HomeMy WebLinkAbout1998-10-13; City Council; 14889; TERRACES AT SUNNY CREEK - ENVIRONMENTAL IMPACT REPORT 98-01|GPA 96-01| ZC 96-01|SP 190(B)|LFMP 87-15(B)|CT 96-02| SDP 97-02| PUD 96-02| SDP 96-02h m m I co cn
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()CITY OF CARLSBAD - RGEhlrA a BILL /' --_ M
AB# /xgk? TITLE: DEPT.HD. -
CITY ATTY4 MTG. 10/13/98
I DEPT. PLN # CITY MGR f
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 9 6-2 3 7 CERTIFYING Environmental
Report, EIR 98-01, and APPROVING GPA 96-01, LFMP 87-15(B), CT 96-02, SDP 97-02,
02 and HDP 96-02 as recommended for approval by the Planning Commission and the
Commission, and INTRODUCE Ordinance No. /V$- 4'<? APPROVING SP 190 (B) and Z(
ITEM EXPLANATION:
The Terraces at Sunny Creek project is a request for approval of a number of legislative act
quasi-judicial permits to enable the subdivision of a 39.9 acre parcel, located to the north (
Camino Real and College Boulevard intersection, into 172 single family lots, a multi-family I
open space lots and the development of 172 market rate single family homes, 50 ai
apartments, and 28 second dwelling units. The project also includes the mass gradir
adjacent 17.6 acre commercial site across future College Boulevard and its use for the st
recreational vehicles per the requirements of the Planned Development Ordinance. The I
Commission was the final decisionmaker for three Special Use Permits; one of which
development along the El Camino Real Corridor, while the other two were to allow rai:
development out of the floodplain.
The Planning Commission recommended approval of this project to the City Council with a
(Nielsen, Savary, Welshons). The issues expressed by the Commissioners not suppor
project included: 1) that the project did not exceed the minimal development standard:
Planned Development Ordinance, 2) concerns about the project's appearance from El Camii
3) intensity of development and recreational facilities, 4) grading and landform modification, !
access cul-de-sac design, 6) the lack of school facilities within the immediate project vic
concern regarding the proposed General Plan Amendment from commercial/office/resideni
density to residential, and 8) the proposed architectural design of the apartment buildings.
With their recommendation of approval, the Planning Commission amended the project to
the Homeowner's Association to maintain all slopes, front yards, and common areas and I
within the Conditions, Covenants, and Restrictions governing the Association, the addition c
recreational facilities on the open space lot between the apartments and the single family
and at the terminus of C and D streets, and the addition of an access trail from the projec
will require the relocation of lot lines adjacent to College Boulevard and the addition of new 1
for the active recreation lots.
The staff and the Planning Commission are recommending approval of the project based
facts that the property is a good location for residential uses because of its proximity to ;
community commercial center, employment opportunities in the adjacent industrial parks
prime arterial while providing 30% of the proposed units as affordable housing with the rei
projected to be housing in the moderate income range. More detailed information is includec
attached staff report to the Planning Commission which indicates that all development sts
have been met with the design of this project.
t
TERRACES AT SUNNY CREEK - EIR 98-OIIGPA 96-011
ZC 96-011SP 19O(B)ILFMP 87-15(B)/CT 96-021 - SDP 97-021PUD 96-021HDP 96-02
intersection of El Camino Real and College Boulevard on Lot 33. The Planning Commissiot
0 I PAGE 2 OF AGENDA (I) w LL NO. 14 % g 7
The City Council should note that by rescinding the existing Sycamore Creek Specific Plan
Planning Commission will become the final decision maker for any future developmen
adjacent commercial project, absent appeal to the City Council.
ENVIRONMENTAL REVIEW:
An Environmental Impact Report was processed addressing all necessary discretionary a
needed to develop the project. The report was found by staff and the Planning Commissior
been prepared in compliance with State and City regulations. The project will result in si1
unmitigated impacts to cumulative air quality and traffic. Overriding considerations are prop
adoption for these two impacts and are contained in Planning Commission Resolution No. 4;
FISCAL IMPACT:
As discussed in the Zone 15 Local Facilities Management Plan amendment, all requirec
improvements are to be funded by development within the Zone. The attached report fron
Planning and Economics indicates that for this project, general fund expenditures will
would generate general fund revenues. The report has been reviewed by the Finance Dep;
The estimated shortfall in general fund revenues associated with this project is largely du
high percentage (31.2%) affordable housing within the project.
EXHIBITS:
1. City Council Resolution No. 98 -33 7
2.
3. Location Map
4.
5.
6.
7.
8. EIR 98-01 (previously distributed).
revenues. In comparison, the previously approved non-residential project upon the subject
Ordinance No. IV s- 4 5 4
Planning Commission Resolutions No. 4287, 4288, 4289, 4290, 4291, 4292, 429:
4295,4296,4297 and 4298
Planning Commission Staff Report, dated June 3, 1998, June 17, 1998, and July 1, I'
Excerpts of Planning Commission Minutes, dated June 3, 1998, June 17, 1998 anc
1998
Executive Summary from the Fiscal study prepared by Onaka Planning and Eco
, (SP 19O(B)/ZC 96-01)
dated August 10, 1998. (Complete report on file with the Planning Department.)
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RESOLUTION NO. 98-337 q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL
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IMPACT REPORT, A STATEMENT OF OVERRIDING
CONS1 DEFWTIONS, APPROVING CANDIDATE FIND I NGS 0 F
FACT, THE MITIGATION MONITORING AND REPORTING
PROGRAM, AND APPROVING A GENERAL PLAN
AMENDMENT, ZONE CHANGE, SPECIFIC PLAN AMENDMENT,
LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT,
TENTATIVE TRACT MAP, SITE DEVELOPMENT PLAN, PLANNED DEVELOPMENT PERMIT, AND A HILLSIDE
DEVELOPMENT PERMIT FOR THE TERRACES AT SUNNY
CREEK PROJECT ON 57.5 ACRES GENERALLY LOCATED
NORTH OF THE EXISTING INTERSECTION OF EL CAMINO
REAL AND COLLEGE BOULEVARD.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO.: EIR 98-01/GPA 96-01/ZC 96-01/SP 190(B)/
LFMP 87-1 5(B)/ CT 96-02/ SDP 97-02/
PUD 96-02/ HDP 96-02
The City Council of the City of Carlsbad, California, does hereby res(
follows:
WHEREAS, on June 3, 1998, June 17, 1998, and July 1, 1998, the C,
Planning Commission held duly noticed public hearings to consider a proposed Enviror
Impact Report (EIR 98-01), General Plan Amendment (GPA 96-01), Specific Plan Arne1
(SP 190 (B)), Zone Change (ZC 96-01), Local Facilities Management Plan Amendment
87-15(8)), Tentative Tract Map (CT 96-02), Site Development Plan (SDP 97-02), P
Development Permit (PUD 96-02), and Hillside Development Permit (HDP 96-02) for
development on 57.5 acres of land, adopted Planning Commission Resolutions No
through 4295, respectively, recommending to the City Council that they be approved ; anc
WHEREAS, the City Council of the City of Carlsbad, on the
November , 1998 held a public hearing to consider the recommendations and he
persons interested in or opposed to EIR 98-011GPA 96-011ZC 96-011SP 19O(B)/LFb
15(B)/CT 96-02/SDP 97-02/PUD 96-02HDP 96-02; and
i7th
WHEREAS, an Environmental Impact Report was prepared and submitted
State Clearinghouse and a Notice of Completion was filed, published, and mailed to respc
agencies and interested parties providing a 45 day review period. All comments receive
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the review period are fully incorporated into the conditions of approval for the project ar
conditions will be reviewed through a mitigation monitoring and reporting program set uk
project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Environmental Impact Report (EIR 98-01) on the above referenced pr
certified and the Candidate Findings of Fact, Statement of Overriding Consideratio
the Mitigated Monitoring and Reporting Program are approved, and that the findir
conditions of the Planning Commission contained in Planning Commission Resolul
4287, on file with the City Clerk and incorporated herein by reference, are the findir
conditions of the City Council.
3. That the City Council finds that the EIR, including areas of concern such as biolc
quality, traffic, noise, views, hydrology, grading, schools and land use compatit
adequate and that public notification was in compliance with the California Enviror
Quality Act, State of California Planning and Zoning Law, and the Carlsbad Municipa
and is adequate.
4. That the General Plan Amendment (GPA 96-01), Specific Plan Amendment (SP 1
Zone Change (ZC 96-01), Local Facilities Management Plan Amendment (LFMP 87-
Tentative Tract Map (CT 96-02), Site Development Plan (SDP 97-02), Planned Develc
Permit (PUD 96-02), and Hillside Development Permit (HDP 96-02) for this projc
approved and that the findings and conditions of the Planning Commission contai
Planning Commission Resolutions No. 4288 through 4295, respectively, on file with tl
Clerk and incorporated herein by reference, are the findings and conditions of tt
Council.
Conditions:
1. The Sycamore Creek Specific Plan for the development now known as the Terra
Sunny Creek is repealed on the condition that no commercial or office use shall be E
reviewed and approved by the City Council. In order to enforce this condition, a notc
be placed on the tentative map identifying the parcel subject to this restriction.
2. The median in El Camino Real, adjacent to the future commercial site, between C
Boulevard and present Sunny Creek Road, shall be constructed prior to the issuance
first building permit relative to PUD 96-02 and shall be landscaped with specimen bo:
to the satisfaction of the Planning Director.
and no further grading, building or other development permits will be final until and
. ...
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3. The enhanced landscaping per Exhibit “GGG”, dated November 17, 1998, and on fi Planning Department, shall include specimen Oak Trees and along the north sic
Camino Real between College Boulevard and Cougar Way, shall be installed
satisfaction of the Planning Director.
EFFECTIVE DATE: This resolution shall be effective upon its adoption
as to the General Plan Amendment, which shall be effective thirty (30) days folla
adoption.
PASSED APPROVED AND ADOPTED at a regular meeting of the City Cc
1998, by the following vote, ti
November
the City of Carlsbad on the 17th day of 1
AYES: Council Members Nygaard, Kulchin & Hall
NOES: Council Members Lewis and Finnila
ABSENT: None
ATTEST:
&2/ QUA-
ALETHA L. RAUTENkRANZ, City Clerk ]
(SEAL)
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ORDINANCE NO. NS-459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA RESCINDING SPECIFIC PLAN, SP
190 (B) AND AMENDING SECTION 21.05.030 OF THE
CARLSBAD MUNICIPAL CODE (THE ZONING MAP) TO
APPROVE A ZONE CHANGE TO RD-M, REGAROlNG
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
CORNER OF FUTURE COLLEGE BOULEVARD AND EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO.: SP 190 (BYZC 96-01
The City Council of the City of Carlsbad, California, does ordain as foilow
SECTION I: That the Sycamore Creek Specific Plan (SP 190) is rescinde
SECTION II: That Section 21.05.030 of the Carlsbad Municipal Code, bc
Zoning Map, is hereby amended as shown on Exhibit “ZC 96-01” of Planning Com
Resolution No. 4289.
SECTION Ill: That the findings and conditions of the Planning Commis
set forth in Planning Commission Resolutions No. 4289 AND 4290 constitute the findir
conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days i
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause
published at least once in a publication of general circulation in the City of Carlsbac
fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsl
Council on the day of 1998, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of thl
Carlsbad on the day of 1998, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAl N:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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@
TERRACES AT SUN" CREEK
EIR 98-01IGPA 96-01IZC 96-01/SP 190(B)/
LFMP 87-1 5 (B)/CT 96-02/SDP 97-02/
PUD 96-02/HDP 96-02
Ex1 0 e
CEQA FINDINGS, FACTS IN SUPPORT OF FINDINGS Ai
REGARDING FINAL EIR FOR TI
STATEMENT OF OVERRIDING CONSIDERATIO
PROPOSED TERRACES AT SUNNY CREEK PROJE
The City of Carlsb
Project consisting (
General Plan Amendment No. 96-
Zone Change No. 96-
Specific Plan Amendment No. 190(
Tentative Tract Map No. CT 96-
Special Use Permit Nos. 96-01 through 96-
Planned Unit Development Permit No. 96-
Hillside Development Permit No. 96-
Local Facilities Management Plan Amendmt
Interim Coastal Sage Scrub Loss Pen;
Site Development P1,
State Clearinghouse No. 961110
(for environmental docme1
January 19
0 CEQA Findings L
Statement of Overriding Consideratic
0
CEQA FINDINGS, FINDINGS OF FACT AND STATEMENT
OF OVERRIDING CONSIDERATIONS REGARDING FINAL EIR
FOR THE TERRACES AT SUNNY CREEK PROJECT
1.0 INTRODUCTION
1.1 STATUTORY REQUIREMENTS FOR FINDINGS
The California Environmental Quality Act ("CEQA") (Pub.Res.Code 5 21 08 l), a
the CEQA Guidelines (('the Guidelines") (14 Cal. Code Regs. §I 5091) require that no public agen
approve or carry out a project for which an EIR has been certified which identifies one or mc
significant effects of the project unless the public agency makes one or more written findings f
each of those significant effects, accompanied by a brief explanation of the rationale of each findir
The possible findings, which must be supported by substantial evidence in the record, are:
(1) Changes or alterations have been required in, or incorporated into, the projt
which mitigate or avoid the significant effects on the environment (hereafter, "Finding 1
Changes or alterations are within the responsibility and jurisdiction of mot€
public agency and have been, or can and should be, adopted by that other agency (hereaft
"Finding 2").
(2)
(3) Specific economic, legal, social, technological, or other consideration
including considerations for the provision of employment opportunities for highly trainc
workers, make infeasible the mitigation measures or project alternatives identified in the El
(hereafter, "Finding 3").
For those significant effects that cannot be mitigated to below a level of significanc
the public agency is required to find that specific overriding economic, legal, social, technologic,
or other benefits of the project outweigh the significant effects on the environment.
The Final EIR identifies significant or potentially significant environmental effec
prior to mitigation, that may occur as a result of the proposed Terraces at Sunny Creek Project ("t
project"). In accordance with the provisions of CEQA and the Guidelines, the City of Carlsbad ('It
City" or "decision makers") adopts these findings as part of its certification of the Final EIR for t.
project.
1.2 ORGANIZATION/FORMAT OF FINDINGS
In compliance with the statutory requirements, these CEQA findings are organizc
as follows:
2 Final EIR for the Terra1
.at Sunny Creek Proj
a CEQA Findings c
Statement of Overriding Consideratic
a
(1)
(2)
Significant effects that cannot be mitigated to a level of insignificance;
Effects which were determined to be mitigated to below a level
significance;
(3) Significant cumulative effects; and
(4) Feasibility of project alternatives.
1.3 LEGAL EFFECT OF FINDINGS
To the extent these findings determine that proposed mitigation measures identifi
in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City here
binds itself and any other responsible parties, including the applicant and its successors-in-interc
(hereafter "applicant"), to the implementation of those measures. The findings,'then, are not men
informational or advisory, but constitute binding conditions that will take effect when the C
adopts the resolution(s) approving the project, certifying the Final EIR and adopting the Mitigati
Monitoring Plan.
1.4 MITIGATION MONITORING PLAN
As required by Public Resources Code 52 1 08 1.6, the City, in adopting these findin;
also adopts a Mitigation Monitoring Plan as prepared by the environmental consultant under t'
City's direction. This Plan is designed to ensure that, during project implementation, the applica
and any other responsible parties, will comply with the adopted mitigation measures summarizl
below.
The City hereby finds that the Mitigation Monitoring Plan, which is incorporated 1
reference and attached as Exhibit 1 to these findings, meets the requirements of Public Resourc
Code §2 108 1.6 by providing for the implementation and monitoring of project conditions intend
to mitigate potential environmental effects of the project.
1.5 SECTION 21082.1(~)(3) FINDINGS
Pursuant to Public Resources Code §21082.1(~)(3), the City hereby finds that t
Final EIR reflects the independent judgment of the City as the lead agency.
3 Final EIR for the Terra
at Sunny Creek Proj
e CEQA Fzndmngs
Statement of Overriding Considerat
e
2.0 PROJECT DESCRIPTION
2.1 INTRODUCTION
The Final EIR prepared for the project addressed the potential environmental e6
of developing approximately 59 acres of land located in the northeastern portion of the Citj
Carlsbad. The property site is bounded by El Camino Real to the south. Agua Hedionda Cree
immediately north of the property site. College Boulevard, which presently ends at the El Cam
Real intersection immediately south of the project area, would be extended northerly across
property site as part of the project (ie., the College Boulevard Extension).
The project site was originally a portion of the Kelly Ranch. The property was UI
for cattle grazing until the 1920s. The property site has been used for farming since that time. 1
Plan.
subject property is part of a previously approved project known as the Sycamore Creek Spec:
The current project area involves two parcels: a 39.9 gross-acre parcel planned
single-family residential uses (37.8 gross-acres) as well as multi-family affordable housing uses (
gross-acres); and a 19-acre commercial parcel located west of the proposed College Boulev
Extension. Only the single-family and multi-family residential parcel would be developed as I
of the project. The commercial parcel is considered a related project because, while it has its o
final map, it would be graded at the same time as the proposed Terraces project. The comer(
parcel is slated for development later this year, independent of the proposed Terraces project, a
would require a separate Site Development Plan.
In addition, two off-site parcels have been examined in conjunction with 1
proposed project: The Future South Agua Hedionda Trunk Sewer improvement areas located e
and west of the project area and a two-acre parcel that was studied as part of the biological mitigat!
land for the project. The off-site sewer connections are shown in the Draft EIR, Section 5.2, Fig1
5.2-1. The biological mitigation site is located adjacent to the project along the Agua Hedior
Creek drainage, and is discussed in the Draft EIR, Section 5.4, and shown in Figure 5.4-3.
The project application includes an amendment to the City of Carlsbad General P
Land Use Element Map, with a corresponding Zone Change for the property, a Specific P
Amendment, a Tentative Tract Map and three Special Use Permits. The project would requir
Planned Unit Development Permit, a Hillside Development Permit, a Local Facilities Managemi
Plan Amendment, a Site Development Plan and an Interim Coastal Sage Scrub Loss Permi
Specifically, the project would require the following discretionary approvals:
General PZan Amendment. The current General Plan Land Use designations
of the property are Residential High Density (RH)/Office and Related
Commercial (O)/Community Commercial (C) for the 39.9 net acre proposed
4 Final EiR for the Tern
at Sunny Creek Pro
CEQA Findings i
Statement of Overriding Considerati
0 e
single-family development and multi-family affordable housing parcel. The
proposed General Plan Amendment (GPA) designation for the single-family
and multi-family affordable housing parcel is Residential Medium Density
ouvr>*
Zone Change. The single-family residential and multi-family affordable
housing parcel is currently zoned Office (0), General Commercial (C-2), and
Limited Control (L-C); the project proposes a zone change to Residential
Density Multiple (RDM). These zone changes would be consistent with the
proposed General Plan designations.
Specific Plan Amendment. The subject property is part of a previously
approved project, the Sycamore Creek Specific Plan. The Specific Plan
Amendment is required to delete the land from this prior plan, concurrent
with approval of the new tentative tract map.
Tentative Tract Map. The project would develop The Terraces, a gated
development with 172 single-family detached homes and 28 affordable
efficiency units, and 50 affordable multi-family residential units. The latter
units would be developed in accordance with the City's Second Units
Ordinance and, in concert with the 28 efficiency units, would fulfill the
project's affordable housing requirement. The Terraces is proposed to be
developed in 12 phases.
Special Use Permits. Three Special Use Permits would be part of this
project. Two Special Use Permits, one for the commercial parcel and one for
the residential parcel, would be required to allow development within an area
of special flood hazards (100 year floodplain) as required by Section
21.1 10.130 of the City's Municipal Code. The other Special Use Permit
would be required to allow the project to develop within the El Camino Real
Scenic Corridor (Section 21.40.040, Carlsbad Municipal Code).
Planned Unit Development Permit. A Planned Unit Development Permit is
required because the project proposes some lot sizes less than 7,500 square
feet (1 18 out of a total of 172 lots are applicable; Lots 1-12, 14-1 9,22,24-34,
150, 152-157, 161-172), and because circulation through the project would
be via private streets.
HiZlside Development Permit. The city's Hillside Development Regulations
(Chapter 21.95 Carlsbad Municipal Code) are applied to all residential
development projects on properties where a natural slope gradient of 15
38,39,54-58,60,77-91,93-102, 104-1 16, 118-123, 126-127, 129-130,135-
5 Final EIR for the Terr
at Sunny Creek Prc
e CEQA Findings 1
Statement of Overriding Considerati
e
percent or greater and a slope height greater than 15 feet is found. A Hillside
Development Permit is required on properties that meet these criteria. A
portion of the project area has applicable slope gradients and heights,
necessitating this permit.
Local Facilities Management PIan Amendment. The City's Growth
Management Plan divides the City into 25 Local Facilities Management
Zones. In accordance with the requirements of Chapter 2 1.90 of the Carlsbad
Municipal Code, the Local Facilities Management Plan (LFMP) analyzes the
adequacy of public facilities, and mandates conditions to ensure that public
facilities conform to adopted performance standards. It also provides phasing
schedules and finance methods for facilities funding.
The project, which is located in Zone 15 of the LFMP, has an existing
approved plan for office development (0); a LFMP amendment is required
because the project would change the development to residential (RM and
RH).
Site Development Plan. All affordable housing developments in the City of
Carlsbad are required to file a Site Development Plan (21.53,120, Carlsbad
Municipal Code). A Site Development Plan for the project is necessary
because 50 affordable units are proposed and because the multi-family
component exceeds the City's Growth Management Control Point
requirements.
Interim Coastal Sage Scrub Loss Permit. This permit is required under the
provisions of the Interim Rule 4(d) implementing ordinance of the City of
Carlsbad, because the applicant proposes to grade coastal sage scrub habitat,
an action which is regulated due to the listing of the California gnatcatcher.
Since the circulation of the Draft EIR, the project design has been refined to reflect tl
deletion of property belonging to the adjoining property owner, Rancho Carlsbad, which had bec
added to the project footprint. In addition, impacts to the riparian woodlands adjoining tl
affordable housing were reduced by moving one of the buildings to the south. Finally, a four-fo
(4-foot) concrete block wall has been added to pull back the grading along Lots 161 -1 65.
As a result, overall impacts are reduced to riparian woodlands along Agua Hedionda Cree
The riparian revegetation mitigation area shown on the revised Figure 5.4-3 has also been chang
due to the deletion of Rancho Carlsbad's property. The riparian revegetation mitigation area lost
the western end of the project has been added to the area on the northern side of Agua Hedionc
Creek.
6 Final EIR for the Terrac
at Sunny Creek Projc
0 CEQA Findings L
Statement of Overriding Consideratic
0
2.2 RECORD OF PROCEEDINGS
For the purposes of CEQA and the findings set forth below, the admmstrative recc
of the City's decision on the environmental analysis of this project shall consist of the followin1
The Draft and Final EIR for the project, including appendices and
All reports, applications, memoranda, maps, letters and other planning
technical reports;
documents prepared by the project engineering and design
consultants, the environmental consultant and the City of Carlsbad
that are before the decision makers as determined by the City Clerk;
All documents submitted by members of the public and public
Minutes of all workshops, public meetings and public hearings held
Any documentary or other evidence submitted at workshops, public
Matters of common knowledge to the City of Carlsbad which they
agencies in connection with the EIR on the project;
by the City of Carlsbad;
meetings and public hearings; and
consider, including but not limited to, the following:
Carlsbad General Plan;
Local Coastal Program.
0 Carlsbad Zoning Ordinance;
Local Facilities Management Plan; and
3.0 SIGNIFICANT EFFECTS THAT CANNOT BE MITIGATED
TO A LEVEL OF INSIGNIFICANCE
Having reviewed and considered the information contained in the Final EIR, the relate
documents and the record of proceedings, the City finds that all of the direct and indirect significa
effects associated with the project have been mitigated to below a level of significance. Howeve
the project, if constructed, would contribute to significant cumulative impacts with respect to a
quality and traffic. These significant cumulative impacts are addressed in Section 5.0, below.
7 Final EIRfor the Terrae
at Sunny Creek Proje
)
0 CEQA Findings a
Statement of Overriding Consideratic
e
4.0 EFFECTS DETERMINED TO BE MITIGATED TO BELOW A LEVEL OF
SIGNIFICANCE
4.1 SOILS AND GEOLOGY
4.1.1 SIGNIFICANT EFFECT: The project would include grading of 59.4 acres (5;
acres on-site and 2 acres off-site, which are necessary for sump remediation), involvi
approximately 621,870 cubic yards of cut and 553,882 cubic yards of fill. Cut material would
exported to the commercial parcel west of the extension of College Boulevard. Some features oft
Point Loma formation (fiacturehedding patterns, claystone portions) may result in impacts if presr
in or near the face of slopes. This formation lies above and in places intrudes into the Lusa~
Formation on the single-family residential parcel. Impacts could occur with project implementati
in the form of accelerated erosion or damage to homes and streets.
The Holocene-age alluvidcolluvial deposits on the property 2
unconsolidated, and are usually not suitable for the support of structures or to receive fill. This COI
cause impacts in the form of damage to proposed homes and streets on the residential parcels, as w
as structures on the commercial parcel.
Expansive soils could result in impacts in the form of damage to propos
homes, streets, and commercial buildings.
4.1.2 FINDINGS: The City adopts CEQA Finding 1.
4.1.3 Facts In Support Of Finding: The significant effects identified in the Fir
EIR are mitigated to below a level of significance with the adoption of the following feasil
mitigation measures:
Continuous observation by the soil technician and periodic
observations by the Engineering Geologist and Geotechnical
Engineer during mass grading to confrm anticipated conditions, to
allow adjustments in design criteria, and to ensure grading follows the
incorporated measures.
0 All areas to be graded shall be cleared and grubbed.
Present structures shall be properly demolished, including any old
In areas to receive fill or improvements, the topsoil, subsoil, and
0
utility services.
0
younger alluvial deposits shall be removed. The amount and depth
of removal shall be determined with the Project Geologist.
8 Final EIR for the Tern
at Sunny Creek Prc
a CEQA Findings or
Statement of Overriding Conrideratio
e
0 The existing road fill along the north side of El Camino Real shall be
removed to the maximum extent practical and shall be replaced as
compacted fill. The amount of fill removed shall be dependent on
safety considerations and/or utility and roadway improvements that
cannot be disturbed. As a minimum, all fill north of an imaginary
line extending from the top edge of the slope at an inclination of 1.5: 1
should be removed, and the remaining fill should be benched into at
minimum vertical intervals of 2 feet as the new fill is placed.
0 Prior to replacing any excavated soils and/or fill over competent
ground, the exposed soils shall be sacrificed to a depth of 12 inches,
moisture-conditioned, and compacted to at least 90 percent relative
compaction.
0 Canyon subdrains shall be constructed in drainage courses'to be filled.
All subdrains shall discharge into the storm-drain system or into
natural drainage swales.
0 Fill shall be benched into all temporary slopes and into competent
natural soils when the natural slope is steeper than 5: 1 vertical to
horizontal. Keys shall be constructed at the toe of all fill slopes.
0 If transitions between cut and fill arterial fall within a building pad,
the cut portion of the pad shall be over-excavated.
0 Detrimentally expansive soils shall not be placed within 4 feet of
finish pad grade or within 15 feet of the face of a fill slope. In cut
areas, such soils shall be removed from within 4 feet of pad grade and
replaced.
All grading and fill placement shall be performed in accordance with the Ci
of Carlsbads Grading Ordinance, the Uniform building Code, and the recommendations of tk
geotechnical report and its appendices.
4.2 HYDROLOGY
4.2.1 SIGNIFICANT EFFECT: The introduction of roadways, driveways and housc
would increase the amount of runoff during rainstorms. The introduction of vehicular traffic ar
parking would introduce petroleum products into the runoff, with the great majority in the runoff (
the first storm of the season. These pollutants can impact water quality. Discontinuation (
agriculture would eliminate the associated uses of any herbicides, pesticides, fertilizers and simil
substances. This would have a positive impact on water quality of the runoff.
9 Final EIR for the Terrac
at Sunny Creek Pro/(
0 CEQA Findings L
Statement of Overriding Consideratit
e
No flooding impacts would be expected with the proposed project. T
northernmost edge of the proposed affordable housing area falls withm the existing floodplain arr
Prior to construction, this area would be raised which would elevate it out of the floodplain. T
potential of impacts fiom erosion and ensuing sedimentation to the creek exists with any project tl
proposes grading.
4.2.2 FINDINGS: The City adopts CEQA Finding 1.
4.2.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in t
Final EIR are mitigated to below a level of significance with the adoption of the following feasil
mitigation measures:
0 Regular street sweeping, at a minimum during the latter stages of the
dry season, shall be implemented to reduce materials potentially
carried in the runoff.
0 Sedimentation basins shall be incorporated during construction.
Standard temporary slope erosion measures shall be used as
appropriate, including use of sandbags and silt fences.
Several measures to control erosion have been listed and detailed in
Section 5.1, Soils and Geology, and further detailed in Appendix B.
These include: exposed soils shall be moisture-conditioned and
compacted to at least 90 percent relative compaction; subdrains shall
discharge into the storm drain system or natural drainage swales;
when appropriate, fill shall be benched into temporary slopes and into
competent natural soils; and keys shall be constructed at the toe of all
fill slopes.
.
The design of all three storm drain outlets shall include discharge into
a stretch of riprap to eliminate erosion in the outlet, and to prevent an
increase of sediment into the creek.
0 All grading and fill placement shall be performed in accordance with
the City of Carlsbad's Grading Ordinance, the Uniform Building
Code, and the recommendations of the geotechnical report and its
appendices.
0 The Grading Plan calls for the entire site to be graded at one time.
This allows erosion control measures to be done as an entity, rather
than piecemeal.
10 Final EIR for the Terrc;
at Sunny Creek Prq
0 CEQA Findings c
Statement of Overriding Consideratic
0
A Landscape Plan has been developed for the project area.
vegetation shall reduce erosion and sedimentation,
An NPDES (National Pollutant Discharge Elimination System) Plan
The
would be required, and must be approved prior to grading. The
"DES Plan would include applicable measures here. The NPDES
Plan would incorporate Best Management Practices, based on the
state-of-the-art at the time of preparation.
4.3 AIRQUALITY
4.3.1 SIGNIFICANT EFFECT:
Mobil SourcesNehicular Trafic. The project, assumed to be developed o\
a three-year period, would generate approximately 246 pounds of CO, 13 pounds of ROC, 12 poun
of NO,, and less than 1 pound of PM,, daily during the project's initial year of operation, 1998.
total of approximately 444 pounds of CO, 25 pounds of ROC, 23 pounds of NO,, and less than
pound of PM,, would be generated daily during the project's second year of operation, 1999; and 5'
pounds of CO, 33 pounds of ROC, 32 pounds of NO,, and less than 1 pound of PM,, would
generated daily at project completion.
The related commercial project would generate 1,182 pounds of CO, 1 (
pounds of ROC, 93 pounds of NO,, and 3 pounds of PM,, daily. By 2000, the commercial operatic
would generate 874 pounds of CO, 53 pounds of ROC, 95 pounds of NO,, and 5 pounds of Ph
daily.
The combined daily residential and commercial emissions in 2000 would to
1,470 pounds of CO,' 1 1 1 pounds of ROC, 127 pounds of NO,, and 6 pounds of PM,,. It is expect
that emissions would decrease in subsequent years due to improvements in emissions-reductil
technology, and the future use of low-emissions and zero-emissions vehicles.
Compared to state and federal standards, emissions of ROC, NO, and Ph,
would all be near or below 50 percent of the threshold levels, and no regional or local impacts wou
result. At project completion, CO emissions would exceed the standard thresholds. The San Diel
air basin is an attainment area for CO and the impact of the expected emission would not 1
significant on a regional basis. There would be no significant local CO impact, and overall, tl
emission associated with the proposed project would be about 50 percent less than assumed
regional planning documents.
Although less than assumed, vehicle emissions would be consider
cumulatively significant because the project is located in an ozone non-attainment area (see Sectil
5.0, below).
11 Final EIR for the Terra
at Sunny Creek Proj
CEQA Findvlgs I 0
Statement of Overriding Consideratic
0
Construction. Site clearing, grading, excavation and travel on unpaved roa
would temporarily increase pollutants and emissions levels to the local airshed. Fugitive dust
considered a nuisance and an adverse impact. APCD Rule 5 1 prohibits such pollutant nuisances a
requires grading to be done in a way that minimizes dust and PM,, emissions.
4.3.2 FINDINGS: The City adopts CEQA Findings 1 and 3.
4.3.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in the Fir
EIR are mitigated to below a level of significance with the adoption of the following feasit
mitigation measures:
Project-Related Mitigation Measures. As required by the General Plan, the followj
measures shall be incorporated into the proposed project design to reduce signific:
air quality impacts to the lowest level possible.
rn The project shall provide a variety of residential accommodations and
amenities, including access to planned commercial venues and mass
transit.
m The multi-family units shall be located near planned commercial and
existing employment centers, as well as near major transportation
corridors, El Camino Real and College Boulevard.
rn The project shall be located in a region of mixed land uses, which
opportunities.
would reduce vehicle emissions by encouraging patronage of
neighborhood services and amenities, as well as employment
Construction-Related Mitigation Measures. The following mitigation measures si
be included in grading and specifications and permits to minimize dust and PI
impacts:
rn All active grading areas, including soils associated with excavation
and compaction activities on haul roads shall be kept moist at all
times.
rn All trucks hauling dirt, sand, soil or other loose materials shall be
covered or would maintain a minimum of 2 feet of freeboard, per
California Vehicle Code, Section 23 1 14.
Truck speeds shall be limited to a maximum of 15 mph on unpaved
roads.
12 Final EiR for the Terr
at Sunny Creek Prc
0 CEQA Findings a
Statement of Overriding Consideratio
0
m Streets shall be swept at least once daily if soil materials are
When fill is completed, the commercial site shall be seeded and
transported on them.
watered until ground cover is established.
4.4 BIOLOGICAL RESOURCES
4,4,1 SIGNIFICANT EFFECT:
Vegetation Communities. Implementation of the proposed project wou
result in the development of approximately 60.1 acres, or approximately 98 percent of the sit1
Approximately 1 .O acre of the existing habitats on-site would remain after project construction; t
remnant upland fragment would be an isolated island of low-value habitat. Project constructir
would result in the direct removal of the majority of existing vegetation communities on site.
Sensitive Species. Implementation of the project would result in the rem01
of two sensitive plant species (California adolphia and spiny rush) and would impact six sensiti
wildlife species (California gnatcatcher, northem harrier, California homed lark, Cooper's hawk, rc
shouldered hawk and white-tailed kite). Impacts to sensitive plants would include the removal
approximately 70 California adolphia plants, and at least one individual spiny rush plant.
The remnant habitat (brushed coastal sage scrub) used by at least one coas
California gnatcatcher would be removed. Project construction would directly affect foragir
perching an potential nesting habitat used by a variety of captor-species including red-shoulder
hawk, Cooper's hawk, the northern harrier, and white-tailed kite.
WiZdlfe Corridors. Wildlife movement through Agua Hedionda Creek woi
be directly and indirectly impacted by the project. In addition to the direct loss of 0.3 acre of npar
woodlands, indirect impacts associated with development (permanent structures and roadways) a
human activity (noise, lights, pets) would increase adjacent to the creek.
4.4.2 FINDINGS: The City adopts CEQA Finding 1.
4.4.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in 1
Final EIR are mitigated to below a level of significance with the adoption of the following feasil
mitigation measures:
Coastal Sage Scrub and Native Grasslands. Impacts to 1.7 acres of coastal
sage scrub and 1.5 acres of native grassland habitats would be mitigated
through off-site acquisition of 3.4 acres of coastal sage scrub and 3.0 acres
of native grassland. The off-site purchase and protection of the area under a
13 Final EIR for the Tern
at Sunny Creek Prc
0 CEQA Findings
Statement of Overriding Considerati
e
conservation easement would satisfy the requirements of Interim Rule 4(d),
and those of the HMP as it is currently proposed. This shall be completed
prior to issuance of a grading permit for the project.
Riparian Woodlands, Oak Woodlands, and Freshwater Marsh. A total of
0.62 acre of impacts would occur to oak woodland, riparian woodlands, and
fieshwater marsh habitats. Impacts to freshwater marsh are confined to an
agricultural field drainage way; it is not part of any wildlife corridor.
Approximately 1.74 acres of riparian woodland would be revegetated,
including 0.46 acre adjacent to the south and 1.28 acres to the north of Agua
Hedionda Creek (Figure 5.4-3). The complete revegetation plan shall be
prepared prior to issuance of a grading permit for the project. The project
shall mitigate the loss of oak woodlands by replanting oaks at a 10: 1 ratio for
each oak tree lost. The oak replanting areas are shown in revised Figure 5.4-
3, and total approximately 0.5 acre adjoining existing oak woodlands.
Mitigation Measures for Cumulative Impacts to Regional Wildlife Movement
and Riparian Resources. The direct loss of 0.3 acre of riparian woodland
would be mitigated by off-site revegetation and by the following measures:
Designating a natural open-space buffer with an average width of I
approximately 66 feet between the edge of development (or in some
cases the top of slope) and the edge of riparian vegetation;
8 Implementation of an expanded riparian corridor on the north and
south sides of Agua Hedionda Creek;
Construction of manufactured slopes to discourage pedestrian access
Establishment of a Corridor Management Area within Agua Hedionda
into the riparian areas; and
Creek.
Natural Open-Space Bufer. The extent and location of the natural open-
of the habitat is shown in Figure 5.4-3. The buffer would extend along about
1,200 feet of the project boundary and would average 66 feet in width
(varying from a minimum of 30 feet to a maximum of 300 feet).
Manufactured Slopes. Where project grading would directly impact riparian
woodland, a manufactured slope shall be constructed to separate the
development of the habitat. The top of slope shall be separated from the
space buffer between the edge of development (or top of slope) and the edge
14 Final EIRfor the Tern
at Sunny Creek Pro
a CEQA Findings I
Statement of Overriding Considerati
0
riparian area by revegetated slopes including low-fuel volume shrubs. The
slopes shall be planted to establish a thicket and to discourage human
encroachment. Approximately 62,000 square feet of manufactured slopes
would be included within the open-space buffer.
Mitigation Plantings, Northern Edge ofAgua Hedionda Creek An expanded
riparidwildlife movement corridor shall be established on the north and
5.4-3, would increase the corridor width by between 1 foot and 140 feet.
Corridor Management Area Within Agua Hedionda Creek. A corridor
Management Area shall be established within Agua Hedionda Creek.
Implementation of the following management guidelines would improve the
biological integrity of this regional habitat linkage over current conditions,
and would off-set the project's impacts:
south sides of the Creek, The proposed expansion areas, shown in Figure
8 Roadways shall have highly visible signs notifying drivers of the
potential for wildlife. Speeds at corridor crossings shall be strictly
enforced.
m No fences shall impede movement within the corridor or in open
space/conservation areas. If a fence is necessary, it should be a two-
strange smooth-wire or split-rail type fence.
Corridors shall be screened from the direct view of adjacent homes,
roads, etc. by trees and shrubs.
m If night-time lighting is necessary in the area of the wildlife corridors,
only appropriate restrictive lighting pointed away from the corridor
shall be allowed. In addition, streets shall not terminate at the edge
of the corridor, which would flood the corridor with headlight
illumination.
Access to the corridor shall be limited to specified nature trail
entrances, preferably some distance fiom major developed areas. The
corridor should be crossed at a minimum number of locations needed
to ensure emergency and security vehicle access.
8 An appropriate land management organization shall patrol for illegal
activity within the wildlife corridor.
15 Final EIR for the Terra
at Sunny Creek Prq
CEQA Findings a 0
Statement of Overriding Consideratic
0
Management of open-space areas adjacent to residential development
shall follow the same general guidelines as suggested for corridors.
In general, access to such areas shall be limited to specific points, and the
perimeter of the open space shall be separated from developments by
appropriate residential fencing.
4.5 LAND USE
4.5.1 SIGNIFICANT EFFECT: The project would be potentially incompatible wi
the future commercial parcel to the west. A potential incompatibility would exist with the Plannc
Industrial and Unplanned Area uses to the south.
4.5.2 FINDINGS: The City adopts CEQA Finding 1.
4.5.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in tl
Final EIR are mitigated to below a level of significance with the adoption of the following feasib
mitigation measures:
Adherence to the Landscape Concept Plan, which buffers the project
from the future commercial parcel located across the College
Boulevard Extension. The Landscape Concept Plan also provides a
buffer between the single-family development and the Planned
Industrial lands to the south.
Adherence to the site Development Plan, which positions the multi-
family residential structures behind parking areas serving to buffer
the project.
Adherence to the multi-family Landscape Concept Plan, which
Adherence to the Grading Plan, which shows lots in the southern
provides a buffer around the development.
m
portion of the single-family development below grade relative to El
Camino Real.
4.6 TRAFFIC/CIRCULATION
4.6.1 SIGNIFICANT EFFECT: Under buildout conditions, the College Boulevard/€
Camino Real intersection would operate at LOS F during the pm peak hour at buildout, whic
constitutes a significant traffic impact.
16 Final EIRfor the Terracc
at Sunny Creek Proje
CEQA Findings c
Statement of Overriding Conrideratic
0
4.6.2 FINDINGS: The City adopts CEQA Finding 1.
4.6.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in t
Final EIR are mitigated to below a level of significance with the adoption of the following feasit
mitigation measures:
The project shall construct a westbound to northbound right-tm only la
on El Camino Real to bring the level 0 service during both am and pm peak hours within the Cie
circulation performance standard of LOS D under buildout conditions.
In addition, to accommodate project-related traffic with regard to proje
design, the applicant is required to:
Complete College Boulevard Extension between El Camino Real and
Complete frontage and median improvements on El Camino Real
the Sunny Creek access roadway; and
m
along the length of the project.
4.7 CULTURAL RESOURCES
4.7.1 SIGNIFICANT EFFECT: Three cultural resources located within the proje
area (CA-SDI-9700, -14,337, -14,338) and a portion of a fourth, CA-SDI-14,339H, would 1
destroyed by development of the proposed project.
Off-site grading is expected to eliminate a melted adobe pile (SDM-W-403:
An off-site area immediately north of Agua Hedionda is proposed as a riparian revegetation area f;
mitigation of biological impacts associated with the project. This area is located within CA-SD
9701. Excavation and grading, or other ground-disturbing activities necessary to implement tE
revegetation program would create impacts to this site.
4.7.2 FINDINGS: The City adopts Finding 1.
4.7.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in th
Final EIR are mitigated to below a level of significance with the adoption of the following feasibl
mitigation measures:
Testing of portions of site CA-SDI-9701 confinned its significance, further testing
of the site is unnecessary because it is not likely that material would be produced
which would be qualitatively different fiom that already recovered. However,
obsidian source and hydration analysis of obsidian debitage shall be conducted to
fully realize the research potential of tested portions of the site. In addition, untested
17 Anal ElR for the Terraci
at Sunny Creek Proje
e CEQA Findings
Statement of Overriding Considerati
e
portions of CA-SDI-9701 shall be fenced or flagged during construction and
revegetation to avoid impacts to the site.
CA-SDI-9700 and CA-SDI-14,339H both have a potential for important buried
impacts to below a level of significance:
cultural resources, impacts to which would constitute significant environmental
effects. The following mitigation measures shall be implemented in order to mitigate
rn An archaeological monitor shall be on-site during initial cutting or
trenching in native soils in the areas of CA-SDI-9700 and CA-SDI-
14,339H to inspect for cultural resources.
rn If cultural resources are encountered, the archaeological monitor shall
have the authority to temporarily halt or redirect grading activities in
the area of the cultural materials while the importance of the find is
assessed.
rn The archaeologist, in consultation with City staff, shall determine the
importance of the cultural material encountered and develop
appropriate and feasible mitigation measures, in the form of data
recovery, preservation, or avoidance.
A monitoring report shall be prepared and submitted to the City of
Carlsbad following completion of the archaeological monitoring
program.
4.8 PALEONTOLOGICAL RESOURCES
4.8.1 SIGNIFICANT EFFECT: The geological formation on-site are typically fosr
bearing. Therefore, there is a potential for impacts to paleontological resources within the projl
area.
4.8.2 FINDINGS: The City adopts CEQA Finding 1,
4.8.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in.
Final EIR are mitigated to below a level of significance with the adoption of the following feasit
mitigation measures:
A qualified paleontologist shall be retained to perform periodic
inspections of grading/excavation operations in fossil-bearing strata,
and, if necessary, salvage exposed fossils.
18 Final EIR for the Term
at Sunny Creek Pro
CEQA Findings a,
Statement of Overriding Consideratto
@ e
I The paleontologist shall be allowed to divert or direct grading in the
area of an exposed fossil to facilitate evaluation and, if necessary,
salvage. The City of Carlsbad Engineering Inspection Department
Division shall ensure the grading contractor is aware of this
provision.
Matrix samples shall be collected for processing through the fine
mesh screens.
8
Provision for preparation and curation shall be made before the fossils
All fossils collected shall be donated to a museum with a systematic
paleontological collection, such as the San Diego Natural History
are donated to their final repository.
Museum.
4.9 NOISE
4.9.1 SIGNIFICANT EFFECT: At ground level, single-family units on Lots 36-1
would experience traffic-related noise levels exceeding the City's noise standard. The second-ston
of all units backing up to El Camino Real and College Boulevard could be exposed to exterior noi
levels exceeding 60 dBA, and, therefore, noise levels exceeding 45 dBA could potential
experienced.
The multi-family fiordable housing units are expected to experience exteri
noise levels of 60 dBA; interior noise levels of 40 decibels are anticipated.
4.9.2 FINDINGS: The City adopts CEQA Finding 1.
4.9.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in tl
Final EIR are mitigated to below a level of significance with the adoption of the following feasit:
mitigation measures:
Exterior Noise. The project would construct a 6-foot high berm along College
Boulevard and a combination berm and wall at the comer of El Camino Real
and College Boulevard. A slump block masonry step wall, ranging in
maximum height from 5 to 6 feet, would also be constructed along El
Camino Real behind Lots 36-41. Construction of these barriers would reduce
ground level exterior noise impacts to below a level of significance.
Interior Noise. At the time single-family and multi-family building plans are
available, a detailed acoustical analysis shall be performed to ensure interior
19 Final EIR for the Terra
at Sunny Creek Proj
0 CEQA Findings t
Statement of Overriding Considerati
e
noise levels would be below the City's 45 &A CNEL standard. If the
standard is exceeded, mitigation measures, such as mechanical ventilation,
dual-paned sliding windows, and enhanced wall and door insulation, shall be
employed to reduce interior noise impacts to below a level of significance.
4.10 LANDFORM ALTERATIONlAESTRETICS
4.10.1 SIGNIFICANT EFFECT:
Aesthetics. Development of residential uses, including associated cut and 1
slopes, adjacent to the scenic corridor of El Camino Real would create an impact to the existi
aesthetic character of the project area, thus affecting the community theme corridor.
Landform Alteration. The proposed project would require 62 1,870 cui
yards of cut and 553,882 cubic yards of fill over a total of 59.4 graded acres (57.4 acres on-site
acres off-site), including the 40-acre single-family and multi-family affordable housing parcel, t
19-acre commercial parcel, and about two acres of off-site grading necessary to avoid creating SUI
conditions. Virtually the entire project area would be graded, either cut or filled.
Some of the grading proposed by the project is necessary for the constructi
of College Boulevard and improvements to El Camino Real. In addition, some remedial grading
necessary to compensate for compaction of alluvial soils. Taking this into consideration, t
adjusted grading volume is 7,500 cubic yards per graded acre, which is within the City's gradii
allowance. Therefore, no landform alteration mitigation measures are required.
4.10.2 FINDINGS: The City adopts CEQA Finding 1.
4.10.3 FACTS IN SUPPORT OF FINDING: The significant effects identified in t
Final EIR are mitigated to below a level of significance with the adoption of the following feasit
mitigation measures:
Implementation of the project's landscape concept plan which
includes plantings along El Camino Real consistent with major
arterial streetscapes and consist of trees, such as alder, camphor tree,
California sycamore, evergreen pear, and Brisbane box.
Landscaping on graded slopes in the northern portion of the project
slope, while maintaining privacy at the toe of the slope.
area (in common areas) would aim to frame views from the top of the
20 Final EIR for the Terra
4t Sunny Creek Prq
0 CEQA Fzndzngs L
Statement of Overriding Conriderati
e
8 Graded slopes shall be contoured to more closely approximate natural
slopes and eliminate sharp lines and edges where they interface with
natural areas.
4.11 PUBLIC SEWICES
4.11.1 FIRE PROTECTION
4.11.1.1 SIGNIFICANT EFFECT: The proposed project would increi
demand for fire protection services. The response time standard is satisfied.
4.1 1.1.2
4.11.1.3
FINDINGS: The City adopts CEQA Finding 1.
FACTS IN SUPPORT OF FINDING: The significant effec
identified in the Final EIR are mitigated to below a level of significance with'the adoption oft
following feasible mitigation measures:
Impacts to fEe protection shall be mitigated by payment of developer fees via
the Growth Management Plan, which will fund additional staff and
equipment, and by implementing project design, which would reduce the
potential for catastrophic fire events.
4.11.2 LAW ENFORCEMENT
4.1 1.2.1 SIGNIFICANT EFFECT: Development of the project
anticipated to bring more people in Carlsbad, incrementally increasing the need for law enforceme
Response times to the project would be within the City's standard.
4.1 1.2.2
4.11.2.3
FINDINGS: The City adopts CEQA Finding 1.
FACTS IN SUPPORT OF FINDING: The significant effei
identified in the Final EIR are mitigated to below a level of significance with the adoption oft
following feasible mitigation measures:
Impacts to law enforcement services would be mitigated by payment of
developer fees via the Growth Management Plan, increased revenues to the
City from property and long-term sales tax paid by new consumers, and
phasing of the project.
21 Final EIR for the Terra
at Sunny Creek Pro,
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Statement of Overriding Considerati
0
4.11.3 EDUCATION
4J1.3J SIGNIFICANT EFFECT: The project would add approximat
is operating at capacity and the potential exists that increased service demands on school facilil
129 new pupils, kindergarten through grade 12, to the district. The Carlsbad Unified School Disb
would occw as a result of population increases anticipated fiom buildout of new development.
4.1 1.3.2
4.113.3
FINDINGS: The City adopts CEQA Finding 1.
FACTS IN SUPPORT OF FINDING: THE significant effe
identified in the Final EIR are mitigated to below a level of significance with the adoption of 1
following feasible mitigation measures:
Prior to the issuance of building permits, the applicant 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 (government Code Section 53080 et seq.
and 65995 et seq.).
5.0 SIGNIFICANT CUMULATIVE IMPACTS
5.1 CUMULATIVE AIR QUALITY
5.1.1 SIGNIFICANT EFFECT: Development of the property would have significa
unmitigable cumulative impacts to air quality, with or without the project. Because air quality i
regional, community-wide problem, there are no feasible methods for the project to fully mitig;
cumulative air quality impacts.
5.1.2 FINDINGS: The City adopts CEQA Findings 1 and 3. Specifically, pursui
to CEQA Guidelines $15091(a)(l), changes or alterations are required in, or incorporated into, 1
project, which will substantially lessen the significant environmental effects as identified in the F~I
EIR. The cumulative impact is anticipated to remain significant. Pursuant to CEQA Guidelir
significance. As described in the Statement of Overriding Considerations (Section 7.0, below), 1
City has determined that this impact is acceptable because of specific overriding consideration.
FACTS IN SUPPORT OF FINDING: The objectives of the project are to: (
provide market-rate residential housing that is appropriate to the area and that is both consistent w
a complementary to surrounding planned or existing development; and (b) provide an affordal
housing component consistent with the City of Carlsbad's housing policies. These objectives woi
be met by developing the project, which accommodates single-family homes offered for sale
market rate, and which also provides for affordable housing options - granny flats and apartmen
§15091(a)(3), there are no feasible measures that would mitigate the impact below a level
5.1.3
22 Final EIR for the Terra
at Sunny Creek Prq
CEQA Findings
Statement of Overriding Considerat
0 e
The project site is well-suited for such uses because of its location in proximity to a major arte
roadway, El Camino Real. The project site affords mass-transit opportunities, as well as accesi
nearby commercial and light industrial centers, which provide an opportunity for employment i
the provision of necessary goods and services.
Implementation of the project would also have a positive fiscal benefit to
City of Carlsbad. The total current unimproved 40-acre proposed project area has a taxable vs
of $3,850,700. When constructed, the residential units would have a total assessed value
$45,469,23 1 ($43,874,43 1 - single-family/average value of $255,000 per unit; $2,594,800 - mi
family/average value of $5 1,900 per unit), and would be anticipated to provide annual property
revenues of $65,021 to the City of Carlsbad. Annual revenues from sales tax would be expectec
be approximately $33,708.
Upon completion, the related commercial center project adjacent to 1
Terraces development is expected to require 248 M1-time retaiYservice employees. It is anticipa
that at least some of those positions would be filled by occupants of the single-family and &orda
housing units, providing an employment benefit to the City as well.
5.2 CUMULATIVE TRAFFICKIRCULATION
5.2.1 SIGNIFICANT EFFECT: Traffic from the proposed project would contrib
to cumulative traffic impacts. Impacts to area and regional circulation are presently significant, P
or without development on the property site. Cumulative regional traffic impacts are considei
significant and unavoidable.
5.2.2 FINDINGS: The City adopts CEQA Findings 1 and 3. Specifically, pwsu
to CEQA Guidelines §15091(a)( 1), changes or alterations are required in, or incorporated into,
project that will substantially lessen the significant environmental effects as identified in the Fi
EIR. The cumulative impact is anticipated to remain significant. Pursuant to CEQA Guidelii
§15091(a)(3), there are no feasible measures that would mitigate the impact below a level
significance. As described in the Statement of Overriding Considerations (Section 7.0, below),
City has determined that this impact is acceptable because of specific overriding consideration!
FACTS IN SUPPORT OF FINDING: The proposed project is designed to prov
support services in close proximity o existing transit, in addition to locating a higher density
residential uses within walking distance to existing transit opportunities. As previously not.
implementation of the project would also have a fiscal benefit to the City of Carlsbad. See Stateml
of Overriding Considerations (Section 7.0, below).
5.2.3
23 Final EIRfor the Terri
at Sunny Creek Prc
a CEQA Findings L
Statement of Overriding Consideratic
e
6.0 FEASIBILITY OF PROJECT ALTERNATIVES
Alternatives to the project described in the EIR were analyzed and considered. T
alternatives discussed in the Final EIR constitute a reasonable range of alternatives necessary
permit a reasoned choice by the City of Carlsbad. Because the project will cause some unavoidal
significant cumulative environmental effects, as outlined above, the City must consider t
feasibility of any environmentally superior alternative to the project.
These findings compare and contrast the alternatives where appropriate in order to show tl
the selection of the project, while still resulting in some significant unavoidable cumulative impac
hiis substantial environmental, planning, fiscal and other benefits. In rejecting all of the alternativt
the decisionmakers have examined the project objectives and weighed the ability of the vario
alternatives to meet those objectives. The objectives considered by the decisionmakers are
follows: The project provides market-rate residential housing that is appropriate to the area, and tl
is both consistent with and complimentary to surrounding planned and existing development. T
project also would provide an affordable housing component consistent with the City's housi
policies.
A. No PROJECT ALTERNATIVE
The "No Project" Alternative would entail retaining the project in its existing vacl
condition. Under this alternative, the proposed single-family and multi-family resident
components, including 78 affordable housing units and associated infrastructure, would not 1
constructed. The College Boulevard Extension would not be built across El Camino Real and tl
maintained one-acre passive-use open space area and trail along Agua Hedionda Creek would n
occur. The property might be used for agricultural purposes.
The "NO Project'' Alternative would eliminate impacts to soils and geolog
hydrology, biological resources, land use, traffic, cultural and paleontological resources, nois
aesthetics, and police and fire protection and schools. It is the only alternative that would fully avc
the project's contribution to cumulative impacts associated with air quality. However, even und
this alternative, the City would still experience significant cumulative air quality impacts.
Because implementation of the "NO Project" Alternative would not meet t
objectives of the project, and because the alternative would likely just divert urban developme
from this site to another, and because the alternative would not provide any of the benefits associat.
with the project (see Section 7.0, below), the 'NO Project'' Alternative is not considered a feasib
or an acceptable alternative to the project.
In addition to the facts set forth above, the above findings are supported by the fa
provide a range of housing types to meet the demand for additional housing, including affordab
that the "No Project" Alternative would not: (i) create needed residential housing opportumties: (
24 Final EIR for the Terra1
at Sunny Creek Proj
0 CEQA Findings Q
Statement of Overriding Consideratic
0
housing needs within the City; or (iii) develop the project site as a cohesive residential communi1
In addition, the undeveloped property site is not providing any tangible benefits to the communi
at large (see Section 7.0, below). The project site is well-suited to the proposed development.
B. EXISTING DEVELOPMENT ALTERNATIVE
The project property is part of a previously approved final subdivision map, kno\
as the "Sycamore Creek Specific Plan." Under this alternative, the project would involve evenh
development of the subject property in substantial conformance with the approved final subdivisi.
map. This alternative would develop various portions of the property as professional/office spac
a hotel, a tennis club, a 175,000 square feet commercial project, an office professional complex, wi
seven separate buildings totaling 423,000 square feet, and an approximately 120-room hol
complex, with a 10,000 square feet clubhouse/restaurant and nine tennis courts.
Because this alternative would entail more intense land uses (offic
professionalhotel versus residential) overall, the environmental impacts would generally be great
than under the project. In addition, the alternative would not reduce visual quality impacts,
cumulative significant impacts to air quality and traffkkirculation.
This alternative does not meet the project's major objective, which is to Cree
economically viable residential land uses on the project site. On balance, this alternative also wou
associated with the project would not be fully realized (see Section 7.0, below). For these reason
this alternative is not considered a feasible or an acceptable alternative.
result in greater environmental impacts when compared to the project. In addition, the benef
C. OFF-SITE AFFORDABLE HOUSING PARCEL ALTERNATIVE
Under this alternative, the affordable housing units would occupy a 2.03-acre parc
adjacent to the proposed project's northwest comer. The area allotted under the present site plan f
affordable housing would be used instead for seven additional single-family residences, one with i
efficiency unit. All other aspects of the alternative would be identical the proposed project.
Environmentally, this alternative is comparable to the proposed project in terms
soils, hydrology, cultural resources, biological resources, land use, traffic, and utilities and pub1
services overall impacts. Slightly greater impacts to noise would occur. This alternative would n
reduce visual quality impacts, nor would it reduce cumulatively significant and unmitigable impac
to traffic and air quality, which would occur under any development proposal.
Weighed overall, this alternative is comparable to the proposed project fiom i
environmental standpoint. However, this alternative is considered infeasible and unacceptab
because the applicant does not own the land on which the affordable housing would be built und
this alternative. In addition, this alternative would result in slightly greater noise impacts.
25 Final EIR for the Terrac
at Sunny Creek Proj
0 CEQA Findings
Statement of Overriding Considerat
e
D. ALTERNATIVE SITE
The proposed alternative site is located on the southeast comer of the intersectior
It consists of 59 acres with an Unplanned Area land use designation and Limited Control zoni
The property is bounded by roadways on the north and east, and is surrounded by undevelo]
agricultural lands on the south and west. McClelland Palomar Airport lies immediately northt
of the property, and is surrounded by industrial land use designations.
Palomar Arport Road and El Camino Real, approximately one mile south of the propoged proj
Under alternative site analysis, fewer biological and landform impacts would
anticipated. In terms of impacts to hydrology, circulation, cultural and paleontological resourc
visual quality, and utilities and public services, the alternative site would be comparable to
project location. Greater impacts to land use and noise would occur if the project were implemen
on the alternative site. Air quality and traffic impacts would remain as significant cumulat
effects.
Weighed overall, the alternative site is comparable to the project location. 1
opportunities. However, the proximity of the airport and land use constraints would make
proposed project's residential development much more difficult to design and implement on
alternative site location. Because the applicant's development cost in relation to the anticipa
retum would be higher, units would not be sold at market value, which is an objective of the projc
This alternative is also infeasible because the applicant does not own the alternative site on wh
the project would be built. In addition, the alternative would result in greater land use and no
impacts.
7.0 STATEMENT OF OVERRIDING CONSIDERATIONS
alternative location would also provide comparable access to mass-transit and employm
The Final EIR identified and discussed the significant environmental effects that will oc
as a result of the proposed project. With implementation of the mitigation measures discussed in
Final EIR and these findings, all of these environmental effects can be mitigated to levels
insignificance except for unavoidable significant cumulative impacts on air quality and traffic.
The City has adopted all feasible mitigation measures with respect to significant cumulat
air quality and trafic impacts. Although in some instances these measures may substantially les
the identified significant impacts, adoption of the mitigation measures will not fully avoid ,
impacts.
The City has examined a reasonable range of alternatives to the project. Based on t
examination, the City has determined that none of these alternatives: (i) meet project objectives; s
(ii) is environmentally preferred to the project. As a result, to approve the project, the City m
adopt a "statement of overriding considerations" pursuant to CEQA Guidelines SS15043 and 150
26 Final EIR for the Terri
.at Sunny Creek Prc
a CEQA Findings i
Statement of Overriding Considerati
a
This statement allows a lead agency to cite the project's general economic, social or other benel
as a justification for choosing to allow occurrence of specified significant environmental effects tl
have not been avoided. The statement explains why, in the lead agency's judgment, the projec
benefits outweigh the unavoidable sigmficant effects.
The City finds that the project would have one or more of the following substantial soci
environmental, economic, planning and other significant benefits:
1. The project would provide residential land uses that are consistent with the
surrounding area. By providing both market rate and affordable residential
alternatives, the project would create housing that is adjacent to a mass-transit
corridor and within easy walking or commuting distance to areas of
employment.
The project protects the Agua Hedionda Creek wildlife corridor by
implementing a Corridor Management Plan.
The project extends College Boulevard between El Camino Real and the
Sunny Creek access roadway, provides frontage and median improvements
on El Camino Real along the length of the project and adds a right-turn lane
on El Camino Real to substantially lessen regional traffic impacts. These
regional improvements are advantageous to the community as a whole.
The project will have a positive fiscal benefit to the City of Carlsbad based
upon the market research incorporated into the record of the proceeding. For
example, the total current unimproved 40-acre proposed project area has a
taxable value of $3,850,700. When consuructed, the residential units would
have a total assessed value of $45,469,231 ($43,874,431 - single-
family/average value of $255,000 per unit; $2,594,80-multi-family/average
value of $51,900 per unit), and would be anticipated to provide annual
property tax revenues of $65,021 to the City of Carlsbad. Annual revenues
from sales tax would be expected to be approximately $33,708.
2.
3.
4.
On balance, then, the City finds that there are specific social, environmental, econom
planning and other considerations associated with the project that serve to override and outweigh t
project's unavoidable significant environmental effects and, thus, the adverse effects are consider
acceptable.
27 Final EIR for the Terrc;
at Sunny Creek Prg
0 e EXHlBll
CHAPTER D
MITIGATION MONITORING AND REPORTING PROGRAM
This document identifies mitigation measures which would reduce or eliminate potenti
environmental impacts of the proposed project. The City of Carlsbad is required to impleme
all adopted mitigation measures. To ensure compliance, the following Mitigation Monitorii
Program and checklist is provided. This program is to be adopted by the Lead and Responsik
agencies upon formulation of Findings, to comply with Assembly Bill 3180 (Public Resourc
Code Section 21080.6).
The Planning, Engineering, and Engineering Inspection Departments of the City of Carlsbad w
administer the Mitigation Monitoring Plan. Augmented by possible contract personnel, the
Departments are responsible for enforcement of City zoning regulations, which is provided (
a full-cost recovery basis by the City. Authorization to commence any on-site activity occu
only after concurrence of the respective City Departments.
Information contained within the following checklist identifies the mitigation measure, tl
conditions required to verify compliance, the department responsible for determining complianc
and the monitoring schedule. The City of Carlsbad determines which measures are applicab
to the specific discretionary actions identified in the monitoring schedule.
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0 0 EXH
PLANNING COMMISSION RESOLUTION NO. 4287
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROGRAM ENVIRONMENTAL
IMPACT REPORT, EIR 98-01 TERRACES AT SUNNY CREEK
AND RELATED APPLICATIONS, RECOMMENDING
APPROVAL OF A STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING
AND REPORTING PROGRAM ON PROPERTY GENERALLY
LOCATED NORTH OF THE INTERSECTION OF EL CAMINO
REAL AND COLLEGE BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 15.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO.: EIR 98-01
WHEREAS, CamAm Properties, LLC, “Developer”, has filed E
application for certain property, to wit:
A portion of Lot “B” of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, per Map
thereof No. 823, filed in the Office of the County Recorder of
said County, November 16,1896 and Lots 1-11 of CT 83-36 per
Map No. 11242 as recorded in the Office of the County
Recorder of the San Diego County Map 23,1985.
with the City of Carlsbad, which has been referred to the Planning Commission; and
WHEREAS, said application constitutes a request for approval of the ’
at Sunny Creek Project (“Project”) as is more fully described in the Final ’
Environmental Impact Report, EIR 98-01, dated January 1998, as provided in Char
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of June
17th day of June 1998, and the 1st day of July 1998, hold duly noticed public he
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered s
relating to the project; and
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e 0
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That the Final Program Environmental Impact Report consists of 1
Environmental Impact Report, EIR 98-01, dated October 1997, ap
written comments and responses to comments, as amended to in
comments and documents of those testifying at the public hearing and
thereto hereby found to be in good faith and reason by incorporating a c(
minutes of said public hearing into the report, all on file in the
Department incorporated by this reference, and collectively referred
“Report”.
That the Environmental Impact Report, EIR 98-01 as so amended and
is recommended for acceptance and certification as the final Envii
impact Report and that the final Environmental Impact Report as recom
adequate and provides reasonable information on the project and all r
and feasible alternatives thereto, including no project.
That based on the evidence presented at the public hearing, the Co
RECOMMENDS CERTIFICATION of Program Environmenta
Report, EIR 98-01; RECOMMENDS APPROVAL of the Candidate
of Fact (“CEQA Findings”), attached hereto marked Exhibit ‘
incorporated by this reference; RECOMMENDS APPROVAL
Statement of Overriding Considerations (“Statement”), attachec
marked Exhibit “B” and incorporated by this referenc
RECOMMENDS APPROVAL of the Mitigation Monitoring and €4
Program (“Program”), attached hereto marked Exhibit ‘‘(
the following conditions.
C)
D)
incorporated by this reference; based on the following findings and !
Findings:
1. The Planning Commission does hereby find that Final Program EIR 91
Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program
Statement of Overriding Considerations have been prepared in accordar
requirements of the California Environmental Quality Act, the State EIR Guide1
the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analj
considered Final Program EIR 98-01 , the environmental impacts therein iden
this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”
Statement of Overriding Considerations attached hereto as Exhibit “B”, the h.
PC RES0 NO. 4287 -2-
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0 0
Monitoring and Reporting Program (“Program”) attached hereto as Exhibit “C
RECOMMENDING APPROVAL of the project.
The Planning Commission finds that Final Program EIR 98-01 reflects the inc
judgment of the City of Carlsbad Planning Commission.
The Planning Commission does hereby RECOMMEND APPROVAL, acc
own, incorporate as if set forth in full herein, and make each and every one of thc
contained in the “Candidate Findings of Fact” (Exhibit “B”).
As is more fully identified and set forth in Final Program EIR 98-01 su
Candidate Findings of Fact, the Planning Commission hereby finds pursuant
Resources Code Section 2 108 1 and CEQA Guidelines Section 1509 1 that the x
measures described as feasible in the above referenced documents, are feasible
become binding upon the entity assigned thereby to implement same.
As is also noted in the above referenced environmental documents describe in
finding number 4, each of the alternatives to the project which were ide-
potentially feasible in Final Program EIR 98-01 are found not to be feasible s
could not meet both the objectives of the project and avoid the identified s
environmental effects through implementation of feasible mitigation measure!
reasons set forth in said Candidate Findings of Fact.
As required by the Public Resources Code Section 21081.6, the Planning Cor
hereby RECOMMENDS ADOPTION of the Mitigation Monitoring and I
Program (“Program”) (Exhibit “C”). The Planning Commission hereby find
Program is designed to ensure that during project implementation the Develope
other responsible parties implement the project components and comply with thi
mitigation measures identified in the Candidate Findings of Fact and the Progran
Changes or alterations have been required in or incorporated into the proje
mitigate or avoid each significant effect identified in the EIR .
Even after the adoption of all feasible mitigation measures and any feasible altt
certain significant or potentially significant environmental effects caused by thc
will remain. Therefore, the Planning Commission hereby recommends that
Council of the City of Carlsbad issue, pursuant to Section 15093 of thc
Guidelines, a Statement of Overriding Considerations set forth in ‘Exhi
which identifies the specific economic, social, and other considerations that rl
unavoidable significant adverse environmental effects acceptable.
The Record of Proceedings for this project consists of the following:
a. The Report, CEQA Findings, Statement and Program;
b. All reports, applications, memoranda, maps, letters and other planning dc
prepared by the planning, consultant, the project Applicant, the envirc
3.
4.
5.
6.
7.
8.’
9.
10.
PC RES0 NO. 4287 -3-
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consultant, and the City of Carlsbad that are before the decisionr
determined by the City Clerk;
All documents submitted by members of the public and public ag
connection with the EIR on the project;
Minutes of all public meetings and public hearings; and
Matters of common knowledge to the City of Carlsbad which they
including but not limited to, the Carlsbad General Plan, Carlsbac
Ordinance, and Local Facilities Management Plan, which may be foi
office of the City Clerk located at 1200 Carlsbad Village Drive
Community Development Office located at 2075 Las Palmas Drii
custody of the City Clerk and the Planning Director.
c.
d.
e.
Conditions:
1. The project shall implement the mitigation measures described in Exhi
Mitigation Monitoring and Reporting Program, for the mitigation meas)
monitoring programs applicable to development of the Terraces at Sun1
Project.
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PC RES0 NO. 4287 -4-
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0 a
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy a
Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
CARLSBAD ING COMMISSION
ATTEST:
MICHAEL J. HOL%ILLYR
Planning Director
PC RES0 NO. 4287 -5-
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PLANNING COMMISSION RESOLUTION NO. 4288
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL
HIGH DENSITY/COMMERCIAL/OFFICE (RH/C/O) TO
RESIDENTIAL MEDIUM DENSITY (RM) AND
RESIDENTIAL HIGH DENSITY (RH) ON PROPERTY
GENERALLY LOCATED EAST OF EL CAMINO REAL.
NORTH OF FARADAY AVENUE, AND SOUTH OF THE
FUTURE COLLEGE BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 15.
CASE NAME:
CASE NO: GPA 96-01
WHEREAS, CanAm Properties, LLC, “Developer”, has filed 2
application with the City of Carlsbad regarding property owned by CanAm Properti
“Owner”, described as
TERRACES AT SUNNY CREEK
A portion of Lot “B” of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, per Map
thereof No. 823, filed in the Office of the County Recorder of
Said County November 16,1894, and Lots 1 through 10 of CT
83-36 per Map No. 11242 as recorded in the Office of the
County Recorder of San Diego County, May 23,1985.
(“the Property“): and
WHEREAS. said verified application constitutes a request for a Gen
Amendment as shown 011 Exhibit(s) “GPA 96-01”, attached, TERRACE§ AT
CREEK, GPA 96-01 as provided in Section 21.52.160 Government Code Section 65.3f
seq. of the Carlsbad Municipal Code; and
WHEREAS. the Planning Commission did, on the 3rd day of June 19
day of June 1998, and the 1st day of July 1998, hold a duly noticed public hearing as p
by law to consider said request:
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WHEREAS, at said public hearing, upon hearing and considering all 1
and arguments, if any, of all persons desiring to be heard, said Commission considered i
relating to the General Plan Amendment.
NOW. THEREFORE. BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad. as follows:
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Co
RECOMMENDS APPROVAL of TERRACES OF SUNNY CREE‘
96-01. Staff is authorized and directed to make, or require Developer tc
necessary corrections and modifications to the General Plan Am
document(s) necessary to make them internally consistent and in confor
final action on the project, based on the following findings:
Findings:
1. The Planning Commission finds that the project, as conditioned hereiI
amendment to the General Plan Land Use Designations as shown on Exhibit GI
is in conformance with the Elements of the City’s General Plan, based on the foll
a. Land Use Element
1) Goal A.l (Land Use Goals) “A City which preserves and enh:
environment, character and image of itself as a desirable res
beach and open space oriented community.” The proposed
will not obstruct open space views from El Camino Real anc
designed to take advantage of views into open space to the ea
site.
Goal A.1 (Growth Management and Public Facilities Goals)
which ensures the timely provision of adequate public facil
services to preserve the quality of life of residents.” Tht
includes provisions which ensure that all necessary public
will be available concurrent with demand. The project 1
developed to be consistent with and implement the Zone I
2)
Facilities Management Plan.
b. Housing Element
1) Goal 2 (Quantity and Diversity of Housing Stock) “New
development with a diversity of types, prices, tenures, dens
PC RES0 NO. 4288 -2-
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locations ...” The project includes both multiple family atta
single family detached housing types at densities ranging
du/ac to 22.9 du/ac.
Policy 3.6.a (Inclusionary) “A minimum of fifteen percent of
tent with this policy, this project wiIl provide 31% of its units
affordable units.
2) approved shall be affordable to lower income households,” C
C. Circulation Element
1) Objective B.l (Streets and Traffic Controls) “To provide an
circulation infrastructure concurrent with or prior to tl
demand for such facilities.” This project is conditioned to COI
fair share of circulation infrastructure as described in the
LFMP.
2) Policy C.1 (Streets and Traffic Controls) “To reqL
development to comply with the adopted Growth Mar
performance standards for circulation facilities.” A trans]
compliance with Growth Management performance standard
Policy C.4 (Alternative Modes of Transportation) - “Lin
sidewalks to the network of public and private trails systen
project provides a linkage for public sidewalks and
surrounding development.
analysis has been prepared for the project which shows the
3)
2. That the project will provide sufficient additional public facilities for the d
excess of the control point to ensure that the adequacy of the City’s public faci
will not be adversely impacted, in that the Zone 15 LFMP has been amended
the land uses proposed by CT 96-02 and the revisions ensure adequate prc
public facilities prior to or concurrent with need for all development of th
area.
3 t That there have been sufficient developments approved in the quadrant at densit
the control point to offset the units in the project above the control point so that
will not result in exceeding the quadrant limit.
That all necessary public facilities required by the Growth Management Ordin
be constructed or are guaranteed to be constructed concurrently with the need
created by this project and in compliance with adopted City standards, in that
15 LFMP (as amended) contains a phasing plan as well as a facility financ
to ensure the coordination of development with the provision of necessai
facilities and services.
4.
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Conditions:
1. Approval of GPA 96-01 is granted subject to the approval of EIR 98-01. ZC 9
SUP 96-02, and SUP 96-03. GPA 96-01 is subject to all conditions con
Planning Commission Resolution No. 4287 for the EIR.
190(B), LFMP 87-15@), CT 96-02, SDP 97-02, PUD 96-02, HDP 96-02, SE
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy a
Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
-2 ,/r >. ! ,
P (,I 45- pt 0 >,-\ L?--+b~ -3 h jf7--*, c, *{* 19 P * , =-e
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
t
MICHAEL J. HO~MIL~~R
Planning Director
PC RES0 NO. 4288 -4-
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EXISTING
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PROPOSED
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TERRACES AT SUNNY CREEK
GPA 96-01
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PLANNING COMMISSION RESOLUTION NO. 4289
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
TO RDM ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF EL
CAMINO REAL AND COLLEGE BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 15.
CASE NAME:
APPROVAL OF A ZONE CHANGE FROM L-C, C-2 AND 0
TERRACES AT SUNNY CREEK
CASE NO: ZC 96-01
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Properti
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City
Carlsbad, County of San Diego, State of California, per Map the1
No. 823, filed in the Office of the County Recorder of said COUI
November 16,1896, and Lots 1 thru 10 of CT 83-36 per Map No. 11
as recorded in the Office of the County Recorder of San Diego Cou
May 23,1985.
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as
Exhibits “ZC 96-01” and Exhibit “X” attached hereto and incorporated by this I
TERRACES AT SUNNY CREEK - ZC 96-01, as provided by Chapter 21.52 of the
Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of June 1998,
day of June 1998, and the 1st day of July 1998, hold a duly noticed public hearing as F
by law to consider said request; and
WHEREAS. at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Zone Change; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Co
RECOMMENDS APPROVAL of TERRACES AT SUNNY CREEK
01 as set forth in draft City Council Exhibit “X” attached hereto -
the following findings and subject to the following conditions:
Findings:
1. That the proposed Zone Change from the designations shown on “ZC ‘
consistent with the goals and policies of the General Plan, in that rezoning
to the designations proposed will:
a. provide for the development for a variety of land uses which h
carefully planned to maximize Uhe best use of the site, and contribu
economic viability of the city in compliance with Goal A.3 of the L
Element;
provide new housing with a diversity of types and prices in that thr
includes both multiple family attached and single family detached
types at densities ranging from 4.5 du/ac to 22.9 du/ac. in compliancc
Goal 2 of the Housing Element;
provide a minimum of fifteen percent of all units approved as affoi
lower income households as this project will provide 31% of its
affordable units in compliance with Policy 3.6.a of the Housing Elemt
provide an adequate circulation infrastructure concurrent with or
the actual demand for such facilities as this project is conditioned to t
consistent with Objective B.1 and Policy C.l of the Circulation Elemt
That the Zone Change will provide consistency between the General I!
Zoning as mandated by California State law and the City of Carlsbad Gent
Land Use Element, in that the zoning designations shown on Exhibit “Z(
implement the General Plan designations shown on Exhibit “GPA 96-01”
The uses allowed by the proposed zone change are compatible with surr
land uses in that: the residential uses are buffered by open space and cir
element roadways from the adjacent C-M and C-2 zoned properties.
b.
c.
d.
its fair share of circulation infrastructure as described in the Zone 1
2.
3.
PC RES0 NO. 4289 -2-
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Conditions:
1. Approval of ZC 96-01 is granted subject to the approval of EIR 98-01, GPA
190(B), LFMP 87-15(B), CT 96-02, SDP 97-02, PUD 96-02, HDP 96-02, S1
SUP 96-02, AND SUP 96-03.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convc
“fees/exactions.”
You have 90 days from date of final City Council approval to protest impositioi
feedexactions. If you protest them, you must follow the protest procedure sei
Government Code Section 66020(a), and file the protest and any other required inform
the City Manager for processing in accordance with Carlsbad Municipal Code Section
Failure to timely follow that procedure will bar any subsequent legal action to attack, r
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that YOLK right to protest the specified fees,
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feesiexactions of which you have previously b
a NOTICE similar to this. or as to which the statute of limitations has previously
expired.
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q PC RES0 NO. 4289 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, held on the 1st day of July 1998, by the followir
wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy
and Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
/,,% 1 ", Q ---y-\ &+a &:-. ) wQ+ # --
BAILEY NOB@, Chairperson
CAKSBAD PLANNING COMMISSION
ATTEST: .
Planning Director
PC RES0 NO. 4289 -4-
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EXISTING
PROPOSED
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TERRACES AT SUNNY CREEK
ZC 96-01
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PLANNING COMMISSION RESOLUTION NO. 4290
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 190(B)
TO DELETE THE SPECIFIC PLAN ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST AND
NORTHWEST CORNERS OF THE INTERSECTION OF EL
CAMINO REAL AND COLLEGE BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 1 5.
CASE NAME:
CASE NO.: SP 190(B)
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Properti
TERRACES AT SUNNY CREEK
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City ol
Carlsbad, County of San Diego, State of California, per Map thereol
No. 823, filed in the Office of the County Recorder of said county
November 16, 1896, and Lots 11 of CT 83-36 per Map No. 11242 a:
recorded in the Office of the County Recorder of San Diego County
May 23,1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Spec
Amendment, on file in the Carlsbad Planning Department, TERRACES AT SUNNY (
SP 190(B), as provided by SP 190 and Government Code Section 65.453 and Chapter
Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on the 3rd day of June
17th day of June 1998, and the 1st day of July 1998, hold a duly noticed public h
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all 1
, and arguments, if any; of all persons desiring to be heard, said Commission considered i
relating to the Specific Plan Amendment; and
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WHEREAS, on May 1, 1984 , the City Council approved SP190. as
and conditioned in Planning Commission Resolution No. 2269 and City Council F
Ordinance No 9717.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Co
RECOMMENDS APPROVAL of TERRACES AT SUNNY CRE!
190(B) - repealing the Specific Plan based on the following findings ai
to the following conditions:
Findincs:
1. The 39.9 acre site will be regulated by the requirements of the RDM Zon
intended to be developed with residential development as a part of the Tei
Sunny Creek Project.
2. The proposed amendment has been analyzed for environmental impacts in E
for the Terraces at Sunny Creek project.
3. The proposed development as described by the Specific Plan (SP190(B)) is consii
the provisions of the General Plan.
4. The proposed plan would not be detrimental to the public interest, health, safety. cor
or welfare of the City, as the General Plan and Zoning proposed will ensure that
discretionary safeguards are in place.
5. All necessary public facilities can be provided concurrent with need and adequate p
have been provided to implement those portions of the capital improvement
applicable to the subject property.
6. The residential and open space portions of the community will constitute an envirc
sustained desirability and stability, and that it will be in harmony with or provide cc
variety to the character of the surrounding area, and that the sites proposed fc
facilities, such as schools, playgrounds and parks, are adequate to serve the ar
population and appear acceptable to the public authorities having jurisdiction thereof
7. The streets and thoroughfares proposed are suitable and adequate to carry the a
traffic thereon.
PC RES0 NO. 4290 -2-
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8. Any proposed commercial development can be justified economically at the
proposed and will provide adequate commercial facilities of the types needed at sucl
proposed.
9. The area surrounding the development can be planned and zoned in coordin;
substantial compatibility with the development.
10. Appropriate measures are proposed to mitigate any adverse environmental impact a
the adopted environmental impact report or negative declaration for the project.
1 1. The proposed plan will contribute to the balance of land use so that local residents r
and shop in the community in which they live.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Specific Plan document(s) necessary to make them
consistent and in conformity with final action on the project. Any proposed dew
different from this approval, shall require an amendment to this approval.
Approval of SP 190(B) is granted subject to the approval of EIR 98-01, GPA 9
SUP 96-02, and SUP 96-03.
2.
96-01, LFMP 87-15(B), CT 96-02, SDP 97-02, PUD 96-02, HDP 96-02, SI
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-3 - PC RES0 NO. 4290
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy a
Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
- ’-6 #7 ’sr: .k{.’ Py 4:” --%& Wq43 b
BAILEY Nos&, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
t
MICHAEL J. HOTZMILYER
Planning Director
PC RES0 NO. 4290 -4-
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PLANNING COMMISSION RESOLUTION NO. 4291
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LOCAL
FACILITIES MANAGEMENT PLAN FOR ZONE 15 ON
PROPERTY GENERALLYLOCATEDEASTOFELCAMINO
REAL, NORTH OF FARADAY AVENUE, AND SOUTH OF
THE FUTURE COLLEGE BOULEVARD.
CASE NAME: ZONE 15
CASE NO: LFMP 87-15(B)
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad, regarding property owned by CanAm Properti
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City ol
Carlsbad, County of San Diego, State of California, per Map thereoj
No. 823, filed in the Office of the County Recorder of said county
November 16,1896, and Lots 1 thru 10 of CT 83-36 per Map No. 11242
as recorded in the Office of the County Recorder of San Diego CountJ
May 23,1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local
Management Plan Amendment as shown on Exhibit(s) “Local Facilities Managen
Amendment Zone 15” dated June 10, 1998, on file in the Planning Department, TE
AT SUNNY CREEK - LFMP 87-15(B) as provided by Chapter 21.90 of the
Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of June
17th day of June 1998, and the 1st day of July 1998, hold duly noticed public 1
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the Local Facilities Management Plan Amendment for Zone 15.
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WHEREAS, on April 10, 1990, the City Council by its Resolution N(
approved, LFMP 87-15, [original adoption] as described and conditioned in
Commission Resolution No. 2972.
WHEREAS, it is necessary and desirable to amend the Local
Management Plan for Zone 15.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A)
B)
That the above recitations are true and correct
That based on the evidence presented at the public hearing, the Co
RECOMMENDS APPROVAL of TERRACES AT SUNNY CREEK
87-15(B), based on the following findings and subject to the following co
Findings:
1. That the proposed Local Facilities Management Plan for Zone 15 is consistent
Land Use Element, and the other Elements contained in the General Plan, in
project is consistent with Growth Management Policies C.l, C.2 and C.3 of 1
Use Element of the General Plan:
a. adequate provision has been made for the provision of public
concurrent with need;
all public facilities performance standards will be complied with, and
funding for all necessary public facilities and services will be gu:
prior to any development approvals, grading or building permits.
' b.
c.
2. That the Local Facilities Management Plan for Zone 15 is consistent with Chap
of the Carlsbad Municipal Code (Growth Management) and with the Citywide
and Improvement Plan, in that this Facility Plan has been amended consist
Section 21.90.110, and all facility and service impacts (demands) associated
proposed land use changes effected by the companion approval of the discr
permits for Terraces at Sunny Creek have been analyzed and adequate fad
services to those changes have been incorporated into the project or condit
be implemented.
3. That the Local Facilities Management Plan for Zone 15 and the conditions c
therein will promote the public safety and welfare by ensuring that public facil
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be provided in conformance with the adopted performance standards and will be
prior to development occurring, in that all public facilities and services req
the development of Terraces at Sunny Creek, processed in association 3
LFMP amendment, are either already in place or will be provided
conditions of approval placed on the future tentative maps ,or site developm
for the site.
The Local Facilities Management Plan for Zone 15 will control the timing and
of growth by linking the pace of development to the provision of public faci
improvements, in that the Zone 15 LFMP contains a phasing plan as well as
financing plan to ensure the coordination of development with the pro
necessary public facilities and services.
The Local Facilities Management Plan for Zone 15 will ensure public facil
services are available in conformance with the adopted performance s
prior to development occurring as it links the rate of development to the p
of necessary public facilities and services.
4.
5.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Local Facilities Management Plan Amendment doc
necessary to make them internally consistent and in conformity with final actic
project.
Approval of LFMP 87-15(B) is granted subject to the approval of EIR 98-01,
SUP 96-02, SUP 96-03. LFMP 87-15(B) is subject to all conditions con
Planning Commission Resolution No. 4287 for the EIR.
2.
01, ZC 96-01 SP 190(B), CT 96-02, PUD 96-02, HDP 96-02, SDP 97-02, SI
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions”
You have 90 days from date of final City Council approval to protest imposition
fees/exactions. If you protest them, you must follow the protest procedure set
Government Code Section 66020(a), and file the protest and any other required informe
the City Manager for processing in accordance with Carlsbad Municipal Code Section.
Failure to timely follow that procedure will bar any subsequent legal action to attack, re
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/(
DOES NOT APPLY: to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
PC RES0 NO. 4291 -3-
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project; NOR DOES IT APPLY'to any feedexactions of which you have previously b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 19J
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy
and Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
m e..4L4. "?,? c & i&!/ +z
BAILEY NOBGk, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
MICHAEL J. HMZMIKER
Planning Director
PC IRESO NO. 4291 -4-
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PLANNING COMMISSION RESOLUTION NO. 4232
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 39.9 ACRES INTO 174 LOTS ON PROPERTY
GENERALLYLOCATEDATTHENORTHEASTCORNEROF
EL CAMINO REAL AND FUTURE COLLEGE BOULEVARD
IN LOCAL FACILITIES MANAGEMENT ZONE 15
CASE NAME:
APPROVAL OF CARLSBAD TRACT NUMBER CT 96-02 TO
TERRACES AT SUNNY CREEK
CASE NO.: CT 96-02
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a verified a]
with the City of Carlsbad regarding property owned by CanAm Properties, LLC,
described as
A portion of Lot B of Rancho Agua Hedionda, in the City sf
Carlsbad, County of San Diego, State of California, per Map
thereof No. 823, filed in the Office of the County Recorder of said
county, November 16, 1896, and Lots 1-10 of CT 83-36 per Map
No. 11242 as recorded in the Office of the County Recorder of San
Diego County May 23,1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat
Map as shown on Exhibit(s) “A”-“FFF” dated May 20, 1998, on file in the
Department TERRACES AT SUNNY CREEK - CT 96-02, as provided by Chapter
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of June 1
17th day of June 1998, and the 1st day of July 1998, hold a duly noticed public h
prescribed by law to consider said request; and
-
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of persons desiring to be heard, said Commission considered a
relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Co
RECOMMENDS APPROVAL of TERRACES AT SUNNY CREEK
02 based on the following findings and subject to the following conditioi
FindinPs:
1. That the proposed map and the proposed design and improvement of the subd
conditioned, is consistent with and satisfies all requirements of the General
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in
project is proposing densities within the General Plan Density Ranges (as
concurrently herewith); prior to the recordation of any final map or the is!
any permits within Zone 15, the applicant for the final map or permit sha
evidence to the City that impacts to school facilities have been miti
conformance with the City’s Growth Managmenent Plan ( as amended con1
herewith) to the extent permitted by applicable state law for legislative a1
the mitigation of onsite surface runoff so as not to affect on and offsite do\
properties is required; major offsite sewer line construction is required;
recordation of the final map an affordable housing agreement must be entc
which provides for and deed restricts dwelling units as affordable to lowe
households for the useful life of the dwelling units; prior to occup;
construction of noise walls to meet the standards contained within the Genc
is required; payment of park in lieu fees is required; and all densities, I
parking, recreational space, streets and storage meet the minimum standar
Planned Development Ordinance.
That the proposed project is compatible with the surrounding future land u
surrounding properties are designated for circulation element roadway, opt
and residential development on the General Plan.
That the site is physically suitable for the type and density of the development
site is adequate in size and shape to accommodate residential development at th
proposed, in that the residential development complies with all city poli
standards, including zoning, without the need for variances from dew
standards.
That the design of the subdivision or the type of improvements will not con
easements of record or easements established by court judgment, or acquire
public at large, for access through or use of property within the proposed subdi
2.
3.
4.
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that the project has been designed and conditioned such that there are no
with any established easements.
That the property is not subject to a contract entered into pursuant to t 5. Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future p
natural heating or cooling opportunities in the subdivision, in that the lots all(
variety of building placement alternatives, including the adequate placem
separation of the homes, in combination with the future variety of floor pl
the dominant sea breezeholar radiation patterns, will allow utilization of
heating and cooling opportunities.
That the Planning Commission has considered, in connection with the housing 1
by this subdivision, the housing needs of the region, and balanced those housi
against the public service needs of the City and available fiscal and envirc
resources.
That the design of the subdivision and improvements are not likely to cause su
7.
8.
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that all feasible mitigation measures or project alternatives ic
within the Final EIR 98-01 and MEIR 93-01 which are appropriate to this
have been incorporated into the project and no significant impacts to fish,
or their respective habitats will occur.
That the discharge of waste from the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the c
requirements of the Terraces at Sunny Creek project and City of C
ordinances have been considered and appropriate drainage facilities ha7
designed and secured. In addition to City Engineering Standards and con
with the City's Master Drainage Plan, National Pollution Discharge Elin
System (NPDES) standards will be satisfied to prevent any discharge violatio
9.
10. The Planning Commission finds that the project, as conditioned herein for C
(Terraces at Sunny Creek), is in conformance with the Elements of the City's
Plan, based on the following:
a.
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Land Use - The General Plan Land Use designation for this site is 1
RH which allows a density range of 4-8 dwelling units per net dew
acre with a Growth Management Control Point of 6 dwelling units
developable acre and 15-23 dwelling units per acre which allows a 1
Management Control Point of 19 dwelling units per acre. Typically
land use designation is appropriate for single family or multi family c
units and the RH land use designation is appropriate for multi
dwelling units. In conformance with this finding, Terraces at Sunny q
proposing single family and multi family dwelling units.
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b. Circulation - The public street system serving this subdivision inc
Camino Real and College Boulevard (Circulation Element Arterials]
project has been conditioned to provide the necessary improvemenl
arterial. The Circulation Element of the General Plan does not
private streets, nor provide direction for minimum street design SI
for these improvements.
Noise - Prior to the issuance of building permits for this project and
delayed architectural review process, the developer is required to co
noise study which will indicate the extent of the constructic
combination of community theme walls and landscaped berms to a
interior noise levels of the future homes to 45 dBA CNEL.
Housing - Prior to the approval of the final map the developer m
entered into an Affordable Housing Agreement which mt
requirements set forth in Chapter 21.85 of the Carlsbad Municipal C
Open Space and Conservation - The Local Facilities Management
Zone 15 indicates that the Open Space standard has been attained.
Public Safety - The project is conditioned to pay Public Facilities Fc
proposed project is required to provide streets, sidewalks, street lig
fire hydrants, as conditions of approval.
Parks and Recreation - Terraces at Sunny Creek is conditioned to pay
lieu fees.
c.
noise to mitigate exterior noise to the 60 dBA CNEL level and to
d.
e.
f.
g.
11. The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan, and all City public facility pol;
ordinances since:
a. The project has been conditioned to ensure that the final map will not be i
unless the City Council finds that sewer service is available to serve thr
In addition, the project is conditioned such that a note shall be placed on
map that building permits may not be issued for the project unless thc
Engineer determines that sewer service is available, and building cam
- within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Eleme
General Plan have been met insofar as they apply to sewer service for this
The project is conditioned that prior to the recordation of a final I
applicant shall submit evidence to the City that impacts to school
have been mitigated in conformance with the City’s Growth Man,
applicable state law for legislative approvals.
Park-in-lieu fees are required as a condition of approval.
b.
Plan, (as amended concurrently herewith) to the extent permi
c.
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d. All necessary public improvements have been provided or are req
conditions of approval.
The developer has agreed and is required by the inclusion of an ap
condition to pay a public facilities fee. Performance of that contract and
concurrent with need as required by the General Plan.
e.
of the fee will enable this body to find that public facilities will be
12. The project has been conditioned to pay any increase in public facility fee.
requirements established by a Local Facilities Management Plan prepared pu
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail,
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as p
Local Facilities Management Plan for Zone 15.
That the project is consistent with the City’s Landscape Manual, adopted by Citi
Resolution No. 90-384.
The Planning Commission of the City of Carlsbad has reviewed, analy;
considered Final EIR 98-01, the environmental impacts therein identified
project; the Candidate Findings of Fact and the Statement of Overriding Consid
and the Mitigation Monitoring and Reporting Program, prior to RECOMME
APPROVAL of the project.
The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case, that the t
are imposed to mitigate impacts cause by or reasonably related to the project,
extent and the degree of the exaction is in rough proportionality to the impact ci
the project.
construction tax, or development fees, and has agreed to abide by any a
13.
14.
15.
16.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Tentative Map document(s), necessary to make them ii
consistent and in conformity with final action on the project. Development sh;
substantially as shown in the approved Exhibits. Any proposed development
from this approval, shall require an amendment to this approval. The filing of 1
map shall constitute legal merging of the separate parcels into one parcel
parcel boundaries on the assessment roll.
The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
Unless specifically stated in the condition, all of the following conditions, L
approval of this proposed major subdivision, must be met prior to approval o
resubdivision of such parcel, and the real property shall be shown with 1
2.
3.
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map.
The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, a$
representatives, from and against any and all liabilities, losses, damages, demanc
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this Tentative Map, (
approval or issuance of any permit or action, whether discretionary or non-disc
in connection with the use contemplated herein, and (c) Developer/Operator’s in
and operation of the facility permitted hereby, including without limitation, ax,
liabilities arising from the emission by the facility of electromagnetic fields
energy waves or emissions.
The Developer shall provide the City with a reproducible 24” x 36”, mylar co
Tentative Map as approved by the final decision making body. The Tental
shall reflect the conditions of approval by the City. The Map copy shall be sub
the City Engineer and approved prior to building, grading, final map, or imp
plan submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dev
Permit and signed approved site plan.
The final map shall not be approved unless the City Council finds as of the timc
approval that sewer service is available to serve the subdivision.
Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available at the time of ap
for such sewer permits and will continue to be available until time of occupancy
to this effect shall be placed on the final map.
The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any devl
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h
and-Improvement Plan and to fulfill the subdivider’s agreement to pay th
facilities fee dated February 26,1996, a copy of which is on file with the City C
is incorporated by this reference. If the fees are not paid, this application wi
consistent with the General Plan and approval for this project will be void.
Prior to approval of a final map or the issuance/approval of a building permit, wl
occurs first, the Developer shall submit evidence to the Planning Director that ir
school facilities have been mitigated in conformance with the City’s
Management Plan to the extent permitted by applicable state law. If the 11
involves a financing scheme such as a Mello-Roos Community Facilities Distri
4.
5.
6.
reduced legible version of the approving resolutions on a 24” x 36” blueline
7.
8.
9.
Code or other ordinance adopted to implement a growth management system or
10.
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is inconsistent with the City’s Growth Management Plan, including City Counc
Statement No. 38, the Developer shall disclose to future owners in the projel
maximum extent possible, the existence of the tax and that the school district is t
agency responsible for the financing district.
This project shall comply with all conditions and mitigation measures which are
as part of the Zone 15 Local Facilities Management Plan and any amendment:
that Plan prior to the issuance of building permits.
The Developer shall provide bus stops to service this development at locations
reasonable facilities to the satisfaction of the North County Transit District
Planning Director. Said facilities, if required, shall at a minimum include a be
from advertising, and a pole for the bus stop sign. The bench and pole shall be
to enhance or consistent with basic architectural theme of the project.
The Developer shall display a current Zoning and Land Use Map in the sales of
1 1.
12.
13.
times, or suitable alternative to the satisfaction of the Planning Director.
14. All sales maps that are distributed or made available to the public shall include k
limited to trails, future and existing schools, parks and streets.
15. The maintenance of all slopes, front yards, and common areas shall
responsibility of the Homeowner” Association and shall be so stated wi
CC&Rs governing that association.
Additional active common recreational facilities shall be provided at
woodland open space lot, at the terminus of “C” Street, and at the terminu
Street, to the satisfaction of the Planning Director.
A pedestrian access between the project and College Boulevard shall be I
adjacent to Lot No. 33, to the satisfaction of the Planning Director.
16.
17.
En gin eerin E:
18. Prior to issuance of any building permit, the developer shall comply 1
requirements of the City’s anti-graffiti program for wall treatments if and whe
progmm is formerly established by the City.
This project is approved for up to twelve final subdivision maps for the pur
recordation.
If the developer chooses to record a final subdivision map out of the phase shou
tentative map, the new phasing must be reviewed and approved or conditionally i
by the City Engineer and Planning Director.
Unless specifically stated in the condition, all of the following engineering co
upon the approval of this proposed major subdivision must be met prior to a
19.
20.
21.
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of a final map.
The developer shall provide an acceptable means for maintaining the private e:
within the subdivision and all the private: streets, sidewalks, street lights, st0
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties w
subdivision. Adequate provision for such maintenance shall be included with the
subject to the approval of the City Engineer.
All concrete terrace drains shall be maintained by the homeowner's associatic
commonly owned property) or the individual property owner (if on an ind
owned lot). An appropriately worded statement clearly identifying the respc
22.
. 23.
shall be placed in the CC&Rs (if maintained by the Association) and on the Final
24. The developer shall defend, indemnify and hold harmless the City and its agents,
and employees from any claim, action or proceeding against the City or it:
officers, or employees to attack, set aside, void or null an approval of the (
Planning Commission or City Engineer which has been brought against the Cit
the time period provided for by Section 66499.37 of the Subdivision Map Act.
Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regards to the hauling operation
Rain gutters must be provided to convey roof drainage to an approved drainage c
street to the satisfaction of the City Engineer.
The developer shall provide for sight distance corridors at all street intersec
accordance with Engineering Standards and shall record the following statemer
Final Map (and in the CURS).
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches at
street level may be placed or permitted to encroach within the area identified a:
distance corridor in accordance with City Standard Public Street-Design Criteria,
8.B.3. The underlying property owner shall maintain this condition."
25.
26.
27.
28.
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PeedAnreements:
29. Prior to issuance of a building permit for any buildable lot within the subdivi:
property owner shall pay a one-time special development tax in accordance M
Council Resolution No. 9 1-3 9.
The developer shall pay all current fees and deposits required.
The owner of the subject property shall execute an agreement holding the City 1
regarding drainage across the adjacent property.
30.
31.
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32.
33.
The owner shall execute a hold harmless agreement for geologic failure.
Prior to approval of any grading or building permits for this project, the owner SI
written consent to the annexation of the area shown within the boundarie:
subdivision plan into the existing City of Carlsbad Street Lighting and Lanc
District No. 1 on a form provided by the City.
34. Prior to the issuance of building permits for Lots No 76-79,134-137 and 161-171
disclosure shall be placed on the deed to these properties, subject to the satisfactic
Planning Director and City Attorney, notifying all interested parties and SUCCE
interest that soils and geologic conditions existed on such property which
removal, replacement and recompaction of topsoil and subsoil materials as spei
geotechnical and souls reports submitted for this project, and that these geotechr
soils reports and other project details are on file with the City of Carlsbad Eng
Department.
Grading:
35. Based upon a review of the proposed grading and the grading quantities show
tentative map, a grading permit for this project appears to be required. The dt
must submit and receive approval for grading plans in accordance with City co
standards prior to issuance of a building permit for the project.
Prior to the issuance of a grading permit or building permit, whichever occurs 1
developer shall submit proof that a Notice of Intention has been submitted to t
Water Resources Control Board.
Upon completion of grading, the developer shall ensure that an "as-graded" geolo
is submitted to the City Engineer. The plan shall clearly show all the geology as t
by the grading operation, all geologic corrective measures as actually construc
must be based on a contour map which represents both the pre and post site gradin
plan shall be signed by both the soils engineer and the engineering geologist. 1
shall be prepared on a 24" x 36" mylar or similar drafting film and shall be
permanent record.
No grading for private improvements shall occur outside the limits of the PI?
unless a grading or slope easement or agreement is obtained from the owner:
affected properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develor
either amend the SITE PLAN or modify the plans so grading will not occur out:
project site in a manner which substantially conforms to the approved SITE PI
determined by the City Engineer and Planning Director.
36.
37.
38.
Dedications/Improvements:
39. The developer shall install or agree to install and secure with appropriate sec
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provided by law desiltatioddetentiodurban pollutant basin(s) of a type and a si
location(s) as approved by the City Engineer. The developer shall enter intc
maintenance agreement and submit a maintenance bond satisfactory to the City
prior to the approval of grading, building permit or final map whichever occur:
this project. Each basin shall be serviced by an all-weather access/maintenance r
40. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be rec
the City Engineer.
The owner shall make an offer of dedication to the City for all public sti
easements required by these conditions or shown on the tentative map. The offe
made by a certificate on the final map for this project. All land so offered
granted to the City free and clear of all liens and encumbrances and without c(
City. Streets that are already public are not required to be rededicated.
a)
41.
El Camino Real shall be dedicated by the owner along the project front;
on a center line to right-of-way width of 63 feet and in conformance wit
Carlsbad Standards.
b) College Boulevard shall be dedicated by the owner along the project fi
full width based on a right-of-way width of 102 feet and in conforma
City of Carlsbad Standards.
42. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stanc
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the tentative map and the following improveme,
a) El Camino Real along the project frontage including appropriate transitic
b) College Boulevard graded and improved to full.
Prior to issuance of building permits, the developer shall underground all
overhead utilities within the subdivision boundary.
Direct access rights for all lots abutting El Camino Real and College Boulevarc
waived on the final map.
Subject to the satisfaction of the City Engineer, the drainage system
designed to ensure that runoff under developed conditions, does not adversc
the peak existing flooding conditions downstream.
The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro'
management practices as referenced in the "California Storm Water Best Ma
Practices Handbook" to reduce surface pollutants to an acceptable level prior to (
43.
44.
45.
46.
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to sens;t;ve areas. Plans for such improvements shall be approved by the City I
Said plans shall include but not be limited to notifying prospective owners and t
the following:
a) All owners and tenants shall coordinate efforts to establish or wc
established disposal programs to remove and properly dispose of tl
hazardous waste products;
b) Toxic chemicals or hydrocarbon compounds such as gasoline, rn
antifreeze, solvents, paints, paint thinners, wood preservatives, and 01
fluids shall not be discharged into any street, public or private, or into sto
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments sl
Federal, State, County and City requirements as prescribed in their r( containers; and
c) Best Management Practices shall be used to eliminate or reduce surface F
when planning any changes to the landscaping and surface improvements
A list of the above improvements shall be placed on an additional map sheet on
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Imprc
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
The design of all private streets and drainage systems shall be approved by
Engineer. The structural section of all private streets shall conform to City of 1
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fees
paid prior to approval of the final map for this project.
Drainage outfall end treatments for any drainage outlets where a direct access
maintenance purposes is not provided, shall be designed and incorporated
gradinghmprovement plans for the project. These end treatments shall be desigi
to prevent vegetation growth from obstructing the pipe outfall. Designs could co.
modified outlet headwall consisting of an extended concrete spillway sect
longitudinal curbing and/or radially designed rip-rap, or other means deemed apF
as ainethod of preventing vegetation growth directly in front of the pipe outlt
satisfaction of the Community Services Director and the City Engineer.
47.
48.
49.
Final MaD Notes:
50. Notes to the following effects shall be placed on the final map as non-mapping da
a) This subdivision contains a remainder parcel. No building permit shall t for the remainder parcel until it is further subdivided pursuant to the prov
Title 20 of the Carlsbad Municipal Code.
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b) Geotechnical Caution:
9 Slopes steeper than two parts horizontal to one part vertical exii
the boundaries of this subdivision; AND
The owner of this property on behalf of itself and all of its succ ii> interest has agreed to hold harmless and indemnify the City of
from any action that may arise through any geological failure.
water seepage or land subsidence and subsequent damage that m
on, or adjacent to, this subdivision due to its construction, ope1
maintenance.
c) No structure, fence, wall, tree, shrub, sign, or other object over 30 inchi
the street level may be placed or permitted to encroach within the area il
as a sight distance corridor in accordance with City Standard Public Stree
Criteria, Section 8.B.3. The underlying property owner shall main
condition.
5 1. If any condition for construction of any public improvements or facilities, or the :
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro\.
Government Code Section 66020. If any such condition is determined to be inv
approval shall be invalid unless the City Council determines that the project wit
condition complies with all requirements of law.
Approval of CT 96-02 is granted subject to the approval of PUD 96-02. CT
subject to all conditions contained in Resolution No. 4249 for the Plann
Development.
The Developer shall establish a homeowner’s association and corresponding co
conditions and restrictions. Said CC&Rs shall be submitted to and approved
Planning Director prior to final map approval. Prior to issuance of a building pe
Developer shall provide the Planning Department with a recorded copy of the
CC&Rs that have been approved by the Department of Real Estate and the I
Director. At a minimum, the CC&Rs shall contain the following provisions:
A. General Enforcement by the City.
52.
53.
The City shall have the right, but
obligation, to enforce those Protective Covenants set forth in this Declaration
of, or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easements. In tl
that the Association fails to maintain the “Common Area Lots and
Association’s Easements” the City shall have the right, but not the duty, to
the necessary maintenance. If the City elects to perform such maintenance,
shall give written notice to the Association, with a copy thereof to the Ownei
Project, setting forth with particularity the maintenance which the City fin(
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required and requesting the same be carried out by the Association within a 1
thirty (30) days fi-om the giving of such notice. In the event that the Associa
to carry out such maintenance of the Common Area Lots and/or Assc
Easements within the period specified by the City’s notice, the City shall bt
to cause such work to be completed and shall be entitled to reimbursem
respect thereto from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has perfoi
necessary maintenance to either Common Area Lots and/or Association’s Ea
the City shall submit a written invoice to the Association for all costs incurrc
City to perform such maintenance of the Common Area Lots and or Assc
Easements. The City shall provide a copy of such invoice to each Own
Project, together with a statement that if the Association fails to pay such ii
full within the time specified, the City will pursue collection against the 0
the Project pursuant to the provisions of this Section. Said invoice shall be
payable by the Association within twenty (20) days of receipt by the Associ
the Association shall fail to pay such invoice in full within the period s
payment shall be deemed delinquent and shall be subject to a late charge in a
equal to six percent (6%) of the amount of the invoice. Thereafter the C
pursue collection from the Association by means of any remedies available i
rights and remedies available to the City, the City may levy a special as:
against the Owners of each Lot in the Project for an equal prorata share of the
plus the late charge. Such special assessment shall constitute a charge on the
shall be a continuing lien upon each Lot against which the special asses
levied. Each Owner in the Project hereby vests the City with the right and 1
levy such special assessment, to impose a lien upon their respective Lot and
all legal actions andor to pursue lien foreclosure procedures against any 01
hisher respective Lot for purposes of collecting such special assessment.
Prior to the issuance of the building permits, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat.
of the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a(n) Tentative Map by Resolution No. on the real
owned by the Developer. Said Notice of Restriction shall note the property des
location of the Gle containing complete project details and all conditions of apE
wellas any conditions or restrictions specified for inclusion in the Notice of Re!
The Planning Director has the authority to execute and record an amendment to tl.
which modifies or terminates said notice upon a showing of good cause by the D
or successor in interest.
This approval shall be null and void if the project site subject to this approv;
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The C
not issue any grading, building, or other permit, until the annexation is completi
City Manager is authorized to extend the 60 days, for a period not to exceed
certain, upon a showing of good cause.
in equity. Without limiting the generality of the foregoing, in addition to
54.
55.
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Landscape;
56. Prior to occupancy of individual units, the applicant shall construct the co
May 20,1998 in conformance with the required noise study.
Prior to issuance of building permits, the applicant shall submit a detai
study addressing conformance with the Noise Element of the General
conformance with the required noise study.
The Developer shall prepare a detailed landscape and irrigation plan in conform(
the approved Preliminary Landscape Plan and the City's Landscape Manual. r
shall be submitted to and approval obtained from the Planning Director pri
approval of the final map, grading permit, or building permit, whichever occurs.
Developer shall construct and install all landscaping as shown on the approved I
maintain all landscaping in a healthy and thriving condition, free from weeds, I
debris.
Building identification and/or addresses shall be placed on all new and existing
so as to be plainly visible from the street or access road; color of identificatil
addresses shall contrast to their background color.
themelnoise attenuation walls shown on the Landscape Concept Plan 'Elxhil
57.
58.
59.
Environmental:
60. The Developer shall diligently implement, or cause the implementation of, all a
mitigation measures identified in the Final EIR 98-01 and MEIR 93-01, inch
not limited to all areas to be graded shall be cleared and grubbed, a
Pollutant Discharge Elimination System Plan shall be required, the appiic
obtain a 1603 Agreement and a 401 Certification, waste disposal are a
attenuation barriers are constructed as necessary, and the monitoring of
provided to conform to City standards.
The Developer shall implement, or cause the implementation of, Terraces a
Creek Project Mitigation Monitoring and Reporting Program, including but na
to demonstration that all items listed in Condition 25 have been performed.
Prim to the recordation of the first final tract map or the issuance of building
whichever occurs first, the Developer shall prepare and record a Notice that this
may be subject to noise impacts from the proposed or existing Transportation Co
a form meeting the approval of the Planning Director and City Attorney (see No
#1 on file in the Planning Department).
Prior to the recordation of the first final tract map or the issuance of building
whichever occurs first: the Developer shall prepare and record a Notice that this
61.
62.
63.
is subject to overflight, sight and sound of aircraft operating from McClellan
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Airport, in a form meeting the approval of the Planning Director and the City
(see Noise Form #2 on file in the Planning Department).
The Developer shall post aircraft noise notification signs in all sales and/or rent
associated with the new development. The number and locations of said sign:
approved by the Planning Director (see Noise Form #3 on file in the
Department).
The Developer shall dedicate on the final map, an open space easement for thosc
of lot 174 which are (in slopes, wetlands, coastal sage scrub or other constra,
plus all other lands set aside as part of the Citywide Open Space System) in thei
to prohibit any encroachment or development, including but not limited to fencl
decks, storage buildings, pools, spas, stairways and landscaping other than that
as part of (the grading plan, improvement plans, biological revegetation
landscape plan, etc.) .
Removal of native vegetation and/or construction of structures on Open Space
including but not limited to fences, walls, decks, storage buildings, pools, spas, ,
and landscaping, other than that approved as part of (the grading plan, imp
plans, biological revegetation program, landscape plan, etc.) is specifically pi
except upon written order of the Carlsbad Fire Department for fire prevention 1
or upon written approval of the Planning Director, based upon a request
Homeowners Association accompanied by a report from a qualified arboris
indicating the need to remove specified trees andor plants because of di
impending danger to adjacent habitable dwelling units, For areas containin
vegetation the report required to accompany the request shall be prepared by a
biologist.
64.
65.
66.
Housing;:
67. Prior to the approval of the final map for any phase of this project, or where a m
being processed, prior to the issuance of building permits for any lots or L
Developer shall enter into an Affordable Housing Agreement with the City to prc
deed restrict dwelling units as affordable to lower-income households for the u
of the dwelling units, in accordance with the requirements and process set
Chapter 21.85 of the Carlsbad Municipal Code. The recorded Affordable
Agreement shall be binding on all future owners and successors in interest.
The Developer shall construct the required inclusionary units concurrent 1
project’s market rate units, unless both the final decision making authority of the
the Developer agree within an Affordable Housing Agreement to an alternate
for development.
68.
...
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Fire Conditions:
69. Units 70 through 78,133 through 137, and 160 through 172 shall be const
accordance with the specifications stated in the “Urban Wildland Interf;
Fire Protection Engineering Analysis for the Terraces Residential Devell
dated December 3,1997, Revised April 2,1998, and approved by the Carl!
Marshall April 3,1998, on file in the Fire Marshal’s office.
The applicant’s building plan submittal shall include copies of the above r(
fire protection engineering analysis, and details of any special architectural
required by that analysis.
70.
71. Prior to issuance of building permit, the applicant shall demonstratc
satisfaction of the Fire Marshal that the proposed building plans confor
design and construction specifications of the above referenced fire p
engineering analysis.
Provide additional public fire hydrants at intervals of 500 feet along public strec
private driveways. Hydrants should be located at street intersections when pos
should be positioned no closer than 100 feet from terminus of a street or a drivev
An all weather, unobstructed access road suitable for emergency service vehicle
provided and maintained during construction. When in the opinion of the Fire (
access road has become unserviceable due to imclement weather or other re;
may, in the interest of public safety, require that construction operations cease
condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operation
combustible building materials are located on the construction site.
The applicant shall provide a street map which conforms to the following requ
A 400 scale photo reduction mylar, depicting proposed improvements and at
existing intersections or streets. The map shall also clearly depict street ce
hydrant locations and street names.
72.
73.
74.
75.
Water Conditions:
76.
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The entire potable water system, reclaimed water system, and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demand
met.
The developer shall be responsible for all fees, deposits and charges which
collected before andor at the time of issuance of the building permit. The Si
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
77.
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78. Sequentially, the Developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection requ
Also obtain demand for domestic and irrigational needs from appropriate
b) Prepare a colored reclaimed water use area map and submit to the
Department for processing and approval.
Prior to the preparation of sewer, water, and reclaimed water improveme
a meeting must be scheduled with the District Engineer for review, corm
approval of the preliminary system layouts and usages (ie-GPM-EDU).
c)
79. This project is approved upon the expressed condition that building permits wi
issued for development of the subject property unless the water district sex
development determines that adequate water service and sewer facilities are avi
the time of application for such water service and sewer permits will contin
available until time of occupancy.
General Conditions:
80. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apl
this Tentative Tract Map.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not li
the following code requirements:
8 1, The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
The following note shall be placed on the Final Map: “Prior to issuance of a
permit for any buildable lot within the subdivision, the Developer shall pay a c
special development tax in accordance with the City Council Resolution No. 91-3’
Approval of this request shall not excuse compliance with all applicable section
Zoning Ordinance and all other applicable City ordinances in effect at time of i
permit issuance, except as otherwise specifically provided herein.
82.
83.
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84. The project shall comply with the latest non-residential disabled access reqi
pursuant to Title 24 of the State Building Code.
The Developer shall submit a street name list consistent with the City’s strl
policy subject to the Planning Director’s approval prior to final map approval.
All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on file in the
Department.
Any signs proposed for this development shall at a minimum be designed in conl
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs,
The developer shall exercise special care during the construction phase of this F
prevent off-site siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
systems and other fire protection systems shall be submitted to the Fire Depart
approval prior to construction.
The project is subject to all applicable provisions of local ordinances, including
limited to the following:
a)
85.
86.
87.
88.
89.
90.
The developer shall exercise special care during the construction phast
project to prevent offsite siltation. Planting and erosion control shall be 1
in accordance with the Carlsbad Municipal Code and the City Engineer: a~
Some improvements shown on the TENTATIVE MAP and/or required
conditions are located offsite on property which neither the City nor the 07
sufficient title or interest to permit the improvements to be made
acquisition of title or interest. The developer shall conform to Section 21
of the Carlsbad Municipal Code.
b)
- NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, ded
reservations, or other exactions hereafter collectively referred to for convenic
“fees/exactions.”
You have 90 days from date of the final City Council approval to protest imposition
feedexactions.
Government Code Section 66020(a), and file the protest and any other required informat
the City Manager for processing in accordance with Carlsbad Municipal Code Section 3
If you protest them, you must follow the protest procedure set
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Failure to timely follow that procedure will bar any subsequent legal action to attack. rc
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges. nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously b
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy ar
Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
.*, :? /"3 ,-€ .
6, (4,; c I, /3 --v* p&/y$& ,!-E:? C;-,F* LZ... r: E 5 \.A
BAILEY NOBiE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4293
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAR, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN SDP 97-02 TO
ALLOW THE DEVELOPMENT OF A 50 UNIT AFFORDABLE
APARTMENT PROJECT AND 28 SECOND DWELLING
UNITS ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF EL
CAMINO REAL AND COLLEGE BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 15
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO.: SDP 97-02
WHEREAS, CanAm Properties, LLC, “Developer”, has filed 2
application with the City of Carlsbad regarding property owned by CanAm Propert
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda in the City of
Carlsbad, County of San Diego, State of California, per Map
thereof No. 823, filed in the Office of the County Recorder of
Said County, November 16, 1896 and Lots 1-10 of CT 83-36
per Map No. 11242 as recorded in the Office of the County
Recorder of San Diego County May 23,1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Dev
Plan [Amendment] as shown on Exhibit(s) “A”-“FFF” dated May 20, 1998, on f
Planning Department, TERRACES AT SUNNY CREEK - SDP 97-02, as provided b:
2 1 .OG/Section 2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of June
17th day of June 1998, and the 1st day of July 1998, hold a duly noticed public h
prescribed by law to consider said request; and
WHEREAS. at said public hearing, upon hearing and considering all 1
and arguments. if any, of all persons desiring to be heard, said Commission considered i
relating to the Site Development Plan.
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NOW, THEREFORE. BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the
Commission RECOMMENDS APPROVAL of TERRACES AT
CREEK - SDP 97-02, based on the following findings and subjec
following conditions:
Findinm:
1. That the requested use is properly related to the site, surroundings and enviI
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrou
traffic circulation, in that the 50 unit affordable apartment project and the 2
dwelling units are consistent with the Planned Development and Hillside 0
design and development standards. The project is also consistent 1
Inclusionary Housing and Affordable Housing Ordinances due to its in
into a market rate subdivision and proximity to El Camino Real and
Boulevard, as well as, employment centers of the City's Industrial Corric
closest residential subdivisions are mobile home parks which are compati
apartments and small lot subdivision with second dwelling units. Thc
dwelling units have ample open space surrounding each dwelling, and the
the apartment project is provided directly off a collector street intersect
College Boulevard, so that apartment traffic will not be required to
through the single family neighborhood. The 78 dwelling units which
Element in that it represents 30% of the total units in the project. The 1
density increase (and density transfer from the excess dwelling unit
consistent with Policy 3.71 allowing discretionary consideration of density
through processing a site development plan in accordance with and implem
Chapter 21.53.120 of the Zoning Ordinance for affordable housing projec
size.
That the site for the intended use is adequate in size and shape to accommodate tl
that all required setbacks have been maintained, adequate parking t
provided, and recreational open space has been provided.
That all yards, setbacks. walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the apartment site is situated on its own lot SI
by a collector' street and open space from other development. The second
units have been incorporated into the proposed single family dwelling u
settings, is consistent with the various elements and objectives. of the General
affordable to lower income households is consistent with Policy 3.6a of the
2.
3.
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manner that does not allow them to be distinguished from standard sing
units.
That the street systems serving the proposed use is adequate to properly handle
generated by the proposed use, in that ingress and egress to the apartment sitr
4.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make. all CI
and modifications to the Site Development Plan document(s) necessary to m
internally consistent and in conformity with final action on the project. De\
shall occur substantially as shown in the approved Exhibits. Any proposed del
different from this approval, shall require an amendment to this approval.
Approval of SDP 97-02 is granted subject to the approval of EIR 98-01, GPA S
96-01, SP 190(B), LFMP 87-15(B), CT 96-02, PUD 96-02, HDP 96-02, SI
SUP 96-02 and SUP 96-03.
Prior to the issuance of a grading permit or a building permit for an
affordable apartment units or second dwelling units, the Developer shall ent
Affordable Housing Agreement with the City pursuant to Chapter 21.85 of the
Municipal Code.
NOTICE
2.
3.
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from date of final City Council approval to protest imposition
feedexactions. If you protest them, you must follow the protest procedure set
Government Code Section 66020(a), and file the protest and any other required informa
the City Manager for processing in accordance with Carlsbad Municipal Code Section
Failure to timely follow that procedure will bar any subsequent legal action to attack, re
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bf.
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
....
9 PC RES0 NO. 4293 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 199;
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy a
Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLg, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4293 -4-
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PLANNING COMMISSION RESOLUTION NO. 4294
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED DEVELOPMENT PERMIT AND
DESIGN GUIDELINES TO DEVELOP A 39.9 ACRE PARCEL
OF 172 SINGLE FAMILY LOTS, A MULTI-FAMILY LOT.
AND 1 OPEN SPACE LOT INTO 172 MARKET RATE SINGLE
FAMILY HOMES, 50 AFFORDABLE APARTMENTS, AND 28
SECOND DWELLING UNITS WITH THE REQUIRED
RECREATIONAL VEHICLE PARKING BEING PROVIDED
ON THE ADJACENT COMMERCIAL SITE ALL ON
PROPERTY GENERALLY LOCATED NORTH OF THE
INTERSECTION OF EL CAMINO REAL AND COLLEGE
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE
15.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO.: PUD 96-02
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Properti
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, per Map thereof
No. 823, filed in the Office of the County Recorder of said county,
November 16,1896, and Lots 1 thru 11 of CT 83-36 per Map No. 11242
as recorded in the Office of the County Recorder of San Diego County
May 23,1985.
(“the Property”); and
WHEREAS. said verified application constitutes a request for a Plan
Development Permit as shown on Exhibit(s) “A”-“FFF” dated May 20, 1998 ,on f
Planning Department, TERRACES AT SUNNY CREEK - PUD 96-02 as provided b:
2 1.45/2 1.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did. on the 3rd day of June :
17th day of June 1998. and the 1st day of July 1998, hold a duly noticed public h
prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of persons desiring to be heard, said Commission considered i
relating to the Planned Unit Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing. the Coi
RECOMMENDS APPROVAL, of TERRACES AT SUNNY CREE
96-02, based on the following findings and subject to the following condl
Findings:
1. The granting of this permit will not adversely affect and will be consisl
Chapter 21.45 of the Carlsbad Municipal Code, the General Plan, and all a]
adopted plans of the City and other governmental agencies as demonstrat6
project's consistency with all provisions of these documents.
The proposed single family residences at the site location are necessary and de!
provide a service or facility which will contribute to the long-term general well
the neighborhood and the community because the area is designated for re
medium and residential high uses in the General Plan and development is n
2.
to continue the balance of land uses in the City.
3. Such single family residential use will not be detrimental to the health, safety o
welfare of persons residing or working in the vicinity, or injurious to prc
improvements in the vicinity since the project meets all required City standi
ordinances, all public facilities and services shall be provided and adequate
and buffers from the proposed multiple family residential uses, College Ave
El Camino Real have been incorporated into the project design.
The proposed planned development will meet all of the minimum development I
and design criteria set forth in Section 21.45.090 and 21.45.080 of the
Municipal Code, and will be designed in accordance with the concepts contair
Design Guidelines Manual as demonstrated by features such as 51 to 47 fc
private streets and adequate guest and recreational vehicle parking, and a
and accessible common recreation area,
4.
PC RES0 NO. 4294 -2-
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5. The recreational vehicle parking area, proposed on the adjacent commerci;
incorporated into a suitable area and screened by buildings and walls to 6
compatibility with the site and its neighbors.
The proposed project is designed to be sensitive to and blend in with th
topography of the site by providing a variety of setbacks, varying 1
orientations, and landscaping to screen structures as well as enhance slopes.
6.
7. The proposed project maintains and enhance natural resourtes on the site thr
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preservation of oak woodland habitat along the steep slopes of the Agua I
drainage.
The proposed project’s design and density of the developed portion of the si1
compatible with proposed surrounding development and would not
disharmonious or disruptive element to the neighborhood because the propos
family residential units at a medium density range are separated and scree
future residential development to the east by a large open space area alox,
Creek, while the high density residential units are situated adjacent to em1
opportunities at the commercial site, are adjacent to circulation element r
which allow for public transportation to employment centers, and are les
mile from the industrial development along El Camino Real and College Bo
8.
9. The proposed project’s circulation system is designed to be efficient and well i
with the project and does not dominate the project as demonstrated by its confc
all City standards and the development standards of the Planned Devc
Ordinance as shown on the site plan.
Conditions:
1. ’ Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Planned Unit Development document(s), necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any
development different from this approval, shall require an amendment to this apF
Approval of PUD 96-02 is granted subject to the approval of EIR 98-01, GP
SUP 96-02, and SUP 96-03. PUD 96-02 is subject to all conditions con
Planning Commission Resolution No. 4294. incorporated herein by referenci
file in the Planning Department.
Approval of this request shall not excuse compliance with all sections of thi
Ordinance and a1 other applicable City ordinances in effect at time of buildir
issuance.
2.
ZC 96-01, SP 190(B), LFMP 87-15(B), CT 96-02, SDP 97-02, HDP 96-02, SI
3.
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q PC RES0 NO. 4294 -3-
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4. This project shall comply with all conditions and mitigation required by the
Local Facilities Management Plan incorporated herein and on file in the
Department and any future amendments to the Plan made prior to the issuance c
permits.
5. Elevations, floor plans and building layouts shall comply with the Terraces
Creek Design Guidelines as shown on Attachments “A”-“FFF”.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convt
“feedexactions.”
You have 90 days from date of final City Council approval to protest impositior
feedexactions. If you protest them, you must follow the protest procedure sei
Government Code Section 66020(a), and file the protest and any other required inform
the City Manager for processing in accordance with Carlsbad Municipal Code Section
Failure to timely follow that procedure will bar any subsequent legal action to attack, r
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees
DOES NOT APPLY to water and sewer connection fees and capacity charges. nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
....
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PC RES0 NO. 4294 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy a~
Compas
NOES:
ABSENT:
ABSTAIN:
Commissioners Nielsen, Savary and Welshons
BAILEY NOBEG, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\ I> MICHAEL J. HOLZM~~ER
Planning Director
PC RES0 NO. 4294 -5-
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PLANNING COMMISSION RESOLUTION NO. 4295
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
GRADE AND SUBDIVIDE A 39.9 ACRE PARCEL INTO 172
SINGLE FAMILY LOTS, A MULTI-FAMILY LOT, AND 1
OPEN SPACE LOT TO ALLOW FOR THE DEVELOPMENT
OF 172 MARKET RATE SINGLE FAMILY HOMES, 50
AFFORDABLE APARTMENTS, AND 28 SECOND
DWELLING UNITS AND TO GRADE THE ADJACENT
WESTEN RETAIL COMMERCIAL (LOT 11 PER MAP NO.
11242) ALL ON PROPERTY GENERALLY LOCATED NORTH
OF EL CAMINO REAL AT ITS INTERSECTION WITH
COLLEGE BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 15.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO: HDP 96-02
WHEREAS. CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Properti
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, per Map thereof
No. 823, filed in the Office of the County Recorder of said county,
November 16,1896, and Lots 1 thru 11 of CT 83-36 per Map No. 11242
as recorded in the Office of the County Recorder of San Diego County
May 23,1985.
(“the Property”); and
WHEREAS. said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A”-“FFF” dated MAY 20, 1998, on fi
Carlsbad Planning Department, TERRACES AT SUNNY CREEK - HDP 96-02, as
by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of June 1998,
day of June 1998, and the 1st day of July 1998, consider said request; and
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WHEREAS, at said hearing, upon hearing and considering all testir
arguments, if any, of all persons desiring to be heard, said Commission considered i
relating to the Hillside Development Permit and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Co
RECOMMENDS APPROVAL, of TERRACES AT SUNNY CREE
96-02, based on the following findings and subject to the following cond
Findings:
1. That hillside conditions have been properly identified on the constraints map wh
existing and proposed conditions and slope percentages.
That undevelopable areas of the project, i.e. slopes over 40%, have been 2.
identified on the constraints map
3. That the development proposal is consistent with the intent, purpose, and requirt
the Hillside Ordinance, Chapter 2 1.95, in that: 1) the grading design avoids stel
except for small isolated ravines; 2) manufactured slopes are contoured to fc
adjacent road and open space alignments; and 3) the future homes would bc
from the top of manufactured slopes.
That the proposed development or grading will not OCCUT in the undevelopable PC
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal
that the significant steep slopes greater than 40% are preserved in open spat
That the project design substantially conforms to the intent of the concepts illu:
the Hillside Development Guidelines Manual, in that the grading follows the
inclination from El Camino Real to the Agua Hedionda drainage, the futur
would be setback from the tops of manufactured slopes, and all manu
slopes will be screened with landscaping that includes a combination of
cover, shrubs, and trees;
That the project design and lot configuration minimized disturbance of hillside
that the project’s grading and development does not encroach into steel
except for small isolated ravines which have been identified but are exclud
the hillside development standards.
4.
5.
6.
PC RES0 NO. 4295 -2- I
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7. That the project is proposing slopes over 30 feet in height which will
significantly more open space or undisturbed area than would a strict adh
the requirements of Section 21.90.060 as by limiting the vertical 4
development to increments of 30’ necessarily increases the horizontal dev
scheme which in this case is bound by the existing grade of Ell Caminc circulation element roadway) and the riparian area of the Agua Hedionda t
Limiting the height of the slopes to 30’ with this amount of developmei
require grading to encroach into the drainage.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all CI
and modifications to the Hillside Development Permit document(s) necessaq
them internally consistent and in conformity with final. action on the
Development shall occur substantially as shown in the approved Exhibits. Any
development different from this approval, shall require an amendment to this apy
Approval of HDP 96-02 is granted subject to the approval of EIR 98-01, GP
ZC 96-01, SP 109(B), LPMP 87-15@), CT 96-02, SDP 97-02, PUD 96-02, SI
SUP 96-02, and SUP 96-03.
Prior to issuance of a grading permit, the applicant shall deposit, at a
institution subject to regulation by the state or federal government a certi
deposit or letter of credit made out to the city of Carlsbad or such other
which is acceptable to the city. This document shall be for at least t
estimated cost of the proposed mitigation and landscaping for the portion o
requesting a modification to the development and design standards of
21.45.090 of the Carlsbad Municipal Code “Manufactured slopes over 30
the proposed mitigation and landscaping is not installed in a timely ma
accordance with the approved plans, the planning director may autha
utilization of these funds to do the necessary remedial work. Any funds re
after the completion of this work shall be returned to the applicant.
Prior to stockpiling dirt on the adjacent commercial site, located at the nc
corner of College Boulevard and El Camino Real, the applicant shall be a
and obtain a stockpile permit from the City Engineer.
NOTICE
2.
3.
4.
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exa~tions.~~
You have 90 days from date of final City Council approval to protest imposition
feedexactions. If you protest them, you must follow the protest procedure set
PC RES0 NO. 4295 -3 -
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Government Code Section 66020(a), and file the protest and any other required inform
the City Manager for processing in accordance with Carlsbad Municipal Code Section
Failure to timely follow that procedure will bar any subsequent legal action to attack, r
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees,
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 199
following vote, to wit:
AYES : Chairperson Noble, Commissioners Heineman, Monroy a
Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
".:, /q o < p, -A &,..-!<>ds- J? fl Ip. 7: ,A"..*- * P? z 5,'
CARLSBAD $LAMING COMMISSION
---A - ". r,A.:,n p L. jP --
BAILEY NOEjgE, Chairperson
ATTEST:
1
MICHAEL J. HMMILP=SER
Planning Director
PC RES0 NO. 4295 -4-
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PLANNING COMMISSION RESOLUTION NO. 4296
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT TO ALLOW DEVELOPMENT
WITHIN THE EL CAMINO REAL SCENIC CORRIDOR ON
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF EL CAMINO REAL
AND COLLEGE BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 15.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO: SUP 96-01
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Properti
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City of Carlsb
County of San Diego, State of California, per Map thereof No. 823, filed in
Office of the County Recorder of said county, November 16, 1896, and Lo1
thru 10 of CT 83-36 per Map No. 11242 as recorded in the Office of the Cou
Recorder of San Diego County May 23,1985.
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a spc
Permit as shown on Exhibit(s) “A”-“FFF” dated May 20, 1998, on file in the
Department TERFUCES AT SUNNY CREEK, SUP 96-01, as provided by Chapter
the Carlsbad Municipal Code; and
WHEREAS. the Planning Commission did on the 3rd day of June 1998,
day of June 1998, and the 1st day of July 1998, hold a duly noticed public hearing as pi
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Special Use Permit;
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NOW, THEREFORE. BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commis:
hereby APPROVE TERRACES AT SUNNY CREEK - SUP 96-01,
the following findings and subject to the following conditions:
Findines:
1. All findings of EIR 98-01, GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-15(B)
02, SDP 97-02, PUD 96-02, HDP 96-02, SUP 96-02, and SUP 96-03 are incoi
herein by reference.
The site design is in conformance with the El Camino Real Corridor Dew
Standards. Homes will be set below the grade of El Camino Real so that they
obstruct the expansive views of the Agua Hedionda flood plain, hills, valleys
help to preserve the rural feel of the area in conformance with the goals of the El
Real Scenic Corridor Development Standards.
2.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Special Use Permit document(s) necessary to mal
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed dew
substantially different from this approval, shall require an amendment to this appr
All conditions of GPA 96-01, SP 190(B), CT 96-02, PUD 96-02, ZC 96-01, SU
SUP 96-03, SDP 97-02, LFMP 87-15(B) and EIR 98-01 are incorporated hr
reference. Refer to these documents for all conditions and mitigation n
applicable to development of the Terraces at Sunny Creek.
Approval of SUP 96-01 is granted subject to the approval of EIR 98-01, GPi
2.
3..
SP 190(B), ZC 96-01, CT 96-02, PUD 96-02, ZC 96-01, SUP 96-02, SUP 96
LFMP87-15(B).
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conven
“ fees/exactions.”
You have 90 days frpm date of final City Council approval to protest imposition
feesiexactions. If you protest them, you must follow the protest procedure set
Government Code Section 66020(a), and file the protest and any other required informat
PC RES0 NO. 4296 -2-
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the City Manager for processing in accordance with Carlsbad Municipal Code Section
Failure to timely follow that procedure will bar any subsequent legal action to attack, r
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously k
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 19!
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy a
Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
BAILEY NOFLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1
Planning Director
PC RES0 NO. 4296 -3 -
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PLANNING COMMISSION RESOLUTION NO. 4297
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT FOR ENCROACHMENT INTO THE
AGUA HENIONDA FLOOD PLAIN FOR GRADING FOR THE
DEVELOPMENT OF TERRACES AT SUNNY CREEK.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO: SUP 96-02
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Properti
“Owner”, described as
A portion of Lot “€3” of Rancho Agua Hedionda, in the City of Carlsb
County of San Diego, State of California, per Map thereof No. 823, filed in i
Office of the County Recorder of said county, November 16,1896, and Loti
thru 10 of CT 83-36 per Map No. 11242 as recorded in the Office of 1
County Recorder of San Diego County May 23,1985.
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Spt
Permit as shown on Exhibit(s) “A”-“FFF” dated May 20, 1998, on file in the
Department TERRACES AT SUNNY CREEK - SUP 96-02, as provided by Chapter L
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of June 1998,
day of June 1998, and the 1st day of July 1998, hold a duly noticed public hearing as p
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Special Use Permit;
NOW,’ THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commii
hereby APPROVE TERRACE§ AT SUNNY CREEK, SUP 96-02,
the following findings and subject to the following conditions:
Findings:
1. All findings of EIR 98-01,GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-15(B
02, SDP 97-02, PUD 96-02, HDP 96-02, SUP 96-01, and SUP 96-03 are incc
herein by reference.
All permit requirements of Chapter 24.1 10 of the Carlsbad Municipal Code 1 2.
satisfied.
3. The site is reasonably safe from flooding.
The site does not adversely affect the carrying capacity of areas where the b
elevations have been determined.
4.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Special Use Permit document(s) necessary to mi
internally consistent and in conformity with final action on the project. Dev
shall occur substantially as shown in the approved Exhibits. Any proposed de$
substantially different from this approval, shall require an amendment to this apF
All conditions of CT 96-02, Resolution No. 4292 and EIR 98-01, Resolution
are incorporated herein by reference. Refer to these documents for all cc
and mitigation measures applicable to development of Terraces at Sunny CI
Approval of SUP 96-02 is granted subject to the approval of EIR 98-01,GP
SUP 96-01, and SUP 96-03.
The developer shall obtain a grading permit prior to the commencement of anq
or grading of the site.
NOTICE
2.
3.
ZC 96-01, SP 190(B), LFMP 87-15(B), CT 96-02, SDP 97-02, PUD 96-02, HE
4.
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convei
fees/exactions.” (6
You have 90 days from date of final City Council approval to protest imposition
feedexactions. If you protest them, you must follow the protest procedure set
PC RES0 NO. 4297 -2-
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Government Code Section 66020(a), and file the protest and any other required inform:
the City Manager for processing in accordance with Carlsbad Municipal Code Section
Failure to timely follow that procedure will bar any subsequent legal action to attack, r(
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bl
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy ar
Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
4.. ” [? 4
P f\ $A,a:C 3’ 4* 25 k5 8. ,p:- I d.7*22&-&
CARLSBAD PLANNING COMMISSION
1M .vl
BAILEY NOBL Chairperson
ATTEST:
\ \
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4298
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SPECIAL USE PERMIT FOR
ENCROACHMENT INTO THE AGUA HEDIONDA FLOOD
PLAIN FOR GRADING ON LOT 11 OF CT 83-36, THE
COMMERCIAL LOT OF SP 190.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO: SUP 96-03
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Properti
“Owner”, described as
A portion of Lot 66 B 77 of Rancho Agua Hedionda, in the City of Carlsbac
County of San Diego, State of California, per Map thereof No. 823, filed i
the Office of the County Recorder of said county, November 16, 1896, an
Lots 11 of CT 83-36 per Map No. 11242 as recorded in the Office of th
County Recorder of San Diego County May 23,1985.
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Spe
Permit as shown on Exhibit(s) “A-FFF” dated May 20,1998. on file in the Planning De
TERRACES AT SUNNY CREEK - SUP 96-03, as provided by Chapter 21.111
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of June 1998,
day of June 1998, and the 1st day of July 1998, hold a duly noticed public hearing as pr
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Special Use Permit;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the F
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commis
hereby approve TERRACES AT SUNNY CREEK - SUP 96-03, bas
following findings and subject to the following conditions:
Findings:
1. All findings of EIR 98-01, GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-15(B
02, SDP 97-02, PUD 96-02, HDP 96-02, SUP 96-01, and SUP 96-02 are inco
herein by reference.
All permit requirements of Chapter 24.1 10 of the Carlsbad Municipal Code 1,
satisfied.
The site is reasonably safe from flooding.
The site does not adversely affect the carrying capacity of areas where the b
elevations have been determined.
2.
3.
4.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Special Use Permit document(s) necessary to ma
internally consistent and in conformity with final action on the project. Dew
shall occur substantiaIly as shown in the approved Exhibits. Any proposed devc
different from this approval, shall require an amendment to this approval.
All conditions of EIR 98-01, GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-1:
96-02, SDP 97-02, PUD 96-02, HDP 96-02, SUP 96-01, and SUP 96
incorporated herein by reference. Refer to these documents for all conditi
mitigation measures applicable to devenopment of the Terraces at Sunny Cre
Approval of SUP 96-03 is granted subject to the approval of EIR 98-01, GP.
SUP 96-01, and SUP 96-02.
The developer shall obtain a grading permit prior to the commencement of any
or grading of the site.
NOTICE
2.
3.
ZC 96-01, SP 190(B), LFMP 87-15(B) CT 96-02, SDP 97-02, PUD 96-02, HD
4.
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from date of final City Council approval to protest imposition
feesiexactions. If you protest them, you must follow the protest procedure set
PC RES0 NO. 4298 -2-
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Government Code Section 66020(a), and file the protest and any other required inform
the City Manager for processing in accordance with Carlsbad Municipal Code Section
Failure to timely follow that procedure will bar any subsequent legal action to attack, I
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously 1
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of tht
Commission of the City of Carlsbad, California, held on the 1st day of July 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy a
Compas
Commissioners Nielsen, Savary and Welshons NOES:
ABSENT:
ABSTAIN:
",/-? > e :3_- ..
' BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
.
Planning Director
PC RES0 NO. 4298 -3-
EXHlB &e GiQ of CARLSBAD Plannlne. Depant A REPORT TO THE PLANNING COMMISSIO:
Item No. @
Application complete date: January 12, 1998
Project Planner: Brian Hunter P.C. AGENDA OF: June 3,1998 1 Project Engineer: Ken Quon
SUBJECT: EIR 98-011GPA 96-01/ZC 96-01/SP 190BVLFMP 87-15(B)/CT 96-O2/S1
97-02/PUD 96-02/HDP 96-O2/SI.JP 96-Ol/SI.JP 96-02/SUP 96-03 - TERRAC
AT SUNNY CREEK - Request for the certification of an Environmental Imp;
Report, and approval of Candidate Findings of Fact, a Statement of Overridi
Considerations, and Mitigation Monitoring and Reporting Program, a Gene.
Plan Amendment, Zone Change, Specific Plan Amendment, Local Facilitj
Management Plan Amendment, Tentative Tract Map, Site Development P1:
Planned Development Permit, Hillside Development Permit, and three Spec.
Use Permits. This project entails the subdivision of a 39.9 acre parcel into 1’
single family lots, a multi-family lot and 1 open space lot and the development
172 market rate single family homes, 50 affordable apartments, and 28 semi
dwelling units. The project also includes the mass grading of the adjacent 17
acre commercial site across future College Boulevard and its use for the storage
recreational vehicles per the requirements of the Planned Development Ordinancl
The project site is generally located at the northeast and southeast comer of tl
intersection of El Camino Real and College Boulevard in the Office/Gener,
Commercial/ Limited Control Zone in Local Facilities Management Zone 15.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 428
APPROVAL of the Findings of Fact, Statement of Overriding Considerations and Mitigatio
Monitoring and Reporting Program; ADOPT Planning Commission Resolutions No. 4281
4289, 4290, 4291, 4292, 4293, 4294, 4295, 4296, 4297, 4298, RECOMMENDINC
APPROVAL Of GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-15(B), CT 96-02, SDP 97-02
PUD 96-02, HDP 96-02, and APPROVING SUP 96-01, SUP 96-02, and SUP 96-03 based 01
the findings and subject to the conditions contained therein.
11. INTRODUCTION
This application would allow for the subdivision of the 39.9 acre site (excluding a largc
remainder parcel to the north of the drainage) into 172 single family lots, a multi-family lot, an(
one open space lot for the development of 172 market rate single family homes, 50 affordablc
apartments, and 28 second dwelling units, as well as, the mass grading and placement 0,
recreational vehicle storage on the adjacent 17.6 acre commercial site across future College
RECOMMENDING CERTIFICATION of EIR 98-01, and RECOMMENDIN4
@
EIR 98-0 1 /GPA 96-0 1 / a 6-0 1 /SP 190(B)/LFMP 87-1 5(B)/CT @ -02/SDP 97-02PUD 96-
02/HDP 96-O2/SUP 96-Ol/SL.JP 96-O2/SL.JP 96-03 - TERRACES AT SUNNY CREEK
June 3,1998
Page 2
Boulevard. The inclusionary housing portion of this project W~S approved by the Hous
Commission on March 12, 1998. Otherwise as designed and conditioned and with the appro
of the proposed amendments, this project is in compliance with the General Plan, the Zoni
Ordinance, Subdivision Ordinance, and the Zone 15 Local Facilities Management Plan.
111. PROJECT DESCRIPTION AND BACKGROUND
In 1984, a Tentative Map and the Sycamore Creek Specific Plan were approved on this s
which allowed for the development of a professionalloffice complex, hotel and tennis clt
Since that time the map on the site has been haled which would allow for the development
the site at any time under the auspices of the existing Specific Plan. Due to changing marl
conditions and the need for low and moderate priced housing in the City of Carlsbad, t
applicant is proposing and staff is recommending approval of changing the site from no
residential uses to residential. This will require the approval of a number of discretionary actio1
The proposed project will provide two product types in the residential medium (RM) density a]
residential high (RH) density range. The area designated for medium density development w
consist of 172 single-family detached units ranging in size fiom 1,605 to 2,519 square fee
Twenty-eight of these units will be designed to accommodate second dwelling units. The 2.1
acre high density portion of the project will be developed with 50 affordable, 1,2 & 3 bedrooi
apartment units.
As shown on Exhibits “A”-“FFF”, the 172 detached single family units which are propose
along a curvilinear 36 foot paved width private street system (with guest parking) are configure
in a Z lot design. This design places 5 foot width use easements over adjacent properties alon
portions of their side yards. This 2 lot configuration essentially turns the entrance side yard into
private front yard while the other side yard becomes similar in use to a back yard. The us1
easements will be included in the required open space area designated for recreational use per thf
Planned Development ordinance. AI1 buildings have at a minimum a 20’ fiont setback Erom th
back of sidewalk and a similar building separation dimension where there are more than 11
structures in a row. The typical exterior is stucco with metal roll-up garage doors, wrought iron
masonry, and stone accent detailing. The peak of the roof measures 24-25 feet and is coverec
with concrete roof tiles.
The 28 second dwelling units have been incorporated into the single family structure (Exhibi
“TT”). Sitting above the three car garage of Plan 4, with private interior stairway, the 610 square
foot unit includes a kitchen, full bath, bedroom, and a living area. The 50 unit apartment projecl
is divided into three separate three story buildings. There will be 6 three bedroom, 20 two
bedroom, 12 one bedroom and 12 studio units.
The following is a list of the approvals requested as part of this project:
1. Certification of the Environmental Impact Report. An Environmental Impact
Report (EIR) was prepared for the project. The EIR analyzed the potential impact
Of development PUrSUant to the proposed project and related actions. The
environmental issue areas analyzed in the EIR were Soils and Geology, Hydrology,
Existing;:
Residential
HigWCommerciaYOffice
(RwC/O)
PrQDosed
Residential
Higmesidential
Medium (RH/RM)
General Plan Zoning Existing Land Use
t North RLM, OS L-c, os Vacant, scattered SFD
South PIAJA c-m-c Vacant, light industrial
East mc/o L-c Vacant, scattered SFD
West C c-2 Vacant
EIR 98-01IGPA 96-01/ a 6-01/SP 190(B)/LFMP 87-15(B)/CT ab -02/SDP 97-02RUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3, 1998
Page 5
H, Carisbad Municipal Code Chapter 21.95 - Hillside Development Ordinance;
I.
J.
Carlsbad Municipal Code Chapter 2 1.1 10 - Flood Plain Management: and
Carlsbad Municipal Code Chapter 21.06 - Scenic Corridor - El Camino R
Scenic Corridor Development Standards.
IV. ANALYSIS
The recommendation of approval for this project was developed by analyzing the projec
consistency with the applicable policies and regulations listed above. The following analy
section discusses compliance with each of these regulations/policies utilizing both text a
tables.
A. ENVIRONMENTAL PROTECTION PROCEDURES (TITLE 19) AND TH
CALIFORNIA ENVIRONMENTAL QUALITY ACT
An Environmental Impact Report FIR) was prepared for the project in compliance with t
Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code and t
California Environmental Quality Act (CEQA). The EIR addresses the environmental impac
associated with all discretionary applications for the proposed project including ultimate buildo
of the entire project. In addition to the sections required by CEQA, the EIR analyzed tl
following areas of potential environmental impact:
1. Soils and Geology;
2. Hydrology;
3. AirQuality;
4. Biological Resources;
5. Land Use;
6. Circulation;
7. Cultural and Paleontological Resources;
8. Noise;
9. Landform AlteratiodAesthetics; and
10. Utilities and Public Services
The conclusion reached on the 10 areas of potential environmental impact fell into one of thre
different categories. The three categories are (1) unavoidable significant environmental impact:
(2) significant environmental impacts that can be avoided or mitigated, and (3) impact:
considered in the EIR but found to be less than significant.
Unavoidable Significant Environmental Impacts
Based on the data and conclusions of the EIR, it has been found that the project will result il
significant cumulative impacts to air quality and traf5c which cannot be fully mitigated. These
cumulative impact are regional in nature and occur in areas outside the jurisdiction of the City
Cumulative unavoidable traffic impacts occur on certain segments of El Camino Real in the
northern portion of the City.
EIR 98-01/GPA 96-011 a 6-01/SP 190(B)/LFMP 87-15(B)/C a -02/SDP 97-02PUD 96-
02/HDP 96-O2/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3,1998
Page 6
Significant Environmental Imtlacts That Can Be Avoided or Mitbated
Mitigation measures are proposed for the following environmental impact areas to mitip
significant environmental impacts: 1) Soils and Geology, 2) Hydrology. 3) Air Qualih,
Biological Resources, 5) Land Use, 6) Circulation, 7) Cultural and Paleontological Resources.
Noise, and 9) Landform AlteratioIdAesthetics. The mitigation measures are contained in the E
as well as the Mitigation Monitoring and Reporting Program attached to the EIR Resolution.
ImDacts Found To Be Less Than Significant
The following environmental impact areas were analyzed in the EIR but found to have impac
whch are less than significant: 1) Utilities and Public Services.
In order to approve the project, a Statement of Overriding Considerations must be adopt
pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines. A Statement of Ovenidi
Considerations has been prepared and is attached to the Planning Commission Resolution for tl
EIR. Staff is requesting that the Planning Commission recommend that the City Council Certi
the EIR and adopt the proposed CEQA Findings and Statement of Overriding Considerations.
B. GENERALPLAN
LAND USE
The proposed General Plan Amendment (see attachment to Resolution No. 4288) will change tl
existing designations of the project site from Commercial, Office and Residential High Densii
(C/O/RH) to Residential High Density and Residential Medium (RH & RM). The RH Gener
Plan Land Use designation allows for the development of condominium and apartment, th
density range of 15-23 dwelling units per acre. The proposed 50 unit apartment project will ha\
a density of 22.9 dwelling units per acre and is therefore consistent with the RH General Pla
designation. As discussed below appropriate findings can be made to allow this affordabl
housing project to exceed the Growth Management Control Point of 19 dwelling units per acrc
The RM General Plan Land Use allows the development of small lot (less than 7500 square feet
single family homes that range in density from 4-8 dwelling units per acre with a growtl
management control point of 6 dwelling units per acre. The single family part of this project wil
include 172 units developed at a density of 5.3 dwelling units per acre. Therefore the project i
consistent with the General Plan.
The proposed project implements the Goals of the Land Use Element as illustrated below:
1. Goal A.3 A (Land Use Goals) “A City which provides for land uses which througl
their arrangement, location and size, support and enhance the economic viability fo
the community.” The project proposes land uses which will maximize the best us(
of the site, and contribute to the reduction Erom 12,496 to 2,188 of traffic trip:
within the City;
EIR 98-01/GPA 96-01/ a 6-011SP 190(B)/LFMP 87-15(B)/CT a 02/SDP 97-02DUD 96-
02MDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TEMCES AT SUNNY CREEK
June 3.1998
Page 7
2. Goal A.l (Growth Management and Public Facilities Goals) “A City which ensul
the timely provision of public facilities and service to preserve the quality of life
residents.” The project includes provisions which ensure that all necessary pub1
facilities will be available concurrent with demand. The project has been developc
to be consistent with, and implement the Zone 15 Local Facilities Manageme
Plan, as amended,
Goal A. 1 (Agricultural Goal) “A City which prevents the premature elimination (
agricultural land and preserves said lands wherever possible.” The project wi
result in the Gonversion of the site to urban uses. The project will not howevc
result in the conversion of prime agricultural land to urban uses and no significa
3.
impact to p&e agricultural farmland is anticipated;
Objective C.5 (Residential) “Locate multi-family uses near commercial center
employment centers, and major transportation corridors.” The proposed proj ec
includes multiple family apartments adjacent to College Boulevard, within walkin
distance of El Camino Real and adjacent to a future commercial center; and
Objective C.ll (Residential) “Require new residential development to provid
pedestrian and bicycle linkages ...” The proposed project includes a sidewal
system which will provide Iinks to future pedestrian trails and bike trails adjacent t
the site.
4
5.
HOUSING ELEMENT
The proposed project is consistent with Program 3.6b ofthe Housing Element which states thi
“a minimum of fifteen percent (15%) of all approved units in any residential specific plan c
qualified subdivision shall be made available to lower income households.” The Inclusionp
requirement for this project is based on 15% of the total number of units (250) proposed fo
development within this project. This equates to 38 units. The proposed project will provide 5(
affordable multi-family units and 28 second units for a total of 78 affordable units whicl
represents 3 1 % of the total number of units in the project.
This would appear to create 40 excess affordable units in the project. The provision of thesc
excess units is a part of the tradeoff for transferring residential units to this site from the City’s
‘excess dwelling unit bank’ per City Council Policy No. 43 for the Northeast Quadrant of the
City. This is discussed in detail in a later section of this staff report.
The specific details regarding the size and location of the 78 affordable units will be discussed ir
the portion of the staff report dealing with the Tentative Map and Site Development Plan. Thc
timing and phasing of affordable units will be provided for in the required affordable housinb
agreement for the project. This project would therefore be consistent with the Housing Element.
In addition, the project is in compliance with Housing Goal 2, which provides that new projects
be developed with a diversity of types, prices, densities and locations sufficient to meet the
EIR 98-0 1 /GPA 96-0 1 / a- 6-0 1 /SP 190(B)LFMP 87-1 5(B)/C T@ -02/SDP 97-02RUD 96-
02/HDP 96-02/SUP 96-01jSUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3,1998
Page 8
demands of anticipated City and regional growth. The proposed project provides a variety
housing types, and densities including multiple family and single family developments
densities ranging fiom 5.3 - 22.9 dwelling Units per acre.
The proposed 50 unit apartment project has a density that exceeds the Growth Managemc
Control Point. Housing Policy 3.7h allows General Plan amendments to increase resident
densities to enable the development of lower income affordable housing through the processi
housing project is to be evaluated relative to: (1) the proposal’s compatibility with adjacent 15
uses; (2) the adequacy of public facilities; and (3) the project site being located in proximity
employment opportunities, urban services, or major roads. The proposed project site meets thc
three criteria as discussed below.
The proposed project site is physically distinct fiom surrounding land uses due to its adjacency
a General Plan Circulation Element Prime Arterial, El Camino Real, and a General PI
Circulation Element Major Arterial, College Boulevard, as well as an open space tribuk
drainage course for Agua Hedionda Lagoon and the steep cliffs that fall to it. Due to t
buffering provided by the natural and man-made environments described above, the propos
high density land uses are compatible with adjacent land uses.
Converting the planned land use on the subject property fiom oflice and related commercial
residential will revise the demand for public facilities as discussed within the Grow
Management Section of this report. However no project specific facilities impacts i
anticipated because public facilities have been or will be adequately sized to accommodate t
maximum development allowed under the General Plan and Proposition E for the Northe;
Quadrant (including all dwelling units within the City‘s Excess Unit Bank). The allocation
dwelling units to this property simply shifts these unused excess dwelling units from one area
the quadrant to this site, and does not create an overall increase in demand beyond I
projections contained in the Citywide Facilities and Improvements Plan. Therefore suffcic
facilities are either already in place or will be provided concurrent with this project. 1
discussed above, Citywide and Northeast Quadrant dwelling unit caps will not be exceeded wi
the approval of this General Plan Amendment and associated residential project.
The site is appropriate for a higher density residential use and complies with the General P1
location criteria for affordable housing in that the site is located adjacent to circulation eleme
roadways to allow access to public transportation and both commercial and industrial land us
for employment opportunities.
GENERAL PLAN AMENDMENT
There are three primary issues related to the proposed General Plan Amendment fic
Commercial, Office and Residential High Density to Residential High and Residential Mediu
Density: (1) an elimination of commercial and office uses; (2) an increase in the amount
residential development within the boundaries of the site; and (3) an allocation of 229 units fic
the ‘excess dwelling unit bank’ per City Council Policy No. 43. These issues are discussed
of a site development plan. The appropriateness of a given site for a higher density affordd
EIR 98-01/GPA 96-0112 6 6-01/SP 190(B)/LFMP 87-15(B)/CT a 2/SDP 97-02PUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3,1998
Page 9
follows:
1. Elimination of Commercial and Office Uses
This site is currently designated for development with a mixture of Commercia
Residential High, and Office Uses. The proposed General Plan amendment wi
eliminate the Office (0) and Commercial (C) designations from this site. and all01
it to be developed with a combination of residential uses. The elimination of th
professional office and commercial buildings from developing on this site. TI
Economic Development Department indicates that there is no shortage (
professional office space in the City and that the department has not receive
inquiries regarding this type of office use. The elimination of office uses will als
reduce office employment opportunities on the project site, however, there will b
many employment opportunities offered nearby in Local Facilities Managemer
Zone 5. The commercial uses proposed were ancillary to the office uses of the zon
and included restaurants and a hotel. It should be noted that a hotel is developin
close to this site at the intersection of Faraday Avenue and College Boulevard, mi
the adjacent retail commercial site proposes a number of potential restaurants whd
should meet any perceived need for these type establishments. In addition, based 01
the fiscal impact analysis prepared for this project, this change will not result ii
significant fiscal impacts to the City. Furthermore, the proposed land use change
do not result in any significant changes in public facilities requirements.
‘office’ land use designation would preclude the previously approved multi-tenan
2. Increased Residential Development
The proposed General Plan Amendment will increase the residential density on this
site. The majority of the site was covered by the previously approved Sycamore
Creek Specific Plan. This Specific Plan was approved prior to Growti-
Management. When the Zone 15 LFMP was prepared for this portion of the City,
public facility impacts within the property were based on the land uses approved in
the Sycamore Creek Specific Plan. Although this site had a split General Plan
designation of WUO, no residential units were assigned to this site since the
approved Sycamore Creek Specific Plan did not contain any residential units.
The proposed project includes the area covered by the Sycamore Creek Specific
Plan as well as the 3.43 acre Pillsbury property which was not a part of this specific
plan. The Pillsbury property has a General Plan designation of WC/O and a net
acreage of 2.63. The Zone 15 LFMP assumed that up to 21 units could be
developed on that property. The proposed General Plan Amendment will transfer
229 units onto the project site from ‘the excess unit bank’ in the Northeast Quadrant
of Carlsbad. This transfer of units is discussed in detail in the following section.
EIR 98-01/GPA 96-01/ a 6-01/SP 190(B)/LFMP 87-15(B)/CT Jb -02/SDP 97-02PUD 96-
02/HDP 96-O2/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3,1998
Pace 10
3. Allocation of Excess Dwelling Units Under City Council Policy 43.
City Council Policy 43 establishes priority levels for the allocation of excc
dwelling units within each quadrant of the City. The priorities were provided a
way to address the issue of having only a limited number of excess dwelling units
a quadrant, at any particular time. As stated in Policy 43: “If there are on11
minimal number of excess units available in a quadrant, then the units should or
be used for a First Priority project” (such as affordable housing). Conversely,
there are a substantial number of excess units available in the quadrant, allocation
a Second or Third Priority project is the first priority under Policy 43. T
conversion of a non-residential use to residential use is considered a Priority
project under Policy 43.
AS of January 1, 1997, there were 339 units in the “excess unit bank‘’ for tl
Northeast quadrant according to the Growth Management Update Report. Howev
this number did not take into account all of the excess units that were created 1
turning the 893 unit Carlsbad Highland project into a habitat mitigation bank.
addition, it did not take into account excess units created by projects that we
approved below their growth control points in the Northeast Quadrant of the Ci
that had not obtained building permits. Furthermore it is highly likely that
substantial number of additional units will be created when additional acreage in tl
Northeast Quadrant of the City is set aside for habitat corridors to comple
Carlsbad’s Habitat Management Program. Therefore, staff believes that there a;
more than sufficient units in this quadrant to allow for the proposed dwelling LUI
transfer to this site.
The approved Zone 15 Local Facilities Management Plan allocated a maximum c
21 units to this site. This proposed 250 unit project therefore exceeds the Grow
Management Control Point by 229 units. This density increase of 229 units may b
approved by the City Council under City Council Policy 43. The transfer of 22
units to this site will leave 165 existing units in the City’s “excess dwelling un
bank” for the Northeast Quadrant.
This project is required to provides a minimum of 15% of its total units (250 x 159
= 37.5 units) as affordable to lower income households. Accordingly the propose{
excess dwelling units are for the purposes of developing affordable as well a
market rate units. As proposed the project will provide 50 affordable apartmen
units an& 28 second dwelling units. This will result in 78 dwelling units or 3 1 % o
the total project units being affordable to lower income households. Because thi
project is providing in excess of twice its minimally required number of affordablt
dwelling units, staff recommends support of the request to transfer 229 units out o
the excess dwelling unit bank for the Northeast Quadrant.
EIR 98-01IGPA 96-01/i@)6-01/SP 190(B)/LFMP 87-15(B)/CT 9 -02/SDP 97-02pUD 96-
June 3,1998
Page 11
02/HDP 96-02/SUP 96-01/SUP 96-02/SW 96-03 - TERRACES AT SUNNY CREEK
The General Plan Land Use Map states that depiction of constrained lands shoL
not be interpreted as representing precise boundaries because it is anticipated tl
these will be adjusted as better information becomes available through more fie
work, environmental analysis, etc.
constrained open space boundaries does not need to comply With the bounda
constrained lands were approved as General Plan open space through a proje
specific General Plan amendment. There has been no Sunny CreeMSycamo
Creek project specific General Plan amendment prior to this action that depictc
constrained open space. The specific constraints that are represented on tl
adjacent to the Agua Hedionda drainage. This General Plan Open Space WI
remain in permanent open space, therefore no adjustment is required to tk
boundaries of the Open Space as depicted on the General Plan Land Use Map.
It goes on to state that the adjustment
adjustment procedures of the Open Space and Conservation Element unless t
General Plan map reflect the floodway and an oak woodland on a steep ~101
C. CARLSBAD MUNICIPAL CODE, TITLE 21, CHAPTER 21.52, ZONINl
AMENDMENTS
The applicant is requesting approval of a Zone Change as described in the project description an
background section of this report. The Zone Change is necessary to achieve consistency with th
proposed General Plan as the zoning designations shown on the Exhibit attached to Plannin
Commission Resolution No. 4289 implement the General Plan designations shown on th
Exhibit attached to Planning Commission Resolution No. 4288. The residential uses allowed b,
the proposed zone change are compatible with surrounding existing and proposed residential an(
nonresidential uses as noted in the previous discussion on the General Plan. The Zone Change tl
Residential Density Multiple (RD-M) is appropriate because the RD-M zone is a small lot singl
family and multi family zone which provides standards to enable the development of suci
projects upon properties which are designated for higher residential density use by the Genera
Plan. Accordingly the RD-M zone would be consistent with both of the proposed RM and RJ-
General Plan land use designations for the site.
The proposed zone change is consistent with the goals and policies of the various elements of thc
General Plan, in that rezoning the site as proposed will:
1. provide for the development for a variety of land uses which have been carefully
planned to maximize the best use of the site, and contribute to the economic
viability of the city in compliance with Goal A.3 of the Land Use Element;
provide new housing with a diversity of types and prices in that the project include:
ranging from 5.3 ddac to 22.9 du/ac in compliance with Goal 2 of the Housing
Element;
2.
both multiple family attached and single family detached housing types at densities
EIR 98-01/GPA 96-011 a 6-01/SP 190(B)/LFMP 87-15(B)/CT Jb -02/SDP 97-02PUD 96-
02/HDP 96-02/SUP 96-01/SuP 96-02/SuP 96-03 - TERRACES AT SUNNY CREEK
June3, 1998
Page 12
3. provide 3 1 % of all units approved as affordable to lower income households wh
is more than double that minimally required by Policy 3.6.a of the Housi
Element; and
provide an adequate circulation infrastructure concurrent with or prior to the act1
demand for such facilities as this project is conditioned to complete its fair share
circulation infrastructure as described in the Zone 15 LFMP consistent w
4.
Objective EL1 and Policy C.1 of the Circulation Element.
D.
The Sycamore Creek Specific Plan covered most of this 39.9 acre site as well as a 19.0 ac
commercial site on the west side of the future extension of College Avenue. The propos
amendment to the Sycamore Creek Specific Plan is to delete it.
The Sycamore Creek Specific Plan was originally prepared because the Land Use Element oft
General Plan formerly required a specific plan for projects located within the Palomar Airpc
Influence Area and because the project site had a combination General Plan designatic
(C/O/RH). In that the Land Use Element of the General Plan no longer requires that a specif
plan be processed for parcels of land located within the Airport Influence Area and because tl
proposed General Plan Amendment will replace the combination General Plan designations wi
specific land use designations, there is no requirement or benefit of maintaining a specific ph
over the subject property. All development proposed on the project site will be processt
through other discretionary permits.
While this action covers the discretionary requirements for the residential development of th,
property, a site development plan and a special use permit for development within the El Camin
Real Corridor would be required to be develop the Commercial site.
The remainder parcel as, certified on CT 96-02, was also a remainder parcel within the context (
the existing specific plan. It requires a specific plan amendment to proceed with an
development on that property and was included solely due to ownership. Even with tk
rescission of the specific plan, as the property is within the Airport Influence Area, it will requii
a site development plan to proceed to entitlement. The property presently has a R-1-20,OO
Zoning and a RLM General Plan Land Use designation.
The existing Specific Plan includes an open space designation over property which general1
corresponds with the floodplain for Agua Hedionda Creek. There are no other environmenG constraints associated with this Specific Plan Open Space. As there are no constraints o
development within floodplains Citywide, outside of the necessity of processing a special us
permit to ensure an adequately engineered site, the developer is requesting that a portion of th,
Specific Plan Open Space (floodplain) area be developed with an affordable housing project. Fo
reference the existing Specific Plan had a commercial hotel and tennis facility and future
commercial of an unspecified nature bordering this open space area, as well as, a large parce
that was not a part of the specific plan. The floodplain was designated as open space by thc
Specific Plan in that it worked well with these land uses without the necessity of development.
SYCAMORE CREEK SPECIFIC PLAN AMENDMENT
Circulation
Fire
Open Space
Schools
Sewer Collection System
Water
12496 ADT Yes
Station #5 Yes
6 Acres Yes
$169,000/ CUSD; students* Yes
unknown**/55,000 GFD Yes
unknown**/90,500 GPD Yes
Element Use Classification, Goal, Proposed Land Use And/or Complianc
Objective or Program lmprovements
RM (4 - 8 Dwelling Units/Acre)
RH (1 5 - 23 Dwelling UnitdAcre) .
5.3 ddacre including second
dwelling units for single family
dwellings; 22.9 du/acre for multi-
family site.
consistent with the approved
Hillside Development Permit.
Yes
Ensure that all hillside The grading design will be Yes development is designed to
preserve the visual quality of the
Permit the approval of The project is conditioned to Yes
development of land only after
adequate provision has been made
for public facilities and services in
accordapce with the Growth
Management pub1 ic faci 1 ity
standards.
Land Use pre-existing topography.
Land Use discretionary actions and the constructlinstall all public
facilities necessary to serve the (Continued) subdivision. Citywide and
quadrant-wide pubIic facilities are
adequate to satisfy the additional
demand; therefore the project is
consistent with the Zone 15
LFMP . U
EIR 98-01/GPA 96-011 La 6-01/SP 190(B)LFMP 87-15(B)/CT e -02/SDP 97-02PUD 96- 02/HDP 96-02/SUP 96-01/SUP 96-02/SUF’ 96-03 - TERRACES AT SUNNY CREEK
June 3,1998
Pane 15
ranges. A minimum of 15% of all
units approved in master plan
communities shall be affordable to
to development prior to or improvements prior to occupancy
all residential units should be abutting El Camino Real and
College Boulevard, and the
Subdivision Ordinance (Title 20 of the CMC)
The Carlsbad Municipal Code requires a subdivision map to be filed in accordance with Title :
for any subdivision project. As conditioned, the proposed tentative map is in compliance wi
the City’s Subdivision Ordinance in that the lots are in accordance with the provisions of Title 2
(including the Planned Development Ordinance) and all of the necessary infiastmctw
improvements will be provided. The findings required by Title 20 can be made for this proje
and are contained in Planning Commission Resolution No. 4292, dated May 20, 1998.
G. PLANNED DEVELOPMENT PERMIT
Planned Development Ordinance
The Planned Development Permit covers the single family portion of the project and the adjacei
commercial site, a portion of which is used for the provision of recreational vehicle parking. P
mentioned previously, this area will be developed with 172 single family homes, 28 of whic
will have second units. The minimum lot size is 3,870 square feet with the lots averaging 6,78
square feet in size. The single family lots will be comprised of a Z-lot line configurations fc
side lot lines. This provides the opportunity to create private usable side yards as well as re:
yards. The internal circulation system will consist of a gate guarded private street system.
The following table summarizes Terraces at Sunny Creek’s compliance with the Planne
Development Ordinance development standards:
EIR 98-01/GPA 96-01/2 @ 6-01/SP 190(B)LFMP 87-E5(B)/CT 46 -02/SDP 97-02PUD 96-
02/HDP 96-O2/ST.JP 96-OI/ST.JP 96-02/Sl.JP 96-03 - TERRACES AT SUNNY CREEK
June 3,1998
Page 16
2 per unit = 344 spaces 2 car garageiunit minimum = 3
On-street parking minimum of
Recreational Vehicle Storage P
may be relocated to another sitc
within a one mile radius of the
garage which will provide the
~ ~~
Recreational Vehicle Storage
A temporary recreational vehicle storage area will be provided on the vacant commerciz
property to the west of the future extension of College Avenue. This property has been include1
in the PUD application. When the larger undeveloped properties to the north of this site ar
developed it is the applicant’s goal to over-size the Recreational Vehicle storage area for tha
project to accommodate the Terraces RV storage requirement. Prior to issuance of any Buildink
Permits the applicant must provide a recorded agreement guaranteeing the availability of this of
site Recreational Vehicle storage. Prior to final map approval, the applicant shall submit fo:
review and approval by the Planning Director, an agreement which will establish the timing an(
phasing of construction for the recreational vehicle storage facility. Pursuant to the PUI:
Ordinance (Sec. 21.45.090) the RV storage will remain on the adjacent commercial site unlesi
approved for relocation through a PUD amendment. The proposed location of the RV storage ai
the northeast portion of the site will not be detrimental to the proposed use and design of the
commercial property since the storage area would be located separate and behind the commercial
structures. The storage area has been designed and screened so as to be compatible with the
adjacent uses.
EIR 98-0 1/GPA 96-0l/&6-O 1/SP 190(B)/LFMP 87-1 S(B)/CT Ib -02/SDP 97-02PUD 96-
June 3, 1998
Page 17
02MDP 96-O2/SUP 96-01/SUP 96-02/Sl.JP 96-03 - TERRACES AT SUNNY CREEK
H, INCLUSIONARY HOUSING
The Inclusionary Housing Ordinance requires that 15% of the total number of proposed un
must be affordable to low income households. Additionally, 10% of the required affordable un
must be three bedroom units. As mentioned previously, this project will be providing a total
78 (31%) of the units as affordable to low income households. Twenty eight of these units u
be 610 square feet, one bedroom second units located within the single family portion of t
project. The remaining 50 affordable units will be located in the 2.19 acre multifamily site in tl
northerly portion of the project.
The applicant has submitted a Site Development Plan for the affordable multifamily portion
the project and the 28 Second Dwelling Units in conformance with the requirements of Sectic
2 1.53.120 of the Carlsbad Municipal Code and indicate specifically where these uses are locatel
The 50 units in the multifamily site will be located in three buildings ad range in size as shov
below:
The six 3 bedroom units exceed the City’s requirement that 10% of the required affordable unit
(four) be provided as three bedroom units.
All of the required resident and guest parking for the 50 apartments will be provided as ope
parking on site. A large passive recreation area with a tot lot, outside barbecue and picni
facilities will be provided near the entrance to this portion of the project. The apartment unit:
will gain access from the existing Sunny Creek access road. The portion of the Sunny Creel
access road within the project boundaries will be paved to City standards. The project wa
reviewed by the Housing Commission on March 12, 1998 and recommended for approval to thr
City Council.
I. HILLSIDE DEVELOPMENT PERMIT
A Hillside Development Permit is required for the project as the property contains slopes of 15
percent or more and has an elevation differential greater than 15 feet. The purpose of this pemii
is to review the project for conformance with the Hillside Development Ordinance. This Hillside
EIR 98-01/GPA 96-01]‘ dk 6-01/SP 190(B)/LFMP 87-15(B)/C a -0ZSDP 97-02PUD 96-
02/HDP 96-O2/SUP 96-01/SUP 96-02/Sl.JP 96-03 - TERRACES AT SUNNY CREEK
June 3,1998
Page 18
Development Permit which is being reviewed under the original Hillside Ordinance since 1
proposal will allow for the stockpiling of cut material taken from the residential site on .
adjacent commercial site, subject to the subsequent approval of a stockpile permit by the C
Engineer. The development proposal is in conformance with the overall intent, purpose i!
requirements of the Hillside Development Ordinance. The project does not propose alteration
significant hillside natural resource areas. The project’s grading volume of 7,500 cubic yards I
graded acre is defined as “acceptable” pursuant to Zoning Ordinance Section 21.95.060 (j)(3) .
The project‘s hillside slope conditions and undevelopable areas have been identified on t
constraints map. A few steep isolated slopes will be graded as permitted by Section 21.95.090
the Carlsbad’s Hillside Development Ordinance.
application was compkte prior to the effective date Qf the revised Hillside Ordinance. 1
J. SPECIAL USE PERMIT - FLOOD PLAIN
The applicant is requesting approval of two Special Use Permits for grading within the Floc
Plain as required by Chapter 21.1 10 of the Carlsbad Municipal Code, since these areas a
subject to inundation during a 100 year flood. One of the Special Use Permits is for the gradii
required for the development of this project. The other is for the export of dirt from this site 1
the adjacent commercial site. The export from the proposed residential development will mere
create a pad on the commercial site, which will raise a portion of it out of the flood plain. A Si
Development Plan has been submitted and is in processing to allow for the development of th
commercial site.
The Federal Emergency Management Agency (FEMA) establishes Base Flood Elevations (BFE
to determine flood hazard areas. The BFE corresponds to the highest elevation subject to a 10
year flood. A 100 year flood is a flood level which has 1% probability of being equaled c
exceeded in a given year. Properties are designated by FEMA to be subject to a 100 year floo
when their lowest grade, or lowest finished floor of a structure, is equal to or less than the BFE.
The proposed grading work will have a minimum finished elevation range of 74.5 to 81.7 fee
and a range of 4.0 to 7.5 feet respectively above the 100 year flood elevation for the Flool
Hazard Area within the project along the site’s northern edge.
In summary, staff believes the proposed project will not have any developed area inundated in
100 year flood and would not adversely impact other properties in the vicinity, based on tht
Engineering analysis. The EIR prepared for this project supports these conclusions.
K. SPECIAL USE PERMITS - EL CAMINO REAL CORRIDOR
The southern edge of the Terraces at Sunny Creek Specific Plan falls within Area 4 of the E
Camino Real Scenic Corridor. The El Camino Real Scenic Corridor Development Standard:
require approval of a Special Use Permit for all development within 500 feet of the right-of-waj
of El Camino Real when downslope condition exists. The majority of the southern edge of thc
Specific Plan is above El Camino Real. The Special Use Permit is required to assure cornpliancc
EIR 98-01/GPA 96-01/Z db 6-01/SP 190(B)/LFMP 87-15(B)/CT a 2/SDP 97-02PUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3,1998
Page 19
with the requirements of the corridor’s development standards. However the developme.
standards anticipated industrial office development and speaks to a campus type design them
roof equipment.
As proposed and discussed within the approving SUP resolution, the Terraces complies with a
applicable requirements of the El Camino Real Design Guidelines.
V. ENVIRONMENTAL REVIEW
An Environmental Impact Report was prepared for the project as described previously in thj
report. The Program EIR was prepared in accordance with the California Environmental Qualit
Act (CEQA) of 1970; the Guidelines for the Implementation of the California Environment:
Quality Act (CEQA Guidelines) published by the Resources Agency of the State of Califomit
and the City of Carlsbad Environmental Protection Ordinance (Chapter 19.04 of the Carlsbac
Municipal Code). Ten environmental issue areas were analyzed. Significant cumulative impact
to air quality and traffic were identified. A statement of overriding considerations must bl
adopted to approve the project and has been prepared, along with Candidate Findings of Faci
and a Mitigation Monitoring and Reporting Program.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
1 1.
12.
13. Location Map
14. Background Data Sheet
1 5.
16. Disclosure Statements
17. City Council Policy 43
18. Reduced Exhibits
19.
20.
21.
22.
The applicable mxkuds refer to design theme, signage, grading, setbacks, street furniture X
Planning Commission Resolution No. 4287 (EIR 98-01)
Planning Commission Resolution No. 4288 (GPA 96-01)
Planning Commission Resolution No. 4289 (ZC 96-0 1)
Planning Commission Resolution No. 4290 (SP 190(B))
Planning Commission Resolution No. 4291 (LFMP 87-15(B))
Planning Commission Resolution No. 4292 (CT 96-02)
Planning Commission Resolution No. 4293 (SDP 97-02)
Planning Commission Resolution No. 4294 (PUD 96-02)
Planning Commission Resolution No. 4295 (HDP 96-02)
Planning Commission Resolution No. 4296 (SUP 96-01)
Planning Commission Resolution No. 4297 (SUP 96-02)
Planning Commission Resolution No. 4298 (SUP 96-03)
Local Facilities Impact Assessment Form
Sycamore Creek Specific Plan, dated May 1,1984 (previously distributed)
Zone 15 Local Facilities Management Plan, dated May 20, 1998 @reviously distributed)
Terraces at Sunny Creek Final Environmental Impact Report, dated May 20, 1998
(previously distributed)
Exhibits “A” - “FFF”, dated May 20, 1998
BH.kc:mh
0 0
AMENDED Memorandum
Date: June 17, 1998
To: PLANNING COMMISSION
From: Planning Department
EIR 98-01/GPA 96-01/ZC 96-01/SP 190(B)/LFMP 87-15(B)/CT 96-02ISDP 97-02PUD 96
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - Terraces at Sunny Creek
PLEASE NOTE: The changes reflected in this memorandum reflect ONLY the chan:
being recommended by the Planning Department. Additional changes will be provided
the Engineering Department memorandum which will be distributed on Monday, Ju
15th and discussed at the Planning Commission briefings. These additional Engineeri
Department changes are reflected in revised text in the amended Zone Plan and Financi
Plan for Zone 15.
The Terraces at Sunny Creek project was continued from the June 3, 1998 Planning Commissi
meeting to this date for the purpose of resolving processing issues associated with the Loc
Facilities Management Plan Amendment (LFMP 87-15(B)), as well as, clarifying propos
project revisions which were provided to you at the previous meeting.
1) The Russell W. Grosse Development Co., Inc. has petitioned the City Council to allow the
to prepare the Zone 15 Local Facilities Management Plan Amendment. As of this date, th
petition is scheduled to be heard by the City Council on June 23, 1998. Staff
recommending that all of the resolutions have the following condition attached to the1
“Approval (or recommendation of approval) off this discretionary action is grantc
subject to the approval by the City Council of the preparation of the Zone 115 Loc,
Facilities Management Plan Amendment (LFMP 87-15(B)).”
2) The Carlsbad Unified School District is requesting and staff is recommending support of
request to amend the CEQA findings of fact (page 22, Section 4.1 13.3 of Exhibit “E
attached to Planning Commission Resolution No. 4287) and the environmental impact rep0
as follows: “Prior to the issuance of a building permit, the Developer shall subm
evidence to the Planning Director that impacts to school facilities have been mitigated i
conformance with the City’s Growth Management Plan to the extent permitted b
applicable state law. If the mitigation involves a financing scheme such as a Melio-Roc
Community Facilities District which is inconsistent with the City’s Growtl
Management Pian including City Council Policy No. 38, the Developer shall disclose t
future owners in the project, to the maximum extent possible, the existence of the ta
and that the school district is the taxing agency responsible for the financing district.”
/
TERRACES AT S UNbRREEK . JUNE 17, 1998
PAGE 2
3) The Community Development Department held a Zone 15 property owners meeting on IV
27, 1998. At that meeting staff gave a brief overview of the Growth Managemf
requirements of the proposed Local Facilities Management Plan Amendment a
summarized the financial obligations that would be incurred with development as proposc
As a consequence of that meeting the following changes to the Zone 15 LFMP Amendmt
and Finance Plan are recommended by staff:
a) Local Facilities Management Plan Amendment. Pages 14, 15, 16. and 114 - Deli
condition regarding Development Area 5 involvement in College Boulevard and Cam
Road improvements. Pages 15 and 16 needed to be replaced due to document formatti
(distributed at June 1st meeting).
b) Finance Plan. Exhibit 2 and Page 25 were revised to include Finance Areas 2. 3. and 4
the participation of the Facilities Impact Fee District for the segment of Colle
Boulevard between El Camino Real and the northern boundary of Development Area
Page 23 and 24 - Delete condition regarding Finance Area 5 involvement in Colle
Boulevard and Cannon Road improvements. Page 24 needed to be replaced due
document formatting (distributed at June 1st meeting).
4) Engineering Department response to the Rancho Carlsbad letter presented to the Cornissic
at the June 3, 1998 Planning Commission meeting will be delivered under separate cover.
I 1
l 0 a
Memorandum
Date: June 17, 1998
To: PLANNING COMMISSION
From: Planning Department
EIR 98-01EPA 96-011ZC 96-011SP 190(B)/LFMP 87-15(B)/CT 96-02lSDP 97-02PUD 96-
02IHDP 96-O2/SUP 96-01/SUP 96-02/SUP 96-03 - Terraces at Sunny Creek
The Terraces at Sunny Creek project was continued from the June 3, $998 Planning Commissi
meeting to this date for the purpose of resolving processing issues associated with the Lo(
Facilities Management Plan Amendment (LFMP 87-15(B)), as well as. clarifying propos
project revisions which were provided to you at the previous meeting.
1) The Russell W. Grosse Development Co., Inc. has petitioned the City Council to allow the
to prepare the Zone 15 Local Facilities Management Plan Amendment. As of this date. ti
petition is scheduled to be heard by the City Council on June 23, 1998. Staff
recommending that all of the resolutions have the following condition attached to ther
Approval (or recommendation of approval) of this discretionary action is grant4
subject to the approval by the City Council of the preparation of the Zone 15 Loc
Facilities Management Plan Amendment (LFMP 87-15(B)).”
2) The Carlsbad Unified School District is requesting and staff is recommending support of
request to amend the CEQA findings of fact (page 22, Section 4.1 13.3 of Exhibit “E
attached to Planning Commission Resolution No. 4287) and the environmental impact rep0
as follows: “Prior to the issuance of a building permit, the Developer shall subm
evidence to the Planning Director that impacts to school facilities have been mitigated i
conformance with the City’s Growth Management Plan to the extent permitted 1:
applicable state law. If the mitigation involves a financing scheme such as a Mello-Roc
Community Facilities District which is inconsistent with the City’s Growl
Management Plan including City Council Policy No. 38, the Developer shall disclose 1
future owners in the project, to the maximum extent possible, the existence of the ts(
and that the school district is the taxing agency responsible for the financing district.”
3 i The Community Development Department held a Zone 15 property owners meeting on Ma
27. 1998. At that meeting staff gave a brief overview of the Growth Managemei
requirements of the proposed Local Facilities Management Plan Amendment an
summarized the financial obligations that would be incurred with development as proposec
As a consequence of that meeting the following changes to the Zone 15 LFMP Amendmel
and Finance Plan are recommended by staff:
66
TERRACES AT SU”@!XEEK 0
JUNE 17, 1998
PAGE 2
a) Local Facilities Management Plan Amendment. Pages 14. 15. 16. and 114 - Del
condition regarding Development Area 5 involvement in College Boulevard and Canr
Road improvements. Pages 15 and 16 needed to be replaced due to document formatti
(distributed at June 1 st meeting).
b) Finance Plan. Exhibit 2 and Page 25 were revised to include Finance Areas 2. 3. and 4
the participation of the Facilities Impact Fee District for the segment of Colle
Boulevard between El Camino Real and the northern boundary of Development Area
Page 23 and 24 - Delete condition regarding Finance Area 5 involvement in Colle
Boulevard and Cannon Road improvements. Page 24 needed to be replaced due
document formatting (distributed at June 1 st meeting).
4) Engineering Department response to the Rancho Carlsbad letter presented to the Commissii
at the June 3. 1998 Planning Commission meeting will be delivered under separate cover.
/,
.The Caw of GARLSBAD Planning Dep sent
A REPORT TO THE PLANNING COMMISSIO
ItemNo. @
January 13. 1998 Applncation complete date:
Project Planner: Brian Hunter 1 Project Engineer: Ken Quon
P.C. AGENDA OF: July 1, 1998
SUBJECT: EIR 98-011GPA 96-011ZC 96-011SP 19003YLFMP 87-ljUWCT 96-021s
97-02PUD 96-02/HDP 96-02/SUP 96-01/SUP 96-OZSUP 96-03 - TERRAC
AT SUNNY CREEK - Request for the certification of an Environmental Imp
Report, and approval of Candidate Findings of Fact, a Statement of Overrid
Considerations, and Mitigation Monitoring and Reporting Program. a Gene
Plan Amendment, Zone Change, Specific Plan Amendment, Local Facilil
Management Plan Amendment, Tentative Tract Map, Site Deveiopment P1
Planned Development Permit, Hillside Development Permit, and three Spec
Use Permits. This project entails the subdivision of a 39.9 acre parcel into 1
single family lots, a multi-family lot and 1 open space lot and the development
172 market rate single family homes, 50 affordable apartments, and 28 seca
dwelling units. The project also includes the mass grading of the adjacent 1'
acre commercial site across future College Boulevard and its use for the storage
recreational vehicles per the requirements of the Planned Development Ordinanc
The project site is generally located at the northeast and southeast comer oft
intersection of El Camino Real and College Bouievard in the OfficdGenel
Commercial/ Limited Control Zone in Local Facilities Management Zone 15.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 421
APPROVAL of the Findings of Fact, Statement of Overriding Considerations and Mitigatic
Monitoring and Reporting Program; ADOPT Planning Commission Resolutions No. 428
4289, 4290, 4291, 4292, 4293, 4294, 4295, 4296, 4297, 4298, RECOMMENDIN(
PUD 96-02, HDP 96-02, and APPROVING SUP 96-01, SUP 96-02, and SUP 96-03 based c
the findings and subject to the conditions contained therein.
ATTACHMENT:
1.
2.
3.
4.
5.
RECOMMENDING CERTIFICATION of EIR 98-0 1, and RECOMMENDIN
APPROVAL Of GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-15(B), CT 96-02, SDP 97-0
Memo from the Planning Department dated June 17, 1998
Planning Commission Resolutions 4287 - 4298
Staff Report dated June 3. 1998 with attachments
Revised LFMP Amendment and Finance Plan for Zone 15 (Commission only)
Underiine/strikeout copies of changes to LFMP and Finance Plan (Commission only)
I
0 EXHl .i
5. EIR 98-011GPA 96-01EC 96-011SP ISO(B)ILFMP 87-15(B)/CT 96-02/SDP 97-021PUD 96-02/HDP
96-021SUP 96-011SUP 96-021SUP 96-03 - TERRACES AT SUNNY CREEK - Request for the
certification of an Environmental Impact Report, and approval of Candidate Findings of Fact, a
Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, a General
Plan Amendment, Zone Change, Specific Plan Amendment, Local Facilities Management Plan
Amendment, Tentative Tract Map, Site Development Plan, Planned Development Permit, Hillside
Development Permit, and three Special Use Permits. This project entails the subdivision of a 39.9
acre parcel into 172 single family lots, a multi-family lot and 1 open space lot and the development of
172 market rate single family homes, 50 affordable apartments, and 28 second dwelling units. The
project also includes the mass grading of the adjacent 17.6 acre commercial site across future
College Boulevard and its use for the storage of recreational vehicles per the requirements of the
Planned Development Ordinance. The project site is.generally located at the northeast and southeast
corner of the intersection of El Camino Real and College Boulevard in the Office/General
CommerciallLimited Control Zone in Local Facilities Management Zone 15.
The Commission received a last minute letter from Rancho Carlsbad requesting a continuance.
Chairperson Noble stated that the consensus, among the participants in this item, is that no one can agree
on any of the points and the decision to continue this item will be made after hearing from the
representative(s) from Rancho Carlsbad Mobile Home Park and also hearing the response from the
applicant.
Mike Churchill, 5200 El Camino Real, Carlsbad, Agent for the owners, stated that the problems Rancho
Carlsbad is having with the project are engineering problems. Mr. Churchill introduced his Engineer, Ken
Discenza.
Ken Discenza, Site Design Associates, Inc., 7863 La Mesa Boulevard, Suite 201, La Mesa, referring to a
letter from Rancho Carlsbad (a copy of which is on file in the Planning Department) and received by the
Commissioners at this meeting, apologized for the lateness of the letter. He explained that the reason for
the delay in writing the letter is because the plans and related information were received at the same time
as the Notice of Public Hearing, and there has not been adequate time to study and respond to them.
Assistant City Attorney, Rich Rudolf, reminded the Commission that the question before the Commission
is whether or not to grant a continuance requested by Rancho Carlsbad Homeowners and therefore the
testimony from Mr. Discenza should state their reason(s) for requesting the continuance, as opposed to
Mr. Discenza stated that the plans, the EIR, the Local Facilities Management Plan Amendment, and the
financing plan are incomplete and a continuance is required to allow time for their adequate completion.
He indicated that some of the information may be in error and just needs to be corrected. As an example,
Mr. Discenza stated that Development Area 4 in the Local Facilities Management Plan is not correctly
depicted in the plan for the existing facilities called Rancho Carlsbad. He went on to point out that the
financing plan itself does not take the plan to a point where the surrounding property owners have the
ability to evaluate the appropriateness of the financing plan. Mr. Discenza further pointed out that the
Local Facilities Management Plan has to focus on the development and the improvements and there
Seems to be a lack of coordination between the smaller development areas that have been proposed and
the improvements that are required for them. Regarding the EIR, Mr. Discenza stated that it appears to
be lacking in information and should be clarified, either at this meeting or a subsequent meeting. Mr.
the issues they have with the project.
MINUTES ,
PLAN N I N G C 0 M M I S S IO N e Pagc
Discenza concluded by stating that, essentially, a continuance is required to fill in the missing informati
June 3, 1998 0
as outlined in the aforementioned letter.
Bill Hofman, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, Carlsbad, replied to h
Discenza’s testimony by stating that all of the questions in the letter from Rancho Carlsbad have bel
covered. He went on to point out that methods, the improvements required, and what they are a!tached
have all been addressed. Mr. Hofman further stated that there has been ample time and opportunity *
Rancho Carlsbad to address their concerns.
Commissioner Monroy asked Mr. Hofman if Rancho Carlsbad had received a copy of the revised Financ
Plan, dated May 29, 1998.
Mr. Hofman replied that the revised Financial Plan is a result of a meeting with the property owners ai
there has not been enough time to get a revised copy to the owners of Rancho Carlsbad. In addition, tl
corrections that have been made do not address the concerns of Rancho Carlsbad. Mr. Hofman furth
stated that in the opinion of the applicant, the Rancho Carlsbad concerns are in the Financial Plan thl
have already reviewed, and the recent corrections would not be of any value to them.
Commissioner Welshons asked staff if they can adequately address all of the concerns listed in tt
Rancho Carlsbad letter, at this meeting.
Assistant City Engineer, David Hauser, replied that some of them can be addressed at this meeting
However, he stated that he is unsure as to whether they can all be addressed at this time. He pointed o
that the drainage issues probably could not be settled at this time, but, the issues regarding the financir
plan can be readily resolved. Regarding the division of Planning Area 4, Mr. Hauser pointed out that tt
Plan (as presented) has been found to be adequate and the question of dividing that area (as suggeste
by Rancho Carlsbad) could not be resolved at this meeting.
Mr. Rudolf asked Mr. Hofman if Rancho Carlsbad now has a copy of his transmittal letter to Senic
Planner, Brian Hunter, dated May 29, 1998, and if not, asked Mr. Hofman to please provide them with
copy as soon as possible. In addition, he suggested that the representative from Rancho Carlsbad b
asked if the changes are or are not relevant to their request for a continuance.
Mr. Rudolf pointed out that although Rancho Carlsbad states many reasons for a continuance, the issue
he is most concerned about are the LFMP and the Finance Plan. The objections regarding the adequac
of the EIR, and extra time to review the EIR seems to be inappropriate as a ground for continuance. MI
Rudolf pointed out that there has been a public review period, and since Rancho Carlsbad is intimatel
affected, he IS Of the opinion that they would have a responsibility to have known about, reviewed, an
commented on the EIR (or be prepared to comment on it) prior to this meeting. Mr. Rudolf instructed th
Commission that it is their responsibility to, tonight, hear any Rancho Carlsbad comments regarding tht
EIR; and if the Commission concludes that more information is required in the EIR (based on thosf
comments), then the Commission must direct staff to take care of the issues and a continuance might bt
granted to do that.
As for any comments regarding the project itself, Mr. Rudolf stated that the project has been adequatel:
noticed for Public Hearing and all information pertaining to the project has been available for review ani
therefore a supposed lack of information is not an appropriate ground for continuance. The only exceptio1
would be information that has only been made available at this meeting.
Mr. Rudolf went on to state that his concern regarding the LFMP and the Financing plan is because the
process for dealing with them is called for in the Municipal Code. Mr. Rudolf stated that the Code calls for
the creation of a LFMP for each zone and it allows for amendments as well. It requires the amendment:
to LFMPs to be processed in the same way as a brand new one. An amendment is processed, either a
the direction of the City Council or by an application by all owners within the zone, jointly submitting E
Facilities Management Plan or a Facilities Management Plan Amendment. Mr. Rudolf suggested to the
Commission that they must ask if there is an application, by all owners within the zone, jointly submitting 6
MINUTES
PLAN N I N G C 0 MM I S S IO N e Page
Facilities Management Plan at this meeting. He pointed out that some owners in the zone are not join
submitting a Facilities Management Plan and are saying that maybe they would submit it if they knc
more about it but are not prepared to submit it at this meeting.
Regarding Item No. 9, in the letter from Rancho Carlsbad, Mr. Rudolf pointed out that it focusses upon
requirement of the Municipal Code which says that, “one of the elements of a Local Facilities Manageme
Plan is a Financing plan which establishes various methods of funding the facilities and improvemen
identified in the Plan, fairly allocating the costs to the various properties within the zone. The Plan sh
identify those facilities and improvements which would otherwise be provided as a requirement
processing a development project or provided by the developer in order to establish consistency with tl
General Plan or Titles 18, 20, or 21, and those facilities and improvements for which new funding methoi
which shall be sufficient to ensure sufficient funds are available to construct or provide facilities ar
improvements when required by the phasing schedule.” Mr. Rudolf further instructed the Commission
ask, “does the information that is presented by the applicant, and is recommended for approval by tt
staff, meet the requirement of the item just quoted.”
Mr. Hauser responded by stating that staff believes that the information provided by the applicant doc
meet the requirement as previously quoted from the Municipal Code, including the questions raised in tt,
letter from Rancho Carlsbad.
Commissioner Welshons asked Mr. Discenza to respond to the question regarding the revised Financin
plan.
Mr. Discenza replied that he is only representing Rancho Carlsbad and pointed out that there are othc
interested property owners that also have expressed some concern with the Financing plan.
Consequently, they feel that the Plan is still incomplete.
Commissioner Compas pointed out that the letter from Hofrnan Planning Associates states that th
changes to the LFMP and the Financing plan are minor and asked Mr. Discenza if he agrees that th
changes do not affect the overall Plan.
Mr. Discenza replied that he has not had an opportunity to read the Hofman letter and therefore is unabl
other property owners, during which many questions were raised but no answers given and in an effort tc
get some or all of those questions answered and concerns resolved, there should be a continuanct
granted.
Mr. Wayne stated that thus far, he had not heard any specific evidence that indicates that this is ai
incomplete plan thereby meriting a continuance.
Commissioner Heineman, regarding Mr. Discenza’s statement that there are others who have founc
deficiencies in the plan, asked why those other people are not here to address the issues.
Robert “Pat” Kelly, 2770 Sunny Creek Road, Carlsbad, expressed his concerns regarding the Financins
plan. He stated that the Plan gives an outline of how the financing is to be done but the actual distributior
of the charges are going to be done later. He went on to say that by this method, it is very difficult (if no
impossible) for any property owner to have any idea of the costs he or she will incur. Mr. Kelly furthe,
stated that his biggest concern regarding this project is the grading on the commercial property without a
Site Development Plan. Mr. Kelly suggested that the Commission is being asked to agree to a Plan thal
sets the grading without a Site Development Plan. Mr. Kelly concluded by stating that the placement 01
200,000 (+) cubic yards of dirt onto a project without knowing what is going to happen to it when the resi
of the project is constructed is, in his opinion, the overriding issue.
Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Suite 300, Carlsbad, representing the
Holly Springs property (known as Development Area No. 3), stating that he has a minor clarification
regarding the Financing plan but nothing that he considers would merit a continuance of this hearing.
June 3, 1998 0
to comment. He further pointed out that there had recently been a meeting between the applicant anc
MINUTES
PLANNING COMMISSION a June 3, 1998 0 Pagf
Commissioner Compas asked staff to respond to Mr. Kelly’s comment regarding grading without a S
Development Plan.
Mr. Wayne replied that this is, in fact, a Stockpile Permit to place a stockpile on the property and not a S
Development Plan for grading. Staff is currently reviewing a Site Development Plan for commerical us
on the property.
Russell W. Grosse, 5850 Sunny Creek Road, Carlsbad, owner and developer, stated that he wrote a VE
relationships that would exist between the various properties, he also included maps detailing the ent
development. He continued by stating that he has talked with them and has done everything one can 1
and the best response has been “we’re too busy sub-dividing our property; talk to us later.” Mr. Gros
further stated that when he entered into a verbal agreement to acquire a piece of their property, they tc
him they wanted him to pay attorney and engineering fees as a condition of the sale. Mr. Grosse stat
that he paid those fees and the written agreement was prepared. However, he continued, when it w;
time to sign the agreement, Rancho Carlsbad decided they did not want to sell after all. Mr. Gros:
suggested that the Rancho Carlsbad people have had every opportunity to work with him on this proje
and for them to come to this meeting, at the last minute, and request a continuance is nonsense. h
Grosse pointed out that there are no current plans for the remaining 1,500 acres in the area and th
makes it virtually impossible to come up with a financing plan that states that an absolute conclusion hi
been reached as to who is going to share in the cost of College Boulevard. He further pointed out that tl
facts of who is going to develop the property and how and when it will be developed are essential to arri
at a conclusive financing plan. Mr. Grosse also pointed out that his development corporation has written
blank check to the City by saying that whatever it costs and whatever the future allocation of Collec
Boulevard is, they will share in it in accordance with whatever occurs when and if the remaining acreage
developed. Mr. Grosse went on to point out that he has reached an agreement with the City that says th he will pay for 100% of the cost of College Boulevard, as it fronts on his property. In addition, t
continued, he has agreed that he will share in the future costs of College Boulevard in any manner that
deemed fair at the time that College Boulevard is constructed and when there is knowledge as to what
actually going to be developed on the aforementioned remaining 1,500 acres and how those costs a
going to be shared. Mr. Grosse stated that Rancho Carlsbad actually wants the City to come to tt
conclusion that his 39.9 acres cannot be developed because there is no finite answer to the costs
College Boulevard. In addition to the previously mentioned agreement with the City, Mr. Grosse ais
pointed out that the Conditions of approval require his company to secure, with a note and deed of trust o
some of his property, their future obligation to pay for additional College Boulevard, if and when it gei
built and if and when anybody decides to do with the other 1,500 acres.
Mr. Grosse stated that staff has done a terrific job and if he can’t go forward with his project, based on th
way his staff has approached the Zone 15 modification and Financial Plan, then no one who has a sm:
piece of property in an undeveloped large zone, will be able to do anything to develop their propertic
unless 100% concurrence is acquired from ail of the property owners.
As for the question of stockpiling, Mr. Grosse pointed out that he has approved plans for an office par
and shopping center that will be built after the Terraces are completed and it doesn’t make sense to ha1
dirt away from the Terraces when that dirt will be needed for the grading and completion of that office par
and shopping center. The idea is to put the dirt on his remaining property, get final approval for th
shopping center and office park, and use the dirt to finish the shopping center site.
Commissioner Welshons stated that considering the vast amount of information that was receive
immediately prior to the beginning of this meeting, she feels that the everyone concerned would be bettc
served if the Commissioners have more time to read and digest that information and therefore woul
support a motion for a continuance. Ms. Welshons explained that she understands Mr. Grosse’
frustration but that she would not feel comfortable approving a project that she has not had adequate tim
to review.
lengthy letter, to Rancho Carlsbad, over two years ago, and in addition to pointing out all of ti
MINUTE!
PLANNING COMMISSION e June 3, 1998 a Page '
Commissioner Nielsen stated that he, too, is unclear on a number of points and agreed wit
Commissioner Welshons that a continuance is merited.
COmmISSiOner Cornpas agreed with the two previous statements and stated his support for a continuance
Commissioner Monroy also stated his support for a continuance but asked to have the school distric
representative approach the podium and explain the purpose of the letter to Senior Planner, Brian Huntei
(a copy of which is on file in the Planning Department).
John Blair, 7599 Dehesa Court, Carlsbad, Business Manager for the Carlsbad Unified School Districi
stated that what they are asking deals with Zone 15 in its entirety and not just with the Sunny Cree.
Terraces project. He went on to say that they are requesting that conditions for school mitigation anc
agreements requiring the developers to become members of the Community Facilities District of the
School District, be applied uniformly throughout Zone 15, regardless of the phasing, as it has previousll
been applied in Zone 20 and other zones in the City.
Commissioner Savary stated her support for a continuance.
ACTION: Motion by Commissioner Heineman, and duly seconded, to continue this item to
the next regular meeting of the Planning Commission on Wednesday, June 17,
1998.
Noble, Heineman, Savary, Monroy, Welshons, Compas, and Nielsen
VOTE: 7-0
AYES:
NOES: None
ABSTAIN: None
0 e
CONTINUED PUBLIC HEARING:
1 - EIR 98-011GPA 96-011ZC 96-011SP 1 gO(B)ILFMP 87-15(B)ICT 96-021SDP 97-O21PUD 96
02/HDP 96-O2/SUP 96-011SUP 36-02/SUP 96-03 - TERRACES AT SUNNY CREEK - Reques
for the certification of an Environmental Impact Report, and approval of Candidate Findings c
Fact, a Statement of Overriding Considerations, and Mitigation Monitoring and Reportinc
Program, a General Plan Amendment, Zone Change, Specific Plan Amendment, Local Facilitie
Management Plan Amendment, Tentative Tract Map, Site Development Plan, Plannec
MINUTE:
PLANNING C 0 M M I S S IO I$ June 17, 1998 0 Pagl
Development Permit, Hillside Development Permit, and three Special Use Permits. This proj
entails the subdivision of a 39.9 acre parcel into 172 single family lots, a multi-family lot an(
open space lot and the development of 172 market rate single family homes, 50 afforda
apartments, and 28 second dwelling units. The project also includes the mass grading of
adjacent 17.6 acre commercial site across future College Boulevard and its use for the storagc
recreational vehicles per the requirements of the Planned Development Ordinance. The proj
site is generally located at the northeast and southeast corner of the intersection of El Cam
Real and College Boulevard in the OfficelGeneral CommerciallLimited Control Zone in Lo1
facilities Management Zone 15.
Assistant Planning Director, Gary Wayne, introduced this item and stated that the applicant is await
action by City Council regarding the applicant‘s petition to allow him to proceed with the preparation of
project’s Finance Plan and the amendment to the Local Facilities Management Plan. Mr. Waq
explained that, in the City’s opinion, the Commission has four options to consider regarding
Commission’s action at this meeting. Mr. Wayne itemized those options as follows: 1) To continue
Public Hearing to July 1, 1998, pending the outcome of the City Council action on the applicant‘s petiti
which is scheduled for June 23, 1998; 2) To hear and act upon everything, except, the Facilit
Management Plan (The Commission’s action would be subject to the approval of the Local Facilit
Management Plan); 3) Hear all and take no action at this time (action by the Commission would follow t
City Council’s action on June 23, 1998); 4) Hear all (including the Local Facilities Management Plan) a
take action on all. However, if this project is heard, then it would be advisable to condition all of 1
resolutions to say, “any action taken at this time will be subject to the City Council’s granting of permissi
to prepare the Facilities Management Plan.” Mr. Wayne further recommended that this be acted up(
first, to determine whether or not there will be a Public Hearing on this date.
Chairperson Noble asked for comments from the Commissioners.
Commissioner Compas stated that he favors Option No. I, to continue this application to July 1, 19!
until after the City Council has taken action on the petition. Additionally, he continued, he would like to st
this application continued to a time when there is a full Commission present. Commissioner Comp’
further added that Cornmissioner Nielsen (absent) is very interested in this project and would like to
present for further hearings.
Commissioner Welshons asked Project Planner, Brian Hunter, if there are any particular time constrair
on this project, that would require it to be heard immediately.
Mr. Hunter replied that there are no time constraints, from a state law standpoint, and that legislati
actions take it outside the City’s streamlining constraints. In this case, however, the applicant is anxio
to proceed.
Commissioner Monroy stated his support for Option No. 1, to continue to July’l, 1998.
Commissioner Savary stated that she would prefer Option No. 2, to hear all and take action on all exce
the LFMP, at this time.
Commissioner Heineman agreed with Commissioner Compas regarding Option No. 1 and also agrec
that all seven Commissioners should be present.
Chairperson Noble also agreed with Commissioners Compas, Monroy, and Heineman, in that they shoi
exercise Option No. 1, a continuance to July 1. 1998. He added that he feels it is not correct to act upon
part of this application which is still pending before the City Council.
Commissioner Welshons agreed with Commissioners Compas, Monroy, and Heineman, and Chairpersc
Noble in their choice of Option No. 1.
MINUTE
PLAN N i NG COMMl SSI 0 t@ June 17, 1998 0 Pagc
Chairperson Noble asked the applicant, Bill Hofman, to approach the podium and asked him if he had i
comments.
Bill Hofman, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, Carlsbad, stated that th
would like to go forward tonight as there has been a lot of time, money, and effort expended in the p:
two to three years.
Mr. Hofman, with the aid of an overhead projection, explained the basis of the petition to the City Counc
He stated that they have visited the majority of neighbors to this project, to ascertain who is in favor oft
Finance Plan being prepared and those who are not. The greater percentage of the neighbors have
signed the petition that is now before the City Council. He also stated that there are several vert
agreements to the petition with written petitions to follow. Most of the remaining neighbors have not be
available for comment while a few neighbors are in disagreement with the preparation of the Finan
Plan. One neighbor stated that she is not in opposition to the project but is unwilling to sign anythi
regardless of what it is.
Mr. Hofman stated that they had met with the five City Council Members and there was no objection
having this project heard at this time because most of the neighboring property owners have agreed, I
their signatures, to have the Finance Plan prepared. He pointed out, however, that they understood th
there would be a condition placed on the project if it were approved at this time.
Chairperson Noble, for the record, stated that he has been a member of the Planning Commission fc
nearly eight years and that he has never been asked how he is going to vote or why he voted a particuli
way. He further stated that the decisions of the Commissioners’ are their own and each Commissionc
makes his or her decision based on fact and what is best for the community.
ACTION: Motion by Commissioner Heineman, and duly seconded, to continue this item t
the next regular meeting of the Planning Commission on Wednesday, July ’
1998, pending action by the City Council.
Noble, Heineman, Monroy, Welshons, and Compas
VOTE: 5- 1
AYES:
NOES: Savary
ABSTAIN: None
0 e
CONTINUED PUBLIC HEARING:
1. EIR 98-011GPA 96-011ZC 96-011SP 19O(B)/LFMP 87-1 S(B)/CT 96-02/SDP 97-021PUD 96-02/HDP 9(
021SUP 96-011SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK - Request for the certificatio
of an Environmental Impact Report, and approval of Candidate Findings of Fact, a Statement (
Overriding Considerations, and Mitigation Monitoring and Reporting Program, a General Pla,
Amendment, Zone Change, Specific Plan Amendment, Local Fac es Management Pla
Amendment, Tentative Tract Map, Site Development Plan, Planned Development Permit, Hillsidl
Development Permit, and three Special Use Permits. This project entails the subdivision of a 39.
acre parcel into 172 single family lots, a multi-family lot and 1 open space lot and the development c
172 market rate single family homes, 50 affordable apartments, and 28 second dwelling units. Th
project also includes the mass grading of the adjacent 17.6 acre commercial site across future Colleg
Boulevard and its use for the storage of recreational vehicles per the requirements of the Plannec
Development Ordinance. The project site is generally located at the northeast and southeast corner o
the intersection of El Camino Real and College Boulevard in the Offke/General Commercial/Limitec
Control Zone in Local Facilities Management Zone 15.
Assistant Planning Director, Gary Wayne, introduced this item and stated that Senior Planner, Brian Hunter wiI
present the staff report and will be assisted by Ken Quon, project engineer.
Project Planner, Brian Hunter, presented the staff report by first giving an overview of each of the multiple
applications for the project and also reviewed the history of this project. Mr. Hunter also showed some slide:
indicating the location of the project and how it fits in with the immediate surrounding areas. Mr. Hunter pointec
out that through the General Plan EIR, produced in 1994, it has already been determined that there arc
significant unmitigable impacts to air quality and traffic and circulation based on a cumulative regional basis.
Some of the lots will require a sound wall to achieve noise mitigation. The originally intended use for thi:
property was commercial. The 17 acre portion of the property, west of College Boulevard, will at some time in
the future be developed as commercial. In the meantime, that commercial property will be graded and then
maintained as a recreational vehicle storage area for the Sunny Creek project. The residential project will be
composed of 172 single-family lots, a multi-family (three building, 50 unit apartment complex) and the
development of 28 second dwelling units within the single-family part of the plan. Regarding density, the
project proposes a General Plan Amendment to Residential High Density for the apartment site and a
Residential Medium Density for the single-family portion.
Mr. Hunter stated that the driving reason for staffs support of the General Plan Amendment is twofold; 1) the
property is topographically distinct from the non-residential properties adjacent and across from it; and, 2)
area can be developed and therefore it is necessary to provide the essential housing that Will Ultlrilatdy SUppOfl
a commercial center. in addition, the over-riding reason is that this project does make sense from a planning
standpoint.
commercial centers require an adequate number of homes to be established in the area before the Commercial
MINUTES
PLANNING COMMISSION 0 July 1, 1998 e Page
The proposed Specific Plan Amendment rescinds the Sycamore Creek Specific Plan. Presently the land L element Of the General Plan requires any development to receive a discretionary approval which is within j
airport influence area. Therefore, by rescinding this Specific Plan, no discretionary review of this plan will
taken away. The significance of this change is that it changes the review level from the City Council to t
Planning Commission and unless there is an appeal, the Planning Commission would be the final decisi
makers on the Site Development Plan for the future commercial site. Also, without the Specific Plan, what t
development standard are going to be must be established. The existing Specific Plan was adopted
ordinance after the El Camino Real standards were adopted, and it is staffs opinion that the Specific PI
the Specific Plan it may be necessary to go back to the El Carnino Real Corridor standards as there may
some desire to go back and amend them and the reason for that is two-fold; 1) because the corridor standari
speak to a commercial or non-residential development rather than the proposed residential development; ar
2) staff believes that the corridor standards have already been amended once by the existing Specific Plan ai
the corridor standards are much more restrictive on what can be developed. The Local Facilities Manageme
Plan provides a Finance Plan and a school condition that the school district has agreed to.
Also, on Tuesday, June 30, 1998, the City Council authorized the preparation of the Zone Plan and the Finan
Plan.
The Planned Unit Development is required because approximately 118 of the 172 lots are less than 7,5(
square feet with an average lot size slightly over 6,000 square feet.
Any apartment project of more than four units, and all affordable housing projects of any size are required
file a Site Development Plan. It is also the instrument that allows development beyond the growth control poi
but still within the General Plan Land Use range. The proposed apartment site is within the range but it
above the growth management control point.
The fill from the residential site will be exported to the commercial site for future use. There is a potential fc remedial grading as well as grading for College Boulevard and El Camino Real. The adjusted grading volum
for the residential site is 7,500 cubic yards per acre which is acceptable under the previously existing Hillsid
Ordinance. This application for this project was complete prior to the effective date of the newly revise
Hillside Ordinance. Therefore, it was reviewed under the previous version of the Hillside Ordinance and is i
total accord with that ordinance.
There are three special use permits; one for the El Camino Corridor and two for development in the flood plair
Both the commercial site and the apartment site are being raised out of the flood plain.
A letter from the Rancho Carlsbad Partners Association has been received (a copy of which is on file in th
Planning Department) stating that they have resolved all of their issues with the developer and are in fl;
support of the project.
A letter from Mr. & Mrs. Robert “Pat” Kelly has been received (a copy of which is on file in the Plannin!
Department) expressing their concerns regarding the grading and the access. In response to their letter, staf
believes that there is nothing that will affect the Sunny Creek Road access on or to the Kelly property.
However, it is expected that at some time in the future, Sunny Creek Road will possibly become a right in an(
right out only. The grading meets the City Ordinance and, in staffs opinion, it does not preclude potentis
fUtUre aCCeSS to College Boulevard if that can be so attained through good design of some kind of discretionar
action by the Planning Commission and potentially, the City Council. Currently there is no access to futurc
College Boulevard from the Kelly property.
Regarding the financing plan, Assistant City Engineer David Hauser, stated that it is his understanding that Mr
& Mrs. Kelly’s concern is that the financing plan is non-specific and open ended with regard to the financing o
College Boulevard and Cannon Road. The financing plan basically states that those within the Zone If
boundaries, in Development Areas No. 1, 2, 3, and 4, are responsible for the financing of College Boulevarc
between El Caminti Real and Reach 3 of Cannon Road. Financing plans typically do not get into the issue o
saying exactly how much money each property owner, within the zone, is going to be responsible for and is
something that follows, later on, as the properties develop. The Zone Plan usually sets up a requirement for
overrides the Corridor standards which were only adopted by Resolution. In this case, with the rescission
MINUTES
PLAN N I NG COMMISSION 0 July 1, 1998 e Page ’
what improvements need to be financed with the development of the zone and the Finance Plan says wt
mechanism is there and who is responsible for financing of it. In this case, there will be some type of finan
program that will most likely be a bridge and thoroughfare district, although that has not been specifically stat1
in the Zone Plan financing. It, specifically, has to be a Bridge and Thoroughfare District or a Commun
Facilities District or an Assessment District or a private funding arrangement by the property owners. AI:
there are other zones that have overlapping financial responsibilities for the construction of the abo
mentioned roads. In the recently approved Capital Improvement Program budget, the City has includm
funding for the preparation of preliminary engineering and environmental studies for College Boulevard a
Cannon Road and a preparation of a fee study report and, ultimately, the establishment of some kind of a F
District for the financing of the two roads. At that time, the City will know exactly what the cost of those roa
will be. As for the concern that the approval this Finance Plan will set up a blank-check for the residents, th
is only true for those who are prepared to go forward with a development at this time and that would be tl
developer of the Sunny Creek project. The condition states that if they wish to go through with tl
development, they will build their portion of College Boulevard (across the project site) and in addition, they VI
enter into an agreement whereby they will agree to pay whatever their fair share of the overall cost of not or
the portion they have built but the portions that extend out to Reach 3 of Cannon Road.
The other concern expressed by the Kellys, is that they feel that they should have an idea of whether tl
spread is going to be based on ADT, frontage, population, acreage, etc. Again, that is left to the Assessmf
Engineer who will prepare the report and figure out the best way to make the spreads based upon tl
requirements and the needs of the properties for the road(s). The most likely scenario for funding this is
Bridge and Thoroughfare District and would be based upon ADT and there would be a frontage component.
Employing the use of overhead projections, Mr. Hauser identified each zone and explained the participation (
non-participation) of each zone in the financing plan.
Regarding a letter from Randall B. Klotz, Attorney at Law, (a copy of which is on file in the Plannir
Department) representing Mrs. Ida Kato. Commissioner Compas asked staff to respond to the concerr
expressed in the letter.
Mr. Hunter stated that he had just been given the letter from Mr. Klotz and asked if his response could t
delayed until after he was able to read it.
Commissioner Compas complied with Mr. Hunter’s request and went on to ask staff to respond to Mr. Kelly
concern regarding the grading that he feels will preclude him from connecting his property to College Bouleva
from Sunny Creek Road.
Mr. Hunter replied that Mr. Kelly’s assumption is incorrect and that nothing is being done, at this time, that w
preclude Mr. Kelly from accessing College Boulevard and there is not yet a completed approved plan on thi
site. He further stated that Mr. Kelly’s concern is not premature, however, the resolution of his concern
premature.
Referring to a number of exhibits, Mr. Hunter pointed out, described, and explained where each developmei
site is located, the elevations, grading, landscaping, setbacks, the “Z lot concept, etc.
Commissioner Monroy asked Mr. Hunter to state the change in the ADT, between the approved commerci
site and the proposed project.
Mr. Hunter replied that the current approved commercial site was 12,496 ADT, and with the proposed projec
the ADT is 2,188 with a difference of 10,308 ADT that will not be generated by the proposed project.
Commissioner Welshons asked how much private recreation space each unit will have and how much commo
area recreation space is provided.
Mr. Hunter indicated on the exhibits, the private space on each of the “Z” lots which more than meets th
minimum requirement. As for the common passive recreation requirement of the Planned Developmei
Ordinance, Mr. Hunter indicated one large open space lot and stated that it is his understanding that th
applicant is going to propose some additional open space at the end of C Street and D Street.
MINUTE
P LAN N I N G CO M M I SS IO N 0 Page
Regarding the apartment units, Commissioner Welshons asked if they are intended to be affordable housi
and Mr. Hunter replied affirmatively.
Commissioner Welshons asked if there will be any covered parking for the apartments, to which Mr. Hun
replied that there would not be any covered parking.
Commissioner Welshons asked if staff, at any time, has asked for one-story units in the single-family portion
the development, in an attempt to break the monotony of the line of sight.
Mr. Hunter replied that staff commonly asks for one-story, but because of the smaller lots, it would
extremely difficult to place a one-story. Also, the market value of a one-story is a concern for the developer.
Commissioner Welshons asked how parking, for the second dwelling units, will be provided.
July 1, 1998 0
Mr. Hunter replied by stating that the garage beneath the second dwelling unit will provide the parking and i. separate from the main house.
Along the scenic corridor of El Camino Real, Commissioner Welshons asked Mr. Hunter to address what ki
of parkway exists, the setback, and who will maintain it.
Mr. Hunter stated that the parkway (typically five feet), between the sidewalk and the property line, will
maintained by the Home Owners Association.
Where the retaining wall begins on El Camino Real and meets College Boulevard, Commissioner Welsho
asked Associate Engineer, Ken Quon, how wide the parkway will be.
Mr. Quon replied that there will be five feet of parkway between the sidewalk and the outside face of tt
retaining wall.
Commissioner Welshons asked who will own the slopes (behind those back yards that have slopes), and wt
will maintain them.
Mr. Hunter referred to an exhibit and pointed out the lot lines and slopes and stated that the slopes will be tl
responsibility of the owner.
Commissioner Welshons then asked if there is any requirement as to how the slopes are to be maintained, 4
will the use of the slope be left to the owner’s discretion, meaning; will they be able to plant a garden, make tk
slope ornamental, etc.
Mr. Hunter replied that the landscape plan shows mixed ground cover and a variety of trees and the slopes u
be landscaped to the Landscape Manual standard.
If she were driving west on College Boulevard, Commissioner Welshons asked what her view of the Terraa
would be.
Mr. Hunter stated that she would see the homes first, then slopes of varying heights, and a woodlands area, E
of which Mr. Hunter indicated on the exhibits.
Commissioner Welshons asked the same question with regard to driving north or south on El Camino Real.
Mr. Hunter again indicated on the exhibits, some of the slopes that will be visible, and stated that at som
points, very little will be visible.
Commissioner Welshons asked what the City’s residential cul-de-sac policy is and how this project meets thi
policy.
Mr. Quon replied that the cul-de-sac can be no greater than 1,200 feet and cannot exceed 50 units. T
accommodate the cul-de-sac standard, the City has allowed a wider street section at the entrance street wit
MINUTE:
PLANNING COMMISSION 0 July 1, 1998 a Page
the cul-de-sac beginning at the end of the widened street. He pointed out that the City is constrained to provi
a second access to this project because the City does not want to grant access on College Boulevard or
Camino Real and the project is also constrained by the creek to the north as well as a non-residential area
the east.
Commissioner Welshons asked how the wider street get 172 units and 28 second dwelling units out of there
the event of an emergency.
Mr. Quon replied that the wider street section at the entrance provides emergency access to emergen
vehicles and at the same time allows residents to exit the project.
Commissioner Welshons asked Mr. Hunter how many vehicles can get through the gate at one time.
Mr. Quon stated that they are not aware of the details of the width of the gate but that the street is wide enou!
to accommodate an emergency vehicle and a car passing each other.
Mr. Hauser explained that the way the cul-de-sac standard works is that it basically states that if there is a 1
foot curb to curb street, 1200 feet and up to 50 units is allowed. Anything more than that requires a secoi
access opening into the project or the entrance street can be widened. The standard states that if there is
wider street (a secondary arterial street), up to 3,000 ADT are allowed. He added that the cul-de-sac standa
has been reviewed by the Fire Marshal and has been found to be acceptable to their needs as well.
Commissioner Welshons asked Mr. Hunter if he is aware of what the income level, or target market, for th
project is.
Mr. Hunter deferred that question to the applicant.
Commissioner Welshons asked if there are any city trails that go through or are in proximity to this project.
Mr. Hunter replied that the citywide trail system does not go through this area.
Referring to a portion of the staff report that indicates that the proposed project includes a sidewalk syster
which will provide links to future pedestrian trails and bike trails, adjacent to this site, Commissioner Welshor
asked Mr. Hunter to show (on the exhibit) where this statement is satisfied.
Mr. Hunter indicated a trail along the creek and stated that this project is only providing the sidewalk linkage!
to those trails.
Commissioner Welshons asked Mr. Hunter if he would agree that these homes are being provided 1
accommodate a lot of the people that are working in the businesses on the west side of El Camino Real in thl
Industrial Zone.
Mr. Hunter replied that that is quite possible as there is a jobslhousing imbalance, currently, that the City woul
like to correct.
commissioner Welshons asked how the residents will exit the project if they wish to catch a NCTD bus. Alsc
if there is a certain income level, are there ways to get through the project and out to El Camino Rea) c
College Boulevard, without driving.
Mr. Hunter replied that A Street is presently the main entrance and exit point, whether walking or driving. HI
added that it is his understanding that the applicant will be proposing a secondary pedestrian access but tha
he has no details.
Commissioner Compas asked what portions of this project will be maintained by the Home Owner
Association.
Mr. Hunter replied that the applicant will address that question during their presentation.
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PLAN N I NG COMMISSION a July 1, 1998 e Page
In describing the view, traveling down College Boulevard, Commissioner Heineman asked Mr. Hunter if wt
will really be in view are roofs.
Mr. Hunter replied that how much of the roofs will be visible will depend upon where the landscaping is and i
maturity. He added that in the beginning, roofs will definitely be visible. In some areas, because of the varyi
pad elevations, the edges of some of the buildings (below the roof) will be visible and in some cases only t
roofs will be visible.
Commissioner Nielsen asked if SP 190(B) effectively does away with the Specific Plan and removes it from tl
review of City Council and subject to the view corridor on El Camino Real.
Mr. Hunter stated that the ordinance that adopted the Specific Plan came after the El Camino Real Corric
standards (adopted by Resolution rather than by Ordinance) and staffs interpretation is that the City Counci
intent therefore, was that the Specific Plan was the governing document as far as development standards.
this case, with the recision of the Specific Plan, all that is left is the zoning and the rules that exist in t
General Plan and the Zoning Ordinance. Within the General Plan, it states that any project within the Airpr
Influence Area (this site is within that area), requires a discretionary action and a Site Development Plan
typically how that would be done. The recission of the Specific Plan, which is part of this project, and by tt
Commission's approval of that recission, City Council review is then taken away from the commercial settin!
Additionally, this project would be subject to the El Camino View Corridor standards.
Commissioner Savary asked how infill is stabilized in the flood-plain to make it absolutely safe.
Mr. Hauser first explained the difference between a flood-plain and a flood-way. The flood-way is generally tl
area that takes most of the drainage. The definition of a flood-way is that if all the area is filled up to its lim
the increase in the level of the water in the flood-way is one foot. Typically, when one is looking at are:
around flood-plains, there are no fast moving waters and are instead one is looking at a backwater area, whic
is the case in this project. The applicant is required to do hydrology and hydraulic analysis to show, whether (
not, there are erosive velocities where they are putting fill in an area. If there are errosive velocities, then tt-
developer would be required to have armoring, such as rock, rip-rap, etc., of the slope. If there are no errosib
velocities, then the developer would be allowed to plant the are which would provide protection from lo
velocity water.
Commissioner Savary, pointed out that the EIR says that in-fill areas must be stabilized and asked exactly ho
that is done.
Mr. Hauser replied that it is done through engineering analysis which address the flooding conditions before th
development and by the requirement for a hydrology analysis that shows the velocities of the water by the edg
to the side slope that would prevent the fill from being washed away.
Commissioner Savary explained that she was referring to the terraced land and stated that she wants som
assurances that if an affordable housing development is approved in a flood-plain, that it is properly protected.
Mr. Hauser replied that staff believes that the data shows that the area will be properly protected and that i,
final design, it will be set up to make sure that there will be no washouts due to flooding.
For clarification, Commissioner Monroy asked if he is correct in his understanding that if the Commissioi
rescinds the Specific Plan for the approved commercial project, that recission would be subject to appeal b
the City Council and/or by the applicant.
Mr. Hunter replied that the Commissioner's understanding of the recission is correct.
Applicant, Bill Hofman, Hofman Planning Associates, 2386 Faraday Avenue, #120, Carlsbad, representing th
developer, Russell Grosse Development Co., described the project as follows: The proposed project is tht
result of approximately three years of planning and they believe it to be both desirable and innovative and wil
be a real attribute to the City of Carlsbad. As mentioned in the staff report, over time it has become apparen
of the fill. If the velocities are higher than 6 feet per second, then the City would require some kind of treatmer
that the currently approved commercial project is not the best use for this property as there is more that
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PLANNING COMMISSION 0 July 1, 1998 0 Page 1
enough property still available to accommodate future commercial development in the areas near the Gros:
project. They feel that a residential use with an R-M designation makes much more sense. With the R-
designation they are able to locate moderately priced units in close proximity to a commercial center, to jc
centers in the industrial core, and to public transportation. In addition to the goals pointed out in the st:
report, the primary goal of the residential section of the Land Use Element is: I) to provide a variety of housir
types and density ranges to meet the economic and social requirements of the residents of the city; 2)
attractive residential areas with a wide range of housing types, styles, and price levels in a variety of location
This project helps the City accomplish these goals and objectives. Also, by changing the land use
residential from the previously approved commercial project, traffic will be reduced by 82% thereby alleviatir
some of the congestion problems at the intersection of Palomar Airport Road and El Camino Real.
Regarding density and the views from El Camino Real, the density of this project is about 6 dwellings per acr
This density includes the 28 second dwelling units disbursed throughout the project. The perceived density \1~
be about 5 dwelling units per acre. This project is actually at a lower density than most of the resident;
projects that have been approved in past R-M designations. The minimum distance between dwelling units ~
15 feet and in many cases there is a 20 foot separation and effectively eliminates the need or the requiremei
to drop a unit when there are more than ten units in a row. The average lot size is 6,800 square feet.
The grades of the project terrace down toward Sunny Creek Road and at the corner of College Boulevard ar
El Camino Real, where the grade levels meet, there will be a berm and a sound attenuation wall wii
landscaping and any view of roof tops will be virtually eliminated in Sections A & B, (as shown in exhibits) ar
the view line will be right over the tops of the units in Section C (also as shown in exhibits).
The lack of active recreation facilities, on the single-family portion of the site, is an attempt to keep homeownc
fees to a minimum for future residents. However, there is room to provide additional active recreational area
and are thus proposed for three separate areas; 1)a pad area of 11,890 square feet that could be turned intl
an active recreational area for volleyball, picnics, barbecues, etc.; 2) another pad area of 4,430 square feet th2
could potentially be a Tot Lot; and, 3) another area of 4,500 square feet at the end of C. Street. Also there i
an area at the end of one of the cul-de-sacs that could be turned into an active recreational area, such a
another Tot Lot. Grosse Development Co., will be more than happy to provide those recreational areas if th
Commission so desires.
A pedestrian access to the intersection at College Boulevard and El Camino Real would certainly be a benef
to the community. The concern has been for noise attenuation and the security of the project. If the Plannin:
Commission desires, however, the developer will not object to providing that access and envisions that acces:
as going through, approximately, where Lot #33 would be.
Carl W. Lagoni, AIA, 2031 Orchard Drive, Newport Beach, with the use of the exhibits, explained the concept o
the Z lots in detail and stated that, as designers, they need to be very. sensitive to the living environment the]
provide for potential buyers and the Z lot is a very good way to accomplish that goal.
Mr. Hofman concluded his presentation by requesting that the Commission approve this project as presented.
Commissioner Monroy asked Mr. Hofman to clarify what he meant when stating that these homes will be in thc
moderate price range.
Mr. Hofman replied that the prices of these homes, as originally conceived, are projected to be in the low to mic
$200,000 range and the square footage will range from 1,600 to 2,000 square feet, the average beins
approximately 1,800 square feet.
Commissioner Compas expressed his concern for the maintenance of the El Camino Real and COlleg€
Boulevard slopes and parkways and asked who is going to maintain them and how they are to be maintained.
Mr. Hofman replied that the maintenance of all of the slopes shown on the exhibit that are landscaped, and the
front yards, will be planted and maintained by the Home Owners Association.
Commissioner Welshons. referring to one of the exhibits, asked what is going to be in the blank white space
achieve a variety of safe and attractive housing in all economic ranges throughout the city; and, 3) to offer saf'
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PLANNING COMMISSION 0 July 1, 1998 0 Page
that abuts one of the apartment buildings.
Mr. Hofman stated that that property is owned by Rancho Carlsbad and it is not known what they intend to
with it. Also, College Boulevard will be going through there, separating the apartment building from the rest
the property. He added that there will be fences and landscaping around the apartment complex and i
setback appears to be a minimum of 15 feet and a maximum of 20 feet.
Commissioner Welshons asked Mr. Hofman to verify, again, that ail of the slopes behind each residenct
fence will be accessible to a gardener(s) so that all of the maintenance can be done at once because that is
common area and the Home Owners Association will maintain it.
Landscape Architect, Steve Valles, 3366 Newcastle, Cardiff, referring to the landscaping exhibit explained tt
the parkway on College Boulevard is a common area, slopes up to a fence or wall are common, slopes fort
interior back yards will be the responsibility of the property owner. He pointed out two large areas that are t
exception and will be maintained by the Home Owners Association.
Commissioner Heineman questioned the wisdom and the expectation of leaving the maintenance to t
individual property owners, primarily because some of the slopes are very long, narrow, and steep.
Mr. Hofman stated that this is no different than many other communities whose owners maintain their ob
properties.
Commissioner Heineman stated that he feels that it is most impractical to expect that a property owner v
allow the Home Owners Association to dictate what he can or cannot do in his own front yard, even if the Hor
Owners Association is going to maintain it.
Mr. Hofman responded by stating that their concern is the slopes that are visible to all home owners will I
under the control of the Association so that no one can decide not to water his lawn or cut down trees whi
would make for a very poor appearance in the subdivision.
Commissioner Nielsen asked Mr. Hofman if the parkway along El Camino Real is the 5 foot wide str
mentioned earlier as going to be maintained by the Association, and the rest of the slope on the other side
the wall as going to be maintained by the homeowner.
Mr. Hofman replied affirmatively.
Mr. Valles interjected and stated that the slopes are not grass. They are a low maintenance erosion contr
landscape of ground cover, trees, and shrubs. Also, he continued, the developer is installing all of th
landscaping and irrigation and it will be turned over to the property owner, already established.
Commissioner Compas asked what would happen if the Commission decided that all of the slopes have to I
maintained by the Home Owners Association.
Mr. Hofman stated that their position would be that they don’t think that is necessary but if that were made
requirement, they would abide by it.
Regarding the Z lot, Commissioner Nielsen asked if the 5 foot easement produces a zero lot line for tt-
adjacent house.
Mr. Lagoni replied that the lot line is described, with the easement over it, and there is a reciprocal us
easement that grants the additional use of that 5 feet.
Mr. Hofman pointed out that one of the advantages of this configuration, on a typical zero lot line where tf
property line is right at the house, overhanging eaves and windows are not allowed on that side of th
structure. In the case of Z lots, opaque windows to allow more light into the house and overhanging eaves a1
allowed.
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PLAN N I NG COMMISSION 0 July 1, 1998 0 Page
With regard to the zero lot lines, Commissioner Savary asked how one property owner keeps the neighbors c
of his back yard.
Mr. Hofman replied that there is no access available to the neighbor on that side of his house and there will I
a fence where the lots touch beyond the back of the house. Those fences will be installed by the developer.
Commissioner Nielsen asked who maintains the 5 foot easement and is it the person that is enjoying tl-
easement.
Mr. Hofman replied that the Commissioner is correct, however, he would have to see to it that any landscapi
would have to be kept far enough away from the neighbors house, so as to enable the neighbor to make a
structural repairs or maintenance to his home, whenever necessary.
Commissioner Compas asked if that landscaping restriction will be in the CC&Rs and Mr. Hofman replit
affirmatively.
Chairperson Noble opened Public Testimony.
Randall B. Klotz, Attorney at Law, 701 B Street, $1255, San Diego, representing Mrs. Ida Kato, reviewed, l
detail, the letter written on behalf of Mrs. Kat0 (referred to earlier by Chairperson Noble, and is on file in tl-
Planning Department).
Regarding the statement that Ms. Kat0 would only have 33 usable acres out of her 64 developable acre
Commissioner Compas asked who told her that.
Mr. Klotz referred to an attachment from Grosse Development (attached to the letter from his office on record
which is a compilation of figures and which Ms. Kat0 interpreted to mean that if another Grosse Developmer
plan for the development of the rest of Zone 15 is approved, she will lose 31 acres of her land.
Commissioner Compas asked if Ms. Kato has discussed this with the Planning Department.
Mr. Klotz stated that Ms. Kat0 just found out about this future development but has known, for some time, th:
Grosse Development wants to designate some of her property as open space, possibly as much as - of he
property. Now, he added, it appears that that number is closer to 50%.
Robert "Pat" Kelly, 2770 Sunny Creek Road, Carlsbad, referring to his letter to the Commissioners, dated Junc
22, 1998, (referred to earlier as being on file in the Planning Department) stated that he has a problem wit1
every one of the items requested to be approved for this project. He implied that Grosse Development Co.
has been allowed to use a variety of standards (whatever is convenient at the time) for his past development
as well as this proposed development, and he considers this to be unfair. Mr. Kelly objected to the proposei
recision of the Specific Plan, for a variety of reasons, and proposed that if that recision is approved, then a
properties within it's province should be open to review and subject to current City standards. He suggestec
that the Commission go back and take a look at what was approved in 1983 or 1984 for the commercia
project, they will find that this project is encroaching on many of the areas along the creek that they hac
already agreed not to encroach. He directed the attention of both the Commission and staff to the Vegetatior
Map for the Study Area of the 1983 EIR, which shows the kind of vegetation that needs to be protected bu
which disappeared sometime during this process. He suggested that there has been no mitigation for that anc
that it is being taken advantage of. Mr. Kelly reiterated his claim that the grading will adversely affect hi2
property, in several ways, one of which is access. He also stated that he has concerns regarding the Finance
Plan. He asked that the Commission take a closer look at the grading proposed for the commercial portion of
this project, with regard to the El Camino Real Scenic Corridor standards. Mr. Kelly stated that he is noi
against the residential development, however, he feels that there is just too much grading that has to be done
and, in his opinion, the dirt from the residential grading being taken to the commercial site (future development: for fill, is just another name for stockpiling.
Mike Churchill, 5200 El Camino Real, Carlsbad, representing Rancho Carlsbad Partners, owners of the
Rancho Carlsbad Mobile Home Park, referred to a letter from Rancho Carlsbad to the Commission, dated June
2, 1998 (a copy of which is on file in the Planning Department). Each of the nine items listed in that letter have
MINUTES
PLAN N I NG COMMISSION e July 1, 1998 0 Page,
been addressed and all of the issues concerning this proposed project have been resolved to the compk
satisfaction of the Rancho Carlsbad Partners.
In response to the letter from Randall Klotz, Mr. Hofman pointed out that Mr. Klotz was incorrect in !
statement, regarding increased density, that the plan changes the zoning on the project from Qffic
hnrnercial to High Density Residential. The zoning will, in fact, change to Medium Density Residential a
there is no truth to Mr. Klotz’s statement that the increased density will increase the need for open space ai
lower the density on remaining Zone 15 properties. Mr. Hofman stated they are changing the General PI;
Designation, only on the Grosse property and there is no change to land uses as part of this application. WI
reference to the assumption that the future development of the remainder of Zone 15 will take 50% of MI
that at some time in the future she might wish to join in on a Master Development that would be a golf cour
development which has been in the talking stages for several years. To date, there is no application and the
is no project; it has just been talk. There is no impending loss of development rights on her property. h
Hofman further stated that there is nothing to prevent Mrs. Kato from developing her property or selling i:
property to a developer. If she were to develop, she would not lose any density. However, she would have
comply with the City’s overall Habitat Management Plan which contemplates an open space corridor throu:
her property but that is subject to negotiations with the City, Fish & Wildlife Service, and with the Department
Fish & Game.
Regarding grading and the allegation that the grading is inconsistent with the El Camino Real Scenic Corrid
Development Plan, Mr. Hofman employed the use of some overhead projections to compare what the visu
effect on the corridor will be with the completion of this project as opposed to what it would be if the alreac
approved commercial project were to be built. This project is much more sensitive to the scenic corridor.
Regarding the allegation that they are applying for Special Use Permits to allow for grading and encroachmei
into the Agua Hedionda Creek bed, Mr. Hofman stated that the allegation is positively not true. He furthc
stated that they will be encroaching, slightly, into the flood-plain. He referenced Mr. Hauser’s definitions I
flood-plains and flood-ways and also pointed out that the EIR covered this topic quite extensively and that
has been mitigated to a level of insignificance. Mr. Hofman further stated that this project has been throus
rigorous reviews by the Fish & Wildlife Service and the California Department of Fish & Game and the
approvals have been received.
As for cumulative impacts with regard to the golf course project, which has been talked about for several year
but has not yet been submitted, Mr. Hofman stated that Grosse Development would love to go ahead with th;
project but he cannot do it without the cooperation of all of the property owners. The bottom line is that if MI
Grosse does not get that cooperation, the golf course project will not happen. The EIR cannot addres
cumulative impacts for the golf course project because it is a phantom project which does not yet exist.
Addressing concerns regarding the Finance Plan, Mr. Hofman stated that none of the property owners, who ar
not developing, will be subject to any financial requirements, at this point, until the time they develop. The
Finance Pian was set up to be a fair share plan ensuring that only when or if other properties are developed WI
they be required to pay for a fair share of the improvements.
Regarding Mr. Klotz’s reference to infrastructure, Mr. Hofman pointed out that the plan very clearly states all c
the zone obligations and there may or may not be fees assessed depending upon what type of district will bi
there.
As previously stated, for the record, Mr. Hofman once again gave assurance that Grosse Development wilt nc
seek reimbursement for this pian, from any other property owners in Zone 15.
Regarding Mr. Kelly’s concern with the grading plan, Mr. Hofman stated that in comparing the grading plan fc
the already approved commercial center with the grading plan for this project, they found that they are virtuall
identical. The grades are within .5 foot contour and is no different than what has already been approved forth
site. Mr. Hofman pointed out that Mr. Kelly left the impression that the fill will be 13 feet above the streets
which is not the case and indicated that the commercial site, after grading, will actually be below the level o
the grade of the street. However, at the west end of the site, the grade will rise to about 4 feet above the stree
level. The grading is well within the limit of the City’s standard of 8,000 cubic yards per acre with 7,500 cubic
Kato’s usable property, Mr. Hofman stated that there has been some discussion with Mrs. Kato, suggestii
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PLANNING COMM l SSl ON e July 1, 1998 0 Page :
yards. The City actually allows up to 10,000 cubic yards per acre with findings and this project is below t
level where it has to make findings.
Commissioner Welshons, referencing the letter from Mr. Klotz regarding the taking of a portion of Mrs. Kat(
land for future development, asked Mr. Hofman if he or any member of his firm has even drawn up any plans
have they ever seen any plans for a potential golf course for that property.
Mr. Hofman replied that he andlor his associates have probably seen fifteen such preliminary plans, over mal
years, but they have not drawn any of them.
Commissioner Welshons asked Mr. Hofman to show where Mrs. Kato’s property is, in relation to the possik
future golf course project,
Russell W. Grosse, 5850 Sunny Creek Road, Carlsbad, owner and developer, stated that at one time he h
Mrs. Kato’s property under option when they were doing some design work. Her property is up tight to Squirc
Dam and is bounded by Oceanside on the other side. He further stated that, with Mrs. Kato’s consent, he diG
biological analysis of the entire property and found that there is a major critter corridor that runs through h
property and that is where the major concern lies in trying to develop a major concept for the over,
development of the area.
In response to Commissioner Welshons’ question asking who prepared the previously mentioned figurl
attached to Mr. Klotz’s letter, Mr. Grosse stated that is was his company’s biologist that prepared those figurl
based on their conversations with the City and in keeping with the HMP proposed plan, the Department of Fi!
& Game, and the federal Fish & Wildlife Service. He added that when they prepared these figures, there was
clear understanding with the City that if the property was not developed as a unit, that each individual propel
owner would fall back and be responsible for their own property. Consequently, in the event that i
arrangement is not made with all of the property owners to work together, then each individual property ownc
stands alone and any of the work that his company has done goes away.
Commissioner Welshons asked Mr. Hofman to comment on Mr. Kelly’s reference to the 1983 Vegetation Mi
and the differences in the open space as compared to what was approved in 1984.
Using the overhead projections, Mr. Hofman explained that there is very little difference between the amount
open space then and now. He pointed out that a piece of property that was not available in 1983, has no
been acquired and is a part of this proposed project. He referred to a site on the map and explained that th
was a remainder parcel that was not open space and was zoned under the General Plan for futur
development. He further explained that the Agua Hedionda Creek divides that parcel and the portion north (
the creek will be developed at some point in time.
Mr. Wayne stated that open space is fully explained in the staff report.
Jim Hagerman, 5320 Sunny Creek Road, Carlsbad, stated that he nor his wife, Dottie, have any objection t
this development. However, they do have questions about the future shopping center, in that they hav
concerns regarding, noise, deliveries, light, etc., and pointed out that they hear noise from Callaway Golf, eve
at night. He requested that all of those factors be taken into consideration when the time is appropriate.
Another concern is with the Finance Plan in that there are or will eventually be other public uses such a
another high school and the traffic generated from it, in addition to the Water Department and their trips. MI
Hagerman asked how the City will assess the street improvements when they are regional facilities and nc
local facilities. Mr. Hagerman asked that the situation should be considered and the people in the are
certainly should be subsidized for the needs of the regional fac
Seeing no one else wishing to testify, Chairperson Noble closed Public Testimony.
Chairperson Noble stated that he has spoken to Mrs. Grosse regarding the landscaping, access, and th
widening of the entrance street and that they had not spoken on any subject that has not been discussed a
this meeting.
es traffic generators.
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PLAN N I N G COM M I SSI 0 N e Page
Commissioner Heineman also stated that he has spoken to Mrs. Grosse and that the extent of th
conversation was that he agreed to listen to what they had to say in their presentation.
Commissioner Savary stated that she, too, had spoken to Mrs. Grosse and that their conversation had be
the same as that described by Commissioner Heineman.
Commissioners Compas and Nielsen both stated that their conversations with Mrs. Grosse were the same
July 1, 1998 0
Commissioner Heinernan's.
Commissioner Welshons asked Mr. Hunter exactly what the blank white space on the map is that abuts
apartment complex in the rear.
Mr. Hunter stated that that space belongs to Ride America and will have horse corrals.
Commissioner Welshons asked what that property might be if the corrals are ever done away with.
Mr. Hunter replied that it is a flood-plain and there would have to be a development proposal before ti
question could be adequately answered.
Commissioner Welshons asked if it could ever be a site for a gas station, supermarket, etc.
Mr. Hunter replied that with the proper discretionary approvals, it could go that way. However, the constrz
that would be on that property is adjacency to the creek and depending upon what kind of a crossing device
used, there may be other constraints.
Commissioner Nielsen stated that he has problems with the overall project; 1) although it meets minimi
standards he questions whether the City really wants minimums for the scenic corridor; 2) the density; 3) 1
view corridor; 4) circulation; 5) the grading of the slopes; and 6) although it is not in the purview of t
Commission, the lack of schools in the area. For those reasons, Commissioner Nielsen stated that he can1
support the project.
Commissioner Compas stated that the many concerns he had, prior to this hearing, have been addressed
his satisfaction and he feels that this residential project is a much better approach than the commercial projf
regarding recreational space, open space, maintenance, etc., Commissioner Compas stated that he \I
support the project.
Commissioner Monroy stated that he will support the project for the same reasons stated by Commissior
Compas. In addition, he stated that he is happy to see that they propose to build something that will sell
slightly above $100 per square foot which is very reasonable for Carlsbad.
Commissioner Savary stated that she is still very much concerned about the amount of recreational spa(
even with the addition of the spaces earlier discussed, and the fact that there is only one entrancelexit for o\
500 people. She also stated that she thinks the City should stay with the scenic corridor rules and regulatic
and also that she is not absolutely convinced that the City has more than enough industrial land availal
without this particular property and that a zone change would not be right because industrial space is getti
more and more scarce and the City needs both. She further stated that she will not support the project.
Commissioner Heineman, agreed with Commissioner Compas' summation of the project. He further statc
that he feels that his initial concern, regarding density, has been adequately addressed and is to 1
satisfaction. Also, he stated that he feels that the addition of recreational areas, as outlined by Mr. Hofman,
a very good idea. Commissioner Heineman stated that he is very pleased with the agreement to have ti
that has already been approved. Alluding to the fact that the developer has agreed to all of the reque!
Home Owners Association maintain the slopes as it is extremely important in keeping the project viable. W
those points in mind, Commissioner Heineman stated that he will support the project.
Chairperson Noble-stated that he would agree that what is proposed may not be the most ideal project for t
area, but it certainly is an improvement over what was originally planned and could have been construct
there. He pointed out that just because there will some dirt piled up on the commercial portion, that does r
MINUTI
PLANNING COMMlSSlO N. July 1, 1998 0 Page
mean that it will remain there forever. As for density, Chairperson Noble stated that his home and lot
smaller than those in this project and he certainly does not feel constrained in any way. Therefore, he sta
that he will support the project.
COmtWiOnef WelShOfls stated that she agreed with all of Commissioner Savary’s concerns and that I
appreciates the concessions that the applicant has made, particularly with on the subject of the maintenai
and the pedestrian access to El Camino Real and College Boulevard. However, there are some unknob
regarding the commercial area behind the apartment complex and pointed out that if this Commission rescir
rather than going to City Council. She further pointed out that there have been several concerns raiz
regarding the fill on the property and access to other properties, and stated that she is uncomfortable accept
that responsibility without knowing more about the variables. She also stated that if the fill on the commerc
site is not going to remain there forever, as suggested by Chairperson Noble, then she feels that perhap
may be a stockpile issue. She further stated that she feels that the apartments buildings should be m
visually enhanced and that there should be more amenities to avoid the appearance of a hotel. Regarding
density of the single-family residential area, Cornmissioner Welshons stated that perhaps repetitious be
describes the designs and that she has a problem with so many homes that look identical, without anything
break the monotony. In addition, she stated that although she is not opposed to the Z lot, she would prefei
see a different product type in that area. Commissioner Welshons added that if the project is approved, thc
should be signs warning that College Boulevard is not a through street, similar to the signs that warn tl
Leucadia Boulevard does not go through to the freeway. Commissioner Welshons stated that she will de
this application without prejudice.
Mr. Hauser recommended a change in Resolution No. 4291, Page 1, Line 19, to read . . . dated June ‘
1998.
Mr. Wayne recommended that the Commission’s action in approving a new Tentative Map, when that n
Tentative Map records, that it makes that portion of the old Final Map, null and void, SO that there are not I-
Final Maps on the same property. He added that staff does not want to eliminate the parts of the earlier Fir
Map that still exists and the conditions that pertain. Mr. Wayne also stated that the applicant knows a
understands what is being recommended and is in agreement with it.
the Specific Plan with this amendment, then the approvals for the commercial project rest with the Cornmiss
ACTION: Motion by Commissioner Heineman, and duly seconded, to adopt Planni
Commission Resolution No. 4287, recommending certification of EIR 98-01, a
recommending . approval of the Findings of Fact, Statement of Overridi
Considerations and Mitigation Monitoring and Reporting Program; adopt Planni
Commission Resolutions No. 4288, 4289, 4290, 4291, 4292, 4293, 4294, 4295,42E
4297, and 4298 recommending approval of GPA 96-01, ZC 96-01, SP 190(B), LFR
87-15(B), CT 96-02, SDP 97-02, PUD 96-02, HDP 96-02, and approving SUP 964
SUP 96-02, and SUP 96-03, based on the findings and subject to the conditio
contained therein, including the following: 1) the recommendation to change the d:
in Resolution No. 4291, Page 1, Line 19, to June 10, 1998; 2) the recommendatic
that when the new Tentative Map records, it will make that portion of the old Fir
Map null and void, which will go into Condition No. 1 of the Tentative Map; and, 3) tl
errata sheet as submitted by staff.
AMENDMENTS:
AMENDMENT NO. 1 :
ACTION: Motion by Commissioner Compas, and duly seconded, to require the Home Owne
Association of the project, maintain all slopes, front yards, and common areas and 1
state in their C.C. & Rs.
Noble, Heineman, Monroy, Welshons, Cornpas, and Nielsen
VOTE: 6-1
AYES:
NOES: Savary
ABSTAIN: None
MINUTE
PLANNING COMMISSION 0 July 1, 1998 0 Page 2
AMENDMENT NO. 2:
ACTION: Motion by Commissioner Compas, and duly seconded, to require the addition
active recreational facilities as proposed, an shown in three separate exhibits, by tl
applicant.
Noble, Heineman, Savary, Monroy, Welshons, Compas, and Nielsen VOTE: 7-0
AYES:
NOES: None
ABSTAIN: None
AMENDMENT NO. 3:
ACTION: Motion by Cornmissioner Compas, and duly seconded, to require the addition of i access trail that connects to College Boulevard on Lot No. 33.
Noble, Heineman, Savary, Monroy, Welshons, Compas, and Nielsen
VOTE: 7-0
AYES:
NOES: None
ABSTAIN: None
VOTE ON THE MAIN MOTION:
VOTE: 4-3-0
AYES:
NOES: Savary, Welshons, and Nielsen
ABSTAIN: None
Noble, Heineman, Monroy, and Compas
Chairperson Noble announced that the Commission’s action on this item is not final and will be forwarded tc
the City Council for its consideration.
/
0 0 EXHIE d
1
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1 THE TERRACES AT SUNNY CREEK
Fiscal Impact Analysis
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August 10, 1998 J
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CanAm Properties, LLC
5850 Avenida Encinas, Suite A
Carlsbad, CA 92008
(760) 438-3141
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Prepared by:
Onaka Planning & Economics
P.O. Box 12565
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- (619) 535-1420
(OP/E 149)
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4 I. EXECUTIVE STJMMARY
Purpose
The purpose of this study is to estimate fiscal impacts of The Terraces at Sunny Creek,
proposed 39.9-acre, 250-unit planned residential development in the Northeast Quadrant of th
City of Carlsbad. Applications submitted to the city for this project include: General Pla
Amendment (GPA 96-01), Specific Plan Amendment (SP 190[B]), Local Facilities Managemer
Plan Amendment (LFMP 87-15[B]), Tentative Map (CT 96-02), and related planning permits
This fiscal impact study is intended to satisfy the city’s information requirements for thesc
applications.
The ownerlapplicant of the proposed project is CanAm Properties, LLC, 5850 Avenida Encinas
Suite A, Carlsbad, California 92008.
Project Description
The proDosed pro-iect will be located on a 39.9-acre site, located between El Camino Real and
Agua Hedionda Creek, immediately east of College Boulevard. The project would subdivide
the site into 172 single family lots, one multifamily lot, and one open space lot, for development
of 172 single family units, second dwelling units incorporated in 28 of the single family units,
and three apartment buildings with a total of 50 units. Adjacent to the project site are vacant
and agricultural lands. Regional setting and location of project site are shown in Figure 1-1.
In 1984, the city approved for this site a specific plan (Sycamore Creek Specific Plan) and
subdivision map, providing for the development of professional/offices, restaurants, resort inn,
and tennis facilities. This will be referred to as the previously approved oro-iect. Due to
changes in local market conditions, the proposed project would substitute a residential
development for the previously approved non-residential development. This study evaluates and
compares the fiscal impacts of both proposed and previously approved projects, although the
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OP/E 149 1 The Terraces at Sunny Creek FIS
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Figure 1-1
Oceans#de Harbor
Lake C
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The Terraces at Sunny Creek FIS 2 OP/E 149
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Fiscal Impact Study Methodology
Impact on the General Fund
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The fiscal impact study examines the effect of the proposed project on annual revenues an(
expenditures of the city’s general fund. Effects on special revenue funds and enterprise fund
are likely to be neutral, since charges would be levied on the project to cover the full cost o
services provided under these funds. Effects on capital funds are discussed in the previously
submitted application to amend the Local Facilities Management Plan for Zone 15.
Consequently, this study does not address potential impacts to the city’s special revenue funds.
enterprise funds, or the capital improvement program.
Average vs. Marginal Cost Analysis
This study analyzes average costs, based on the projected revenues and expenditures of the city’:
general fund for the new fiscal year (FY) 1998-99. When there is sufficient unused capacitj
remaining in the city’s public service infrastructure or when any required infrastructurt
improvements are fully funded, average cost analysis is more conservative than marginal cos
analysis, because revenues generated by the project are assumed to cover not only tht
incremental cost of additional services, but also a pro rata share of fixed costs such as general
government, maintenance of public buildings and grounds, and other citywide services.
Infration
Revenues and expenditures are estimated at buildout of the project, but computed in terms of
1998 dollars, except when the most recent data available are for previous years and when the
use of such data does not lead to a significant bias in the analysis.
Sunmary of Conclusions
At buildout, general fund expenditures required to provide public services to the proposed
residential project, including both market and affordable housing, are expected to exceed
revenues generated by the project by $85,900 per year. In comparison, if the previously
approved, non-residential project were feasible and developed, general fund revenues would
exceed expenditures by $39,400 per year (Table 1-1).
OP/E 149 3 The Terraces at Sunny Creek FIS
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Property taxes represent the largest source of revenues to the general fund, followed by sale
tax revenues. The largest expenditure category is public safety (police and fire protection)
followed by community services (recreation , library, and seniors programs) for the proposec
residential project and public works for the previously approved non-residential project. A
discussed below, the resort inn contemplated under the previously approved project is a for-sale
condominium facility, which is not expected to generate any transient occupancy tax.
The estimated shortfall in general fund revenues associated with the proposed project is due
largely to two factors. First, the project contains a high proportion of affordable housing, Ou
of a total of 250 residential units, 78 units, or 3 1.2 %, are. affordable. This substantially exceed!
the City’s requirement that a minimum of 15% of a project’s total housing units be affordable
Provision of affordable housing in excess of the minimum required is a condition for transferrin:
residential units to the project site from the “excess dwelling unit bank” in accordance with City
Council Policy No. 43. However, since affordable units would necessarily have low assessed
values and generate low property taxes, their presence increases the shortfall of general fund
revenues relative to expenditures for public services.
Second, in the tax rate area where the project is located (TRA 9125), the city’s share of the 1 %
property tax is approximately 13.9%. This is substantially less than the citywide average of
around 19% (based on data from the City of Carlsbad and County of San Diego Auditor and
Controller). Since property tax is the largest component of general fund revenues generated by
a residential project, differences in the allocation of the 1 % property tax have a substantial effect
on the project’s estimated fiscal impact.
As an illustration of this effect, expenditures associated with only the 172 single family, market
housing would exceed estimated revenues by $39,600 (Table 1-1). If, however, property tax
revenues were to be calculated using the city’s average share, or 19%, the estimated general
fund shortfall would decline to $14,300. Similarly, the estimated shortfall for the project as a
whole would decline to $58,200, and net surplus associated with the previously approved project
would increase to $72,200.
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OP/E 149 4 The Terraces at Sunny Creek FlS -
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Table 1-1
SUMMARY OF IMPACTS TO GENERAL FUND
ANNUAL REVENUES AND EXPENDITURES
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Proposed Project Previously
Market Market and Ap p roved
Housing Only Affordable Project
Revenues
Property Tax [I] $69,398 $76,014 $90,163
Sales Tax 36,082 52,540 41,176
Franchise Tax 6,684 9,715 5,922
Real Property Transfer Tax 3,026 3,315 3,932
24,071 Business License Tax 0 0
Vehicle License (In-Lieu) 16,507 24,036 0
Other State Subventions 1,197 1,743 0
Total $132,893 $1 67,363 $165,265
Expenditures
General Government $7,659 $11,133 $6,786 Public Safety 78,404 1 13,960 69,470 Community Development 9,455 13,743 8,377
Public Works 24,641 [21 38,124 [e] 26,344
Non-Depattmental 6,627 9,633 5,872
Contingency 12,418 18,236 9,064
Total $1 72,501 $253,311 $12591 4 a Net Surplus or (Deficit) [I] ($39,608) ($85,9491 $39,351
Community Se mice s 33,297 48,484 0
Source: Tables 11-1 through 11-7; Onaka Planning & Economics.
Note: Figures may not sum to totals as shown due to rounding.
1. Based on the city's 13.9227% share of the 1 % property tax in tax rate area (TRA) 91 25. At
19%, or the city's average share of the 1% property tax, revenues to the city would be 36.5%
higher, and the net surplus or deficit to the General Fund would be as follows:
1
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I Market Market and Previously
Housing Only Affordable Approved Proiect
Property Tax Revenues Calculated
at City's Average Share of 19% $94,706 $103.734 $1 23.044
General Fund Net Surplus or (Deficit) ($1 4.300) ($58.228) $72,231
2. Estimated expenditure for public works has been reduced by a credit of $5,091, to reflect
private (Homeowner Association) maintenance of local residential streets. ?!
OP/E 149 5 The Terraces at Sunny Creek FIS
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CONFIDENTIAL
ATTORN EY-CLIENT PRIVILEGE
FOR THE INFORMATION OF THE CITY COUNCIL November 17, 1998 *I /I- I 1. ’i r
TO: Council Member Hall CITY AlTORN EY
FROM: City Attorney
TERRACES AT SUNNY CREEK AGENDA ITEM #6
Th &.d
You requested a proposed condition that as a condition of repealing the Sycamore
Creek Specific Plan, no commerciallofke use of the vacant parcel would be allowed
until reviewed and approved by the City Council.
A suggested condition to accomplish this is:
“The Sycamore Creek Specific Plan for the development
now known as the Terraces at Sunny Creek is repealed on
the condition that no commercial or ofice use shall be
allowed and no grading, building or other development
permits will be final until and unless reviewed and approved
by the City Council. In order to enforce this condition, a note
shall be placed on the tentative map identifying the parcel
subject to this restriction.”
Should you have any questions regarding the above, please do not hesitate to contact
me. P
RONALD R. BALL
City Attorney
rm h
c: Mayor and Council
City Manager
Community development Director City Engineer
Planning Director
0 -r =i BE
RE
October 9, 1998
Mr. Brian Hunter, Planner
City of Carlsbad Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
II RE:
Dear Brian.
By letter dated June 15, 1998, we notified the City that the Cantarini Ranch generally supports th
efforts of Russell Grosse Development and Hofman Planning to prepare the Zone 15 LFMP
Amendment. Last week, we received information that raises serious concerns about the validity
of the GrosseiHofman Zone 15 LFMP Amendment, which was recently approved by the Carlsbac
Planning Commission. Since the LFMI? Amendment will be considered by the City Council as
part of the Terraces deveiopment application, we would appreciate St& addressing the problem
Terraces At Sunny Creek, LFMP 87-15 (€3) . AGENDA ITEM #
T---7. .. .,.-
by requesting clarification and direction from the Council at this time.
Specifically, the Carlsbad Planning Department’s September 29, 1998 response letter to our
Cantarini project preliminary review (PIE 98-44) concluded that, except for a very small portion
of the property designated as “Area A”, development of the 141-acre Cantarini property will be
limited to 1/2-acre minimum lot sizes. It also concluded that slope areas of 25% or greater
(rather than the current 40%+ standard) are not developable. As stated in the letter, these
conclusions were based on the Staffs interpretation of the Sunny Creek Specific Plan (SP-191)
and “past Council direction”. The letter further states that Planning Staff could not be supportive
of a subdivision proposal with less than V2-acre lots.
While we recognize a preliminary review is, by definition, limited in its scope, the principal
conclusions of S taf€’s September 29 response letter substantively contradict the fundamental
assumptions on which the Grosse/Hofinan LFiMp Amendment is based. In particular, the LFMP
Amendment “assumes development to occur at the Growth Management Control Point for these
areas” (page 18), which is 2 88 d.u /acre for Cantarini and 1 d u /acre for the adjacent Mandana
and Kat0 properties (Exhibit 14). However, based on the interpretation of SP-191 presented in
the September 29 letter, development of these properties could only achieve a fraction of the
GMCP densities.
(Supporting analysis: the LFMP assumes a GVCP density for Cantarini of 351 lots. Based on
constraints analyses and lomng studies, if the I/2ucre minimm lot size restriction ts applied to
Cantarini tt would limit that property’s development density to less than 100 lots. Similarly, the
GMCP densities of the Kat0 and Mmahna propertzes total 229 units. AppIying Stafs’s
interpretation of SP-191 to those properties, each at Idw./acre, will result in an estimated total
development density for the two properties of little more than IO0 lots.)
4A ‘T2xFsEA-z .zE>qrlq - 33-z. 5 .,35i?*. ,A2 3;s- 3 ~2c.~~:s 2; -5
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Accordhgjy, if the Staff interpretation of SP-191 presented in the September 29 letter prevails,
the basis for the conclusions and forecasts presented in the GrosselHofinan LFMP Amendment
are oEby a factor of about 3. That being the case, the conclusions of the Grosse/Hofinan LFMP
Amendment are wholly unreliable and grossly misleading. As a consequence, it would appear tha
local property owner support and Planning Commission approval of that Amendment were based
on false assumptions and misleading information. More fhdamentally, under this overly
restrictive interpretation of SP- 19 1, development and developer-funded public facilities for the
majority of the Zone 15 area are not financially feasible.
Based on the available infomation, it is our belief that the conflicts described above are simply tht
result of the limited analysis of the preliminary review rather than a broader problem with the
LFMP Amendment. As appears intuitive in recent St& and Commission actions supporting the
LFMP Amendment, development of the Cantarini and other Zone 15 properties in SP-19 1 is
more reasonably represented by Growth Management Controi Point densities.
Our October 8, 1998 response letter (from Bob Ladwig, Ladwig Design Group, Inc.) to Staff
Planner Barbara Kennedy offers justification for interpreting, and/or supporting amendments to,
the Sunny Creek Specific Plan to allow development densities on the Cantarini and adjacent Zone
15 properties that approximate the Growth Management Control Point. In any event, clear
direction from City Council at this time would eliminate contradictions and inconsistencies
between the current Zone 15 LFMP Amendment and the ambiguous 13-year old SP-191.
Consequently, in conjunction with the Terraces project review, we respectmy suggest that the
Staff request clarification and direction from the City Council regarding support for interpreting
or amending SP-191 in ways that will allow development of these Zone 15 properties to achieve
the current Growth Management Control Point densities, as is assumed by the Planning
Commission approved Zone 15 LFMi? Amendment. Alternatively, if the City cannot support
development in the Sunny Creek area of Zone 15 at the GMCP densities, the Grosse/Hofhan
LFMP Amendment should not be approved by the Council in its current form.
Thank you for your consideration and assistance in this matter. r;y#
David M. Bentley
c: Mr. Michael J. Holzmiller, City of Carlsbad Planning Director
Mi. Gary E. Wayne, City of Carlsbad Assistant Planning Director
Ms. Barbara Kennedy, City of Carlsbad Planner
City Council Members c/o the Clerk
Mr. Banning Cantarini, Cantarini Ranch
Mr. Jim hser, Cantarini Ranch
Mr. Bob Ladwig, Ladwig Design Group
10/12/98
Mayor and City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CITY COUNCIL
CA ry cc
L /dB 7P
DATE CITY MANAGER
0 m
As adjacent property owners, we have two concerns stemming from the lack
of site-design for the commercial portion of the Terraces at Sunny Creek
project.
1. Grading of the entire site, including significantly raising the
commercial portion adjacent to our home, will presuppose a number of
critical design aspects of the future commercial development. A key element
is final pad elevation. Raising commercial pad height for no other reason
other than for visibility or better exposure is prohibited in Carlsbad. This
creates a visual impact issue which cannot be adequately addressed without a
site plan to review. How the Environmental Impact Report, and Scenic
Corridor standards can adequately address visual impact in this case is
unclear. If it is a question to us, why would it not be a question to the staff or
EIR consultant?
2.
ingress and egress, a critical issue to us since we must share this access. In
addition to our home, we own 10 adjacent acres designated for residential
development by the General Plan. Again, comprehensive planning seem to
dictate accommodation of continuing adequate access for our home, as well as
area portion of the Specific Plan, we simply do not have any assurance of
adequate future access.
In summary, we do not oppose the subject development. We do oppose the
seeming lack of comprehensive planning for the site. If the entire site was
included in the application package before you, we would have had the
opportunity (and so would you) to see how pad elevation and site access were
being addressed.
We simply request that you require the project application package before you
to include a site plan for the commercial portion of the Specific Plan area.
With this inclusion we will have some assurance of comprehensive
planning and the opportunity to review and respond to the plan proposal
with all relevant information.
Respectfully submitted,
It is also unclear precisely how this raising of pad level will impact site
future additional homes in the area. Without a site plan for the commercial
*b I
Pat and Karen Kelly
2770 Sunny Creek Road
Carlsbad, CA 92008
0 0
I
QUESTIONS FOR THE CITY COUNCIL REGARDING THE TERRACES AT SUNN
CREEK AND SUNNY CREEK PLAZA:
1. When the council hears the Grosse Development plan for The Terraces AI Sunny Creek will any final decisions be made with regard to the commerci
site?
Has the council compared the originally approved specific plan with the
current development plan? What’s changed?
2.
Reaardinq auestion #1:
a. Should the council make any final or permanent decisions with regard t Sunny Creek Plaza without a site development plan and associated public forum?
If the council approves the Terraces At Sunny Creek project whic includes the EIR on the Terraces as well as a limited EIR on Sunny Creek Plaza, doe
it make the EIR on the commercial site final? Does it preclude further environmentg requirements on the commercial site? Does the council have authority over futurt environmental concerns including noise, lighting, hours of operation etc.?
If the council approves the grading plan for the Terraces which includes i stockpile permit for the commercial site, is the stockpiling of dirt permanent to the site‘
If so, a final decision is being made with regard to the commercial site without benef of a site development plan or public forum. If the stockpile is not permanent, will i future site development plan be based on the “before” condition of the commercial sitt as it currently exists or the “after” condition of the site once massive grading has taker place? Does council have the authority to order the removal of dirt so stockpiled?
Reaardinq auestion #2:
b.
c.
a. How do the original requirements of ,the 1985 EIR differ from the curreni site development plan for the Terraces At Sunny Creek? In the original EIR 14.8 acres were to be dedicated open space. Where is that dedicated land?
The original specific plan addressed environmental impact to area:
beyond the perimeter of the Terraces and Sunny Creek Plaza. The current EIF addresses only environmental concerns within the boundaries of those projects. How do the projects affect the surrounding area? Is there mitigation outside those boundaries? Where?
Has staff compared the biological report from the original specific plan
with the current plan? Has the habitat changed? How? How much? Why? Were these changes sanctioned by the City?
b.
c.
0-0 0 0
5320 Sunny Creek Road
Carlsbad, CA 92008
All Receive-Agenda kern # 6
For the Information of the:
AsstCLCA mycom~c~
November 3, 1998
Blrtemity M~&ZQ Mayor Lewis
Mayor Pro Tern Finnila
Members of the City Council
TERRACES AT SUNNY CREEK - EIR 98lOlGPA 96-01/ZC 96-01/SP 19O(B)/LFMP
87-1 S(B)/CT 96-02/SDP 97-02/PUD 96-O2/HDP 96-02
We attended the Planning Commission hearings on the Terraces at Sunny Creek and
have reviewed the Planning Commission and City staff recommendations for approval of
this project.
We support the Planning Commission and staff recommendations for approval of this proposed project.
e f&w+- DOROTHY L.&AGAM&
0 0
SHEPPARD, MULLIN, RICHTER & HAMPTON UP
1 "*- -- P-LIc.Im nicwd,*G 4orIlsaomA cbnwllun6Np
ATTORN- AT LAW
NIN~~CENTPI FLOOR
w wm 0RpALswAy
J*IN ~1-0, CALIFORNIA sao~3sa
OUR FILE NUMBEF TELEPHONE <el*) 358-8504 WRITER'S OIR6ET LIHC -
WVL-67 FACSIMILE (6l9) -30E (619) 338-6530
=wP-.Q- November 17,1998
FACS TMEEANDMAIL
Ronald R Ball, Esquk
City Attorney
* CityofCarlsbad
1200 CarlsbadVillage Drive
Carlsbad, California 92OO8-1989
Re; TheTerracesatSunnvC reek
Dear Ron:
I would appreciate it if you would make this letter part of the package of
documents regarding The Terraces at Sunny Creek on beW of our client, Pat Kelly2 m
addition to my earher correspondence to you of November 10,1998 and October 13,
1998, as well as in addition to the earlier correspondence sent by Pat Kelly both before
and after the Plannuy Coxmnission hearing, including without limitatim Pat's letter of
October 12.
.
1. Why Do The Kellvs Care? As Pat and Karen Kclly have said on
several occasions, they are not opposed to the residmtial projd Neither are they
opposed, in concept, to the idea of there being a commercial project so= time in the futuse on the commercial site.
Their con- is that the topographic changes being requested to the commercial site, at W time, without full appreciation of the entire commercial project,
may permaneMy injure their rights. Their concerns are: (a) &ts ofvehioular access,
including ingress and egress, for the Kelly properly itse& sam of which is the site of
possible future belobent; and (b) ohr impacts of an adjoining commercial project,
including elevation, bulk and scale of buildings, noise, dm traf€ic and the like.
LO^ ANGELES m QRPNGE COUNTY SAN DIGGO m SAN FRANCISC
A Nhhm#fl Qbi
0 0
SWPPARD, MULLIN, RICHTER & HAMPTON up
Nw- 17,1998 Page 2
The elevation of the colmnercial sib affer the proposed applicarrt: graa
causes them to worry about whether their first md second access routes will be unfairly
conipromised They want to be assured that the positioning and height of such
eartfrwork is not permanently decided lmtil it can be viewed h combbtion with the rest
of the commercial development proposal. Aftn dl, overall height dew& upan batti
(i) elmation of land and (ii) height and mass of buildings.
Most important, they want to be sure lbat the proposed earthwork w the
commercial developtnent site does not perman& ebte or duly dn either
the first OT second meam of likely vehicular access fiom the Kelly prqerty to the
Carlsbad circulatim system.
2. wha;tq? The staffreport and agenda bill contain
rwxmmendatim for approval by the Council. Those recummeadations suggest
adopting the resolutions previouSly approved by the Planning Comission (which
approval was by the narrow margin of 4-3).
correspondence &om &, the Kellys have been told that no permanent decision is
bebg made at this time regarding, their accass rights, and that ke is no final decision
being made regarding the grading of the commercd Site.
In their pre-hearing discussions with staf€inrecent days, and in
We still believing that better planning would defer any action on the
commercial sitc at tbis time, the Kellys believe that, at least, the reassurances and
statements about (i) respecting their right of access and (ii) that the earthwork elevation and final grading ofthe commercial site are not being flnnUy approved, be reitmaBd on
the record.
Further, since one of the matters for approval is HDP 96-02, which
resolution from the Planning Commission includes a requiremeIlt for a Stockpile Pennit,
the KeUys believe that some additional words should be added by the City Council to
make it clear that this ednvork change to the CO~UI~XG~~~ s@e is not penmanent; and,
specifically, that the elevation of the commerciat site may need to be lowered &z., some
dirt removed) in order to rcspcct the rights of adjoining larzdowneds including the. Ke'llys.
~ - .. - - __ ._ __ - - .- ____._ ~ --. -.. -- -I.
0 0
SHEPPARD, MULLIN, RICHTER & HAMPTON LLp
November 17,1998
Page 3
"he Kdys believe the Council should consider even further measures,,
swh as an expiration date for the stockpile pd and some hchd 89srUa-n~~ to
assure that the applicant d remove the stockpile, if the contemplated camnerd project has not been approved by the said expiration dab.
3. Pl- Process. We have reviewed and discussed with the
Kellys thc memo h the Planning Department tq Council dated November 12,
addressing Robert Pat KeU.s questions.
The second gmnmatiical paragraph in response to ques~on 1 a cbniains
some comforting words, indicating that no final decision regaxding the gtading of the cmrnnercial site is to be derived fiom the proposed Council action on this project.
Those are the sort of assminces which should be made a matter of record dmhg the hearing tanight. It is troubling, however* to see an apparently conflicting statemmt
being made in the staff memo in the penulthta sxx&me of response to question 1 c,
which appears to state that the proposed grading-wadd be permanent Hop&&, that is
a typographical mistake, and if so it should be coxmcted
In the larger picture, it does seem a little strange that the staffmemo uses
porhons (not the entuety) of the original specific; plan as pstdicaticm for proposed
action, when the proposed approval will itselfnegate mcl void the entirety ofthe ori& Specific Plan
*****
In Summaryz the Kellys are concenied that no pamanent decisions be
made today which will permanently impact or compromise tlieir rights of access for
their land, or constitute a "pre- age^" as to the: elevation and impact of the
commer&l project. A principal issue is, in essence, one of fining. The Kellys would
feel safest and best protected ifno changes to the commercial site were discussed or
approved in advance of a thorough review by City Council of the 6 ccwrmercial
project. To the extent, however, that some interim graduy is, being authorized by the
Council for the commercial site, then it is at least important and fair for the Kelly& that
those changes be clearly labeled as temporary, and that there be qproph
achowiedpent on the recd that their rights of access and other rights refkemed
above have not been compromised and m be fuuy protected in W future.
- - - - - - - - I-- I.1.Ya.i
-)i 0
SHEPPARD, MULLIN, RICHTER & HAMPTON UP
November 17,1998
Page 4
We trmt that you and the City Coux~ciI will appropriste3y address those
contents.
Tkmkyou fa time and atteation.
With best regards.
7
far SHEPPARD, MIJLLIN, RlCHTER & HAMPTO'PJ LLP
SD1~~WVL~109393068.1
OG; Mayor Lewis and Couacil, BY FAX Mr. Mithe1 floIadkr, BY FAX Mr. Gary Wayne, BY FAX
. Mr. R Palrick Kelly, BY FU . hrir. Tom 'Hageman, BY FAX
II
- - .. - - __ - - - __ __ - - 0 e
SlEBPPBRD, MULLW, RIcnmlz L - up
A Partnership Inclualing PXofessFanal Corporations
AttOMeyS at IaW
501 West Broadway, Nineteenth floor
Telephone (619) 338-6500
FacsimFle (619) 234-3815
$m Diega, California 92101
-
_mECOPY COYER tFpTER WVII-67134
DAm: November 17, 1998
ma: Christopher B. NeilB, Esquire
To: Ranald R. .Ball, Esquire / City Attorney, City of Carlsbad Fa% #: 7 60-434-8367 Confirmation f: 760-434-2891
Mayor Lewis and Members of the City council city of Carlsbad Fax #; 760-434-8367
confirmation #: 760-434-28 91
Gary Wayne and Michael Holzmiller
Commuriity Development Director City of Carlsbad /I
/
FaX #: (760) 438-0694
Confirmation #: (760) 438-1161 EXtmtiOn 4200
Mr. Tom Bageman
c/o Planning systems
Confirmation #: I 760-931-0780
F8X If: 760-931-5744 / Mr. R. Patrick Kelly
Confirmation # : m-438-3aqo Fax Q: 760-438-4293
5 TOTAL NUMEJER OF PAGES (INCII~XNG COVER LEmER): _.
IF Ax3. PAGES NOT RECEIVED, PLEASE CAT& (619) 338-6500 X. 562.
MEESAGE:
0 0
Chase Cornan
5855 Sunny Creek Road
Carlsbad, CA 92008
Novemk 17.1998
Dear Map and Council Mmbers:
As a twenty eght-year rcsident and property ovma on Sunny Creek Road, P
would like you to be aware that I am in support of the proposed Terraces at Smy Creek
development.
Jp$/ shc71 ,! ,dl
cllase coman
e e
Real Estate Broker 3130 Sunnyci
Carlsbad, Calif,
266) -+3% -3-Zyc Harold E. Gribbk
F.igx'e"beT : 7" 1"Fj
p] 7. y (3 r :<e <,: i s
hh-.r,nw --? ::n cl, ?TO ?'em i?!nr! i I F. .- erg of the City Counci !
FY-FTF, sR/g? . . pq ., ,. qf;-.G - :, ''is-$ '!;,'SF
- E, 2,/ sp 95 - c 2/pU z 96 - 3 Z,/RDP 9 6 - Q 2
We ,5tt&j f-qe ~:~,-.,rij,7T3 5s: 2: be?..-i..,Os cin T?!E Terraces - 3t s;pzy Creek 3nT.i 5s....p T.e..?ie:.lei-j i--e yj*,
pfirj2.k i3.5 fer I,pp.ro!:ai of this
we support the Planning c issiol? 3.nd 3t3ff
recozner?dat inns fcr apto of this proje
F]j&/J=2 1. i' ) "'J hi/W $.&LL y4, &y-JJL
H. E. GRTSRLE
0 0
ELMER C. SPRCIUL
5135 DON MATA DRIVE
CARLSBAD, CA 92008
November 16, 1998
Mayor Bud Lewis
Mayor Pro Tern Ramona Finnila
and
Members of the City Council
1200 Carlsbad Village Drive
Carlsbad, CA 92008- 1989
RE: TERRACES AT SUNNY CREEK
SUNNY CREEK PLAZA
Dear Mayor Lewis, Mayor Pro Tern Finnila, and Members of the City Council:
As a resident of Rancho Carlsbad, I hereby submit the list of homeowners who
attended an informational meeting by the developer at our clubhouse November 7,
1998, and signed the attached paper in support of The Terraces at Sunny Creek
and the associated Sunny Creek Plaza.
Many of the residents attending the informational meeting signed the letter of
support.
DATE: NowMbm 10, 1998
TO:
CA w CC
I . I\/n 10 x?
0 0
November 10, 1998
Mayor Lewis
Mayor Pro Tern Finnila
Members of the City Council
Re: Terraces at Sunny Creek - EIR 98101GPA 96-01/ZC 96-01/SP
By signing below, we have expressed our support for the proposed
project, The Terraces at Sunny Creek, and urge approval by the City
Council.
NAME ADDRESS PHONE
I 9O(B)/LFMP 87-1 S(B)/CT 96-02ISDP 97-02/PUD 96-02/HDP 96-02
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0 0
November 10,1998
Mayor Lewis
Mayor Pro Tern Finnila
Members of the City Council
Re: Terraces at Sunny Creek - EIR 98/O'IGPA 96-01/ZC 96-01/SP
By signing below, we have expressed our support for the proposed
project, The Terraces at Sunny Creek, and urge approval by the City
Council.
NAME ADDRESS PHONE
7 i
1 9O(B)/LFMP 87-1 5(B)/CT 96-021SDP 97-02/PUD 96-02/HDP 96-02
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0 0
November IO, 1998
Mayor Lewis
Mayor Pro Tem Finnila
Members of the City Council
Re: Terraces at Sunny Creek - EIR 0810?GPA 06-01/ZC 96-011SP
1 9O(B)/LFMP 87-1 S(B)/CT 96-02/SDP 9‘7-02/PUD 96-02/HDP 96-02
By signing below, we have expressed our support for the proposed
project, The Terraces at Sunny Creek, and urge approval by the City
Council.
NAME ADDRESS PHONE
d&/’ -L&/S J323YlJ -P$??‘
ed - P%L90.F- &fi LLPdet-
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7
0 0
November IO, 1998
Mayor Lewis
Mayor Pro Tem Finnila
Members of the City Council
Re: Terraces at Sunny Creek - EIR 98/01GPA 96-01/ZC 96-01/SP
I SO(B)/LFMP 87-1 5(B)/CT 96-02ISDP 97-021PUD 96-021HDP 96-02
By signing below, we have expressed our support for the proposed
project, The Terraces at Sunny Creek, and urge approval by the City
Council .
NAME ADDRESS PHONE
--I
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13
e 0
November IO, 1998
Mayor Lewis
Mayor Pro Tem Finnila
Members of the City Council
Re: Terraces at Sunny Creek - EIR 98/01GPA 96-01/ZC 96-01/SP
1 9O(B)/LFMP 87-1 5(B)/CT 96-0ZSDP 97-02/PUD 96-0ZHDP 96-02
By signing below, we have expressed our support for the proposed
project, The Terraces at Sunny Creek, and urge approval by the Civ
Cou nci I.
ADDRESS PHONE
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November IO, 1998
Mayor Lewis
Mayor Pro Tern Finnila
Members of the City Council
Re: Terraces at Sunny Creek - EIR 98/01GPA 96-OUZC 96-01/SP
By signing below, we have expressed our support for the proposed
project, The Terraces at Sunny Creek, and urge approval by the City
Council.
NAME ADDRESS PHONE
1 9O(B)/LFMP 87-1 S(B)/CT 96-02ISDP 9'7-02/PUD 96-02/HDP 96-02
JX~M~S J~SEPM /V~lb/ 33zf hd )/A 81~ 3~ -7 760 -c/3/-099
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Cfi1-1~ UJd, CA 926d8"37/4.
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0 0
North Coast Horse Riders Association
1977 East Pointe Ave.
Carlsbad, CA 92008
October 27,1998
Ramona Finnila, Mayor Pro Tem
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1 989
Dear Council Member Finnila,
We represent riders and caretakers of horses that reside in Carlsbad. We are
writing this letter in a pro-active manner in hopes of effecting the development of
areas that we visit while riding. In particular, the area east of El Camino Real; south of Calavera Lake and Park; and north of Palomar Airport Road.
We need dedicated trails in Carlsbad that are designed with horses in mind.
During the past 10 years there has been a decrease of ride-able areas and now
most horses that reside in Carlsbad are located in the Sunny Creek Rd. area.
Enclosed you will find:
e
A proposed trail map to include equestrian use with three trails shown. ~
Trail brochures from other agencies.
Photographs of the pristine trails on and around Sunny Creek Rd.
a
Horses are a historical part of the settlement of this area and of this country.
Please help us to preserve this aspect of our community by keeping a
recreational amenity that enhances the City of Carlsbad and follows what other
cities have done to further the regional trail system.
We are available to discuss these issues with you at your earliest convenience
and would appreciate any assistance in our endeavor. We'll be contacting you
next week to schedule an appointment. Thank you for your attention,
Sincerely,
Dee K. Pope Sara Hageer
President Secretary
North Coast Horse Riders Association
1977 East Pointe Ave.
Carlsbad, Ca 92008
$1
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1- 6''',\ 2 ( i 4 /yJ/$5k2 i /< 3a44+,&
e (760) 434-3796
)3REsEcJTEA TO ~qPyIcIL DC(nld& PYoLLc HEARrd6 ~d .ftg)
TEG~uAG~ 47 SudrJJt.' CRDE'r;.
CAHLSWD TRAIL SYS
CITY OF CAR
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page 20
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page 20
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COMPLETED TRAILS ---=- SYCAMORE CANYON TRAIL
page 22 FUTURE TRAILS
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