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HomeMy WebLinkAbout1999-04-13; City Council; 15143; Poinsettia Properties Planning Area 5% \ m l-l \ U . h CITY OF CARLSBAD - AGEh;A BILL I I3 AB# $943 1 TITLE: I DEPT. HD. MTG. 4)/3/q? DEPT. PLN POINSETTIA PROPERTIES PLANNING AREA 5 SDP 98-09/CDP 98-38 CITY ATTY. cx- g CITY MG- RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 99 -/Jz , APPROVING SDP 98-09/CDP 98-38 as recommended for approval by the Planning Commission. ITEM EXPLANATION: On March 17, 1999, the Planning Commission conducted a public hearing and recommended approval (7-O) of the Poinsettia Properties Planning Area 5 proposed project. The subject site is located in the southwest quadrant of the City, near the intersection of Poinsettia Lane and Avenida Encinas, in Local Facilities Management Zone 22. This proposal includes a request for a Site Development Plan and accompanying Coastal Development Permit to construct 92 affordable housing units within Planning Area 5 (PA 5) of the Poinsettia Properties Specific Plan Area. PA 5 was designated to fulfil1 the affordable housing obligations for Planning Areas 1-4, 7 and 8 of the Specific Plan. The proposed apartment project consists of seven separate residential structures including 36 one bedroom (39%) 44 two bedroom (48%) and 12 three bedroom units (13%). The project will also feature a 20,000 square foot neighborhood area containing an approximately 2,500 square foot recreation building with kitchen and laundry facilities, a tot lot with playground equipment, a swimming pool with changing rooms, a private pedestrian trail system, a passive recreation area for senior citizens, a half-basketball court, an active open play area, as well as numerous benches and tables. The Poinsettia Properties Affordable Housing Agreement was approved by the City Council on December 8, 1998. This agreement included a construction loan in the amount of $920,000 from the City’s Housing Trust Fund. The City also agreed to the issuance of $6.5 million of tax-exempt revenue bonds. Bridge Housing Corporation, developer of the Villa Loma development, is the general partner of the applicant, HSL/BP Michan, and will be responsible for construction, maintenance and operation of the future Poinsettia Garden Apartments. The Poinsettia Properties Planning Area 5 proposal was found to be consistent with the various elements of the General Plan, the applicable segments of the Local Coastal Program, the applicable sections of the Specific Plan and the Municipal Code, as well as the Local Facilities Management Plan for Zone 22. Therefore, the Planning Commission and staff are recommending approval of the proposed development. ENVIRONMENTAL REVIEW: The proposed project was included in the Program EIR (EIR 96-10) prepared for the Poinsettia Properties Specific Plan. The project is still consistent with the land uses, design guidelines and facility improvements required in the specific plan. No new impacts are anticipated as a result of this proposal except with regard to traffic. The City’s annual Growth Management Traffic Monitoring Report indicates an unanticipated intersection level of service failure at Palomar Airport Road and El Camino Real during both the a.m. and p.m. peak hours. This creates a changed circumstance necessitating a mitigation measure requiring the developer to pay his fair share towards the short- term improvement to this intersection prior to the issuance of building permits. With this mitigation . . PAGE 2 OF AGEND:BILL NO. /< 143 measure in place, no further environmental documentation is necessary; the project is considered exempt under Section 15182 of the California Environmental Quality Act. FISCAL IMPACT: All public facilities required to serve the additional dwelling units will be constructed prior to or concurrent with development as mandated by Local Facilities Management Plan for Zone 22. Since these improvements will be constructed by the developer, no negative fiscal impact will be incurred by the City, As noted above, the applicant will also be responsible for his pro rata share towards the cost of short term improvements to the intersection of Palomar Airport Road and El Camino Real. Development of PA 5 will increase land values thus creating a positive fiscal impact in the form of increased property tax revenues. GROWTH MANAGEMENT STATUS: Facilities Zone Growth Control Point Net Density* Special Facilities 22 19 du/ac 16.4 du/ac Project is conditioned to pay fair share of short term improvements to Palomar Airoort Road and El Camino Real. *The project is 14 units below the Growth Management Dwelling unit allowance and 22 units below the Specific Plan unit allowance for PA 5. EXHIBITS: 1. City Council Resolution No. 94 - ‘33 2. Location Map 3. Planning Commission Resolutions No. 451,4 and 4515 4. Planning Commission Staff Report, dated March 17, 1999 5. Excerpts of Planning Commission Minutes, dated March 17, 1999 1 2 3 4 5 6 7 8 9 10 ,. px 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: RESOLUTION NO. 99-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO CONSTRUCT 92 AFFORDABLE APARTMENT UNITS ON PROPERTY GENERALLY LOCATED NEAR THE NORTHWEST CORNER OF POINSETTIA LANE AND AVENIDA ENCINAS CASE NAME: POINSETIIA PROPERTIES PLANNING AREA 5 CASE NO.: SDP 98-09/CDP 98-38 The City Council of the City of Cartsbad, California, does hereby resolve as WHEREAS, on March 17, 1999, the Planning Commission held a duly noticed b .pubtic hearing to consider a Site Development Plan (SDP 98-09) and a Coastal Development ! *,Permit. (CDP 98-38) for a 92 unit affordable.‘housing ‘development on 5.6 acres of land and adopted Planning Commission Resolutions No. ,&I4 and 4515; recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 13th day of April , 1999, held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to SDP 98-09 and CDP 98-38. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of the Site Development Plan (SDP 98-09) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4514 and 4515, on tile with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the City Council modified Planning Commission Resolution No. 4514, Condition No. 28 to read as follows: (L . ..If grading occurs within 100 feet of any wetland area (including a grading permit for stockpiling purposes), the applicant shall supply the City with a letter from the U.S. Fish and Wildlife Service approving a reduced buffer”. 4. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: ...I .‘I * ‘.s 1 “NOTICE TO APPLICANT” 2 3 4 5 6 7 8 9 10 *<a’ w. 11 &,_:r ,; ) 12 X3’., .;. , i 13 / 14 15 16 17 18 19 20 23 24 25 26 27 28 “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in a amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Cartsbad, 1200 Carlsbad Village Drive, Cadsbad, California 92008.” : . -PASSED* AND ADOPTED at a regular meetingof tthe Civ Council of the City of Carlsbad on the. 13th day of April ,* 1999, by the following x-vote; to wit: AYES: .Council Members Lewis, Hall, Fipnila, .Nygaard and Kulchin NOES: None ATTEST: (SEAL) -2- EXHIBIT 2 @ POINSETTIA PROPERTIES P.A. 5 SDP 98009lCDP 98-38 ‘II - EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 4514 A RESOLUTION OF THE PLANNlNG COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 98-09 TO CONSTRUCT 92 AFFORDABLE APARTMENT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF AVENIDA ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22 CASE NAME: POINSETTIA PROPERTIES PLANNlNG AREA5 CASE NO.: SDP 98-09 9 WHEREAS, HSL/BP Michan L.P. “Owner” and “Developer”, has filed a 10 verified application with the City of Carlsbad regarding property described as 11 Portions of the East Half of Section 29 and the west half of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego. (“the Property”); and 16 WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibit(s) “A” - “M” dated March 17, 1999, on file in the Planning 18 19 20 21 22 Department, POINSETTIA PROPERTIES PLANNING AREA 5, SDP 98-09 as provided by Chapter 2 l.O6/Section 2 1.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of March, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Planning Commission MMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING AREA 5, SDP 98-09 based on the following findings and subject to the following conditions: Find-: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed 92 affordable apartment unit project is consistent with the land use designation and density allowed by the Poinsettia Properties SpeciiIc Plan to help meet the housing needs of the community. The Project is consistent with all City policies and standards and the requirements of Specific Plan 210. The City Council approved the specific plan and made the finding that the plan implements the General Plan and is consistent with the goals, objectives and policies of the General Plan. The specific plan provides for the following: 1) the provision of the necessary circulation element roadways and improvements (Avenida Encinas, Poinsettia Lane and Carlsbad Boulevard); 2) the protection and enhancement of the off-site wetland areas; 3) the construction of a future public trail; 4) the provisions for affordable housing; 5) compliance with the Local Facilities Management Plan Zone 22 for public facilities and services; 6) implementation of the mitigation, monitoring, and reporting program for the SP 210 Program EIR, and, 7) the payment of all required mitigation fees for the conversion of agricultural lands to urban land uses. 2. That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer entered into an Affordable Housing Agreement to provide and deed restrict 92 dwelling units as affordable to lower-income households. 3. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all City policies and standards including the RD-M Zone, as well as the standards and design criteria established by the Poinsettia Properties Specific Plan. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project is consistent with the design criteria of both the RD-M Zone and the Poinsettia Properties Specific Plan in that all setbacks have been provided, a pedestrian focus has been maintained, landscaping has been integrated throughout the site; and recreational facilities have been provided for a variety of ages and life styles. 5. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the public street will be improved to full width with curbs, gutters, sidewalks, etc. and that the proposed street has been PC RESO NO. 4514 -2- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. demonstrated through the specific plan and Program EIR to be adequate to accommodate the trafilc generated by this project. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15182 of the state CEQA Guidelines and will not have any adverse significant impact on the environment. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. All necessary public improvements have been provided or are required as conditions of approval. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the site plan provides for a variety of building placement alternatives, including the adequate separation of the structures and the dominant westerly wind/solar radiation patterns, will allow utilization of natural heating and cooling opportunities. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project is subject to all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with Final Program EIR 96-10 as contained in Planning Commission Resolution No. 4157. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the drainage requirements of SP 210, City ordinances and standards, the Mello II Segment of the Local Coastal Program and Best Management Practices for water quality have been considered and appropriate drainage facilities have been designed as shown on the project’s exhibits. The project is conditioned to comply with all applicable National Pollution Discharge Elimination System requirements. PC RESO NO. 45 14 -3- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. 16. 17. - That park credits for SP 210 have already been met through an agreement with the Occidential Land Company, John D. Lusk & Son, and the City on June 17, 1982, whereby the previous property owner agreed to construct Poinsettia Bridge, dedicated park land and received park land credits for 725 units for all parcels within Specific 210, including the subject parcel. Approval of SDP 98-09 will deduct 92 credits from the present balance of 725 leaving a remaining number of 633 available credits. That Public Facility Fees for this project were waived by the City Council at their meeting of December 8, 1998 when the Council also approved financial assistance for the Poinsettia Gardens apartments affordable housing project and declared their intent to issue multi-family housing revenue bonds for the construction of the subject project. That, in August 1998, the Housing Commission reviewed the subject site development for this project and recommended approval by the Planning Commission and City Council. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 22. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions upon approval of this proposed Site Development Plan must be met prior to approval of a building permit. 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Tentative Tract Map document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval.. 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, Ii-om (a) City’s approval and issuance of this Site Development Plan and, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. PC RESO NO. 45 14 -4- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. A The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Site Development Plan as approved by the final decision making body. The Site Development Plan reflect the conditions of approval by the City. The Site Development Plan copy shall be submitted to the City Engineer and approved prior to building, grading or improvement plan submittal, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolution(s) on a 24” x 36” blueline drawing. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Prior to the issuance of building permits, the developer shall provide proof to the Planning Director fkom the School District that this project has satisfied its obligation to provide school facilities Approval of SDP 98-09 is granted subject to the approval of CDP 98-38. SDP 98-09 is subject to all conditions contained in Planning Commission Resolution No. 4515 for CDP 99-05. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan and Coastal Development Permit by Resolutions No. 4514 and 4515 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the tile containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director. PC RESO NO. 45 14 -5- 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. 19. 20. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. The Developer shall submit and obtain Planning Director approval of a uniform sign program for this development prior to occupancy of any building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. Prior to occupancy of any units, the Developer shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or consistent with basic architectural theme of the project. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with Final Program EIR 96-01 as contained in Planning Commission Resolution No. 4161. The management company shall ensure that there is no outdoor storage of household goods, sports equipment, etc. on balconies and/or patios except for barbeques, outdoor tables and chairs, or similar types of furniture commonly found on patios. PC RESO NO. 4514 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. Architectural grade composition shingle roofing identified as “Elk Roofing - Prestique High Definition on Antique Slate,” or a roofing material of similar quality shall be incorporated into the building design. Engineering: 22. Prior to issuance of any building permit, the developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formerly established by the City. 23. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Fees/Agreements 24. The developer shall pay all current fees and deposits required. Gradin? 25. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. The developer must submit and receive approval for grading plans in accordance with City codes and standards prior to issuance of a building permit for the project. 26. No grading for private improvements shall occur outside the limits of the project unless a grading or slope easement or agreement is obtained fkom the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that either amend the site plan or modify the plans so grading wil project site in a manner which substantially conforms to the determined by the City Engineer and Planning Director. ase the developer must not occur outside the approved site plan as 27. The applicant shall maintain the temporary rip rap drainage : facility in a manner consistent with standard erosion control practices. The rip rap facility is an interim measure until development of adjacent areas which will at that time provide installation of a permanent storm drain system and removal of the temporary rip rap facility. 28. Prior to the granting of a grading permit (including a grading permit for stockpiling purposes), the applicant shall supply the City with a letter from the U.S. Department of Fish and Game and the U.S. Fish and Wildlife Service approving the grading proposal. 29. Grading is prohibited from October 1 to April 1. The City Engineer may permit an extension of the grading season until November 15, 1999 if all precautionary measures regarding erosion, consistent with the City’s grading ordinance, have been put in place. PC RESO NO. 4514 -7- /a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dedications/ImnrovemenQ - 30. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. 31. 32. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Avenida Encinas shall be dedicated by the owner along the project frontage based on a center line to right-of-way width of 42 feet and in conformance with City of Carlsbad Standards for a Secondary Arterial. 33. The full-width of Street “A”, as shown on the Site Development Plan, shall be dedicated based on a public right-of-way width of 60 feet, and in conformance with City of Carlsbad Standards. 34. Prior to issuance of building permits, the developer shall underground all existing overhead utilities along the project boundary. 35. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall’ coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 36. Plans, specifications, and supporting documents for all public improvements shall be PC PESO NO. 4514 -8- /3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and the following improvements: A. Full width street improvements to the entire length of Street “A”, including curb, gutter, sidewalk, streetlights, drainage facilities, underground utilities, and landscaping. B. Half-width street improvements to Avenida Encinas along the project frontage and transition to existing improvements, in conformance with City Standards for a Secondary Arterial. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. 37. The structural section for the access aisles must be designed with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City II as part of the lbuilding site plan review. 38. The design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The standard improvement plan check and inspection fees shall be paid prior to approval of any building or grading permit for this project. Water: 39. The developer shall construct two parallel sewer lines in Street A. One line shall be constructed from Planning Area 5 to Avenida Encinas at a slope adequate to maintain velocity at 2 feet per second. This line will be an interim line until the sewer lift station is built on one of the other planning areas on Parcel A. The second line shall be constructed for the ultimate configuration from Avenida Encinas southerly in Street A across the full frontage and stub at the southerly property line. The approximate invert elevation at the intersection of Avenida Encinas and Street A shall be 37.0 feet. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan. PC RESO NO. 4514 -9- /4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code reminders 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed ti-om view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Planning Director. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. PC RESO NO. 4514 -lO- /es- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of .limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 17th day of March 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Noble, Savary, and Welshons NOES: ABSENT: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: PC RESO NO. 45 14 -ll- /6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOISJTION NO. 4515 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-38 ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF AVENIDA ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA PROPERTIES PLANNING AREA5 CASE NO.: CDP 98-38 WHEREAS, HSL/BP Michan, L.P., “Owner” and “Developer”, has filed a verified application with the City of Carlsbad regarding property described as Portions of the east half of Section 29 and the west half of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “M” dated March 17, 1999,0n file in the Planning Department, POINSETTIA PROPERTIES PLANNING AREA 5, CDP 98-38 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of March 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - A A) That the foregoing recitations are true and correct. B) Findiogs: That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING AREA 5, CDP 98-38, based on the following findings and subject to the following conditions: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that as designed and conditioned the proposed development does not obstruct public views of significant coastal resources and no agricultural activities, sensitive coastal resources, geologic instability or coastal access opportunities exist on or adjacent to the project site. The structural placement and architecture of the single-family homes is consistent with the applicable Residential Density Multiple Zone (Z-DM-Q) and Specific Plan 210. No sensitive coastal resources will be impacted by the proposed precise grading, and adequate drainage and erosion control measures have been incorporated into the project. 2. The project site is located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified in September, 1980. The project is consistent with the overlay zone in that the project has been conditioned to pay agriculture mitigation fees. 3. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 4. That the project is consistent with the Coastal Agriculture Overlay Zone, in that all required agricultural mitigation fees will be paid prior to issuance of either a stockpile permit or a grading permit in accordance with the provisions of the Overlay Zone and the Poinsettia Properties Specific Plan . . Condrtlons . . 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The applicant shall apply for and be issued building permits for this project within 24 months of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 3. Approval of CDP 98-38 is granted subject to the approval of SDP 98-09. CDP 98-38 is subject to all findings and conditions contained in Planning Commission Resolution No. 4514 for SDP 98-09. PC RESO NO. 4515 -2- /c? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Prior to the issuance of either a grading permit or a stockpile permit, the applicant shall pay all required agricultural mitigation fees in accordance with the provisions of the Coastal Agriculture Overlay Zone. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and tile the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4515 -3- /? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of March 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Noble, Savary, and Welshons NOES: ABSENT: ABSTAIN: ‘. . .y. ., . . . ‘. , . I .a i‘ ,,,,. . ..‘....!’ :i5. COURTNEY E. HBINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. I%LZtiLER Planning Director PC RESO NO. 4515 -4- EXHIBIT 4 The City of CABLSBAB Planning Department A REPORT TO THE PLANNING COMMISSION Item No. 6 0 Application complete date: October 26, 1998 90 day extension P.C. AGENDA OF: March 17,1999 Project Planner: Adrienne Landers Project Engineer: Ken Quon SUBJECT: SDP 98-09lCDP 98-38 - POINSETTIA PROPERTIES PA 5 - Request for approval of a Site Development Plan and Coastal Development Permit to construct 92 affordable apartments near the northwest comer of Avenida Encinas and Poinsettia Lane in Local Facilities Management Zone 22. That the Planning Commission ADOPT Planning Commission Resolutions No. 4514 and 4515 RECOMMENDING APPROVAL of SDP 98-09 and CDP 98-38 based on findings and subject to the conditions contained therein. II. INTRODUCTION The proposed site development plan intends to create 92 affordable apartments within Planning Area 5 of the Poinsettia Properties Specific Plan area to fulfil1 the affordable housing obligations for Planning Areas l-4, 7 and 8 of the Specific Plan. As designed and conditioned, the project is consistent with all relevant City regulations and policies. All issues have been resolved. III. PROJECT DESCRIPTION AND BACKGROUND In January 1998 and October 1998, the City Council and California Coastal Commission respectively approved the Poinsettia Properties Specific Plan. This document addresses eight planning areas wrapping around the east, west and south sides of the Poinsettia Transit Station. The Specific Plan was designed to create a transit-oriented development (TOD) project located near the rail station and the nearby major transportation corridor, Interstate 5. The subject site is located within the southwest quadrant of the City in Local Facilities Management Zone 22. Planning Area 5 (see Attachment 6) is bounded on the north and east by Avenida Encinas, on the immediate south by PA 4 (designated for single family development) and on the immediate west by PA 6 (designated for commercial/retail land development). The vacant project site has a basically flat elevation and has been disturbed by agricultural operations and contains ruderal vegetation limited to non-native grasses and small shrubs. Six buildings wrap around the exterior of the site-three sixteen-plexes, three twelve-plexes, and one eight-plex. The interior of the site is designed as a common neighborhood area for a variety of activities including an approximately 2,500 square foot recreation building with a kitchen, fireplace, common room, and laundry facilities; a “tot-lot” with playground equipment; a swimming pool with changing rooms; a private pedestrian trail system; a passive recreation area SDP 98-09KDP 98-38 - POINSETTIA PROPERTIES PA 5 March 17,1999 for senior citizen activities, a half-basketball court; and an active recreation area for open play. Ample benches, tables, and seating are sprinkled throughout the development to encourage more resident interaction and passive recreation opportunities. As designated in the Specific Plan, the project is designed with a Seaside Cottage architectural style featuring painted lap siding, wood balustrades, patio trellises, wood picket fences and wood knee braces. Dormer windows, canvas awnings, and trellises provide window accents. Architectural-grade (thicker ends) composition shingles will provide shadow relief as roof treatment. Easy pedestrian access is provided to PA 6 (the mixed-use area) through the tree-lined main entry on the west side of the site. To establish better interaction between residents and pedestrians, units were designed to front on the public street and were provided with fenced-in patios at the ground level and balconies at the second level. Pedestrian circulation is achieved throughout the development with pathways to recreation facilities, parking, the-public-street, and direct access to the street from 32 of the units. Abundant landscaping accents the development at the main entry, the neighborhood area and throughout the parking lot which provides 193 uncovered parking spaces. The affordable housing project proposes 92 apartment units. These units will include 36 one bedroom (39%), 44 two bedroom (48%) and 12 three bedroom units (13%). All 92 units will rent affordable to households having incomes at or below 60% of the area median income. The Housing Cornmission reviewed the subject SDP for the project in August, 1998 and recommended approval to the Planning Commission. The project will be importing 35,500 cubic yards of fill to create a construction pad somewhat level with the elevation of Avenida Encinas. The proposed import will add 3-4 feet of fill to the subject site which is that much lower than the Avenida Encinas elevations. The proposed project is subject to the following plans, ordinances, standards and policies: A. Carlsbad General Plan; B. Mello II Segment of the Carlsbad Local Coastal Program; C. Poinsettia Properties Specific Plan and underlying RD-M Zone; D. Inclusionary Housing Ordinance; and, E. Growth Management Ordinance. IV. ,4NALYSIS The recommendation of approval for this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies. - - SDP 98-09KDP 98-38 - POINSETTIA PROPERTIES PA 5 March 17,1999 A. GENERAL PLAN When the City Council approved the Specific Plan in 1998 the finding was made that the Poinsettia Properties Specific Plan implements the General Plan and is consistent with the goals, objectives, and policies of the General Plan. This finding was based on the fact that the specific plan provides for the following: (1) the provision of the necessary circulation element roadway improvements (Avenida Encinas, and Carlsbad Boulevard;) (2) the protection and enhancement of the off-site wetland areas; (3) the construction of a future public trail; (4) the provisions for affordable housing; and (5) compliance with the Local Facilities Management Plan Zone 22 for public facilities and services. Based on this implementation and consistency relationship between the Poinsettia Properties Specific Plan and the General Plan, it can be assumed that if the proposed subdivision is consistent with the Specific Plan, the subdivision is also consistent with the General Plan. As noted above, the subdivision lots are coincident with the Specific Plan planning area boundaries. B. MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM When the Poinsettia Properties Specific Plan was approved the finding was made that the specific plan was consistent with the Mello II Segment of the Carlsbad Local Coastal Program. That finding was based on the fact that the specific plan provided the following: 1) visitor - serving facilities at the intersection of Carlsbad Boulevard and Ponto Road and on Avenida Encinas at the Poinsettia Rail Station; 2) subsequent discretionary reviews to ensure quality development; 3) roadway improvements on Poinsettia Lane to Carlsbad Boulevard (including Poinsettia Bridge); 4) drainage improvements throughout the Specific Plan neighborhoods; and 5) payment of mitigation fees for the conversion of designated coastal agricultural lands to urban uses. Based on this implementation and consistency relationship between the Poinsettia Properties Specific Plan and the Mello II Segment of the LCP, it can be assumed that if the proposed project is consistent with the Specific Plan, the project is also consistent with the Mello II Segment of the LCP. C. POINSETTIA PROPERTIES SPECIFIC PLAN (underlying RD-M Zone) The Specific Plan requires development in PA 5 to comply with the standards of the RD-M zone unless otherwise specified. Development is also required to comply with standards and design guidelines outlined in the Specific Plan. As discussed below, the proposed project is consistent with all specific plan and zoning requirements. The Specific Plan designates Planning Area 5 (PA 5) as the affordable housing site for the entire specific plan area due to its proximity to the transit station, commercial/retail uses, and to focus on increased density within 500 feet of the transit station. The maximum number of units allowed on this site is 114. Under transit - oriented development principles, PA 5 should develop near a density of 20 residential units per acre. The proposed project is consistent with this density at a proposed density of 19 du/ac and a total of 92 units. For further discussion of the affordable housing segment of the project, please refer to Section D, page 5. As illustrated in Table 1 below, the project is also consistent with all development standards and design SDP 98-09KDP 98-38 - POINSETTIA PROPERTIES PA 5 March 17,1999 &pe 4 guidelines required by both the RD-M Zone and Planning Area 5 of the Poinsettia Properties Specific Plan. Table 1 Compliance with Development Standards Standard Required Proposed Density (SP*) Maximum of 114 apartments 92 apartment units Setbacks/Parkways (SP) l Avenida Encinas 30 feet with 20 foot landscape Provided p=kway l Internal street 10 feet from public street Provided between PAS 4 and 6 Provided Access/orientation to transit Buffered by wall on station Avenida Encinas, sides of Design to minimize noise impacts units oriented to Avenida - Encinas Building height (SP) Maximum of 35 feet/ 2 stories 35 feet / 2 stories Lot size (RD-M) 7,500 sq. ft. NA Lot coverage (ED-M) 40 percent 17.6 percent Lot width @D-M) 60 feet NA Front, rear, side yard Superseded by Specific Plan Only front yard setback is setback (ED-M) applicable. 10 foot minimum provided per Specific Plan Special design criteria l Direct pedestrian access to l Tree-lined canopy WY transit station walkway provided at main entrance l Guest parking to be interior l Provided to project l Parking to be in smaller l Provided pockets inter-spaced with buildings/ landscaping l Walls prohibited except l Only wall along where required to attenuate Avenida Encinas to noise attenuate noise l Units should face PA 4 and l Provided PA6 l Pedestrian-scale articulated l Provided facades/front porches l 10,000 sq. ft. neighborhood l 20,000 sq.ft plaza with some homes neighborhood area fronting on plaza provided which includes 2,500 sq. ft. common facility and recreation components SDP 9%09/CDP 98-38 - POINSETTIA PROPERTIES PA 5 March 17,1999 Trees (SP) Roadway Improvements l Avenida Encinas %pecific plan requirement 75 percent canopy trees l Street A 0 75 percent - 25 feet and under; 17 percent -. 40 feet; 8 percent - 50 feet l Half-width dedication and improvements along project frontage including transition to existing improvements l Full street improvements, including curb, gutter, sidewalk, street lights, drainage facilities, underground utilities and landscaping The project also complies with all other design and improvement criteria of the specific plan. Primary access to the project will be from the west side of the project site with a secondary access located on the south side of the development. All improvements are required to be constructed by the developer to public street width standards with full curb, gutters, sidewalks, underground utilities sidewalks, medians, tree wells, landscaping, street lights and fire hydrants as shown on the site development plan or as included as conditions of approval. The proposed street is adequate to handle all traffic generated fi-om the subject site as well as from the adjacent planning area. D. INCLUSIONARY HOUSING REQUIREMENTS (Chapter 21.85 of the Carlsbad Municipal Code) As noted above, the proposed project is subject to the Inclusionary Housing Ordinance specifically to the affordable housing requirements required by the Specific Plan for units to be restricted to and affordable to lower income households. Section 21.53.120 of the Zoning Ordinance requires City Council approval of a site development plan for multi-family affordable projects of 51 or more units based on findings that the project is consistent with the underlying zoning/specific plan and in conformance with General Plan policies and goals (see Section A above). The Poinsettia Properties Affordable Housing Agreement was approved by the City Council on December 8, 1998. This agreement included an exemption of the Public Facility Fee requirements, a construction loan in the amount of $920,000 from the City’s Housing Trust Fund. The City also agreed to the issuance of $6.5 million of tax-exempt revenue bonds. Bridge Housing Corporation, developer of the highly successful Villa Loma development, is the general partner of the applicant, HSL/BP Michan, and will be responsible for construction, maintenance and operation of the future Poinsettia Gardens Apartments. SDP 98-09/CDP 98-38 - POINSETTIA PROPERTIES PA 5 March 17,1999 Page 6 within the Specific Plan boundaries. If the developer constructs more affordable units than he needs to meet his affordable housing obligation, he will not be eligible to “sell” these units to another developer; however, the affordable housing agreement for the Poinsettia Properties Specific Plan allows any excess affordable units to be applied to meet the affordable housing obligations for Planning Area 6. The project complies with the Inclusionaty Housing provisions of Chapter 21.85 of the Municipal Code as demonstrated below: Table 2 , Inclusionary Housing Standard Required Proposed lnclusionary Requirements Maximum of 114 units 92 apartment units Location of Units Onsite within PA 5 Onsite within PA 5 Mix of bedrooms 10% three bedroom One bedroom - 36 units (39%) Two bedroom - 44 units (48%) Three be‘droom - 12 units (13%) Incentives requested None 1. Density increase 1. None 2. Standards modifications 2. None 3. Direct financial 3. Relief from PFF and $920,000 construction loan Affordable Housing Agreement Signed agreement prior Agreement approved by City to final map Council on 2-l 1-1999 E. GROWTH MANAGEMENT An amendment to the Local Facilities Management Plan for Zone 22 was approved concurrently with the Poinsettia Properties Specific Plan. At that time, all facility impacts were analyzed and it was determined that all facilities would be provided, prior to or concurrent with need, pursuant to the facilities performance standards of Growth Management. Since the proposed development is consistent with the Specific Plan in which all facilities were determined to be in compliance with adopted performance standards, no further growth management analysis is necessary. All facility impacts are noted on the attached Local Facilities Impact Assessment Summary. E. ENVIRONMENTAL REVIEW The proposed project was included in the Program EIR (EIR 96-10) prepared for the Poinsettia Properties Specific Plan, certified in January 1998. The Program EIR addressed subsequent discretionary approvals of the specific plan, including actions such as tentative maps, site development plans and coastal development permits. No further CEQA compliance was required for those activities having no effect beyond those previously analyzed in the Program EIR. As noted above, the proposed project is still consistent with the land uses, design guidelines and facility improvements required in the specific plan. No new impacts are anticipated as a result of this action and no new mitigation measures are necessary, therefore, no further environmental review is required. The Planning Director determined that the proposed subdivision is pursuant to and in conformance with Specific Plan 2 10 for which a Program EIR was prepared and certified. No additional environmental impacts will be created by the proposed SDP 98-09/CDP 98-38 - POINSETTIA PROPERTIES PA 5 March 17,1999 anticipated as a result of this action and no new mitigation measures are necessary, therefore, no further environmental review is required. The Planning Director determined that the proposed subdivision is pursuant to and in conformance with Specific Plan 210 for which a Program EIR was prepared and certified. No additional environmental impacts will be created by the proposed subdivision, therefore, the project is exempt under Section 15 182 of the California Environmental Quality Act. ATTACHMENTS : 1. Planning Commission Resolution No. 45 14 (SDP) 2. Planning Commission Resolution No. 45 15 (CDP) 3. Location Map 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Disclosure Statement 7. Poinsettia Properties Planning Areas 8. Reduced Exhibits 9. Full-size Exhibits “A” - “I”, dated March 17, 1999 AD:eh:mh BACKGROUND DATA SHEET CASE NO: I P 98-09/CDP 98-38 CASE NAME: Poinsettia Properties Planning Area 5 APPLICANT: HSLBP Michan. J,.P. REQUEST AND LOCATION: 92 affordable apments near the northwest comer of Avenida Encinas and Poinsettia Lane LEGAL DESCRIPTION: Portions of the east half of Section 29 and the west half of Section 28. Townshin 12 south. Ramze 4 west. San Bernardino Base and Meridian. in the Citv of Carlsbad. Countv of San Drerro APN: 214-450-25 Acres: u Proposed No. of Lots/Units: 92 apartments GENERAJ, PLAN AND ZONING Land Use Designation: RH Density Allowed: 114 Density Proposed: 92 Existing Zone: RJI-M Proposed Zone: NA Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning d Use Site RD-M RH - vacant North CT TRRH - vacant South RD-M RMH - vacant East C-2 C - Kaiser, Volvo 1 West 1 RD-M 1 1 RMH - vacant I PUBLIC FACILITIES School District: CUSD Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 97 FDU Public Facilities Fee Agreement, dated: Waived by City Council on 12/8/98 ENVIRONMENTAJ, IMPACT ASSESSMENT cl Negative Declaration, issued cl Certified Environmental Impact Report, dated [XI Other, J 5 182 residential development pursuant to a specific plan CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Poinsettia Pronerties Planning Area 5. SDP 98-09/CDP 98-38 LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: RH ZONING: RD-M DEVELOPER’S NAME: HST ,/BP Michan J ,L.P ADDRESS: 5055 Avenida Encinas. Carlsbad CA 92009 PHONE NO.: 438-8477 ASSESSOR’S PARCEL NO.: 214-450-25 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 5.6acres A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 3 12.9Osq. ft. e Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = Circulation: Demand in ADT = Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: Sewer: Demands in EDU Identify Sub Basin = Water: Demand in GPD = 166.88sq. ft. 20.240 rr.p.d. f 3 acres 13.4 cfs Batiauitos Watershed 552 ADT No. 4 NA CUSD 92 EDU 22 B 20.240 g.p.d. The project is 14 units below the Growth Management Dwelling unit allowance and 22 units below the Specific Plan unit allowance for PA 5. a9 DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST bedisclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print.’ Note: Person is defmed as ‘Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other .county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) . Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a cornoration or DartnerShiD, include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 16% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned cornoration, include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person See attached Carp/Part Title Title , Address Address 9 h. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of ALJ persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation. etc.). If the ownership includes a cornoration or uartnership, include the names, title. addresses of ail individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiciv- owned cornoration, include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person See attached Carp/Part Title Title Address Address 2075 Las Palmas Dr. - Carlsbad. CA 92009-1576 - (760) 438-11610 FAX (760) 438-0894 3: NON-PROFIT chXNIZA~ON OR TRUST - . - If any person identified pursuant to (I) or (2) above is a nonmofit organization or a trust. list the names and addresses of ANY person serving as an offker or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Bridge Housing Corp. Carol Galante, President Title Susan Johnson, V&e President Address 1 Hawthorne Street, Ste.-;~~lAddress San Francisco, CA Y41a 4. Have you had more than $250 worth of business traqsacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? cl Yes cl x No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledgz See attached See attached Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent 3J H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 , 32 HSUBP/Michan, .L.P., a California limited partriership By: Its General Partner, HBM Poinsettia L.P., a California limited partnership By: Its General Partner, Benchmark Pacific Management, Inc., a California corporation By: Date: %E& 21 1 qs 33 RESOLUTION ADOPTED BY UNANIMOUS WRITTEN CONSENT OF BENCHMARK PACIFIC MANAGEMEW, INC. May 271998 The undersigned as the sole member of he Board of Directors of BENCHMARK PACIFIC MANAGEMENT INC., a corporation organ&d under the General Corporation Law of California, does by this writing consent to take the following actions and adopt the following resolution in its capacity as sole general partner of HBM Poinsettia, LP, a California Limited Partnership which in tum is sole general partner of HSIJBPMichan LP, a California Liited Partnership: WHEREAS, HSL/BP/Michan LP owns certain real property known as the Poinsettia Properties Specflc Plan Project (Project) in Carl&ad, CA flhe City), which property is in the process of being entitled for residential housing and other; WHEREAS, the City requires that ceratin applications, agreements and forms (collectively referred to as Processing Documents) be executed as part of the Project ; WHEREAS, Doug Avis, in his capacity as Preside@ of Benchmark Pacific Management Inc, is vested with the authority to execute various docuemtns in furtherance of the the legimate business interests of HSL/BP/Michan LP and its general partner, HBM Poinsettia, LP. RESOLVED, that the partnership of HSIJBP/Mi&an LP., shall f?om time to time execute Processing Documents. This resolution gives Douglas M. Avis full authority to enter into and excute any all Pr ocessing Documets on behalf of HSL/BPMichan LP and its general partner, HBM Poinsettia LP. The undersigned directs that this consent be filed with the Minutes of the proceedings of the Board of Directors of Benchmark Pacific Management Inc. Dated:‘May 27,1998 Douglas. M. Avis,%esident of Benchmark Pacific Management Inc. - - ATTACHMENT 6 POINSETTIA PROPERTIES ( ( i#$” I ,I,‘; ’ p h 1 i ijfk i e. T i I# I -I, ,ji al li I i i I I i rr,- - ---_ =I ’ ‘\ \ ‘\ I, I% i, ‘;‘ p ,i- , .!I I I L !I I I I I II ill ' IllID . I DD D . D - DDDDD .t.....r..............-.........-............ . . . . . . ..r........-....-...........-.....-... -- ‘R e ; I. ‘-- ‘* s h. : : : ffr ; VINYOJIlVJ ‘OVESlUV; - 311s 3iavakiod~v VllL3SNlQd k? wo ZF 42 =: 5Y mul VINl(OdllV3 avetiuvq *P 3~1s 378vat104v - fr VIlHSNlOd = CD 2 0 St i$ . .’ I qs (_ ,: a; k @ r- F . \ -‘, I . *“r IN d 3.0 bl”s” GkiXiG -- 2; VIll3SNlOd - .v . .- ‘. :.. . . .’ 8 . -” : E Y. R I : Ig b . JlNuO~Il = ‘0 0 u 3~1s 3i*evabG& _ ;r VIll3SNlOd c P : & 1 J Vi’NUOJI lV3 'dVBSlLIV ?? : : 311s 3~evat10~& - 8 I VIlHSNlOd 3, ._ : g: . I :. .i 9 _’ : . . t 3 8: 8, & Pi: Ea -.. I * 1 i t s 0 tz f 3 / I-----I---I--ma- -II-.-- “---I--II-- ;’ 3 .’ f DRAI-T EXHIBIT 5 6. SDP 96-09/CDP 96-36 - POINSETTIA PROPERTIES PA 5 - Request for approval of a Site Development Plan and Coastal Development Permit to construct 92 affordable apartments near the northwest corner of Avenida Encinas and Poinsettia Lane in Local Facilities Management Zone 22. Assistant Planning Director, Gary Wayne introduced the item and announced that the Commission’s action on this item is not final and will be forwarded to the City Council for its consideration. Mr. Wayne introduced Principal Planner Adrienne Landers who described the project and presented the staff report as follows: This is a request for a Site Development Plan and a Coastal Development Permit to construct 92 affordable apartments near the northwest corner of Avenida Encinas and Poinsettia Lane. The subject site is located in Planning Area 5 of the Poinsettia Properties Specific Plan with Avenida Encinas and Interstate Highway 5 to the east, Poinsettia Lane to the south, and the transit station to the west. The Specific Plan was designed to be a transit oriented development and this means that development within the plan should have a strong pedestrian focus to encourage use of the nearby transit station. Planning Area 5 was designated to provide the affordable housing obligation for the entire specific plan due to its location near the transit station and to implement the TOD principle to place increased density within 500 feet of the transit station. The project features 92 units with 3-16-plexes, 3-i2-plexes, and I-8-plex. Each of these buildings is 35 feet in height and is two-stories. All of the units have a front porch/patio area or a balcony, with 32 units having direct access to the street and the nearby mixed use area. The complex is designed around a large interior neighborhood area. This common space includes a recreation building with a fireplace, common room, and laundry facilities. Ample recreation opportunities are also provided for residents of all ages, including a swimming pool, changing rooms, tot lot, a passive grassy area for seniors, a basketball half-court, a large active open play area, and ample benches and tables sprinkled throughout the site. Also, there will be 192 required parking spaces provided, on-site, with other on-street parking which is not required. The project is subject to and is consistent with all of the policies and regulations of the General Plan, the Mello II Segment of the LCP, the Poinsettia Properties Specific Plan including the underlying RDM zone, the lnclusionary Housing Ordinance, and the Growth Management Ordinance. The project is determined to be in compliance with the General Plan and the Local Coastal MINUTES PLANNING COMMISSION March 17, 1999 Program if development is consistent with the Specific Plan. The proposal is consistent, in that the 92 units being proposed are within the maximum of 114 units allowed by the Specific Plan for this planning area. Required setbacks have been provided at 30 feet with a 20 foot landscaped parkway on Avenida Encinas and a meandering sidewalk. There is also a IO foot setback provided on the interior street for the front of the units facing the street. Pedestrian focus is an important factor in the development of the Specific Plan and that has been achieved by orienting 33% of the units with direct access to the public street. Also, the applicant has created broad pedestrian connections to the mixed use area at the main entry of the project. A half-width street dedication is a condition for future installation on Avenida Encinas. Other improvements related to sewer, water and drainage have been conditioned to be installed concurrent with construction in compliance with City standards and the Zone 22 LFMP. The inclusionary housing requirements have been met through the provision of the on-site units. The Code requires 10% of the units to be S-bedroom. As indicated on the exhibit, 36 units (39%) are l-bedroom, 48% are 2- bedroom, and 12 units (13%) are 3-bedroom, all being in compliance with the Code. The developer has not requested either a density bonus or a standards reduction. However, a direct financial incentive was granted by the City Council when they recently approved the Affordable Housing Agreement. At that time they allowed an exemption from PFF fees, a $920,000 construction loan, and the issuance of $6.5 million dollars of tax exempt revenue bonds. The developer of the Villa Loma Project, Bridge Housing Corporation, will be responsible for the construction, maintenance, and operation of this development. Since the project is in compliance with all of the regulations, staff recommends approval of Site Development Plan 98-09 and Coastal Development Permit 98-38. This project is also subject to the findings and conditions that were mentioned earlier in Item #5. The developer has had the opportunity to review them. There is a revision to Condition No. 20, Resolution No. 4514, which addresses the storage of household goods, sporting equipment, etc., on the patios and balconies. That condition has been strengthened by requesting that the management company, through a condition of a lease or rental agreement, stipulate that there be no storage of this type of equipment on the patio areas. Commissioner Welshons asked Mr. Wojcik what the distance is between the entrance at Street A and Avenida Encinas to the transit center. Regarding the parcel located on the corner of Street A and Avenida Encinas, she asked Ms. Landers where people will take access to get into that property. Ms. Landers replied that the driveways are not shown at this time and indicated on the exhibit where the future driveways will be located. She also stated that there will be driveways to Planning Area 6 that will be detailed at a future date. Regarding Planning Area 6, Commissioner Welshons asked if people will have pedestrian access to the transit center or will their only access be by vehicle. Ms. Landers replied that there are several access points planned. However, it does not appear that Planning Area 6 will have a direct access. She explained that only conceptual plans are available so it is not possible to give specifics regarding access points from the other planning areas. However, the developer is proposing (with staffs support) mixed use development facing the street with parking in the rear. There will be some type of linkage between the transit center and Planning Area 6. There will also be a pedestrian linkage. In response to Commissioner Welshon’s question regarding distance, Mr. Wojcik stated that the entrance meets the 600 foot intersection spacing requirement with a minimum of 600 feet. Applicant Doug Avis, 5055 Avenida Encinas, Carlsbad, concurred with the staff report and stated acceptance of the revision of Condition No. 20, Resolution 4514. Regarding new Finding No. 18, and new Condition No. 22, Mr. Avis stated that the larger project is a transit-oriented project which basically is trying to emphasize pedestrian use and de-emphasize the use of the automobile. Most of the single- family product have porches and are alley loaded which is reminiscent of the neo-traditional neighborhood before the car was the primary source of transportation. He pointed out that it is difficult to take an apartment project and make it look like it is a lot of old houses in a single family neighborhood but they have been able to get many of the units out on the street rather than the typical situation of having parking neat the street. In addition, the exterior will be other than stucco and will give the project a “beach” look rather than the typical exterior finishes. Mr. Avis also brought attention to the fact that many of the projects, in Carlsbad, have mitigated their affordable housing requirement off-site and this project, because this project is so close to the transit center and in an attempt to increase densities near the MINUTES I/ a- - PLANNING COMMISSION March 17, 1999 Page 8 station, has chosen to put the affordable project within the Specific Plan area. In response to the questions regarding access to the transit station through Planning Area 6, Mr. Avis indicated the access points (both vehicular and pedestrian) on the exhibit. Mr. Avis further stated that they hope to be coming back before the Commission, in the next few months, with a mixed use project which will primarily consist of retail/office uses downstairs with residential use upstairs, in accordance with the Specific Plan. In response to the new addendum regarding the traffic impacts at Palomar Airport Road and El Camino Real, Mr. Avis stated that he understands that the Growth Management Plan is the authority for dealing with traffic impacts. He stated they have been supporters of the Growth Management Plan since it’s inception, and based upon the way Carlsbad is growing, the plan is working. He stated that this is an appropriate condition and the 20% factor as mentioned by the Engineer, Bob Wojcik, is something they will be looking at very closely as it relates to the ultimate distribution of traffic in accordance with the EIR and whether or not this project actually will trigger that 20% based upon the project distribution and their certified EIR. Commissioner Compas asked Mr. Avis why they reduced the number of affordable units from 114 to 92. Mr. Avis replied that when they did their Specific Plan they had not laid out subdivisions or products in the balance of the area. As usually happens to meet the City’s requirements, the number of units goes down. He explained that the Specific Plan is the outside bubble of densities, not only in single-family but also in multi-family projects. As they planned and received approvals on the single-family portions of the overall project, the number of units needed to mitigate was reduced. He added that they are actually building more units than is required to mitigate the single family project, but there is also an economic model under which the number of units can be too few for an apartment project to be effective. Mr. Avis further stated that 92 units appears to be the number that will operate efficiently and effectively as an apartment project. Commissioner Savary questioned Mr. Avis regarding the exterior use of what appears to be wood and the difficulties of maintenance attached to the use of wood in this area. She also stated that she feels that long term maintenance in this coastal area is very important and she is quite concerned about it. Mr. Avis replied that staff indicated that they would like to see the exterior finishes done in something other than stucco. However, Bridge Housing was not terribly interested in using wood because of the maintenance problems and sought alternatives. In their search for better materials they found a number of high quality wood substitute products which are not wood but are synthetic products that look as good or better than wood. These products have a better weathering ability than stucco and these are the products they will be working with. Mr. Avis further stated that they will be bringing samples of the actual materials to staff at a future date. Commissioner Savary asked Mr. Avis why they have not used the same pavement treatment at the southern driveway, as they have at the western driveway, to make the project look more attractive. Mr. Avis replied that it is probably because no one stated that as a requirement. Commissioner Savary asked if Mr. Avis would accept a condition requiring the same, more decorative, pavement treatment and he replied that he would accept such a condition. Regarding revised Condition No. 20, Resolution 4514, Commissioner Welshons stated that because it is so close to the beach and because there may be a number of residents owning surfboards, stated that she feels the condition may be too restrictive and asked what experience Bridge Housing has had in that regard. Mr. Avis deferred that question to the Bridge Housing representative but stated that the reason they chose Bridge for this project is that because they will be building and selling single-family homes immediately adjacent to this project and appearance is very important. Brad Woodland, representing Bridge Housing, stated that they have no problem with the revised condition. He pointed out that while the condition allows barbecues, the management company will not allow them. While this sounds very restrictive, Mr. Woodland stated that it is important to have these restrictions and they are strictly enforced. Commissioner Welshons suggested that since management will not allow barbecues, perhaps barbecues MINUTES C PLANNING COMMISSION March 17, 1999 Page 9 should be removed from the exception in the condition. Mr. Woodland responded by stating that the condition, as revised, is less restrictive than their lease. However, if the Commission wishes to further revise the condition, Bridge Housing would concur. Chairperson Heineman opened Public Testimony and offered the invitation to speak. Seeing no one wishing to testify, Chairperson Heineman closed Public Testimony. With regard to Mr. Avis’ discussion of new Condition No. 22, Assistant City Attorney Rich Rudolf stated that the basis for new Condition No, 22 is dual. It is not only Growth Management but is also CEQA and they overlap each other. He went on to state that he wished to make it clear to both Mr. Avis, the Commission, and the public, that the 20% threshold is the only potential applicable standard and in looking at both the applications to the Growth Management Ordinance and CEQA, that may result in a different methodology and the City is not relying on just the 20%. MAIN MOTION: ACTION: Motion by Commissioner Welshons, and duly seconded, adopted Planning Commission Resolutions No. 4514 and 4415, recommending approval of SDP 98-09 and CDP 98-38, based upon the findings and subject to the conditions contained therein, including the errata sheet dated March 17, 1999 as presented by staff. AMENDMENTS: ACTION: Motion by Commissioner Welshons, and duly seconded, amending Planning Commission Resolution No. 4514 to add a condition for the enhancement of the driveway on the south side of the property; and, amending Planning Commission Resolution No. 4514 to amend Condition No. 20 to prohibit the use and storage of barbecues on balconies. VOTE: AYES: NOES: ABSTAIN: 7-O Heineman, Compas, Nielsen, L’Heureux, Welshons, Savary, Noble None None VOTE ON MAIN MOTION: VOTE: AYES: NOES: ABSTAIN: 7-o Heineman, Compas, Nielsen, L’Heureux, Welshons, Savary, Noble None None 47 April 13,1999 Re: SDP 98-09 Staff recommends that the City Council amend condition number 28, of Planning Commission Resolution number 45 14. The suggested amendment is to bring the condition into conformance with the Specific Plan, SP 210, and the California Coastal Commission permit for Poinsettia Properties. Condition No. 28. n If grading occurs within 100 feet of any wetland area (including a grading permit for stockpiling purposes), the applicant shall supply the City with a letter from + the U.S. Fish and Wildlife Service approving r a reduced buffer. All Receive-Agenda Item # ,\ % _ For the Information of the: AssLZZd D-City Mmage a? PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego. State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21,1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: This space is for the County Clerk's Filing Stamp Proof of Publication of Notice of Public HEaring - U...OEI HA rHOPERTIES PUNNING AREA 5 COMPLETE DATE: October20,1998 DESCRIPTION: A Site Development Plan and Coastal Development Plan to permit the construction of 92 affordable apartmentunits. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at the northwest corner of Avenida Enciras andPoinsema Lane, Carlsbad, California. ASSESSOR'S PARCEL NUMBER:214-450-25 APPLICANT: HSL/ePMichan, L.P5055 Avenida EncinasCarlsbad, CA 92008 April 3, 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. San Marcos Dated at California, this 5th day of April, 1999 +£'.^E£k-—.Signature f NORTH COUNTY TIMES Legal Advertising Legal 6301 (April 3,1999 POINSETTTApROPERTIES SDP98-09/CDP 98-38 NOTICE OF PUBLIC HEARING SDP 98-09/CDP 98-38 - POINSETTIA PROPERTIES PLANNING AREA 5 DESCRIPTION: COMPLETE DATE: October 20,1998 A Site Development Plan and Coastal Development Plan to permit the construction of 92 affordable apartment units. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located at the northwest comer of Avenida En&as and Poinsettia Lane, Carlsbad, California. ASSESOR’S PARCEL NUMBER: 2 14-450-25 APPLICANT: HSL/BP Michan, L.P. 5055 Avenida Encinas Carlsbad, CA 92008 A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on April 13, 1999 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after April 9, 1999. If you have any questions, or would like to be notified of the decision, please contact Adrienne Landers at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Pahnas Drive, Carlsbad, California 92009, (760) 438- 116 1, extension 445 1. APPEALS If you challenge the Site Development Plan and/or Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Offtce at, or prior to, the public hearing. 1. Anneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: 0 This site is located within the Coastal Zone Appealable Area. fl This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be tiled with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725. PUBLISH: APRIL 3,1999 POINSETTIA PROPERTIES P.A. 5 SDP.98009lCDP 98-38 C (F0r.n A) TO: C1T.Y CLERK’S OFFICE FR.OH : PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notide SDP 98-09/CDP 98-38 - Poinsettia Properties PA 5 for a public hearing before the City Council. Please notice the Item for the council meeting of April 13, 1999 . Thank you. March 26, 1999 Date F-l t’ c cd r a - City of NOTICE OF PUBLIC’HEA~N~ COMPLETE DATE: October 20.1998 DESCRIPTION: A Site Development Plan and Coastal Development Plan to permit the construction of 92 affordable apartment units. LOCATION: This project is within the City of Carlsbad’s Coastal Zone at: the northwest comer of Avenida Encinas and Poinsettia Lane, Carlsbad California. ASSESSOR’S PARCEL NUMBER: 214-450-25 APPLICANT: HSL/E3P Michan, L.P. 505 5 Avenida Encinas Carlsbad, CA 92008 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on March 17, 1999 at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after March 11, 1999. If you have any questions, or would like to be notified of the decision, please contact Adrienne Landers at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:OO a.m. to 5:OO p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-l 161, extension 445 1. . . . . . . . . . . . . . . . . . . 2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 l (760) 436-l 161 - FAX (760) 438-0894 APPEALS The time within which you may judicially challenge this master tentative map and coastal development permit, if approved, is established by state law and/or city ordinance, and is very short. If you chalienge the master tentative map and coastal development in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. eals to the Crtv Council: where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: q This site is located within the Coastal Zone Appealable Area. &I This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725. CASE FILE: SDP 98-09KDP 98-38 CASE NAME: POINSETTIA PROPERTIES PLANNING AREA 5 PUBLISH: MARCH 4,1999 CA COASTAL COMMISSION SD COUNTY PLANNING CA DEPT OF FISH 81 GAME c STE 200 - STE B STE 50 3111 CAMINO DEL RIO NO 5201 RUFFIN RD 330 GOLDENSHORE DR SAN DIEGO CA 92108-l 725 SAN DIEGO CA 92123 LONG BEACH CA 90802 I REGIONAL WATER QUALITY BRD : STE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 AIR POLLUTION CNTRL DIST CARLSBAD UNIFIED SCHOOL DIST ; CITY OF CARLSBAD 9150 CHESAPEAKE DR 801 PINE ST WATER DISTRICT SAN DIEGO CA 92123 i CARLSBAD CA 92008 I CITY OF CARLSBAD t PUBLIC WORKS - COMM SVS DEPT ’ I I .~ HSL & BP STE 210 5055 AVENIDA ENCINAS CARLSBAD CA 92008 c- SANDAG STE 800 401 BST SAN DIEGO CA 92101 i LAFCO : 1600 PACIFIC HWY ’ SAN DIEGO CA 92101 CITY OF CARLSBAD CITY OF CARLSBAD PUBilC WORKS - ENGINEERING DEPT / PROJECT PLANNER ADRIENNE LANDERS I B G PONSEGGI I 6947 WHITECAP DR I CARLSBAD CA 92008-3747 I -e l l l c3ww WOP !m+w 0 kLz WHrn W%O CJCY ow 033 WM* s-4 w w NW% OD3H 0 % Q El I W 4 2 e % N z W 0mcJ WOW XI-JO r ?J cnu1~ w=Jsa W%M uw* m nWc3 WXI rz WWH N+=% 0 u 0 r w m I W 4 W v mm% woo x-n I? x m;Ew WHM WZY Wtl SQ- ix: % OF= 0 w 0 W z I % W H 4 w w m x * * W m i 1 , a &Y% : w<:y I ; Uisj I %!a nk-4m wow WH 9 warn N%Z OClc3 OH W% 1 w ww N 0 / w u ‘9 t? w N-2 0 0 2 w c I w 2 Cl )--’ m w 03 NUX 0XL-P 0 m w xl I ‘3 w 4 Ei lb 4 i -----I--- --..--- --..- _. c3mcI WWC 23OlJ l?OSd cn m mw= L-44 WIXI %!a ~l-irn WCJW WH u -mm Nt2i-z OOY OH 10% ’ w WW N 0 w owm WOP P*H !5 w mm% mr WC= cl= *!a T)W w +I q’3 mu rn% xl-=l OOH w+pr nor ES H MPW WWpa: u 21< nm gr=CS EC2 w W PWX -I<!? -Inn 0 % I m w 4 N z N 0 w a OUIW wow 3dr-G I? m,El WH W%Z UUO ZO OWP wZCl= u WI? 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JP _; s 9 -6’ : %., 4 City of Carlsbad April 19,1999 HSUBP Michan LLP 5055 Avenida Encinas Carlsbad, CA 92009 POtNSETfigl PROPERTtES SDP 98-91CDP 98-38 I Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,143, and Resolution No. 99-132. These documents went before the City Council on April 13, 1999, when the Resolution was adopted. Resolution No. 98-128 approved the Site Development Plan and a Coastal Development Permit for Poinsettia Properties. If you have any questions regarding your project, please call Ms. Adrienne Landers, in the Planning Department, at: 438-l 161 extension 4451. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 * (760) 434-2808 @