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HomeMy WebLinkAbout1999-11-09; City Council; 15491; Manzanita Apartments!!! P 5’ . \ - CITY OF CARLSBAD -AGENDA BILL \\3 &Jr3 / AB# /a;#/ TITLE: DEPT. HD. MANZANITA APARTMENTS MTG. 11/g/99 ZC 98-09/LCPA 98-06/SDP 98-19 CITY ATTY. 2!F DEPT. PLN @ CITY MGR- RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. NS- 613, APPROVING ZC 98-09, and ADOPT Resolution No. 99-496 APPROVING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 98-09, LCPA 98-06, and SDP 98-19. ITEM EXPLANATION: The proposed project is for the development of a 157-unit apartment development with related recreational amenities and preservation of open space on undeveloped parcels along El Camino Real just south of its intersection with Cassia Road. The project is designed to cluster the development in a 9.75acre corner of the site, allowing the preservation of approximately 38 acres of sensitive habitat and slope areas in open space. The project would require approval to take 1 unit from the Southwest Quadrant Excess Dwelling Unit Bank and would return 21 dwelling units to the Southeast Quadrant Excess Dwelling Unit Bank. The proposed apartment units would consist of two - and three-bedroom units. The inclusionary housing requirements of the project (24 units) would be satisfied by construction of all required affordable units on-site. The Planning Commission heard this project at a public hearing on September 15, 1999. At that hearing, they unanimously approved the Special Use Permit, Hillside Development Permit, and Coastal Development Permit, subject to pending City Council action of other required permits. They also unanimously recommended approval of the Zone Change, Local Coastal Program Amendment, and Site Development Plan with minor wording changes to some conditions of approval and the addition of one new condition. The wording changes were primarily directed at clarifying some conditions for improvements. One condition was modified to reduce the number of affordable units in any one building from a maximum of 6 to a maximum of 5. A new condition added was to ensure that the balconies facing onto El Camino Real would not be used for storage of items resulting in an unsightly appearance along the scenic corridor. The pad elevations for the project will vary along El Camino Real. At the north end, the development pad elevation will be the same as the roadway elevation. As you move further southward, the pad elevation will be below the roadway elevation by 6 to 10 feet. At the southern end of the development area, the project pad elevation will be approximately 8 feet below the roadway elevation. There were no comments from the audience regarding the project. Staff received no written comments from notified property owners. FISCAL IMPACT: All improvements required to serve this project will be provided concurrent with development. The proposed project site is located within both Zones 21 and 10 in the southwest and southeast (respectively) quadrants of the City. Zone 21 has an approved Local Facilities Management Plan (LFMP). A draft of the proposed LFMP for Zone 10 is currently being reviewed as part of the project applications for the Villages of La Costa Master Plan. However, the portion of the project site which is in Zone 10 will remain undeveloped. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the table below. I F . . PAGE 2 OF AGENDA BILL 1 GROWTH MANAGEMENT: - GROWTH MANAGEMENT COMPLIANCE ZONE 21 The project is 1 unit above the Growth Management Dwelling Unit allowance of 156 dwelling units on the west side of El Camino Real (Southwest Quadrant) and 21 units below the Growth Management Dwelling Unit allowance of 21 dwelling units on the east side of El Camino Real (Southeast Quadrant). ENVIRONMENTAL REVIEW: A Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program have been prepared for this project. The EIA Part II prepared for the project concluded that the project would result in potentially significant effects on the environment: 1) traffic at the Palomar Airport Road/El Camino Real intersection; 2) noise from El Camino Real; 3) cultural (paleontological) resources; and 4) biological resources (sensitive habitat on the project site). Each of these potentially significant impacts can be mitigated to less than significant, and the applicant has agreed to modify the project to implement all of the necessary mitigation measures. Mitigation measures which would reduce these impacts to less than significant have been included in a Mitigation Monitoring Plan attached to Resolution No. 4617. A Mitigated Negative Declaration was issued for the proposed project on May 3, 1999. EXHIBITS: 1. City Council Ordinance No. 2. City Council Resolution No. 3Ez 3. Location Map 4. Planning Commission Resolutions No. 4617,4618,4619, and 4620 5. Planning Commission Staff Report, dated September 15, 1999 6. Draft Excerpts of Planning Commission Minutes, dated September 15, 1999. d 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 ORDINANCE NO. NS-5 17 A ZONE CHANGE CHANGING THE PROPERTY’S ZONING FROM E-A AND L-C TO RD-M/Q ON PROPERTY GENERALLY LOCATED ADJACENT TO EL CAMINO REAL JUST SOUTH OF CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONES 21 AND 10. CASE NAME: MANZANITA APARTMENTS CASE NO.: ZC 98-09 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That the zoning map, being Carlsbad Municipal Code Section 21.05.030, is hereby amended as shown on Exhibit ZC 98-09 attached hereto. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the Ci@ ‘s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 1999, and thereafter. 9th day of November /i/l /l/f /IfI /l/l /l/l /Ill /l/l II// /l/l ///I 3 Ir 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 , 0 0 PASSED AND ADOPTED at a regular meeting of the City Council o Carlsbad on the 16th day of November 1999, by the following vote, to wit: AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: NoNE BSENT: NONE ATTEST: (SEAL) ~ -2- PROPERTY ZONE CHANGE ZC: 98-09 draft q final 0 Project Name: Manzanita Apts. - ZC 98-09 Legal Description(s): APN’s: 215-020-22, 13 and 215-021-04 Related Case File No(s): LCPA 98-06/SDP 98-1 S/SUP 98-06/HDP 98-18/GDP 98-73 Zone Change Property: From: To: A. 2 15-020-22 E-A RDM-Q B. 215-020-l 3 L-C RDM-Q C. 215-021-04 L-C RDM-Q D. Attach additional pages if necessary Approvals Council Approval Date: Ordinance No: Effective Date: Signature: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-496 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONI- TORING AND REPORTING PROGRAM, AND APPROVING A ZONE CHANGE, LOCAL COASTAL PROGRAM AMENDMENT AND SITE DEVELOPMENT PLAN. CASE NAME: MANZANITA APARTMENTS CASE NO.: ZC 98-09/LCPA 98-06/SDP 98-l 9 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on September 15, 1999, the Carlsbad Planning Commission held a duly noticed public hearing to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program relating to Zone Change (ZC 98-09) Local Coastal Program Amendment (LCPA 98-06) and Site Development Plan (SDP 98-l 9). At the conclusion of the hearing the Commission adopted Planning Commission Resolutions No. 4617, 4618, 4619 and 4620 recommending approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment and Site Development Plan; and WHEREAS, the City Council of the City of Carlsbad, on the 9th day of NOVEMBER, 1999, held a duly noticed public hearing to consider the Commission’s recommendations and to hear all persons interested in or opposed to the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Zone Change (ZC 98-09) Local Coastal Program Amendment (LCPA 98-06) and Site Development Plan (SDP 98-19) relating to the Manzanita Apartments project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council adopts and incorporates the findings of Planning Commission Resolutions No. 4617, 4618, 4619 and 4620 recommending (;: 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 approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment and Site Development Plan for the Manzanita Apartments. 3. That the Mitigated Negative Declaration reflects the City Council’s independent judgment. 4. That Pursuant to Public Resources Code section 21081.6(d), all the materials that constitute the administrative record in this proceeding are in the custody of and can be found in the offices of the City Clerk and the Director of Planning in the City of Carlsbad. The administrative record includes, but is not limited to: the Mitigated Negative Declaration and all public comments thereon received during the public review period and responses thereto, and the proceedings of the Planning Commission and the City Council thereon. 5. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008.” Ill Ill Ii/ III I// -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 9th day of Nov. 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ATTEST: ,’ M&-HFU.G~J~UT@IKRANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk (SEAL) -3- EXHIBIT 3 ..- MANZANITA APARTMENTS ZC 98-091LCPA 98=06/SDP 98-l 9/ Y EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 4617 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION TO ALLOW A 157~UNIT APARTMENT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ADJACENT TO EL CAMINO REAL JUST SOUTH OF CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONES 21 AND 10. CASE NAME: MANZANITA APARTMENTS CASE NO.: ZC 98-09/LCPA 98-06KDP 98-l 9/ SUP 98-06/HDP 98-18KDP 98-73 9 WHEREAS, Manzanita Partners, LLC, “Developer”, has filed a verified 10 application with the City of Carlsbad regarding property owned by Bons Revocable Living 11 Trust and by Manzanita Partners, LLC, “Owners”, described as 12 13 14 15 16 A portion of the NE and SE % of the SW % of Section 23, T12S, R4W, SBM, County of San Diego. (“the Property”); and WHEREAS, a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program were prepared in conjunction with said project; and 17 I WHEREAS, the Planning Commission did on the 15th day of September, 1999, 5 18 19 hold a duly noticed public hearing as prescribed by law to consider said request; and 20 /I WHEREAS, at said public’hearing, upon hearing and considering all testimony 21 and arguments, examining the initial study, analyzing the information submitted by staff, and 22 considering any written comments received, the Planning Commission considered all factors 23 II relating to the Mitigated Negative Declaration. 24 25 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 27 4 28 W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration according to “ND” dated May 3, 1999, “PII” dated March 12, 1999, 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 and the Mitigation Monitoring and Reporting Program attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. b. c* . d. Conditions: it has reviewed, analyzed and considered Mitigated Negative Declaration, the environmental impacts therein identified for this project and any comments thereon, and the Mitigation Monitoring and Reporting Program prior to RECOMMENDING APPROVAL of the project; and, the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and, they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and, based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 1. This project is approved subject to compliance with the mitigation measures listed in the Environmental Assessment Part II for the Manzanita Apartments project dated March 12, 1999, and the developer shall implement, or cause the implementation of, the project Mitigation Monitoring and Reporting Program. PC RESO NO. 4617 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of September, 1999, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOtiMILtiR Planning Director /a PC RESO NO. 4617 -3- _- City of Carlsbad MITIGATED NEGATIVE DECLARATION Project Address/Location: On the west and east sides of El Camino Real, immediately south of the intersection of El Camino Real and Cassia Road, in the City of Carlsbad, County of San Diego. Project Description: A 157-unit apartment complex with associated recreational facilities. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Elaine Blackburn in the Planning Department at (760) 438- 116 1, extension 447 1. DATED: MAY 3,1999 CASE NO: ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98-18/GDP 98-73 CASE NAME: MANZANITA APARTMENTS r PUBLISH DATE: MAY 3,1999 Planning Director /3 2075 La Palmas Dr. l Carlsbad, CA 92009-1576 l (760) 438-l 161 - FAX (760) 438-0894 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZC 98-09/LCPA 98-06/SDP 98-19/SUP98-06/HDP 98- 18/GDP 98-68 DATE: March 12.1999 BACKGROUND 1. CASE NAME: Manzanita Anartments 2. APPLICANT: Manzanita Partners. LLC 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 1155 Cuchara, De1 Mar. CA 92014 4. DATE EIA PART I SUBMITTED: October 2.1998 5. PROJECT DESCRIPTION: A nrouosed Local Coastal Proeram Amendment and Zone Change to change the land use designation for the site from Limited Control (L-C) and Exclusive Agriculture (EA) to Residential Densitv Multiole. Oualitied Develonment Overlav Zone (RDM- 0) on a 47.6 acre nrouertv. Also nrouosed is a Site Develonment Plan for 157 two and three bedroom anartment units, a Hillside Develoument Permit. a Coastal Develonment Permit and Suecial Use Permit. The uroiect site is located at the southwest comer of Cassia Road and El Camino Real. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” in the checklist on the following pages. q Land Use and Planning Ix1 Transportation/Circulation 0 Public Services cl Population and Housing Ix1 Biological Resources q Utilities & Service Systems 0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics 0 Water El Hazards IXI Cultural Resources Ix) Air Quality txl Noise El Recreation 0 Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) 0 0 0 Ix1 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-Ol), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Plannerl Signature Date Date Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. 0 A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. 0 “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. 0 “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. a “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. l Based on an “EL4-Part II”, if a proposed project could have a potentially significant . effect on the environment, but @J potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. l A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/28/96 IQ l If there are one or more potentially significant effects, the City may avoid preparing an ElR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) b) c> 4 4 Conflict with general plan designation or zoning? Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Be incompatible with existing land use in the vicinity? Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a> b) 4 4 e) f) 8) h) 9 Fault rupture? Seismic ground shaking? Seismic ground failure, including liquefaction? Seiche, tsunami, or vOlcanic hazard? Landslides or mudflows? Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Subsidence of the land? Expansive soils? Unique geologic or physical features? IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff! b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? Potentially Significant Impact q 0 0 El 0 Cl El El El 0 El cl El El 0 El El 0 III cl El q Potentially Significant Unless Mitigation Incorporated q III 0 0 0 0 0 0 0 0 •I El cl cl 0 q 0 El 0 0 q Less Than No Significan Impact t Impact q lxl 0 IXI cl lxl cl lxl 0 lxl 0 lz 0 Ix] 0 lxl III lxl 0 lxl cl lxl 5 Rev. 03128196 /g Issues (and Supporting Information Sources). f) g) h) i> Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Altered direction or rate of flow of groundwater? Impacts to groundwater quality? Substantial reduction in the amount of groundwater otherwise available for public water supplies? V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off-site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, . insects, animals, and birds? b) Locally designated species (e.g. heritage trees)? c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? Potentially Significant Impact 0 0 0 El lxl cl El 0 lxl 0 0 El El El 0 El El El cl 0 cl Potentially Less Than No Significant Significan Impact Unless t Impact Mitigation Incorporated 0 El Ix1 0 cl lxl 0 0 lxl 0 0 lzl 0 El 0 q 0 q 0 0 0 cl El lxl q Cl IXI cl 0 0 0 0 l-xl Ix1 0 cl 0 0 Ix] lxl 0 cl IXI q cl 0 cl lxl q III] lxl 6 Rev. 03128196 /9 Issues (and Supporting Information Sources). b) c> Use non-renewable resources in a wasteful and inefficient manner? Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Would the proposal involve: a) b) c> 4 4 A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? Possible interference with an emergency response plan or emergency evacuation plan? The creation of any health hazard or potential health hazards? Exposure of people to existing sources of potential health hazards? Increase fire hazard in areas with flamrnable brush, grass, or trees? X. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? XI. XII. PUBLIC SERVICES. Would the proposal ‘have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? b) Have a demonstrated negative aesthetic effect? Potentially Significant Impact q q 0 q q q q q q q q q q El q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q q q q q q q q lxl q q q q q q 0 q q q q q q q Less Than Signitican t Impact q q q q q q q q q q q q q q No Impact lxl lxl Ix1 lxl El lxl Ix] IXI q Ix) El Is1 txl lxl q lxl q El q lxl q lxl q Ia q El q lxl q El q lxl 7 Rev. 03/28/96 Issues (and Supporting Information Sources). c) Create light or glare? XIV. xv. XVI. CULTURAL RESOURCES. Would the proposal: a) b) cl 4 Disturb paleontological resources? Disturb archaeological resources? Affect historical resources? e) Have the potential to cause a physical change which would affect unique ethnic cultural values? Restrict existing religious or sacred uses within the potential impact area? RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? XVII EARLIER ANALYSES. Potentially Significant Impact q q q q q q q q q q q Potentially Significant Unless Mitigation incorporated q El q q q q q q q q q Less Than Signitican t Impact q q q q q q q q Ia q q No Impact Ix] q lxl lxl lzl Ix1 Ix1 lxl q Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration, Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: Earlier analyses used. Identify earlier analyses and state where they are available for review. W Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant 8 Rev, 03128196 d/ to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined fi-om the earlier document and the extent to which they address site- specific conditions for the project. 9 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION A. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING Environmental Setting/Site Descrmtion The project site is a 47.6 gross-acres site located in the southwest and southeast quadrants of the City. The site is bisected (North/South) by El Camino Real. just south of its intersection with Cassia Road. (See attached map.) The majority of the site (approximately 38 acres) is on the west side of El Camino Real (i.e., the “western portion”). This portion of the site is currently undeveloped, but has previously contained several greenhouses on an existing nursery site. This portion of the site also contains high power transmission lines within an easement which runs approximately northwest to southeast through the site. Development of the site will be confined to a small part of this western portion. The portion of the site which is on the east side of El Camino Real (i.e., the “eastern portion”) is also undeveloped. This part of the site was not part of the nursery use. This eastern portion will remain undeveloped. Elevations on the property range from about 220 feet above mean sea level (amsl) at the western end of the property, to about 330 feet amsl at the nursery facility. The -overall site contains numerous sensitive and non-sensitive vegetation communities (including coastal sage scrub, southern maritime chaparral, coastal live oak, and seasonal wetlands) and a number of vernal pools. (See Biological Resources discussion below for detailed discussion.) One pair -of California gnatcatchers has been observed on site previously, so their continued presence is assumed. Project Description The Manzanita Apartments project is a proposed apartment development consisting of 157 two- and three-bedroom units and related recreational facilities, The proposed development of the site would be concentrated on 9.75-acres in the northern part of the site on the west side of El Camino Real. Approximately 6.42 acres of the site would be utilized for the full improvements of El Camino Real (on both sides) within the project boundaries. The majority of the site would be preserved in open space (including the entire portion on the east side of El Camino Real and approximately 28 acres of the portion on the west side of El Camino Real). Thus, a total of approximately 3 1.47 acres would remain in permanent open space. The site has General Plan designations of RM and RLM (Medium Density Residential and Low-Medium Density Residential). The site is zoned E-A (Exclusive Agricultural) and L-C (Limited Control). The applicant is proposing to rezone the property to RD-M (Residential Density-Multiple). The western portion of the site is located within the Coastal Zone. The northern part is in the Mello II Segment, and the southern part is in the Mello I Segment of the Local Coastal Program. B. ENVIRONMENTAL ANALYSIS I. Land Use and Planning The subject property has two General Plan designations. The western portion of the site is designated RM (Medium Density Residential), and the eastern portion is designated RLM (Low 10 Rev. #3/28/96 23 is consistent with the General Plan designations. The zoning on the western portion of the site is L-C (Limited Control) and E-A (Exclusive Agricultural). The zoning on the eastern portion is L- C. The L-C zoning category is a “holding” category which is applied until the appropriate zoning for a site can be determined. The applicant is proposing to change the zoning to RD-M (Residential Density-Multiple). The proposed RD-M zoning would bring the site into consistency with the RM underlying General Plan designation and would be compatible with surrounding zoning and anticipated land uses. The proposed project does not conflict with any adopted environmental plans and would not be incompatible with existing land uses in the vicinity. The proposed project would include 157 apartment units. The property to the north of the project site contains an. apartment development which is similar in scale and provides affordable housing units. The properties to the west and south are or will be developed with residential uses at compatible densities. The proposed project would not affect agricultural resources or operations. The site is undeveloped and is not used for agricultural activities and does not include any agricultural lands designated as significant. The proposed project would not disrupt or divide the physical arrangement of an established community. The project site is undeveloped. The proposed project would be similar in design, and functionally compatible with, the neighboring development to the north, which is an apartment development which provides affordable housing units. Therefore, the project will not result in potentially significant impacts to land use and planning. The western portion of the site is located within the Coastal Zone. The northern part is in the Mello II Segment, and the southern part is in the Mello I Segment of the Local Coastal Program. The project would be consistent with the applicable Coastal regulations. II. Ponulation and Housing The project site is designated for, and therefore expected to be developed with, residential units. These units are a part of the anticipated build-out of the City. The project would not require a significant extension of major services or infrastructure. The project would not displace existing housing. The project site is currently undeveloped. Therefore, the project would not result in potentially significant impacts to population and housing. III. Geologic Problems A preliminary geotechnical investigation was conducted for the project site. This study concluded that the project site is appropriate for the proposed development, subject to the recommendations in the study. Since no fault crosses the subject site, the risk of ground rupture was considered remote. Due to the soils types present, the probability of liquefaction was found to be negligible. The site contains no known or suspected ancient landslides. Grading activities for the proposed project would be subject to the City’s adopted grading regulations and the Landscape Guidelines Manual, which would include requirements for implementation of all necessary erosion control methods. The site does not contain any unique geologic or physical features. Iv. Water Creation of impervious surfaces does result in potential changes in absorption rates, drainage patterns and/or the rate/amount of surface runoff. However, the proposed project would be conditioned to comply with all applicable City regulations governing such changes, including any applicable NPDES requirements. These requirements would ensure that no significant impacts result from the project. The project would not result in exposure of any people to flood hazards. It also would not result in changes in the amount of surface water in any water body. Rev. 03128196 The site is inland and would not result in any changes in currents or the course or direction of water movements (other than minor drainage pattern changes on-site). The geotechnical study found no groundwater on the site. No potentially significant impacts to water are anticipated from the project. V. Air Oualitv Air quality impacts from the proposed project would include both short-term/temporary impacts during grading and/or construction and long-term impacts. During grading operations, some temporary dust might be generated. This would be confined to areas proposed for grading and would not be of sufficient quantity to have any long term or materially significant cumulative impacts. Uniform standard dust control suppression techniques would be utilized. The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. The proposed project is an apartment complex. This type of use would not be expected to expose any sensitive receptors to pollutants. The proposed project would not alter air movement, moisture, or temperature of cause any change in climate. The proposed project consists of 157 apartment units. The structures are designed to comply with all applicable City setback requirements and height limitations, thus ensuring adequate air movement/circulation. The proposed use (an apartment complex) is not expected to generate objectionable odors. 12 Rev. 03/28/96 VI. TransnortatiorKirculation The proposed project would generate approximately 942 average daily vehicle trips and would contribute incrementally to traffic and congestion on existing and planned roadways in the project vicinity. In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would result from the build-out of the City under an updated General Plan. That document concluded that continued development to build-out as proposed in the updated General Plan would have cumulative significant impacts to transportation/circulation in the region. To lessen or minimize the impact on transportation/circulation associated with General Plan build-out, a variety of mitigation measures were recommended in the Final Master EIR. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build- out of the General Plan due to regional through-traffic. In addition, the City has recently received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to Section 15 162 of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA. Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. The project site is located approximately 1.5 miles from the PARECR intersection. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes (northbound to eastbound and westbound to northbound). This project would be conditioned to pay its fair share of the intersection “short-term improvements” thereby guaranteeing mitigation to a level of insignificance. The street system for the proposed project will be required to comply with all applicable City regulations and standards to ensure that no safety hazards result from the design. The project will also be required to provide adequate emergency access as required by the City Engineering and Fire Departments. The proposed project would require provision of approximately 366 parking spaces, all of which would be provided on site. The proposed circulation system would address vehicle, bicycle and pedestrian needs. The street system would be designed to meet all City requirements, including the provision of bicycle lanes as required, and the provision of sidewalks and other pedestrian pathways as needed. The site does not include and is not near any rail, waterborne, or air traffic facilities and would not impact any such activities. VII. Biological Resources The project site has been reviewed for sensitive biological resources by Dudek and Associates. The findings of that review are contained in a “Biological Resources Report and Impact Assessment - Manzanita Partners Property,” dated December 21, 1998. The following discussion is a summary of some of that report. 13 Rev. 03/28/96 The biological study concludes that the proposed project would result in direct impacts to biological resources through the removal of habitat and plant and animal populations as the site is graded, and infrastructure, buildings, facilities, and landscaping are built/installed. The project site is in a critical geographic position with respect to habitat connectivity in the City. Because it straddles El Camino Real, the site could play a key role in connecting fairly extensive tracts of habitat to the west and south of Palomar Airport Road with the conserved Bank of America-owned lands to the east. The project site supports an intact southern maritime chaparral habitat and other natural vegetation. The portion that fronts El Camino Real (on the west side) has been subject to past greenhouse and current nursery uses and is in a degraded condition. The site contains one plant species listed as endangered by USFWS: De1 Mar Manzanita. The site also contains five other species recognized as sensitive by local or regional agencies: summer-holly, De1 Mar Mesa sand-aster, California adolphia, and Nuttall’s scruboak, Orcutt’s brodiaea, and ashy spike-moss. One animal species listed as threatened by USFWS was observed: California gnatcatcher. No other sensitive species were found. The site also contains several plant communities which are considered environmentally sensitive, including southern maritime chaparral, coastal sage scrub, coast live oak woodland and vernal pools. (The portion of the site west of El Camino Real one vernal pool, which has been disturbed. The remaining seven vernal pools are on the eastern side of El Camino Real. This portion of the site is to remain in open space.) The biology report for the project site determined that implementation of the project would result in the direct loss of approximately 16.17 acres of sensitive vegetation, including impacts to the following habitat types: a) 0.0 acre of annual grassland (considered less than significant) b) 1.39 acres of coastal sage scrub, 1.61 acres of disturbed coastal sage scrub and 0.4 acre of coyote brush scrub (considered significant) c) 1.78 acres of southern maritime chaparral (considered significant) d) 0.1 acre of one disturbed vernal pool associated seasonal wetland habitat (considered significant) e) 10.89 acres of disturbed habitat/developed land (considered less than significant) The impact to (loss of) one pair of California gnatcatchers is also considered significant. In general, the proposed plan results in the preservation of approximately 31.47 acres of open space, of which approximately 27.14 acres are native habitats in natural open space, including 100 percent (1.31 acres) of the coast live oak woodland and annual grass land, 92 percent (19.84 acres) of southern maritime chaparral, 82 percent (totaling 0.09 acre) of vernal pools, and approximately 63 percent (5.79 acres) of coastal scrub. The location and configuration of the open space land is conducive to long-term viability as it is a single, large, concentrated block of habitat linked with offsite natural habitat. There will be impacts to habitat supporting one California gnatcatcher pair. 14 Rev. 03/28/96 d 3- The following impacts associated with implementation of the proposed development plan would be considered significant: a) Loss of 1.39 acres of coastal sage scrub, 1.61 acres of disturbed coastal sage scrub and 0.4 acre of coyote brush scrub. The impacts to coyote brush scrub, coastal sage and disturbed coastal sage scrub are significant because these plant communities are considered to be declining. b) Loss of 1.78 acres of southern maritime chaparral. The impacts to southern maritime chaparral are considered significant because this is one of the most limited-distribution plant communities in the County. c) Loss of 0.1 acre of vernal pool and associated seasonal wetland. The impacts are considered significant due to the vernal pools are a rare and declining habitat type. d) Loss of 1 pair of California gnatcatchers. The project design includes mitigation of direct impacts to southern maritime chaparral, coastal sage scrub and seasonal wetland through enhancement and restoration of 0.09 acre of wetland under-story in coast live oak woodland. Included in the project design is the granting of an irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an open space easement over the 31.47 acres of non-developed portions of the site. Since the presence of the California gnatcatcher was observed onsite, the grading operations would be restricted during the gnatcatcher’s breeding season, from February 1 to August 3 1 each year. Based upon the information in the biological study, the proposed mitigation measures, as generally described above and included in the attached mitigation monitoring plan, would reduce the project’s impacts to biological resources to a level of insignificance. VIII. Energv and Mineral Resources c; The proposed project would not conflict with any adopted energy conservation plan. Carlsbad (including the project site) has no non-renewable energy resources (e.g., natural gas, oil, coal). Energy would be consumed at the project site in two phases. The first phase would be during construction. The second phase would be after the project is completed and is being occupied. Energy consumed during construction is considered to be short-term and is, therefore, not a significant impact. Energy consumed after occupancy of the project would not have a significant impact as building construction must comply with Title 24 of the California Administrative Code, which sets forth energy conservation requirements for new construction. Measures related to reducing the demand for automobile fuel would be addressed under the sections dealing with air quality and traffic. IX. Hazards The proposed use (an apartment complex) is not the type of use which would be likely to result in a risk of explosion or release of hazardous substances or which would create any health hazard. The project also would not interfere with emergency response/evacuation plans. The circulation system of the project will be required to meet all applicable City requirements to ensure that emergency vehicles can serve the project site and surrounding areas. The project will be required to comply with the City’s Landscape Guidelines Manual (including provision of required fire suppression zones) to ensure that any risk of fire is minimized. Therefore, the 15 Rev. 03128196 2f project would not result in any potentially significant hazards. X. Noise The proposed project (157 apartments) would result in some small increase in the general noise level in the community. However, this increase would be very small (i.e., not potentially significant). The project could result in exposure of some people (the new residents of the apartments) to increased noise resulting from the adjacent roadway (El Camino Real). A noise study was prepared for the project by Investigative Sciences and Engineering. The study concluded that some portions of the project would be exposed to noise levels greater than the maximum 60-dBA CNEL level allowed by the City. Impacted locations included 1) those portions which were not shielded from roadway noise by the presence of the garage structures; 2) second and third floor areas (due to their elevation above the proposed garage structures, and 3) some ground level patios. Noise impacts to both of these areas can be reduced to less than significant by mitigation. Mitigation would involve the use of appropriate construction materials and design measures, which would lower the interior noise level of the affected units to a maximum 45 dBA CNEL and noise barriers for patios to reduce the external noise level to a maximum of 60 dBA CNEL. This mitigation requirement is included in the attached mitigation monitoring plan and would be made a condition of approval of the project. XI. Public Services The proposed project would be conditioned to comply with all requirements of the applicable Local Facilities Management Zone plan, which will ensure that there are no significant impacts to fire/police protection or other government services or maintenance of public facilities. Impacts to public schools will be significant, but payment of statutory fees will mitigate these impacts to a less than significant level. XII. Utilities and Services Svstems The proposed project would be conditioned to comply with all requirements of the Local Facilities Management Plan for Zone 21 (per the City’s Growth Management regulations). Compliance with these requirements will ensure that all necessary utilities and services can be provided, resulting in no potentially significant impacts to utilities and service systems. XIII. Aesthetics The project site is located along a designated Scenic Corridor. However, the project will be required to comply with all applicable design guidelines to ensure that there is no significant impact to this scenic roadway and no generally negative aesthetic effect. The project would include some typical lighting (for parking areas, etc.). However, this lighting will be required to be directed downward so that there will be no significant light intrusion to neighboring properties/uses. XIV. Cultural Resources A survey for potential paleontological resources was conducted, and a report (dated August 27, 1998) was prepared by Thomas A. Demere. This report concluded that the potential for the discovery of fossils during future grading and construction activities was high. This would 16 Rev. 03128196 a9 constitute a potentially significant impact. However, the impact can be reduced to less than significant by the mitigation required and contained in the attached mitigation monitoring plan. (This mitigation requirement would also be a condition of approval for the project.) A Cultural Resource Survey and Evaluation for Archeological Significance was prepared by Recon (dated November 11, 1998). This survey concluded that any remains found at the project site (on the west side of El Camino Real) are not considered significant. The portion of the site on the east side of El Camino Real was not evaluated. However, that site is not proposed for development. It is to be left undeveloped. Therefore, the project would not result in potentially significant archaeological impacts. The site contains no other historical resources. It also does not have any unique cultural/ethnic value and does not serve as a location for religious or sacred uses. XV. Recreational The project site does not currently serve as a recreation site/facility. Therefore, the project would not reduce existing recreation opportunities. The proposed project would create 157 new apartments, thereby increasing the demand for recreational opportunities. This additional demand would be satisfied by two means. First, the project would include a centralized recreation facility on-site for use by the apartment residents. This on-site facility would include a swimming pool. Second, the project would be conditioned to pay a park-in-lieu fee as required by the Local Facilities Management Plan. Therefore, the project would not result in potentially significant recreation impacts. 17 Rev. 03128196 3s C. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 4381161, extension 4471. 1. 2. 3. 4. 5. 6. 7. 8. Final Master Environmental Imnact Renort for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. Renort of Preliminarv Geotechnical Investigation - Manzanita Anartments, dated August 27, 1998, Geotechnical Exploration, Inc. of San Diego, California. Drainage Study - Carlsbad Site Develonment Plan SDP 98-19, dated December 7, 1998, Manitou Engineering Co. Traffic Analvsis for Develonment of La Marinosa Anartments (157 Multi Familv Housing Units), dated February 2, 1999, Dame11 & Associates. Biolopical Resources Renort and Imnact Assessment - Manzanita Partners Pronertv, dated December 2 1, 1998, Dudek & Associates. La Marinosa Anartments Acoustical Studv, dated August 28, 1998, amended November 19, 1998, by Investigative Science and Engineering. Paleontological Resources - Manzanita Pronertv, dated August 17, 1998, San Diego Natural History Museum. Cultural Resource Survev of the Manzanita Auartment Project and an Archaeological Sirrnificance Evaluation of SDM-W-109, dated November 11, 1998, Regional Environmental Consultants @CON). 18 Rev. 03/28/96 c3/ APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. iv-&~-&d;;/4 ?~eTVFPi~ [cc Y i ab, 99 Date I i Signature 20 Rev. 03/28/96 33 - ENVIRONMENTAL MITIGATION MONITORING CHECKLIS I : Page 1 of 5 E E $ 5 t? .a c .B p! .- ii E g .- P E .8l CT$C o- 0 ‘ij m c m-0 0 ENVIRONMENTAL MITIGATION MONITORING CHECKLIS I : Page 2 of 5 ” -0) 2 0. ‘ul 51-” zr*= 05 E 5 --- 0 L ‘5 ki nmn -. ENVIRONMENTAL MITIGATION MONITORING CHECKLIS I : Page 3 of 5 2:i . pg.p g&ti;$ E 11 E 5 -2 ,p CL $“$E$ E E ’ z 2 62 i!J a e it m P ‘5 .C 5 E ; a z 2 8 3 6 5 62 .g b 3 g . . 5 z woq-@ e GE.7 5.r al m rnOC3~ a~‘=’ E I s ‘I. c 5 ;&S : oaf0 5 .p .p .g 2 .ez = II s 2 8.2 lwr” ENVIRONMENTAL MITIGATION MONITORING CHECKLIS I : Page 4 of 5 - ENVIRONMENTAL Ml1 Ibm . l7ON MONITORING CHECKLIS.. age 5 of 5 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4618 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM E-A AND L-C TO ID-M/Q ON PROPERTY GENERALLY LOCATED ADJACENT TO EL CAMINO REAL JUST SOUTH OF CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONES 21 AND 10. CASE NAME: MANZANITA APARTMENTS CASE NO: ZC 98-09 WHEREAS, Manzanita Partners, LLC, “Developer’;, has filed a verified application with the City of Carlsbad regarding property owned by Bons Revocable Living Trust and Manzanita Partners, LLC, “Owners”, described as a portion of the NE and SE % of the SW % of Section 23, T12S, R4W, SBM, County of San Diego (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on the draft ordinance Exhibit “AA” dated September 15, 1999, attached hereto, MANZANITA APARTMENTS ZC 98-09 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 15th day of September, 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 Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of MANZANITA APARTMENTS ZC 98-09 based on the following findings and subject to the following conditions: 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 6 18 19 20 21 22 23 24 25 26 27 28 Findinps: 1. That the proposed Zone Change from E-A and L-C to m-M/Q is consistent with the goals and policies of the various elements of the General Plan, in that the proposed zoning would replace the existing L-C zoning, which is intended as an interim zoning designation until proper zoning can be determined, and the existing E-A zoning, which is often applied on sites which are not yet ready for urban development. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the proposed RD-M/Q zoning implements the existing RLM and RM General Plan designations on the subject property. 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principals, in that the proposed RD-M/Q zoning will allow development of the proposed multi-family project, which is consistent with the RLM/RM General Plan designations on the property and is compatible with surrounding existing and planned developments. Conditions: 1. Approval of ZC 98-09 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and LCPA 98-06, SDP 98-19, SUP 98-06, HDP 98-18, and CDP 98-73, and the parcel map or lot line adjustment which consolidates the two western parcels, and is subject to all conditions contained in the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and Planning Commission Resolutions No. 4617, 4619, 4620, 4621, 4622, and 4623, and the City Engineer’s approval of the parcel map or lot line adjustment. 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 PC RESO NO. 4618 -2- + 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 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, held on the 15th day of September, 1999, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: ” COURTNEY E. w, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H?&ZMtiER Planning Director PC RESO NO. 4618 -3- . - .- LOCAL COASTAL PROGRAM AMENDMENT LCPA: 98-06 draft q final c] Project Name: Manzanita Apts. - LCPA 98-06 Legal Description(s): APN’s: 215-020-22, 13 and 215-021-04 Related Case File No(s): ZC 98-09/SDP 98-19ISUP 98-06/HDP 98-l 8/CDP 98-73 Local Coastal Program Amendment Property: From: To: A. 215-020-22 E-A RDM-Q B. 215-020-I 3 L-C RDM-Q C. 215-021-04 L-C RDM-Q D. Attach additional pages if necessary Approvals Council Approval Date: Ordinance No: Effective Date: Signature: 1 2 3 4 5 6 7 .8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4619 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE LOCAL COASTAL PROGRAM AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED ADJACENT TO EL CAMINO REAL JUST SOUTH OF CASSIA ROAD. CASE NAME: MANZANITA APARTMENTS CASE NO: LCPA 98-06 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Manzanita Partners, LLC, “Developer”, has filed a verified application for an amendment to the Local Coastal Program zoning designations regarding property owned by Bons Revocable Living Trust and Manzanita Partners, LLC, “Owners”, described as A portion of the NE and SE % of the SW % of Section 23, T12S, R4W, SBM, County of San Diego. (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “AA” dated September 15, 1999 attached to Planning Commission Resolution No. 46 18, MANZANITA APARTMENTS - LCPA 98-06, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations (the California Coastal Commission Administrative Regulations); and WHEREAS, the Planning Commission did on the 15th day of September, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 4 That the foregoing recitations are true and correct, W At the end of the State mandated six week review period, starting on May 15, 1999 and ending on July 3, 1999, staff had received no public comments on the proposed Local Coastal Program Amendment. c> That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of MANZANITA APARTMENTS LCPA 98- 06 based on the following findings, and subject to the following conditions: Findings: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I and Mello II segments of the Carlsbad Local Coastal Program, not being amended by this amendment, in that steep slopes containing sensitive habitat will be designated as open space and will be preserved, thus complying with policies regarding the preservation of steep slope areas. 2. That the proposed amendment to the Mello I and Mello II segments of the Carlsbad Local Coastal Program is required to bring the designations of the City’s Zoning Map and the Mello I and Mello II Local Coastal Program segments into conformance. Conditions: 1. Approval of LCPA 98-06 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ZC 98-09, SDP 98-19, SUP 98-06, HDP 98-18, and CDP 98-73, and the parcel map or lot line adjustment which consolidates the two western parcels, and is subject to all conditions contained in the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and Planning Commission Resolutions No. 4617, 4618, 4620, 4621, 4622, and 4623, and the City Engineer’s approval of the parcel map or lot line adjustment. PC PESO NO. 4619 44 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. CDP 98-73 is not valid until LCPA 98-06 is effectively certified by the California Coastal Commission. 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 to the Planning Commission of the City of Carlsbad, held on the 15th day of September, 1999, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4619 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4620 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN SDP 98-19 TO ALLOW A 157~UNIT APARTMENT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ADJACENT TO EL CAMINO REAL JUST SOUTH OF CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONES 21 AND 10. CASE NAME: MANZANITA APARTMENTS CASE NO.: SDP 98-19 WHEREAS, Manzanita Partners, LLC, “Developer”, has filed a verified application with. the City of Carlsbad regarding property owned by Bons Revocable Living Trust and Manzanita Partners, LLC, “Owners”, described as a portion of the NE and SE % of the SW % of Section 23, T12S, R4W, SBM, County of San Diego (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A” - “X” dated September 15, 1999, on file in the Planning Department, MANZANITA APARTMENTS, SDP 98-19 as provided by Chapter 21.06Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of September, 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 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. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of MANZANITA APART- Yd 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 MENTS, SDP 98-19 based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated September 15, 1999 including, but not limited to the following: A. Land Use - The project is consistent with the City’s General Plan since the proposed density of 5.1 du/ac is within the density range of 4-8 du/ac specified for the site as indicated on the Land Use Element of the General Plan and below the 6 du/ac growth control point. B. Circulation - The circulation system is designed to provide adequate access to the proposed units, and complies with all applicable City design standards. C. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to enter into an Affordable Housing Agreement ‘and will be constructing 24 rental units on-site as affordable to lower-income households. 2. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 21 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. D. The Local Facilities Management fee for Zone 21 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 3. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix PC RESO NO. 4620 -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 4. 5. 6. 7. 8. 9. 10. of the CLUP, the proposed land use is compatible with the airport, in that the project site is outside of the 60 dBA CNEL noise contour. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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 project has been designed to preserve sensitive habitat, and has been designed to be compatible with the scale and density of surrounding existing and/or anticipated developments. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project has been designed to provide all necessary setbacks and separations between structures and to satisfy all requirements for parking, landscaping, and other amenities. 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 incorporates all required front, side, and rear setbacks, and incorporates landscaping along El Camino Real and in other locations consistent with the Landscape Guidelines Manual, and no walls or fences are necessary to make the use compatible with surrounding existing or future uses. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that all necessary circulation system improvements will be provided to City standards, access to the site will be from Cassia road, an emergency access roadway will be provided, and the proposed project design includes adequate parking for the use. That this project could have a potentially significant negative cumulative traffic impact on the Palomar Airport Road/El Camino Real intersection. However, this project has been conditioned to pay its fair share of the “short-term improvements”, thereby guaranteeing implementation of a mitigation measure that reduces the potential impact to a level of insignificance. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of final map or issuance of the first building permit, whichever comes first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to PC RESO NO. 4620 -3- 3/8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 J 6. 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan document(s) as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer shall implement, or cause the implementation of, all mitigation measures contained in the Project Mitigation Monitoring and Reporting Program. 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, from (a) City’s approval and issuance of this Zone Change, Local Coastal Program Amendment, Site Development Plan, Special Use Permit, Hillside Development Permit, and Coastal Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). PC RESO NO. 4620 -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 9. 10. 11. 12. 13. 14. 15. 16. - Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 21 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Approval of SDP 98-19 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ZC 98-09, LCPA 98-06, SUP 98-06, HDP 98-18, and CDP 98-73, and the parcel map or lot line adjustment which consolidates the two western parcels, and is subject to all conditions contained in the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and Planning Commission Resolutions No. 4617, 4618, 4619, 4621, 4622, and 4623, and the City Engineer’s approval of the parcel map or lot line adjustment. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st.” Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 24 dwelling units (such units to be dispersed throughout the development such that no single building will contain more than 6 affordable units) as affordable to lower-income households for the useful life of the dwelling units, in accordance with the requirements and process set forth in Chapter 2 1.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the parcel map or lot line adjustment. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The required inclusionary housing units to be constructed for this project shall be dispersed throughout the development such that no single building will contain more than 5 rent-restricted, lower-income inclusionary units. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. PC RESO NO. 4620 -5- 2-0 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 17. 18. 19. 20. 21. 22. 23. 24. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. 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 be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. Prior to approval of the grading permit, the Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain any permits required by the USWFS. Prior to the issuance of the first building permit, 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, Special Use Permit, Hillside Development Permit, and Coastal Development Permit by Resolution(s) No. 4620, 4621, 4622, and 4623 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Prior to the recordation of the first final parcel map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). Prior to the recordation of the first final parcel map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). PC RESO NO. 4620 -6- 5-1 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 25. 26. 27. 28. 29. 30. 31. 32. 33. The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Planning Director. Developer shall construct, install and stripe not less than 366 parking spaces (49 in enclosed garages, 101 in carports and 174 open uncovered), as shown on Exhibits B and C. 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. Prior to approval of the grading permit, final map, or building permit, whichever comes first, the Developer shall submit to the Planning Director a letter from SDG&E granting permission for the use of a portion of the high power transmission line easement for provision of required parking for the project for a minimum of a 50-year time period. The Developer shall pay his fair share for the “short-term improvements” to the El Camino Real/ Palomar Airport Road intersection prior to the issuance of a grading permit. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 21 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. Prior to the issuance of a grading permit or a building permit, which ever occurs first, the Developer shall execute a document or documents to the satisfaction of the Planning Director and the City Attorney which accomplish at a minimum the following: A. continued ownership by the Developer or it’s successors in interest in open space until some future date at which time ownership will be transferred to the City or its designee for perpetual maintenance; B. while in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); and, PC RESO NO. 4620 -7- 34 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 C. transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently estimated to be approximately $75.00 per acre per year.) 34. The Developer shall revise the project plans to provide adequate screening of the proposed development from El Camino Real to the satisfaction of the Planning Director. 35. Management shall impose, enact, and enforce provisions preventing unsightly conditions on all balconies facing El Camino Real to the satisfaction of the Planning Director. Enpineering: 36. 37. 38. 39. 40. 41. 42. 43. 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. 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. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. The developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. A. “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3.” The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. This project is located within the boundary of the Aviara Parkway - Poinsettia Lane Bridge and Thoroughfare Fee District. The developer is required to pay a fair share contribution towards the improvements identified in the district in accordance with the approved fee program. PC RESO NO. 4620 -8- 3-3 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 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. - 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. Developer shall submit proof to the City Engineer that a Notice of Intention has been submitted to the State Water Resources Control Board. No grading for private improvements shall occur outside the limits of the project unless a grading or slope easement or agreement is obtained from 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 case the developer must either amend the site plan or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved site plan as determined by the City Engineer and Planning Director. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or buildingpermit as may be required by the City Engineer. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site plan. The offer shall be made prior to the 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. El Camino Real shall be dedicated by the owner along the project frontage based on a center line to right-of-way width of 63 feet and in conformance with City of Carlsbad Standards. Cassia Road shall be dedicated by the owner along the project frontage based on a center line to right-of-way width of 30 feet and in conformance with City of Carlsbad Standards. Additional right-of-way may be required to accommodate the offsite improvements of dual left turn lanes from northbound El Camino Real to westbound Camino Vida Roble in conformance with City of Carlsbad Standards as required by the City Engineer. Prior to issuance of building permits, the developer shall underground all existing overhead utilities along the project boundary. Direct access rights for the project frontage with El Camino Real shall be waived by separate deed or document prior to building permit issuance. 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. PC RESO NO. 4620 -9- 5t’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 c, 18 19 20 21 22 23 24 25 26 27 28 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. 55. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and the following improvements: ON-SITE W Cl W E) Full width improvements to both sides of El Camino Real along the frontage including transitions as approved by the City Engineer. Improvements to include but not be limited to grading, landscape, irrigation and drainage, curb, gutter & sidewalk, Fully improved median, and traffic signals or traffic signal relocation. % street improvements to Cassia Rd. from El Camino Real to the western boundary of this project including but not limited to grading, landscape, irrigation and drainage, curb, gutter & sidewalk and transition to existing improvements. Extension of a public sewer to serve adjacent development is required. A utility plan to show alternate routes and service connections can be submitted to resolve future connection and service issues. Downstream drainage improvements or maintenance of existing drainage desiltation/detention basins may be required. Increased runoff from this project or diversion of runoff shall be designed to not impact existing facilities beyond the acceptable capacity. Downstream erosion protection will be required as part of the final design for this project. Additional Drainage improvements to include but not be limited to D-41 outlet structures and energy dissipaters that require little or no maintenance as required by the City Engineer. PC RESO NO. 4620 -lO- 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 56. 57. 58. OFF-SITE F) Dual left turn improvements on El Camino Real (northbound) at Camino Vida Roble. Improvements may include but not be limited to grading, drainage, curb and/or AC berms, traffic signing and striping, and traffic signal reconstruction. Right-of-way may also be required to accommodate the proposed improvements. A reimbursement agreement is available for these improvements. G) Improvements to west side of El Camino Real shall extend southerly and connect to Poinsettia Lane improvements as shown on CT 97-15 Dwg # 277- 6. Reimbursement for offsite construction and improvements may be available. Note: If reimbursement agreements are applicable for the above mentioned improvements to El Camino Real and to Camino Vida Roble, the developer shall obtain approval from the City for such agreements prior to approval of the improvement plans for this project. 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. Prior to occupancy of any buildings, the developer shall install wheelchair ramps at the public street comers abutting the project site in conformance with City of Carlsbad Standards. 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 as part of the building site plan review. Drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided, shall be designed and incorporated into the grading/improvement plans for the project. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Community Services Director and the City Engineer. Water: 59. Prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District. 60. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the District serving the development has adequate water and sewer capacity available at the time development is PC RESO NO. 4620 -ll- 56 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 61. 62. 63. 64. to occur, and that such water and sewer capacity will continue to be available until time of occupancy. Water, Sewer and Irrigation laterals shall be located in accordance with City and District Standards to the satisfaction of the Deputy City Engineer - Utilities. Laterals for Fire Detector Check Valve Assemblies shall be located within easements in accordance with all City and District Standards to the satisfaction of the Deputy City Engineer - Utilities. The locations to be approved may require additional easement dedication to the District. All water, sewer and recycled water improvements shall be designed and constructed substantially as shown on the Site Development Plan in accordance with all City and District Standards to the satisfaction of the Deputy City Engineer - Utilities. The Developer will be responsible for extending the existing 8’ PVC sewer pipeline across El Camino Real substantially as shown on the Site Development Plan in accordance with all City and District Standards to the satisfaction of the Deputy City Engineer - Utilities. Code Reminders: This project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 65. 66. 67. 68. 69. 70. 71. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. 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. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. Prior to issuance of building permits, the developer shall underground all existing overhead utilities along and within the project boundary. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in -4 , PC RESO NO. 4620 -12- 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 72. 73. 74. substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 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. Addresses, approved by the Building Official, 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, as required by Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 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. . . . . . . . . . . . . . . . . . . . . . PC RESO NO. 4620 -13- d-8 1 2 3 4 5 6 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 15th day of September, 1999, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H&!!kItiER Planning Director PC RESO NO. 4620 -14- i EXHIBIT 5 The City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION a Item No. 4 0 . Application complete date: November 12,1998 P.C. AGENDA OF: September 15,1999 Project Planner: Elaine Blackburn Project Engineer: Clyde Wickham SUBJECT: ZC 9&09/LCPA 98-06/SDP 98-19/SUP 98-OWHDP 98-18KDP 98-73 - MANZANITA APARTMENTS - Request for approval of a Mitigated Negative Declaration, Zone Change, Local Coastal Program Amendment, Site Development Plan, Special Use Permit, Hillside Development Permit, and Coastal Development Permit to develop a 157-u& apartment development on a site located adjacent to El Camino Real just south of Cassia Road and within Local Facilities Management Zones 21 and 10. I. RECOMMENDATION That the’ Planning Commission ADOPT Planning Commission Resolutions No. 4617,. 4618 4619, and 4620 RECOMMENDING APPROVAL of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 98-09, LCPA 98-06, and SDP 98-19, and ADOPT Planning Commission Resolutions No. 4621,4622, and 4623 APPROVING SUP 98- 06, HDP 98-18, and CDP 98-73 based upon the findings and subject to the conditions contained therein. . II. INTRODUCTION The proposed project is for the development of a 157~unit apartment development and related recreational amenities and preservation of open space on undeveloped parcels along El Camino Real just south of its intersection with Cassia Road. The proposed apartment units would consist of two - and three-bedroom units. The project would result in the permanent preservation of approximately 38 acres of sensitive habitat and slope areas in an open space easement. The inclusionary housing requirements of the project would be satisfied by construction of all required affordable units on-site. The project requires a zone change and Local Coastal Program Amendment to change the zoning and the coastal program zoning designations from E-A and L- C to RD-M/Q. The development would require approval of a Site Development Plan, Special Use Permit, Hillside Development Permit, and Coastal Development Permit. A Tentative Parcel Map or Lot Line Adjustment (to consolidate the two parcels on the west side of El Camino Real) would be processed following the necessary Planning Commission and City Council actions on the other applications. The project would take 1 unit from the Southwest Quadrant Excess Dwelling Unit Bank and would return 21 dwelling units to the Southeast Quadrant Excess Dwelling Unit Bank. There are no outstanding land use issues .associated with the project. On the basis of these facts staff is recommending approval of the project. Details of the project’s compliance with applicable regulations is discussed in detail in the individual sections of this report. - MANZANITA APARTMENTS - ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98- 19KDP 98-73 September 15,1999 III. PROJECT DESCRIPTION AND BACKGROUND The project area is a 47.6-acre site bisected by El Camino Real just south of its intersection with Cassia Road. (See Exhibit “XX”, attached, for a graphic illustration of the project site.) The majority of the site (approximately 38 acres) is on the west side of El Camino (i.e., the “western” portion). The western portion of the site is undeveloped except for some small structures associated with the Lone Pine Nursery use. The western portion also contains high power transmission lines within an easement which runs northwest to southeast through the site. The western portion of the site contains numerous areas of steep slopes. Elevations on the site range from about 220 feet above mean sea level (M.S.L.) at the western end of the property to about 330 feet above M.S.L. near the nursery site. The southwestern part of this portion contains relatively large stands of environmentally sensitive habitat. Much of the site, however, has been previously disturbed by human activities. The eastern portion of the site (on the east side of El Camino Real) is relatively level and contains seven identified vernal pools. This area has experienced less disturbance than the western portion. The proposed project consists of 157 two- and three-bedroom apartment units and related recreational facilities. The proposed development would be clustered on 9.75 acres in the northern part of the western portion of the site (i.e., at the southwest comer of El Camino Real and Cassia Road). The majority of the site would be preserved in open space (including the entire 7.38~gross acres on the east side of El Camino Real and approximately 28 acres of the portion on the west side of El Camino Real). Thus, a total of approximately 38 acres would remain in permanent open space. The project would include construction of full-width improvements (i.e., curb, gutter, and sidewalks on both sides of the street) to El Camino Real to City standards. Currently access to the project site is from existing dirt roads located along Cassia Road and El Camino Real. Cassia Road improvements have been constructed by the developers of the Poinsettia Hill project. The Manzanita Apartment development is designed to obtain access from Cassia Road .at a point aligned with the eastern access location into the Villa Loma Apartments. For emergency access only, a 20-foot wide secondary access roadway from El Camino Real would be located at the south end of the project. This emergency access route would be gated. The proposed 157 apartments would be constructed in a series of 17 buildings. Each building would contain either 8 or 10 apartment units. Fifteen of the buildings would incorporate both two- and three-story elements. Two of the buildings would incorporate only two-story elements. The proposed building placement is such that the two- and three-story elements would provide as much height variation as possible when viewed from surrounding areas. The buildings would be in a craftsman architectural style, incorporating concrete tile roofs, exposed rafter tails, simulated stone veneer, and stucco. The proposed apartment units would range in size from 1,054 square feet to 1,323 square feet in three floor plans. A fourth floor plan is included as the resident manager’s unit. The floor plan areas and mix are described in more detail in Table 1 below. MANZANITA APARTMENTS - ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98- 19KDP 98-73 September 15,1999 Page 3 Table 1: FLOOR PLAN/AREA SUMMARY FLOOR PLAN # OF BEDROOMS SQUARE FEET # OF UNITS A 2 1,054 56 B 3 1,246 84 C 3 1,323 16 . Manager’s Unit 2 1,248 1 The proposed project would also include recreational facilities. These consist of a central recreation building, swimming pool, spa, and tot lot. The recreation facilities would be placed at the northern end of the project near the entry area where they would be convenient to the majority of the residents. The recreation building contains a total of 2,609 square feet in a 26’4” high, two-story structure. Adjacent to that would be the pool, the spa, and the tot lot. Parking for the project’s residents and guests would be provided in a combination of garages, carports, and uncovered spaces. The project is required to provide a total of 356 parking spaces (3 14 resident and 42 guest spaces) and is designed to provide 366 spaces. According to the City’s proposed Citywide Trail System, Link No. 32 of the system would cross the project site near the southern boundary of the property. Link No. 32 was identified as an unimproved trail which would utilize existing trails in the area and would follow the alignment of Poinsettia Lane. However, due to concerns for the sensitive environmental habitat in this location, the alignment of Poinsettia Lane was changed. Poinsettia Lane, and the trail within the road right-of-way, will now be located on the Lohf property to the south, resulting in the least amount of encroachment into sensitive habitat. This realignment would be consistent with the City’s Open‘Space and Conservation Resource Management Plan. The project site is subject to noise impacts from flight activities at McClellan-Palomar Airport. In addition, some units within the proposed development would be subject to noise impacts from traffic on El Camino Real. Noise attenuation would be addressed by a combination of means. The garages/carports have been placed between the ‘rksidential units and the roadway to help reduce exterior noise impacts. However, the incorporation of appropriate construction methods and materials would also be necessary to adequately reduce noise impacts in some areas of the project (e.g., ground-level patios of some buildings). The project site is within “Core Area 6” of the City’s Draft Habitat Management Plan @MP). The HMP designates the parcel on the east side of El Camino Real as “Proposed Hardline Conservation Area”. That parcel will include no development and will be preserved in an open space easement. The HMP designates the parcels on the west side of El Camino Real as a combination of “Development Area” and “Proposed Hardline Conservation Area”. The project has been designed to be consistent with those area designations. The applicant is proposing to place an open space easement on all areas of the site which will remain undeveloped. It is expected that, when the Draft HMP receives final approval, the City will undertake a General Plan amendment and zoning change to redesignate and rezone the easement areas to open space General Plan and zoning categories. MANZANITA APARTMENTS - ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98- 19KDP 98-73 September 15,1999 The project site has General Plan designations of RLM (Residential Low to Medium Density) and RM (Residential Medium Density). The site is zoned E-A (Exclusive Agricultural) and L-C (Limited Control). The applicant is proposing to rezone the entire site to RD-M (Residential Density-Multiple). The property to the north is designated RM and is zoned RD-M/Q and is developed with an apartment complex (the Vi!la Loma development) which includes inclusionary housing units. The properties to the west are designated RLM and RM and are zoned L-C and RD-M/Q. These properties are undeveloped. The property to the south of the project site is designated RLM and RM and is zoned R-1-7,500/Q. That property will be developed with 73 single-family residences and related open space lots. The property to the east of the project site is designated RLM and OS (Open Space) and is zoned P-C. This area is contained within the pending Villages of La Costa Master Plan area and will be preserved in open space (per the City’s pending Habitat Management Plan). IV. ANALYSIS The proposed project involves the following legislative actions: A. Zone Change from L-C and E-A to RD-M/Q; and, B. Local Coastal Program Amendment, to implement the zone change in the Local Coastal Program. The project is subject to the following regulations and requirements: C. Carlsbad General Plan and City Council Policy No. 43 (Guidelines for Allocation of Excess Dwelling Units); D. Residential Density-Multiple @D-M) Zone and Parking regulations (Chapters 21.24 and 2 1.44 of the Carlsbad Municipal Code); E. Scenic Preservation (S-P) Overlay Zone regulations (Chapter 21.40 of the Carlsbad Municipal Code) and the El Camino Real Corridor Development Standards; F. Hillside Development (HDP) regulations (Chapter 21.95 of the Carlsbad Municipal Code); G. Local Coastal Program regulations (Coastal Development Permit Procedures, Coastal Resource Protection Overlay Zone, and Coastal Resource Overlay Zone - Mello I LCP Segment) (Chapters 21.201,21,203, and 21.205 of the Carlsbad Municipal Code); H. Inclusionary Housing regulations (Chapter 21.85 of the Carlsbad Municipal Code); and, I. Growth Management regulations (Chapter 21.90 of the Carlsbad Municipal Code). The recommendation for approval for this project was developed by analyzing the project for consistency with the applicable City regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. k3 MANZANITA APARTMhNTS - ZC 98-09/LCPA 98-06/SDP 98-19&U’ 98-06/HDP 98- 19KDP 98-73 September 15,1999 Page 5 Letislative Actions A Zone Change The, applicant is proposing to change the zoning on the project site from L-C (Limited .Control) and E-A (Exclusive Agricultural) to RD-M/Q (Residential Density-Multiple with a Qualified Development Overlay). The northernmost parcel within the project site (along Cassia Road) is currently zoned E-A. The remainder of the project site is zoned L-C. The purpose of the L-C Zone is to provide an interim zone for areas where planning for future land uses has not been completed or plans for development have not been formalized. One of the purposes of the E-A Zone is to provide for those uses, such as agriculture, which are customarily conducted in areas which are not yet ready for urban development. The Q Overlay is placed on properties with unusual circumstances (e.g., sites which contain significant areas of steep slopes and/or sensitive habitat and special treatment areas). Placement of the Q Overlay also ensures that a Site Development Plan is processed, thus allowing architectural and site plan review of the project. For this project, the Q Overlay is required for all multi-family development projects. The RD-M Zone is one of the zones which is intended to implement the RLM and RM General Plan designations on the project site. Other residential zones (e.g., R-l) can also implement the RLM and RM designations. However, staff believes the RD-M is a most appropriate choice for the project site, particularly since the proposed development is concentrated in the RM designated area, leaving the RLM portion in open space. The area surrounding the project site is now undergoing development. In recent time, a number of the properties in this area have been rezoned to allow residential development. The property directly to the north of the project site is zoned RD-M and is developed with the Villa Loma Apartment project. Further west and north is the Poinsettia Hills development, which contains attached single-family housing. The Lohf property ,to the south was recently rezoned to R-l-Q and will contain 73 single-family homes. The property to the west is zoned L-C. This property will be rezoned when development is proposed. Staff believes the requested RD-M/Q zoning would be appropriate to implement the RLM and RM General Plan designations on the site and would be compatible with the zoning on surrounding properties. B. Local Coastal Program Amendment The Local Coastal Program Amendment (LCPA) is required in order to implement the proposed zone change from E-A and L-C to RIB-M/Q in the Local Coastal Program. The LCPA will result in the zoning and coastal land use designations for the site being consistent. No comments were received during the required six-week LCPA public notice period. Regulatorv Comuliance C. Carlsbad General Plan and City Council Policy No. 43 (Guidelines For Allocation of Excess Dwelling Units) 8 hM MANZANITA APARTMENTS - ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98- 19/GDP 98-73 September 15, 1999 Page 6 The project site has General Plan designations of RLM and RM. The project is proposed at a density of 5.7 dwelling units per acre. The portion of the site on the east side of El Camino Real is designated RLM and is in the Southeast Quadrant of the City. At a density of 3.2 du/ac (the growth control point for the RLM designation), this portion of the site would yield approximately 21 dwelling units. However, the developer is proposing to preserve this area in an open space easement. The 21 dwelling units allowed on this portion of the site cannot be transferred to the remainder of the project site because the remainder of the site is in the Southwest Quadrant of the City. The Growth Management Plan does not allow transfers of units across quadrant boundaries. Therefore, the 21 unused dwelling units would go into the Excess Dwelling Unit Bank for the Southeast Quadrant. The portion of the site on the west side of El Camino Real has a split RLMRM designation and is located in the Southwest Quadrant of the City. This portion of the site would yield 156 dwelling units. The developer is proposing to build a total of 157 dwelling units. This would require approval to take 1 dwelling unit from the Southwest Quadrant Excess Dwelling Unit Bank. City Council Policy No. 43 establishes the priorities of projects eligible for consideration for granting of excess dwelling units. The proposed project is of a type which falls into the “first priority” for eligible projects, as it clusters the development in one area of the site. This locational adjustment was made in order to preserve larger areas of sensitive habitat. (See attached copy of City Council Policy No. 43.) The western portion of the project site is approximately 38 acres in size. However, much of that area contains sensitive resources. (See Environmental Impact Assessment Part II for a detailed discussion of the habitat on the site.) The developer has designed a clustered development which will minimize impacts to the sensitive habitat on that portion of the site. In addition, the proposed project would result in 21 units going back into the Excess Dwelling Unit Bank for the Southeast Quadrant, since the portion of the project site on the east side of El Camino Real will not be developed at all. Staff believes the project design is in keeping with the intent-of Policy No. 43 and that the granting.of 1 excess dwelling unit from the Southwest Quadrant Excess Dwelling Unit Bank is justified. The project is also consistent with other’ aspects of the General Plan. This compliance is demonstrated in Table 2 below. Table 2 - GENERAL PLAN COMPLIANCE USE, GOAL, PROPOSED USES OBJECTIVE, OR & ELEMENT PROGRAM IMPROVEMENTS COMPLIANCE Land Use - Site is designated . Multi-family Yes RLMRM Density for RLMRM development at 5.7 Designations development at 3.2 du/ac du/ac (RLM) or 6 du/ac (RM) -. MANZANITA APARTMWTS - ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98- 19fCDP 98-73 September 15,1999 Page 7 . . D. Land Use - Preserve natural Project preserves Yes Overall Land Use features (especially many natural Pattern - Policy hillsides). features, including c.2 hillsides and sensitive habitat. LandUse- Encourage Development is Yes Overall Land Use clustering of clustered to protect Pattern - Policy development when sensitive open space c.4 compatible. and is compatible with existing and future development. Land Use - Ensure that pubIic All required public Yes Growth facilities are facilities to be Management - provided provided with Policy C.2 concurrent with development, development. including full-width improvements to El Camino Real. Land Use - Offer a wide range Project provides Yes Residential - of housing types, multi-family Objective B.3 styles, and price residential (rental) levels. development. Circulation - Minimize the Project takes access Yes Policy C.4 number of access off of Cassia Road. points to major and prime arterials. Housing - Policy Provide housing Project provides 24 Yes IV opportunities for affordable low and moderate apartment units. income households. Residential Density-Multiple (RD-M) Zone and Parking The proposed project has been designed to comply with or exceed all applicable requirements of the proposed RD-M Zone and the City’s Parking regulations. Table 3, below, identifies all of the applicable development standards and demonstrates how the project complies with or exceeds that standard. Parking for the project’s residents and guests would be provided in a combination of garages, carports, and uncovered spaces. The project is required to provide 3 14 resident and 42 guest ” parking spaces. The developer is proposing to provide a total of 366 spaces, consisting of 49 garage spaces, 101’ covered spaces, and 174 uncovered spaces (all for residents) and 42 visitor spaces. Some of the proposed uncovered parking would be located within the existing SDG&E high power transmission line easement. The approval of this project is conditioned upon the bd . MANZANITA APARTMENTS - ZC ‘98-09/LCPA 98-06/SDP 98-l 9/SUP 98-06/HDP 98- 19KDP 98-73 September 15,1999 applicants’ getting a letter of approval for this arrangement for a 50-year time period from SDG&E. (SDG&E will not issue such letters until after any necessary City approvals have been granted.) Table 3 - RD-M ZONE & PARKING 1 ( Min. Lot Width I 1 60’ Max. Building Height .35’ 1 Min. Front Yard (Cassia Road) (exceptions to 15’ and 10’) Min. Interior Side Yard 5’ Min. Street Side Yard 10’ Min. Rear yard Accessory Structures: Min. Dist. B/t Bldus. 10’ 10’ Max. Building Height 14’/1-story w/pitch Min. Rear yard 5’ Resident Parking 3 14 Total (Apartments 2-bedrooms (2 spaces/unit) & more) Guest Parking (Apartments) 42 Total (.5 space/unit first 10 units & .25 space/unit subsequent units) OMPLIANCE PROVIDED. Multi-family residential. 47.6 ac 6.2% (of gross site) 30% (of graded area) 940’ 34’3% ” max. (3-story apartments) 26’4” (Recreation Building) 80’ min. (Apartments) 310’ min. 100’ min. 580’ 10’ - 15’ 13’4”/1 -story w/pitch (Garages) 13’6”/1-story w/pitch (Carports) 60’ min. (Carports) 20’ min. (Open parking) 240’ min. (Garages) 70’ min. (Garages/Carports) 30’ min. (Open Parking) 600’ (Garages) 366 Total (49 in garage spaces; 101 in carports; 174 uncovered) 42 Total MANZANITA APARTMWTS - ZC 98-09/LCPA 98-06/SDP 98-19NJP 98-06/HDP 98- 19/GDP 98-73 September 15,1999 Page 9 E. Scenic Preservation (S-P) Overlay Zone Special Use Permit (SUP) and El Camino Real Corridor Development Standards Projects located along the El Camino Real Scenic Corridor require approval of a Special Use Permit (SUP) by the City Planning Commission. The intent of these ,regulations is to.. supplement . the underlying regulations by providing additional development standards in designated areas to preserve or enhance outstanding views or resources, to enhance the appearance of the environment, and to provide development guidelines for scenic corridors. Exceptions to strict compliance with these development standards is allowed when the necessary findings can be made. The proposed project site is located immediately adjacent to El Camino Real and falls within Area 5 (Sunfkesh Rose to Olivenhain Road) of the El Camino Real Corridor Development Guidelines. The project has been designed to comply with all applicable requirements of the El Camino Real Corridor Standards with one exception, as demonstrated in Table 4, below. The only aspect of the proposed project design which does not comply strictly with the El Camino Real Corridor Development Standards is a small area on each side of El Camino Real where the proposed grade change would be 13’4” (east side) and 1 l-12’ (west side) rather than the 10’ maximum standard. The increased elevation change is necessary to achieve the required roadway design standards for El Camino Real. Table 5, below, identifies the findings necessary to approve an exception to the standards and the project justifications for such approval. Table 4 - EL CAMINO REAL CORRIDOR STANDARDS COMPLIANCE STANDARD REQUIRED/ALLOWED PROVIDED Design Theme Old California Craftsman architecture Sidewalks Per staff determination To be provided on both sides of El Camino Real - MANZANITA APARTMENTS - ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98- 19/GDP 98-73 September 15,1999 Paee 10 . F. Table 5 - EL CAMINO REAL COR IIDOR STANDARDS EXCEPTIONS FINDING That compliance with a particular standard is infeasible for a particular project. That the scenic qualities of the corridor will continue to be maintained if the standard is not fulfilled. That the project is designed so as to meet the intent of the scenic preservation overlay zone. Hillside Development (HDP) RESPONSE The standard allowing a maximum grade change of 10’ along El Camino Real is infeasible for this project. The project is required to construct full-width improvements to El Camino Real, a Circulation Element roadway. In order to construct the roadway to City standards, the developer must be place fill soils on the east side of the roadway to a height of 13’4”. The scenic qualities of the corridor will be maintained. The area of additional grade change is not to create a pad for buildings. The increased elevation area will only contain the necessary roadway improvements, thus maintaining the scenic qualities of the corridor. The project has been designed to meet the intent of the overlay zone in that it satisfies all feasible standards. It a) adheres to all grade change limitations/restrictions for all other aspects of the development (i.e., the buildings); b) adheres to all building height limitations; and c) meets or exceeds all setback requirements for the corridor. The eastern portion of the project site will not be developed. The western portion of the project site (where the development would occur) is subject to the Hillside Development regulations in effect within the Coastal Zone (i.e., the “old” hillside regulations). A Hillside Development Permit (HDP) is required for the proposed project because the site contains a slope gradient of 15% or greater and an elevational difference of greater than 15 feet. Grading for the proposed project would involve 37,700 cubic feet of balanced cut and fill grading. Approval of a grading permit is required. The project proposes some grading into steep slopes. However, this encroachment can be allowed by the decision-makers pursuant to Section 21.95.090 (Exclusions). The area of grading encroachment into the steep slopes would be limited to discontinuous areas with a topographic change of less than fifteen feet in height and less than 4,000 square feet in area which are not a part of the surrounding generalized slope. Much of the project grading is necessitated by the construction of full-width improvements to El Camino Real (a Circulation Element roadway). In addition the project design preserves a significant amount (approximately 38 acres) of sensitive habitat in open space. Therefore, staff believes that the 19 MANZANITA AP-ARTMkNTS - ZC 98-09KCPA 98-06/SDP 98-19/SUl’ 98-06/HDP 98- 19/GDP 98-73 September 15,1999 findings necessary to approve the exclusion to the hillside grading regulations can be mqde as demonstrated in Table 6, below. Table 6 - HILLSIDE DEVELOPMENT REGULATIONS COMPLIANCE PERMITTED] 1 STANDARD Max. Slope Height Grading Volume REQUIRE? PROVIDED 30’ 16’ (worst case) O-7,999 cylac 3,973 cyfac Acceptable 4 G. Local Coastal Program Regulations Only the western portion of the,site (west of El Camino Real) is within the Coastal Zone. Within that western portion, the northernmost parcel (APN 215-020-22) is within the Mello II segment of the Local Coastal Program, and the remainder (APN 215-020-13) is within the Mello I segment of the Local Coastal Program. The site is also subject to the requirements of the Coastal Resource Protection Overlay Zone regulations, which apply throughout the Coastal Zone; and the Coastal Resource Overlay Zone for Mello I. Compliance with these requirements is discussed below. 1. Coastal Resource Protection Overlay Zone The Coastal Resource Protection Overlay Zone is intended to supplement the underlying zone by providing additional resource protection regulations within designated areas to preserve, protect, and enhance the habitat resource value of lagoons and sloping hillsides. This overlay zone applies throughout the City. It provides that steep slope areas (25% or greater slopes) not containing endangered plant/animal species or coastal sage scrub and chaparral plant communities are generally to be preserved in their natural state. Limited disturbance of these areas (i.e., “dual criteria” slopes) may be. permitted, subject to specific findings, when their preservation would preclude any reasonable USC df the property. ln these cases, the encroachment may riot exceed 10% of the total steep slope area. The proposed project site contains numerous areas of such 25%-40% dual criteria slop,es throughout the project site. These areas total 5.42 acres of the western portion of the site. The proposed project would result in some disturbance to an area of 0.2 acre of these slopes. The justifications for this encroachment, and the responses to the necessary findings, are included in Table 7 below. Table’7 - COASTAL RESOURCE PROTECTION OVERLAY ZONE FINDING RESPONSE That a soils investigation be conducted to The geotechnical investigation conducted determine that the site slope areas are ’ for the project includes recommendations stable and that grading/development for grading and development of the site impacts are mitigable for at least 75 years which will ensure slope stability. These or the life of the structure. recommendations include, among other things, planting of the slopes with an 1 erosion resistant plant material. MANZANITA APARTMENTS - ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98- 19/GDP 98-73 September 15,1999 That grading of the slope is essential to the development of the site. That slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation. For projects of 10 acres or less in size and which are predominated by steep slopes, that grading may be allowed only if no interruption of significant wildlife corridors occurs. No grading of steep slope areas will be permitted unless all environmental impacts have been mitigated. damage or alteration because the area of disturbance is a small discontinuous slope area at the edge of the proposed development pad and the bulk of the The project approvals contain a condition requiring mitigation of the identified 2. Coastal Resource Overlay Zone - Mello I This overlay zone applies to properties located in the ujatershed of Batiquitos Lagoon identified by the California Department of Fish and Game as a unique wetland habitat. This overlay zone is also intended to protect sensitive resources. The project’s compliance with the applicable regulations of this overlay zone are discussed in Table 8 below. Table 8 - COASTAL RESOURCE OVERLAY ZONE - MELLO I FINDING RESPONSE Max. density of development shall be 7 units per gross acre. Underlying zoning shall be either P-C or RD-M. The density of the proposed project is 3.9 dwelling units per gross acre (based upon the gross acreage on the west side of El Camino Real only). The proposed underlying zoning is RD- M. I MANZANITA APARTMWTS - ZC 98-09/LCPA 98-06/SDP 98-l 9/SUP 98-06/HDP 98- 19KDP 98-73 September 15,1999 H. Inclusionary Housing The City’s Inclusionary Housing regulations require that a minimum of 15% of all approved units in any residential specific plan or qualified subdivision be made affordable to lower income households. The inclusionary housing requirement for this project is 23.55 affordable dwelling units. The applicant is proposing to satisfy this requirement by providing 24 affordable units. In addition, at least 10% (2.4) of those affordable units must be a-bedroom units. The developer is proposing to provide 9 3-bedroom units (36% of the total affordable units) to satisfy the requirement for 3-bedroom units. Therefore, the proposed project would meet or exceed all applicable inclusionary housing requirements, as demonstrated in Table 9, below. The proposed affordable units would be dispersed throughout the development to ensure that they would not be concentrated in a particular building or group of buildings. Because these are rental units, the timing of need for and availability of affordable units will vary. Therefore, the affordable housing agreement will identify a method of monitoring to ensure that the required number of affordable units is always available. I. Table 9 - INCLUSIONARY HOUSING COMPLIANCE STANDARD I REQUIRED I PROVIDED 1 Inclusionary 23.55 units Requirements (Units/Fees) Location of Units n/a Mix of Bedrooms (10% 3- 2.4 units bedroom) 10% of affordable units Incentives Requested n/a 1. Density Increase 2. Standards .Modifications 3. Direct Financial Growth Management 24 units Dispersed 9 Llnits 36% of affordable units nfa The proposed project site is located within both zones 21 and 10 in the southwest and southeast (respectively) quadrants of the City. Zone 21 has an approved Local Facilities Management Plan (LFMP). A draft of the proposed LFMP for Zone 10 is currently being reviewed as part of the project applications for the Villages of La Costa Master Plan. However, the portion of the project site which is in Zone 10 will remain undeveloped. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 10 below. MANZANITA APARTMENTS - ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98- 19/GDP 98-73 September 15,1999 Table 10 - GROWTH MANAGEMENT COMPLIANCE ZONE 21 STANDARD IMPACTS PROVIDED City Administration 545.8 sf Yes Library 291.1 sf .Waste Water Treatment 157 EDU Yes Yes Parks Drainage Circulation 1.09 ac Basin D 942 ADT Yes Yes Yes Fire Open Space Schools Stations No. 2 & 4 15% (7.14 ac) CUSD Yes Yes Yes . 39.7 elementary students 10.5 junior high students 21.5 high school students Sewer Collection System Water 157 EDU 36,110 GPD Yes Yes The project is 1 unit above the Growth Management Dwelling Unit allowance of 156 dwelling units on the west side of El Camino Real (Southwest Quadrant) and 21 units below the Growth Management Dwelling Unit allowance of 21 dwelling units on the east side of El Camino Real (Southeast Quadrant). ‘ENVIRONMENTAL ANALYSIS The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). This review concluded that the project would result in potentially significant effects on the environment: 1) traffic at the Palomar Airport Road/El Camino Real intersection; 2) noise from El Camino Real; 3) cultural (paleontological) resources; and 4) biological resources (sensitive habitat on the project site). Each of these potentially significant impacts can be mitigated to less than significant, and the applicant has agreed to modify the project to implement all of the necessary mitigation measures. Mitigation measures which would reduce these impacts to less than significant have been included in a Mitigation Monitoring Plan attached to Resolution No. 4617. A Mitigated Negative Declaration was issued for the proposed project on May 3, 1999. The project will generate a total of 71.7 students, which will create a potential environmental impact on school facilities. The project will be required to pay statutory school fees; and the fees have been determined to mitigate impacts to a level of insignificance because the State limits facilities mitigation to the payment of statutory fees and prohibits project denial. 73 MANZANITA APARTMENTS - ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 98- 19/GDP 98-73 September 15,1999 PaPe 15 ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Planning Commission Resolution No. 4617 (Mitigated Negative Declaration) Pleg Commission Resolution No. 4618 (ZC) Planning Commission Resolution No. 4619 (LCPA) Planning Commission Resolution No. 4620 (SDP) Planning Commission Resolution No. 4621 (SUP) Planning Commission Resolution No. 4622 (HDP) Planning Commission Resolution No. 4623 (CDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement . Exhibit “XX”, Existing General Plan and Zoning Illustration City Council Policy No.. 43 Reduced Exhibits Full Size Exhibits “A” - “X”, dated September 15,1999 EB:eh:mh - A BACKGROUND DATA SHEET CASE NO: MANZANITAAPARTMENTS CASE NAME: ZC 98-09/LCPA 98-06/SDP 98-19/SUP 98-06/HDP 9818/GDP 98-73 APPLICANT: MANZANITA PARTNERS. LLC REQUEST AND LOCATION: a 157-unit anartment develonment on a site adiacent to El Camino Real iust south of Cassia Road LEG& DESCRIPTION: a nortion of the NE and SE l% of the SW l/4 of Section 23, T12S. R4W. SBM. Countv of San Dieeo . APN: 2 15-020-22 & 13:2 15-02 l-04 Acres: 47.6 Proposed No. of Lots/Units: 3 lots/l 57 du GENERAL PLAN AND ZONING Land Use Designation: RLM & RM Density Allowed: Density Proposed: 5.7 du/ac Existing Zone: E-A & L-C Proposed Zone: RD-M/O Surrounding Zoning, General Plan and Land Use: Zoning Site E-A & L-C North ID-M/Q South R-l -7,500/Q East P-C West RDWQ & L-C General Plan RLM&RM RLM8ZR.M RLM RLM&RM * Current Land Use Vacant & undeveloped Multi-family residential Undeveloped Undeveloped Undeveloped PUBLIC’ FACILITIES School District: CUSD Water District: CMWD Sewer District: CMWD Equivalent Dwelling Units (Sewer Capacity): 157 Public Facilities Fee Agreement, dated: 1 O-2-98 ENVIRONMENTAL IMPACT ASSESSMENT w Mitigated Negative Declaration, issued Mav 3. 1999 cl . Certified Environmental Impact Report, dated L-l Other, 75 ,- i - CITY.OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPkTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Manzanita Anartments - ZC 9&09/LCPA 98-06/SDP 98-98-19/SUP 98-06/HDP 98-l 8KDP 98-73 LOCAL FACILITY MANAGEMENT ZONE: 21& 10 GENERAL PLAN: RLM/RM ZONING: E-A & L-C DEVELOPER’S NAME: Manzanita Partners. LLC ADDRESS: 1155 Cuchara. De1 Mar. CA 92014 PHONE NO.: /619) 755-8911 ASSESSOR’S PARCEL NO.: 215-020-22 & 13: 215-021-04 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 157 du’s ESTIMATED COMPLETION DATE: A. City Administrative Facilities: Demand in Square Footage = 545.8 B. Library: Demand in Square Footage + 291.1 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 157 EDU D. Park: Demand in Acreage = 1.09 E. Drainage: Demand in CFS = 32 Identify Drainage Basin = Basin D (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 942 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 2 & 4 H. Open Space: ’ Acreage Provided = 38 I. Schools: CUSD 39.7 elementary, 10.5 junior high, 21.5 high school students J. Sewer: Demands in EDU 157 Identify Sub Basin = 21A (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 36.110 L. The project is lunit above the Growth Management Dwelling unit allowance within the Southwest Quadrant and 21 units below the Growth Management Dwelling unit allowance within the Southeast Quadrant. Thus the project would take 1 unit from the Southwest Quadrant Excess Dwelling Unit Bank and would return 21 units to the Southeast Quadrant Excess Dwelling Unit Bank. DISCLOSURE STAT33MENT Applicant’s statement or disclosure of certain ownership interests on all applications which will requne discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. 1’our project cannot. be reviewed until this information is completed. Please print. Note: Person is defined 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. tin, 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 propeq 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 comoration or uartnershio. include the names. title. addresses of all 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 publiclv-owned cornoration. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessac *iI ana Wohlford & PersonPhilip C. Kidd III -Capr’Part Manzanita Partners, LLC Title Partner Title Address1 155 Cuchara Drive Address De1 Mar, CA 92014 ? -. OWNER (Not the ownei’s agent) Provide the COMPLETE, LEGAL names and addresses of & 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 DaitnerShiD. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO 1NDlVlDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Anthony Bons & Anthony Bons and Dicky Koorevaa. PersonDicky K. Bons Carp/Part Revocable Livins Trust Title Trustees Title Address 25709 Hillcrest Ave. Address Escondido, CA 92025 97 2075 Las Palmas Dr. - Carlsbad. CA 92009-l 576 - (760) 438-11610 FAX (760) 438-0894 @ 5. NON-PROFIJ ORG.-. AZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonrxofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. blsRP&iirust Anthony Bons Non Profit/Trust Dick K l Bans Title Co-Trustee Title Co-Trustee Address 25709’ Hillcrest Ave. Address25709 Hillcrest Ave. Escondido, CA 92025 Escondido, CA 92025 4. Have you had more than $250 worth of business transacted with any member of, Cir>. 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. I certify that all the above informatidn is true and correct to the best of my knowledge. w * PyJ# Signature of applicant/date/owner Print or type name of applicant /owner w, /qg dignature of a& cant/date./owner Print o/rype.name of owneri; D/WA M. w~tt~I%tLD Print or type name of applicant/ownel H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5198 Page 2 of 2 78 Exhibit ‘@Xx1* September 15, 1999 EXISTING GENERAL PLAN EXISTING ZONING r OS I I I MANZANITA APARTMENTS ZC 98=09/LCPA 98906lSDP 98-l 91 SUP 98906IHDP 9848lCDP 98-73 . _ 7Y Page 1 of 2 , ! 7 ( C L . : 1 i E E il F E 1 2 3 L- CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. 43 Date !ssued~ !Z!ZGZiW Supersedes No. General Subject: Proposition E “Excess” Dwelling Unit Allocation Specific Subject: Formal Procedure Establishing Guidelines for Allocation of Proposition E “Excess” Dwelling .Units Zopies to: City Council, City Manager, Cii Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File ‘URPOSE To establish guidelines for allocation of “excess” dwelling units when, following the adoption If all residential Local Facilities Management Plans within a quadrant, the Proposition E quadrant cap is greater than the number of dwelling units approved or issued after November t, 1986, plus the allowable units per the Growth Management Control Points. STATEMENT OF POLICY 4lthough it should not be mandatory that excess dwelling units be allocated if they become available and it would be desirable to not attain the ultimate residential dwelling unit caps established by the adoption of Proposition E, the following criteria is established to determine eligibility for consideration of “excess” dwelling unit allocation, subject to the required findings I Proposition E. ‘rejects eligible for consideration in order of priority include: 7rst Priority Housing development for lower-income households where allowable housing expenses paid by the qualifying household does not exceed thirty percent (30%) of the gross monthly income, adjusted for household ‘size, at eighty percent (80%) of the county median income. ,. Density transfers, clustering of development and dwelling unit locational adjustments which are proposed in order to preserve larger areas of sensitive habitat. lnfill Single Family Subdivisions that meet all development standards and where proposed lot sizes will be equal to or greater than adjacent subdivided properties. - - Page 2 of 2 Second Priority 1. Senior citizen housing as defined by Cartsbad Municipal Code S&ion 21.18.045. 2. Transit oriented development projects where increased residential density is being placed in close proximity to major transit facilities and commercial support services. 3. Projects within the existing general plan density range that provide, without compensation, for some significant public facility not required as part of the development process. Third Prioritv 1. Housing develo@nent for moderate income households where allowable housing expenses paid by these qualifying household does not exceed thirty percent (30%) of gross monthly income, adjusted for household size, at 120 percent (120%) of the county median income. 2. Projects proposing a zone change from non-residential to residential based upon the following findings: * a. The property was zoned for other than residential use on July 1986. b. The property is compatible for residential use without significant mitigatibn. C. The density of the project does not exceed the Growth Management Control Points of any adjacent residential property. 3. lnfill multi-family projects that meet all development standards and whe& the resulting density does not exceed adjacent, existing multi-family projects. 4pplication of the priority levels should be based on the total number of excess units svailable in a quadrant. The purpose of having three priority levels is to address the issue of laving only a minimal number of excess units available-in a quadrant at any one particular Doint in time. If there are only a minimal number of excess units available in a quadrant, then ihe units should only.be used for a First Priority project. Conversely, if there are a substantial Tumber of excess units available in the quadrant, ‘allocation to a Second or Third Priority 3roject is acceptable. qegarding the use of excess dwelling units for affordable’ housing, the intent of this policy is :o work in conjunction with and to aid in implementing the programs of the Housing Element n&ding the lnclusionary Housing Ordinance and the Density Bonus Ordinance. If a jubstantial allocation of excess dwelling units are being requested pursuant to item no. 1 of he First Priority, the project should then, however, exceed the basic numerical requirements If these ordinances regarding the provision for lower income units. CITY OF CARLSBAL COUNCIL POLICY STATEMENT General Subject: PROPOSfllON E TEXCESV DWf3lJNG UNIT ALLOCATlON Specific Subject: FORMAL PROCEDURE ESTABUSHING GUIDELINES FOR ALLOCWION OF PROPOSlTlON E MCESS’ DWELIJNG UNITS. Copies to: City Council, City Manager, Cii Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE’ To establish guidelines for allocation of “excess” dwelling units when, following the adoption of all residential Local Facilities Management Plans within a quadrant, the Proposition E quadrant cap is greater than the number of dwelling units approved or issued after November 4, 1986 plus the allowable units per the Growth Management Control Points. STATEMENT OF POLICY Although it should not be mandatory that excess dwelling units be allocated if they become available and it would be desirable to not attain the ultimate residential dwelling unit caps established by the adoption of Proposition E, the following criteria is established to determine eligibility for consideration of “excess” dwelling unit allocation, subject to the required findings in Proposition E. Projects eligible for consideration in order of priority include: 1. 2. 3. 4. 5. Housing development for low or moderate-income households as defined by California Government Code Section 65915. Senior citizen housing as defined by Carlsbad Municipal Code Section 21.18.045. lnfill Single Family Subdivisions, Zoned R-l, that meet all development standards and where lot sizes are equal to or greater than adjacent subdivided R-l properties. 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ZC 98-99/LCPA 98-96/SDP 98.IS/SUP 9896/HDP 98.18/GDP 98-73 - MANZANITA APARTMENTS - Request for approval of a Mitigated Negative Declaration, Zone Change, Local Coastal Program Amendment, Site Development Plan, Special Use Permit, Hillside Development Permit and Coastal Development Permit to develop a 157~unit apartment development on a site located adjacent to El Camino Real just south of Cassia Road and within Local Facilities Management Zones 21 and 10. Assistant Planning Director, Gary Wayne stated that Item #4 on the agenda is a request for several actions to allow for the Manzanita Apartment project, which is located in the Coastal Zone. Mr. Wayne stated that, Senior Planner, Elaine Blackburn, would make the presentation and Clyde Wickham, Associate Engineer, will be assisting Ms. Blackburn. Chairperson Heineman asked the applicants if they wish to proceed with the Public Hearing with only six (6) Commissioners present or would they prefer to ask for a continuance in order to have this matter heard by a full Commission. Philip C. Kidd, III, Partner, and Dana M. Wohlford, Partner, 1155 Cuchara Drive, Del Mar, CA 92014, stated that they wished to proceed with the Commissioners present. Senior Planner, Elaine Blackburn presented Item #4 as follows: This item is a request for approvals necessary to develop a 157-unit apartment complex, which would be located on the West Side of El Camino Real, just south of Cassia Road and across the street to the south from the Villa Loma apartment complex. The necessary permit applications include, a Zone Change and Local Coastal Program PLANNING COMMISSION September 15,1999 Page 3 Amendment, both related to the zone change; a Site Development Plan, which is required for apartment projects; a Special Use Permit, which is required for development along the El Camino Real scenic corridor; a Hillside Development Permit; and a Coastal Development Permit. The project site includes approximately 48 acres of land. El Camino Real bisects it. The area on the East Side of El Camino Real, which is approximately 7 acres, is undeveloped and contains several vernal pools. The project design would preserve that entire 7 acre parcel in open space. The West Side of the site is also undeveloped. It contains numerous areas of steep slopes and contains sensitive habitat. The developer is proposing to cluster his development in the northeastern comer of that part of the development, on about 9.75 acres in the northern part of the western portion of the site (i.e. at the southwest corner of El Camino Real and Cassia Road). Thus allowing a total of approximately 38 acres to remain in permanent open space. Staff supports the request to change the zoning from E-A and L-C to RD-M-Q. The RD-M-Q zoning is the appropriate zoning to implement the existing general plan designations on the site, which are RLM and RM. ,We also believe the RD-M-Q zoning will be compatible with the existing and ant/cipated future zoning of the surrounding parcels. The local Coastal Program amendment is an accompaniment to the Zone Change to maintain consistency between the city zoning and the zoning within the local Coastal Program segment. Ms. Blackburn further stated that with regard to the other requested approvals, the Site Development Plan, the Special Use Permit, Hillside Permit and Coastal Development Permit, Staff has reviewed these requests and believes that all of the necessary findings to make those approvals can be made. The project is consistent with the RDM Zone Development standards. The proposed apartment units would be developed in 17 buildings, each building would contain either 8 or 10 apartment units. There are three (3) floor plans and they range in size from 1,054 square feet to 1,323 square feet. There is one (1) manager’s unit, which is approximately 1,200 square feet in size. The project will also include recreational amenities, with a recreation center, swimming pool, a spa and a tot lot. The residential structures will be just under 35 feet in height, consistent with the regulations that are applicable. The buildings would be in craftsman architectural style, incorporating concrete tile roofs, exposed rafter tails, simulated stone veneer and stucco. Access to the site will be through two (2) entry areas located along Cassia Road. A third entry, a gated emergency access point, is provided at the southern end of the development. In addition, stated Ms. Blackburn, the project’s circulation system meets all City standards for approval. Staff recommends that it be approved as is. Therefore, Staff is not recommending any changes. . The parking requirements for the project will be met by a combination of garages, carports and uncovered spaces for a total of 366 parking spaces, thereby, providing 10 more spaces than required. The project complies with El Camino Real Scenic Corridor Development standards, with the exception of some localized pad elevation changes that are necessary to &commodate the El Camino Real roadway. There are a couple of areas where the ten-foot typical limitation on pad elevation change would be exceeded by as much as 3’4”. Special findings are contained in the El Camino Real Corridor guidelines to accommodate that kind of situation and those findings have been provided in approval resolution that accompanies your packet. The project also complies with the Hillside and Coastal Development regulations, with a minor exception, for some slight encroachment into dual criteria slopes-steeps slopes containing sensitive habitat. There are findings that are available to justify those small encroachments. Staff believes those findings can be made because the encroachment is in a very limited discontinuous area of slopes and habitat. The project meets and exceeds all applicable inclusionary housing requirements. The developer is providing twenty-four (24) affordable units. Of those twenty-four (24) units, 36% of the units will be three 92 PLANNING COMMISSION September 15,1999 Page 4 (3) bedroom units. Typically, 10% of the units are required to be three (3) bedroom units. The developer is therefore exceeding the requirement. The project is conditioned, and the applicant has agreed to that. condition, to disburse the affordable units throughout the project site. There will be no more than six (6) affordable units in any given building, at any time. The proposed project requires taking one (1) unit from the southwest quadrant excess dwelling unit bank and adding twenty-one (21) units to the bank on the southeast quadrant excess dwelling unit bank. The project is in two different bank areas, one net figure-can not be done. Staff believes that the request for one (1) unit from the bank is fully justified, in that the Project is designed to cluster the development and to also preserve significant areas of open space, which is high priority for requesting units from the bank. In conclusion, stated Ms. Blackburn, Staff believes that the project satisfies all applicable requirements and we are recommending approval. There is an errata sheet containing a few minor technical changes, as well as some additional conditions and a revised condition. Chairperson Heineman suggested that the errata sheet be addressed at this time. Ms. Blackburn stated, the first correction on the errata sheet Resolution No. 4617, Page I, Line 15 - the word “exhibit” should be deleted. The second correction on the Errata sheet deals with Resolution No. 4617, Page 2, Line 1 - the words “and the Mitigation Monitoring and Reporting Program” should be inserted after “PII”. The third correction is Resolution No. 4618, Page 2, Finding No. 2 - the word “zoning” should be changed to “General Plan”. Item 4 is Resolution No. 4619, Page 2 - Add a new condition (No. 2) to read: “CDP 98-73 is not valid until LCPA 98-06 is effectively certified by the California Coastal Commission.” Item 5, Resolution No 4620, Page 5, Condition 13 - Revise condition No. 13 to read as follows: “If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to‘october 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. Item 6, Resolution No. 4620, Page 6, Condition No. 20 - The words “final map” should be changed to “grading permit”. Item 7, Resolution No 4620, Page 7 - Add two new conditions (No. 33 and No. 34) to read: 33.“Prior to the issuance of a grading permit or a building permit, whichever occurs first, the Developer shall execute a document or documents to the satisfaction of the Planning Director and the Assistant City Attorney which accomplish at a minimum the following: A. continued ownership by the Developer or its successors in interest in open space until some future date at which time ownership will be transferred to the City or its designee for perpetual maintenance; B. while in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); and; C. transfer of ownership and maintenance responsibility at some future date to the City of its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently estimated to be approximately $75.00 per acre per year).” 34. ‘The Developer shall revise the project plans to provide adequate screening of the proposed development from El Camino Real to the satisfaction of the Planning Director.” And renumber the remaining conditions. 93 - .- PLANNING COMMISSION September 15,1999 Page 5 Item 8, Resolution No. 4621, Page 2, Condition No. 1 - the number “4621” should be changed to -4622” Item 9, Resolution No. 4623, Page 3 - Add a new Condition No. 4, to read: “CDP 98-73 is not valid until LCPA 98-06 is effectively certified by the California Coastal Commission. Chairman Heineman, stated that Commissioner Trigas joined the meeting at 6:18 PM. Chairman Heineman asked if there were any questions of Staff. Commissioner Compas stated that, he noticed there are ‘a number of garages facing El Camino Real, which is a scenic corridor. Commissioner Compas expressed his wncem about what is being done to alleviate the sight of garages on that scenic corridor. Ms. Blackburn, explained that the condition for the revision of the landscaping had been added to address this issue, perhaps resulting in a low fence with vines or some other way to achieve a more horizontal filling in of landscaping. Commissioner Compas asked if that condition would alleviate the sight of garages. Ms Blackburn stated that Staff felt it would eliminate the viewing of the garages from the scenic corridor. In addition, stated Ms Blackburn the road and development pad elevations change relative to where you are on El Camino Real and there will not be a clear and continuous vision of it. Commissioner Compas agreed. The Applicant has designed the Project in a way that there are garages, and carports, then open spaces and so forth, so they are not all clumped together, so there is not a repetitious view. More importantly, staff believes that the landscaping as modified per the errata sheet will address these concerns. Commissioner Welshons asked Ms Blackburn about the noise impact, stating that the Staff report indicated that, incorporating appropriate construction methods and materials would be necessary to adequately reduce noise impact in some areas of the project, i.e. ground level patios of some buildings. Commissioner Welshons expressed concerns regarding the buildings fronting El Camino Real, noting that there are some garages and carports in front of them and wanted to know if there were patios in front and questioned the terminology, “they will need to do some necessary construction methods.” Commissioner Welshons wanted to know how the construction methods would be implemented in order to comply with the noise reduction. Ms. Blackbum’explained that the construction methods were part of the Mitigation Monitoring Program. The term “they will need to”, does not mean that they have not addressed the issue. The construciion methods needed to implement the noise reduction issue are stated on the Building Permit Plan check. Commissioner Welshons referred to page 14 of the Staff Report, Growth Management Compliance for Zone 21 and another location later in the report. In the compliance it states, “Parks 1.09 acres”, and at a different point in the resolution it is stated that, there is going to be paid a “Park in lieu fee.” Commissioner Welshons wanted know if acreage was being donated or if a park in lieu fee would be in effect. Ms. Blackburn explained that the first reference was establishing the impacts. The condition, or second reference, explains how they are satisfying their requirement. This is a way of calculating the requirement based on the number of units. When it is calculated on the chart, one sees what is the impact in terms of requirements. The way of satisfying it would be through payment of a fee that is equivalent to that amount. Commissioner Welshons requested information relating to the private and common recreation requirements for the Project. PLANNING COMMISSION September 15,1999 Page 6 Ms. Blackburn stated that this Project is not a PUD and does not fall under PUD regulations, therefore, there is no requirement for recreational amenities. They are, however, providing what Staff considers to be a greater than reasonable amount of amenities. Commissioner Welshons referred to Resolution 4620, condition 69; “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”, wanting an explanation of the aforementioned resolution and condition. . .- Ms. Blackburn stated this is a standard condition. It can be applied to an apartment project as well as a PUD. Commissioner Welshons addressed the emergency access point on the southern end of the project. If the Commission wished to have that as an open access, to get out onto El Camino Real and go southbound on El Camino Real, is there a significant site distance from Cassia Road to that exit for a safe transition on to El Camino Real? Associate Engineer Clyde E. Wickham stated that, after Staff took a second look at the transition, they do not believe there is. Commissioner Welshons wanted to know the culde-sac policy. Mr. Wickham stated the cul-de-sac policy is a matrix of standards that stem from the number of units: over 50 units a secondary access is required or some other form to provide an emergency access out. This project does have secondary access. In addition, if over 1200 feet before the secondary access, another access is required. Commissioner Welshons wanted to know the distance from the primary access off of Cassia down to the emergency exit. . Mr. Wickham stated that the distance was almost 900 feet. Commissioner Welshons wanted to know how one would exit if there were an emergency. 1 Mr. Wickham stated that the access on El Camino Real is an emergency gated Knox box access, and 6. Police and Fire have the key to the box. The Manager of the apartment complex would also have a key to open the gate for evacuation. Commissioner Welshons wanted to know if signs were going to be posted in the bulb of the cul-de-sac noting no parking or if parking would be allowed. Mr. Wickham stated that red-zoning of the area could be added as a condition because it is a minimum bulb. Of the total number of 366 parking spaces, 42 guest, 49 garages, 101 covered and 174 uncovered, Commissioner Welshons wanted to know the maximum distance a resident would have to walk to get to their assigned parking space. Ms. Blackburn stated it depended on whether a space would be assigned to a particular unit and often times in ,apartment complexes parking spaces are not assigned. In terms of where one parks it would be a first come. first serve basis. Commissioner Welshons referred to the condition on affordable housing and the maximum of no more than 6 to a building. Because there may be 8 to 10 apartments in ‘a building, Commissioner Welshons recommended that no more than 5 units of affordable housing be in any one building. Ms. Blackburn stated that Staff did not have any objections to changing the affordable units per building to 5 and suggested that the Applicant be asked. PLANNING COMMISSION September 15,1999 Page 7 Commission Welshons noted that the San Diego Gas 8 Electric easement crossed the property, noting that it was important that they get a letter giving 50 years to the project in order to use the land for parking underneath the easement. Commissioner Welshons referred to Resolution 4620, Condition 30 regarding assigned resident parking spaces. Ms. Blackburn stated that if they choose to assign spaces they would need to follow the direction in Resolution 4620, Condition 30, but as an apartment complex they may not choose to assign parking. Commissioner Welshons requested clarification on Resolution 4620, Condition 30. Ms. Blackburn, stated that, “All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be dearly marked as may be approved by the Planning Director.” The condition is to distinguish visitor parking. Commissioner Welshons referred to Resolution 4621, Condition 1: Approval of SUP 98-06 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ZC 98-09, LCPA 98-06, SDP 98-19, and CDP 98-73, and the parcel map or lot line adjustment which, consolidates the two western parcels, and is subject to all conditions contained in the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and Planning Commission Resolution No. 4617,4618,4619,4620,4621, and 4623 and the City Engineer’s approval of the parcel map or lot line adjustment. Commissioner Welshons suggested including the need of the approval of the letter from the San Diego Gas and Electric, otherwise this project has to be returned to the Commission.. Ms. Blackburn explained that if one reads further in the condition that it is mentioned, “is subject to all conditions contained in the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and Planning Commission Resolution No. 4617, 4618, 4619, 4620, 4621, and 4623 and the City Engineer’s approval of the parcel map or lot line adjustment.” Commissioner Welshons referred to Resolution 4620, Condition 48: Additional right-of-way may be required to -accommodate the offsite improvements of dual left turn lanes from northbound El Camino Real to westbound Camino Vida Roble in conformance with City of Carlsbad Standards as required by the City Engineer. . . Commissioner Welshons asked for clarification of the above mentioned resolution and condition. Ms. Wickham explained that the final design of that dual left, is an engineering issue; two vehicles come through an intersection and then merge with driveways and choking a road back down to a 48 curb to curb width. It might not fit. We may have to push that transition a couple of hundred feet further down Camino Vida Roble. The Applicant would be required to obtain that right-of-way to accommodate that turn maneuver. Commissioner Welshons wanted to know where it stated that the applicant would be responsible for obtaining that right-of-way and’paying for it. Mr. Wickham explained that the City was paying for it, because it is a combination Appiicant and City Capital Project. He stated further that there is a reimbursement agreement that was identified as a Condition. We have been working with the applicant on this issue. The applicant is providing the Mitigation for the Project and short-cutting the City’s Capital Improvement Program and providing this ahead of our needs. Commissioner Welshons referred to page 10 and asked if they were paying into it under OFF-SITE #F A reimbursement agreement is available for these improvements, and noted that they were impacting that intersection. PLANNING COMMISSION September 15,1999 Page 8 Mr. Wickham replied in the affirmative. Commissioner Welshons wanted to know if the reimbursement agreement meant that they would pay their fair share and the City would absorb the rest of the cost. Mr. Wickham explained that by the applicant administering the work and providing it ahead of our schedule, that is a benefit to us too, and yes, we-feel that, that is the applicant’s fair share. Commissioner Welshons referred to page 9 ON-SITE #A, noting that the condition did not mention a distance, from where to where. Referring to the next condition as an example. A) Full width improvements to El Camino Real including transitions as approved by the City Engineer. Improvements to include but not be limited to grading, landscape, irrigation and drainage, curb, gutter & sidewalk, fully improved median, and traffic signals or traffic signal relocation. Mr. Wickham agreed with Commissioner Welshons that ON-SITE ##A did not specify a distance. He stated that it should technically say, “... along the frontage of this project.” This project fronts on both sides of El Camino Real, which is unusual for a project. They are improving El Camino Real wherever they own the frontage. Commissioner Welshons suggested that unless it is stated somewhere else, maybe it should be made clear as to distance of the improvements, from where to where. Ms. Blackburn interjected that the improvement conditions are listed under ON-SITE which, according to our definition would mean the length of their property frontage. Commissioner Welshons noted again that the distance was made clear in Condition B, but not in Condition A and she would like to have the Condition amended to include the exact distance. Commissioner Welshons requested clarification on the note on Page 10 under #G: “Note: If reimbursement agreements are applicable for the above mentioned improvements to El Camino Real and to Camino Vida Roble, the developer shall obtain approval from the City for such agreements prior to approval of the improvement plan for this project.” Mr. Wickham explained that, Staff wanted to know about any reimbursement agreement up front, in order to avoid any problems. Commissioner Welshons wanted to know what were the improvement plans. Mr. Wickham explained that what is being done tonight is not an improvement plan, but a concept plan. The final improvement plans are the grading and improvements, utility relocation, signal relocation and 20- 30 sheets of very detailed curb, gutter, sidewalk, asphalt paving, median, landscaping, irrigation and other items that are very, very detailed. Commissioner Welshons, referring to Resolution No 4610, Condition 71 - Page 12: 71. 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. She stated that she noticed in the plans that the signs were on the wmer of El Camino Real and Cassia. Commissioner Welshons suggested that because El Camino Real is a scenic corridor, it should be stated in the Condition that they need to be in compliance with the City Sign ordinance, the El Camino Real Scenic Corridor and. be reviewed and approved by the City’s Planning Director. 97 PLANNING COMMISSION September 15,1999 Page 9 Rick Rudolf, Assistant City Attorney explained that this in the portion of the Resolution that is called Code Reminders as opposed to a condition. It is not really a condition. It is a reminder that the code requires all of that and we do not want the applicant forgetting. Whether or not the applicant would have to do -it in accordance with the Code. Commissioner Welshons asked for clarification on Condition 66 which reads: “Prior to issuance of building permits the developer shall underground all existing overhead utilities along and within the project boundary.” Does the condition include both sides of the road? Mr. Wickham explained that the Condition covered both sides of the road. Stating that there are leads that run traverse or angled through the site, which we want to catch. Therefore, we added the wording “along and within.” Commissioner Welshons wanted to know how much of the buildings would be seen from El Camino Real and what is the distance. Is it 30 feet from El Camino Real? Will the garages, carports or buildings be visible? Ms. Blackburn referred to the Staff Report noting that the setbacks were identified. The minimum setback to the open parking or carport areas is 30 feet. The building will be back further. Commissioner Welshons wanted to know how many balconies would be visible. In some places restrictions have been placed as to whether one can do outdoor barbecuing or store surfboards, etc., since it is a scenic corridor. Ms. Blackburn referred to her earlier statement regarding pad elevation changes along El Camino Real, relative to the site and the road elevation the view will vary. You will see some of the units. You will also see the tops of some garages and carports since they are only 12 to 14 feet high. Commissioner Welshons referred to the Condition that had been added and reiterated by Commissioner Compas, regarding the view because this is a scenic corridor. Ms. Welshons wanted clarification on . adding a fence with vines. Ms. Blackburn explained that it was not specifically state that it had to be a fence, because flexibility was needed for the Planning Director to determine what was going to look best and work best. Commissioner Welshons referred to the Paseo Del Norte project, noting that the buildings were behind the garages. The garages are visible from the road. Ms. Blackburn stated that the building would be approximately 60 feet back. Commissioner Welshons asked if the enclosed garages were for one car and if there would be storage that had to be provided. Ms. Blackburn, again reminded Commissioner Welshons that this was not a PUD and not subject to PUD regulations. Chairman Heineman asked if there were any other questions for Staff. Commissioner Segall asked if the applicant agreed with the new conditions in the Errata. Ms. Blackburn suggested that the applicant be asked directly (Applicant in the audience). dommissioner Segall wanted clarification on the adequate turnout for North County Transit bus stops. He suggested that the turnouts be placed so that the busses are off of El Camino Real. Ms. Blackburn replied that there are two existing bus stops in the area. Both are southbound. One is located north of Cassia Road. One is located immediately south of it. This project was routed on more PLANNING COMMISSION September 15,1999 Page 10 than one occasion to the North County Transit District (NO) for review and comment. NCTD has been asked to give any conditions they want applied to the project and they did not indicated any. Ms. Blackburn indicated that she called NCTD to inquire about the two bus stops (i.e. would one be phases out?), as well as what they might want there. She was informed that there is a high volume of rider-ship there. NCTD requested that neither of the bus stops at that location be removed. In addition Ms. Blackburn stated that previous discussions with NCTD Staff rendered different feedback regarding turn-ins. NCT Staff has not seemed happy with turn-in type arrangements. NCTD has not indicated that they want or don’t want turn ins, only that they don’t want the bus stops removed. Commissioner Segall stated that he has information that the NCTD Board would indeed prefer turn ins, as there will be the two apartment complexes at this location, Villa Loma and Manzanita, with the potehtial of high rider-ship; this is a perfect opportunity to put into place the turn-ins for the safe on-loading and off- loading of the busses. Mr. Segall wanted to know if there was anything that could be done at this point to install turn-ins. Gary .Wayne, Assistant Planning Director, stated that there is an obligation to accept what we get back from NCTD Staff. They did not request turn-ins. It would require tremendous redesign of the project, which cannot be done now. Additional rights-of-way would be required and there is a slope easement. Wayne stated that there is a process for their input and that process is depended upon. Commissioner Segall stated that he asked the question because he needed understanding of the resolution. Chairman Heineman asked if there were additional questions of Staff. Commissioner Nielsen asked if there were elevators in the buildings. Ms. Blackburn stated that there were no elevators in the buildings. Commissioner Nielsen asked if there were provisions for the handicapped; parking and units. Ms. Blackburn stated the handicapped parking had to be provided by State Law. The applicant would have to provide the information regarding handicap units. Commissioner Nielsen asked Mr. Rudolf if it was a question of legality. Rich Rudolf, Assistant City Attorney, stated that it was, but he didn’t know the answer and suggested that the Applicant would know the answer, because they were building the units and would have to comply wfth State Law. He explained that this was the responsibility of who ever enforces the State Law with regard to ADA or handicap law. Commissioner Trigas asked if there was a formula pertaining to how many units had to be handicap units, Mr. Rudolf stated that he did not know. Ms. Blackburn indicated that those were state regulations not city regulations. There are no city regulations that require provisions for a certain number of handicap units. We are, however, aware of the .’ handicap parking requirements and comply with State Law. Commissioner Trigas then asked if there should be a provision stating that the Applicant must follow state law with regard to providing handicap units. Mr. Rudolf explained that there is a condition in all of the resolutions that the Applicant must comply with applicable State, Federal and Local laws. He indicated that during the plan check, the Building Department would make sure that all of the application regulations were being followed. Commissioner Trigas asked if the entryways would be a certain width to accommodate all visitors. 99 PLANNING COMMISSION September 15,1999 Page 11 Mr. Rudolf replied that accessibility was part of the plan check. Chairperson Heineman asked if there were any additional questions. Being that there were none, he asked the applicant to make a presentation. Dana M. Wohlford and Philip C. Kidd, III, Manzanita Partners, 1155 Cuchara Drive, Del Mar, California Ms. Wohlford acknowledged the efforts of the City Staff, the Wild Lie Agencies, and members of their team who have worked together to create a project that will make Carlsbad the special place that it already is, while fulfilling a need within the city. Unlike many applicants that wme before you, we are a husband and wife team, who plan to be long term owners of our project and active in its management. We are thrilled to be in Carlsbad and plan to be active in the community. We have reviewed the conditions of approval including the errata sheet and find them all acceptable. Tonight we ask only for your support in making our dream come true, by approval of Staffs recommendation. Technical questions ‘should be directed to other members of our team. Chairperson Heineman asked if any one had questions for Ms. Wohlford or Mr. Kidd Commissioner Compas wanted to know if the project were financially viable Mr. Kidd stated that the project is financially viable. Commissioner Compas stated that it looked as if it might be tight. Mr. Kidd explained that they have worked to be accommodating to the HMP and also provide places for people who want to rent and live in Carlsbad. Commissioner Segall, expressed a concern regarding cluster of apartments or homes and the resident’s access to stores and local amenities. At the south end of the project there is an emergency access area. . Mr. Segall wanted to know if it is possible to put in a pedestrian entrance and exit at that point. Mr. Kidd replied that access would be provided for the resident’s to enter and leave from the south. Commissioner Nielsen questioned the disclosure statement and why it listed Mr. Kidd as the Applicant and not the owner. l Mr. Kidd explained that we are both. There are two parcels of property. The southern portion we do own and the northern portion is owned by Anthony and Dicky Bonds Trust and we are in escrow with that. We have paid for a portion, we have not paid for another portion. Commissioner Trigas asked if the partners knew how many handicapped units they will have to provide and any structural changes that would have to be made. Mr. Kidd stated that they will not have to make any structural changes and that they would meet till ADA and handicap codes. We do not want to limit.our market. We want to be accessible to all citizens of Carlsbad. Mr. Kidd stated that meeting the codes was not an issue at all. It would be done because it is the correct thing to do. Ms. Wohlford stated that they would meet all requirements when the project is built. Commissioner Welshons wanted clarification on the assigned parking and the distance the residence would have to walk to get to an apartment. Ms. Wohlford stated that the longest distance from a parking space to an apartment would be 180 feet. PLANNING COMMISSION September 15,1999 Page 12 Mr. Kidd stated that they have looked at both sides of the issue and have not determined whether parking will be assigned or not. The plan is to have professional third party Management Company, that is in the business of managing upscale apartments, to help determine this issue. Commissioner Welshons wanted to know if the determination as to who gets a covered, uncovered or garage parking space would be decided by economics. . Mr. Kidd indicated that the determination has not been made. That is one of the areas that the Management Company will advise them on. Commissioner Welshons wanted to know if this project would be built in phases and where would they start. Mr. Kidd indicated that there would be one (1) phase. Ms. Wohlford indicated that the building of the project would begin at the Recreation Center and begin around the front along Cassia and work back towards the south end of the project, but the project will be built all at once. Commission Nielsen asked if there are no assigned parking spaces, how did one know how far it would be to the apartment from the parking space. Brian Reagan, with Manta Engineering, 350 West 9th Avenue - Suite B, Escondido, California. Mr. Reagan stated that the furthest distance from a comer unit to a parking space was determined to be 180-200 feet. The project is unique in that it offers covered, uncovered and garage spaces. Chairperson Heineman opened the floor for public testimony. There were no requests to speak and public testimony was closed. Commissioner Welshons referred to the Mitigation on Page 14, and indicated that there will be impacts to habitat supporting one pair of California gnatcatchers. She wanted to know what had been learned as to the ability of the birds to adopt and relocate. Senior Planner Blackburn explained that the experts have been asked. The Mitigation has been set up to provide consultations with the U.S. Fish and Wild Life Service and the California Department of Fish and Game. What has been determined on this project, because this is a coastal site, is that they are-subject to the normal winter grading prohibition. If thereaare birds on the property in this project, and the need to grade is present, they need only stay 100 feet away from the birds. Commissioner Welshons asked Mr. Wickham if he now had the information regarding the from where to where, under Condition 52- A on El Camino Real. Associate Engineer Wickham stated that it was along the property frontage. Commissioner Welshons stated that they must say both sides of the road on El Camino and wanted to know the exact language that would be added to Condition 52-A. Commissioner Welshons is interested in a Condition that states “No Parking” in the cul-de-sac bulb where the emergency access is and that is it striped or signed. Also that the affordable units will be reduced from 6 units per building to 5 units per building and adding language to condition 52A defining from where to where on El Camino Real on both sides. Commissioner Segall asks for clarification of the 6 to 5 affordable units per building reduction and also asked if the Applicant was amenable to the change. PLANNING COMMISSION September 15,1999 Page 13 Commissioner Welshons stated that the affordable units should be disbursed throughout the complex, thereby, allowing no more than 5 affordable units in any one building. There are 17 buildings and 24 affordable units. Chairperson Heineman asked if the Applicant had any objections to that. There were no objections from the Applicants. Commissioner Welshons stated. that .-she was-glad that Staff added the additional screening along El Camino Real. The Q overlay does allow us to apply additional conditions. The screening along El Camino is important and she would like to take it further to include balconies facing El Camino Real Corridor should not have junk sitting on the balconies. This has been done on the Poinsettia transit center. Commission Compas stated he would like to hear the language for condition 52A. Ms. Blackburn read the revised language of condition 52A, “full width improvements to both sides of El Camino Real along the property frontage and to include in transitions. Assistant Planning Director, Gary, Wayne, explained that one could not park on a 42 foot radius cul-de- sac. There will not be parking there. It generally comes as a condition from the Fire Department that it be red curbed and it is posted. That will also happen at building permits when the building plans are reviewed. The condition can be added, but is not needed. Chairperson Heineman asks for a Motion as a basis for a discussion. MAIN MOTION: ACTION: Motion by Commissioner Compas, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions 4617, 4618, 4619, 4620, recommending approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 98”09/LCPA 98-06/SDP 98-19 and adopt Planning Commission Resolutions 4621,4622,4623, approving SUP 98-061HDP ’ 98-18 and CDP 98-73 based on the findings and subject to the conditions contained therein, and including the errata sheet of September 15th. Chairperson Heineman asked Commissioner Compas if he wished to include the changes, which were made by Staff. Commissioner Compas replied unless someone objects, .he would also include the changes made by Staff. DISCUSSION ON MAIN MOTION: Commissioner Welshons asked if there was a homeowners association. Ms. Blackburn stated that there are no homeowners. The project is an apartment complex. Commission L’Heureux, stated that this was the best project she had seen on a difficult piece of land and that she liked the project. Commissioner Compas agreed with Commissioner L’Heureux. Regarding the three proposals put forth by Commission Welshons, he does not support her on the cul-de-sac bulb parking because it is taken care of, he does support her on number 2, regarding the 6 to 5 affordable units. He stated that they have already agreed upon number 3. Commission Nielsen commented on the restrictions regarding the use of the balconies facing El Camino Real. He asked, if some kind of restriction pertaining to the use of the balconies can be applied to protect the integrity of the building. - PLANNING COMMISSION September 15.1999 Page 14 Assistant City Attorney, Rich Rudolf stated that legal authority was available via the SUP because of the scenic corridor and the site development plan. The issue what is going to be required and is it workable. Commissioner Compas related the provision that was included in the Hotel project on Carlsbad Blvd should be included in this project. Commissioner Segall asked what-was done at .Poinsettia Properties-because that was the most recent and it is very clearly almost the same item that is being dealt with now. Commissioner Welshons asked if the exact wording could not be defined, could the Planning Director accomplish it, once everyone understand the concept to be achieved. Assistant City Attorney, Rich Rudolf explained that if the Applicant understands and agrees with what you are trying to do, it could be worked out administratively. The questions being, do they understand the hotel provision and is that acceptable to them? Chairman Heineman indicated that the Applicants do not understand the “hotel provision. Commission Compas stated that it was something along the lines that one can not put a bunch of junk on the balconies. Assistant City Attorney, Rich Rudrlf explained that management was required to establish internal rules and enforce the rules, that prohibited hanging items from the balcony such as towels, surfboard, etc. Ms. Blackburn indicated that the added condition would indicate that, “Management shall establish and enforce a rule which prohibits storage of (what ever items) are to be included on outside balconies visible from El Camino Real, to the satisfaction of the Planning Director.” Commissioner L’Heureux stated that the condition should apply to the entire project. Commissioner Compas indicated he didn’t think one should be concerned about the entire project. Chairman Heineman indicated that it should be for those balconies facing the scenic corridor. AMENDMENT 1: ACTION: Motion by Commissioner Welshons, and duly seconded, that the appropriate conditions be amended.. The affordable housing units are to be reduced from 6 per building to 5 per building. . VOTE: 7-o AYES: Heineman, Compas, L’Heureux, Segall, Trigas, Welshons, Nielsen, Trigas NOES: . None Commissioner Welshons indicated that Commissioner Compas included the amendment to 52A in his main motion and she accepted Staffs explanation that the emergency access point will be properly stripped so that no parking will occur there. Chairman Heineman informed Mr. Kidd that there were items that needed some indication. form him and Ms. Wohlford. One was dealing with limiting the affordable units in each building to 5 (five) units per building. The second was dealing with the restriction of the balcony use, so the balconies would not be unsightly. Mr. Kidd expressed no objections to the limiting of the affordable units to five (5) per building, but indicated strongly that they would prefer to police the property themselves. Mr. Kidd stated that, they may want to allow tenants to have gas barbecues on the balcony, a final determination has not been made. Mr. Kidd indicated that each unit would have a washer and dryer and storage space. Mini storage will be provided and we will police our project to the high standards of Cartsbad. Mr. Kidd indicated that the Project would PLANNING COMMISSION September 15,1999 Page 15 be an example of how to do things in the right way and again stated that he preferred not to have the condition. Mr. Kidd indicated that they would be good corporate citizens to the community. Commissioner Compas asked what would happen when they sold their property to someone that wasn’t as good. Ms. Wohlford stated that they intended to pass this property on to their children. She explained they had no intentions of selling their project -- Chairperson Heineman asked if it would acceptable to the Applicants, lf there were a condition, that every six-(6) months a finding would be made by the Planning Commission indicating whether or not the balconies were being maintained in occurrence with what we think should be done Mr. Kidd indicated emphatically, their desire and ability to police themselves. Commissioner Segall indicated the bottom line, was that the Commission did not want the balconies used for storage, no towels, or bikes or other unsightly items. The balconies are not to be used for storage. Commissioner Trigas asked if the wording of a condition could indicate that the Applicant would be sensitive to the fact that the balconies fronting El Camino Real and those units would be sensitive to the view corridor. Thereby, the Applicant would police the area, but there is an acknowledgment of the sensitivity of the scenic corridor. Mr. Kidd stated that wording to that effect would be acceptable. Commissioner Nielsen stated that it sounded as if the Applicant was going to do what we are asking them to do and therefore, there would be no problem conforming to what the requirements are as long as the condition is worded as Commissioner Trigas suggested. Mr. Kidd stated again, they preferred to police their project. Commissioner Welshons agreed with Commissioner Nielsen, that there is a need for a condition to be applied to the balconies. The intent is to preserve the scenic corridor. She stated that the Commission had the authority to do that. She further stated that Commission Trigas’ proposal was a very conservative direction. Commissioner Welshons stated that the wording could state including prohibiting towels, surfboards, and bikes, but not limited to those types of examples. Commissioner Welshons mentioned prohibiting banners as well. Chairman Heineman asked Commissioner Welshons if she were proposing that kind of amendment. Commissioner Welshons stated she didn’t have the exact wording, unless Ms. Blackburn has some wording on it. Senior Planner Blackburn stated that she had concerns. Assistant City Attorney Rudolf indicated that the Housing Redevelopment Director pointed out that part of * the project is affordable housing and there has to be a management agreement with regards to the affordable housing units. An appropriate place for this type of concern regarding the balconies would be in that agreement. Chairman Heineman thanked Mr. Rudolf and authorized a five- (5) minute recess at 7:25 PM. Chairmen Heineman called the meeting of the Planning Commission to order at 7:31 PM. He stated that the problem before the Planning Commission was how to incorporate some type of agreement, that would assure the Planning Commission that balconies facing El Camino Real will be kept presentable, and asked Jack Henthorn, representing the applicants, to read the proposed amendment. PLANNING COMMISSION September 15, 1999 Page 16 Mr. Henthom stated the following, “Management shall impose and enforce conditions preventing unsightly conditions on balconies facing El Camino Real to the satisfaction of the Planning Director.” Chairman Heineman asked if there were any questions. Commissioner Welshons asked if a small list could be included. Chairman Heineman stated that a list would not be included, because something may be left off of the list. He stated that a general statement satisfied the overall need. Chairman Heineman stated that “unsightly conditions” is the key word and that surely should wver it. Commissioner Welshons asked if that implied it would be an ongoing condition. Chairman Heineman stated that, the way it was written meant it would be an ongoing thing. Commissioner Welshons wanted clarification that it was not just a construct deal, but that it would be enforced for the life of the apartments. Chairman Heineman indicated that it was quite clear. Assistant City Attorney Rudolf indicated that he did not think it was that clear. He stated that the Applicant needed to understand what was being imposed. Mr. Rudolf explained that he would add, “prior to occupancy there would be a draft presented to the Director and the Director would either approve or disapprove the draft and it would be imposed. Commissioner Welshons asked how the amendment should be changed in order to have it go on for ever and ever. Assistant City Attorney said he wouldn’t, but if was requested, some language would have to put in that would indicate, “subject to periodic review and revision and approval of the Director.” Chairman Heineman asked if Mr. Rudolf was happy with the amendment as it was read by Mr. Henthom. Assistant City Attorney Rudolph indicated that he was happy with the amendment as read by Mr. Henthorn. Chairman Heineman asked if there were any additional comments. AMENDMENT 2: ’ ACTION: Motion by Commissioner Segall, and duly seconded, incorporate the wording by Mr. Henthorn. VOTE: 7-o AYES: Heineman, Compas, L’Heureux, Segall, Trigas, Welshons, Nielsen NOES: None Commissioner Segall expressed his agreement with Commission L’Heureux about the quality of the project, the design integrity and the layout, and his support of the project. Commissioner Welshons stated that, it was the first time she witnessed a developer coming to meetings prior to their project coming here, to learn about the system, to design a quality project. We welcome you into the City. She stated it will be an excellent project and that Staff did an outstanding job going through the questions asked this evening. PLANNING COMMISSION September 15, 1999 _. Page 17 Chairman Heineman asked if there were any other comments. He then stated that he felt that this was an exceptional solutions to a very difficult piece of property. In addition, he expressed that he was very much in favor of the project. VOTE ON THE MAIN MOTION: VOTE: 7-o AYES: Heineman, Compaq L’Heureux, Segall, Trigas, Welshons, Nielsen NOES: None . Chairman Heineman closed the public hearing. . 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, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; 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 thr following dates, to-wit: Oct. 29, 1999 I certify (or declare) under penalty of perjury tha the foregoing is true and correct. Dated at San Marcos , California this 29th day Oct. 1999 of Signature NORTH COUNTY TIMES This space is for the County Clerk’s Piling Stamp Proof of Publication of Notice of Public Hearino - NOTICE OF PUBLIC HEARING ZC 9%09/LCPA 9%06/SDP 98-19 MANZANITA APARTMENTS NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 600 p.m., on Tuesday November 9, 1999, to consider a request for approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment and Site Development Plan for a 157~unit apartment development on a site located adjacent to El Camino Real just south of Cassia Road and within Local Facilities Management Zone 21 and 10 and more particularly described as: A portion of the NE and SE % of the SW % of Sections 23. T12S, R4W, SBM, County of San Diego. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on or after November 5, 1999. If you have any questions regarding this matter, or would like to be notified of the decision, please contact Elaine Blackburn in the City of Carlsbad Planning Department at (760) 43 8- 116 1, extension 447 1. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment and/or Site Development Plan in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office, at, or prior to, the public hearing. APPLICANT: MANZANITA PARTNERS, LLC PUBLISH: October 29,1999 CITY OF CARLSBAD CITY COUNCIL . sn MANZANITA APARTMENTS ZC 989091LCPA 98-061SDP 984 91 (Form A) TO: C1T.Y CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice zc g&Og/LCPA 98-06/SDP 98-19 - Manzanita Apartments for a public hearing before the City Council. Please notice the Item for the council meeting of First Available Hearing . ASAP Thank you. Assistant City Han-- a October 14, 1999 Date NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, (DATE), to consider approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment and Site Development Plan for a 157~unit apartment development on a site located adjacent to El Camino Real just south of Cassia Road and within Local Facilities Management Zone 21 and 10 and more particularly described as: A portion of the NE and SE % of the SW % of Sections 23. T12S, R4W, SBM, County of San Diego. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after (DATE). If you have any questions, please call Elaine Blackburn in the Planning Department at (760) 438-l 161, extension 4471. The time within which you may judicially challenge this Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment and Site Development Plan, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment and/or Site Development Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZC 98-09/LCPA 98-06/SDP 98- 19 CASE NAME: MANZANITA APARTMENTS PUBLISH: DATE CITY OF CARLSBAD CITY COUNCIL - -- FJLE fJg‘j City of Carlsbad NOTICE OF PUBLIC HEARING COMPLETE DATE: November 121998 DESCRIPTION: . Request for approval of a Mitigated Negative Declaration, Zone Change, Local Coastal Program Amendment, Site Development Plan, Special Use Permit, Hillside Development Permit, and Coastal Development Permit to develop a 157~unit apartment development. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located adjacent to El Camino Real just south of Cassia Road and within Local Facilities Management Zones 21 and 10. ASSESSOR’S PARCEL NUMBER: 215-020-13 2 1.5-020-22 215-021-04 APPLICANT: Manzanita Apartments 1155 Cuchara Drive De1 Mar, CA 92014 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 September 15, 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 September 9, 1999. If you have any questions, or would like to be notified of the decision; please contact Elaine Blackburn 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 Palmas Drive, Carlsbad, California 92009, (760) 438-l 161, extension 4471. . . . . 2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-l 161 l FAX (760) 438-0894 @ APPEALS If you challenge the Mitigated. Negative Declaration, Zone Change, Local Coastal Program Amendment, Site Development Plan, Special Use Permit, Hillside Development Permit, and 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 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: El This site is located within the Coastal Zone Appealable Area. $1 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 3111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725. CASE FILE: ZC 98-09/LCPA 9&06/SDP 98-19/SUP 98-06/HDP 98-18KDP 98-73 CASE NAME: MANZANITA APARTMENTS PUBLISH: SEPTEMBER 2,1999 - SITE MANZANITA APARTMENTS ZC 98909iLCPA 98-06lSDP 98-l 91 SUP 98=06/HDP 98-l 8/CDP 98-73 Sbooth Feed SheetsTM . _- Use template for 5160* CARLSBAD UNIF SCHOOL DIST CITY OF ENCINITAS 801 PINE AVE 505 S VULCAN AVE CARLSBAD CA 92008 ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY CITY OF VISTA OCEANSIDE CA 92054 PO BOX 1988 VISTA CA 92085 REGIONAL WATER QUALITY SANDAG STE B STE 800 9771 CLAIREMONT MESA BLVD 401 B STREET SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST SD COUNTY PLANNING 9150 CHESAPEAKE DR STE B SAN DIEGO CA 92123 5201 RUFFIN RD SAN DIEGO CA 92123 U.S. FISH 6 WILDLIFE CA COASTAL COMMISSION 2730 LOKER AVE WEST STE 200 CARLSBAD CA 92008 3111 CAMINO DEL RIO NO SAN DIEGO CA 92108 CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY PUBLIC WORKS/ENGINEERING SERVICES DEPT CITY OF CARLSBAD PROJECT PLANNER ELAINE BLACKBURN a & AvERV@ Address Labels ** CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME STE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 I.P.U.A. 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