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HomeMy WebLinkAbout2001-10-02; City Council; 16368; Appeal Of Pirineos Pointe0 3 CITY OF CARLSBAD -AGENDA BILL AB# /&,%‘ii TITLE: MTG. ?- / b-01 DEPT. PLN# APPEAL OF PIRINEOS POINTE SDP 00-l 6 DEPT. HD. CITY Al-l-Y. CITY MGR‘W, --3 RECOMMENDED ACTION: That the City Council direct the City Attorney to return with documents DENYING the appeal and UPHOLDING the Planning Commission’s approval of SDP 00-l 6. ITEM EXPLANATION: On August 1, 2001, the Planning Commission conducted a public hearing to review the Pirineos Pointe apartment project. The project consists of a 16 unit apartment project on a vacant, infill parcel located on the north side of Pirineos Way between La Costa Avenue and the La Costa Resort Golf Course. The property is designated for Residential High (RH) density (15 - 23 dulac) development by the General Plan and is located in Local Facilities Management Zone 6. The surrounding neighborhood is comprised entirely of multiple family condominium units. The 16 unit apartment project proposes 14 three-bedroom market rate units and 2 three-bedroom affordable units to satisfy the projects inclusionary housing requirement. The density permitted on the .77 net acre parcel using the Growth Management growth control point of 19 du/ac is 14.6 units; therefore the project exceeds the density allowed by the growth control point by 1.4 dwelling units. The integration of affordable units into the project is consistent with Housing Element goals. The Planning Commission approved the project (3-2) based on findings that the project is subject to and consistent with the General Plan, the Growth Management and lnclusionary Housing ordinances, and the RD-M and Qualified Overlay zones. The Planning Commission received two letters in support, six letters in opposition, and petitions with 212 signatures in opposition to the project from surrounding residents. Twenty-five persons spoke in opposition to the project during public testimony. Speakers expressed concerns over the following issues: Existing traffic safety and proposed additional traffic on already congested streets Additional density above the growth control point Opposition to rental apartment units that are not compatible with ownership units Lack of on-street parking on Pirineos Way, a cul-de-sac street Limited emergency evacuation routes Inadequate onsite parking proposed for the project Lack of open space and/or recreational opportunities in the neighborhood Three story structures with three bedroom units On August 10, 2001, an appeal of the Planning Commission’s decision to approve the project was filed. Following is a list of items identified as the subject of appeal and staffs response to each: 1. The Planning Commission erroneously accepted incorrect and misleading research presented by the staff planner: Response: Although the appellant has not been specific regarding the incorrect and misleading research mentioned as a subject of their appeal, the following item is believed by staff to be the issue. During public testimony, staff was questioned about whether other apartment units exist on Pirineos Way or Navarra Drive. Staff responded that she believed there were other apartment units on Navarra Drive based on a limited review of the assessor parcel books which identify parcels that have condominium ownership units. However, the PAGE 2 OF AGENDA BILL NO. /d; $ti’ distinction between ownership and non-ownership units is not an issue that staff would consider in reviewing a multi-family project for conformance with City policies and standards. There is no City policy or standard that can be used to distinguish mutli-family development based on ownership. 2. The proposed affordable units do not satisfy the City’s lnclusionary Housing requirement (15% of total units): Response: Section 21.85050 of the lnclusionary Housing Ordinance (Chapter 21.85 of the Carlsbad Municipal Code) specifies that the required number of lower-income inclusionary units shall be 15% of the total residential units to be provided both onsite and offsite. Fractional units of .5 and above are rounded up to the next higher number and units of .5 and below are rounded down. The project consists of a request for 14 market rate units and two affordable units for a total of 16 units. Fifteen percent of the total (16 units) is 2.4 units; therefore, the project consists of 14 market rate units and 2 affordable units. 3. The City’s Master EIR is outdated and does not meet requirements of being updated and current: Response: As stated in the Planning Commission staff report, the project is within the scope of the City’s General Plan EIR (MEIR). In issuing a Negative Declaration for the project, the Planning Director determined that based on an environmental impact assessment of the project, no project-specific significant environmental impacts could be identified. The Negative Declaration relied on the MEIR only to address cumulative air quality and circulation impacts for which overriding considerations were made by Council due to regional impacts. Although the City is currently reviewing the MEIR to determine its adequacy, a preliminary analysis of its adequacy has not identified substantial changes to the circumstances under which the MEIR was certified or any new available information which was not known or could not have been known at the time the EIR was certified. 4. The Planning Department’s reliance on the City’s Growth Management Plan exceeds accepted standards and is vague in establishing density precedence: Response: The Planning Department relied on the Growth Management Ordinance to make findings regarding the projects density because the project density exceeds the density allowed by the growth control point. The Growth Management Ordinance limits projects to the growth control point to ensure that the adopted quadrant dwelling unit caps are not exceeded. However, the ordinance provides very clear administrative relief through allowing projects to exceed the growth control point while remaining within the applicable General Plan density range if specific findings are made. The findings applicable to the project are that the additional 2 units would not exceed the dwelling unit cap imposed for the southeast quadrant, and that the project would provide sufficient additional public facilities to satisfy any additional demand that it generates. Staff testified during the public hearing that the dwelling unit cap for the southeastern quadrant has not been exceeded and no deficiency in public facilities resulting from the project were identified (see Finding number 1 of Planning Commission Resolution 5008.) The Growth Management Ordinance does not require that a precedence finding be made, i.e., that other projects in the area have exceeded the growth control point. It is true that existing project densities on Pirineos Way are all well over the I ’ growth control point of 19 du/ac because they were developed prior to adoption of the Growth Management Ordinance 2 PAGE 3 OFAGENDA BILL NO. /6! 36f 5. The Planning Department approved apartment type dwellings in an established condominium community: Response: There is an assumption by the appellant that apartment and condominium multi- family units are not compatible because an apartment project would reduce existing quality of life and property values in an established neighborhood. As discussed above, the City has no policy for distinguishing between ownership and non-ownership multi-family units. Staffs compatibility finding was based on multi-family units that are similar in design and density. Staffs finding that the proposed infill lot is surrounded by existing multi-family apartment and condominium projects should be corrected to state that the infill lot is surrounded by existing multi-family condominiums; however, based on staffs research, about one-third of the condominium units may be rental units because they are not owner-occupied. This correction would not change the finding that the proposed units are compatible with the surrounding community. EXHIBITS: 1. Location Map 2. Planning Commission Resolutions No. 5007 and 5008 3. Planning Commission Staff Report dated July 18, 2001 and August 1, 2001 4. Planning Commission Minutes dated August I,2001 5. Appeal Form received August IO, 2001 6. Letter from Applicant dated August 13,200l 3 LA COSTA COUNTRY CLUB SITE @ woanl PIRINEOS POINTE SDP 00-16 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 EXHIBIT 2 PLANNING COMMISSION RESOLUTION NO. 5007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION TO ALLOW THE A 16 UNIT APARTMENT PROJECT LOCATED ON THE NORTH SIDE OF PIRINEOS WAY IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: PIRINEOS POINTE CASE NO.: SDP 00- 16 WHEREAS, Pirineos Pointe, LLC, “Developer” has filed a verified application with the City of Carlsbad regarding property owned by Nothan Partners No. I, “Owner,” described as Parcel 1 of Parcel Map 4548 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 16,1976 as file No. 76- 076420 of official records. (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 18th day of July, 2001 and on the 1st day of August, 2001, 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, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 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 hereby ADOPTS the Negative Declaration according to Exhibit 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “ND” dated June 1, 2001, and “PII” dated May 13, 2001, attached hereto and made a part hereof, based on the following findings: Findiws: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and b. the Negative Declaration has 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 C. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EL4 Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions: 1. Approval is granted subject to the approval of SDP 00-16 and subject to all conditions contained in Planning CornmisSion Resolution 5008. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of August, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Heineman, and Trigas NOES: Commissioners Compas and Nielsen ABSENT: Commissioners Baker and L’Heureux JB@JI#fSEGALJ,&hairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5007 City of Carlsbad NEGATIVE DECLARATION Project Address/Location: Pirineos Way between La Costa Avenue and the La Costa Golf Course in the RD-M zone. Project Description: 16 unit three-story townhome apartment project on an .883 acre infill parcel. The project includes 2 affordable housing apartment units, and common recreation facility consisting of pool, spa, and community recreation room. 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, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Anne Hysong in the Planning Department at (760) 602-4622. DATED: JUNE 1,200l CASE NO: SDP 00-l 6 CASE NAME: PIRTNEOS POINTE PUBLISH DATE: JUNE 1,200l 1635 Faraday Avenue l Carlsbad, CA 92008-7314 - (760) 602-4600 l FAX (760) 602-8559 l www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: SDP 00- 16 DATE: 05-13-01 BACKGROUND 1. CASE NAME: Pirineos Pointe 2. APPLICANT: Darryl Clubb 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 7909 Silverton Avenue, Suite 213, San Dieao. CA 92128 PH: 858-689-8911 4. DATE EIA FORM PART I SUBMITTED: 12- 15-00 5. PROJECT DESCRIPTION: 16 unit apartment project on an .883 acre infill parcel located on Pirineos Way in the RD-M zone. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning lxl Transportation/Circulation q Public Services q Population and Housing q Biological Resources q Utilities & Service Systems cl Geological Problems q Energy & Mineral Resources q Aesthetics q Water q Hazards q Cultural Resources m Air Quality q Noise q Recreation q Mandatory Findings of Significance 8 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) lxl q q 0 q 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 MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed 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(n) EIR 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 EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Date ’ / 9 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. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but &I 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). 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. 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. 3 Rev. 03/28/96 a If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l 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: 4 b) e) Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-l - 5.6-18) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-l - 5.6-18) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-l - 5.6-18) II. POPULATION AND HOUSING. Would the proposal: 4 b) cl Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or a) b) cl 4 e) 0 g) h) 0 expose people to potential impacts involving: Fault rupture? (#l:Pgs 5.1-I - 5.1-15) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-I - 5.1.15) Seiche, tsunami, or volcanic hazard? (#l :Pgs 5. l-l - 5.1-15) Landslides or mudflows? (#l:Pgs 5.1-I - 5.1-15; #2) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15; #2) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15; #2) Expansive soils? (#l:Pgs 5.1-l - 5.1-15; #2) Unique geologic or physical features? (#I :Pgs 5.1-l - 5.1-15; #2) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-l - 5.2- 11; #3) b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-l - 5.2-l 1) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-l - 5.2-l 1; #3) Potentially Significant Impact q q 0 q q q cl q 0. q q q 0 q q cl El q q q Potentially Less Than Significant Significanl Unless Impact Mitigation Incorporated q q cl q q q q q q q q q q q q q q q q q q q q q 0 q 0 q q q q q q q cl q q Ix) q q NO impact lxl lxl lzl El lxl lxl lxl Ix1 El El lxl IXI lxl 1x1 El lxl lzl q w lxl 12 5 Rev. 03/28/96 Issues (and Supporting Information Sources). 4 e) f) .!a h) 0 Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l - 5.2-l 1) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-l - 5.2-11) 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 recharges capability? (#l:Pgs 5.2-l - 5.2-l 1) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-l - 5.2-l 1) Impacts to groundwater quality? (#l:Pgs 5.2-l - 5.2-11) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5..2-11) V. AIR QUALITY. Would the proposal: 4 b) cl 4 Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12) VI. TRANSPORTATION/CIRCULATION. proposal result in: Would the a) Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7.22) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22) d) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22) e) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-l - 5.7.22) g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22) 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? (#l:Pgs 5.4-l - 5.4-24) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24) Potentially Stgnificant Impact q cl q q q q lx El 0 q lxl q 0, q q 0 q q q El Potentially Significant Unless Mitigation Incorporated q cl q q q q q 0 cl q q q q q q q q q q 0 Less Than Stgnificanl Impact q 0 cl q q cl q q 0 q q q q u q q q q q q X0 Impact 151 lxl Ix1 lxl lxl Ia q lxl IXI lxl q lxl El lzl IXI (XI El Ix) lxl txJ /3 6 Rev. 03/28/96 Issues (and Supporting Information Sources). 4 e) VIII. 4 b) c) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l - 5.4-24) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 &5.13-l - 5.13-9) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral resource that would be o future value to the region and the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-l - 5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-l - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9- 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15) XI. 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? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? () e) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterationsto the following utilities: a) Power or natural gas? (#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-1 - 5.13-9) q q q El q q q q q q q q q q q q q q q q q q q q q q U cl q III q q cl q q q q q q q q q q cl q q q q 5 5 5 5 5 5 5 5 5 5 5 5 5 5 IXI 5 5 rxl4 / 7 Rev. 03128196 Potentially Significant Impact q q Potentially Significant Unless Mttigation Incorporated El q Less Than Significanl Impact q q NO impact Issues (and Supporting Information Sources). b) cl 4 e> f) g) XIII. a) b) cl XIV. 4 b) c) 4 4 Communications systems? Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-l - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-l - 5.12.4-3) Local or regional water supplies? (#l :Pgs 5.12.2-l - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-l - 5.11-5) Have a demonstrated negative aesthetic effect? (#l:Pgs 5.11-1 - 5.11-5) Create light or glare? (#l:Pgs 5.1 l-l - 5.11-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l :Pgs 5.8- 1 - 5.8-10) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1 - 5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or 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? Potentially Significant Impact q q q q q q q q q q q q 0 q q q cl Potentially Significant Unless Mitigation Incorporated q q q q El q q q q q q cl q cl q q q Less Than Significant Impact q q q q q q q q q cl q q q 0 q cl q NO Impact izl !xl Ix) 151 lxl [x1 Ix] El El El lzl Ix1 Ix1 lxl El lxl lxl 8 /5 Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation LessThan No Significant Impact Impact lncoaorated b) Does the project have impacts that are individually limited, but cumulatively considerable? 0 q cl El (“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, q cl cl ixl either directly or indirectly? 9 /6 Rev. 03/28/96 XVII. EARLIER ANALYSES 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: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c> Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. ENVIRONMENTAL SETTING The infill site has been previously disturbed by grading and is surrounded by existing multi- family development similar in size and scale to that proposed. The site consists of a generally flat graded pad with an approximately 15’ descending slope along the northern property line. The site contains no sensitive vegetation. The 16 unit project is consistent with the RH General Plan designation allowing 15 - 23 dwelling units/acre, however, the proposed 20 dwelling units/acre project density exceeds the Growth Management Control point of 19 du/acre by 1 unit. This density increase would enable the provision of 2 affordable housing units proposed to be integrated into the project. This is consistent with surrounding development which also exceeds the density allowed by the Growth Management growth control point. Because the project grading scheme proposes to lower the site to provide access to partially subterranean garages, 4,540 cubic yards of export will be necessary to develop the site. Exported soils will be transported outside the City limits. 10 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION AIR OUALITY: In 1994 the City prepared and certified an EIR which analyzed the impacts which will result from the build-out of the City under an updated General Plan. That document concludes that continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts in the form of 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 projects covered by the General Plan’s Final Master EIR. This project is within the scope of that MEIR This document is available at the Planning Department. CIRCULATION: 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 will result in increased traffic volumes. Roadway segments will be adequate to accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at build-out. To lessen or minimize the impact on circulation associated with General Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks vg 11 Rev. 03/28/96 pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all projects covered by the General Plan’s Master EIR. This project is within the scope of that MEIR This document is available at the Planning Department. A MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects, Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. 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 1635 Faraday Avenue, Carlsbad, California, 92008, (760) 602-4600. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 2. “Geotechnical Investigation and Foundation Recommendations Proposed New Multi-unit Development, Located on the North Side of Pirineos Way, APN 216-200-2400, City of Carlsbad, California” dated November 10,2000, prepared by Engineering Design Group. 3. “Hydrology Study -Pirineos Pointe, Carlsbad, California” dated May 10, 2001, prepared by Engineering Design Group. 12 Rev. 03/28/96 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. 5008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 00-16 TO ALLOW A 16 UNIT APARTMENT PROJECT LOCATED ON THE NORTH SIDE OF PIRINEOS WAY IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: PIRINEOS POINTE CASE NO.: SDP 00-16 WHEREAS, Pirineos Pointe, LLC, “Developer” has filed a verified application with the City of Carlsbad regarding property owned by Nothan Partners No. I, “Owner,” described as Parcel 1 of Parcel Map 4548 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 16,1976 as file No. 76- 076420 of off&al records. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A” - “V” dated July 18,2001, on file in the Planning Department, SDP 00-16 - PIRINEOS POINTE, as provided by Chapter 21,06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of July, 2001 and on the 1st day of August, 2001, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVED SDP 00-16 - PIRINEOS POINTE, based on the following findings and subject to the following conditions: Findinps: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project is consistent with the Residential High (RH) density General Plan designation for the site and surrounding properties, and although it exceeds the density permitted by the Growth Management growth control point by 1.4 units, adequate public facilities will be provided to serve the additional units in accordance with Growth Management standards and quadrant dwelling unit cap will not be exceeded. The project is also consistent with Housing Element goals for the provision of low income housing and with zoning standards for development in the RD-M zone. The project would not adversely impact the site or surrounding uses since it is proposed on an infill lot that is surrounded by existing multi-family apartme’nt and condominium projects that are similar in design and at densities similar to or higher than the proposed density. The project is designed with a single driveway providing access to partially subterranean garages within the development that will ensure safe ingress and egress from the public street. The architectural design, in which units are two-story adjacent to surrounding development and include well articulated building planes and roof lines, aesthetically enhance the project and ensure compatibility with the surrounding development. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the apartment project proposes only 30.7% building coverage and building setbacks exceed the minimum requirements at the majority of locations. Additionally, a 6’ high earthstone retaining wall and 3:l landscaped slope will replace and restabilize an existing 15’ high, 1 521 slope located along the northern property line. The structures will remain at the approximate location of the existing top of slope; therefore, additional building area is not created by the retaining wall. 3. 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 provides 1andscap.e setbacks that exceed the minimum requirement at most locations, includes common and private outdoor recreational amenities within the developable area, and is similar in design and scale with surrounding development. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the street system serving the project includes improved local streets and La Costa Avenue. The local streets are designed to accommodate high density development in accordance with the General Plan. La Costa Avenue is a secondary circulation arterial roadway that currently operates at acceptable levels of service and can accommodate the additional 96 ADT generated by the proposed project. PC RESO NO. 5008 -2- 21 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 5. 6. 7. 8. 9. 10. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 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 Encinitas Union/San Dieguito High School Districts 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 6 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City’s public facility plans will not be adversely impacted, in that although the project exceeds the permitted density by 1.4 dwelling units, the infill parcel is served with adequate public facilities to serve the additional density. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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 issuance of grading permit or building permit, whichever occurs first. PC RESO NO. 5008 22 -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’ 1. 2. 3. 4. 5. 6. 7. 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 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 documents, 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 laws and regulations 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/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 Site Development Plan, (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 Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 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. a. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 213 PC RESO NO. 5008 -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 8. 9. 10. 11. 12. 13. 14. 15. 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. The developer shall construct trash receptable and recycling areas enclosed by a six foot high masonry wall with gates pursuant to City engineering standards and Carlsbad Municipal Code Chapter 2 1.105. 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. 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 weeks, 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. 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 two dwelling 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 21.85 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 map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 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. Prior to issuance of the Site Development Plan, 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 by Resolution No. 5008 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 as the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in , PC RESO NO. 5008 -5 24 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 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 16. 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 I recreational facilities i 17. The Developer shall post aircraft noise notification signs in all rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Department. 18. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. Engineering: General 19. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 20. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. Fees/Ameements 21. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 22. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 23. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 24. Upon completion of grading, Developer shall file an “as-graded” geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24” x 36” mylar or similar drafting film format suitable for a permanent record. 25. Based upon a review of the proposed grading and the grading quantities shown on the PC F2ESO NO. 5008 -6- 25 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 conceptual grading plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. 26. 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 Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Dedications/Improvements 27. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Site Plan and the following improvements including, but not limited to (paving, base, sidewalks, curbs and gutters, medians, grading, and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water), to City Standards to the satisfaction of the City Engineer. a. New l&inch RCP storm drain to serve project constructed from project entryway to existing inlet at cul-de-sac east of project. b. New Fire service lateral c. New water service and meter Improvements listed above shall be constructed within 18 months of approval of the project or development improvement agreement or such other time as provided in said agreement. 28. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along or within the Project boundary, if any exist. 29. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest issue. Developer shall provide improvements constructed pursuant to 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 submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective PC RESO NO. 5008 -7- 26 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 containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 30. Prior to Building Permit or Grading Permit issuance, whichever occurs first, Developer shall apply for and obtain approval of the City Engineer, for the design of the structural section for the access aisles 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 Engineer as part of the building or grading plan review whichever occurs first. Carlsbad Municipal Water District Conditions 31. 32. 33. 34. 35. 36. 37. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine the fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieno County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall install potable water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall design and construct public water facilities substantially as shown on the Site Plan and Conceptual Grading Plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. The Developer shall construct sufficient numbers (meter bank) of potable water meters (maximum 2-inch meters) required to serve the project. Master-meters for each structure (larger than 2-inches) is not an acceptable provision. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. PC RESO NO. 5008 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38. The Developer shall meet with and obtain approval from the Leucadia County Water District regarding sewer infrastructure available or required to serve this project. Fire: 39. Prior to building occupancy, private driveways which serve as required access for emergency service vehicles shall be posted as tire lanes in accordance with the requirements of Section 17.04.020 of the Carlsbad Municipal Code. 40. Fire sprinkler and fire alarm systems are required (use exception #2, CBC 1007.2.9.1.1 in place of fire alarm system). Plans and/or specifications for fire alarm systems and automatic fire sprinkler systems shall be submitted to the Fire Department for approval prior to construction. Code Reminders: 41. 42. 43. 44. 45. 46. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with 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 PC RFSO NO. 5008 -9- 23 1 2 3 4 5 6 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning 8 Commission of the City of Carlsbad, California, held on the 1st day of August, 2001, by the 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 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. following vote, to wit: AYES: Chairperson Segall, Commissioners Heineman, and Trigas NOES: Commissioners Compas and Nielsen ABSENT: Commissioners Baker and L’Heureux G COMMISSION ATTEST: Planning Director PC RESO NO. 5008 -lO- \ 27 The City of Carlsbad Planning Departmen EXH6lT 3 A REPORT TO THE PLANNING COMMISSION Item No. 1 0 Application complete date: April 13, 2001 P.C. AGENDA OF: August 1,200l Project Planner: Anne Hysong Project Engineer: Jeremy Riddle SUBJECT: SDP 00-16 - PIRINEOS POINTE - Request for approval of a Site Development Plan to allow a 16 unit townhome style apartment project including 2 affordable housing units located on Pirineos Way between La Costa Avenue and the La Costa Resort Golf Course in the RD-M zone and Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution 5007 ADOPTING a Negative Declaration and Planning Commission Resolution 5008 APPROVING SDP 00- 16. II. BACKGROUND This item was continued from the July 18,200l meeting. ATTACHMENTS: 1, Planning Commission Resolution No. 5007 (Neg. Dec.) 2. Planning Commission Resolution No. 5008 (SDP) 3. Staff Report dated July 18,200l with attachments The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: April 13, 2001 P.C. AGENDA OF: July l&2001 Project Planner: Anne Hysong Project Engineer: Jeremy Riddle SUBJECT: SDP 00-16 - PIRINEOS POINTE - Request for approval of a Site Development Plan to allow a 16 unit townhome style apartment project including 2 affordable housing units located on Pirineos Way between La Costa Avenue and the La Costa Resort Golf Course in the RD-M zone and Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution 5007 ADOPTING a Negative Declaration and Planning Commission Resolution 5008 APPROVING SDP 00-16. II. INTRODUCTION The proposed project is a 16 unit three-story townhome style apartment complex on the only remaining vacant lot located on Pirineos Way between the La Costa Resort Golf Course and La Costa Avenue. The project consists of 4 three-story buildings, each containing 4 three-bedroom units that range in size from 1,880 to 2,135 square feet, and a common recreation area consisting of a clubhouse, exercise gym, lap pool and spa. Two units would be reserved as affordable housing units to satisfy the project’s inclusionary housing requirement, and the applicant is requesting approval to exceed the growth control point by 1.78 units. As designed and conditioned, the project is consistent with the General Plan and relevant chapters of the Zoning Ordinance. III. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a site development plan to allow a 16 unit apartment project consisting of 14 market rate units and 2 affordable units on a .88 acre (.77 net acre) infill parcel designated for Residential High (RH) density by the General Plan. The proposed project density of 20.78 du/acre is within the RH density range of 15 - 23 du/acre; however, the project exceeds the Growth Management growth control point (GCP) of 19 du/acre. The GCP would allow 14.6 units; therefore, the 16 unit project is 1.4 units above the Growth Management dwelling unit allowance. Planning Commission approval of the SDP is required pursuant to Section 21.53.120 of the Zoning Ordinance which requires the processing of a site development plan for multi-family projects with more than 4 units and for multi-family affordable projects of any size. The infill parcel is located on the north side of Pirineos Way in the southeast quadrant. The site has been previously disturbed by grading and is surrounded by existing multi-family g 31 SDP 00-16 - PIRINEOS POINTE July 18,200l Page 2 development similar in size and scale to that proposed. The site consists of a generally flat graded pad that rises from street grade approximately 5’ with an approximately 15’ high descending slope along the northern property line. The site contains no sensitive vegetation. The proposed grading scheme would lower the site 5’ to 8’ to provide driveway access to partially subterranean garages resulting in 4,540 cubic yards of export to develop the site. Exported soils will be transported outside the City limits. The proposed pad elevations around the perimeter of the site are the same or lower than existing elevations. A combination of a 6’ high earthstone wall and 3: 1 fill slope will replace the existing unstable l-l/2: 1 slope along the northern boundary of the site. A single 24’ wide driveway will provide access to garages and guest parking located in the interior of the project. The townhome style apartment project consists of four three-story buildings with 4 units in each building plus a single story clubhouse attached to one of the buildings. The buildings are a maximum height of 34.5’, and each unit consists of a two-car garage on the lower level and two floors of living space above the garage. The project will appear two-story along the perimeter elevations with the lower level garages visible from the interior of the site. Each unit has an interior entrance through the garage and an exterior entrance to the second level living area along the outside perimeter. Since the exterior apartment entrances are around the outside perimeter of the project, the “front” building elevations visible from the street and adjacent properties are absent garage doors and include multiple building planes and enhanced window treatment. The proposed architectural design also incorporates a one-story element (clubhouse) along the Pirineos Way street frontage that serves to reduce the building mass at the street. All units have a 40 square foot balcony deck and 14 of the units have 105 square foot private patios. The units without private patios have immediate access to a common recreation area. The 14 market rate units are 2,135 square feet with three bedrooms and two and one-half baths, and the two affordable units are 1,880 square feet and 1,929 square feet with three bedrooms and two baths. Recreational amenities include a 1,142 square foot clubhouse, lap pool and spa. The lap pool and spa are located in the front of the project behind a 10’ fully landscaped front setback; therefore a 5’ high masonry wall is proposed to enclose the pool area along the street. The wall transitions down to 42” in height where it is within the front setback in accordance with City standards. Pedestrian circulation is provided around the entire project and includes handicapped accessibility to the recreation areas. The project is subject to the following adopted land use plans and regulations: A. General Plan B. Carlsbad Municipal Code, Title 2 1 (Zoning Ordinance) including: (1) Chapter 21.24 - Residential Density - Multiple Zone (2) Section 21.53.120 - Affordable Housing/Multi-Family Residential Projects and Chapter 2 1.06 - Qualified Overlay Zone; (3) Chapter 21.85 - Inclusionary Housing C. Growth Management 32 SDP 00- 16 - PIFUNEOS POINTE July 18,200l Page 3 IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies in tables and project specific discussions. A. General Plan The proposed project is consistent with the policies and programs of the General Plan. The following table indicates how the project complies with the elements of the General Plan which are particularly relevant to this proposal. ELEMENT Land Use GENERAL PLAN COMPLIANCE STANDARD PROVIDED RH (15-23 Dwelling 20.78 du/acre Units/Acre) COMPLIANCE Yes Housing Growth Control Point (GCP) = 19 Dwelling Units/Acre Ensure all projects provide a range of housing for all economic income groups. A minimum of 15% of the total units approved shall be affordable to lower income households. 20.78 du/acre 2 units The project exceeds the growth control point of 19 du/acre however the findings required by the City’s Growth Management Plan can be made to exceed the GCP. Yes Bl. Chapter 21.24 - Residential Density Multiple Zone The project is in conformance with the following zoning standards: 33 SDP 00-16 - PIRINEOS POINTE July 18,200l Page 4 RD-M ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED PROPOSED Use Lot Coverage Front Yard Setback Street Side Yard Setback SideYard Setback Rear Yard Single family/multi family units Multi-family apartments 60% 30.72% 10 Feet (with no garage doors Minimum 20 Feet with facing street and full 10 Feet fully landscaped landscaping) 10 Feet Not Applicable 5 Feet 5 Feet - 15 Feet 10 Feet 22 Feet 9 J 11 1 Building Height Maximum 35 Feet 34.5 Feet B2. Affordable Housing/Multi-Family Residential Projects and Qualified Overlay Zone Multi-family apartment projects exceeding 4 units and affordable housing projects of 50 or fewer units require Planning Commission approval of a site development plan based on findings that the project is consistent with the underlying zoning and in conformance with the General Plan policies and goals and in accordance with the provisions of the Qualified Overlay Zone (Chapter 21.06 of the Zoning Ordinance). Findings required by the Qualified Overlay Zone ensure that the use is consistent with the General Plan and will not adversely impact the site or surrounding uses, and that the site and street system are adequate to accommodate the use. The 16 unit apartment project, including two integrated low income housing units, is consistent with the Residential High (RH) density General Plan designation for the site and surrounding properties. The project density of 20.78 du/acre exceeds the Growth Management growth control point (19 du/acre), however, the necessary findings that the infill parcel is served with adequate public facilities and that excess dwelling units are available in the quadrant can be made. As indicated in Sections A and Bl of this report, the project is consistent with Housing Element goals for the provision of low income housing and with zoning standards for development in the RD-M zone. The project would not adversely impact the site or surrounding uses since it is proposed on an infill lot that is surrounded by existing multi-family apartment and condominium projects that are similar in design and at densities similar to or higher than the proposed density. The project is designed with a single driveway providing access to partially subterranean garages within the development that will ensure safe ingress and egress from the public street. The architectural design, in which units are two-story adjacent to surrounding development and include well articulated building planes and roof lines, aesthetically enhance the project and ensure compatibility with the surrounding development. The site is adequate in size and shape to accommodate the apartment project which proposes only 30.7% building coverage and building setbacks exceed the minimum requirements at the majority of locations. The project also includes common and private outdoor recreational amenities within the developable area. A 6’ high earthstone retaining wall and 3:l landscaped slope will replace and restabilize an existing 15’ high, 1 1/:1 slope located along the northern property line. The structures will remain at the approximate location of the existing top of slope; therefore, additional building area is not created by the retaining wall. SDP 00-16 - PIRINEOS POINTE July 18,200l Page 5 The street system serving the project includes improved local streets and La Costa Avenue. The local streets are designed to accommodate high density development in accordance with the General Plan. La Costa Avenue is a secondary circulation arterial roadway that currently operates at acceptable levels of service and can accommodate the additional 96 ADT generated by the proposed project. B3. Inclusionary Housing The project is subject to the Inclusionary Housing Ordinance requiring that a minimum of 15% of the total approved residential units in any development be restricted and affordable to lower income households. In addition, 10 percent of those units must be three bedroom units. The project complies with the Inclusionary Housing Ordinance as demonstrated below: STANDARD REQUIRED PROVIDED 15% Inclusionary Units 2.4 2 Mix of Bedrooms 10% of Units - 3 bedrooms 2 three bedroom units Affordable Housing Agreement Signed Agreement prior to Condition imposed to require final map an affordable housing agreement. B. Growth Management The proposed project is located within Local Facilities Management Zone 6 in the southeast quadrant of the City. The impacts created by this development on public facilities and compliance with the adopted performance standards are summarized as follows: FACILITY IMPACTS COMPLIANCE City Administration Library Waste Water Treatment 56 sq ft 30 sq ft 17 EDU Yes Yes Yes Parks Drainage Circulation .ll acre N/A 96 ADT Fire Open Space Schools Sewer Collection Svstem Station No. 2 N/A Encinitas Union/San Dieguito Elementary School: 1.74 Junior High School: 1.76 High School: 1.76 17 EDU 3,740 GPD Yes Yes Yes Yes Yes Yes Yes 1 Water Yes The project is 1.4 dwelling units above the Growth Management dwelling unit allowance of 14.6 units for the property as permitted by the Growth Management Ordinance growth control point. 35 SDP 00-16 - PIRINEOS POINTE July 18,2001. Page 6 V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Based on the findings of the initial study Part II, the project is within the scope of the City’s MEIR for the City of Carlsbad General Plan update (EIR 93-01) certified in September, 1994, in which a statement of Overriding Considerations was adopted for cumulative impacts to air quality and traffic. MEIRs may not be used to review projects if it was certified more than 5 years prior to the filing of an application for a later project except under certain circumstances. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than 5 years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. All feasible mitigation measures identified in the MEIR which are appropriate to this project have been incorporated into the project. The environmental analysis performed for the project revealed that the site is currently served by existing infrastructure that can accommodate the additional project demand; the site has been previously disturbed by grading; and the site is devoid of any significant cultural or natural biological resources. An additional 96 ADT would be generated by the project; however, this increase would not negatively impact the levels of service of existing roadways serving the project. Based on the findings that no significant environmental impacts would result from the project, the Planning Director issued a Negative Declaration on June 1,200l. No comments were received during the public review period. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. AH:mh Planning Commission Resolution No. 5007 (Neg Dee) Planning Commission Resolution No. 5008 (SDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Reduced Exhibits Full size Exhibits “A” - “V” dated July 18,200l BACKGROUND DATA SHEET CASE NO: SDP 00-16 CASE NAME: Pirineos Pointe APPLICANT: Pirineos Pointe LLC REQUEST AND LOCATION: 16 Unit anartment proiect including 2 inclusionarv housing units on the north side of Pirineos Wav between the La Costa Resort Golf Course and La Costa Avenue in the southeast quadrant. LEGAL DESCRIPTION: Parcel 1 of Parcel Map 4548 in the Citv of Carlsbad, Countv of San Diego, State of California. filed in the Office of the County Recorder of San Diego County, March 16, 1976 as file No. 76-076420 of official records. APN: 216-200-24 Acres: .88 Acre Proposed No. of Lots/Units: 16 Units GENERAL PLAN AND ZONING Land Use Designation: RH Density Allowed: 15 - 23/ GCP = 19 Density Proposed: 20.78 Existing Zone: RD-M Proposed Zone: Same Surrounding Zoning, General Plan and Land Use: Site North South East West Zoning RD-M RD-M RD-M RD-M RD-M General Plan RH RH RH RH RI-3 Current Land Use Vacant Multi-Family Multi-Family Multi-Family Multi-Family PUBLIC FACILITIES School District: Encinitas Union/San Dienuito Water District: CMWD Sewer District: Leucadia County Water District Equivalent Dwelling Units (Sewer Capacity): 17 EDU ENVIRONMENTAL IMPACT ASSESSMENT lxl Negative Declaration, issued June 1,200l 0 Certified Environmental Impact Report, dated 0 Other 37 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: SDP 00- 16 - PIRINEOS POINTE LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: RH ZONING: RD-M DEVELOPER’S NAME: PIRINEOS POINTE, LLC ADDRESS: 7909 SILVERTON AVENUE, #2 13 PHONE NO.: (858) 689-8911 ASSESSOR’S PARCEL NO.: 216-200-24 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 16 DU ESTIMATED COMPLETION DATE: UNKNOWN A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 56 square feet Library: Demand in Square Footage = 30 square feet Wastewater Treatment Capacity (Calculate with J. Sewer) 17 EDU Park: Demand in Acreage = .ll acre Drainage: Demand in CFS = 1 cfs Identify Drainage Basin = Batiauitos Watershed (Identify master plan facilities on site plan) Circulation: Demand in ADT = 128 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = No. 2 Open Space: Acreage Provided = Not applicable Schools: Elementary School: 1.74 Junior High School: 1.76 High School: 1.76 Encinitas Union and San Dieguito (Demands to be determined by staff) Sewer: Demands in EDU 16 EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 3,740 The project is 1.4 units above the Growth Management Dwelling unit allowance. 38 DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your 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, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corporation or aartnershiD, 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 corooration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) 2. Person B. DARRYL CLUBB corpm PIRINEOS POINTE, LLC Tit]e-WW?G~~~~~~~ER Title A CALIFORNIA LIMITED LIABILITY CO. Address7909 SILVERTON AVE. #213 Address SAME SAN DI,EGO, CA 9‘2126 NOTE: NO OTHER INDIVIDUAL OWNS MORE THAN 10% OWNER (Not the owner’s agent) INTEREST OTHER THAN B. DARRYL CLUBB 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 comoration or nartnership, 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 necessary.) Person S I AVASH KHAJEZADE . Title GENERAL PARTNER Address 7’143 CAMI’NI’TO PENTOJA SAN DI-EGO, CA 92122 w/Part NOTHAN PARTNERSHIP NO. I, Title A GENERAL PARTNERSHIP Address SAME SEE ATTACHED EXHIBIT “1” 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 l FAX (760) OBj14/01 OB:58 el 858 459 0118 DESIGN LEAGUE G/13/2801 18: 18 858689023U . 3. NON-PROm d!ihmmON OR’TRUST 4. ~youhd~~thanS2HI~Of~~kdaith~yrn~erofCityElpff. NOTE: AmcIlaLddid~sbeetsifn#msay, -jzi %3w$giw //--/L/-- - Signature of ‘caddate PhutorrypllanleofowQa matorQpeaun$01-applic&1 *I agent ifrppliosbleMatc Pelt w typerrpmt of ovacs/~cint’s aguli H:ADMNCOU~SCLOsUUE Cl-Al-MAthll fin8 P8gl 2 of 2 . - -...- --~ -.. _ -. _ _- .- .-. .--.. - . _ ., 11/16/00 ll:? el 619 459 0118 DESIGN LEAGUE To: Mr. Darryl Clubb From: Siavash Khajezade partners owning more than 10% of the share: Siavash Akhgarnia 5610 Calle Miramar La Jolla CA 92037 Camille Eyvazzadeh 3 LSO n. Apollo Dr. Bethlehem, PA 180 17 Mehdi Lahijani 8665 Wilshire Blvd. Beverly Hiils, CA 902 1 I Siavasb Khajezade 7 143 Caminito Pantoja San Diego, CA 92122 EXHIBIT “l’,’ j 1 63 O Es 2 i i a P $1 ! P= Es tE : ,I & t PARCEL 2 PARCEL MAP 4546 r.. 9c -!s”r ?I $= g-j ;; $1 - I BPS+ dVW 133Wd Z 133tlVd 9 55 i 0 5. -c . !.I I 45 ------, m- . I -- 1 / I 1 .j ____________ _ -..--- _ -__. _-. !I L : i I \ L i i I -.-- L- __---- m- -llr---;-------Jj .--‘T‘...-.. -~_--_..__......- I i 7 I ! ;i /] j ’ ! i I I i __ ii _- --- ---__ 1 46 -*--- -+l. _.- ‘:------- ----e-i 11 -- ! / ! -4; ! , I . i-is, 1 I f :j I L I t-P l I 1 4.Y I it *n- YI D.,. inmu ‘I/j % . I - “I ‘i B 52 ..“- I .WlU I Y‘CI , .? i Y‘FI I . I .-. SK. It i I ‘1 1* I 1 1 -L . --I =E 75 _-_---- . l-------n I - III~AOP -I . -n----l I n --*+ i wwm Planning Commission Minutes August I,2001 Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: PLANNING COMMISSION 6:00 P.M. August 1,200l COUNCIL CHAMBERS Page 1 EXkmrr 4 CALL TO ORDER Planning Commission Chairperson Segall called the Regular Meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Commissioner Nielsen. ROLL CALL Present: Chairperson Segall, Commissioners Compas, Heineman, Nielsen, Trigas Absent: Commissioners L’Heureux and Baker Staff Present: Gary Wayne, Planning Director Jane Mobaldi, City Attorney Bobbie Hoder, Senior Management Analyst Anne Hysong, Associate Planner Jeremy Riddle, Associate Engineer Mike Smith, Fire Marshall APPROVAL OF MINUTES None. Chairperson Segall directed everybody’s attention to the slide on the screen to review the procedures the Commission would be following for tonight’s public hearing. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA None. PUBLIC HEARINGS Chairperson Segall opened the public hearing and asked Assistant Planning Director, Gary Wayne, to introduce the first item. 1. SDP 00-16 - PIRINEOS POINTE - Request for approval of a Site Development Plan to allow a 16 unit townhome style apartment project including two affordable housing units located on Pirineos Way between La Costa Avenue and the La Costa Resort Golf Course in the RD-M Zone and Local Facilities Management Zone 6. Mr. Wayne announced that the only item on the Agenda tonight is a request for a Site Development Plan to develop a 16-unit apartment complex located in the La Costa area in Zone 6. He introduced the project planner, Anne Hysong, to present the item, assisted by the project engineer, Jeremy Riddle. He stated that the Planning Commission’s action on this is final unless appealed to the City Council. Chairperson Segall asked the applicant, Mr. Clubb, if he would like to proceed even though there are five Commissioners out of seven tonight? Mr. Clubb replied he would like to proceed. Planning Commission Minutes August I,2001 Page 2 Ms. Hysong announced there was an errata sheet correcting the projects ADT at all locations in the staff report and resolutions plus three pieces of correspondence from the public. She announced that she would be turning the presentation over to Jeremy Riddle after her presentation, and that the Fire Marshall, Mike Smith, is present to answer any questions at the end of the presentation. She stated that the project consists of a request for approval of the 16-unit apartment project located on the north side of Pirineos Way between La Costa Avenue and the La Costa Resort Golf Course. She showed an aerial view of the site showing that it is the only remaining vacant parcel on Pirineos Way. She stated that the vacant site is surrounded by multi-family development to the west which is developed at approximately 28.5 dwelling units per acre. She referred to the project which was developed to the east at 27.5 dwelling units per acre. She stated that the project to the south is also an existing multi-family development, with a density of approximately 45 dwelling units per acre. Ms. Hysong stated that the .88 acre infill site has been previously graded and receives its access from an existing cul-de-sac street, Pirineos Way. The site is designated by the General Plan for residential high density development, and its RD-M Zoning allows multi-family development. She stated that the project features 16-3 bedroom townhome style apartments that range in size from 1,880 square feet to 2,135 square feet and two of the three bedroom units are affordable. She stated that each unit is served by partially sub-terranian two-car garages. The project is three story, with the three-story element on the interior of the project. The project is two-story around on the perimeter of the site facing all adjacent sites and the street. She went on to say that each unit is served with private patios or balconies and the project provides common recreation amenities that include a recreation room, a pool and a spa. She stated that access to the site is provided by a single driveway from Pirineos Way and on-site parking is provided along that driveway. She stated that the project is subject to and consistent with the General Plan which allows 15 to 23 dwelling units per acre. The project density of 20.78 dwelling units per acre exceeds the Growth Control Point of 19 dwelling units per acre which requires findings. The Growth Management Growth Control Point for the net acre site of .77 acres would allow 14.6 dwelling units per acre while 16 units are being proposed. The project is 1.4 dwelling units above what the Growth Control Point would allow. Ms. Hysong stated that the project is consistent with the RDM Zoning and the development standards that are required for multi-family development requires specific setbacks which the project meets or exceeds and the project is below the maximum building height of 35 feet plus the coverage is also well below the 60% allowed in that it has 30.72% coverage. She stated that the project is also in compliance with the lnclusionary Housing Ordinance and provides the two Affordable units on site. She stated that integration of Affordable Housing into market rate units is a City Housing goal. Ms. Hysong stated that apartment projects over four units in Carlsbad require consistency with a Qualified Development Overlay Zone which is why they are processing a Site Development Plan. The findings required by the Qualified Overlay Zone can be made in that the project is similar in design and density with the surrounding development so that it is very compatible with the area and the site is adequate to accommodate the project. Landscape setbacks and amenities are provided and the street system is adequate. She stated that the necessary Growth Management findings can be made to exceed the Growth Control Point. The project is located in an existing neighborhood where adequate public facilities are already provided. She stated that the dwelling unit cap for the Southeast Quadrant would not be exceeded as a result of this project. Ms. Hysong turned the presentation over to Jeremy Riddle, the project engineer, to review the findings regarding the adequacy of the street system serving this project. Mr. Riddle stated that the Engineering staff reviewed the project as to how the existing street will serve the project and the additional traffic loads that would be resulting from the project. He stated that the street fronting the project, Pirineos Way, was constructed in 1971 at which time this area had not been annexed into the City, therefore the street was designed and approved under the County standards. He stated that it was constructed as a cul-de-sac street with a 36 foot wide paved street curb-to-curb. This allows for two-way traffic and parking on both sides of the street, sidewalks on both sides of the street and it has no horizontal or vertical curves, with a mild grade of .6% with a curb, gutter and inlets to convey storm water. 55 Planning Commission Minutes August 1,200l Page 3 He stated that at the intersection of Vieja Castilla there are no apparent visual obstructions to prevent safe traffic movements. Mr. Riddle stated that this community is not subjected to through-traffic but it is served by a traffic signal at La Costa Avenue. He stated that Pirineos Way, as it exists does not meet certain criteria of the current public road standards nor the proposed Livable Street Standards presented a few weeks ago, because the standards apply to new streets, not existing streets. He stated that Pirineos Way, regardless, still provides the basic services that a street is required to do such as two-way traffic, street parking, pedestrian sidewalks, curb, gutter etc. He stated that when they review infill development they generally consider the infra-structure ready to serve the project and generally do not make the developer upgrade the improvements to meet current standards unless there is substantial evidence of a public safety issue. Mr. Riddle stated that in order to verify that there was no public health and safety issue, they first visited the site and the surrounding streets and made no observations of any design flaws on the streets. He stated they also reviewed the accident records reported over the last seven years and reported that Pirineos Way had no reported accidents, Vieja Castilla Way had a total of four accidents and Navarra Drive had three accidents. He pointed that none of these accidents are indicative of street design failure. Mr. Riddle stated they additionally reviewed citizen and resident calls made over the last fourteen years of which Pirineos Way had a total of three calls, Vieja Castilla Way had five calls and Navarra Drive had a total of two calls; all were either street maintenance related or requesting a signal at La Costa Avenue which was recently installed. None were regarding matters of street failure. He stated that Pirineos Way currently handles 824 ADT and with the addition of this project it will handle 920 ADT. Carlsbad’s current standards allow up to 500 ADT on a cul-de-sac. This limit is not based on the street’s ability to serve the traffic, but rather limiting the number of units served by a single access point to provide adequate fire protection. Mr. Riddle stated that since this layout was not designed to City standards, the project has been conditioned to include fire sprinklers to allow for the additional protection. He stated in summary that Pirineos Way is operating safely with the current and existing ADT, and will with the proposed ADT as a result of the project, and that there is no evidence of unsafe conditions. He stated the west leg of Navarra Drive is an example which currently serves 180 units and others are serving more than 50 units or 500 ADT and none of these other cul-de-sacs have demonstrated evidence of failure. He stated that based on this information they believe that the project will not compromise the capacity of the existing streets. Chairperson Segall asked if Fire Marshal Smith would like to make comments as to fire safety and access in this cul-de-sac. Mr. Smith stated they have performed a normal review of this project for conformance with the building codes, fire codes etc. He stated that one of the items that did not come up in the review was the adequacy of the streets. He stated that although it does not meet the current street standards there is not a significant hazard presented by the three cul-de-sacs as the development as a whole is not subject to extraordinary hazard such as wildland fire hazards. Close proximity to a rail or freeway would have raised their concern, but this particular area is buffered on three sides by golf course and a very large street. Mr. Smith stated that they do not see that the addition of these units is going to create or terribly exacerbate the problem that might exist there. Commissioner Heineman asked if fire response would be successful on this street? The response from Chief Smith was “yes.” Commissioner Compas asked staff to comment on a letter dated July 17th from Bobbi Trout. Ms. Hysong stated that the Fire Marshal just answered item one and Mr. Riddle’s presentation answered concerns regarding traffic: 1)parking 2)carbon monoxide from excessive cars and trucks, RV’s 3)race track...going down Vieja Castilla (apparently speeding) 4)pollution from traffic; and the final item was devaluation of homes if apartments are built, by IO-30 percent. She stated that all the parking is being Planning Commission Minutes August 1,200l Page 4 proposed on-site; each unit with a two-car garage which is an amenity the applicant is proposing above the requirements; and guest parking in also on-site. She stated that the speeding on Vieja Castilla is a traffic enforcement issue. Mr. Riddle stated that Vieja Castilla is posted with a 25 mph speed limit, but it is serving as a collector street which normally would be posted with a 30 mph speed limit. This was one of the requests made in the past. The City Traffic Department did go out and reduce the speed. He stated that this is an issue resulting from inheriting the street from the County, as it is built to a 14.5% grade and today’s standards do not exceed more than 12%, therefore the City would not have the developer fix anything like that. Ms. Hysong stated regarding the carbon monoxide and air pollution issue that the project is consistent with the General Plan and this issue is not considered to be a significant impact. She stated that through her research via the GIS Department, over a third of the surrounding condominium units are not owner occupied, i.e., rental units do exist in the area. Commissioner Trigas asked if the current standards do not fit what the conditions are that the current owners are not required to remedy. Is it the streets or parking etc? Mr. Riddle agreed it would not be imposed on the developer but the City would need to do that if it was seen that there was a site visibility, water capacity issue, etc. Chairperson Segall referred to the issue raised regarding this as being above the Growth Control Point and asked for comment from the staff. Ms. Hysong stated that under the Growth Management Ordinance the City adopted dwelling unit caps in each quadrant of the City, and to avoid exceeding those caps, the density of each project is not supposed to exceed a mid-point of every General Plan Density Range, called a Growth Control Point. She stated that in the RH high density designated area where the project is located, the growth control point is 19 dwelling units per acre. She stated that the General Plan allows some exceptions if in fact they can make certain findings. She repeated the two findings mentioned in her presentation: 1) the infrastructure, utilities etc. are adequate to serve this project; and 2) the dwelling unit cap will not be exceeded with this project. Chairperson Segall stated he had a letter from Steve Relth, agent for Nothan Partners which stated that some of the properties in the neighborhood have densities that far exceed the Growth Control Point and asked staff to comment. Ms. Hysong agreed and stated these projects were developed several years ago when densities were much higher for the County as well as the City. She stated the project to the west, Flave La Costa, is about 28.5 dwelling units per acre, to the east the project is about 27.5 dwelling units per acre, and then the one across the street is almost 45 dwelling units per acre. She pointed out that the current standard of 19 dwelling units per acre is obviously exceeded by the surrounding development. Chairperson Segall gave the floor to Mr. Clubb, the applicant. Mr. Clubb stated that he founded the limited liability company known as Pirineos and he has been in this area for 50 years. He shared some of his background and introduced the project architect. Mr. Ocheltree, Solana Beach, described how they reached the design based on the neighborhood and aesthetics of the project. He stated that the project site faces Pirineos Way with a visual focal point being a recreational area and landscape buffer. He stated that there are no garage doors facing the street, it has townhome style units, and there is a landscape buffer around the entire project. Chairperson Segall asked the distance in the driveway, and if it is within the City standards? Mr. Ocheltree stated it is within the City standards. Planning Commission Minutes August 1,200l Page 5 Mr. Clubb stated that his project is 24 to 46% less dense than his neighbors. He pointed out that there would be less units than it was originally designed for. He stated that for over a year he has made every effort to follow the rules and follow staffs recommendations. He pointed out that though he had the option to pay into a fund for lnclusionary Housing he chose to go with the onsite mediation for the lnclusionary Housing Requirements as the City had need of this. Commissioner Compas asked what the rental price would be and if approved when would they start building? Mr. Clubb stated it was $2,150 per month for the market rate units and the two lnclusionary Units are approximately $1 ,100, which varies with the formula. He stated that they are ready to begin building as the grading plan is in process so they would start as soon as possible. Commissioner Nielsen asked if the applicant tried to meet with the neighbors as requested. Mr. Clubb stated he called Tracy to offer to meet and they declined, though he had an opportunity to talk to some of them. Commissioner Trigas asked if his units were 2,100 sq ft and is it compatible to the neighbors regarding their condo units? She asked if the market rate is about $2,1 OO? Mr. Clubb stated that the net rentable living space is 1,591 sq ft for the market rate units and 1,380 sq ft and 1,365 sq ft for the two lnclusionary Housing units. He thought his units were quite a bit larger than his neighbor’s condos as he is building three bedroom units because there is a huge demand and they are rare. He pointed out that Mira Belle at Aviara has three bedroom, two bath units at that project, which are approximately 1,350 sq ft and rent from $2,200 to $2,800 per month. Chairperson Segall asked at $2,100 what would the income be for a family to be able to pay that amount? He pointed out that there is going to be a lot of construction and people could conceivably be boxed in because there is one-way in/one-way out. He asked how the applicant planned to mitigate construction traffic issues so that people in the area would be able to get around and not have trucks in the street or problems with access? He also asked how long do they expect construction to take? Mr. Clubb replied it was his understanding that the income to pay $2,100 rent is about $80,000. He stated that he would try to encourage all of the workmen on the job to carpool as much as is possible and feasible and to have them spread out and park down the street to lessen the impact. He stated that there will be some onsite spots for parking during construction. He also stated that they would put up barricades etc. to direct traffic when they move equipment in and out etc. He stated that it is only 26,000 sq feet of building so the construction people would park on the site. He stated that construction should take about seven months. Mr. Clubb introduced his attorney. Wiley Jones, Attorney, 1933 Valley Road, Oceanside, CA 92056 indicated he had been a resident of Carlsbad for ten years. He stated he represents the applicant. He stated that this property is zoned for multi-residential use which is the intended use by the developer. He pointed out, as the letter filed with the staff, that a third of the adjoining condominiums are rented out. He pointed out the parking additions, rules and regulations and their goals for this project to be high quality. He mentioned the Negative Declaration which was issued on June 1, 2001 which puts to rest the issues of parking and traffic and stated there is no safety issue as the staff report has shown. He stated since they have complied with all the rules and regulations that the project should be approved as submitted. Mr. Jones compared the density issues and pointed out that this project gives more of an open space and less of a visual impact on its neighbors. He agreed with staffs findings that the street does not have a negative impact and is adequate for the proposed development of 16 units on this particular property. Chairperson Segal opened public testimony. Bunny Kacher, Apartment # 216, 2607 Pirineos Way, Carlsbad, CA 92009. Ms. Kacher stated she would not share some of what she planned as it has already been established by the Growth Management etc. She stated that Mr. Ocheltree said there would be no driveway coming on to Pirineos Way and now it is Planning Commission Minutes August I,2001 Page 6 an error as there are already four exits onto this small cul-de-sac with almost 300 cars coming out of there and now there is going to be another one. She stated that those who are here came because they are concerned about livable streets. She said that Mr. Clubb did call after the people had already met last week and they decided it would be more responsible to wait to come to this meeting and speak. She stated that the Public Review, which is placed in the North County Times in the legal column, was not enough. She stated she got her notice on July 8th for a Hearing for July 18th and they did not have enough time to get together, etc. She stated that she and her husband went to Ms. Hysong and Mr. Riddle at the Planning Department and they did not have the knowledge of how many condos, cars and families were already in that community. She stated she called the Fire Marshall and he stated there is nothing to be concerned about. If we had a fire or anything like that people could walk out of their homes, walk up a hill and if they had wheelchairs someone would just help them out. She also had a similar talk with the Fire Chief. Lettie Flower, 25798 Navarra Drive, Carlsbad, CA 92009 stated that there is onsite management for the surrounding condos that are rentals and that they would like to see ownership, lower density, onsite superintendent or management for noise etc. She stated they would like to see a stop sign at the corner of Pirineos Way and Vieja Castilla Way as there have been near misses, and more guest parking rather than just seven spaces. Robert Bianchi, Unit #214, 2607 Pirineos Way, Carlsbad. He showed an overview of the area of a scale of 8.5 inches to l/10 of a mile and stated that from cul-de-sac to cul-de-sac is three-tenths of a mile total length and Pirineos Way is one-tenth of a mile out to the outlet. Vieja Castilla Way is 1 3/4 tenths of a mile. He stated that there are currently 486 units in the area, which would project to 3,000 ADT presently from this area and for 16 units it comes to 96 ADT. He pointed out where the concern is for fire hazards on the cul-de-sac. He shared his statistics and concerns for the neighborhood to be safe. Norman Dolnick, 2607 Pirineos Way, Carlsbad stated he was concerned that Fire Marshal Smith viewed the safety under normal conditions, but a fire is not a normal condition. He spoke of his previous fire experience there and of the traffic jam. He stated he has a three bedroom, which is 1,900 sq ft. He stated he had no opportunity to respond to the Environmental Review as he did not get the message and he felt they would have a lot to say about the environmental impact. He stated Mr. Clubb will exceed the variance and the area is already high density, and he will just add to the high density. He was concerned that staff did not know how many people lived there. He felt better use could be made of the land without adding to the overcrowding and traffic problems. Eric Carstensen, Unit #212, 2564 Navarra Drive, Carlsbad. He stated he is for development in areas like his but he is not for putting in two more units in this area as it is busy already. He stated he is president of his homeowners association and involved for 13 years. His units are one bedroom and they have two to five people living in them. He compared it to the new apartments proposed with a potential for six cars each plus all the business traffic, cable trucks, phone trucks, moving vans, water trucks etc. He agreed that the fire was very scary. He said there are two other plots left to be developed in the area. He pointed out that he cannot surf in the winter for several days after it rains because of the runoff. He stated he is for the project but wanted to apply some sanity to it. Brett Weir, Unit #lo, 2630 Pirineos Way, Carlsbad. Mr. Weir expressed that the proposed project would be overbuilding on these lots as 48 bedrooms on .77 acres of usable space is overkill. He stated there are no improved local streets in the immediate area and LaCosta and El Camino Real are speedways and there are sewage and storm drain problems. He would approve a project that was 12 two-bedroom units, owner-owned condos but no apartment buildings in the area. He felt it was not conducive to compare it to Aviara as Aviara is ten miles away from the subject site. Joann L. Hunt, 2567-A Navarra Drive, Carlsbad, CA 92009, expressed her opposition to the project because of the magnitude and stated that in an emergency fire hazard there is no way to escape. Takashi Kakazu, Unit 325, 2639 Pirineos Way. He shared that this was his first opportunity to speak in public since his move from Japan. He shared his concern that there is no way out other than back the way you come from and you cannot evacuate in an emergency. He stated his main concern was for safety 59 Planning Commission Minutes August 1,200l Page 7 issues and that he has lived there for five years. He stated the golf course was on both the left and right of the complexes. Deborah Savicky, Unit 304, 2607 Pirineos Way, Carlsbad, CA 92009. She expressed that she has been there since 1983 and has seen a lot of changes etc. She pointed out that though the buildings and streets were done under the County, they do not meet the City’s standards today. She stated 27 years ago the City created a problem in having tandem parking spaces and they are living with that problem today. She stated there is a street full of cars and more are proposed. She stated they need less density, not more and where are they going to park with three bedrooms with the possibility of six cars for each apartment. She suggested that this land be a green space for an open area for the kids to play. She suggested that it be developed like the eight unit for $550,000 each being developed on Navarra Drive. Art East, Unit 105, 2607 Pirineos Way, Carlsbad, CA 92009, stated he was concerned that the owner could control the renters once the complex is completed. His main concern was the elderly people who needed to live on one floor or have elevators. He shared that his wife cannot walk up stairs and they like familiarity and more renters will just additionally take the mix away of knowing the neighbors. He stated that the elderly want to have family, non-transitory, one story condos, with ownership people rather than stealing, drunkenness, yelling and noise. He pointed out that the three-bedroom apartments are no larger than the two-bedroom condos. He suggested that his idea for the elderly community should be considered. Tracy Wallace 2630 Pirineos Way, Carlsbad, CA, shared that the homeowners are looking for less density and that this is the owner’s property and he should be able to develop it. She stated they do not want to increase the density on dead-end streets and that the 16 apartment rentals is not consistent with the surrounding uses. She expressed her disagreement of the devaluation of their condos as a result of the apartment complex being built in their area. She stated that they do not have a place for the children to play, though they do not have a lot of children in that area, but they are playing on a very, very steep street and you have to watch out for elderly people, golfers, children and pets. She stated that the proposed setbacks needs to be addressed. She pointed out that she did not know how an EIR that was negative could have been approved and that as far as she knew no one in her community saw this. She wanted to know if the new complex would be built at $200 per sq ft as the other homes currently being done which creates a nice pride of ownership they currently have in that area. RECESS Chairperson Segall called a Recess at 7:40 p.m. MEETING CALLED TO ORDER Chairperson Segall called the Meeting back to order at 7:49 p.m. with five Commissioners present, Commissioners L’Heureux and Baker absent. CONTINUED PUBLIC HEARING Chairperson Segall continued with the public testimony. Wendy Borisoff, 7512 Vieja Castilla Way, Flave LaCosta, owner-owned condominiums, Carlsbad, CA. She presented a picture study and petitions from the homeowners against the apartment density issue, not the building of, but the number of units. She shared statistics concerning the probable amount of people and vehicles connected with the apartment complex and asked why has not a sun shade study been done as their triangle windows on the tops of their buildings will be blocked, no air circulation and no natural light coming in. She went over the statistics for her complex regarding vehicles etc. She also shared her experience with the Harmony Grove Fire. She stated she would like to see 10 or less units near the price of the one being done in that area at $508,000 each. Linn Larsen, Unit 208, 2607 Pirineos Way, Carlsbad, CA. He mainly did not like the pool being out by the street, which would just add to the noise and create a lot of noise just across the street. He stated that he just reiterates what has already been said. Planning Commission Minutes August I,2001 Page 8 Ruth Solorio, 2563 Navarra Dr., Cartsbad, CA. She asked how many of the Planning Commission have actually driven into her area? She shared that in the 70s this area was built up to have homes on the golf course, where many used them as vacation homes, and now there are nearly 500 units in a very small area. She was concerned that there were more police reports put into this information from the City because these owners have personally experienced violations of breaking in, noise, suspicious behavior, where eventually it became known to be drug related. She shared that there have been trucks blocking her way to get on to the next street. She shared her concern of an emergency evacuation during the construction. She felt this was in violation of the Growth Management Plan and was hoping the Commission would use their power to change this situation. She stated that she also got over 100 signatures on petitions against this project. Cathy Muller, 2607 Pirineos Way, Carlsbad, CA 92009. She pointed out that Growth Management policy came about as a result of over growth. She did not understand how, if 14 units were allowed, they can now have 16 units. She felt they need a more affordable unit and lo-12 units would be ok but she did not want a pool. She was concerned about the tenants being allowed to park on the streets. She shared information about her experience of buying and stated that the City should look at the statistics. Jess Marinez, 2563-B Navarra Dr., Carlsbad, CA 92009, stated he has been there since ‘84. He stated that there were apartments in Sabrina Greens and that a Commission made a decision to allow those to be condominiums based on the market and timing. He stated that owners take better care and shared concern about fire, exits and safety, and the parking on the streets. He stated that there are no open spaces as the golf course is private. Christine Sherer, 2607 Pirineos Way, Carlsbad, CA 92009. She stated her concern was parking and shared the statistics and that she did not like the City’s notice as she felt it deceptive regarding homestyle. Kimberly Klos, 2564 Navarra Drive, Carlsbad, CA 92009. She stated that she bought a year ago and came from a renters culture and that owners care and renters do not, and that this is a small neighborhood. She shared that there is a high turnover rate with renters and traffic problems. She hoped that they would have homeowners instead. Peter Rimmer, Unit 6, 2630 Pirineos Way, Orleans East Complex, Carlsbad. He shared his concern about density and safety issues. He pointed out the new shopping centers, homes and other projects being built in that general area. He stated that this is going to create a huge traffic nightmare. Bobbi Trout, 7512 Vieja Castilla #18, Carlsbad, CA, stated she has been there 25 years. She stated that there needs to be less than 12 units and that moving vans will create a traffic jam as there is no room for friends to park and visit. She stated that less is better and that the City should allow only one building to a lot. Monique Ricardo, Unit 12, 7512 Vieja Castilla, Carlsbad, CA. She shared that she is a runner and has therefore experienced the lack of safety trying to get across streets in the area because of the already dense traffic problems. Joe Collins, Unit 116, 2564 Navarra Drive, Carlsbad. He stated that there are no facilities for children as the project is either going to have families with children or shared living, which will bring even more traffic to the situation. Lee Starr, 2630 Pirineos Way, Carlsbad. She has lived here for 14 years and was a teacher. She shared concern about the density study and the low income housing need, and the directions it is going and that apartment complex is not a money maker for in five years they will most likely request it to be changed to condos. She also shared her concern about the safety in the driving conditions. Jerry Blandford, 2607 Pirineos Way, Carlsbad. He stated they live in Carlsbad because of the motto, “Village by the Sea”, how people take pride in ownership, taking care of their places. He stated that he does not want to live next to an apartment, and homes will be devalued. He stated that he is a landlord also. Planning Commission Minutes August 1,200l Page 9 Alice Tillson, 2506 Navarro Drive, Carlsbad. She stated that she used one of these condos 20 years ago as a vacation home, which is why they were previously built. She gave some statistics of the density of the area. She stated that a year ago 17 people lived upstairs and now there are 26 autos that belong to those units plus two motorcycles and each unit has only one garage, which now there are 29.5 people there etc. She shared that she has seen SWAT teams and renters with guns drawn and with three part- time people working on-site it was difficult, and there has been a lot more police activity down there. Chairperson Segall seeing no one else wishing to speak closed public testimony. Mr. Clubb explained the procedures of the Growth Control Point and that it could have gone one way or the other and that staff made their findings accordingly. He stated that he opened escrow on this land July 8, 2000 and he first went to the City and found out what the zoning, density and rules were and stated he has as a land owner, a right to rely on the Zoning Ordinance which allows him to rely on the findings. He pointed out that his lot is relatively flat and does have a slope which causes the density to be calculated on .77 acres. He stated he paid a price for this land based on the Zoning Ordinance, and that after a year it would be a hardship if it reduces the number of units he might expect to build. He explained his need to have the project approved as designed. Mr. Clubb asked to read the letter from Robert Pinnegar and stated that he had contacted Mr. Pinnegar for information regarding apartment living in San Diego County, to try to answer some of the people’s questions regarding apartment dwellers. He read the following: “Addressed to Chairman Segall, On behalf of the San Diego County Apartment Association’s nearly 3,000 members who own or manage rental property throughout San Diego County, I am writing that you ask to consider the need for rental housing in Carlsbad and the benefits of rental housing to your community. According to the San Diego Association of Governments, our region will grow by one million people over the next 20 years. The best-case projections forecast that we will also experience a deficit of 100,000 housing units over the same period. This housing deficit is not an issue to deal with in our distant future, it is with us every day. For example, it is estimated that we added 44,200 new jobs to our economy during 2000, but we fell another 6,340 housing units short of our need during the same period. In Carlsbad alone, the vacancy rate for rental housing is just under one percent that is half of the vacancy rate for the entire region. If we are to maintain our quality of life and keep our economy strong, we must look at innovative approaches to residential land uses such as multi-family rental housing. With nearly 50 percent of the residents in our region renting their homes, rental housing is a strategy that works. Residents of rental housing are contributing members to our society, and are no different than that of single-family homeowners. People who choose to rent are just as likely to be involved in their neighborhoods, they attend church, identify with their town and neighbors, participate in the political process by voting and enjoy close social relationships with their neighbors. In addition to all of this, you will have the added assurance of having an on-site supervisor in this rental community (as required by State law). Rental housing is the solution to our housing crunch. On behalf of the San Diego County Apartment Association, I would urge you to take these factors into consideration when reviewing this and other multi-family rental projects. Signed, Robert Pinnegar, Director of Public Affairs.” Mr. Clubb continued that he has been doing some studying that rental is needed and not just ownership, that they are profitable and fill a need, no mortgage or down payment, shorter rental stays. He shared that there may be one to two year leases as some are building and need a place until then. He stated that meeting with owners was not required, but it was suggested and he did attempt to do that. He pointed out, regarding parking, that they were going to require people to park in their garages and not on the streets, as part of the rental agreement. He stated that moving vans would actually be able to pull directly onto the site where there would be enough room for turn around and on-load and off-load. Mr. Clubb stated that ownership should be kept strictly up to the owner/developer of the property. He stated that he could continue to own the property and still rent it out. He stated that the issue of devaluation is totally irrelevant and that the City government would not have an issue with that, other than the permits etc. He shared how property is analyzed to come up with the value of the properties. He explained about exceeding the density and some statistics regarding this issue and the old zoning codes Planning Commission Minutes August I,2001 Page 10 compared to the new zoning codes. He pointed out that if there are changes to be made in this community then it should be done in the proper manner and procedure, but not using his property to do so. Mr. Clubb pointed out that his project increases the number of units by 12% on just one street and 3% overall in the community, which is not a significant impact for this project. He stated that they are willing to meet all the requirements and conditions which the City has put forth. Chairperson Segall asked if Mr. Clubb was in agreement with the errata sheet, which is a minor issue on ADT? Mr. Clubb agreed with the errata sheet. Commissioner Compas asked if Mr. Clubb decided, when looking at this piece of property, that apartments would make him more profit than condos? Mr. Clubb did not believe that was his primary motivation. He stated that there is a tremendous demand for three-bedroom apartments and he also did not want to take on the liability of condominium development. Commissioner Compas asked if he thought his apartment complex would not make the condominiums in the area go down in value? He asked if Mr. Clubb was planning to own these apartments for a long time? Mr. Clubb stated that the value of the condominiums would not be affected because of his apartments and qualified that if the apartment complex turned into a Section 8 ghetto then that might have some impact. He stated that initially he was planning on owning the apartments for up to ten years, but it is possible they might sell it within two or three years, but by then the complex will be well established and professionally managed. Mr. Compas pointed out that many were concerned that these are three-bedroom units, therefore causing possibly a lot more people and vehicles. He asked if Mr. Clubb thinks these people have a legitimate concern regarding this where it would be possible to even get more than one family in an apartment etc. Mr. Clubb stated he followed the rules regarding number of units and parking and there is no restriction on how many bedrooms that can be built. He stated that as owner he would put management instructions in place saying that these apartments are not intended for multi-family on a per-unit basis. He pointed out that three-bedroom units are typically used by a couple with one child or a couple that uses one of the bedrooms as a home office or both. He stated that they were going to make sure they handle the parking in an appropriate manner. Mr. Compas asked if Mr. Clubb might rent his apartments for less than a year? He asked if the on-site person living there will monitor everything, and then what will be done if a family moves in and then they have a relative with another car come live with them? Mr. Clubb stated they were going to typically push for one-year leases with six month extension options etc. He stated the on-site person is required by law to live on the premises. He also stated that a guest could stay for about 30 days or so and then have to be registered with the office etc. if it becomes a permanent situation. Commissioner Trigas, regarding the construction process which may take about seven months, asked if most vehicles would be on-site and how would they work with the neighborhood area? She asked if they would have to go to the City to request permission to work on a Saturday? Mr. Clubb replied that they would possibly go from 7:30 a.m. to 500 p.m. on a five-day workweek, and sometimes if conditions require, on Saturday. Ms. Hysong stated that they could work from 7:00 a.m. or 7:30 a.m. to sunset but on Saturdays would have to get special permission, plus regarding traffic, they would have to get an approved traffic control plan which explains how they can construct their project without obstructing traffic. 63 Planning Commission Minutes August I,2001 Page 11 Commissioner Trigas suggested working with the neighbors, and operating certain times of the day when there would be a lot more traffic on the road. She asked how he would phase the actual building of this project step by step of each unit? She asked if they would be building the units all at the same time? Commissioner Trigas asked how the neighbors could be assured that this seven month process would not be a torture for them with all the traffic and dirt etc.? Mr. Clubb explained that starting at 7:00 a.m. and leaving at 4:00 p.m., the construction traffic would be cleared out of the area. He stated that they would start in the back and work clockwise, using the last area as the initial staging area and eventually limiting the staging area where the pool will be located. He stated about 2-3 months into the process the garages would be available for parking during construction. He shared that they would keep the water in the soil so there is no dust and keep the noise level during reasonable hours. Chairperson Segall asked Mr. Clubb to point out where the on-site manager would be located and which apartments would be the affordable units? Mr. Clubb pointed out the affordable units and presumed the manager would be put in one of the affordable units. Chairperson Segall asked if the Commission decided to keep the project at the Growth Management Point and not the two units above, would you move forward with the project and if so which units would you have to loose? Mr. Clubb stated that at this point he is not willing to go there for it would be a major redesign to lose two units; he would not be able to make economic sense out of it. He stated he has two affordable units and it takes the other 14 units to subsidize the two low-income units to make any sense out of it and if you cut two units out, the Affordable Units become non-economically feasible which is the whole problem with lnclusionary Housing. It never seems to be economically feasible. He stated that he thought he pulled off a minor miracle making this work. He stated that he is asking this board to approve it as is. In response to public testimony, Ms. Hysong stated that regarding density exceeding the Growth Control Point and whether the findings could be made to require condominium units, this is a high density area where there is no City policy, goal, objective or Ordinance that would require ownership of any multi- family unit. She stated that the Housing Ordinance has a policy that calls for diversity of housing which is not just ownership units in the City; there will be ownership units as well as rental units. She stated, regarding findings exceeding density for this project, that after going through the Zoning Regulations the decisions they made that would allow the project to exceed density was based on the fact that the project did meet all the development standards, is under the coverage allowance, is very compatible with the neighborhood both density-wise and architectural design, and with 16 dwelling units an acre it appears to be very compatible and consistent with the area. Ms. Hysong stated, regarding the Public Noticing for the project itself, not the Negative Declaration, that City Ordinance requires the City to post a ten day public notice and send the notice by mail to everyone within a 600 foot radius. The notice for that ten day period is so that the public has the opportunity to be informed of the hearing and then they have the opportunity to come here and speak as these people have all done. She stated, regarding the Negative Declaration, that two points were made-l) they did not have the opportunity to review the Negative Declaration and 2) the impacts were significant. She stated that again, the City Ordinance requires that the City notice the Negative Declaration in the newspaper and have a 20 day public review period for projects in this area, which was done, consistent with the City’s Ordinance. Ms. Mobaldi added that the City Ordinance is consistent with the Government Code and the Public Resources Code which set forth the noticing requirements for the California Environmental Quality Act and for Public Hearings on Land Use issues. 651 Planning Commission Minutes August I,2001 Page 12 Ms. Hysong stated, regarding the Negative Declaration that was issued, that projects with environmental impacts are reviewed against thresholds developed for a variety of different potential environmental impacts. She stated that this project is a 16-unit apartment project that is being proposed in an in-fill area, and staff did not identify any significant Environmental Impacts based on their review or comparison of the project impacts against those thresholds. Staff determined that there were no significant impacts and a Negative Declaration was issued. She stated, regarding some of the construction management issues, that there are City Codes requiring special traffic control plans and construction restrictions that Mr. Clubb will have to adhere to and he will complete that process during his grading and building plan reviews prior to the issuance of his building permit. She stated that there will be Engineering and Building Inspectors at the site so when there are problems for the neighbors during the construction process the inspectors can address their concerns. The construction impacts with regard to the Environmental Review are considered temporary and therefore not significant. Ms. Hysong stated, regarding not enough parking on the street, that it sounds like that is an existing problem as a result of previous projects that were developed under some very old standards. She stated that Mr. Clubb’s project is required to adhere to today’s standards which requires that each unit have two parking spaces and he is proposing two garages per unit. Additionally he is providing the onsite visitor/guest parking. She stated that some of the other projects may not have that guest parking on site. She stated, regarding the ownership vs. renter issue, that the City has no policy requiring that a multi- family project be ownership. She stated that testimony regarding the apartment units not being compatible with the surrounding area was mostly because they were apartments, which she referred back to the ownership vs. renter issue. Ms. Hysong stated, regarding the setbacks, that the project is in the RD-M Zone which requires minimal setbacks. She stated that along the side property line, the minimum setback is five feet and there are locations at that distance plus others where it widens out to a greater setback. She stated that along the front of the project the RD-M Zone requires a ten-foot landscaped setback if garages are not facing the street. Ms. Hysong stated that Mr. Clubb has provided a ten-foot landscaped setback, however the building setback is actually quite a lot greater than that due to the recreation area that sets in front. The recreation room is one story, reducing the building mass along the street, and creates more of an open feel. Ms. Hysong stated, regarding the sun shade study for air circulation between the Flave LaCosta project and Pirineos Point, that there is actually a 15 foot separation between buildings and at that location Pirineos Point would be a two-story building (in the rear of the site), and not a three-story building. A 15 foot building separation is considered adequate. She stated, regarding the miscalculation of the Affordable Housing requirement, that the City’s Housing Ordinance recently revised the way the City calculated the requirement. In this case Mr. Clubb’s requirement was 2.4 Affordable Units and if it is less than .5 it is rounded down. The theory being that all those that are over .5 would round up, so in the end the City ends up with the same number of Affordable Units. Ms. Hysong stated, regarding the Notice with respect to the townhome style apartments, that she described the project that way because she thought it would give people a better picture of what the project would look like. She stated that normally with a townhome style apartment, you envision the garage at the lower level with a living space above that, so it was not intended to be deceiving, but an attempt to describe the type of apartment project it was. She stated, regarding the density allowed on the site to be 12 units, that in fact staff has been through the calculation and it is based on the Growth Control Point of 14.6 units which will be allowed on the site. She stated, regarding the number of bedrooms, that whether the number of bedrooms generates more cars is not considered in the City’s standard. The standard requires two parking spaces per unit for two and three-bedroom units. It is not a standard the City has increased even with the very recent PD requirements for condominiums. Ms. Hysong stated that condominiums and apartments have similar Planning Commission Minutes August 1,200l Page 13 parking requirements except apartments are not generally required to have covered parking as in garages. Ms. Hysong stated, regarding the kids having no recreation facilities, that she is not totally familiar with all the other condominium and apartment projects, however this project is providing recreation facilities on- site, including a swimming facility, spa and recreation room. She stated, regarding the statistics staff quoted tonight about the accident and police reports, that they were only looking at traffic issues, they were not looking at crime issues. She further stated, regarding no parks in the area, that the South East Quadrant is, according to the Growth Management Plan, currently adequate with respect to the numbers of parks that are provided and as the southeast area grows then the City will be constructing new parks to satisfy that demand. There is no current requirement to build a park in this particular area. Mr. Riddle stated, regarding the number of driveways that currently exist on Pirineos Way, and there should be no more driveways added, that this particular lot as it exists right now is a legal defined lot and the City has to permit access onto Pirineos Way unless they had legal access through someone else’s property. He stated that the builder is limiting the driveway cutout to just one single access though there are similar situations where areas like this often have two access points. He stated, regarding construction activity and parking and how it relates to the workers, that one of the ideas that are typically brought up during preconstruction meetings between the construction personnel and our City Inspectors is that a sign would an appropriate action especially with the community involvement and the community concerns of traffic, dust etc. The community would actually be able to contact Mr. Clubb or the superintendent on-site to express themselves and have some immediate actions take place. Mr. Riddle stated, regarding the community as a whole that it is isolated and is projected to handle and about 3,000 ADT on Vieja Castilla; that it is within the thresholds of a collector street which can handle up to 10,000 ADT in theory, so it does not exceed the range. He stated, regarding the storm water quality and the beaches being clean, that in February 2001 the City had some changes adopted by the State of California at which time the City required Mr. Clubb to incorporate some modifications into his project that included addressing the heavy metals from the parked cars on the parking areas and addressing storm water runoff quantity. He stated that the engineers have shown on their design plans in the exhibits they will be incorporating some underground vaults that will be capturing and shaving off the peek storm runoffs from the project that actually make it in compliance with the new regulations. Mr. Riddle stated, regarding existing sewer and storm drain problems, that this particular project is served by Leucadia County Water District, not by the City of Carlsbad, and the City has not had any comments from them that they have had problems or that they could not serve this project with respect to sewer. He stated that he did not know of any specific instances that were brought up to address on the storm drain problems. He stated, regarding the steep drive on Vieja Castilla as a safety concern, that that particular street does exceed the City’s current standards as well by a few percentages but it has been addressed as well by the installation of the 25 mph speed limit signs. He pointed out that he did not see any collision reports from police officers that actually indicated design failures of the street but those reported were alcohol related and improper turns. Mr. Riddle stated, regarding the golf cart crossing, that this is an existing condition that stands there today as well, and he said he does not have any evidence that states that it is a current safety hazard for it is signed and striped for the crossing and there has been no historical evidence over the last seven years that show that this is an existing safety hazard. Planning Commission Minutes August 1,200l Page 14 He stated, regarding the illegal parking on the streets, that this project does not have impact to illegal parking so it is an enforcement issue that needs to be brought up with the City’s Police Department, which is currently being done. Mr. Smith stated there were two issues brought up: 1) the ability of the residents to get out of the area during a major event similar to the Harmony Grove Fire and 2) the ability of fire resources to get in to the project to serve. He also agreed with their expressions regarding the Harmony Grove Fire experience that it was a very frightening evening. He pointed out the following safety information: that the Harmony Grove Fire was the worst fire that the City of Carlsbad has ever experienced but it was not the only time that fire has occurred. In 1970 it occurred, however there were no homes in the way. He stated that it will happen again with a buildup of 25 years of brush, but the vulnerability of the City will be much reduced because the City will have no more shake-shingle roofs, which caused the loss of 49 of those 54 homes. That is why the fire was so devastating. Mr. Smith stated that the project area, like many other areas near there, survived though they got a lot of smoke, irritation, fright, concern and trying to evacuate which happens time and time again, though it may not be necessary. They are not blamed for wanting to leave. He stated that emergency evacuation is for one purpose only which is to save lives, not to save buildings or contents, but lives. He stated that most people want to drive their vehicles because it is easy to do and a good idea because you are less a victim if you are in your car, for you can move about and take care of yourself. But to save your life you do not need the vehicle. He shared in 1991, the Oakland Hills fire, there were 3,000 homes burned and he cannot recall how many died. He stated that most of the residents tried to evacuate in their vehicles and after the fire was put out, hundreds of vehicles were abandoned in the middle of the roadway because they could not move. They got out of their cars and they walked to safety, so it can be done. Mr. Smith stated that it is not convenient and it creates a tremendous amount of frustration, but he believes that in this particular area no one’s life is in danger to a wildfire. He stated that a wildfire is the only natural hazard in that area other than an earthquake that could occur which could threaten anyone in that area. He stated that the City’s Emergency Plan has done a Hazard Analysis of the City and they are working on a Hazard Mitigation Plan, and in that area, it is relatively safe as neighborhoods go. He stated that there is an aerial view of this neighborhood in one of the Planning Conference Rooms which he was looking at which shows a lot of pink, which means tile roofs, and within ten years, if there are shake roofs in that area, they will be no more. He stated, regarding the Fire Department’s ability to serve, it needs to be separated from the streets being blocked by a tremendous amount of traffic due to emergency evacuation as it is unlikely that both would occur at the same time. He stated that if there is a fire in one of the condominium buildings there is no need for a mass rush to evacuate. He stated the City does not like 36 foot cul-de-sacs and they are going to try to fix that. Commissioner Trigas asked if the golf course affords them an extra benefit as far as evacuation or safety? She asked if this additional 16 units in any way makes it worse or impacts the existing condition any differently than the way it is now? Mr. Smith replied that as far as safety, it is a wonderful barrier to any kind of. a wildfire, which this particular area is not vulnerable to, but the Box Canyon is. He said it is not to say we are not going to have emergencies there. He said he is not sure if they can exit their buildings to the golf course via stairs or steps. He said the 3% increase is not a significant increase regarding providing fire protection. Commissioner Compas asked if there are existing family apartment projects there or not, as it states in Resolution 5008 on page two? Ms. Hysong stated she believed there are apartment projects on Navarra Drive. In looking at the Assessor’s books where they identify condominiums, it appeared at least that there were lots that were 67 Planning Commission Minutes August I,2001 Page 15 developed that did not have condominium units on them. She stated that the finding could basically be changed to say “surrounded by multi-family units” and still have the same meaning with respect to the compatibility finding. Mr. Wayne stated that Ms. Hysong went out and did research, and the facts that she looked at indicated to her that she thought that there were apartments out there. He stated that if the public is saying there are not apartments, then the facts were not right in our Assessor books either, so we are only recording the facts here and trying to report them to the Commission. Ms. Hysong stated that Mr. Clubb has pointed out that on Gibralter Street, which is the next development over, that there are apartment projects on that street - so in the general area there are apartments. Commissioner Compas asked if the comments and concerns of the public tonight would cause staff to have any doubts or concerns about what they are recommending? He also asked what, if after the project is developed, the concerns become valid? Ms. Hysong stated that there is nothing in any City Policy, Ordinance, or Regulation that dictates that these units in the Residential High Density General Plan designation area be ownership units. She stated that the apartment units, because they are basically developed with the same amenities as a condominium project, are very compatible with the area though they are not ownership but they look like, feel like and seem like condominium units that are in fact rental units. She stated that she believes this project is compatible with the existing development in the area and she feels comfortable with her recommendation. She stated that Mr. Clubb is required to comply with the conditions of his project. She stated that staff does not have recourse with respect to bringing back his project before the Planning Commission again as in a Conditional Use Permit, however if his project becomes an eyesore and not maintained, then the community at large has the opportunity to address that with him. Commissioner Compas asked if the issue of the stop sign at the corner has been addressed and does staff feel a need for one right now? Mr. Riddle replied that in the past there was one call made requesting this at the intersection of Pirineos Way and Vieja Castilla Way and staff could have a work order to have one in place. He stated it would be a good idea to install one, but it already is a slow down area. Ms. Mobaldi stated that the appropriate procedure for a stop sign to be installed would be to bring that to the City Traffic Engineer and then it would go to the Traffic Commission, and they would make a recommendation as to whether or not a sign is warranted. Commissioner Compas asked if this were to be approved, would there be any way to put a requirement on it that the apartments have to be rented by a lease and the lease has to be at least six months? Ms. Mobaldi stated that she did not believe the City could impose that condition as it is an exaction she did not think that would be a requirement that you can legally impose. She stated that the zoning is allowing multi-family residential, including apartments, and there is no restriction as to length of leases etc. Mr. Wayne replied that the Code allows any permit to be recalled if it is not being exercised according to the conditions of the permit. It would come back to this body at a public hearing, if the conditions of approval are not being met, and therefore you could tailor make certain conditions if you had a certain concern about how it was being operated within the requirements of law of which the Counselor just spoke. Ms. Mobaldi stated that there was a case recently where the City of Santa Monica tried to impose a requirement that owners not rent to unrelated third parties and that was stricken by the court. They said that is a private responsibility of the owner to rent to who he wants to rent to, how long he wants to rent etc. and the government cannot interfere with that. Planning Commission Minutes August 1,200l Page 16 Chairperson Segall asked to follow up with Commissioner Compas’ stop sign issue. He asked Mr. Wayne to enlighten him on the process relative to recommending anything to the Traffic Engineer on signs. Mr. Wayne stated that they do not refer to other boards and commissions as that is really a private matter and the public, if they see a need for it, should petition that body to request it and that can be done relatively easily. Ms. Mobaldi stated that it can be appealed if they do not like the decision. Commissioner Compas stated that one of the speakers made a disparaging remark about the Planning Department and he wanted to say as a long-term member of this Commission and having had many, many dealings with the Planning Department and watching how they operate and what they do and comparing them with other cities, he did not think that remark was appropriate because our Planning Department is one of the best in the State. Chairperson Segal stated that he concurred. Commissioner Heineman stated, as a follow up on the rental question in this neighborhood, that there is a letter, not knowing how reliable it is, it mentions that Orleans East is 30% tenant occupied, Sabrina Greens is 44% tenant occupied and Flave LaCosta is 31% tenant occupied. He asked if there was any reason to doubt those figures? Chairperson Segall asked where that letter was from? Commissioner Heineman stated it was from Steve Relth, agent for Nothan Partners. Ms. Hysong stated she had the City’s GIS Department prepare an analysis of how many condos were in each project and then how many absentee owners there are. Making the assumption that if the owner is absentee, he or she is renting the unit, the results were that in the project to the west, Flave LaCosta, half of those units have absentee owners, in the four unit condominium project at the end of Pirineos Way, one of those (25%) is absentee owner, in the project across the street which is Orleans East 41 of 94 condominiums have absentee owners, and in the other project to the east, 13 of the 30 condominiums have absentee owners. She stated that these are based on the assessor records. Commissioner Nielsen asked if the applicant could have put four or five bedroom units in the complex and it would not have mattered regarding density? Ms. Hysong stated it would not matter with respect to density calculation or parking but density is based on the number of units. Commissioner Trigas asked if regarding absentee owners, it could also be a vacation home or it is just vacant? She also asked what type of noise attenuation is being done in regards to the pool that is up in the front? Ms. Hysong stated that they are assuming if they are absentee owners, they are being rented. She pointed out that there are buildings separating the adjacent units to the east and the west and the pool is adjacent to the street and is in the semi-center of the site. She stated there is a five foot solid masonry wall all around the pool. Chairperson Segall asked if there are any parking restriction conditions that can be imposed in terms of how they park vehicles, for the applicant is indicating that they would restrict people to park in the garage and not out on the street. Is there anything from a condition standpoint to ensure that that occurs? He asked if you could prevent anyone from parking on the street if they so desired? Ms. Hysong stated staff could impose that condition, that they use their garage for parking rather than storage. She said you could impose the condition to prevent parking on the street but it would be very difficult to implement. 69 Planning Commission Minutes August 1,200l Page 17 Chairperson Segall pointed out in terms of the issue that was raised that there are two Affordable Housing units and one the applicant is intending to have for the onsite manager. He asked if that was an appropriate use for that purpose? Ms. Hysong stated that may have been a misstatement on Mr. Clubb’s part as the manager would have to qualify through the Housing Office to occupy that unit. So if the manager met the criteria with respect to income, then he might qualify for that unit. Chairperson Segall asked if that then takes away from the purpose of the Affordable unit by having a requirement that someone that qualifies for that lives onsite then you only have one Affordable unit in essence for the public? Ms. Hysong replied possibly and that her guess is that because the Housing Office has a set procedure for who occupies Affordable Housing, there is a waiting list and it would probably be very difficult to have a manager qualify and then be able to move in in a timely fashion to occupy that unit. Mr. Wayne stated that Ms. Hysong is correct and in addition he stated that the way the Housing Element was written that that is a Housing Unit and you are providing housing for somebody, which is the same thing when we had this long discussion regarding second dwelling units being servants quarters - providing housing units for those people that provide services in the City. He pointed out that Mr. Clubb is not going to be able to put a manager in there as it is going to be bound and restricted by an Affordable Housing Agreement which will set the terms and income limits, based upon the number of bedrooms and household size which that unit is targeted for. He also stated, regarding street parking on public streets, that he did not think they could restrict that. Ms. Mobaldi agreed that you could not condition someone not to park on a public street. Chairperson Segall stated that as it is 9:55 p.m. there needs to be a motion to extend for a period of time. MOTION ACTION: Motion by Commissioner Heineman and duly seconded, to extend this meeting until this item is completed. VOTE: AYES: 5-o-o Chairperson Segall, Commissioners Compas, Heineman, Nielsen and Trigas NOES: ABSTAIN: None None Ms. Mobaldi stated there was one other item with regard to one of the conditions imposed which is not a subject of discussion but the park in lieu fee, that it is a Code Reminder and also Finding 5b on page 3 of Resolution 5008. That was just a reiteration of a requirement for a payment of a park in lieu fee. She believes that it was inadvertently included and only applies when a tentative map is being processed simultaneously. Ms. Hysong asked that that be included in the motion, then staff would delete Finding 58 of Resolution 5008 and Code Reminder 41 of Resolution 5008. DISCUSSION Commissioner Compas stated that the project looks very good to him, taken by itself. He thinks it is well designed and he likes the way they have gone about putting it together. He stated that he also feels that apartment projects are needed in San Diego County, but he also has been very much impressed by the public testimony tonight; that the people who have spoken are obviously united in strong opposition to this Planning Commission Minutes August 1,200l Page 18 project and he, to a degree, shares their concern about putting this project in this location and that is where he is at the moment. Commissioner Heineman stated that he thinks the Commission is running into the same concerns they run into every time they consider an infill project. He feels the project is consistent with the neighborhood, in fact he thinks it may enhance it, but his only caveat is that he does not believe that they can assume that the three-bedroom apartments will be always occupied by families of three as his experience as manager of a complex is that unless you are extremely vigilant, those three bedroom apartments can end up being occupied by three different college students making a living by cleaning swimming pools and with a lot of friends and with a total in each apartment of four and five cars. He thinks that the owner and his manager are going to have to exercise extreme caution to prevent such a thing, as it can happen. Commissioner Nielson stated that he shares Commissioner Compas’ comments except he has a problem with going over the Growth Point when we are putting three-bedroom units with the parking requirements we have, and he just cannot support the bonus units based on the fact these are three-bedrooms because, as he has stated, the next one could come in with four bedrooms or five bedrooms with the same parking and he thinks this will severely impact the neighborhood. He stated that his comments are that it is difficult for him to support the density bonus with three bedroom units with two-car parking. Commissioner Trigas pointed out that it is possible that the Commission may need a Minute Motion regarding talking about a City Policy which would be a City Council effort. She stated that her concern is that this Commission is dealing with certain rules, property rights and the appropriate zoning for what the applicant’s project is. She stated that she does not feel that the Commission can determine a different policy by saying now we are going to count bedrooms in density which is something if we as a Commission feel should be considered, then maybe we need to address this to the City Council, but she stated that she personally does not feel she has the authority to use that as a criteria. Commissioner Trigas stated that if the applicant has followed all the requirements, which of course they have for this project, they are allowed 14 units without any changes if you went with the Growth Control Point. Ms. Hysong confirmed it is the density range that is allowed so there is no stipulation that you have to approve a project at the Growth Control Point but it would be 14 if you round down. Commissioner Trigas stated that what she is struggling with is the Commission is trying to put this new development on an infill lot, with all of the problems that she is hearing the neighbors complain about; that has been of wurse none of the developer’s cause for he is coming into a situation where the neighbors have a lot of concerns. She stated that she does not feel comfortable denying him what the findings have been.. Commissioner Trigas stated that the problems obviously should be addressed perhaps by the neighbors however that is a separate issue. She stated that this project has gone along with all the correct procedures with no variances or anything out of the ordinary and her concern is that any concerns during the seven month building period be addressed as a good neighbor. She stated that her previous concern about the noise attenuation at the pool has been satisfied. Commissioner Trigas stated that she must approve this project. Chairperson Segall thanked everyone for staying around and providing input on this important issue. He shared that diversity in housing in Carlsbad is a real major concern. He pointed out that not too long ago the Commission approved an apartment complex that has now been denied by the Coastal Commission and it would meet a lot of the needs the City has in diversity in housing. He stated that he has a concern that this project does meet some of those needs and the City does need that kind of a mix in this community. Chairperson Segall stated that he thinks this is a quality project on which a lot of time and effort appears to have been spent, and he believes it does match closely the community. He stated that he does have a concern for density for he does think this is a densely packed neighborhood, however it is zoned to allow this kind of a project there. He stated that he has a concern about going over the Growth Control Point, however he thinks the findings can be made for that. He stated that he thinks the owner purchased this Planning Commission Minutes August I,2001 Page 19 property and followed the law to develop it, and he is going to have a hard time denying him to build this kind of a project. Chairperson Segall stated that he thinks Commissioner Heineman had a good point, every time we have an infill project in Carlsbad where we are coming in with something that is slightly different from the exact mix of the community we do have concerns, but beyond that he thinks this is a good project and he is willing to support it. Commissioner Nielsen stated that he cannot support this project going over the Growth Control Point because of the three bedroom units, as he thinks it is impacting the neighborhood unfairly, so he cannot support it. MOTION ACTION: Motion by Commissioner Trigas and duly seconded, to adopt Planning Commission Resolution 5007 adopting a Negative Declaration and Planning Commission Resolution 5008 approving SDP 00-16 and in addition the Errata Sheet with all the additions including to delete Finding 5B of Resolution 5008 and to delete Code Reminder 41 of Resolution 5008. VOTE: AYES: 3-2-O Chairperson Segall, Commissioners, Heineman, and Trigas NOES: ABSTAIN: Commissioners Compas and Nielsen None Chairperson Segall closed the Public Hearing. Commissioner Nielsen stated that he has a problem with the fact that when we consider density we do not consider numbers of bedrooms with parking because we have more infill down there and we are setting a president. >APPEAL FORI@ I (We) appeal the decision of the cm m mmm EXAtWKIHT.B- to the Cadsbad Gity&m&. Date of Decision you are appealing: JtUXBr 1, ZOOl km EJ& RRlNX6 FowlE SISOO-16 Subiect of Armeal: BE SPECIFIC Examples: if the action is a City Engineer’s Decision, please say so. If a project has multiple elements, (such as a Generai plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. lf $0~ only want to appeal a part of the whole action. please state that here. Reasonls) for Ameal: l Please Notm l Fdhwe to opsdfy a remon may rwult In denial of tha appeal, md you will be limitmd to the grounds statmd hem when presenting your oppcaL glE SPECIFIC How did the dedsion maker err? What about the decision is inconsistent wlth state or local laws, plans, or policy? : Fm33s!EpElJtnmED Eim l3Fri1-5, 2530-~#30 AODRESS SIrset Name & Numbs i3m.m 10, 2an -,-92009 DATE cltu, mh zip-* 1200 Carl&ad Village Drive - Cartsbad. California 92008-l 989 l (819) 434-2808 .3-O?; 7:liAM;carlsbad city clerk z-FWl:DEBORWSWICKY PHG+E No. : 7609425189 ;760 720 6917 # 21 3 Rug. 10 2001 01:43PM P3 .I.) ThcPlalming-on~ac#pabd,~Ead,lesesrcbtllatwrrr . itl-d~tUid~~aSpesclntedbyCityplpjmerti~ Commissim~onO1 AugustOl. 2.)ThcPlaanifg~onappoved~~ofnew~lllsi~~ uoitsthat&aotmeetCityofCarlshdIbushg~Red~eut~ guiddins. Per guid&es~ tk rcquimd number of lower-~ i&&nary unitssMlbehfbetlr(lS”%)prcentofthetotal~i~~. Currc5tpropwcd dclhpcnt cites wily tweb! and one half(l2.5%) pmxnt ofthc toal rcsidcntiPluoiIs. 3.) Per City of C&bad rqplation~ the Master En- Imp& Report (MElR)istobefeb4owodandd’evay~ve(5)~ TbenmRcitdaad felieduponbyt&cplaming~increatinglheir~tothepl~g commission is scvm ad one half(71/2) years old, outdated and does not meet rcquiFemsntsofbcingupdattdandcumat. 5.) ThePIzumingDepartmeaSapprovcdm~~pl~inaxnorcthPm~- six (26) year old esWIishcd coudotium commupity imp8othkg the quay of life resulting in the immediate p0ten.W for dimhtion in value of sunounding =bWW. PagB3of3 ;*3-0 1 ; 7:llAM;carlsbad CltY cle’rk 3 FRoJl:DEBoRmsw1cxY ;7eicl 720 8917 # 31 3 PHOPE ta. : 760 942 Sl69 Rug. 10 2681 01:42Prl P2 l.)TbCPlnrmingCommission~Vedtheproposed~~by~ uroneousreseachrcs&sandpaqoscdfictsppexlltcdasfactbytbc CM!bdP1aamingDcpartnientob hearing m 01 August 01. 2)mPlanning-sppavedoew’inc~oIlaryhousioglmi~tilatQ not meet mandated City ofCarhbd Hous& aad ReBerelapmcnt guhtkii~~~. 3.)ThcPlan&4gcoIIlmissMmrtmprovadadclitiomaluni~bssddmtheCall~ Phmingl3epprcment’suseofauoutthdMasterEn~nmentalbnpact Report (MEiR)inviola!ionofthe rc4pkmathattheME.lRbcupdsted v five (5) Y-. S.)Tk planning Department approved apaltmcnt tJpc dwellings io an estabhshedcondonliniulncoanmrmity, PageZof3 75 08/13/28Ell 16: 51 8586890234 COAST CONTRACTING PAGE 02 EXHIBIT 6 PIRINEOS POINTE, LLC 16 UMT LUXURY APARTMENT PROJECT PIRINEOS WAY, LA COSTA w -.-.4094234 213 49949~ Allgust 13,Zool city Council The City of Carl&ad 1200 Carl&ad Village Drive Curfsbud, CA 92008 Re: SDP0016 / Plan&g Commission Pkaring Date: August 1,200l Dear ?lonoable Members of the City Council: This corrqondence is in response to that certain “Appeal” as filed on behalf of various concerned citizens as represented by Tracey Wallace, dated August IO, 2001. Please be advised that Pirineos Pointe, LLC, the applicant of the referenced Site Development Permit, became the owner of record, in fee title, as of August 10,2OOl. As the Managing Member of Pintos Pointe, LLC, I have fill authority to act on its behalf As the applicant of SDP-00 16 and owner of the subject property, we object to the style, form 4 content ofthe appeal and believe that the appeal should be rejected, either in whole or in pert, by the City councilfarthereaeous stuted below: 1. The Appchnt has requested a ninety- (90) day period for “the preparation of their appal”. There is no valid reason offered or otherwise in existence to warrant granting such a request If there were any basis in fact for their position (which there otdudy is none), it would necessarily have to be already known, No additional time beyond that required by City statute should be allowed. This project has been in various stages of planning and design coutinuously with full effort since it was first placed in escrow to purchase in July of 2000. The Appellunt is seek@ to Ruther stretch out the approval process aud discourage the project’s development. There is no legitimate reasonfor this appeal, ifnccq~&& not to be heard as soon as possible. 2. Appellant item marked no. “1.)” under -Subject of Appeal” and its corrqonding %euson for AppeaY lacks four&ion and pm for it’s proper consideration to be heard, Appellant claims there was “false information” but they fail to state what was false. By failing to give the owner adequate notice of the grounds upon which they base their appeal the owner would be deprived of due Process if their appeal is acceptai because one can only speculate as to their grounds for appeal. Surely, if faise infomation exists, as they allege, it would be a simple matter (as well as a required one) to rdk to it m in their “Reason to Appeal”. Since they ftiled to do so, I request that this item be specifically excluded. 08/13/2881 16: 51 8586898234 COAST CONTRACTING PAGE 83 City Council The City of Carl&ad August 13,200I Page 2 3. 4. 5. 6. Appellant item marked no. “2.)” that deals with inclusionary housing was discussed in detail by City StaiYPlanner, Ann Ifysong at the Planning Commission hsating. The conclusion that “ 12.50/$’ does not meet the “150/d’ requirement is simply a feeble and mislaadiag attempt by the Appellant to &her discredit City StaE The truth is that the inclusionary guidelines provide for ?oundii” as was tastifled to at the hearing. (For example, 15% of 16 units = 2.4 units, is properly rounded down to 2 units; had the calculation been based on 17 units, then 15% of 17 units = 2.6 units, properly rounded up to 3 units,) The Appellant’s argumem concerning the 12.5% calculation is therefore academic. This obviously lacks any validity and should not be u&dered by City Council as a valid “Reason for Appeal P. Therefore, I request that this item be specifically excluded, Appellant item marked no. “3,),, challenges the City of Carlsbad, its Planning Commission and Planning Staff in it use of the Master Environmental Impact Report. Facts symrunding the use of an alleged “7.5 years old report” are certainly known by The City Council, the Planning Commission and SmfF. The proper and legal use of tbis MEIR should never be allowed as a Fool by the Appellant just because they are misinformed. Therefore, I fiuther request that this item be specifically excluded. Appellant item no, “4.)” also challenges the City of Carl&ad, its Planning Commission and Planning SMT The “Reason fbr Appeal” lacks foundation and m. The reasons stated are vague and ambiguous. Nothing in their statement can be legitimatety used as a valid “Reason for Appeal”. The&ore, I ask that this item be specifIcally excluded. Appellant item no. “5.)” is completely imlevant. The City of Carl&ad, City Ctil, the Planning Commission and Staff cannot and should not make decisions based on the manner in which ritlc to private prope~y is held. That decision rest solely with the property owner under State and Federal law, Furthermom, the imposition of any requirement to build condominiums would incorrectly force the owner M file a subdivision map. Requirhg such would effectively constitute the prohibition of the building of an allowed use under City Zoning and other guidelines for an existing single lot development Therefore, I also request that this item be specifically excluded. In conclusion, the Appellant failed to follow the stated requirement on the Appeal Form where it is shown in large bold print to m SPECIFIC. The lack of Specifics and inadeqtmte notice ofthe grounds upon which Appellant bases their appeal woukl deprive the owner of due pro~ss. We obviously can not respod to unknown allegations. 08/13/2001 16: 51 8586890234 COAST CONTRACTING PAGE 04 City Coun&l The city of C&bad AuJgust 13,2001 page3 On hehalf oftbe owner of the pquty, Phineoa Pointe, LLC, and based on the above information and M supported by your tkrchcr inquiries with the City Planning Department and the City Attorney’s Office, I respect&lly request that each of the above items be specifically excluded and tberefore rejected 88 ins&cient and improper to warrant a MLid appeal. If it is fouad that all items are to be excluded, then I ask that a rejection of she Appellant’s “Appeal Form” be issued as soon as possible, and that this aaion would constitute a de&al of the Appeal based on its lack of merit. As a long time resident ofNorth County, I have had my Architect de&n this project with “pride of Chvnctxhip” in mind and quality fares which will enhance the life style of its residences as well. as eahawe the neighborhood. The City Staff has meticukwsly studied this project and the project was then care!Wy reviewed and approved by the Planning Commission. I utge you to reject this appeal and permit us to proceed a~ quickly as possible. cc: City A#orney, City of Cadsbad him Hysong, Assistant Planner w’/o 49v4 * Jeremy Riddle, City Engineering Deputment J. Wiley Jones, Esq. TbolIlM Jossclyl& EEq. Enclosure: Copy of Appellant’s Appeal Form NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 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, September 18, 2001, to consider an appeal of a Planning Commission approval of a Site Development Plan to allow a 16 unit townhome style apartment project, including 2 affordable housing units located on Pirineos Way between La Costa Avenue and the La Costa Resort Golf Course in the RD-M Zone and Local Facilities Management Zone 6, and more particularly described as: Parcel 1 of Parcel Map 4548 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 16, 1976 as File No. 76-076420 of official records. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after Friday, September 14,200l. If you have any questions, please call Anne Hysong in the Planning Department at (760) 6024622. . If you challenge the 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. CASE FILE: SDP 00-16 CASE NAME: PIRINEOS POINTE PUBLISH: FRIDAY, SEPTEMBER 7,200l CITY COUNCIL CITY OF CARLSBAD P * SITE INEOS PO SDP 00-16. @ womm INTE L. : : CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 (760) 602-2401 REC’D FROM ~k&ak+/ t..LMU/?CG DATE zj, “/I) -01 ACCOUNT NO. DESCRIPTION AMOUNT 06/ 34/D -4,$j?J : I : I I : I i I 0% ti 323-5;” I : i I I I : i gE!EIPT f’&? 72455 Prmted on recycled paper. NOT VALID UNLESS VALIDATED BY TOTAL CASH REGISTER APPEAL FORM I (We) appeal the decision of the - m m FVJWS -- KMQG M to the Cartsbad GiQ+mmik Date of Decision you are appealing: RB-EV 1, 2101 WE EVE, E'JRIMXFcxIME~6 Subiect of Ameal: BE SPECIFIC Examples: if the action is a City Engineer’s Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here. Reason(s) for Apcmal: l Please Note l Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy? KEm3s!Em l!flPam lIJsr ln!clm 1-5. /'iIUX.M.- NAME (please print) 2630-w#30 ADDRESS: Street Name 8 Number J-!LKxm 10, 2001 c74lwzm,-9200!3 DATE Citv, State, Zip Code 1200 Carlsbad Village Drive - Cartsbad. California 92008-T 989 - (619) 434-2808 FROM : DEBORW SfWICK'f * PHONE NO. : 760 942 5189 kg. 10 2001 01: 42PM P2 Subicct of Ameak I f We challenge the entire action of the Planning Commission on SDP 00-16. I / We request ninety (90) days fkom today’s date of 10 August 01 to prepare my I our appeal. This appeal is based on the following facts: 1.) The Planning Commission approved the proposed development by accepting erroneous research results and proposed facts presented as fkt by the Carl&ad Planning Department at commission hearing on 01 August OX. 2.) The P1aunin.g Commission approved new inclusionary housing tits that do not meet mandated City of Car&ad Housing and Redevelopment guidelines. 3.) The Planning Commission approved additional units based on the CarMad Pkming Department’s use of an outdated Master Environmental Impact Report (M?ZR) in violation of the requirement that the MEIR be updated evay five (5) years. 4.) The Planning Department’s reliance on Growth Management Plan that exceeds mpted standards and is vague in establishing density p&ence. 5.) The Planning Department approved apartment type dwellings in 8~1 established condomiuium community. Page2of3 FROM : DEBORFHSWICKY % PHONE NO. : 760 942 5189 Rug. 18 2881 81:43PM P3 Reasons for Atmeal: 1.) The Planning Commission exronemsly acc@ed, as fact, research that was inco~ and materially misleading as presented by city planner at Planning Commission meeting on 0 1 August 01. 2.) The Planning Commission approved construction of new inclusionary housing units that do not meet City of Carl&ad Housing and Redevelopment mandated guidelines. Per guidelines, the required number of lower-income inclusionary units shall be fifteen (15%) percent of the total residential units. Current proposed development cites only twelve and one half (12.5%) percent of the total residential units. 3.) Per City of Carlsbad regulations, the Master Environmental .Impact Report (MEXR) is to be reviewed and renewed every five (5) years. The MElR cited and relied upon by the Planning Department in creating their report to the planning commission is seven and one half (7U2) years old, outdated and does not meet rquirements of being updated and current. 4.) The Planning Department’s interpretatior and employment of the Genera2 Grow& Management Plan is vague and exceeds accepted standards in its language per&in& to den& and establishing guidelines for density precedence. 5.) The Planning Departmeat approved an apartment complex in a more than twcnty- six (26) year old established condominium community impacting the quality of life resulting in the immediate potential for diminution in value of surrounding real Property. Page3of3 . . THE PUBLIC HEARING NOTICE FOR PIRINEOS POINT (SDP 00-16) WAS MAILED TO THE FOLLOWING ON&d’&, k&&u!& 7/ wo/ JANICE BREITENFELD DEPUTY CITY CLERK LA COSTA HOTEL&SPA CORP SABRINA PROPERTIES INC SABRINA PROPERTIES INC 2100 COSTA DEL MAR RD 411 N CENTRAL AVE 600 411 N CENTRAL AVE 600 CARLSBAD CA 92009-6823 GLENDALE CA 91203-2021 GLENDALE CA 91203-2021 TRINIDAD MEADOW VISTA HOLDINGS L 1031 REAL ESTATE SERVIC 24541 VANESSA DR 219 MEADOW VISTA WAY 1317 CALLE SCOTT MISSION VIEJO 92691-4672 ENCINITAS CA 92024-4321 ENCINITAS CA 92024-5532 DONALD D KING MILTON F CALLER0 BRIAN S YUI 1710 ARBUTUS ST 2544 NAVARRA DR 2 124 5TH ST GOLDEN CO 80401-3532 CARLSBAD CA 92009-7055 ENCINITAS CA 92024 LUONG & TUYET QUYEN MARLES E MORAN JOHN H & RUTH HONOUR 2544 NAVARRA DR 4 2544 NAVARRA DR 5 2544 NAVARRA DR 6 CARLSBAD CA 92009-7055 CARLSBAD CA 92009-7055 CARLSBAD CA 92009-7056 JOHN E BOND DOROTHY M BOWMER TRAILER P EVERGREEN 2544 NAVARRA DR 7 2544 NAVARRA DR 8 1346 SUMMIT AVE CARLSBAD CA 92009-7056 CARLSBAD CA 92009-7056 CARDIFF BY TH 92007-2430 GERARD G SARNATADO BETH A FITZGERALD EDWARD G & SANDRA BURR 2544 NAVARRA DR 10 2544 NAVARRA DR 11 4936 YERBA SANTA DR CARLSBAD CA 92009-7056 CARLSBAD CA 92009-7056 SAN DIEGO CA 92115-1038 CASEY W CONNORS MASSOUD KHARRAZIAN SCOTT R OLSEN 2544 NAVARRA DR 13 1565 BURGUNDY RD 2544 NAVARRA DR 15 CARLSBAD CA 92009-7057 ENCINITAS CA 92024-1206 CARLSBAD CA 92009-7057 GISELE M ZEFFARO RICHARD B & STACEY TAFT WILLIAM & HOLLY HUMMEL 2544 NAVARRA DR 16 35 COLLINWOOD RD 2544 NAVARRA DR 18 CARLSBAD CA 92009-7057 MAPLEWOOD NJ 07040-1035 CARLSBAD CA 92009-7057 EVANS MICHAEL C ANGELOS MILAN1 M SOMMERVILLE 2544 NAVARRA DR 19 1927 S CLAREMONT AVE 7500 VIEJO CASTILLA WAY CARLSBAD CA 92009-7057 FRESNO CA 93727-6238 CARLSBAD CA 92009-7354 MYRTLE M DELILLY ANNAMARIE BEZZERIDES GRACE T WONG 4940 S VERDUN AVE 7500 VIEJO CASTILLA WAY 2572 ChLIFORNIA ST 1 LOS ANGELES C 90043-1519 CARLSBAD CA 92009-7354 SAN FRANCISCO 94115-2629 . ’ TIM & RISTIN HABER ALLYSON GREENWOOD DANIEL M MOLINA 7500 VIEJO CASTILLA WAY 7500 VIEJO CASTILLA WAY 7500 VIEJO CASTILLA WAY CARLSBAD CA 92009-7354 CARLSBAD CA 92009-7354 CARLSBAD CA 92009-7355 JAMES M ALES1 BARBARA J GIVENS OCTAVIO PINA 7500 VIEJO CASTILLA WAY 7500 VIEJO CASTILLA WAY 7500 VIEJO CASTILLA WAY CARLSBAD CA 92009-7355 CARLSBAD CA 92009-7355 CARLSBAD CA 92009-7355 CHRIS 6r ANFAL MCCRAY DARLENE F TIGHE KAZUO KAWAMATA 14 SEAPORT 7205 PLAZA DE LA COSTA 7512 VIEJO CASTILLA WAY LAGUNA NIGUEL 92677-5904 CARLSBAD CA 92009-6258 CARLSBAD CA 92009-7356 AARON M DRESSIN DIANNE E FARRIS JAMES T HOMME 7512 VIEJO CASTILLA WAY 7512 VIEJO CASTILLA WAY 7512 VIEJO CASTILLA WAY CARLSBAD CA 92009-7356 CARLSBAD CA 92009-7356 CARLSBAD CA 92009-7356 LOUIS V MANAKAS BOBBI E TROUT PAULA GREEN 940 S PEARWOOD LN 7512 VIEJO CASTILLA WAY 7512 VIEJO CASTILLA WAY ANAHEIM CA 92806-4610 CARLSBAD CA 92009-7357 CARLSBAD CA 92009-7357 JOHN J MCALOON SAITAMA NISSAN USA CORP BORISOFF TR 19505 N MONTAGUE LOOP 1200 W 7TH ST MS2 PO BOX 2243 EAGLE RIVER A 99577-8718 LOS ANGELES C 90017 DEL MAR CA 92014-1543 MARY J SCHOVAERS ERIC WARD MARAMOR INC 2533 NAVARRA DR 1A 2533 NAVARRA DR A2 557 CANYON DR CARLSBAD CA 92009-7039 CARLSBAD CA 92009-7039 SOLANA BEACH 92075-1338 DECANDIA GALNICK MARIANNE HOKE 2533 NAVARRA DR A4 2533 NAVARRA DR Bl 2533 NAVARRA DR 2B CARLSBAD CA 92009-7040 CARLSBAD CA 92009-7041 CARLSBAD CA 92009-7041 . ELLIOT B CANTER GARY & SHARON BLOOM JENNIE BERKAU 2533 NAVARRA DR B3 2533 NAVARRA DR 4B 2535 NAVARRA DR A5 CARLSBAD CA 92009-7041 CARLSBAD CA 92009-7042 CARLSBAD CA 92009-7044 DAVID SCOTT GARRETT TR LOUISE E SCHRIEK 2535 NAVARRA DR 6A 522 N WILCOX 2535 NAVARRA DR 8A CARLSBAD CA 92009-7044 LOS ANGELES C 90004-1111 CARLSBAD CA 92009-7045 . . 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NAVARRA DR 213 DEL MAR CA 92014-0031 CARLSBAD CA 92009-7072 CARLSBAD CA 92009-7072 JOHN M & HILDA ENGELMAN 2379 W 236TH ST TORRANCE CA 90501-5713 KIMBERLY KLOS 2564 NAVARRA DR 217 CARLSBAD CA 92009-7073 YONI T CARICATO 3044 SOUTHWIND LN VISTA CA 92084-1251 CRYSTENA CHASE LACY TR 2564 NAVARRA DR 215 79325 DESERT STREAM DR CARLSBAD CA 92009-7073 LA QUINTA CA 92253-4233 STEPHEN C DENNY KENDRA A HALL 2630 PIRINEOS WAY 1 2630 PIRINEOS WAY 2 CARLSBAD CA 92009-7343 CARLSBAD CA 92009-7343 CLYDE J & MYRA FRAZIER SHARON D LANE 3325 PIRAGUA ST 2630 PIRINEOS WAY 5 CARLSBAD CA 92009-7842 CARLSBAD CA 92009-7343 PETER RIMMER SITTNER MARYANNA MORRIS 2630 PIRINEOS WAY 6 2808 LUCIERNAGA ST 2630 PIRINEOS WAY 8 CARLSBAD CA 92009-7360 CARLSBAD CA 92009-5926 CARLSBAD CA 92009-7344 STEVEN M FLYNN LEE STARR MICHAEL L WALTMAN 2922 SOMBROSA ST 2630 PIRINEOS WAY 10 2630 PIRINEOS WAY 11 CARLSBAD CA 92009-9245 CARLSBAD CA 92009-7344 CARLSBAD CA 92009-7344 CATHERINE T BRADLEY DAVID & EVA FORREST HOMA VAKILI 2630 PIRINEOS WAY 12 2630 PIRINEOS WAY 13 2630 PIRINEOS WAY 14 CARLSBAD CA 92009-7344 CARLSBAD CA 92009-7344 CARLSBAD CA 92009-7344 ROMA W MURDAUGH DEBRA A BENFATTI LAWRENCE G & JAN HEARN 2630 PIRINEOS WAY 15 2630 PIRINEOS WAY 16 8525 E REMUDA DR CARLSBAD CA 92009-7344 CARLSBAD CA 92009-7361 SCOTTSDALE AZ 85255-1502 BARBARA L MILLER MARC A PRESTERA LISA MARTINETTI 1590 RAMONA DR 2630 PIRINEOS WAY 19 2630 PIRINEOS WAY 20 CAMARILLO CA 93010-8474 CARLSBAD CA 92009-7361 CARLSBAD CA 92009-7361 ROYAL STEPHEN C TOMACELLI GRACE Y TOKI PO BOX 231909 654 CORTE LOREN 1600 ARDMORE AVE 325 ENCINITAS CA 92023-1909 SAN MARCOS CA 92069-7316 HERMOSA BEACH 90254-3011 KATHLEEN MOELLER MARILYN J PETERS SISLER VERONICA A 1706 CHERRYTREE LN 2630 PIRINEOS WAY 25 2630 PIRINEOS WAY 26 MOUNTAIN VIEW 94040-3602 CARLSBAD CA 92009-7345 CARLSBAD CA 92009-7362 NANCY L STARLING SUSAN BRICKNER DONALD G & JULIE NEWMAN 7720 EL CAMINO REAL B44 PO BOX 7556 2520 LUCIERNAGA ST CARLSBAD CA 92009-8508 TAHOE CITY CA 96145-7556 CARLSBAD CA 92009-5819 TRACEY M WALLACE PATRICK D MCKIM ALICE L RODIN 2630 PIRINEOS WAY 30 2556 NAVARRA DR A 2556 NAVARRA DR B CARLSBAD CA 92009-7362 CARLSBAD CA 92009-7060 CARLSBAD CA 92009-7060 MICHAEL C & LINDA SMITH THOMAS P TIERNEY WALTER F STEWART 6021 E SWEETWATER AVE 3230 WILDFLOWER DR 2556 NAVARRA DR E E SCOTTSDALE AZ 85254-4456 ENCINITAS CA 92024-7045 CARLSBAD CA 92009-7060 CHARLES M NAKAMURA BERNARD E STACEY ROBERT D & KATZ JACOBS 2556 NAVARRA DR F 2556 NAVARRA DR G 2732 OBELISCO CT CARLSBAD CA 92009-7061 CARLSBAD CA 92009-7061 CARLSBAD CA 92009-6526 WILLIAM J FLYNN ZINK MYRA KEITH M SWINEHART 2556 NAVARRA DR I 2556 NAVARRA DR J 2552 NAVARRA DR B CARLSBAD CA 92009-7061 CARLSBAD CA 92009-7061 CARLSBAD CA 92009-7058 RALP S WENTWORTH WILLIAM G YANCEY NIZAM 2552 NAVARRA DR C 2558 NAVARRA DR B 2558 NAVARRA DR C CARLSBAD CA 92009-7058 CARLSBAD CA 92009-7062 CARLSBAD CA 92009-7062 DONALD B & HELEN JURY RICHARD S CLEMENT HITTELMAN SELMA 2552 NAVARRA DR E E 11151 VALESIDE CRES 2558 NAVARRA DR E E CARLSBAD CA 92009-7058 CARMEL IN 46032-9159 CARLSBAD CA 92009-7062 SUSAN A BOYER DAYTON G DICKEY MEACHAM 2558 NAVARRA DR F 2552 NAVARRA DR A 2558 NAVARRA DR A CARLSBAD CA 92009-7062 CARLSBAD CA 92009-7058 CARLSBAD CA 92009-7062 SHOTLAND JOHN L STEVENS NANCY STANLEY 2552 NAVARRA DR D 2558 NAVARRA DR D PO BOX 131554 CARLSBAD CA 92009-7058 CARLSBAD CA 92009-7062 CARLSBAD CA 92013-1554 EARL PENNINGTON FRED OTT ROBERT A WITT 2583 NAVARRA DR B 2583 NAVARRA DR C 12441 PROMONTORY RD CARLSBAD CA 92009-7090 CARLSBAD CA 92009-7090 LOS ANGELES C 90049-6800 ADRIAN S GRAFF-RADFORD JACK W & ARLENE BOGGESS JAMES W & KAREN MEADOR 7 JENNIFER CT 2581 NAVARRA DR B 2581 NAVARRA DR C RANCH0 MIRAGE 92270-1627 CARLSBAD CA 92009-7088 CARLSBAD CA 92009-7089 VICTORIA E HEZA BARRY A FENNELL BRADLEY A APPEL 2579 NAVARRA DR A 2579 NAVARRA DR B 2579 NAVARRA DR C CARLSBAD CA 92009-7086 CARLSBAD CA 92009-7086 CARLSBAD CA 92009-7086 BRUCE A HIGHSTRETE CHARLES R WILMOT ROBERT J & MARY HANNA 6852 PRESIDENTE DR 2577 NAVARRA DR C 2465 GARFIELD ST HUNTINGTON BE 92648-3063 CARLSBAD CA 92009-7085 CARLSBAD CA 92008-2214 JANICE A CHIAPELONE PMB 137 PORTLAND OR 97229-7835 ALLEN M EC ISABEL ABRAMS 2216 SCHILLER AVE WILMETTE IL 60091-2328 DONNA T JOHNSON 2573 NAVARRA DR C CARLSBAD CA 92009-7080 SANDRA LOWE 2569 NAVARRA DR D CARLSBAD CA 92009-7078 DAVID T & CINDY OLDROYD 2569 NAVARRA DR A CARLSBAD CA 92009-7077 GARRY GRACE 2565 NAVARRA DR A CARLSBAD CA 92009-7074 RUTH B SOLORIO 2563 NAVARRA DR D CARLSBAD CA 92009-7065 LAURIE A VOGLER-HALLER 2563 NAVARRA DR A CARLSBAD CA 92009-7065 OCWEN FEDERAL BANK 2561 NAVARRA DR A CARLSBAD CA 92009-7063 LEONARD SILVER 2616 LA COSTA AVE CARLSBAD CA 92009-7324 JEANNE M DAUMEN TOM R BLANKENHORN 2575 NAVARRA DR C 2575 NAVARRA DR B CARLSBAD CA 92009-7082 CARLSBAD CA 92009-7082 BARBARA & ROBERT MARTIN PAMELA J PREY 2573 NAVARRA DR A 2573 NAVARRA DR B CARLSBAD CA 92009-7080 CARLSBAD CA 92009-7080 JAMES & KAZ HAYASHI JILL CHESLEY 2573 NAVARRA DR D 2423 LA COSTA AVE B CARLSBAD CA 92009-7081 CARLSBAD CA 92009-7313 PATRICIA E RUSSELL LEE T & HELENE WATRIN 2569 NAVARRA DR C 13137 BASSETT ST CARLSBAD CA 92009-7078 NORTH HOLLYWO 91605-4726 NOOSHEEN ALAVERDI JOANN L HUTN 2567 NAVARRA DR B 2567 NAVARRA DR A CARLSBAD CA 92009-7075 CARLSBAD CA 92009-7075 SCOLARI GEORGE & JOAN GERSON 2565 NAVARRA DR B 3 FARM RD CARLSBAD CA 92009-7074 SHOREHAM NY 11786-1551 DEXTER Y LOUIE JESS P MARINEZ 2563 NAVARRA DR C 2563 NAVARRA DR B CARLSBAD CA 92009-7065 CARLSBAD CA 92009-7065 ACRIVIDES KALLIOPI P ARCHIE T MARVEL 2561 NAVARRA DR C 2561 NAVARRA DR B CARLSBAD CA 92009-7063 CARLSBAD CA 92009-7063 ROBERT T ALVAREZ ATTILA H & PATTI FELSEN 3227 SWEETWATER DR A 2612 LA COSTA AVE MAINEVILLE OH 45039-8754 CARLSBAD CA 92009-7324 EUGENE W COLER MARK & ANDREA KORFF 2622 LA COSTA AVE 34522 N SCOTTSDALE RD 1 CARLSBAD CA 92009-7324 SCOTTSDALE AZ 85262-1269 MICHAEL NORTHCUTT PACIFICA CRISEL CORP 2636 LA COSTA AVE 1147 LARK SONG LN PO BOX 12188 CARLSBAD CA 92009-7324 ENCINITAS CA 92024-6826 LA JOLLA CA 92039-2188 ANN D ALLEN RUSSELL A CHIASSON ALBERT H RUSHALL 7505 JEREZ CT A 7505 JEREZ CT B 2526 RUETTE NICOLE CARLSBAD CA 92009-7435 CARLSBAD CA 92009-7435 LA JOLLA CA 92037-2008 MATTHEW MARSHALL DEBRA S GIRAUDI LAWRENCE K FULTON 7505 JEREZ CT D 7505 JEREZ CT E E 7525 JEREZ CT L CARLSBAD CA 92009-7435 CARLSBAD CA 92009-7435 CARLSBAD CA 92009-7446 DIANA HEMMERICH EILEEN H NORMAN CAROL A COX 7525 JEREZ CT K 7525 JEREZ CT J 7525 JEREZ CT I CARLSBAD CA 92009-7446 CARLSBAD CA 92009-7445 CARLSBAD CA 92009-7445 LAMONT PROPERTIES MICHAEL S STRINGFELLOW JERRY R BUSH PO BOX 738 7525 JEREZ CT G 7525 JEREZ CT F GREAT FALLS M 59403-0738 CARLSBAD CA 92009-7445 CARLSBAD CA 92009-7445 JOSEPH G GRATES JOHN & LUISA HELM BRENT W & DAWN RAWSON 7525 JEREZ CT E E 7525 JEREZ CT D 7525 JEREZ CT C CARLSBAD CA 92009-7444 CARLSBAD CA 92009-7444 CARLSBAD CA 92009-7444 MARK A BURBRINK STEVEN B MACNABB STILLWELL 7525 JEREZ CT B 7525 JEREZ CT A 3444 RIDGECREST DR CARLSBAD CA 92009-7444 CARLSBAD CA 92009-7444 CARLSBAD CA 92008-2030 CAROL C CARRASCO 7526 JEREZ CT F CARLSBAD CA 92009 CANDACE S ADAMS 7527 JEREZ CT C CARLSBAD CA 92009-7449 HARLOW 7523 JEREZ CT D CARLSBAD CA 92009-7442 MARGARET WONG MARIO RODRIGUEZ 6704 PARK RIDGE BLVD 7527 JEREZ CT D SAN DIEGO CA 92120-3240 CARLSBAD CA 92009-7449 DAVID ESTRADA ROBERT A POPPLETON 7527 JEREZ CT B 7527 JEREZ CT A CARLSBAD CA 92009-7448 CARLSBAD CA 92009-7448 HARLOW HARLOW 7523 JEREZ CT D 7523 JEREZ CT D CARLSBAD CA 92009-7442 CARLSBAD CA 92009-7442 I ‘.. HARLOW HARLOW HARLOW 7523 JEREZ CT D 7523 JEREZ CT D 7523 JEREZ CT D CARLSBAD CA 92009-7442 CARLSBAD CA 92009-7442 CARLSBAD CA 92009-7442 HARLOW KRISTIE D TAYLOR BARRY SHEPARD 7523 JEREZ CT D 7513 JEREZ CT B 7513 JEREZ CT A CARLSBAD CA 92009-7442 CARLSBAD CA 92009-7437 CARLSBAD CA 92009-7437 ALEKSANDR OSTASHCHENKO JOAN B HOCH GEORGE MARHOEFER 7511 JEREZ CT C 7511 JEREZ CT B PO BOX 218 CARLSBAD CA 92009-7436 CARLSBAD CA 92009-7436 CARLSBAD CA 92018-0218 KURT & CYNTHIA BEVACQUA VIVIAN M & JOAN DUNNING SCOTT T MCCARTHY 2536 LA COSTA AVE 7537 MULHOLLAND DR 2552 LA COSTA AVE CARLSBAD CA 92009-7321 LOS ANGELES C 90046-1238 CARLSBAD CA 92009-7321 JEANNE V MOBIL10 STEPHEN C HUMMEL JOHN H & MARY NORTHROP PO BOX 232183 2562 LA COSTA AVE 7549 VIEJO CASTILLA WAY ENCINITAS CA 92023-2183 CARLSBAD CA 92009-7321 CARLSBAD CA 92009-7351 BRUCE & SHERI SACHS CARLOS ROYAL PATRICK E FRANCIS MCGURK 7548 VIEJO CASTILLA WAY PO BOX 231909 2528 NAVARRA DR. CARLSBAD CA 92009-7353 ENCINITAS CA 92023-1909 CARLSBAD CA 92009 ANNE HYSONG PLANNING DARRYL CLUBB STE 213 7909 SILVERTON AV SAN DIEGO CA 92126 . 2 . -SW3 VILLAGE DRIVE ZALIFORNIA 92008-1989 I * . . . . . . . me . . . . . . . . . . . . 0 ., B. DARRYL CLUBB MANAGING MEMBER PIRINEOS POINTE, LLC 7909 SILVERTON AVE #213 SAN DIEGO, CA 92126 df tlksrlsbtJh SBAD VILLAGE DRIVE ZALIFORNIA 92008-1989 . . . . . . . . . . . . . . . . . * . l - . . . . TRACEY M. WALLACE " 2630 PIRINEOS WAY #;O CARLSBAD, CA 92009 PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and connestion and diminish the quality of life in our community. N . I Address Subwdta “y Rmt Solacui n-r l-w m-a-o\ CcxJncr L fb?ce+In %* PETITION To the Carlsbad City Council r&;y;wit;eiquest that tt6&rl&ad Ci&Coun&ver turn approval of the 16-unit rental apartment project. This projec exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Name Address PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Name Address PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Name Address ’ PETITION To the Carlsbad City Council We join our neighbors to request that the Carl&ad City Council over turn the Planning Commission approval of the 16-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. . ‘. PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Name Address (,A/21 (judr;r+ 290 W&Q&Q VL ka+ VMA??aQ .De %!.7$- , ,Y’, ,, .i--+-“y-’ PETITION To the Carlsbad City Council we join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the l&unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise ality of life in our community. PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Name Address PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Address PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Name Address & */@a z&f’/ /vi&-# La,&&&/ c q? PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the IB-unit rental apartment project This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Name Address PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the IB-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Name Address PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16-unit rental apartment project This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16.unit rental apartment project This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the lity of life in our community. PETITION To the Carlsbad City Council We join our neighbors to request that the Carlsbad City Council over turn the Planning Commission approval of the 16-unit rental apartment project. This project exceeds the (14) fourteen unit density standard set by the Planning Dept. for this less than one acre lot. Our neighborhood is over dense by city standards and this project will add to present traffic noise and congestion and diminish the quality of life in our community. Lindsay Management Services A Division of Corporate Management Consultants, Inc. FLAK LA COSTA HOMEOWNERS’ ASSOCIATION City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 1, c owner of 7500 / 7512 Viejo Castilla Way, Unit Number i 8 am against the proposed Apartment Project on Pirineos Way. I am concerned with the density of the proposed project and the excess number of vehicles that this large a project will bring to the area. There is not one apartment complex located on Viejo Castilla Way, Pirineos Way, or on Navarra. We are private homes, condos, and town homes. My vote is AGAINST the Apartment Project of 16 plus units. Sincerely, Board of Directors Flave La Costa Homeowners’ Association Member of North County: (760) 436-l 144 From San Diego : (800) 479-4849 San Diego: (619) 299-2290 FAX (760) 436-2566 From North County: (800) 698-8834 FAX: (619) 299-5103 7720 El Camino Real, Suite 2A, 591 Camino de la Reina, Suite 1218 Carlsbad. CA 92009-8510 San Diego. CA 92108 COMMUNJN ASSOCIATIONS INSTITUTE I Lindsay Management Services A Division of Corporate Management Consultants, Inc. FLAVE LA COSTA HOMEOWNERS’ ASSOCIATION City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 , owner of 7500 / 7512 Viejo Castilla , & against the proposed Apartment Project on I am concerned with the density of the proposed project and the excess number of vehicles that this large a project will bring to the area. There is not one apartment complex located on Viejo Castilla Way, Pirineos Way, or on Navarra. We are private homes, condos, -and town homes. My vote is AGAINST the Apartment Project of 16 plus units. Sincerely, Board of Directors Flave La Costa Homeowners’ Association Member of North County: (760) 436-1144 San Diego: (619) 299-2290 From San Diego : (800) 479-4849 From North County: (800) 698-8834 FAX (760) 436-2566 FAX: (619) 299-5103 7720 El Camino Real, Suite ZA, 591 Camino de la Reina, Suite 1218 Cartsbad. CA 92009-85 lo San Diego, CA 92108 I COMMUNITY ASSOCIATIONS INSTITUTE I Lindsay Management Services A Division of Corporate Management Consultants, Inc. FLAVE LA COSTA HOMEOWNERS’ ASSOCIATION City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 1, LBcliZi I/. d&em owner of 7500 I 7512 Viejo Castilla Way, Unit Number 3, / 7 , am against ;he proposed Apartment Project on Pirineos Way. I am concerned with the density of the proposed project and the excess number of vehicles that this large a project will bring to the area. There is not one apartment complex lo&ted on viejo Castilla Way, Pirineos Way, or on Navarra. We are private homes, condos,. and town homes. My vote is AGAINST the Apartment Project of 16 plus units. 6 ~.Fy&&&& Sincerely, Board of Directors Flave La Costa Homeowners’ Association Member of North County: (760) 436-l 144 From San San Diego: (619) 299-2290 Diego : (800) 479-4849 FAX (760) 436.2566 From North County: (800) 698-8834 FAX: (619) 299.5103 7720 El Camino Real, Suite 2A. Cartsbad. CA 92009.85 lo 591 Camino de la Reina. Suite 1218 San Diego, CA 92108 I COMMUNITY ASSOCIATIONS INSTITUTE I Lindsay Management Services A Division of Corporate Management Consultants, Inc. Member FLAK LA COSTA HOMEOWNERS’ ASSOCIATION City of Carisbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 1, zL7~fJ pQ-A\#- owner of 7500 / 7512 Viejo Castilla Way, Unit Number Z 0 , am against ;he proposed Apartment Project on Pirineos Way. I am concerned with the density of the proposed project and the excess number of vehicles that this large a project will bring to the area. There is not one apartment complex located on Viejo Castilla Way, Pirineos Way, or on Navarra. We are private homes, condos; and town homes. My vote is AGAINST the Apartment Project of 16 plus units. Sincerely, Board of Directors Flave La Costa Homeowners’ Association 3550-Rrs-resident-7-1601 North County: (760) 436- 1144 From San Diego : (800) San Diego: (619) 299-2290 479-4849 FAX (760) 436-2566 From North County: (800) 698-8834 FAX: (619) 299-5103 7720 El Camino Real, Suite 2A, Carlsbad. CA 92009-8510 591 Camino de la Reina, Suite 1218 San CA 92108 Dieso. I COMMUNITY ASSOCIATIONS INSTJTUTE I Lindsay Management Services A Division of Corporate Management Consultants, Inc. FLAVE LA COSTA HOMEOWNERS’ ASSOCIATION City of Carisbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 1, “%mmF F -7,zfiM -r r rd owner of 7500 Way, Unit Number I ’ am against \he proposed A , Pirineos Way. I am concerned with the density of the proposed project and the excess number of vehicles that this large a project will bring to the area. There is not one apartment complex located on Viejo Castilla Way, Pirineos Way, or on Navarra. We are private homes, condos, -and town homes. My vote is AGAINST the Apartment Project of 16 plus Sincerely, Board of Directors Flave La Costa Homeowners’ Association 3550-lka-rasident-7-16-01 Member of North County: (760) 436-l 144 From San Diego : San Diego: (619) 299-2290 (800) 479-4849 FAX (760) 436-2566 From North County: (800) 698-8834 FAX: (619) 299-5103 7720 El Camino Real, Suite 2A. Carlsbad, CA 92009-8510 591 Caminq de la Reina, Suite 1218 San Diego. CA 92108 COMMUNITY ASSOCIATIONS INSTITUTE h PIRINEOS POINTE, LLC 16 UNIT LUXURY APARTMENT PROJECT PIRINOES WAY, LA COSTA 7909 SILVERTON AVENLJE. SUITE 213 PHONE: 858 689-8911 SAN DIEGO, CA 92126 FAX: 858 689-0234 September 18,200l City Council The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: SDP-0016 / Planning Commission Hearing Date: August 1,200l Appeal Hearing Date: September 18,200 1 Honorable Members of the City Council: As the project developer and Managing Member of Pirineos Pointe, LLC, its ownership entity, I am directing this letter to you in response to that certain “Appeal” as filed on August 10,200l. We, the applicant of SDP-0016, object to the style, form and content of the following items of appeal as listed in the Appeal Form under “Subject of Appeal” and “Reason for Appeal”: 1. Appellant item marked no. “ 1” lacks foundation and “SPECIFICS” for its proper consideration to be heard. Appellant claims there was “false information” but they fail to state what was false. By failing to give the applicant and Planning Staff adequate notice and detail of the grounds upon which they base their appeal the respondent parties would be deprived of due process if this item of appeal is heard because one can only speculate as to the grounds for including this as a legitimate item of appeal. Surely, if false information exists, as they allege, it would be a simple matter (as well as a required one) to refer to it saecificallv on the appeal form. Since they failed to do so, I request that this item be excluded from the appeal hearing proceedings. 2. Appellant item marked no. “4” challenges the City’s Planning Staff and the Planning Commission’s methods of determining “Density Precedence”. Their appeal lacks foundation and “SPECIFICS”. The reasons stated are vague and ambiguous. Again, one can only speculate as to the grounds for including this as a legitimate item of appeal. They failed to state & the City Planning Department misinterpreted the guidelines. Since they failed to do so, I request that this item be excluded from the appeal hearing proceedings, 3. Appellant item no. “5” is completely irrelevant The City of Carlsbad, its staff, departments, commissions and councils cannot and should not make decisions based on the manner in which title to private property is held. That decision rests solely with the property owner under State and Federal law. Furthermore, the imposition of any requirement to build condominiums would incorrectly force the owner to file a subdivision map. Requiring such would effectively constitute the prohibition of the building of an allowed use under City zoning and other guideline for an existing single lot project. Due to the general inappropriateness of this item of appeal, I request that it also be excluded from the appeal hearing proceedings. City Council City of Carlsbad September 18, 2001 Page 2 In conclusion, the Appellant failed in the above detailed items of their appeal to follow the stated requirements on the City’s Appeal Form where it is clearly indicated in large bold print to “BE SPECIFIC”. The lack of specifics and inadequate notice of the grounds upon which Appellant bases their appeal would deprive the owner of due process. Obviously, it is impossible to respond to the unknown elements of the allegations. I ask that the City Council grant this request to eliminate the above three items of appeal and proceed only on the remaining two items, no. “2”, the issue of inclusionary housing and no. “3”, the issue of the City’s use of the MUIR. Sincerely Yours, B. Darryl Clubb, Managing Member Pirineos Pointe, LLC CC: City Attorney J. Wiley Jones, Esq.