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HomeMy WebLinkAbout2004-06-15; City Council; 17670; BluffsAB# 17,670 BLUFFS 1 CT 02-18/CP 02-1O/SDP 03-03/CDP 03-35/HDP 02-09 MTG. 6-15-04 TITLE: DEPT. PLNN Project application(s) Environmental Review @ CITY MGR- Administrative Reviewed by and To be Reviewed - Approvals Final at Planning Final at Council Commission X RECOMMENDED ACTION: CT 02-1 8 CP 02-1 0 SDP 03-03 CDP 03-35 HDP 02-09 That the City Council ADOPT Resolution No. ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVING Carlsbad Tract 02- 18, Condominium Permit 02-1 0, Site Development Plan 03-03, Coastal Development Permit 03-35 and Hillside Development Permit 02-09, based on the findings and subject to the conditions contained therein. 2004-194 X X X X X On May 19, 2004, the Planning Commission recommended (5-0-2, Segall and Montgomery absent) approval, without revisions, of a 78-unit multifamily air-space condominium project on 5.33 acres of land located on the north and east side of Harrison Street, east of Adams Street and south of Chinquapin Avenue in LFMP Zone 1. The project which is comprised of a mix of two and three story buildings surrounding a common recreation area will include 68 market rate condominiums and 10 for-sale condominium units restricted to very low income households. A Tentative Tract Map is required for subdivision of the property and a Condominium Permit is required to allow an airspace condominium subdivision. A Hillside Development Permit is also required based on the subject’s existing topography. The Site Development Plan is required because the site is zoned RD-M-Q, and a density increase is proposed for the 10 unit very low affordable housing component of the project. The Mello I1 and Agua Hedionda Local Coastal Program segments bisect the property. Thus, it will necessitate a Coastal Development Permit from both the City and the California Coastal Commission. The project meets all applicable regulations and staff has no issues with the proposal. More detailed project information is included in the staff report to the Planning Commission. ENVIRONMENTAL: Based on an environmental impact assessment conducted by staff, potentially significant impacts related to noise impacts from traffic on Interstate 5 and potential paleotological resources were found to impact the project. Mitigation measures have been imposed to reduce those impacts to below a level of significance. The Planning Director issued a Notice of Intent to Issue a Mitigated Negative Declaration on January 21, 2004. No comments were received during the 30-day public review period. FISCAL IMPACT: All public infrastructure required by this project would be funded by the developer. I PAGE 2 OF AGENDA BILL NO. 17,670 EXHIBITS: 1. City Council Resolution No. 2004-194 2. Location Map 3. 4. 5. Planning Commission Resolutions No. 5634, 5635, 5636, 5637, 5638, and 5639 Planning Commission Staff Report, dated May 19, 2004 Draft Excerpts of Planning Commission Minutes, dated May 19, 2004. DEPARTMENT CONTACT: Van Lynch, (760) 602.461 3, vlync@ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A TENTATIVE TRACT MAP, CONDOMINIUM PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, AND HILLSIDE DEVELOPMENT PERMIT TO CONSTRUCT 78 AIRSPACE CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTH AND EAST SIDE OF HARRISON STREET, WEST OF ADAMS STREET AND SOUTH OF CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUFFS CASE NO.: CT 02-1 8/CP 02-1 O/SDP 03-03/CDP 03-35/ HDP 02-09 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did on May 19, 2004, hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map 02-1 8, Condominium Permit 02-1 0, Site Development Plan 03-03, Coastal Development Permit 03-35, and Hillside Development Permit 02-09 to develop 5.33 acres of land with 78 airspace condominium units and adopted Planning Commission Resolutions No. 5634, 5635, 5636, 5637, 5638, and 5639 recommending to the City Council that they be approved; and WHEREAS, the City Council did on the 15th day of June , 2004 hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and Hillside Development Permit and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and Hillside Development Permit. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 P 21 22 23 24 25 26 27 28 The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. 2. That the above recitations are true and correct. That the findings and conditions of the Planning Commission in Planning Commission Resolutions No. 5635, 5636, 5637, 5638, and 5639 constitute the findings and conditions of the City Council in this matter. 3. That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program is adopted for Tentative Tract Map 02-1 8, Condominium Permit 02-1 0, Site Development Plan 03-03, Coastal Development Permit 03-35, and Hillside Development Permit 02-09 as shown in Planning Commission Resolution No. 5634, on file with the City Clerk and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15th day of June 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None / 1 . WOOD, City Clerk Resolution No. 2004-194 Page Two -2- EXHIBIT 2 SITE BLUFFS CT 02-1 8lCP 02-1 OISDP 03-031 CDP 03-35lHDP 02-09 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5634 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO SUBDIVIDE, GRADE AND CONSTRUCT A 78 UNIT 4IRSPACE CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON THE NORTH AND EAST SIDE OF HARRISON STREET, WEST OF ADAMS STREET AND SOUTH OF CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUFFS CASE NO.: CT 02-18/CP 02-10/SDP 03-03/CDP 03-35/ HDP 02-09 WHEREAS, Anastasi Development Company, LLC, a Limited ~bility Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 3, 7, 8,9 and 10 inclusive, in Block “A” and Lots 1,2, 3, 5, and 6 inclusive in Block “D” of resubdivision of portions of Tract 238 and 243 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2103, filed in the Office of the County Recorder of San Diego, April 3,1928 (“the Property”); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 19th day of May 2004, 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 Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6, Commission as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and mitigation monitoring and reporting program, Exhibit “ND” according to “NOI” dated January 21, 2004 and “PII” dated January 7, 2004. attached hereto and made a part hereof, based on the following findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Mitigated Negative Declaration for BLUFFS - CT 02-18/CP 02-10/SDP 03-03KDP 03-35/HDP 02-09, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated 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 EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions: 1. The Developer shall implement or cause the implementation of the Bluffs Mitigation Monitoring and Reporting Program. ... ... .. ... ... PC RES0 NO. 5634 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 2t 2; 22 C mmissi PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning of the City of Carlsbad, California, held on the 19th day of May 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, . and Whitton NOES: None ABSENT: Commissioners Montgomery and Segall ABSTAIN: None - /(L:-c, '7 7 - ' I' < ;, ,':; L MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOMMIL&R Planning Director PC RES0 NO. 5634 -3- - City of Carlsbad MITIGATED NEGATIVE DECLARATION CASE NAME: The Bluffs CASE NO: CT 02- 18/CP 02- 1 O/HDP 02-09/SDP 03-03 PROJECT LOCATION: of Chinquapin and west of Adams Street. APN 206-120-03,08 thru 12, 14, 15. 4120 Harrison Street, on the noi-th and east side of Harrison Street, south PROJECT DESCRIPTION: The subdivision, grading and construction of 78 multifamily dwelling units on 5.33 acres. The project includes 10 affordable dwelling units, RV parking, passive and active recreational areas, street improvements and off site grading for street improvements for Harrison Street. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: Ixl 0 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. The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 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. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: ATTEST: MICHAEL J. HOLZMILLER Planning Director 9 63 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us - City of Carlsbad NOTICE OF INTENT TO ADOPT -4 MITIGATED NEGATIVE DECLAR4TION CASE NAME: The Bluffs CASE NO: CT 02-1 8/CP 02-10/HDP 02-09/SDP 03-03 PROJECT LOCATION: south of Chinquapin and west of Adams Street. APN 206-120-03,08 thru 12, 14, 15. 4120 Harrison Street, on the north and east side of Harrison Street, PROJECT DESCRIPTION: The subdivision, grading and construction of 78 multifamily dwelling units on 5.33 acres. The project includes 10 affordable dwelling units, RV parking, passive and active recreational areas, street improvements and off site grading for street improvements for Hamson Street. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration are 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 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. PUBLIC REVIEW PERIOD PUBLISH DATE January 2 1,2004 January 2 1,2004 to February 2 1,2004 /o 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www. ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 CASE NO: CT 02-18/CP 02-10/HDP 02-09/SDP 03-03 DATE: January 7,2004 BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: The Bluffs LEAD AGENCY NAME AND ADDRESS: City of Carlsbad, 1635 Faraday Avenue, Carlsbad CONTACT PERSON AND PHONE NUMBER: Van Lynch (760) 602-4613 PROJECT LOCATION: 4120 Harrison Street, on the north and east side of Harrison Street, south of Chinauapin and west of Adams Street PROJECT SPONSOR’S NAME AND ADDRESS: Anastasi Development Company, LLC, 1200 Aviation Blvd. Redondo Beach, CA 90278 GENERAL PLAN DESIGNATION: Residential Medium High (8 to 15 du/ac) ZONING: Residential Density Multiple - Oualified overlay zone (RDM-O) OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (Le., permits, financing approval or participation agreements): California Coastal Commission PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The subdivision, mading and construction of 78 multifamily dwelling units on 5.33 acres. The proiect includes 10 affordable dwelling units, RV parking, passive and active recreational areas, street improvements and off site mading for street improvements for Harrison Street. The site is 300 feet northerly of Aqua Hedionda Lagoon and 300 feet easterly of Interstate 5 in an urbanized area surrounded bv existing single- and multi-family housing and existing publicly dedicated roadways. The northerly half of the property is relatively flat and is covered in annual grasses with a remnant avocado grove on the easterly property line. The southerly half is split between annual masses and an avocado move with the topography mostly flat and dropping roughly 22 feet in elevation (15%) at the southerly 114 to existing Harrison Street. Elevation ranges from 76 to 74 feet across most of the site and down to 50 at the very southerly end. Aerial photos from the late 60’s show the site covered by Avocado groves with the southern tip being fallow and at least one residence on the site. Surrounding land uses are single family to the east and south and multi-family housing to the west and north and a few vacant residentially land uses designated 1 Rev. 07/03/02 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this projec:. 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. 0 Aesthetics 0 Geology/Soils Noise ., Agricultural Resources 0 Hazards/Hazardous Materials 0 and.Housine 0 Air Quality HydrologyNater Quality 0 Public Services Biological Resources 0 Land Use and Planning 0 Recreation Cultural Resources 0 Mineral Resources 0 TransportatiodCirculation 0 Utilities & Service Systems 0 Mandatory Findings of Significance 2 12 Rev. Q7lQ3lQ2 DETERMINATION. (To be completed by the. Lead Agency) 0 [x1 0 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. .. I find that although the proposed project could have a significant effect on the environment. there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A 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 “potentially significant impact(s)” on the environment, but at least one potentially significant impact 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 Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 3 13 Rev. 07/03/02 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 significantly adverse, 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 significantly adverse. Based on an “EIA-Part 11”, if a proposed project could have a potentially significant adverse effect on the environment, but potentially significant adverse 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. , When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse 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 adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse 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. 4 Rev. 07/03/02 0 An EIR & be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circunlstances: (1) the potentially significant adverse 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 adverse impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EM-Part I1 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. 5 15 Rev. 07/03/02 Issues (and Supporting Information Sources). I. AESTHETICS - Would the project: Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings wihn a State scsnic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? 11. AGRICULTRAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1 997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 111. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated 0 0 0 0 0 0 0 0 o Less Than Significant Impact 0 Ix1 0 0 0 0 0 IXI No Impact El Ixl 0 Ixl IXI IXI Ixl 0 6 lb Rev. 07/03/02 . Issues (and Supporting Information Sources). c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to Substantial pollutant concentrations? ./ e) Create objectionable odors affecting a Substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: Have a Substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or US. Fish and Wildlife Service? Have a Substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or US. Fish and Wildlife Service? Have a Substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or nligratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Impact tributary areas that are environmentally sensitive? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated 0 0 0 0 0 0 0 0 0 0 0 0 0 CI 0 0 0 0 Less Than Significant No Impact Impact OIXI om om 7 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Unless Mitigation Incorporated Potentially Significant Impact Less Than Significant No Impact Impact V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource .as defined in $15064.5? 0 0 OIxl b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? 0 Ixl 0 c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? 0 0 Ixl 0 d) Disturb any human remains, including those interred outside of formal cemeteries'? Ixlo VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 0 0 ii. Strong seismic ground shahg? 0 0 0 0 OIXI OIXI iii. Seismic-related ground failure, including liquefaction? 0 0 iv. Landslides? om om b) Result in substantial soil erosion or the loss of topsoil'? 0 0 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? 0 0 d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? 0 0 18 Rev. 07/03/02 8 Issues (and Supporting Information Sources). e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS hlATERIALS - Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless h.1 itigation Incorporated 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 0 0 NO Impact E Ixl Ixl Ix1 ixl ixl Ix1 Ixl IXI IXI 9 Rev. 07/03/02 Issues (and Supporting Information Sources). Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (Le., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Impacts to groundwater quality? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Place within 100-year flood hazard area structures, which would impede or redirect flood flows? Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? Increased erosion (sediment) into receiving surface waters. Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g.. temperature, dissolved oxygen or turbidity)? Potentially Significant Impact 0 0 cl 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 0 Ixl 0 Less Than Significant Impact 0 0 I7 IXI 0 0 0 0 0 0 0 NO Impact IXI [XI IXI KI 0 IXI IXI [XI IXI Ixl 0 (XI 10 20 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Unless Mitigation Incorporated Potentially Significant Impact Less Than Significant Impact NO Impact n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? 0 0 0 0 0 0 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? 0 0 0 [XI IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? 0 0 0 0 Ixl [XI b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 0 0 c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 0 0 IXI X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 0 0 Ix1 Ixl b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 0 0 XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? 0 IXI 0 b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 0 0 0 0 0 0 0 Ix1 (XI IXI c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 11 Rev. 07/03/02 Issues (and Supponing Information Sources). Potentially Significant Unless Mitigation Incorporated Potentially Significant Impact Less Than Significant Impact KO Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or worlung in the project area to excessive noise levels? 0 0 0 f) For a project within the vicinity of a private airstrip. would the project expose people residing or working in the project area to excessive noise levels? 0 XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 0 0 0 Ixl b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0 0 0 IXI IXI c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 0 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? 0 0 0 0 0 0 0 0 0 0 0 Ixl 1x1 1x1 IXI [XI ii) Police protection? 0 iii) Schools? 0 iv) Parks? v) Other public facilities? XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 0 Ixl 2A Rev. 07/03/02 12 Issues (and Supporting Information Sources). b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)'? Result in inadequate emergency access? Result in insufficient parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact 0 cl 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 cl 0 0 0 0 Less Than Sign i ficmt Impact 0 Ixl Ixl 0 0 0 0 0 0 0 0 0 so Impact Ixi 0 0 IXI IXI IXI IXI IXI KI IXI IXI IXI 13 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant KO Impact Incorporated Impact Impact 0 ow e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? 0 0 ow f) Be served by a landfill ‘with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? 0 OIXI g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. 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? 0 0 0 IXI o 0 OIX] b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively 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?) 0 0 om c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. 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: 4 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. 14 Rev. 07/03/02 . DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS- The project is designed to be sensitive to the topography of the site and the building mass follo\\-s the slope of the property thereby reducing the visual mass of the buildings. The buildings also incorporate varied building planes, rooflines, building materials and colors that reduce the visual impact of the project. The site is not located between the first public roadway and the lagoon, therefore not obstructing vie\vs of the lagoon. AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is IocateJ in the San Diego Air Basin which is a federal and state non-attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PM,o). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (AFCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP andor RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is Consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15 125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: Is a regional air quality plan being implemented in the project area'? Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and-as such, is located in an area where a R4QS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. (Add the following text addressing short-term emissions, if there is grading associated with the project.) The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard 15 Rev. 07/03/02 af (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air bash As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15 130 (a)(?), the proposed project’s contribution to the cumulative impact is considered de mininrus. Any impact is assessed as less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. As noted above, the proposed project would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Create objectionable odors affecting a substantial number of people? No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. BIOLOGICAL RESOURCES - No significant biological resources have been identified on the site. CULTURAL RESOURCES - Although no paleontological resources have been identified on the project site, there is the potential for fossil resources to be discovered during excavation. The project has been conditioned to have a paleontologist on site during excavation. a. A qualified paleontologist shall be retained to perform periodic inspections of excavations and, if necessary, salvage exposed fossils. The frequency of inspections will depend on the rate of excavations, the materials being excavated, and the abundance of fossils. b. The palentologist shall be allowed to divert or direct grading in the area of an exposed fossil to facilitate excavation and, if necessary, salvage. c. Because of the small nature of fossils present in these rock units, matrix samples should be collected for processing through fine mesh screens. d. Provisions for preparation and curation shall be made before the fossils are donated to their final repository. e. All fossils collected should be donated to a museum with a systematic palentological collection, such as the San Diego National History Museum. HYDROLOGY AND WATER QUALITY - The project has been conditioned to implement Best Management Practices and develop a Storm Water Management Plan to eliminate any off site impacts as a result of runoff. The project site is located 300 feet north of the Agua Hedionda Lagoon, a CWA Section 303(d) listed impaired water body. The project is conditioned to limit grading to the dry season to reduce the potential to cause impacts in the form of sedimentation and pollutants from entering the lagoon to a level of insignificance. NOISE- The project is subjected to roadway noise generated from the Interstate Five freeway. The noise report for the project identifies noise mitigation measures that will reduce the impact to a level of insignificance. The project is conditioned to implement the mitigation measures of the noise study (Prepare an interior acoustical analysis to insure interior noise levels do not exceed 45 &A Cnel and implement the recommended construction details for noise attenuation). The project is conditioned to record a notice of restriction that the project is in proximity to a major circulation roadway and subject to roadway noise. 16 Rev. 07/03/02 PUBLIC SERVICES/RECREATION - The project is conditioned to provide proof of availability of senice and will pay statutory fees for mitigation of impacts to school facilities. The project is also subject to the Local Facility Management Plan for Zone 1 to provide adequate public services to reduce impacts to a level of insignificance. TRANSPORTATION/TRAFFIC-\.Vould the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The project will generate 624 Average Daily Trips (ADT) and 62 peak hour trips. This traffic will utilize the following roadways Harrison St, Chinquapin Ave, Adams St. While the increase in traffic from the proposed project mry be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR 78 1-5 Existing ADT* - LOS Buildout ADT* 15-32 “A-C” 28-43 21-50 “A-C” 32-65 10-52 “A-B” 29-77 120 “F” 144 183-198 “D” 2 19-249 *The numbers are in thousands of daily trips. The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E”, or LOS “F” if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the full implementation of the region’s general and community plans. The proposed project is consistent with the general plan and, therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) “E” standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short- term and at buildout. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project does not include any aviation components. The project is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) Substantially increase hazards due to a design feature or incompatible uses? No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City’s general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. 17 Rev. 07/03/02 e) Result in inadequate emergency access? No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) Result in inadequate parking capacity? No Impact. The proposed project is not requesting a parking variance. Additionally, the project ivould coniply with the City’s parking requirements to ensure an adequate parhng supply. No impact assessed. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks,.etc.)? No Impact. The project is not served by or not located in an area conducive to public transportation. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES 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. 1. 2. 3. 4. 5. 6. 7. Final Master Environmental Imuact ReDort for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. Preliminary Bioloeical Assessment. the Bluffs. Carlsbad, CA Planning Systems, January 4, 2004 Preliminary Drainaee Studv for The Bluffs, O’Day Consultants, Job No. 01-1022, October 20,2003 Storm Water Manacement Plan for The Bluffs. CT 02-18, O’Day Consultants, July 2003 Sewer Studv for The Bluffs Proiect in the Citv of Carlsbad, Revised October 15. 2003, Dexter Wilson Engineering, Inc. Water Svstem Analvsis for The Bluffs Proiect in the CiW of Carlsbad, Revised October 15, 2003 Dexter Wilson Engineering Inc. Noise Analvsis for “The Bluffs” Citv of Carlsbad, Mestre Greve Associates, Dated June 5,2003 18 Rev. 07/03/02 LIST OF MITIGATING MEASURES (IF APPLICABLE) All construction activities shall be planned so that grading will occur in units that can be easily completed u itliin the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. .4ll areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 nith temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as 3 formal amendment to an existing coastal development permit. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) and 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 tenants of the following: A. All residents 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 thnners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. D. SWPPP will include calculations of anticipated pollutant loading, and sizing of structural BMPs to remove pollutants prior to storm water entering a storm drain. Required maintenance of the BMPs and the maintenance interval will be specified for each BMP. 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. E. A qualified paleontologist shall be retained to perform periodic inspections of excavations and, if necessary, salvage exposed fossils. The frequency of inspections will depend on the rate of excavations, the materials being excavated, and the abundance of fossils. The palentologist shall be allowed to divert or direct grading in the area of an exposed fossil to facilitate excavation and, if necessary, salvage. Because of the small nature of fossils present in these rock units, matrix samples should be collected for processing through fine mesh screens. Provisions for preparation and curation shall be made before the fossils are donated to their final repository. All fossils collected should be donated to a museum with a systematic palentological collection, such as the San Diego National History Museum. Prepare an interior acoustical analysis to insure interior noise levels do not exceed 45 dBA Cnel and implement the mitigation measures found in the noise report prepared by Mestre Greve and Associates dated June 5,2003. Project shall record a notice of restriction that the property is subject to roadway noise from Interstate 5. 19 Rev. 07/03/02 APPLICANT CONCURRENCE WITH MITIGATION hIEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND COSCVR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 20 Rev. 07/03/02 30 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of I 0 z P) C C C m .- h ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 2 of 2 0: d c 0 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 3 of 3 0 z ci ,. 0 z m E 6 't a, a 0 c U a, C e- hi 'if m!?! "a, .% n 2- a3 c .- 6 ;ti fi ci 1 r L - 4 4 E c I E S 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5635 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 5.33 ACRES INTO A 78 UNIT AIRSPACE CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH AND EAST SIDE OF HARRISON STREET, WEST OF ADAMS STREET AND SOUTH OF CHINQUL2PIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUFFS APPROVAL OF CARLSBAD TRACT CT 02-18 TO CASE NO.: CT 02- 18 WHEREAS, Anastasi Development Company, LLC, a Limited Liability Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 3, 7, 8, 9 and 10 inclusive, in Block “A” and Lots 1, 2, 3, 5, and 6 inclusive in Block “D” of resubdivision of portions of Tract 238 and 243 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2103, filed in the Office of the County Recorder of San Diego, April 3,1928 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “JJ” dated May 19, 2004, on file in the Planning Department BLUFFS - CT 02-18, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of May 2004, 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 persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. 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. 33 1 2 1 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 Commission RECOMMENDS APPROVAL of BLUFFS - CT 02-18, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is cmsistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with all the minimum requirements of Titles 20 and 21 governing airspace subdivisions and the design of multi-family condominiums. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Medium-High density development on the General Plan, and are developed with multi-family development with a comparable housing type and density. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by the applicable zoning ordinances are incorporated into the project without the need for variances from development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. The street vacation of Locust Street does not conflict with the Circulation Element of the General Plan as it is not a Circulation Element roadway and does not disrupt the local traffic patterns as the street is not improved to local street standards. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented in a manner that allows for solar exposure and will receive prevailing breezes. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project site has been previously developed with single-family homes and agricultural uses and is surrounded by residential development. PC RES0 NO. 5635 -2- 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. 16. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated May 19,2004. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 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. 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. PC RES0 NO. 5635 -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 Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all condi ions shall be satisfied prior recordation or issuance of grading permit, whichever occurs first. I final map 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 Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map 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. 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. 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 Tentative Tract Map, (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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Department a reproducible 24” x 36” mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. PC RES0 NO. 5635 -4- 31 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 7. 8. 9. 10. 11. 12. 13. 14. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits 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. A note to this effect shall be placed on the Final Map. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CP 02-10, SDP 03-03, CDP 03- 35 and HDP 02-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5634, 5636, 5637, 5638 and 5639 for those other approvals incorporated herein by reference. 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 10 dwelling units as “for-sale” affordable units for a minimum of thirty years in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. Ten units within Building “0” shall be reserved for very low-income households (maximum 50% Area Median Income (AMI)). 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. 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. 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. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. PC RES0 NO. 5635 -5- 38 1 2 1 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. b. C. d. General Enfcrcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is PC RES0 NO. 5635 -6- 39 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 16. 17. 18. 19. 20. 21. 22. e. f. g. levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions andor to pursue lien foreclosure procedures against any Owner and hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape mcintenance responsibilities shall be as set forth in Exhibit Balconies, trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit No room additions whether habitable or not or conversions of patios or open deckshalconies to enclosed areas or habitable space will be permitted. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to the project shall be required. Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. All individually identified “Streets” shall be given a unique street name per the Fire Marshal. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. PC RES0 NO. 5635 -7- 40 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 23. 24. 25. 26. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets. in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. 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 Carlsbad Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and Hillside Development Permit by Resolutions No. 5635, 5636, 5637, 5638, and 5639 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Engineering General 27. 28. 29. 30. 31. 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. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). PC RES0 NO. 5635 -8- 41 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 “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.” The limits of these sight distance corridors shall be reflected on any improvement. grading, or landscape plan prepared in association with this development 32. Developer shall apply for the vacation of Locust Street as identified on the Tentative Map. The vacation of the public street shall be completed prior to recordation of the final map or issuance of any grading permits. FeedAgreements 33. 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. 34. 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 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 35. 36. 37. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to the issuance of a building permit for this project. Dedications/Improvements 38. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or PC RES0 NO. 5635 -9- a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39. 40. 41. 42. 43. 44. 45. other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map and/or separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading 3r building permit. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, the private street and drainage improvements onsite, as well as all public improvements shown on the tentative map including, but not limited to: paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing 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. The improvements are: a) b) c) d) The onsite public water system including appurtenances. The onsite public sanitary sewer system. Improvements to Harrison Street, Adams Street and Chinquapin Avenue as generally shown on the Tentative Map. Storm drain improvements downstream of the site as identified on the Tentative Map. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall execute and record a City standard Basin Maintenance Agreement prior to the approval of grading, building permit or final map, whichever occurs first for this Project. Harrison Street shall be dedicated by Owner along the project frontage based on a centerline to right-of-way width of thirty feet and in conformance with City of Carlsbad Standards. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along and within the subdivision boundary. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 A PC RES0 NO. 5635 -10- 43 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 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24-hour storm durations shall be analyzed to deterniine the detention basin capacities necessary to accomplish the desired results. 46. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storni 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 containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 47. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. C. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. d. PC RES0 NO. 5635 -1 1- 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 48. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. d. e. f. 49. Prior to occupancy, Developer shall install streetlights along all public and private street frontages abutting and/or within the subdivision in conformance with City of Carlsbad Standards. 50. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. 5 1. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers abutting the subdivision in conformance with City of Carlsbad Standards. Final Map Notes 52. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. 2. The public water and system and associated appurtenances serving the property. The sanitary sewer systems serving the property. Laterals connecting the individual units to the main line are to be privately maintained. Maintenance shall be covered in the project’s CC&Rs. 53. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. PC RES0 NO. 5635 -12- 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 54. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Water: 55. 56. 57 58. 59. 60. 61. 62. 63. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if 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. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s1 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 install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. The Developer shall provide separate potable water meters for each separately owned unit. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the PC RES0 NO. 5635 -13- ;sl 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 improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. - Fire: 64. All buildings with the notable exception of the community (pool) building(s) shall be required to have installed an approved Automatic Fire Sprinkler system. 65. Each building shall have the required water flow (Fire sprinkler) alarm bell be placed on the address side of the building. 66. Each unit shall be addressed separately. 67. All streets shall be designated as FIRE LANES in perpetuity and as such, no on-street parking shall be permitted outside of designated parking areas. This shall also require the posting of approved signage. 68. Any present or future plans or interest in installing gates across any or all of the access drives shall be required to be submitted to the Carlsbad Fire Department for approval. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 69. 70. 71. 72. 73. 74. 75. 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. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 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. PC RES0 NO. 5635 -14- 47 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 76. 77. 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. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permi: the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 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 approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... PC RES0 NO. 5635 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of May 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, and Whitton NOES: None ABSENT: Commissioners Montgomery and Segall ABSTAIN: None / I , ,, / /y ;" I/ . , - I c .'- -L- MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director . PC RES0 NO. 5635 -16- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5636 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 5.33 ACRES INTO A 78 UNIT AIRSPACE CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATE9 ON THE NORTH AND EAST SIDE OF HARRISON STREET, WEST OF ADAMS STREET AND SOUTH OF CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUFFS CASE NO.: CP 02-10 APPROVAL OF CONDOMINIUM PERMIT 02-10 TO WHEREAS, Anastasi Development Company, LLC, a Limited Liability Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 3, 7, 8, 9 and 10 inclusive, in Block “A” and Lots 1, 2, 3,5, and 6 inclusive in Block “D” of resubdivision of portions of Tract 238 and 243 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2103, filed in the Office of the County Recorder of San Diego, April 3, 1928 (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits “A” - “JJ” dated May 19, 2004, on file in the Planning Department, BLUFFS - CP 02-10 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of May 2004, 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 persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit. 50 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commissim RECOMMENDS APPROVAL of BLUFFS CP 02-10, based on the following findings and subject to the following conditions: FindinPs: 1. That the proposed project’s density, site design and architecture are compatible with surrounding development, in that the proposed project of 78 condominiums (1 4.6 du/ac) on the subject site is consistent with the allowable density range of the RMH (8-15 du/ac) General Plan designation. As discussed in the staff report, the site is designed to be consistent with the applicable development standards and the proposed residential use is compatible with adjacent existing and planned multi- family residential land uses. 2. That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that as discussed in the staff report the proposed project of 78 condominiums on the subject site conforms with all the design and development standards applicable to the property as contained in Chapter 21.45 of the Carlsbad Municipal Code and the project is compatible with existing surrounding residential development. Conditions: Note: 1. 2. Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of grading permit, whichever occurs first. 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 Condominium Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit 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. PC RES0 NO. 5636 -2- 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CT 02-18, SDP 03-03, CDP 03- 35 and HDP 02-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5634, 5635, 5637, 5638 and 5639 for those other approvals incorporated herein by reference. 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 feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... PC RES0 NO. 5636 -3 - 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 19th day of May 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, and Whitton NOES: None ABSENT: Commissioners Montgomery and Segall ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: v MICHAEL J. HOLZMILLI~ Planning Director PC RES0 NO. 5636 -4- 53 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. 5637 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CONSTRUCT A 78 UNIT AIRSPACE CONDOMINlUM PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH -WD EAST SIDE OF HARRISON STREET, WEST OF ADAMS STREET AND SOUTH OF CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: BLUFFS APPROVAL OF SITE DEVELOPMENT PLAN 03-03 TO CASE NO.: SDP 03-03 WHEREAS, Anastasi Development Company, LLC, a Limited Liability Company, “Developer/Owner,” described as Lot 3, 7, 8, 9 and 10 inclusive, in Block “A” and Lots 1, 2, 3, 5, and 6 inclusive in Block “D” of resubdivision of portions of Tract 238 and 243 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2103, filed in the Office of the County Recorder of San Diego, April 3, 1928 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “JJ” dated May 19,2004, on file in the Planning Department, BLUFFS - SDP 03-03 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of May, 2004, 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. 3-4 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 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of BLUFFS - SDP 03-03 based on the following findings and subject to the following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consictent 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 located in an area of medium to high density projects and is in conformance with the Land Use Element of the General Plan by developing at 14.6 du/ac which is within the density range of 8 to 15 du/ac; the site or surroundings will not be adversely impacted as there are no significant habitats present and adjacent properties are already developed; and that the traffic circulation will not be affected as the local roadways are existing. The proposed vacation of Locust Street will not impact circulation, as the roadway does not presently exist as an improved roadway. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that all of the project’s buildings, parking, open space, and other amenities can be provided without the need for variances. 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 the required setbacks and incorporates architectural enhancements and landscaping consistent with the Planned Development Ordinance and City of Carlsbad Landscape Manual. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the additional 624 ADT generated by the project will not significantly impact the surrounding road segments or intersection levels of service. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan. PC RES0 NO. 5637 -2- j”r” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 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. 3. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CT 02-18, CP 02-10, CDP 03- 35, and HDP 02-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5634, 5635,5636,5638 and 5639 for those other approvals incorporated herein by reference. 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 feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations. has previously otherwise expired. ... PC RES0 NO. 5637 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 19th day of May 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, and Whitton NOES: None ABSENT: Commissioners Montgomery and Segall ABSTAIN: None MELISSA WHITE, Chairperson CAFUSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLMILLIM Planning Director PC RES0 NO. 5637 -4- 57 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. 5638 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 35 ON PROPERTY GENERALLY LOCATED ON THE NORTH AND EAST SIDE OF HARRISON STREET, WEST OF ADAMS STREET AND SOUTH OF CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUFFS APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 03- CASE NO.: CDP 03-35 WHEREAS, Anastasi Development Company, LLC, a Limited Liability Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 3, 7, 8, 9 and 10 inclusive, in Block “A” and Lots 1, 2,3,5, and 6 inclusive in Block “D” of resubdivision of portions of Tract 238 and 243 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2103, filed in the Office of the County Recorder of San Diego, April 3,1928 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “JJ” dated May 19, 2004, on file in the Planning Department, BLUFFS - CDP 03-35 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of May 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BLUFFS - CDP 03-35 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the development does not obstruct public views of the coastline as seen from public lands or rights-of-way; no agricultural activities, sensitive resources, public access or shoreline access, or water-oriented recreation activities are impacted. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that there are no public access or recreation requirements for the property. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone (Chapter 21.204 of the zoning Ordinance). The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the land Use Plan, certified September 1990 and, therefore, is not subject to the Coastal Agricultural Overlay Zone (Chapter 2 1.201 of the Zoning Ordinance). Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 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 Coastal Development Permit. PC RES0 NO. 5638 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CT 02-10, CP 02-10, SDP 03- 03, and HDP 02-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5634,5635,5636, 5637 and 5639 for those other approvals incorporated herein by reference. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.2 10 of the Zoning Ordinance. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development permit. The Developer shall apply for and obtain approval of a Coastal Development Permit for the portion of the project within the Agua Hedionda LCP issued by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to the project approvals shall be required. 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 PC RES0 NO. 5638 -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 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside. void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT -WPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of May 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, and Whitton NOES: None ABSENT: Commissioners Montgomery and Segall ABSTAIN: None / \- ' ' ,') L- , ,,, I, 4 ' <-. ___, ,., -( MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZ~ILL& Planning Director PC RES0 NO. 5638 -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 PLANNING COMMISSION RESOLUTION NO. 5639 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP NORTH AND EAST SIDE OF HARRISON STREET, WEST OF ADAMS STREET AND SOUTH OF CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUFFS 02-09 ON PROPERTY GENERALLY LOCATED ON THE CASE NO: HDP 02-09 WHEREAS, Anastasi Development Company, LLC, a Limited Liability Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 3, 7, 8, 9 and 10 inclusive, in Block “A” and Lots 1, 2, 3, 5, and 6 inclusive in Block “D” of resubdivision of portions of Tract 238 and 243 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2103, filed in the Office of the County Recorder of San Diego, April 3,1928 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A” - “JJ” dated May 19, 2004, on file in the Carlsbad Planning Department, BLUFFS - HDP 02-09, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of May 2004, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BLUFFS - HDP 02-09 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly identified and are incorporated in the design. The project is designed to relate to the slope of the land and alteration of the natural hillside will be done in an environmentally sensitive manner so that the Agua Hedionda lagoon will be protected from increased erosion. The site does not contain any natural resources, wildlife habitats, or native areas; therefore, no substantial impacts will occur. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the project site does not have any undevelopable portions as defined by Section 21.53.230. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project complies with the design standards contained in the manual which include screening of manufactured slopes, grading within the acceptable grading quantities, and hillside architecture by stepping the buildings with the slope and roof pitches following the slope direction. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 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 Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. PC RES0 NO. 5639 -2- b3 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 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CT 02-18, CP 02-10, SDP 03- 03, and CDP 03-35 and is subject to all conditions contained in Planning Commission Resolutions No. 5634, 5635,5636,5637 and 5638 for those other approvals incorporated herein by reference. 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 feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... ... PC RES0 NO. 5639 -3- I r L - f! 4 I 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commi sion of the City of Carlsbad, California, held on the 19th day of May 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, and Whtton NOES: None ABSENT: Commissioners Montgomery and Segall ABSTAIN: None I ' I ,-,' .i, ;/ ' /,, /. ,;< .'( ,' 2 /./ MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5639 -4- EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: May 19,2004 Application complete date: November 19, 2003 Project Planner: Van Lynch Project Engineer: John Maashoff SUBJECT: CT 02-18/CP 02-10/SDP 03-03/CDP 03-39HDP 02-09 - BLUFFS - Request for a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and Hillside Development Permit to allow the construction of a 78-unit condominium project on 8 contiguous parcels located on the north and east side of Harrison Street, west of Adams Street and south of Chinquapin Avenue in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5634 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 5635, 5636,5637, 5638, and 5639 RECOMMENDING APPROVAL of Tentative Tract Map CT 02- 18, Condominium Permit CP 02-10, Site Development Plan SDP 03-03, Coastal Development Permit CDP 03-35, and Hillside Development Permit HDP 02-09 based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposal involves the subdivision, grading and construction of a 78-unit multi-family air- space condominium project on 5.33 acres of land located on the north side of the Harrison Street “bend,” between Adams Street and Chinquapin Avenue in LFMP Zone 1. A Tentative Tract Map is required for subdivision of the property and a Condominium Permit is required to allow an airspace condominium subdivision. A Hillside Development Permit is also required based on the existing topography. The Site Development Plan is required because the site is zoned RD-M- Q, and a density increase is proposed for the 10-unit affordable housing component of the project. The property is bisected by the Mello I1 and Agua Hedionda LCP segments. Thus, it will necessitate a Coastal Development Permit from both the City and the California Coastal Commission. The project meets all applicable regulations and staff has no issues with the proposal. 111. PROJECT DESCRIPTION AND BACKGROUND The applicant, Anastasi Development Company, has requested a Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit, and a Hillside Development Permit, to allow the construction of a multi-family residential project consisting of 78 condominium units. The 5.33-acre property is an accumulation of eight existing lots in a semi-rectangular shape. On these previously developed lots presently exists an abandoned CT 02-18/CP 02-10/SDP 03-03/CDP 03-35kIDP 02-09 - BLUFFS May 19,2004 Pane 2 single-family structure with detached garage, and two abandoned foundation slabs. The site also has .3 acres of a remnant avocado grove. Neighboring adjacent lots along Adams Street to the east include three existing single-family homes, and an existing vacant lot along Chinquapin Avenue. The property is characterized as relatively flat, but slopes downward gradually from north to south to a more steeply sloping portion at the south end. Off-site to the north, across Chinquapin Avenue are three existing apartment complexes. In addition, to the west of the subject property across Harrison Street is another apartment complex, a condominium complex and, rounding the bend to the south, several single family homes are situated on the bluff above Agua Hedionda Lagoon. The project includes street improvements to Harrison Street, including the south side at the “bend,” and Chinquapin Avenue. Locust Street, an unimproved publicly dedicated street that runs east and west between Adams Street and Harrison Street, is to be vacated. The project is being proposed at a density of 14.6 units per acre. The General Plan Land Use and LCP land use designation both allow densities to range from 8 to 15 units per acre with the Growth Management Control point being 11.5 units per acre. The project is requesting units from the “excess dwelling unit bank” pursuant to City Council Policy 43. The project site is zoned for Residential Density-Multiple that allows multiple dwellings as a permitted use. The proposed project involves four different types of buildings. As shown on Exhibit “M,” two- story Buildings A and B are located along the southern frontage of Harrison Street and include twelve 2,233 sq. ft. three-bedroom units (six units in each building). These buildings have views to the south (Agua Hedionda Lagoon, and the Pacific Ocean coastline). Buildings C and D are located just north of Buildings A and B in the center portion of the subject property, and consist of 2-story units over an individual 2-car garage (3 stories total) and contain 9 3-bedroom 1,672 sq. A. units. Distributed throughout the center of the site, Buildings E through N consists of 2- story units over an individual 2-car garage (3 stories total). The 10 buildings contain a total of 47 three-bedroom 1,582 sq. ft. units. Buildings C through N all appear as three story structures on the garage-entry side but, due to the proposed split grades, as two story structures on the exterior (front) side (see Exhibit “0”). The final building type (Building 0) is located adjacent to the single-family homes to the east. Building 0 includes 10 very affordable 1-story with loft units with adjacent garages. There are three different sizes of affordable units; 555 sq. ft. (one bedroom, one unit only); 777 sq. ft. (one bedroom, eight units); and 952 sq. ft. (three bedroom, one unit only). All units are accessed off of private driveways. Each unit in Buildings A and B includes both a patio and balcony; units in buildings C and D contain private patios and storage space located on the garage level. Buildings E - N possess balconies on the second story. Building 0 has a private patio space for each unit. The Spanish architectural style proposed for the project includes light-colored stucco finish with wood fascia and trim, accented with wood shutters and cultured stone base. Roof materials are concrete roof tile over numerous roof planes. As shown on Exhibit “M” - “HH,” the building profile of Buildings A and B are designed with a receding upper floor so that the building profile follows the angle of the underlying slope. Vehicular access to the project is via private driveways with three separate entrances off of Hamson Street, Locust Street, and Chinquapin Avenue. Guest parking is proposed as open parking bay spaces distributed throughout the site. Enhanced paving is proposed at all entries off of public streets, and at important visual locations internally along the drives. Coast Waste 17 CT 02-1 8/CP 02- 1 O/SDP 03-03/CDP 03-35/HDP 02-09 - BLUFFS May 19,2004 Element Use Classification, Goal, Proposed Use and Improvements Objective or Program The site is designated for Residential Medium High density (RMH) residential development. Land Use Proposed residential density of 14.6 dwelling units per acre is below the 15 dwelling units per acre maximum allowed in the RMH designation. Page 3 Compliance Yes Management has indicated that they are supportive of individual trash pick-up for the units so there are no common trash facilities/enclosures provided. The project also includes extensive landscaping within and around the project, decorative site walls, and retaining walls. A centralized outdoor active recreation area, including a swimming pool, and open active areas for volleyball and lawn bowling are provided. For compatibility reasons, a minimum 17-foot building setback, with pedestrian path and landscaping, is maintained along the eastern edge of the project, adjacent to the single-family lots along Adams Avenue. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. B. C. D. E. F. G. H. Residential Medium High Density (RMH) General Plan Land Use Designation; Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance) and Qualified Overlay Zone; Hillside Development Ordinance (Chapter 2 1.95 of the Zoning Ordinance); Local Coastal Program (LCP) Mello I1 and Agua Hedionda Segments Inclusionary Housing Ordinance (Chapter 21.85 of the Zoning Ordinance) and City Council Policy 43 and; Alternative Street Design Policy Growth Management Ordinance The recommendation for approval of 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 utilizing both text and tables. A. General Plan The project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the residential development are the Land Use, Circulation, Noise, Housing, and Public Safety elements. Table 1 below indicates how the project complies with these mrticular elements of the General Plan. CT 02-18/CP 02-10/SDP 03-03/CDP 03-35/HDP 02-09 - BLUFFS May 19,2004 Element Circulation Noise Housing Public Safety TABLE 1 - GENER Use Classification, Goal, Objective or Program Require new development to construct roadway improvements needed to serve the proposed development. Adequate circulation infrastructure to serve the projected population. Require that a noise study be submitted with all residential projects over five units. Enforce the City policy that 60 dBA CNEL is the maximum exterior noise level for residential units. New housing developed with a diversity of types, prices, tenures, densities,. and locations to meet the demand of anticipated City Growth. Provision of emergency water systems and all- weather access roads. L PLAN COMPLIANCE, Cont’d Proposed Use and Improvements The project is conditioned to provide street improvements to Harrison Street and Chinquapin Ave. The vacation of a portion of Locust Street between Adams St and Harrison St is not a circulation element roadway and is consistent with this policy because it is not required for local circulation. A noise analysis has concluded that with specific mitigation measures traffic noise from Interstate 5 can be mitigated to 60 dBA CNEL. The project provides a mixture of multi-family air-space condominiums, contributing to the diversity of housing within the City. The project also provides ten units that will be sold at prices that are affordable to very low-income households consistent with the City’s Inclusionary Housing; requirements. All necessary water mains, fire hydrants, and appurtenances must be installed prior to occupancy of any unit and all-weather access roads will be maintained throughout construction. Compliance Yes Yes Yes Yes Given the results of the above analysis, the Bluffs condominium project is consistent with the Elements of the City’s General Plan. B. Subdivision Ordinance The project proposes an airspace subdivision of multi-family units. Chapter 20.16 of the Subdivision Ordinance addresses the requirements of a major subdivision (a subdivision creating more than four parcels). These requirements deal mostly with providing the drainage, sewerage, and circulation dedications and improvements needed to serve the subdivision. CT 02-18/CP 02-10/SDP 03-03/CDP 03-35/HDP 02-09 - BLUFFS May 19,2004 Page 5 The proposed residential subdivision will provide all necessary facilities prior to, or concurrent with, construction. The hydrology report, submitted by the applicant, indicates that all runoff can be controlled onsite, with no overall increase, and conveyed into existing storm drain facilities. The onsite sewer system would be connected to the existing system in Harrison Street. The water system would involve provision of looped service from the existing lines in Harrison Street, Adams Street and Chinquapin Avenue. All proposed internal circulation would consist of private driveways, and as a result no dedications are necessary. Improvements will be made along the frontage on Harrison Street and Chinquapin Avenue. Ten feet will be dedicated to Harrison Street and it will be improved to “half street plus 12-feet,” which allows for full improvements on the project side, and an improved 12-foot travel lane on the opposite travel side. Locust Street is proposed to be vacated between Adams Street and Harrison Street. No standard variances are needed to approve the project. Given the above, the proposed subdivision would provide all necessary facilities and improvements without producing any land title conflicts; therefore the project is consistent with the Subdivision Ordinance. C. Planned Development Ordinance and Qualified Overlay Zone The project is consistent with the applicable policies and programs of the Planned Development Ordinance. Table 2 below indicates how the project complies with the Planned Development Ordinance. TABLE 2 - PLANNED DEVELOPMENT ORDINANCE CONFORMANCE Standard - - __ - - - - Livable Neighborhood Policy 66 Front entriedporches: Garages: Parkways: Central Recreation area: Arterial Setbacks: Setbacks required for arterials. Building Setbacks: From Public Street: Front 15-fOOt average w/parkway street design. From driveway: 5 feet to garage and 8 feet to unit. Proposed Units have front entries and porches. Garages are alley loaded and not visible from public street. Project provides parkways along public street. Project provides centralized recreational area. The project is not adjacent to any arterial streets. 15 feet w/parkway street design. 8-foot setback from driveway for both garage and unit. Conformance Yes Yes Yes Yes Yes Yes Yes CT 02-18/CP 02-10/SDP 03-03/CDP 03-35/HDP 02-09 - BLUFFS May 19,2004 Page 6 TABLE 2 - PLANNED DEVELOPMENT ORDINANCE CONFORMANCE Standard Architectural Design Elements: Three building Planes: Minimum of four design elements: Minimum Building Separation: 20 feet average with a minimum of 10 feet between structures. Maximum Lot Coverage: 60% on a project basis Maximum Building Height: 35 feet Parking: Resident: One car garage plus one covered/uncovered space. Guest: 5 spaces for the first 10 units, plus 1 space for each 4 units above 10. 25% visitor may be comr>act Private Driveways: Minimum 24 feet wide with no parking Dermitted in travel way. Dwelling Unit Setback from Parking: All dwelling units shall be set back a minimum 5 feet from open parking areas. Screening of Parking Areas: All open parking shall be screened from adjacent residences and public rights-of- way. ONTINUED ProDosed Elevations have a minimum of three building planes. Project provides a variety of roof planes, paned windows and doors, raised trim and a variety of accent materials. 20-foot separation maintained throughout the project. Building coverage constitutes 70,660 square feet of the 232,175 sauare foot site (30% site coverage). 35-feet from natural/finish grade. 68 units with 2-car garage. Affordable units have one car garage and one open space. 22 spaces required, 25 spaces are provided, in perpendicular parking bays. 20% are compact. All private driveways are at least 24 feet in width. Buildings are all set back at least five feet from open parking. Open parking is shielded from adjacent residences and public rights-of-way by either buildings or project walldfences. Conformance Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes CT 02-1 8/CP 02-10/SDP 03-03/CDP 03-35/HDP 02-09 - BLUFFS May 19,2004 TABLE 2 - PLANNED DEVELOPMENT ORDINANCE CONFORMANCE ONTINUED Standard Recreational Space: Common: 200 square feet of centralized community recreational space per unit; 75% must be allocated for active uses; recreation must be provided for all ages. Private: 10 x 10 patio or 120 square feet of balcony. Lighting: Adequate for pedestrian and vehicular safety. Utilities: Separate utilities shall be provided for each unit. Recreation Vehicle Storage: 20 square feet for each unit; screened via landscaping. Storage Space: 480 cubic feet per unit. Antennas: Master antenna and/or cable television hookur,. Proposed A total of 15,533 square feet of recreational space is required; the project provides for a total of 16,608 square feet of centralized common recreational space (1 1,767 sq. ft. active and 4,841 sq. ft. passive); active recreation includes a swimming pool and spa facility, volleyball area and bocce ball field. All units have 10 x 10 patios. Buildings A and B also have deckhalconv. A lighting plan will be provided which will provide for adequate Dedestrian and vehicular safetv. There shall be separate utility systems for each unit. This condition has been incorporated into the attached CT resolution. 1,560 sq ft required; 1,598 provided. Screening will be accomplished with landscaping and a screening trellis structure. The project has been designed with storage closets within the units’ private garages and, in some units, in the balcony areas also. The total storage area required for the project is 37,440 cu. ft. and 64,142 cu. ft. is provided. Cable television hookup to be Drovided to all units. Conformance Yes Yes Yes Yes Yes Yes Yes Given the above, the proposed air-space condominium project is consistent with the applicable portions of the Planned Development Ordinance. CT 02-1 8/CP 02-10/SDP 03-03/CDP 03-35/HDP 02-09 - BLUFFS May 19,2004 Findings required by the Qualified Overlay Zone ensure that the project is consistent with the General Plan, compatible with surrounding uses, and can be adequately accommodated by the site and street system. The project density of 14.6 dwelling units/acre is in compliance with the density permitted by the RMH General Plan designation and the multi-family subdivision is compatible with surrounding multi-family development and the applicable RDM zoning. Existing local streets, that will provide access to three separate private street/driveways serving the project, would adequately serve the proposed units. D. Hillside Development Ordinance and Hillside Development Guidelines The project is subject to the Hillside Ordinance because the site contains slopes over 15% and slope elevations differences greater than 15 feet, which occur only on the southern portion of the site. The remainder of the site is relatively flat. The slope area is roughly 17,800 square feet with a slope gradient of less than 25% and does not contain any sensitive habitat. The slope area is considered developable per the Hillside Ordinance and Coastal Resource Protection Overlay Zone. The development complies with the hillside ordinance and guidelines by: grading within the acceptable quantity range with 2,307 cu. yds/ac.; no slopes over 40 feet are being created as a result of the grading scheme; multi-storied buildings are stepped to follow the topography of the site; and roof slopes that are oriented in the same direction as the slope. E. Local Coastal Program (LCP) Mello I1 and Agua Hedionda Segments The project site, at Locust Avenue, is bisected by the Mello I1 and Agua Hedionda Segment boundaries of the Local Coastal Program. The southerly portion is within the Agua Hedionda Segment, an area of Deferred Certification, and will require permit approval from the California Coastal Commission. The northern Mello I1 section is within the City's coastal permit jurisdiction. The project will not obstruct views of the coastline as seen from public lands or the public right- of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the previously developed property. The proposed project is not located on an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site since it is not located between the first public road and the ocean, and no public access requirements are conditioned for the project. The residentially designated site is not suited for water-oriented recreation activities. The subject site is located in the Coastal Resource Protection Overlay Zone, however, due to its location and the absence of slopes steeper than or equal to 25% inclination and/or native vegetation, additional submittals, standards or requirements do not apply. Based on estimated grading quantities, the project will require a grading permit. Construction of the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion. The project has been conditioned in the Coastal Development Permit to grade during the summer construction season to further reduce erosion and discharge of sediments offsite. 73 CT 02-1 8/CP 02-1O/SDP 03-03/CDP 03-35/HDP 02-09 - BLUFFS May 19,2004 F. Inclusionary Housing Ordinance All residential projects within the City of Carlsbad are subject to the City’s Inclusionary Housing Ordinance, Chapter 21.85 of the Carlsbad Municipal Code. In accordance with the City’s Inclusionary Housing Ordinance, 15% of the total housing units constructed must be affordable to lower income households. The project is allowed 61 units per the growth management control point. The applicant has requested a density increase of approximately 28% to allow a total of 78 units on the site. The Planning Department and Housing Department support the additional density because it is still within the density range of the RMH General Plan designation and meets the development standards for the site. The inclusionary requirement for this 78-unit project is 12 low-income affordable units. The applicant has proposed to provide 10 for-sale units within the project affordable to very low-income households. These units will be more affordable than required by the Inclusionary Housing Ordinance. Therefore, the developer is requesting an incentive credit for these more affordable, for-sale units. The Inclusionary Housing Ordinance, Section 21.85.060, authorizes the City Council to approve an incentive credit adjustment when a preferred affordable housing product is provided. This means that the Council may reduce the total inclusionary housing requirement to less than 15% in order to provide an incentive to a developer to provide a more affordable housing product and/or a preferred product type. Anastasi is proposing to provide 10 very low-income units rather than 12 low-income units. This would represent a reduction in the inclusionary requirement from 15% and to provide these units for-sale. To allow this reduction in the inclusionary housing requirement, the City Council must first adopt a schedule of inclusionary housing incentive credit specifying how credit may be earned. This schedule is being processed in a separate agenda bill and must be approved prior to the approval of this item. Should the City Council not adopt the proposed schedule or not accept the developer’s offer, the developer will be required to revise their permits to indicate how the requirement to provide 15% of the project affordable to low income households will be met. Nine of the very low-income units would be one-bedroom units and sell for less than $100,000 and the one three-bedroom unit would be sold in the low $100,000 range. The low-income one- bedroom units would have sold for less than $150,000, and the three-bedroom unit would have sold for approximately $200,000. These are very approximate numbers and represent the affordability of the units for comparison purposes. The allocation of excess dwelling units is consistent and provided for within City Council Policy 43. Projects that request a density increase are determined to be “qualified” residential projects to receive excess dwelling units. As stated previously above, the increase in the projects density is compatible with the existing residential neighborhood and is in compliance with the General Plan land use designation. Adjacent residential projects with RMH land use designations have densities of up to 53 units per acre. G. Alternative Street Design Policy The project will implement the Alternative Street Design by having parkways adjacent to the street rather than sidewalks. Pursuant to the Livable Street standards, the Engineering 74 CT 02-18/CP 02-10/SDP 03-03ICDP 03-35/HDP 02-09 - BLUFFS May 19,2004 Standard City Administration Librarv Department notified the property owners adjacent to Harrison Street that the project is required to do street improvements. The street improvements consist of slightly widening the roadway as well as installation of concrete curb and gutter, a landscaped parkway, and a sidewalk. With the exception of some minor street widening, the proposed improvements will be constructed exclusively on the project side of the street. The street design and improvements are in conformance with the City’s current Livable Street design criteria. No comments were received during the notice period. ImpactdStandards Compliance 271 sq ft Yes 144 sa ft Yes H. Growth Management Ordinance Wastewater Treatment Parks The project is subject to the provisions of the Growth Management Program, as contained in Chapter 21.90 of the Zoning Ordinance. The site will accommodate 61 dwelling units per the Growth Management Control Point. As discussed in Section F, the project applicant is requesting a density increase to accommodate a total of 78 dwelling units, 10 of which (13% of 78 units) are proposed to qualify as affordable to very low income families. With 78 dwelling units proposed, the project results in a density of 14.6 dwelling units per acre, which is near the top end of the RMH density range (8-15 dwelling units per acre). 78 EDU Yes 0.54 ac. Yes Table 3 below details the project’s conformance with the requirements of the Growth Management Program. Drainage Circulation Provided (NAH Basin) Yes 624 ADT Yes Fire Open Space Schools Sewer Collection System Water Station #1 Yes 0 Yes Carlsbad Unified Yes E: 7M: 3 HS: 4 78 EDU (1 I) Yes 17,160 gallons per day (GPD) Yes (220 gpd/EDU x 78 EDU). The project exceeds the Growth Management dwelling unit allowance pursuant to Section , I 21.86.030(b) by 17 dwelling units. 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. A potentially significant environmental impact was identified for noise and paleontological resources. No significant residual chemical or pesticide residues are expected from the abandoned avocado 75 CT 02-18/CP 02-10/SDP 03-03/CDP 03-35IHDP 02-09 - BLUFFS May 19,2004 Page 11 grove, as avocado groves do not require a significant use of pesticides or chemical for production. The developer has agreed to mitigation measures to reduce the identified impacts to below a level of significance in accordance with CEQA. In consideration of the foregoing, a Notice of Intent to Issue a Mitigated Negative Declaration was posted on January 2 1, 2004. No public comments were received during the 30-day public review period. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. VL:mh Planning Commission Resolution No. 5634 (Mit. Neg. Dec.) Planning Commission Resolution No. 5635 (CT) Planning Commission Resolution No. 5636 (CP) Planning Commission Resolution No. 5637 (SDP) Planning Commission Resolution No. 5638 (CDP) Planning Commission Resolution No. 5639 (HDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Exhibits “A” - “JJ” dated May 19,2004 BACKGROUND DATA SHEET CASE NO: CT 02- 18/CP 02- 1 O/SDP 03-03/CDP 03-35/HDP 02-09 CASE NAME: Bluffs APPLICANT: Anastasi Development Company REQUEST AND LOCATION: A 78 unit condominium project on eight contiguous parcels located on the north and east side of Harrison Street, west of Adams Street and south of Chinquapin Avenue. LEGAL DESCRIPTION: Lot 3. 7, 8, 9 and 10 inclusive, in Block “A” and Lots 1, 2, 3, 5, and 6 inclusive in Block “D” of resubdivision of portions of Tract 238 and 243 of Thum Lands, in the City of Carlsbad, County of San Diego. State of California, according to map thereof no. 2103, filed in the Office of the County Recorder of San Diego. April 3, 1928. APN: 206-120-03,08,09,10, 11, 12, 14, 15 Acres: 5.33 Proposed No. of Lots/Units: 78 GENERAL PLAN AND ZONING Land Use Designation: Residential Medium High (RMH) Density Allowed: 8 - 15 du/ac Existing Zone: Residential Density Multiple - Oualified Overlay Zone Proposed Zone: RDM-Q Surrounding Zoning, General Plan and Land Use: Density Proposed: 14.6 du/ac Zoning Site RDM-Q North R-3 South RDM East R- 1 West R-3/RD-M-Q General Plan Current Land Use RMH Vacant RH Multi-family housing RM Single-family RLM Single-family RMH Multi- family PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 78 ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued January 2 1, 2004 u Certified Environmental Impact Report, dated 0 Other, CITY OF CARLSBAD Elementary Middle 7 students 3 students GROWTH MANAGEMENT PROGRAM High School 4 students LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: BLUFFS - CT 02-18/CP 02-10/SDP 03-03/CDP 03-35IHDP 02-09 LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RMH ZONING: RDM-O DEVELOPER’S NAME: Anastasi Development Company ADDRESS: 1200 Aviation Blvd, Redondo Beach, CA 90278 - 15 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 5.33 ac ESTIMATED COMPLETION DATE: ASAP PHONE NO.: (310) 798-9772 ASSESSOR’S PARCEL NO.: 206-120-03,08,09,10, 11, 12, 14, A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 271 Library: Demand in Square Footage = 145 Wastewater Treatment Capacity (Calculate with J. Sewer) 78 EDU Park: Drainage : Circulation: Demand in Acreage = .54 Demand in CFS = Identify Drainage Basin = NAH Demand in ADT = 624 10.62 (100 yr) Fire: Served by Fire Station No. = 1 Open Space: Acreage Provided = 0 Schools: Carlsbad Sewer: Demands in EDU 78 Identify Sub Basin = 11 Water: Demand in GPD = 17,160 The project is 17 units above the Growth Management Dwelling unit allowance. \=m c n I . - Applicant's statement or disclosure of certain ownership interests on all applicsrions \\ hr;h \\ lil rrau:rt. Idiscretionar). action on the pan of the City Council or any appointed Board. Commission or Cornminer WIIy ot Garisbad DISCLOSURE STATEMENT The following information MUST be disclosed at the time of appiication subminal \'our prole21 canno: be reviewed until this information is completed. Please pnnt. ._ Note: Person is defined as "Any individual. firm, co-parmmhip. joint venture, association. social club. irarernsl organization, corporation. estate, trust receiver, syndxate. in this and any other counc. ci? and counn. cip- municipality. dismct 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 propeny oHner must be provided be lo^. 1 APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of persons havrng a financial interest in the application. If the applicant includes a cornoration or uannershiu. include the names. ntle, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE @/A) IN THE SPACE BELOW If a publiclv-owned cornoration, include the names, ntles, and addresses of the corporate officers. (A separate page may be attached if MDMDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- - necessary,) n nb CorpPa C Title Y Provide the COMPLETE. LEGAL names and addresses of persons having any ownership interest in the propeny involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation. etc.). If the ownership includes a cornoration or DartneTShlD, 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 ("A) IN THE SPACE BELOW. If a pubiiciv- owned comoration, include the names, titles, and addresses of the corporate officers. (A separate Title Tit le e,dA 1635 Faraday Avenue - Carlsbad. CA 92008-731 4 - (760) 602-4600 FAX (760) 602-8559 @ 74 3. NON-PROFIT C SANEATION OR TRUST Ifezy 7~;: in idr.r,ti?'c-I 7lrsuar.t to (1) or (2) above is a nonDrofit orcarkr::> or a-trust, list the "ST'; c.;: L~(+cc:!s . c-_ organization or as trustee or beneficiary of the. Non Profit/Trust Non Profiflrust -- ,A* .LL;1;y person serving as an officer or director of the non-profit .*- -- * Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Committees and/or Council within the past twelve (1 2) months? If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. and correct to the best of my howledge. Print or type name of owner Signature of applicaddate Print or type name of owner/applicant's agent Print or type nzme of applicznt H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 I P 4 I 82 I L; I 83 .. .. - ..... ._ .I ..... I I J I 1 I I i I I I 53 4 i 3 9 --t 8 i I i I I I I i I ! i I , 4 8 b 3 I 87 88 I i i i j i I I j j I -- - ~. . ____ Y S 29 8 __--- my* nvamarro 0 c 9 I/ --- L _. 90 ._..- ” ,MIS yo.!lJDY I 2 P 0 = VI z 0 e c 0 I ..I 0 ‘1- 2 - L I . %- Y VI > E z w 0 , . 1 I I I I I ......_ I .... ~ P 0 u 93 i 94 c 1; i 0 0 cl !& n N N n 4 c3 97 P ? Y 6 0 u c 99 ..... -- E .. - f : L .- ,..~ . . P 0 0 A R n z 0 v w r/ll B 0 'U 9 d z 0 il N m N r m c a 3 d w P !i I' ,I d CI a 5, 3 d 0 0 c;l k P d 0 u t. i 4 I. I 8 i: - ., .h" I i t d 0 0 d E z 0 u W n UI N 4 N N 0 N P i N N N N 3 0 0 z 0 ii a Planning Commission Minutes May 19,2004 DRAFT EXY&T95 7. CT 02-181CP 02-101SDP 03-031CDP 03-351HDP 02-09 - BLUFFS - Request for a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and Hillside Development Permit to allow the construction of a 78-unit condominium project on 8 contiguous parcels located on the north and east side of Harrison Street, west of Adam Street and south of Chinquapin Avenue in Local Facilities Management Zone 1. Mr. Neu introduced Item 7 and stated Senior Planner Van Lynch would make the staff presentation assisted by Associate Engineer John Maashoff. Chairperson White asked if the applicant wished to go forward with the hearing with only 5 Commissioners present. The applicant responded he would go forward with the hearing. Chairperson White opened the Public Hearing on Item 7. Mr. Lynch stated that the project site is located in the northwest quadrant south of Chinquapin Avenue west of Adams, east of Harrison and bisected by Locust Street. The project consists of a 78-unit residential condominium project with 68 market rate units and 10 very low income units. The project consists of 4 and 6 plex buildings consisting of two story units over private garages with private patios and/or balconies. The project also includes a pool, spa, pool house, a common recreation facility and RV parking for 7 vehicles. Chairperson White acknowledged the Commission did receive a letter from Mr. Merritt, a neighbor, and one from Mr. Simons, representing Anastasi Development. Chairperson White asked if there were any questions of staff from the Commission. Commissioner Whitton stated that some of the information in the staff report was incorrect. Mr. Lynch responded that were some corrections to the staff report. The number in the third paragraph on page 2 should be 47 and not 56. He also stated that Section H should be stricken in its entirety as it was revised and reprinted as Section F. Mr. Lynch further stated he had received a phone call from a gentleman named Russ who lives on Adams. His concern was over the increase in traffic and the safety of his children. Mr. Lynch stated he did not receive the fax prior to the night's meeting. Commissioner Baker asked about the grading of the project. She asked how much grading was proposed and whether it would be an import or export job. Mr. Maashoff responded that the grading quantities are fairly balanced, and it is an export job with about 2,800 cubic yards. Commissioner Baker also inquired about the street improvements on Chinquapin Avenue. Mr. Maashoff responded that project only proposes to improve Chinquapin Avenue only along the project frontage. Commissioner Baker voiced her concern over the small sections of street improvements the City is doing throughout the older portions of the Carlsbad and how odds it looks on an older street to have the old street then part of it improved then it goes back to the old street again. Commissioner Baker asked what the highest density allowed in the City is dwelling units per acre. Mr. Lynch responded that the Residential High Density has a cap of 23 dwelling units per acre with a Growth Control Point of 19 units per acre. Commissioner Baker asked if Mr. Ruiz from Housing and Redevelopment was available to answer any questions. Mr. Lynch stated Mr. Ruiz was available to answer questions. Commissioner Baker asked Mr. Ruiz to comment on affordable housing and how long the very low income units will remain as such. Mr. Ruiz explained why the Housing and Redevelopment Department recommended this type of affordable housing component. He also explained the Affordable Housing policy. Planning Commission Minutes May 19,2004 Page 10 Commissioner Baker asked how the sale of the 10 affordable units would be handled. Mr. Ruiz responded that the developer handles the sale but the department works with the developer in every step of the process. Commissioner Baker also inquired about the homeowner association dues and how that will be handled with the affordable units. Mr. Ruiz responded the residents would be responsible for the dues. Commissioner Dominguez asked about the facilities for trash pick-up. explained the curbside pick-up arrangement. Mr. Lynch responded and Commissioner Dominguez stated his concern over individual curbside trash pick-up. He stated that there was plenty of opportunity to redesign the project to include community trash facilities. He further expressed concerns about the line of sight at the project’s egress and ingress points, specifically potential conflicts with existing vegetation adjacent to the Chinquapin driveway. Commissioner Heineman stated his support of the proposed individual trash pick-up. Chairperson White asked if there were any other questions of staff. Seeing none, she closed the Public Hearing. Chairperson White asked the applicant would like to make a presentation. John Simons, 4737 Bryce Circle, representing Anastasi Development, made a brief presentation and stated he was available to answer any questions. Chairperson White asked if there were any questions of the applicant. Seeing none, she opened Public Testimony on the item. Chairperson White stated she had received a speaker slip from Mr. Huber Gene Huber, 6470 El Pato Court, stated he has worked on the project for years and gave his support for the project. Chairperson White asked if the applicant wished to respond to Mr. Huber’s comments. The applicant stated he did not. Chairperson White closed Public Testimony on the item. DISCUSSION Commissioner Dominguez discussed community trash pick-up with other projects in the area. He further commented that it would be more desirable to include community trash facilities into this project. Commissioner Heineman asked Mr. Lynch where the trashcans would be placed if the project were approved as it is proposed with individual trash pick-ups. Mr. Lynch responded’ that would be within the interior private drives just pulled out from the garage to the curbside and not on the street. Commissioner Heineman stated that the project is fine as proposed and gave his support of the support. Commissioner W hitton commended the applicant on the project. Commissioner Baker stated she could support the project as is but was unsure as to why it did not propose a community trash pick-up. Mr. Lynch responded that the way the project is proposed would provide the most open space such a recreation area or visual amenities as opposed to an unsightly common trash facility. Chairperson White commented she understands and appreciates her fellow Commissioners’ points-of- view as well as Mr. Lynch’s. Planning Commission Minutes May 19,2004 Page 11 Commissioner Baker inquired if there was ever a problem in the future with the trash not getting picked up in a timely manner, would there be any recourse to address it at a later time. Mr. Lynch stated that it would be very easy for the Homeowners Association to come back at a later date to either request a Consistency Determination or a minor amendment to their project to include common trash facilities. Chairperson White asked the applicant to respond to the trash pick-up concerns. Mr. Simons responded that most of their communities have individual trash pick-up and most residents prefer that type of trash pick-up. He further explained how the Homeowner’s Association could enforce the issue of individual trash pick-up. Commissioner Heineman commented that individual trash pick up would not be problem to enforce through the Homeowner’s Association. Commissioner Dominguez asked the applicant if there are community trash facilities does the Homeowners Association have an easier time managing the trash facility as opposed managing individual trash pick-up. Mr. Simons stated he agreed with staffs recommendation of individual trash pick-up. Assistant City Attorney Mobaldi asked Mr. Ruiz to clarify the Affordable Housing sales requirement. Mr. Ruiz responded by explaining the sales process. MOTION ACTION: Motion by Commissioner Whitton, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5634 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 5635, 5636, 5637, 5638, and 5639 recommending approval of Tentative Tract Map CT 02-18, Condominium Permit CP 02-10, Site Development Plan SDP 03-03, Coastal Development Permit CDP 03-35, and Hillside Development Permit HDP 02-09 based on the findings and subject to the conditions contained therein. Baker, Dominguez, Heineman, White and Whitton None 5-0 VOTE: AYES: NOES: PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 4 Day of June, 2004 Signature NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk’s Filing Stamp Proof of Publication of OCATIOM: his project is within the C d Carlsbad‘s Ccastal Zone on the norlh and east side of larrison Street west of A&ns Street and south of Chinquapin Avenue in Local Fa- iries Management Zone 1. ‘~20&12&, 09,10,11: 12.14. and 15 and 206-120-03 tPPUCAHT: ’SPAN LNUMBER AnagtaSi”iel0pment company 1MoAvia Boulevard RedonhEch CA 90278 C Councilinthe LEE!? &%?E; tk$%~Lw~v&ll~bk~%* on June 15, 004 at 6:W porn. ‘mons are cordial invlted to attend the public hearing and e the decision asgn&wa -<-pa q&i&p%gg. ts iony qu Uons and a dedslon. pies of the agenda%l%l be available on or after une 4,234. :A FI E CT 02-1 CP 02-UUSDP 03-0UCDP 03-WHDP 02-09 ;&&~~~&q~~ NOTICE OF PUBLIC HEARING DESCRIPTION: Request for a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and Hillside Development Permit to the allow the construction of a 78-unit condominium project on 8 contiguous parcels. LOCATION: This project is within the City of Carlsbad’s Coastal Zone on the north and east side of Harrison Street, west of Adams Street and south of Chinquapin Avenue in Local Facilities Management Zone 1. ASSESSOR’S PARCEL NUMBER: 206-1 20-08, 09, IO, 1 1, 12, 14, and 15 and 206-1 20-03 APPLICANT: Anastasi Development Company 1200 Aviation Boulevard Redondo Beach CA 90278 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on June 15, 2004 at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by .public testimony, questions and a decision. Copies of the agenda bill will be available on or after June 4, 2004. If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 p.m., Friday 8:OO a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- 461 3. ... 6 .. ... ... APPEALS The time within which you may judicially challenge this Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and/or Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, prior to the public hearing. 1. Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (IO) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. 0 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (IO) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: CT 02-1 8/CP 02-1 O/SDP 03-03/CDP 03-35/HDP 02-09 CASE NAME: BLUFFS PUBLISH: June 4,2004 SITE BLUFFS CT 02-1 8/CP 02-1 O/SDP 03-03/HDP 02-09 .. . - *. . .. 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Smooth Feed SheetsTN: USDA - RURAL DEVELOPMENT DEPT 41 69 430 "G" ST DAVIS CA 95616 CITY OF ENCINITAS COMDEV DEPT 505 S VULCAN AV ENCINITAS CA 92024 SANDAG-EXEC DIRECTOR GARY GALLEGOS STE 800 1 ST INT'L PLAZA 401 "B" ST SAN DIEGO CA 92101 CYRIUMARY GIBSON 12142 ARGYLE DR LOSALAMITOS CA 90702 LANlKAl LANE PARK SHARP SPACE3 6550 PONTO DRIVE CARLSBAD CA 92008 WATER RESOURCES CONTROL BD PO BOX 100 SACRAMENTO CA 95801 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018-1338 LESLIE ESPOSITO 1893 AMELFI DR ENCINITAS CA 92024 LAKESHORE GARDENS TOM BENSON 7201 AVENIDA ENCINAS CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 Laser 5 163@ SAN DIEGO GAS & ELECTRIC KIM BLESSANT 101 ASH STREET SAN DIEGO CA 92101- COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SAN DIEGO CA 92123 STE B-5 FLOYD ASHBY P 0 BOX 232580 ENClNlTAS CA 92023-2580 GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 STATE 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G DURANTE UNIT 106 817 KALPATI CIR CARLSBAD CA 92008 J ORRANTIA UNIT 107 817 KALPATI CIR CARLSBAD CA 92008 TRUFFA UNIT 108 817 KALPATI CIR CARLSBAD CA 92008 C MCMILLON UNIT 109 817 KALPATI CIR CARLSBAD CA 92008 A ZARAGOZA UNIT 110 817 KALPATI CIR CARLSBAD CA 92008 T MOXON UNIT 11 1 817 KALPATI CIR CARLSBAD CA 92008 J MINK UNIT 112 817 KALPATI CIR CARLSBAD CA 92008 R WOOD UNIT 113 817 KALPATI CIR CARLSBAD CA 92008 L SMIDDY UNIT 114 817 KALPATI CIR CARLSBAD CA 92008 MR & MRS DlON UNIT 115 817 KALPATI CIR CARLSBAD CA 92008 M ELLIOT UNIT 116 817 KALPATI CIR CARLSBAD CA 92008 J BERDY UNIT 129 805 KALPATI CIR CARLSBAD CA 92008 MR & MRS SMITH UNIT 130 805 KALPATI CIR CARLSBAD CA 92008 M RUTHERFORD UNIT 131 805 KALPATI CIR CARLSBAD CA 92008 MR & MRS HARKEY UNIT 132 805 KALPATI CIR CARLSBAD CA 92008 MR & MRS SAVILLE UNIT 201 823 KALPATI CIR CARLSBAD CA 92008 C GOODHEIM UNIT 203 823 KALPATI CIR CARLSBAD CA 92008 MR & MRS CULBERTSON 3616 GENISTA PL FALLBROOK CA 92028 MR & MRS MOLLOY UNIT 205 817 KALPATI CIR CARLSBAD CA 92008 MR & MRS POLLAK PO BOX 1808 CARLSBAD CA 92008 MR & MRS CHUNG 16 E FERN AVE REDLANDS CA 92373 B OBRIEN UNIT 208 817 KALPATI CIR CARLSBAD CA 92008 MR & MRS MANN UNIT 209 817 KALPATI CIR CARLSBAD CA 92008 H JOHNSTON UNIT 210 817 KALPATI CIR CARLSBAD CA 92008 L SOLON UNIT 21 1 817 KALPATI CIR CARLSBAD CA 92008 D DICKSON UNIT 21 3 817 KALPATI CIR CARLSBAD CA 92008 MR & MRS BALLARD 9312 N PICTURE RIDGE RD PEORIA IL 61615 S WHITEHEAD UNIT 214 817 KALPATI CIR CARLSBAD CA 92008 E MULLENSKY UNIT 215 817 KALPATI CIR CARLSBAD CA 92008 MOODY UNIT 216 817 KALPATI CIR CARLSBAD CA 92008 Address Labels Laser 5 160@ Srooth Feed SheetsTr,' KAMEL 18825 BARDEEN AVE IRVINE CA 92612 MR & MRS BAUMANN 521 1 HIGHLAND AVE YORBA LINDA CA 92886 E JENNINGS 8427 RAINTREE AVE RIVERSIDE CA 92504 BOEHM UNIT 301 823 KALPATI CIR CARLSBAD CA 92008 MR & MRS HAWKINS UNIT 302 823 KALPATI CIR CARLSBAD CA 92008 MR & MRS ANTONOPULOUS 7302 FAIRWAY LN PARKER CO 80134 MR & MRS HASKINS UNIT 303 823 KALPATI CIR CARLSBAD CA 92008 MR & MRS STUART UNIT 306 817 KALPATI CIR CARLSBAD CA 92008 WHETZEL PO BOX 610 SKYFOREST CA 92385 E LEE UNIT 308 817 KALPATI CIR CARLSBAD CA 92008 S AHN UNIT 309 817 KALPATI CIR CARLSBAD CA 92008 KALPATI LLC 3171 MONTESANO RD ESCONDIDO CA 92029 MR & MRS IACOBELLIS UNIT 312 817 KALPATI CIR CARLSBAD CA 92008 J BUSCHER UNIT 10 4525 COVE DR CARLSBAD CA 92008 KEITHLEY 79653 CIDRA LA QUINTA CA 92253 MR & MRS WHITMER UNIT 314 817 KALPATI CIR CARLSBAD CA 92008 S REYNOSE UNIT 330 805 KALPATI CIR CARLSBAD CA 92008 Q AL 18825 BARDEEN AVE IRVINE CA 92612 GASTAUER UNIT 331 805 KALPATI CIR CARLSBAD CA 92008 J GASTON 1143 CAMINO DEL SOL CIR CARLSBAD CA 92008 ESHELMAN 1133 CAMINO DEL SOL DR CARLSBAD CA 92008 MR & MRS JEROME 1123 CAMINO DEL SOL CIR CARLSBAD CA'92008 MR & MRS ALLEN 11 13 CAMINO DEL SOL CIR CARLSBAD CA 92008 MR & MRS LISLE 3960 ADAMS ST CARLSBAD CA 92008 G BRUNACHE 1150 CHINQUAPIN AVE CARLSBAD CA 92008 MR & MRS EDWARDS 3980 ADAMS ST CARLSBAD CA 92008 MR & MRS ANGEL 1 11 0 CHINQUAPIN AVE CARLSBAD CA 92008 MR & MRS JACKSON 1120 CHINQUAPIN AVE CARLSBAD CA 92008 M SCHMIDT 1 130 CHINQUAPIN AVE CARLSBAD CA 92008 G BRUNACHE 11 50 CHINQUAPIN AVE CARLSBAD CA 92008 Laser 5 160@ AVERW Address Labels Srrooth Feed Sheets'?. MR & MRS JONES 11 70 CHINQUAPIN AVE CARLSBAD CA 92008 MR & MRS NOWELL 1708 E DORADO CT VISTA CA 92084 MARK BUTCHERT SUITE C 4645 PARK DRIVE CARLSBAD CA 92008 G RHODES 1165 CHINQUAPIN AVE CARLSBAD CA 92008 ANASTASI DEV SUITE 203 1200 AVIATION BLVD REDONDO BEACH CA 90278 J MCCOY 3995 SYME DR CARLSBAD CA 92008 MR & MRS WAKEHAM 17952 ATHENS AVE VILLA PARK CA 92667 AWERY@ Address Labels Laser 5 160@ Sr,iooth Feed SheetsTrL" OCCUPANT UNIT A 41 13 HARRISON ST CARLSBAD CA 92008 OCCUPANT 1085 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT 1075 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT 41 13 HARRISON ST CARLSBAD CA 92008 OCCUPANT 4049 ADAMS ST CARLSBAD CA 92008 OCCUPANT 1092 LOCUST AVE CARLSBAD CA 92008 OCCUPANT 4129 ADAMS ST CARLSBAD CA 92008 OCCUPANT 4120 HARRISON ST CARLSBAD CA 92008 OCCUPANT 4239 HARRISON ST CARLSBAD CA 92008 OCCUPANT 4215 HARRISON ST CARLSBAD CA 92008 OCCUPANT 4123 HARRISON ST CARLSBAD CA 92008 OCCUPANT 41 15 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 2 4095 HARRISON ST CARLSBAD CA 92008 OCCUPANT 4125 HARRISON ST CARLSBAD CA 92008 OCCUPANT 4235 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 1 4095 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 4 4095 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 3 4095 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 2 4085 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 1 4085 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 4 4085 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 3 4085 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 2 4075 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 1 4075 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 4 4075 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 3 4075 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 2 4065 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 1 4065 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 4 4065 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 3 4065 HARRISON ST CARLSBAD CA 92008 Laser 5 160@ RVERW) Address Labels Smooth Feed Sheets'"' OCCUPANT APT 2 4055 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 1 4055 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 4 4055 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT 3 4055 HARRISON ST CARLSBAD CA 92008 OCCUPANT APT A1 0.1 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT A1 02 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT A1 03 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT A1 04 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT A201 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT A201 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT A203 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT A204 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT B105 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT B106 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT 8107 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT B108 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT B205 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT B206 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT B207 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT 6208 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT C109 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT C110 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT Clll 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APTC112 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT C209 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT C210 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT C211 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT C212 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT D113 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT D114 3969 ADAMS ST CARLSBAD CA 92008 Laser 5 160@ AVERY@ Address Labels Smooth Feed Sheets”’ OCCUPANT APT D115 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT D116 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT D2 13 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT D214 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT D215 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT D2 16 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT E117 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT El 18 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT E119 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT E120 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT E217 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT E218 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT E219 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT E220 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT F121 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT F122 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT F123 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT F124 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT F221 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT F222 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT F223 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT F224 3969 ADAMS ST . CARLSBAD CA 92008 OCCUPANT APT G225 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT G226 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT H227 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT H228 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT J229 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT J232 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT J230 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT J231 3969 ADAMS ST CARLSBAD CA 92008 Laser 5 160@ AVERYC Address Labels \ .i ~ Smooth Feed SheetsTr.’ OCCUPANT APT K133 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT K134 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT K135 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT K233 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT K136 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT K234 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT K235 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT K236 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT L137 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT L138 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT L139 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT L140 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT L237 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT L238 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT L239 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT L240 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT M241 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT M242 3969 ADAMS ST CARLSBAD CA 92008 OCCUPANT APT 1 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 2 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 3 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 4 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 5 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 6 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 7 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 8 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 9 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 10 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 11 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 12 1060 CHINQUAPIN AVE CARLSBAD CA 92008 Laser 5 16OS AVERW Address Labels Smooth Feed SheetsTM OCCUPANT APT 13 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 14 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 15 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 16 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 17 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 18 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 19 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 20 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 21 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 22 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 23 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 24 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 25 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 26 1060 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 1 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 2 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 3 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 4 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 5 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 6 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 7 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 8 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 9 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 10 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 11 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 12 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 13 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 14 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 15 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 16 1050 CHINQUAPIN AVE CARLSBAD CA 92008 Laser 5 160@ AVERW Address Labels Smooth Feed SheetsTrb: OCCUPANT APT 17 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 18 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 19 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 20 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 21 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 22 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 23 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT 24 1050 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT A 1003 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT B 1003 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT A 1005 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT B 1005 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT D 1005 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT C 1005 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT E 1005 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT F 1005 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT A 1007 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT B 1007 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT C 1007 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT D 1007 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT E 1007 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT F 1007 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT G 1007 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT H 1007 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT A 1009 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT B 1009 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT C 1009 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT D 1009 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT E 1009 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT F 1009 CHINQUAPIN AVE CARLSBAD CA 92008 Laser 5 160@ AVERYF Address Labels Smooth Feed SheetsTr\' OCCUPANT APT A 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT D 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT G 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT J 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT M 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT B 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT E 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT H 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT K 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT N 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT C 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT F 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT I 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 OCCUPANT APT L 101 1 CHINQUAPIN AVE CARLSBAD CA 92008 Address Labeis Laser 5 16OS NOTICE OF PUBLIC HEARING COMPLETE DATE: November 19,2003 DESCRIPTION: Request for a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and Hillside Development Permit to the allow the construction of a 78-unit condominium pr6ject on 8 contiguous parcels. LOCATl ON : This project is within the City of Carlsbad’s Coastal Zone on the north and east side of Harrison Street, west of Adams Street and south of Chinquapin Avenue in Local Facilities Management Zone 1. ASSESSOR’S PARCEL NUMBER: 206-1 20-08, 09, 10, 1 1, 12, 14, and 15 and 206-1 20-03 APPLICANT: Anastasi Development Company 1200 Aviation Boulevard Redondo Beach CA 90278 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on {DATE) at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the agenda bill will be available on or after {DATE). If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:OO a.m. to 500 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- 461 3. ... ... ... ... ... ... ... ... APPEALS The time within which you may judicially challenge this Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Condominium Permit, Site Development Plan, Coastal Development Permit and/or Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: [XI 0 This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (1 0) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 921 08-4402. CASE FILE: CT 02-1 8/CP 02-1 O/SDP 03-03/CDP 03-35/HDP 02-09 CASE NAME: BLUFFS PUBLISH: {DATE} SITE BLUFFS CT 02-1 8lCP 02-1 O/SDP 03-031 CDP 03-35lHDP 02-09