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HomeMy WebLinkAbout2006-12-19; City Council; 18851; Poinsettia PlaceCITY OF CARLSBAD - AGENDA BILL 11 18.851 M1G. DEPT. 12/19/06 POINSETTIA PLACE : 04-08/LCPA 04-08 CT 04-10/CP 04-05/HDP 04-05 SDP 04-07/HMPP 06-08 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. NS-828 APPROVING Zone Change 04-08 and ADOPT Resolution No. 2006-370 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and APPROVING General Plan Amendment GPA 04-12, Local Coastal Program Amendment LCPA 04-08, Carlsbad Tract CT 04-10, Condominium Permit'CP 04-05, Hillside Development Permit HDP 04-05, Site Development Plan SDP 04-07, and Habitat Management Plan Permit HMPP 06-08. ITEM EXPLANATION: Project Applications Mitigated Negative Declaration GPA 04-1 2 ZC 04-08 LCPA 04-08 CT 04-10 CP 04-05 HDP 04-05 SDP 04-07 CDP 04-23 HMPP 06-08 Reviewed by and Final at Planning Commission X To be reviewed and Final at City Council X X X X X X X X X On November 15, 2006, the Planning Commission conducted a public hearing and recommended to the City Council approval (4-1 - Commissioners Heineman and Montgomery absent; Commissioner Segal against) of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Condominium Permit, Hillside Development Permit, Site Development Plan, and Habitat Management Plan Permit to subdivide a 20.4 acre site into 2 residential lots for 90 condominiums and 3 Open Space lots on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 21. Coastal Development Permit (CDP 04-23) was approved by the Planning Commission but is not effective until and unless the Local Coastal Program Amendment (LCPA 04-08) is approved by the California Coastal Commission. The proposed General Plan Amendment (GPA 04-12) will change the property's General Plan Land Use Designation from Residential Low Medium Density (RLM) and Residential Medium Density (RM) to Residential High Density (RH), Residential Medium-High Density (RMH), and Open Space (OS). The Zone Change (ZC 04-08) will change the property's Zoning from Limited Control (L-C) to Residential Density- Multiple (RD-M) and Open Space (OS). The RH and RMH Land Use designations and the RD-M Zoning designations will apply to the two residential lots for 90 residential condominium units and the OS Land Use FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED B/ D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 - GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 04-05HDP04-05/SDP 04-07/HMPP 06-08 - Poinsettia Place and Zoning designations will apply to the three Open Space lots. The Local Coastal Program Amendment (LCPA 04-08) will change the Local Coastal Program Land Use and Zoning designations to be consistent with the City's General Plan and Zoning designations. The proposed Land Use and Zoning amendments are necessary to provide consistency between the proposed development and the General Plan, Local Coastal Program, and Citywide Zoning. Ten letters were submitted with concerns and statements of opposition to the proposal. Several residents of the existing Poinsettia Heights townhouse development located on the north side of Cassia Road immediately across from the project site, provided public testimony regarding traffic, parking and pedestrian safety along Cassia Road, the adequacy of both the public notice and Mitigated Negative Declaration prepared for the project, the project's consistency with the Local Coastal Program, and compatibility of the proposed RMH and RH General Plan designations for the site relative to the densities of existing development in the surrounding neighborhood. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed project. FISCAL IMPACT: All public infrastructure required for this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to biological resources and noise and mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have now been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was published in the newspaper and sent to the State Clearinghouse for public agency review. Comments from the U.S. Fish and Wildlife Service (USFWS) were received during the 30 day public review period from April 7, 2006 to May 8, 2006. The MND incorporates conditions appropriate to address the concerns of the USFWS. GROWTH MANAGEMENT STATUS: Local Facilites Management Plan Zone Proposed Growth Control Point RMH/RH Proposed Net Density 21 1 1 .5/1 9 dwelling units per acre 1 1 .32/25 dwelling units per acre EXHIBITS: 1. 2. 3. 4. 5. 6. NS-828 2006-370 City Council Ordinance No.. City Council Resolution No. Location Map Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 6191, 6192, 6193, 6194, and 6196 Planning Commission Staff Report, dated November 15, 2006 Draft Excerpts of Planning Commission Minutes, dated November 15, 2006. DEPARTMENT CONTACT: Christer Westman (760) 602-4614 cwest@ci.carlsbad.ca.us 1 ORDINANCE NO. NS-828 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 04-08, 4 FROM LIMITED CONTROL TO RESIDENTIAL DENSITY- MULTIPLE AND OPEN SPACE ON A 20.4-ACRE PARCEL 5 GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II 6 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. 7 CASE NAME: POINSETTIA PLACE CASE NO.: ZC 04-08 8 The City Council of the City of Carlsbad, California, does hereby resolve as 9 follows: 1° SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the 11 zoning map, is amended as shown on the map marked Exhibit "ZC 04-08," dated November 15, 12 2006 attached hereto and made a part hereof. 13 SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6189 constitute the findings and conditions of the City Council.16 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its adoption but not until LCPA 04-08 is approved by the California Coastal Commission,18 and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation within fifteen days after its adoption. 21 "' 22 "' 23 "' 24 l» 25 '" 26 I" 27 I" 28 '" 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 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 19th day of December, 2006, and thereafter PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad, California, on the day of , 2007, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk -2- ZC 04-08 November 15. 2006 POINSETTIA PLACE EXISTING u u JRD-M j j OS PROPOSED Related Case File No(s): GPA 04-12/LCPA 04-08/CT 04-1 0 /CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/HMPP 06-08 G.P. Map Desic Property A. 215-020-23-00 B. C. D. From: L-C nation Change To: RD-M/OS 1 RESOLUTION NO. 2006-370 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL 4 PLAN AMENDMENT (GPA 04-12) TO CHANGE THE PROPERTY'S GENERAL PLAN LAND USE DESIGNATION 5 FROM RESIDENTIAL LOW MEDIUM DENSITY (RLM) AND RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH 6 DENSITY (RH), RESIDENTIAL MEDIUM-HIGH DENSITY (RMH), AND OPEN SPACE (OS); A LOCAL COASTAL PROGRAM 7 AMENDMENT (LCPA 04-08) TO CHANGE THE COASTAL PROGRAM LAND USE AND ZONING DESIGNATIONS TO BE 8 CONSISTENT WITH THE CITY'S GENERAL PLAN AND ZONING; A TENTATIVE TRACT MAP (CT 04-10), 9 CONDOMINIUM PERMIT (CP 04-05), HILLSIDE DEVELOPMENT PERMIT (HDP 04-05), SITE DEVELOPMENT PLAN (SDP 04-07), 10 AND HABITAT MANAGEMENT PLAN PERMIT (HMPP 06-08) TO SUBDIVIDE A 20.4 ACRE SITE INTO TWO RESIDENTIAL LOTS 11 FOR 90 CONDOMINIUMS AND THREE OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED SOUTHEAST OF THE 12 INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 13 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: POINSETTIA PLACE 14 CASE NO.: GPA 04-12/LCPA 04-08/CT 04-10/CP 04-05 HDP 04-05/SDP 04-07/HMPP 06-08 i <J WHEREAS, pursuant to the provisions of the Municipal Code, the Planning16 Commission did, on November 15, 2006, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting lo Program, General Plan Amendment, Local Coastal Program Amendment, Tract Map, 20 Condominium Permit, Hillside Development Permit, Site Development Plan, and Habitat 21 Management Plan Permit; and 22 WHEREAS, the City Council of the City of Carlsbad, on the 19th day of 23 December f 2006, held a duly noticed public hearing to consider said Mitigated 24 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan 25 Amendment, Local Coastal Program Amendment, Tract Map, Condominium Permit, Hillside 26 Development Permit, Site Development Plan, and Habitat Management Plan Permit and at that 27 time received recommendations, objections, protests, comments of all persons interested in or 28 opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 1 Program, General Plan Amendment (GPA 04-12), Local Coastal Program Amendment (LCPA 2 04-08), Tract Map (CT 04-10), Condominium Permit (CP 04-05), Hillside Development Permit 3 (HDP 04-05), Site Development Plan (SDP 04-07), and Habitat Management Plan Permit 4 (HMPP 06-08); and 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 6 Carlsbad, California, as follows: 1. That the above recitations are true and correct. o 2. That the findings and conditions of the Planning Commission as set forth in 9 Planning Commission Resolutions No. 6187, 6188, 6190, 6191, 6192, 6193, 6194, and 6196 on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 11 3. That the application for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan Amendment, Local Coastal Program 12 Amendment, Tract Map, Condominium Permit, Hillside Development Permit, Site Development Plan, and Habitat Management Plan Permit on property generally located south of Cassia Road 13 and west of Poinsettia Lane is approved as shown in Planning Commission Resolutions No. 6187, 6188, 6190, 6191, 6192, 6193, 6194, and 6196. 14 4. That the application to change the property's General Plan Land Use designation 15 from Residential Low Medium Density (RLM) and Residential Medium Density (RM) to Residential High Density (RH), Residential Medium-High Density (RMH), and Open Space (OS) on land generally located south of Cassia Road and west of Poinsettia Lane as shown in Planning Commission Resolution No. 6188, is hereby accepted, approved in concept, and shall be formally approved with a future GPA Batch. 18 5. That all vehicles associated with the construction of the project shall be parked on-site to the maximum extent feasible and specifically not on Cassia Road and subject to the approval of the City Engineer. 20 6. This action shall not become final until Local Coastal Program Amendment 21 (LCPA 04-08) is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. The Provisions of Chapter 1.16 of the Carlsbad 22 Municipal Code, "Time Limits for Judicial Review" shall apply: 23 "NOTICE TO APPLICANT" 24 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been 25 made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in 26 the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the 27 28 1 decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such 2 record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the 3 record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the 4 record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 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 City Council of the City of Carlsbad on the 19th day of December, 2006, by the following vote: AYES: Council Members Kulchin, Hall, Packard, Sigafoose NOES: Council Member Lewis ABSENT: None CLAUDE'A LEWIS, Mayor ATTEST: LDRRAINE M. WOOD, qjy,Ctejfc T (SEAL) c^." "$£/$sm*.^ EXHIBIT 3 SITEMAP NOT TO SCALE POINSETTIA PLACE GPA 04-12/ZC 04-08 /LCPA 04-08/CT 04-10/ CP 05-05/HDP 04-05/SDP 04-07/HMPP 06-08 EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6187 2 A RESOLUTION OF THE PLANNING COMMISSION OF 3 THE CITY OF CARLSBAD, CALIFORNIA, RECOM- MENDING ADOPTION OF A MITIGATED NEGATIVE 4 DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT (GPA 04-12) TO CHANGE THE PROPERTY'S 6 GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL LOW MEDIUM DENSITY (RLM) AND 7 RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDEN- TIAL HIGH DENSITY (RH), RESIDENTIAL MEDIUM- 8 HIGH DENSITY (RMH), AND OPEN SPACE (OS); A ZONE o CHANGE (ZC 04-08) TO CHANGE THE PROPERTY'S ZONING FROM LIMITED CONTROL (LC) TO 10 RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE (OS); A LOCAL COASTAL PROGRAM AMENDMENT (LCPA 04-08) TO CHANGE THE COASTAL PROGRAM LAND USE AND ZONING DESIGNATIONS TO BE 12 CONSISTENT WITH THE CITY'S GENERAL PLAN AND 13 ZONING; A TENTATIVE TRACT MAP (CT 04-10), CONDO- MINIUM PERMIT (CP 05-05), HILLSIDE DEVELOPMENT 14 PERMIT (HDP 04-05), SITE DEVELOPMENT PLAN (SDP 04-07), COASTAL DEVELOPMENT PERMIT (CDP 04-23), 15 AND HABITAT MANAGEMENT PLAN PERMIT (HMPP 06-08) FOR THE SUBDIVISION OF 20.4 ACRES INTO FIVE LOTS FOR RESIDENTIAL CONDOMINIUM PURPOSES 17 AND CONSTRUCTION OF 60 TOWNHOME CONDO- MINIUMS AND 30 STACKED-FLAT CONDOMINIUMS ON 18 PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE 19 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 20 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. 21 CASE NAME: POINSETTIA PLACE CASE NO.: GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/ 22 CP 05-05/HDP 04-05/SDP 04-07/CDP 04-237 HMPP 06-08 24 WHEREAS, Sierra Linda Development Company, "Developer," has filed a 25 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia Land Company, a California Limited Liability Co., "Owner," described as 27 The north half of the southwest quarter of the southwest 28 quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 1 ("the Property"); and 2 WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with 3 said project; and 4 WHEREAS, the Planning Commission did on the 15th day of November, 2006, 5 hold a duly noticed public hearing as prescribed by law to consider said request; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony ° and arguments, examining the initial study, analyzing the information submitted by staff, and 9 considering any written comments received, the Planning Commission considered all factors 10 relating to the Mitigated Negative Declaration. 11 ' NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 13 Commission as follows: 14 A) That the foregoing recitations are true and correct. 15 B) That based on the evidence presented at the public hearing, the Planning 16 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND," 17 according to Exhibits "NOI" dated April 7, 2006, and "PII" dated March 21, 2006, attached hereto and made a part hereof, based on the following findings: 18 Findings: 20 1. The Planning Commission of the City of Carlsbad does hereby find: 21 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Poinsettia Place and the 22 environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 24 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California 25 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and26 27 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 28 d. based on the El A Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PCRESONO. 6187 -2- / 1 2 3 4 5 — / 6 7 8 9 10 11 1 ^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 Commission of the City of Carlsbad, California, held on the 15th day of November, the following vote, to wit: Planning 2006, by AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and Whitton NOES: Commissioner Segall ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: H88*^ \ ±Qj \^ » ^oc~- JUUE BAtCER, Vice Chairperson CAKESBTlD PLANNING COMMISSION ATTEST:r\ * WuyCsleu DON NEU Assistant Planning Director PCRESONO. 6187 -3-11 City of Carla H^ •(••••••••iWB^^^^^^^^B^^B* 01 Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION r/County Clerk CASE NAME: CASE NO: PROJECT LOCATION: Poinsettia Place GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/ HDP 04-05/SDP Q4-07/CDP 04-23 Southeast corner of Poinsettia Lane and Cassia Road APR 0 7 2006 SfL DEPUTY PROJECT DESCRIPTION: Subdivision and construction of 60 townhome and 30 stacked-flat condominiums on 20.4 gross acres. Additional improvements include various passive recreation areas, a common swimming pool, a small RV storage yard, surface parking and landscaped areas. The project includes a General Plan Amendment and Zone Change to change the property's existing General Plan Land Use designation of Residential Low Medium (RLM) to Residential High (RH) and Open Space (OS); and Zoning designation of Limited Control (LC) to Residential Density-Multiple (RD-M) and Open Space (OS). The Local Coastal Program land use designations will be changed to match those of the General Plan and Zoning. The project site contains both disturbed and natural vegetation areas. The development of the site is proposed within the areas that have been disturbed. The site topography includes small hills and a flat sloping area created by the development of the existing townhouse project across Cassia Road. East of the project site is Open Space and an apartment complex. Property south of the site is vacant with native vegetation and is currently proposed for development as town houses and stacked-flat condominiums. West of the project site it is developed with apartments. Poinsettia Lane has been constructed up to this point and is planned for extension to the east to make its final connection to El Camino Real. 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 releasgd 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 City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 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 Christer Westman in the Planning Department at (760) 602-4614. FILED IN THE OFFICE OF THE COUNTY CLERKPUBLIC REVIEW PERIOD PUBLISH DATE April 7. 2006 though May 8. 2006 April 7. 2006 Returned to agency ^n Deputy j« 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23 DATE: March 21.2006 BACKGROUND 1. CASE NAME: Poinsettia Place 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Christer Westman (760) 602-4614 4. PROJECT LOCATION: Southeast corner of Poinsettia Lane and Cassia Road 5. PROJECT SPONSOR'S NAME AND ADDRESS: Sierra Linda Development Company 219 Meadow Vista Way Encinitas CA 92024 6. GENERAL PLAN DESIGNATION: Residential Low Medium (ELM] and Residential Medium (RM) 7. ZONING: Limited Control (L-C) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED: California Coastal Commission 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Subdivision and construction of 60 townhome and 30 stacked-flat condominiums on 20.4 gross acres. Additional improvements include various passive recreation areas, a common swimming pool, a small RV storage yard, surface parking and landscaped areas. The project includes a General Plan Amendment and Zone Change to change the property's existing General Plan Land Use designation of Residential Low Medium (RLM) to Residential High CRH~) and Open Space (OS): and Zoning designation of Limited Control (LC) to Residential Density-Multiple (RD-M) and Open Space (OS). The Local Coastal Program land use designations will be changed to match those of the General Plan and Zoning. The project site contains both disturbed and natural vegetation areas. The development of the site is proposed within the areas that have been disturbed. The site topography includes small hills and a flat sloping area created by the development of the existing townhouse project across Cassia Road. East of the project site is Open Space and an apartment complex. Property south of the site is vacant with native vegetation and is currently proposed for development as town houses and stacked-flat condominiums. West of the project site it is developed with apartments. Poinsettia Lane has 1 Rev. 02/22/06 been constructed up to this point and is planned for extension to the east to make its final connection to El Carcuno~Real. Rev. 02/22/06 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality X Biological Resources X. Cultural Resources Geology/Soils Hazards/Hazardous Materials Hydrology/Water Quality Land Use and Planning [ | Recreation Mineral Resources Noise Population and Housing Public Services Mandatory Findings of Significance X Transportation/Circulation Utilities & Service Systems Rev. 02/22/06 /7 DETERMINATION. D 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. Placing Director's Signature Date/7 Rev. 02/22/06 n ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) 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-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all 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 is 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. Rev. 02/22/06 • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (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 EIA-Initial Study 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 after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 02/22/06 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? (a, b, c, & d) No Impact. This potential impact has been previously addressed in the General Plan EIR, which states that the aesthetic character of Carlsbad will be substantially altered from implementation of the General Plan, and that the aesthetic quality of scenic corridors (such as Poinsettia Lane) will be degraded. This document provides project- level mitigation measures which will be applied to the project to mitigate this potential impact to an insignificant level. Potential impacts will also be mitigated by the project's use of enhanced architectural elements and landscaped setback buffers, as well as the project's compliance with the City's Livable Neighborhoods Policy, Hillside Development Ordinance, and the Development Standards for Planned Developments and Multiple Dwellings. The project site is in a topographic depression that is the low point of a small valley. Because of this, the project will not be readily visible outside of its immediate surroundings. Therefore the project will not significantly impact public views, obstruct a scenic vista, or create an aesthetically offensive public view II. AGRICULTURAL 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-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Rev. 02/22/06 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? D a (a, b, & c) No Impact. The site is not designated as 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; and, is not under Williamson Act contract. III. 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: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Rev. 02/22/06 (a) No Impact. The project site is locked in the San Diego Air Basin whfch is a state non-attainment area for ozone (O3) and for participate matter less than or equal to 10 microns in diameter (PM10). 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 (APCD) 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 9* 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 and/or 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 15125(B) of the State of California Environmental 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 RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. (b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. 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 (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. Rev. 02/22/06 Less Than Significant Impact. The air basin is currently in a state 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 basin. 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 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. (d) No impact. As noted above, the proposed 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) 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. IV. BIOLOGICAL RESOURCES - Would the proj ect: a) 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 U.S. Fish and Wildlife Service? b) 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 U.S. Fish and Wildlife Service? c) 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? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n X 10 Rev. 02/22/06 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact D No Impact D 11 Rev. 02/22/06 (a) Potentially Significant Unless Mitigation Incorporated. The Federally listed threatened coastal California gnatcatcher was observed onsite in two locations in the southern maritime chaparral. A red-tailed hawk was also observed. The project will not have direct impacts to either locations where the species were observed, however the project will have direct impacts to the fringe areas of what is assumed to be habitat used by the gnatcatchers and red-tailed hawk. Mitigation for the impacts to the habitat fringes will include onsite habitat creation within areas of preservation. (b) Potentially Significant Unless Mitigation Incorporated. Habitats impacted include 1.17 acres of Southern Maritime Chaparral, 0.04 acres of disturbed Southern Maritime Chaparral, and 0.03 acres of disturbed Southern Maritime Chaparral/Coastal Sage Scrub ecotone. In total, 11% of .the Southern Maritime Chaparral onsite is affected. The majority of the impacts to Southern Mixed Chaparral and all of the Southern Willow Scrub are within' the Poinsettia Lane area of construction which is a Circulation Element Roadway in the City of Carlsbad General Plan. Impacts to the Southern Maritime Chaparral and riparian habitats from the residential portion of the project have been minimized to the extent practicable but are considered significant because these native communities are considered sensitive. Mitigation for all habitat types will include onsite creation at a ratio of 1:1. The remaining mitigation shall be accomplished through the purchase of credits within a suitable mitigation bank at a ratio of 2:1. The open space lot(s) which are being conserved for natural habitat shall be conserved by a recorded easement; shall be managed by a conservation entity; and, shall be endowed with an appropriate sum determined by a PAR. (c) Potentially Significant Unless Mitigation Incorporated. A formal jurisdictional delineation has not been completed to determine if a there is Army Corps jurisdictional areas onsite. The 0.2 acres of southern willow scrub habitat present onsite is California Department of Fish and Game jurisdictional habitat. The 0.2 acres of southern willow scrub habitat will be directly impacted by the improvement of the project's Poinsettia Lane improvements. Mitigation for the impact is proposed through the purchase of wetland credits at a ratio of 3:1. (d) No Impact. The project development area is largely restricted to areas of previous disturbance. Habitat areas are for the most part in the onsite preserve and are adjacent to preserve areas offsite. (e) No Impact. The project is not in conflict with any local protection/preservation ordinances. (0 Potentially Significant Unless Mitigation Incorporated. The City of Carlsbad Habitat Management Plan (HMP) requires the conservation of narrow endemic species. A community of 199 individuals of Nuttall's Scrub Oak is located onsite. As a "small" community, 60% or more of the community must be preserved. 52 plants are impacted and 147 individuals, 74% of the total, are preserved. A population of 58 Del Mar Manzanitasis located onsite, of which 7 Del Mar Manzanita plants are impacted. Mitigation for the impact must either be avoidance or transplantation of the seven individuals. The Biological Technical Report dated October 25, 2004 and prepared by Helix Environmental Planning, Inc. is attached for additional information. CITY OF CARLSBAD HABITAT MANAGEMENT PLAN A summary of consistency with the City of Carlsbad Habitat Management Plan is attached. 12 Rev. 02/22/06 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 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? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains,, including those interred outside of formal cemeteries? (a, b, & d) No Impact. No evidence has been presented for the site to establish it as a significant historical resource, or as a location with the presence of significant archeological resources or human remains. (c) Potentially Significant Unless Mitigation Incorporated. The site was previously studied in conjunction with the Sfregola Stockpile Permit. At that time the study indicated the site potentially contained paleontological fossils, and mitigation measures were applied to the project to reduce this potential impact to a level of less than significant. The work conducted for the stockpile was monitored and completed. The potential for any impacts associated with the further development of the site will be mitigated wherein a qualified paleontologist will perform a site survey, review the grading plan, and monitor grading operations. If paleontological resources are unearthed, then standard recovery methods shall be implemented. 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. ii. Strong seismic ground shaking? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n 13 Rev. 02/22/06 iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? 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? 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? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 14 Rev. 02/22/06 (a & b) No Impact. A geotechnical evaluation was prepared by GeoTek, Inc. dated April 2004, for the site which states that the proposed development appears feasible from a geotechnical standpoint provided that the recommendations included in the evaluation are incorporated into the design and construction phases of the project. The recommendations included in the evaluation have been incorporated into the design and will be required as conditions of approval for the construction phase of the project. As stated in the geotechnical evaluation, the site is not within an Alquist-Priolo Earthquake Fault Zone; no active or potentially active fault is known to exist at the site; the potential for liquefaction is low due to the dense and clay like nature of the of the subsurface soils and lack of a shallow water table; the potential for dynamic settlement due to liquefaction or soil densification is negligible; and the potential for secondary seismic hazards such as seiche and tsunami is negligible due to the site's elevation and distance from an open body of water. (c) Less Than Significant Impact. The geotechnical evaluation for the project prepared by GeoTek, Inc., dated April 2004, states that the proposed development appears feasible from a geotechnical standpoint provided that the recommendations included in the evaluation are incorporated into the design and construction phases of the project. The recommendations included in the evaluation will be incorporated into the design and construction phases of the project and will be project conditions of approval. (d&e) No Impact. systems. Expansive soils have not been identified onsite. The project will connect to existing City sewer VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) 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? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 15 Rev. 02/22/06 D D d) 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? e) 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? f) 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? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) 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? (a, b, c, d, e, f, g, & h) No Impact. The project does not involve the use, transport or disposal of hazardous materials. The project site is not on the State Hazardous Waste and Substances List. The project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The project site is within two miles of the McClellan-Palomar Airport, however is not within the flight path, within the flight activity zone or airport influence area. The project has been designed with an internal private road that serves as a buffer between the proposed structures and the project Open Space in compliance with fire safety regulations as they relate to structure protection from wildlands. D D VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) 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 (i.e., 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)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D 16 Rev. 02/22/06 c) 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? d) 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? e) 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? f) Otherwise substantially degrade water quality? g) 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? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) 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? j) Inundation by seiche, tsunami, or mudflow? (a, b, c, d, e, f, g, h, I, & j) No Impact. As described in the Storm Water Management Plan prepared for Poinsettia Place by Hunsaker'and Associates, dated June 30, 2005, the project conforms to best management practices for preserving water quality prior to discharging into the public storm water system. There is no existing significant water drainage pattern onsite nor is the project located within an area that is subject to flooding. The site is not within a 100-year floodplain. The potential for secondary seismic hazards such as seiche and tsunami is negligible due to the site's elevation and distance from an open body of water Due to the routing of developed flows to below that of existing natural flows, the development has no negative impact upon the existing flow of the tributary to which the site drains. Existing peak flows are 19.7 cfs and developed condition peak flows are projected to be 18.5 cfs.. IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact 17 Rev. 02/22/06 31 nb) 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? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (a) No Impact. The site is vacant and planned for residential development in the City's General Plan. This area has a General Plan designation of Residential Medium Density (4-8 dwelling units per acre). The development will be clustered on the northern one-third of the site and will be an integral part of the developing, surrounding residential community. The project will not divide an established community. The southern two-thirds of the site will remain in natural open space. (b) Less Than Significant Impact. The project includes a request for an amendment to the General Plan and Zoning designations for the site as well as the Land Use and Zoning designations for the Local Coastal Program. The changes are as a result of clustering development on the disturbed portions of the site and changing the General Plan designation to Residential High (RH) and preserving the remaining areas as Open Space (OS). (c) Less Than Significant Impact. The City of Carlsbad Habitat Management Plan acknowledges both public and private development within the City limits. The project is consistent with the intent of allowing development to occur within the City with the. implementation of appropriate preservation and conservation measures. The development of the site is limited to 25% of the gross site area. The project as proposed will include some quantifiable impacts to the natural community, however, mitigation measures can be applied to limit the impacts to levels of less than significant. The proposed density and type of development are consistent with the General Plan, Growth Management Program, Zone 21 Local Facilities Management Plan, Zoning Ordinance, and Inclusionary Housing Ordinance. X. MINERAL RESOURCES - Would the proj ect: 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? 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? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact (a, & b) No Impact. No significant mineral resources were identified in the area through the field exploration performed by GeoTek, Inc. and disclosed in their report dated April 2004. 18 Rev. 02/22/06 XL 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? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 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? 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 working in the project area to excessive noise levels? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D 19 Rev. 02/22/06 a) - Potentially Significant Unless Mitigation Incorporated. Based on the findings of the Acoustical Site Assessment prepared for the project by Investigative Science and Engineering, Inc. dated April 20, 2004, future exterior noise levels surrounding the project would not exceed the City threshold of 60 dBA Community Noise Equivalent Level (CNEL). Thus, no exterior mitigation would be required. Future interior noise levels within the project could potentially exceed the City threshold of 45 dBA CNEL due to noise from traffic on Poinsettia Lane and Cassia Road. Thus, interior noise mitigation, i.e. specialized door and window treatments, would be required for certain units as specified in the Acoustical Site Assessment. The Acoustical Site Assessment also states that an interior noise study would be required prior to issuance of building permits to demonstrate that the architectural design would limit interior noise levels to 45 dBA CNEL. Implementation of the suggested mitigated measures will reduce the impacts to a level of less than significant. (b&c) No Impact. The project is a residential subdivision. There is no historical evidence that condominium development will generate groundbourne noise or vibration or that it will generate a substantial increase above existing ambient noise levels. (d)Less Than Significant Impact. The project will generate a short-term, temporary increase in existing noise levels due to construction activities. This is not considered a significant impact. In addition, this potential impact has be,en previously addressed in the General Plan EIR. This document provides project-level mitigation measures which will be applied to the project to mitigate this potential impact to an insignificant level. (e&f) No Impact. The site is far enough away from the McClellan-Palomar Airport to be outside of the airport 60 dBA CNEL noise contour and that it will not be significantly impacted by noise generated by airport operation and use. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D 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)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (a, b, & c) No Impact. The project site is vacant and undeveloped. No property immediately adjacent to the site is developed. There is an existing multi-family residential development located across Cassia Road to the north. The project is located in an area that is designated for residential development. Development of the site will not induce substantial growth but will accommodate the growth anticipated by the General Plan. Because there is no existing development onsite there will not be displacement of any kind. 20 Rev. 02/22/06 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? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact (a) No Impact. In accordance with the General Plan EIR, the project will be conditioned to comply with the Zone 21 Local Facilities Management Plan performance standards for public facilities and services to ensure that adequate public facilities and services are provided prior to or concurrent with the development. No new or physically altered government facilities will be required with the approval of this project. The site is within a five-minute response time from Fire Stations 2 and 4. Police Department staffing is at an adequate level to provide services. The project will pay school fees to the Carlsbad School District and Park In-Lieu fees to the City of Carlsbad. 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? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 21 Rev. 02/22/06 3 (a, & b) No Impact. In accordance with the_General Plan EIR, the project will be conditioned to comply with the Zone 21 Local Facilities Management Plan performance standards for recreation facilities to ensure that adequate public recreation is available and will adequately serve the development. Typically payment of a "Park-in-Lieu Fee" is required for all new residential development. Public parks have been provided within the southwest quadrant of the City to satisfy the individual Zone Plan requirements. All private recreation will be provided onsite and is within the development envelope established for the project. Provision of the private recreation will not result in "additional" impacts to the environment. XV. TRANSPORTATION/TRAFFIC - Would the project: a) 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)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 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? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact El El El El 22 Rev. 02/22/06 Less Than Significant Impact. AJraffic impact analysis was prepared by Linscott, Law & Greenspan, Traffic Impact Analysis Poinsettia Place, dated October 11, 2005. According to that report the project will generate 720 Average Daily Trips (ADT) and 58 a.m. and 70 p.m. peak hour trips. This traffic will utilize the following roadways: Poinsettia Lane and El Camino Real. Existing traffic (ADT 2005) on these arterials are 32,000 on El Camino Real and 3,700 on Poinsettia Lane. The 2004 peak hour level of service at the arterial intersection of El Camino Real and Poinsettia Lane has not been monitored because Poinsettia Lane has not been fully constructed west of El Camino Real. The design capacities of the arterial roads effected by the proposed project is(are) up to 40,000 vehicles per day on Poinsettia Lane and over 40,000 vehicles per day on El Camino Real. The total project traffic without considering disbursement would represent 5% and 1.8% of the existing traffic volume and the design capacity respectively of Poinsettia Lane and the percentage will be less for El Camino Real. While the increase in traffic from the proposed project may 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) 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: Existing ADT* LOS Buildout ADT* Rancho Santa Fe Road 17-35 "A-D" 35-56 El Camino Real 27-49 "A-C" 33-62 Palomar Airport Road 10-57 "A-D" 30-73 SR78 124-142 "F" 156-180 1-5 ' 199-216 "D" 260-272 * 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) 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) 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. (e) No Impact. The proposed project has been designed to satisfy the emergency access requirements of the Fire and Police Departments. No impact assessed. 23 Rev. 02/22/06 ^- (f) No Impact. The proposed project is not requesting a parking variance." Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply for the dwelling units and guests. No impact assessed. (g)No Impact. The project site is located at the intersection of Poinsettia Lane and Cassia Road. Bus service to the project or to a location near the project and facilities for the service will be determined by North County Transit District. Approval and construction of the project will not be in conflict with the programs supporting alternative modes of transportation. XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) 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? c) 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? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 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? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact n X n 24 Rev. 02/22/06 (a, b, c, d, e, f, & g) No Impact. The project is a residential development of 90 new condominiums. The addition of 90 dwelling units will not require the creation of new wastewater treatment or storm water drainage facilities. Potable water is available to the project through the Carlsbad Water District and sewer capacity for the project is available also at the Encinas Wastewater Treatment Facility. Sufficient land fill capacity is available in San Diego County according to the San Diego County Integrated Waste Management Plan Countrywide Siting Element, 2005 5-Year Revision Final, dated September 2005. Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated b) 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? 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?) n c)Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) No Impact. The project is proposed for development within an area that has been previously disturbed and therefore does not have the potential to substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) No Impact. Impacts associated with the project are identified to be at a level of less than significant after mitigation. Similarly, past, current and probable future project impacts have been or can be mitigated and therefore will not have a cumulative considerable environmental impact. c) No Impact. The project is intended for and for the benefit of human beings. 25 Rev. 02/22/06 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: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 26 Rev. 02/22/06 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCESi - 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. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Biological Technical Report prepared by Helix Environmental Planning, Inc., dated October 25,2004 3. Traffic Impact Analysis: Poinsettia Place prepared by Linscott Law and Greenspan, dated October 11, 2005 4. Drainage Study for Poinsettia Place prepared by Hunsaker and Associates San Diego Inc., dated September 22, 2004 5. Storm Water Management Plan for Poinsettia Place prepared by Hunsaker and Associates San Diego, dated June 30, 2005 6. Geotechnical Evaluation for Proposed Residential building SRWB Property prepared by GeoTek, Inc., dated April 13, 2004 7. Acoustical Site Assessment, prepared by Investigative Science and Engineering, Inc., dated April 20, 2004 27 Rev. 02/22/06 .'// Cj LIST OF MITIGATING MEASURES 1. Impacts to 1.17 acres of Southern Maritime Chaparral (SMC) shall be mitigated at a minimum 3:1 ratio for a total of 3.51 acres that shall be created and/or substantially restored onsite. Alternatively, up to 2.34 acres, two-thirds of the. total mitigation required, may be provided through purchase of mitigation bank credits. 2. Impacts to 0.04 acres of disturbed SMC shall be mitigated at a minimum 3:1 ratio for a total of 0.12 acres that shall be created and/or substantially restored onsite. Alternatively, up to 0.08 acres, two-thirds of the total mitigation required, may be provided through purchase of mitigation bank credits. 3. Impacts to 0.03 acres of disturbed SMC/Costal Sage Scrub (CSS) shall be mitigated at a minimum 3:1 ratio for a total of 0.09 acres that shall be created and/or substantially restored onsite. Alternatively, up to 0.06 acres, two-thirds of the total mitigation required, may be provided through purchase of mitigation bank credits. 4. Impacts to 0.02 acres of Southern Willow Scrub (SWS)/CDFG jurisdictional riparian wetland shall be mitigated at a minimum 3:1 ratio for a total of 0.06 acres. Mitigation shall be in the form of mitigation credit purchased from the proposed North County Habitat Bank in Carlsbad. 5. Impacts to 7 Del Mar Manzanita plants (a Narrow Endemic) will be mitigated by on-site preservation of the remaining 51, and avoidance of 7 Del Mar Manzanita plants, or transplantation of the 7 Del Mar Manzanita plants within the project preserve area. ' 6. Impacts to 52 Nuttall's Scrub Oak plants will be mitigated by on-site preservation of the remaining 147 (74%) which is in excess of the HMP minimum 60% preservation requirement. 7. All disturbed areas, disturbed habitats and Non-native Grassland that will be preserved in open space will be restored to SMC to ensure no net loss of SMC. 8. Prior to issuance of a grading permit, the project applicant shall pay mitigation fees as established by the City of Carlsbad Habitat Management Plan for impacts to specified habitat types. 9. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the city's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot (s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s) which includes an Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City. The Conservation Easement shall provide that the non-wasting endowment shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). e. Prepare an Interim Management Plan which will ensure adequate management of the open space lot(s) until such time as a permanent preserve management plan is prepared and approved by the City. 10. Prior to the issuance of a grading permit, the applicant shall contract with a qualified paleontologist for monitoring the grading operations and performing duties as outlined in the City of Carlsbad's Cultural Resources Guidelines manual. 28 Rev. 02/22/06 11. Prior to issuance of a building permit, evidence shall be provided to the City that interior noise levels for the condominiums will be-mitigated to an interior noise level no greater than 45 dBA CNEL when the windows and doors are closed. 29 Rev. 02/22/06 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 30 Rev. 02/22/06 CM O 0)O)05 QL i o 0 00O4 ^0-o ooo40 ON g 1 QL O a.a.s iCMi ^0 a.au ^9•*o a.a CO o40 a.Q X uS 9u>• • oCO _ LLJ U CO 10 ^ SZ^jw CL HI O — 0 U_ T- <uo(Q O. (01to 'oQ. lii £"ro .0) 1 oo 9(Oo o 0 b c 0'o* Q. CA '£ b "ra 1ffiCLQ. < M—O CA C O '•5 0(J 0 -*-^o ^_ 0 "ro oQ.boc 20§ CA 0 ~^[ ra0 E o "ro£P E "c ^*\ QJ OQ | *~ 2 l— c^ < 0 ^ Q rj\ ~2L _i c r™ ^^ ^O > oUJ O ^-> a: -20 a: a,o: a. .£Q- < h- ra CAJD73o .9 0c3 measco "raO) I ora0 £ *^— ~V O 0.C CJ 0cO) CO ^_Jc T3 ^J0 Q.Eoo < 0ocroo *^—'c O) (/)c "o 1.2J ro o*-• JA ra0. .i S 0 I C0 T3 HE "c 0^2 _>. E0CACA ^Q ~ O Q. CA 0 ~*-f 5 CA•p 0E .— cr O) ^o4-<'co E _CA b 0(— .<2 ! —a T3Cro •a ^Jc0 0a. E" T3czra H— • $ -o0 "5. £oo c00J2 CAra leasure ht cg '.4— »ro O) |j aCA £ S" CO 0 CN co'ts0CO 0T30o CA0 Resourco r) 3 Q^ OCO CO = bo •§ro :'§•-cc .g <E Q) d> c "5. -•...E c' ,O "• ' C/Jc. c.S-JS .cCO •*•*0) CC <D*C CQ £rti ^~c; TO il OJ C ,"C 0)S ac i^1 os 1Mitigation Measurec 'ccro Q. •Q <D'? Q.Impacts to 1.44 acres of Southern Maritime Chaparral (SMC) shallbe mitigated at a minimum 3:1 ratio for a total of 4.32 acres thatshall be created and/or substantially restored onsite. Alternatively,up to 2.88 acres, two-thirds of the total mitigation required, may beprovided through purchase of mitigation bank credits.TO 'Ecro Q. •£ CD'e' CL Impacts to 0.05 acres of disturbed SMC shall be mitigated at aminimum 3:1 ratio for a total of 0.15 acres that shall be createdand/or substantially restored onsite. Alternatively, up to 0.10acres, two-thirds of the total mitigation required, may be providedthrough purchase of mitigation bank credits.O) 'Ecro CL -s -CD,'o* CL Impacts to 0.04 acres of disturbed SMC/Costal Sage Scrub (CSS)shall be mitigated at a minimum 3:1 ratio for a total of 0.12 acresthat shall be created and/or substantially restored onsite.Alternatively, up to 0.08 acres, two-thirds of the total mitigationrequired, may be provided through purchase of mitigation bankcredits.D> 'Ef~ro Q. -5 CD '£FCL Impacts to 0.20 acres of Southern Willow Scrub (SWS)/CDFGjurisdictional riparian wetland shall be mitigated at a minimum 3:1ratio for a total of 0.60 acres. Mitigation shall be in the form ofmitigation credit purchased from the proposed North CountyHabitat Bank in Carlsbad.a.x T3 QCC o roQ.ro | JD .0 '«Coa.<n c 3 C JOa. S in(0 c -om j) • D. 2 l§:|| c •el.£ W CM t5 CM (D D)CO Q_ CO ECDct: g •o ro sH "=1 i"5.E co c/JC C °c! CO OVv£—C (D•c pa-i '§ S•i <us Q O)c•E: oj 2 CL '§h- 5>Mitigation Measure0)c' 'cc CO CL 0 "o" CL .£ « «= «by restorationimpact willes of mitigatictigation mayH ™ V Q-^ O COEt T-^ COr ^ ™ i£I CO ~ *" C "o £ o '-g .g o Q. o CL roCO 'J= ^ ^ (Q co ro ^ a; tlii.E £ £ CL a. 0)c '£ CO a. 0 'O" CL co -a co XI C £— CO"i .o S"5.| S | o>S ro ?:ii§UJ CO 0- Jjj s- E £ w|i|S S|o? 5. £ 2"Impacts to 7 Del Mar Manzanita plantsmitigated by on-site preservation ofavoidance of 7 Del Mar Manzanita plan7 Del Mar Manzanita plants within the pO)c 'c co CL ts<u CL i «-C 0 •+-I CD ^O) 5|1 % x? Q) w 5" '5ti 1 — CT Impacts to 52 Nuttall's Scrub Oak plarsite preservation of the remaining 147 (the HMP minimum 60% preservation rei0)c 'ccCO CL enc 'oO) O "^ O C **""* JS o (/) ^£ CO CO Oo || "r "wC (Do •- -o^ rol | All disturbed areas, disturbed habitatsthat will be preserved in open space \|| ensure no net loss of SMC.O)c 'ccCO CL "5 'Ef 0. ^ ro "c ^ ||| Q)05 ^ ? lo Prior to issuance of a grading permit,pay mitigation fees as established by tlManagement Plan for impacts to specifiT3C0)Q. n 3••eroQ. ro i1 •c0 'EoE L. .0 y> '<ncoQ.in £ >;oc o> J ^C 5(011 o S P ~ ro 3O> o. tf).£ CD ra o " c IIICL .E E II 0 0) '? §;§H5 jj 'i c 1 £ in" ra Q. c 0 c5 tn o> ^inra Ecg toO) ;«± C G}0) -Ji ^ "O II C 5 JU I §1 E c II CN CO (UcnCO Q_ w CO 0)o: S 55 o5 E o c t5 co CO cn cC 03c E 'E So £ O) 5 coP Q."= ><gation Measurecc 03 Q. O)C 6 6 CD <B C t fi.c ~ .2 £ Q00T3E ™flll 0 O) 0> •£ 0>c j= § o' 0) C = Oo CD *-' .i o>S c c Q >£ 2 CD: O) Ecm Q. O) 6O)c O 5. Prepare an Interim Management Plan whch will ensureadequate management of the open space lot(s) until such timeprepared andent preserve management planCityheabyas perapprovedacc CO Q. o 8"Q.rading permit, the applicant shallntologist for monitoring the gradinguties as outlined in the City ofGuidelines manual.gleontdrcesPrior to the issuance f acontract with a qualified paloperations and performingCarlsbad's Cultural ResourJS o'•cnQ. ra &Q. D(£. oo aQ. s £^c a> 5 ™1"°S T311 Ss£JS J> • Q- 23I §:! CN CU tc Q_ W'"«roE0).2*3•on}QX. c™ E 0 |:.E "5. E c '0 </>c c OE CO t"b .§*-• L_c w ^ 0p c \ O Q. c i^1 o - £3(0(Q 5 c_o O) i oxc >g '5m "o.si cL Prior to issuance of a building permit, evidence shall be providedto the City that interior noise levels for the condominiums will bemitigated to an interior noise level no greater than 45 dBA CNELwhen the windows and doors are closed.O)c'ccro rx t3 g^ rx Prior to issuance of a grading permit, the applicant shall submitfinal SMC upland habitat creation/restoration/enhancement plans,providing detail on the transplantation of the seven Del MarManzanita plants, to the City for review and approval. The finalplans shall include the following information and conditions:1.AII final specifications and topographic-based grading, plantingand irrigation plans (with 10-foot contours). All upland habitatcreation/restoration/enhancement sites shall be prepared forplanting by decompacting the top soil in a way that mimicsnatural upland habitat top soil to the maximum extentpracticable while maintaining slope stability. Topsoil and plantmaterials salvaged from the upland habitat areas to beimpacted shall be transplanted to, and/or used as aseed/cutting source for, the upland habitat restoration/creationareas to the maximum extent practicable as approved by theCity. Planting and irrigation shall not be installed until the Cityhas approved of upland habitat restoration/creation sitegrading. All planting shall be installed in a way that mimicsnatural plant distribution, and not in rows;"5-0) inroc y>f5 en ifllm XJ O E "3 lulative.nt, or Agency, responsible for monitoring a particulare <£. JL lanation ofQ ffi ngoing, cu= Departrrmeasure.--•5. -2illy H'S & . 1 "5o £ incen Q.coc .cinin £3inCO0) co rao>Je = When mnd dated._ coin <5 ID £ o. .2 is:1 E c £5.£ <n CM T— 'o in <DO) OJQ_ COCOa:a•a JS'£ co!••§a.*~_E C'o_ wC c5 J2 CO •*-<O) CC (!)ii s§^ O O)^c •"£ >C 1—o ^igation MeasureA£s .The upland plant palette proposed in the plans shall includenative species specifically associated with the habitat type(s).Unless otherwise approved by the City, only locally nativeCM "o0 Q. CO QJ Q (0 T30<n3 "ro (/> L.CO oc 'o0)Q. (/) CO (JJ D CO SCO -wcCO Q. 'o <0 '•W . _ "CO '>o 25 Q. b_ 4->O C*- COw "5.CJ)lj_ 1 2- "Q- to— i— •^3 > 'c 'c— c(0 CO £T3 *4— C.O O o w 00 -o <" £^a co To £^ *=w 55 £ ^ OT ^f~ »~ Coro Q) CL >* ^~ LO c-II§^o £ co 'co 1"o. JO CDQ^ CO Q 5 to function has been replaced by natural recruitment;.A final implementation schedule that indicates when all upland^habitat impacts, as well as creation/restoration/enhancementgrading, planting and irrigation shall begin and end. Uplandhabitat creation/restoration/enhancement grading, planting andirrigation shall be completed during the concurrent or nextplanting season (i.e., late fall to early spring) after finishinggrading within the creation/restoration/enhancement area.Any temporal loss of upland habitat caused by delays increation/restoration/enhancement shall be mitigated throughupland habitat preservation/creation/restoration/enhancementat a 0.5:1 ratio for every 6 months of delay (i.e., 1:1 for 12months delay, 1.5:1 for 18 months delay, etc.). In the eventthat the project applicant is wholly or partly prevented fromperforming obligations under the final plans (causing temporallosses due to delays) because of unforeseeablecircumstances or causes beyond the reasonable control, andwithout the fault or negligence of the project applicant, theproject applicant shall be excused by such unforeseeablecause(s);.• ' I£O"c »-<D O1 E"o. "^•i §i £ <0 Q « 3 CO OJ .C O)m '& 1 £ <D -C £ TI O>.illIS 13 0 O) ^ o) S! 15 CD €••=.£ 5l-= CTJ J k- ||| •5.1 < I1!•c £ > cc lanation of Headings:B = Project, ongoing, cumulative,litoring Dept. = Department, or Agency, responsible for monitoring a particularmitigation measure.O Q. Q UJH5 CL .>< T3C0)Q. Q 'mation.wn on Plans = When mitigation measure is shown on plans, this column will beinitialed and dated.£ _§ .£ co CN CD CD O)05Q. 'iCDE0)o: o•*= T3 & "= V |TI"a E co W5E <=«t (0OE CO O) cC G)•C £ jlQ o>c"C 0)o a.••— >•<C 1—O igatioh Measure*fs •f success criteria for uplando 2n<u>, <u iZ in enhancement areas including: a total oflute cover; evidence of natural recruitmentcreation/restoration/40-65 percent abso= 1TO £ <°S£ -1 0)o s*o_ 2— 0 75 0o 8^ *'18 S(1) u $1 ^0o •<-*lQ) £ g£ Q- 0o E to" o .0 C 1 =S"03 0) to" Q..9JpC tf) "o CD exotic/weed speciesantitative vegetation monitoring plan with a•oc05 U *4^ "ro < CD ampling locations. Photo points shall bemonitoring and stratified-random samplingmap of proposed sused for qualitativequantitative;i_ **— CD (TS »*-O 03 <B 0) 4-« C (/) § Mroci>.Contingency mI*-*.enhancement failure; andcreation/restoration/aintenance and monitoring reports shall beity after the maintenance and monitoring;han December 1 of each year..Annual mitigation msubmitted to the Cperiod and no later too o'•caQ. ro | _CD .0 '«CoQ. s- <D 11 '' -2 II CM M— O 03 D_ ICD 0>IX .E c/> OE CO O) Cc o>Sia o>Mitigation Measurea> 'c m CL (B, CL o ii o <u-1 CL — g^ ct oughavoided and minmizedaeeImpacts from fugitive dust willwatering and other appropriateM 8.-d CO3 C CL — 2Q.to,ingrubbing of, and construction adjacentll occur outside of the gnatcatcher breediigggalThe clearing andsensitive habitats sary 15 to August 31, or sooner if a qualified biolto the satisfaction of the City that all nestinrihebestraesitiseasodemoncompleI D ^'S £ £ 3 S ra SE .215 °ra -D o = 1 SE "ralit Hi c I «E i a)<D -2 i; til 1*1 ^ & Qa CM 'o QO 0>O) TO CL raE0)cn "5. E c0 COi c og w TO"CC Q> o £ £ n i *s D TOc .2 | C I— 'o 5 Mitigation MeasureD»C 'ccTO CL "£j 0)"o" Q.If project construction (other than clearing and grubbing ofsensitive habitats) is necessary adjacent to preserved on andoffsite habitat during the gnatcatcher or breeding season, aqualified biologist shall conduct pre-construction surveys in theadjacent habitat to determine the location of any active bird nestsin the area, including raptors and ground nesting birds. Thesurvey should begin not more than three days prior to thebeginning of construction activities. The City will be notified if anynesting birds are found. If any gnatcatchers are found within theproject impact footprint, the biologist will direct constructionpersonnel to begin vegetation clearing/grubbing in an area awayfrom the gnatcatchers. In addition, the biologist will walk ahead ofclearing/grubbing equipment to flush birds towards areas of CSSto be avoided. It will be the responsibility of the biologist to ensurethat gnatcatchers will not be injured or killed by vegetationclearing/grubbing. The biologist will also record the number andlocation of gnatcatchers disturbed by vegetation clearing/grubbing.CO^£. o ^o ]5 CL "o o" CL 1 During construction, no activity shall occur within 300 feet of activeO) g lj 8.CO •~~ inin "E3 "to"0)'oI TJBCO b E0 CL £ "53 oo D Q *c Q> O)C "w(Uc II measures are implemented to minimize the noise and disturbance| to those adjacent birds. Exceptions to this measure includes1cases where surveys confirm that adjacent habitat is not occupiedor where noise studies confirm that construction noise levels are1below 60 dBA hourly Leq along the edge of adjacent habitat. Ifconstruction activities are not completed prior to the breedingseason and noise levels exceed this threshold, noise barriers shall1 be erected to reduce noise impacts to occupied habitat to belowCO CO CO0) 1 (D .QCO 0 0) £ c CO -I o 00"0 0co || suspended.CL .>< I (0Q. CO .E o 'co q tu To ra *.|.Q,S) d£ra C?.?! -2§:| S3 1CO E-0a: ;O "D £<& cs 0 fc £ "a E c0 wcr cS jo O)"Cc 0'!= F ~tSo.S 0 - - D> ^°C CD 3 Q- '§H IS 2 3 W CM gin 5 £ 1 £ S 05 SQ. & || O 0= a..a en3 c:0. — •4-» "o" it applicant shall ensure that the following conditions arelemented during project construction:Employees shall strictly limit their activities, vehicles,equipment, and construction materials to the fenced projectfootprint;0 a. ~C** ,— ^H.i o "R "° •§JS — S2^rf 00 c £ • JSflj C I— _Q Ofl) .— • ( \.C in u "o w -a*i O 0CO O —o co•S cfl <1>g CO W 0 ^ "O -C m 0> *- 0 OT«_ TJ o0>sl 0Is!'"3 "co ^) ^> ^ £ ° "co EQ. w x: 5 TO™ W ^'+5 fll C 0o !;? 0 >co .-K o « S-c Eco^ co 0 p -J5 i: >,S-SE « ro 0 TO g, (2'S E Ec\j t>0's1 Q. 0 Co 1o "co E 0c "co^: "0 1 0Q. •50e1 Q. •5 "53 .-2a. w CO Disposal or temporary placement of excess fill, brush or otherdebris shall not be allowed in waters of the United States ortheir banks;T O) 'EcCO Q. 821 a.All equipment maintenance, staging, and dispensing of fuel,oil, coolant, or any other such activities shall occur indesignated areas outside of waters of the United States withinthe fenced project impact limits. These designated areas shallbe located in previously compacted and disturbed areas to themaximum extent practicable in such a manner as to preventany runoff from entering waters of the United States, and shallbe shown on the construction plans. Fueling of equipmentshall take place within existing paved areas greater than 100feet from waters of the United States. Contractor equipmentshall be checked for leaks prior to operation and repaired asnecessary. "No-fueling zones" shall be designated onconstruction plans.IT to the issuance of a grading permit, the applicant shall/ide evidence that the appropriate amount of SMC, CSS and3 has been purchased at a mitigation bank approved by bothCity and U.S. Fish and Wildlife Service.in •£ § Z 0a. o.z£ 0. x 1 Q. Qa: C _3 O O jj Q. o a> » £3VtCOCD O O)!*ii > T3II c J2 Si : 0- .2 k_ W ' —Q. .E E n o •2 §110 S W CM O 0) D)CO Q_ COF(Dir /en'fjeidj:||::i-:afilntatioht'. " O: -E c 0 «C C SB: CO 0)CC <U O -^1 " 0)c .2 a o *~Mitigation Measure «O)c ez' CO Q_ 0 g^ CL The applicant shall install permanent protective fencing along anyinterface with developed areas to deter human and pet entranceinto on- or off-site habitat. Fencing should have no gates and bedesigned to prevent intrusion by pets, especially cats. Signage forthe biological conservation easement area shall be posted andmaintained at conspicuous locations on the fence. Plans forfencing shall be submitted to the City for approval as part of thelandscape plan submittal.O)c c co O_ ia °* 0) O £o The applicant shall ensure that development landscaping does notinclude exotic plant species that may be invasive to nativehabitats. Exotic plant species not to be used include thosespecies listed on Lists A & B of the California Invasive PlantCouncil's (Cal-IPC) list of "Exotic Pest Plants of GreatestEcological Concern in California as of October 1999." This listincludes such species as pepper trees, pampas grass, fountaingrass, ice plant, myoporum, black locust, capeweed, tree ofheaven, periwinkle, sweet alyssum, English ivy, French broom,Scotch broom, and Spanish broom. A copy of the complete listcan be obtained from CALEPPCs web site athttp://www.caleppc.org. In addition, landscaping shall not useplants that require intensive irrigation, fertilizers, or pesticidesadjacent to preserve areas. Water runoff from landscaped areasshall be directed away from the biological conservation easementarea and contained and/or treated within the developmentfootprint. The applicant shall submit a draft list of species to beincluded in the landscape plan submittal.c0) Sa. 1I<u E. Iinco<1> cg to S o>c 'o •2 2ra f o IIIill jfi £ COtsi.92 ra^ E CD Q) > (£ aQ. QUL live,or Agency, responsible for monitoring a particulaico 11 Explanation of Headings:Type = Project, ongoing, cuMonitoring Dept. = Departmmitigation measure.on measure is shown on plans, this column will t"mg>information.Shown on Plans = When miinitialed and dated. CM It— O (D O)03 CL i a:M§K-'.;I:3meritationa . > E c c $ JO j^; CO L-4-» •c cQ £§ § O)c'11c H0-I' • ••..'. . '.-: ' • ••• - .- •..;-',: ,:.. .,:..:: ,.,:.,Mitigation MeasureO) c' ro CL ra O •—m O e'i1 io Prior to occupancy, the applicant shall develop a residenteducation program in coordination with the City. The programshall advise residents of the potential impacts to the listed speciesand the potential penalties for taking such species. The programshall include, but not be limited to, information pamphlets andsignage of the fencing between the development and the biologicalconservation easement. Pamphlets shall be distributed to allresidences. At a minimum, the program shall include the followingtopics: occurrence of the listed and sensitive species in the area;their general ecology; sensitivity of the species to human activities;how to prevent the spreading of non-native ants and other insectpests from developed areas into preserved areas; impacts fromfree-roaming pets (particularly domestic and feral cats); legalprotection afforded these species; penalties for violations ofFederal and State laws; reporting requirements; and projectfeatures designed to reduce the impacts to these species andpromote continued successful occupation of the preserved areas.O)c ccro a. 53 &>o •—0) O" SP OO r~ OLO The applicant shall ensure that development lighting adjacent to allon- or off-site habitat shall be directed away from and/or shieldedso as not to illuminate native habitats.• Is> •—^ °o O <D JD CO CL — O0 'Ef CL If night work is necessary, night lighting shall be of the lowestillumination necessary for human safety, selectively placed,shielded and directed away from natural habitats.Q.x'o I OQ:monitoring a particulaia> ja 'tncoQ.01£i m _ra . 3 "c£ 9j 3 | <u g>a».£ a) roI?!Ill 2 0)±ia. .5 E II O <D '= I1 cI ~5u ro CL <u<D laen'& S .32 CN CM CD O) CO Q. V) (0• E0)OL •ic.0 'C rt) fe E "aE c0 t/>C C 5 JO CO ox' cc <u S?t c w § CD 0)c o '"" 2 Mitigation Measurec1 'E' CO rx 0 "2"a. TO "J^ ^ "-*2 ^3 3 -*^ id CO oO CI Q V) Q* TT" "" ^tf 0) r~ "zf Any planting stock to be brought onto the project site foror habitat creation/restoration/enhancement shall be firsby a qualified pest inspector to ensure it is free of pest scould invade natural areas, including but not limited to,ants (Iridomyrmex humil), fire ants (Solenopsis invicta)insect pests. Any planting stock found to be infestedpests shall not be allowed on the project site or withinnatural habitats. The stock shall be quarantined,disposed of according to best management principles texperts in a manner that precludes invasions into naturThe applicant shall ensure that all temporary irrigationthe shortest duration possible, and that no permanent inbe used, for landscape orcreation/restoration/enhancement.leadings:_i_•s o 1ro DXtil >*= "5 | o ?'oO)co 'o" CL II Q. H jjs 0 ^coQ.ra I0.±£co E ,0 01ri'to QainS. £c0)O) ^o "c = Departmemeasure.O g> |1 o,t± o s J 1c1 1 (/I £ 0)"cra 0. coc> j=to tn S3<0ra g c.2 en = When mitiiinc.m c°- •2 § E c &\.E M nd dated.ra Era |c 1 PLANNING COMMISSION RESOLUTION NO. 6188 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE AND 4 OPEN SPACE AND CONSERVATION ELEMENTS OF THE GENERAL PLAN TO CHANGE THE LAND USE FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM) AND 6 RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL MEDIUM-HIGH DENSITY (RMH), RESIDENTIAL HIGH 7 DENSITY (RH), AND OPEN SPACE (OS) ON A 20.4-ACRE PROPERTY GENERALLY LOCATED SOUTHEAST OF THE 8 INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE 9 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 10 ZONE 21. CASE NAME: POINSETTIA PLACE H CASE NO: GPA 04-12 12 WHEREAS, Sierra Linda Development Company, "Developer," has filed a 13 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 14 Land Company, a California Limited Liability Co., "Owner," described as ,,• The north half of the southwest quarter of the southwest quarter of Section 23, Township 12 south, Range 4 west, San 17 Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California* according to the official plat thereof 18 ("the Property"); and 2Q WHEREAS, said verified application constitutes a request for a General Plan 21 Amendment as shown on Exhibit "GPA 04-12" dated November 15, 2006, attached hereto and 22 on file in the Carlsbad Planning Department, POINSETTIA PLACE - GPA 04-12, as provided 23 in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal 24 Code; and 25 WHEREAS, the Planning Commission did, on the 15th day of November, 2006,26 27 hold a duly noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the General Plan Amendment. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad, as follows: 7 A) That the above recitations are true and correct. o0 B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of POINSETTIA PLACE - GPA 04-12, based on the following findings and subject to the following conditions: 10 Findings: 11 1. The Planning Commission finds that the project is in conformance with the elements of the City's General Plan based on the facts set forth in the staff report dated November 15, 2006, including but not limited to the following: that the proposed Residential Medium-High Density (RMH), Residential High Density (RH) and Open 14 Space (OS) Land Use designations are compatible with the surrounding land uses in that the adjacent land uses are designated Residential Medium Density (RM), RMH, 15 RH, and OS; that the land use change is based on the environmental constraints of the property and are environmentally and topographically appropriate for the site in that the habitat buffer and habitat areas are proposed to be designated as OS and 17 the flatter disturbed area is proposed to be designated as RMH and RH; that the proposed Open Space areas are consistent with the Habitat Management Plan for 18 Natural Communities and that the project will yield a similar dwelling unit yield as the original Residential Low-Medium Density (RLM) and RM Land Use * ° designations. 20 The 20.4-acre property, as it is currently designated, has a potential dwelling unit yield of 82.84 units. Consistent with the intent of the Habitat Management Plan (HMP), those units are proposed to be clustered on the northern 25 percent of the 22 property. In addition to the 82.84 units allowed at the Growth Management Control Point for the existing General Plan Land Use designations, an allocation of 23 7.16 dwelling units from the City's Excess Dwelling Unit Bank is being requested to accommodate the provision of 7 very-low and 7 low-income affordable units. 25 Clustering all 90 dwelling units requested onto the northern 25 percent of the site results in a higher density than that allowed by the existing RLM and RM General 26 Plan Land Use designations and in order to accommodate the 90 dwelling units on the reduced building area envelope (northern 25 percent of the site), new individual 2' General Plan Land Use designations are proposed for the 5.3-acre site with townhomes and the 1.2-acre site with stacked-flat podium buildings. The proposed Land Use designation for the townhome site is RMH (8-15 du/ac). The GMCP for RMH is 11.5 du/ac and the townhome site achieves 11.32 du/ac. PCRESONO. 6188 -2- The proposed Land Use designation proposed for the stacked-flat podium building 2 site is RH (15-23 du/ac). The GMCP for RH is 19 du/ac and the podium building site achieves 25 du/ac. The density on the site exceeds the GMCP and high end of 3 the RH density range. The General Plan acknowledges that in order to provide housing to lower-income households, the density range and GMCP may need to be exceeded. Exceeding the high end of the density range may be acceptable for the - provision of "affordable" housing units and must be reviewed on an individual project basis and may be independent of the residential land use designation of the 5 site, subject to the criteria listed under Residential, Implementing Policies and Programs, C.2., which includes evaluation of neighborhood compatibility, adequacy 7 of public facilities, and proximity to roadways, employment centers, parks, and/or transit.8 The stacked-flat podium building project is consistent with implementing policy and action program C.2. since the surrounding area includes multi-family housing, 10 specifically along Cassia Road, the necessary public facilities have the capacity to serve the project site, the site is located near El Camino Real, a Prime Arterial 11 roadway and Poinsettia Lane, a Major Arterial roadway, and is also located within walking distance of commercial services at El Camino Real and Aviara Parkway. Conditions: 14 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change ZC 04-08, and 15 Local Coastal Program Amendment LCPA 04-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6189, and 6190 for those approvals incorporated herein by reference. 17" 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6188 -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 15th day of November, 2006, by the following vote, to wit: AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and Whitton NOES: Commissioner Segall ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: JULIEB CARL ATTEST: R, Vice Chairperson PLANNING COMMISSION DONNEU Assistant Planning Director PCRESONO. 6188 -4- G PA 04-12 POINSETTIA PLACE November 15. 2006 CASSIA RD , .! RM SITE RLM EXISTING uOS CASSIA RD Y RMH RH OS OS PROPOSED Related Case File No(s): ZC 04-08/LCPA 04-08/CT 04-10/ CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/HMPP 06-08 G.P. Map Desig Property A. 215-020-23-00 B. C. D. From: RLM/RM nation Change To: RMH/RH/OS 1 PLANNING COMMISSION RESOLUTION NO. 6189 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED 4 CONTROL (LC) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE (OS) ON A 20.4-ACRE PROPERTY GENERALLY LOCATED SOUTHEAST OF THE 6 INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 7 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 21. 8 CASE NAME: POINSETTIA PLACE 9 CASE NO: ZC 04-08 10 WHEREAS, Sierra Linda Development Company, "Developer," has filed a 11 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 12 Land Company, a California Limited Liability Co., "Owner," described as 13 The north half of the southwest quarter of the southwest 14 quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San ** Diego, State of California, according to the official plat thereof 16 ("the Property"); and 17 WHEREAS, said application constitutes a request for a Zone Change as shown on 18 Exhibit "ZC 04-08" dated November 15, 2006, attached hereto and on file in the Planning 20 Department, POINSETTIA PLACE - ZC 04-08, as provided by Chapter 21.52 of the Carlsbad 21 Municipal Code; and 22 WHEREAS, the Planning Commission did on the 15th day of November, 2006, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors26 27 relating to the Zone Change. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of POINSETTIA PLACE - ZC 04-08 based on the following findings and subject to the following conditions: 4 t- Findings: 6 1. That the proposed Zone Change from Limited Control (L-C) to Residential Density- Multiple and Open Space (OS) is consistent with the goals and policies of the various 7 elements of the General Plan, in that the proposed zones replace the L-C Zone which is intended to be an interim zone designation. The proposed RD-M and OS Zones are consistent with the Residential Medium-High Density (RMH, 4-8 du/ac), Residential 9 High Density (RH, 15-23 du/ac) and Open Space (OS) General Plan Land Use designations which were earlier found to be consistent with the General Plan. 10 2. That the Zone Change will provide consistency between the General Plan and Zoning as 11 mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the zoning designations shown on Exhibit "ZC 04-08," attached hereto, implements the General Plan Land Use designations of RMH, RH, and OS. 13 3. That the Zone Change is consistent with the public convenience, necessity, and general 14 welfare, and is consistent with sound planning principles in that residential and open space uses allowed by the proposed zone change are compatible with the adjacent 15 and future residential and open space uses. Conditions: 17 1. This approval is granted subject to the approval of the Mitigated Negative Declaration 18 and Mitigation Monitoring and Reporting Program, General Plan Amendment GPA 04-12, and Local Coastal Program Amendment LCPA 04-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6188, and 6190 2Q for those approvals incorporated herein by reference. 21 NOTICE 22 Please take NOTICE that approval of your project includes the "imposition" of fees, 23 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 24 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 26 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 27 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 28 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, PCRESONO. 6189 -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 zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 15th day of November, 2006, by the following vote, to wit: AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and Whitton NOES: Commissioner Segall ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: JULIEVBAKSR, Vice Chairperson CARLSBXD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PCRESONO. 6189 -3- 1 PLANNING COMMISSION RESOLUTION NO. 6190 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD 4 LOCAL COASTAL PROGRAM TO CHANGE THE LOCAL COASTAL PROGRAM LAND USE DESIGNATIONS FROM 5 RESIDENTIAL LOW-MEDIUM DENSITY (RLM) AND 6 RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL MEDIUM-HIGH DENSITY (RMH), RESIDENTIAL HIGH 7 DENSITY (RH), AND OPEN SPACE (OS), AND TO CHANGE THE LOCAL COASTAL PROGRAM ZONING DESIGNA- 8 TIONS FROM LIMITED CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE (OS) ON A 20.4-ACRE PROPERTY GENERALLY LOCATED SOUTH- 10 EAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF THE 11 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 21. 12 CASE NAME: POINSETTIA PLACE 13 CASE NO: . LCPA 04-08 14 WHEREAS, California State law requires that the Local Coastal Program, 15 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Sierra Linda Development Company, "Developer," has filed a 17 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 18 Land Company, a California Limited Liability Co., "Owner," described as 2Q The north half of the southwest quarter of the southwest quarter of Section 23, Township 12 south, Range 4 west, San 21 Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 22 ("the Property"); and ^—} 24 WHEREAS, said verified application constitutes a request for a Local Coastal 25 Program Amendment as shown on Exhibit "LCPA 04-08" dated November 15, 2006, attached 26 hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, 27 Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California 28 Coastal Commission Administrative Regulations; and 1 WHEREAS, the Planning Commission did on the 15th day of November, 2006, 2 hold a duly noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 - and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the Local Coastal Program Amendment; and 7 WHEREAS, State Coastal Guidelines requires a six-week public review period o for any amendment to the Local Coastal Program. 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission of the City of Carlsbad, as follows: 11 A) That the foregoing recitations are true and correct. 13 B) At the end of the State-mandated six-week review period, starting on October 13, 2006, and ending on November 24, 2006, staff shall present to the City Council a 14 summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of POINSETTIA PLACE - LCPA 04-08, based on the following findings and subject to the following conditions: 17,, Findings: 18 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies „„ of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the Local Coastal Program RMH, RH, and OS Land Use 21 designations are consistent with the City of Carlsbad General Plan Land Use designations of Residential Medium-High Density (RMH, 8-15 du/ac), Residential 22 High Density (RH, 15-23 du/ac) and Open Space (OS); and the Local Coastal Program RD-M and OS Zoning designations are consistent with the City of Carlsbad Zoning designations of Residential Density-Multiple (RD-M) and Open 24 Space (OS); and the project is required to provide drainage and erosion control measures. 25 2. That the proposed amendment to the Zoning and Land Use Maps of the Mello II 26 segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the City of Carlsbad Zoning Map and General Plan Land Use and Open Space and Conservation Element maps. 28 PCRESONO. 6190 -2- Conditions: 2 1 . This approval is granted subject to the approval 3 and Mitigation Monitoring and Reporting GPA 04-12 and Zone Change ZC 04-08 and 4 Planning Commission Resolutions No. 6187, <- incorporated herein by reference. of the Mitigated Negative Declaration Program, General Plan Amendment is subject to all conditions contained in 6188, and 6189 for those approvals 6 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning 7 Commission of the City of Carlsbad, held on the 15th day of November 2006, by the following o0 vote, to wit: 9 AYES: Vice Chairperson Baker, 10 andWhitton 11 NOES: Commissioner Segall 12 ABSENT: Chairperson Montgomery 13 ABSTAIN: 14 15 16 \( J (\ ^) f^*^- \ \G17 / \ -**^Cte=, JULIE BAMiR, Vice Chairperson 18 CARDSfiATJ PLANNING COMMISSION 19 20 ATTEST:21 SLXL 22 DONNEU Assistant Planning Director 24 25 26 27 28 PCRESONO. 6190 -3- Commissioners Cardosa, Dominguez, and Commissioner Heineman 11 LCPA 04-08 LAND USE POINSETTIA PLACE November 15. 2006 EXISTING PROPOSED ^e/ated Case F/7e A/ofs|- ZC 04-08/GPA 04-1 2/CT 04-10 /CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/HMPP 06-08 G.P. Map Designation Change Property From:To: A. 215-020-23-00 _B_ C. D. RLM/RM RMH/RH/OS LCPA 04-08 ZONING November 15. 2006 POINSETTIA PLACE -CASSIA-RD- SITE L-C EXISTING PROPOSED Related Case File No(s): GPA 04-12/ZC 04-08/CT 04-10 /CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/HMPP 06-08 G.P. Map Designation Change Property From:To: A. 215-020-23-00 L-C RD-M/OS B. C. D. PLANNING COMMISSION RESOLUTION NO. 6191 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT MAP CT 04-10 TO 3 SUBDIVIDE 20.4 ACRES INTO TWO RESIDENTIAL LOTS FOR 90 AIRSPACE CONDOMINIUM UNITS AND THREE 4 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED , SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF 6 THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 21. 7 CASE NAME: POINSETTIA PLACE CASE NO.: CT04-10 9 WHEREAS, Sierra Linda Development Company, "Developer," has filed a 10 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia Land Company, a California Limited Liability Co., "Owner," described as 12 The north half of the southwest quarter of the southwest 13 quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San 14 Diego, State of California, according to the official plat thereof 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "R" and "Al" - "A26" dated November 15, 2006, on file in18 ! 9 the Planning Department, POINSETTIA PLACE - CT 04-10, as provided by Chapter 20.12 of 20 the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 15th day of November, 2006, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Tentative Tract Map. 27 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 Commission 2 RECOMMENDS APPROVAL of POINSETTIA PLACE - CT 04-10, based on the following findings and subject to the following conditions: 3 Findings: 4 1. That the proposed map and the proposed design and improvement of the subdivision, as conditioned, is consistent with and satisfies all requirements of the General Plan, any 6 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 lots 7 being created satisfy all minimum requirements of Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with all other applicable ° regulations. 9 2. That the proposed project is compatible with the surrounding future land uses since the 10 property to the north is developed as attached townhomes, property to the south is vacant but is designated as Residential Low Medium Density (RLM) and is 11 proposed for development with attached multi-family residential, the property east of the site is developed with multi-family apartments, and the property to the west is developed with multi-family apartments. 13 3. That the site is physically suitable for the type and density of the development since the 14 site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential 15 development while complying with all setback, lot coverage, density, and height development standards and public facilities requirements. 4. That the minimum balcony dimensions for private Recreational Space per C.M.C. Section 21.45.080 is 10 feet by 6 feet and that the applicant's request to reduce that 18 standard and provide balconies for units in the podium building with the dimensions of 8.5 feet by 6 feet is consistent with the provisions of C.M.C. Section 19 21.85.100 to allow standards modifications as an offset for the provision of seven very-low and seven low-income housing units.20 5. 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 22 public at large, for access through or use of property within the proposed subdivision, in that concurrent with recordation of the final map, the developer will vacate and 23 adjust any easements that conflict with proposed development. 24 6. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 2g 7. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the development is 27 located where cooling coastal breezes reduce the need for mechanical air- conditioning, and construction techniques will deliver high insulation values to 2° reduce the need for mechanical heating, and landscaping will be installed to provide shade and reduce the temperatures of developed areas. PCRESONO. 6191 -2- I/ 8. That the Planning Commission has considered, in connection with the housing proposed 2 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 3 resources. 4 9. 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 will implement the required mitigation measures g contained in the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program. 7 10. That the discharge of waste from the subdivision will not result in violation of existing 8 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the 10 project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. 11 11. The Planning Commission finds that the project, as conditioned herein, is in 12 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated November 15, 2006, in that the proposed Residential Medium- High Density (RMH), Residential High Density (RH) and Open Space (OS) Land 14 Use designations are compatible with the surrounding land uses in that the adjacent land uses are designated Residential Medium Density (RM), RMH, RH, and OS; 15 that the land use change is based on the environmental constraints of the property and are environmentally and topographically appropriate for the site in that the habitat buffer and habitat areas are proposed to be designated as OS and the flatter 17 disturbed area is proposed to be designated as RMH and RH; that the proposed Open Space areas are consistent with the Habitat Management Plan for Natural 18 Communities and that the project will yield a similar dwelling unit yield as the original Residential Low-Medium Density (RLM) and RM Land Use designations; 19 that the project will provide housing units affordable to very-low and low-income _„ households; and that the proposed Open Space lots will be designated as Open Space on the Open Space and Conservation Element maps as well as be restricted to 21 open space uses by a conservation easement. 22 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 21 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 24 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 25 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. 2" Specifically, 27 a. The project has been conditioned to provide proof from the Carlsbad Unified 28 School District that the project has satisfied its obligation for school facilities. PCRESONO. 6191 -3- b. Park in-lieu fee is required by Carlsbad Municipal Code Chapter 20.44, and will 2 be collected prior to issuance of a building permit. 3 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. 4 13. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional g requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 7 public facilities and will mitigate any cumulative impacts created by the project. 8 14. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted, in that the addition of 7.16 dwelling units does not 10 require additional public facilities since the associated public facilities such as roadways, sewer, storm drain, schools, etc., have already been sized such that they 11 can easily absorb the additional dwelling units. 12 15. That all necessary public facilities required by the Growth Management Ordinance to accommodate the project and the requested additional units above the growth management control point will be constructed or are guaranteed to be constructed 14 concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with 15 the Growth Management performance standards are contained within the Zone 21 LFMP and the project will comply with the general and special conditions of the zone, and that there have been several developments approved in the Aviara 17 Planned Community which is in the same quadrant at densities below the control point so that approval of the requested 7.16 dwelling units will not result in 18 exceeding the quadrant cap. 19 16. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applicant shall record a notice concerning aircraft noise as the project is within the Noise 21 Impact Notification Area. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the 22 proposed land use is compatible with the airport, in that no areas of the project are within the 60 CNEL or greater noise contours for the airport. 17. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 25 18. The Planning Commission hereby finds that all development in Carlsbad benefits from 26 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 2g continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by PCRESONO. 6191 -4- ., the Open Space and Conservation Element of the City's General Plan which provides for 2 the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each 3 new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's c- Habitat Management Plan. 6 19. 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 7 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.8 Conditions: 10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map for CT 04-10, whichever occurs first. 11 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 14 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; 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. 17 Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tract Map documents, as necessary to make them internally ,Q consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 20 different from this approval, shall require an amendment to this approval. 21 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 23 4. 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 24 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. 27 5. Developer shall implement, or cause the implementation of, the Poinsettia Place Project Mitigation Monitoring and Reporting Program. 28 PCRESONO. 6191 -5- ^ ,/'rr 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 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 Tract Map, (b) City's 4 approval or issuance of any permit or action, whether discretionary or nondiscretionary, in r 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 6 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 7 concluded and continues even if the City's approval is not validated. o 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 9 the Tentative Map reflecting the conditions approved by the final decision-making body. 10 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 12 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 13 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 14 . , 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 21 Local Facilities Management Plan and any amendments made to 16 that Plan prior to the issuance of building permits, including, but not limited to the following: 17 A. Monitor wastewater capacity B. Pay Park-in-lieu fees C. Pay drainage area fees D. Construct Poinsettia Lane frontage improvements 20 11. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment 22 GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 04-08, Condominium Permit CP 05-05, Hillside Development Permit HDP 04-05, 23 Site Development Plan SDP 04-07, Coastal Development Permit CDP 04-23, and Habitat Management Plan Permit HMPP 06-08 and is subject to all conditions 24 contained in Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 6192, 6193, 6194, 6195, and 6196 for those other approvals incorporated herein by reference. 26 12. 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 27 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 for CT 04-10. PCRESONO. 6191 -6- 1 2 13. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements 3 of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a conservation easement for the conservation, protection, and management of - fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat 6 Management Plan. 7 14. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental n analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City 10 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent 12 with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The City is currently updating the fee study, which is expected to result in 13 an increase in the amount of the fee, and the Developer or Developer's successor(s) in interest shall pay the adjusted amount of the fee once it is approved by the City Council. 14 The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 17 15. 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 19 deed restrict 14 dwelling units (7 units for very-low and 7 units for low-income households) as affordable to lower-income households for 55 years, in accordance with 20 the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 23 16. 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 24 Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 27 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. PCRESONO. 6191 -7- / 18. The first submittal of Final Landscape and. .Irrigation Plans shall be pursuant to the 2 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 19. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall c not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 90 days, 6 upon a showing of good cause. 7 20. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building 9 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 10 Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the , j obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 13 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 14 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. 16 c. Failure of Association to Maintain Common Area Lots and Easements. In the event 17 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 jo 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 20 ' 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 21 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 23 be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 24 d. 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, 2fr 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 27 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 28 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 PCRESONO. 6191 -8- r. payable by the Association within twenty, (20) days of receipt by the Association. If 2 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 3 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 c 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 pro rata share of the 6 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 7 assessment is 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 and/or to pursue lien foreclosure procedures against any 9 Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 10 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 12 f. Balconies, trellis, and decks. The individual lot or unit owner allowances and 13 prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit 14 21. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 17 22. 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. 20 23. Prior to issuance of building permits, the Developer shall submit to the Planning Director 21 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. 23 24. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 24 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 21, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 27 25. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in PCRESONO. 6191 -9- substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 2 Directors of Community Development and Planning. 3 26. 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.4 e- 27. 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 6 recreational facilities. 7 28. Prior to the recordation of the final map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 9 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tract Map by Resolution No. 6191 on the property. Said Notice 10 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. 13 29. 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. 16 30. Developer shall post a sign in the sales office in a prominent location that discloses which 17 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 18 V in 31. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property 20 may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Formal on file in the Planning Department). 22 32, Prior to the recordation of the first final tract map or the issuance of building permits, 23 whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar 24 Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 25 33. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be 27 approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 28 PCRESONO. 6191 -10-nOi / 34. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 2 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning 3 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director.4 ,- 35. 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 6 impacts on adjacent homes or property. Engineering General 36. Prior to hauling dirt or construction materials to or from any proposed construction site 10 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route.11 ,~ 37. 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 13 the private improvements (e.g. streets, sidewalks, street lights, stormwater quality treatment and storm drain facilities, etc.) located therein and to distribute the costs of 14 such maintenance in an equitable manner among the owners of the properties within the subdivision. 38. There shall be one Final Map recorded for this project. 17 39. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. 20 Fees/Agreements 40. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 23 41. 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 24 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 25 on a form provided by the City Engineer. 27 28 PCRESONO. 6191 -11- Grading 2 42. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 3 proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 4 <- 43. 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 6 (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 7 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. 9 44. Prior to the issuance of grading permit or building permit, whichever occurs first, 10 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 11 Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of 12 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 13 storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 14 a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that I $ could be impacted by this project; c. recommend source controls and treatment controls that will be implemented with this 17 project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite; *° d. establish specific procedures for handling spills and routine cleanup. Special ,Q considerations and effort shall be applied to resident education on the proper procedures for handling cleanup and disposal of pollutants; 20 e. ensure long-term maintenance of all post-construction BMPs in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not 21 exceed the pre-development runoff rates and velocities to the maximum extent practicable. 23 45. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading 24 operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed ^ by both the soils engineer and the engineering geologist, and shall be submitted on a 2g 24" x 36" mylar or similar drafting film format suitable for a permanent record. 27 46. 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 28 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 PCRESONO. 6191 -12- easement, or agreement, no grading permit will be issued. In that case, Developer must 2 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 3 conformance from both the City Engineer and Planning Director. 4 - Dedications/Improvements 6 47. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the 7 Tentative Map. The offer shall be made by a certificate on the Final Map and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be 9 rededicated. 10 48. 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. 13 49. Developer shall execute and record a City standard Subdivision Improvement Agreement 14 to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to pavement, signing and striping, sidewalks, curbs and gutters, grading, clearing and 16 grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights and reclaimed water, to City Standards to the satisfaction of the City Engineer. The 17 improvements are: 18 a. Sidewalk on Cassia Road across the project frontage. , Q b. Full width improvements to Poinsettia Lane to Major Arterial standards. The costs for full width grading, median curbs, 18 feet of paving on either side of the 20 median, storm drain, right-of-way and environmental mitigation may be credited against the project contribution to Bridge and Thoroughfare District 21 No. 2. c. Offsite median curb improvements to existing Poinsettia Lane, from the westerly project boundary to the intersection with Cassia Road. 23 d. An additional street light on Cassia Road at the easterly curb return of the westerly project entrance. 24 e. Looped public water system and public sewer system. oc 50. A list of the above shall be placed on an additional map sheet on the Final Map per the 2/r 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 27 improvement agreement or such other time as provided in said agreement. 28 51. Developer shall cause Owner to waive direct access rights on the Final Map for all lots abutting Cassia Road. PCRESONO. 6191 -13- 1 2 52. Poinsettia Lane shall be dedicated by Owner within the project boundaries based on a center line to right-of-way width of 51 feet and in conformance with City of Carlsbad 3 Standards. 4 53. Developer shall incorporate into the grading/improvement plans the design for the project c drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to 6 prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. o 9 Final Map Notes 10 54. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: , 2 A. All improvements are privately owned and are to be privately maintained with the exception of the following: 13 1. Cassia Road 14 . 2. Poinsettia Lane 3. Public water and sewer systems 16 B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 17 C. Geotechnical Caution:18 , n The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 20 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 21 subdivision due to its construction, operation, or maintenance. 22 D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above 23 the street level may be placed or permitted to encroach within the area identified as sight distance corridors. 24 Water25 26 55. 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, 27 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 28 satisfaction of the District Engineer. PCRESONO. 6191 -14- 56. The Developer shall design and construct public facilities within public right-of-way or 2 within minimum 20-foot-wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate 3 maintenance, access and/or joint utility purposes. 4 57. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. , 58. The Developer shall design landscape and irrigation plans utilizing recycled water as a source, and prepare and submit a colored recycled water use map to the Planning 7 Department for processing and approval by the District Engineer. 8 59. The Developer shall install potable water and recycled water services and meters at a location approved by the City Engineer. The locations of said services shall be reflected " on public improvement plans. 60. The Developer shall install sewer laterals and clean-outs at a location approved by the j 1 City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 12 61. The Developer shall design and construct public water, sewer, and recycled water 13 facilities substantially as shown on the Tentative Map to the satisfaction of the City Engineer. . , 62. The Developer shall provide separate potable water meters for each separately owned unit. *" 63. Developer shall evaluate in detail the entire potable water, recycled water, and sewer . 7 system to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the City Engineer. 18 Code Reminders 19 64. 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. 21 65. Developer shall pay a landscape plancheck and inspection fee as required by Section 22 20.08.050 of the Carlsbad Municipal Code. 23 66. The tentative map shall 'expire twenty-four (24) months from the date this tentative map 24 approval becomes final. 25 67. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and 26 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 28 PCRESONO. 6191 -15-' 68. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 69. The project shall comply with the latest nonresidential disabled access requirements 4 pursuant to Title 24 of the State Building Code. 70. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 6 Code Section 18.04.320. 1 11. 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. 9 72. Developer shall provide the following note on the final map of the subdivision and final 10 mylar of this development submitted to the City: I* A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management ,~ Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point or top of the Density Range except as provided by 13 Chapters 21.85 and 21.90. The land use designation for Lot 1 of this development is Residential Medium High Density (8-15 du/ac) and for Lot 2 of this 14 development is Residential High Density (15-23 du/ac) per nonconstrained acre. B. All private development rights of Parcels 3 to 5 have been transferred to 16 Parcels 1 and 2, and all of Parcels 1 to 5 were used to calculate the project intensity of development under the General Plan and Chapter 21.90. Subsequent 17 redevelopment or resubdivision of Parcel 1 may not result in a density greater than 11.3 dwelling units per acre, and Parcel 2 may not result in a density greater than 25 dwelling units per acre under their existing General Plan Land 19 Use designations and Chapters 21.85 and 21.90 of the Carlsbad Municipal Code." 20 NOTICE 21 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 22 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 23 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 25 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 26 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 2g 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, PCRESONO. 6191 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of November, 2006, by the following vote, to wit: AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and Whitton NOES: Commissioner Segall ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: iR, Vice Chairp! BANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PCRESONO. 6191 -17- 1 PLANNING COMMISSION RESOLUTION NO. 6192 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDOMINIUM PERMIT CP 05-05 TO 4 SUBDIVIDE 20.4 ACRES INTO TWO RESIDENTIAL LOTS , FOR 90 AIRSPACE CONDOMINIUM UNITS AND THREE OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED 6 SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF 7 THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 21. 8 CASE NAME: POINSETTIA PLACE 9 CASE NO.: CP 05-05 10 WHEREAS, Sierra Linda Development Company, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 12 Land Company, a California Limited Liability Co., "Owner," described as 13 The north half of the southwest quarter of the southwest 14 quarter of Section 23, Township 12 south, Range 4 west, San 1 ^ Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Condominium18 19 Permit as shown on Exhibits "A" - "R" and "Al" - "A26" dated November 15, 2006, on file 20 in the Planning Department, POINSETTIA PLACE - CP 05-05, as provided by Chapter 21.45 21 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 15th day of November, 2006, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony ^ J 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Condominium Permit. 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. 2 .B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of POINSETTIA PLACE - CP 05-05, based on the following findings and subject to the following conditions: 4 r Findings: 6 1. That the proposed project complies with all applicable development standards included within Chapter 21.45, in that the proposed project is consistent with all standards but 7 one of Chapter 21.45 of the Carlsbad Municipal Code. o 2. That the proposed project's density, site design, and architecture are compatible with 9 surrounding development, in that the project consists of 60 airspace condominium units with a density of 11.3 du/ac and 30 airspace condominium units with a density 10 of 25 du/ac. The project is compatible with the existing surrounding residential developments which are primarily multi-family residential condominiums and 1 apartments at similar densities, site design, and architecture as the proposed 12 project. 13 3. That the minimum balcony dimensions for private Recreational Space per C.M.C. Section 21.45.080 is 10 feet by 6 feet and that the applicant's request to reduce that 14 standard and provide balconies for units in the podium building with the dimensions of 8.5 feet by 6 feet is consistent with the provisions of C.M.C. Section 21.85.100 to allow standards modifications as an offset for the provision of seven 16 very-low and seven low-income housing units. 17 4. 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 19 degree of the exaction is in rough proportionality to the impact caused by the project. 20 Conditions; 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a -« grading permit or recordation of a final map for CT 04-10, whichever occurs first. 23 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 24 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 26 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 27 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. 28 PCRESONO. 6192 -2- ,, 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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 3 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.4 - 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 1 * 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 13 or indirectly, from (a) City's approval and issuance of this Condominium Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 14 nondiscretionary, 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 l^ 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 17 approval is not validated. I 0 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of J9 the Site Plan reflecting the conditions approved by the final decision-making body. 20 7. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment 21 GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment 22 LCPA 04-08, Carlsbad Tract Map CT 04-10, Hillside Development Permit HDP 04-05, Site Development Plan SDP 04-07, Coastal Development Permit 23 CDP 04-23, and Habitat Management Plan Permit HMPP 06-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 24 6191, 6193, 6194, 6195, and 6196 for those other approvals incorporated herein by reference. 26 27 28 PCRESONO. 6192 -3- ,, j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 15th day of November, 2006, by the following vote, to wit: AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and Whitton NOES: Commissioner Segall ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN:* R, Vice Chairperson PLANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6192 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6193 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF HILLSIDE DEVELOPMENT PERMIT 4 HDP 04-05 ON A 20.4-ACRE PROPERTY GENERALLY s LOCATED SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II 6 SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 21. 7 CASE NAME: POINSETTIA PLACE CASE NO: HDP 04-058 : o WHEREAS, Sierra Linda Development Company, "Developer," has filed a 10 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 11 Land Company, a California Limited Liability Co., "Owner," described as 12 The north half of the southwest quarter of the southwest 13 quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San 14 Diego, State of California, according to the official plat thereof 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside 17 Development Permit as shown on Exhibits "A" - "R" and "Al" - "A26"" dated November 15, 18 2006, on file in the Carlsbad Planning Department, POINSETTIA PLACE - HDP 04-05, as 2Q provided by Chapter 21.90 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did on the 15th day of November, 2006, 22 consider said request; and 23 WHEREAS, at said hearing, upon hearing and considering all testimony and 24 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Hillside Development Permit.26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of POINSETTIA PLACE - HDP 04-05, based on the following findings and subject to the following conditions: 3 Findings: 4 <- 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 6 2. That undevelopable areas of the project, i.e., slopes over 40 percent, have been properly 7 identified on the constraints map. o0 3. That the development proposal is consistent with the intent, purpose, and requirements of o the Hillside Ordinance, Chapter 21.95, in that the majority of the project development is proposed on property that has been previously disturbed and the project protects 10 in place the majority of the natural hillsides. 11 4. 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 no development is proposed in hillside areas that are greater than 40 percent 13 slope. 14 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the proposed fill of the project !•> follows the general contour of the adjacent street and will not create pads that are , f inconsistent with surrounding multi-family residential developments. 17 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that development is largely confined to areas that have a slope of less than 18 15 percent. 19 Conditions: 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 21 grading permit. 22 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 24 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 25 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 27 or a successor in interest by the City's approval of this Hillside Development Permit. 28 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. PCRESONO. 6193 -2- Development shall occur substantially as shown on the approved Exhibits. Any proposed 2 development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4 4. 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 5 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 7 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. 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 10 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 Hillside Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 13 (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 14 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. 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 17 and Mitigation Monitoring and Reporting Program, General Plan Amendment GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 18 04-08, Carlsbad Tract Map CT 04-10, Condominium Permit CP 05-05, Site Development Plan SDP 04-07, Coastal Development Permit CDP 04-23, and Habitat Management Plan Permit HMPP 06-08 and is subject to all conditions contained in 20 Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 6191, 6192, 6194, 6195, and 6196 for those other approvals incorporated herein by reference. 21 22 NOTICE 23 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 24 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 26 y°u 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 27 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 28 annul their imposition. PCRESONO. 6193 -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 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of November, 2006, by the following vote, to wit: AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and Whitton NOES: Commissioner Segall ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN? JULl£ B CARL ATTEST: R, Vice Chairperson PLANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6193 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6194 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 04-07 FOR 4 THE DEVELOPMENT OF 30 CONDOMINIUM UNITS OF , WHICH 7 UNITS WILL BE MADE AVAILABLE TO VERY LOW-INCOME HOUSEHOLDS AND 7 UNITS WILL BE 6 MADE AVAILABLE TO LOW-INCOME HOUSEHOLDS ON PROPERTY GENERALLY LOCATED SOUTHEAST OF THE 7 INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 8 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 9 ZONE 21. CASE NAME: POINSETTIA PLACE 10 CASE NO.: SDP 04-07 *• WHEREAS, Sierra Linda Development Company, "Developer," has filed a 12 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 13 Land Company, a California Limited Liability Co., "Owner," described as 14 The north half of the southwest quarter of the southwest quarter of Section 23, Township 12 south, Range 4 west, San 16 Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 17 ("the Property"); and18 i o WHEREAS, said verified application constitutes a request for a Site Development 20 Plan as shown on Exhibits "A" - "R" and "Al" - "A26" dated November 15, 2006, on file in 21 the Planning Department, POINSETTIA PLACE - SDP 04-07, as provided by Chapter 22 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 15th day of November, 2006 , 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 2° relating to the Site Development Plan. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 c- B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of POINSETTIA PLACE - SDP 6 04-07, 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 n settings is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which 10 the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic circulation, in that the proposed airspace condominium units are compatible with the surrounding land uses in that the adjacent land uses are designated RM, RMH, RH, and OS; that the adjacent properties are developed with similar multi- family residential projects; that the project will provide housing units for very-low 13 and low-income households; and that other properties in the general vicinity have been developed with for-sale and rental housing for lower-income households. 14 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that all of the onsite parking has been provided and the building meets all of the ., applicable required height and setback standards of the underlying RD-M zone and the Planned Development Ordinance. 17 3. That the minimum balcony dimensions for private Recreational Space per C.M.C. 18 Section 21.45.080 is 10 feet by 6 feet and that the applicant's request to reduce that standard and provide balconies for units in the podium building with the dimensions of 8.5 feet by 6 feet is consistent with the provisions of C.M.C. Section ~~ 21.85.100 to allow standards modifications as an offset for the provision of seven very-low and seven low-income housing units. 21 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 22 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that no adjustments are necessary to adapt the project to the existing or future development of the neighborhood. 5. That the street systems serving the proposed use is adequate to properly handle all traffic 25 generated by the proposed use, in that the street system was designed to accommodate up to 10,000 ADT as a local collector street and the project will contribute 240 ADT. 26 Conditions; 27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map for CT 04-10, whichever occurs first. PCRESONO. 6194 -2- 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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; record a notice of violation on the 5 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 6 or a successor in interest by the City's approval of this Site Development Plan. 7 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 9 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 12 4. If any condition for construction of any public improvements or facilities, or the payment 13 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 14 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. 16 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 17 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 \g or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or 20 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 21 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 23 approval is not validated. 24 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment 26 LCPA 04-08, Carlsbad Tract Map CT 04-10, Condominium Permit CP 05-05, Hillside Development Permit HDP 04-05, Coastal Development Permit CDP 04-23, 27 and Habitat Management Plan Permit HMPP 06-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 6191, 6192, 2° 6193, 6195, and 6196 for those other approvals incorporated herein by reference. PCRESONO. 6194 -3- 1 NOTICE 2 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 A fees/exactions." 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 15th day of November 2006, by the following vote, to wit: 16 AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and 17 Whitton 18 NOES: Commissioner Segall 19 ABSENT: Chairperson Montgomery and Commissioner Heineman 20 21 22 23 JULIELBAKER, Vice Chairperson CARLSBA-BTLANNING COMMISSION 24 25 ATTEST: 26 " 27 n DONNEU Assistant Planning Director PCRESONO. 6194 -4- ^ 7* 1 PLANNING COMMISSION RESOLUTION NO. 6196 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT 4 FOR A 20.4-ACRE PROPERTY GENERALLY LOCATED 5 SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF 6 THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 21. 7 CASE NAME: POINSETTIA PLACE CASE NO.: HMPP 06-08o 9 WHEREAS, Sierra Linda Development Company, "Developer," has filed a 10 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia Land Company, a California Limited Liability Co., "Owner," described as 12 The north half of the southwest quarter of the southwest 13 quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San 14 Diego, State of California, according to the official plat thereof 15 ("the Property"); and 16 WHEREAS, the City of Carlsbad has received authorization to issue permits to 17 impact various sensitive species and habitats, including species listed as Threatened or18 ^9 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 20 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 21 and 22 WHEREAS, the authority stated above is based on a plan titled Habitat 23 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 24 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 26 consistency with the HMP; and 27 WHEREAS, said verified application by Developer constitutes a request for a 2° Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning Department; and 1 WHEREAS, the Planning Commission did on the 15th day of November, 2006, 2 consider said request; and 3 WHEREAS, at said hearing, upon hearing and considering all testimony and 4 - arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the Habitat Management Plan Permit. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning g Commission as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That the POINSETTIA PLACE project is consistent with the HMP as described in the following findings. 12 C) That based on the evidence presented at the hearing, the Commission 13 RECOMMENDS APPROVAL of Habitat Management Plan Permit, HMPP 06-08, for the POINSETTIA PLACE project, based on the following findings and subject to the following conditions: Findings; 16 The development project complies with the purpose and the intent provisions of Carlsbad 17 Municipal Code Section 21.210.10 in that: a. The project is consistent with General Plan goals requiring adequate housing, protection of the environment, and avoidance of habitat impacts to the maximum extent possible. b. Project development primarily occurs on disturbed land, utilizing an 20 existing, mostly disturbed site, existing access and utility easements, and existing road right-of-way. c. The project complies with the HMP through project design and mitigation measures, which are also conditions of approval. 23 2. The proposed development is in compliance with all provisions of the Carlsbad HMP, the Implementing Agreement, the Multiple Habitat Conservation Plan (MHCP), the Natural 24 Community Conservation Plan (NCCP) and 10(a)l(B) permit conditions, the preservation requirements set forth in Carlsbad Municipal Code Section 21.210.13 and the management requirements set forth in Section 21.210.14. Through project design and 26 mitigation measures, which are incorporated as conditions of approval, the project is consistent with the HMP, and an amendment to the HMP is necessary to identify 27 the project preserve open space lot as a hardline preserve and eliminate text in the HMP identifying the site as a "standards area." The project complies with all ° adjacency standards and has avoided and minimized habitat impacts to the maximum extent possible. To this end, the project proposes, among other things, no PCRESONO. 6196 -2- impacts to narrow endemics, proper restrictions on grading during wildlife 2 breeding season, fuel modification zones, minimized direct impacts to sensitive plant species onsite within the development area, and no jeopardizing of sensitive wildlife. 3 The project design as approved by the City has avoided and minimized impacts to habitat and covered species to the maximum extent feasible in that the project is subject to t- mitigation measures requiring compliance with the HMP and the HCP/OMSCP, including compliance with impact avoidance and minimization, mitigation 6 measures, and adjacency standards of each document (e.g., storing equipment and materials on disturbed areas only, using low-impact lighting, landscaping with a 7 non-invasive plant palette, etc.), incorporation of best management practices to limit indirect temporary impacts due to construction (e.g., dust, noise, water quality), and limitation of project improvements and construction primarily to already disturbed 9 areas. 10 4. The take of covered species is consistent with the citywide incidental take permit issued for the HMP and will be incidental to otherwise lawful activities related to construction and operation of the project and will not appreciably reduce the likelihood of survival and 12 recovery of the species in that project impacts are related to construction of the Poinsettia Place project; impacts are subject to mitigation, and will not appreciably 13 reduce species survival and recovery; and the authorization to take species of concern is subject to continuous compliance with all provisions of the Habitat 14 Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, the Biological Opinion, and the Mitigation Monitoring and Reporting Program for this project. 17 5. That the Planning Director is authorized to sign the Take Permit. Conditions: 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 20 building or grading permit, whichever occurs first. 21 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 24 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 25 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 Habitat Management Plan Permit. 27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 28 and modifications to the Habitat Management Plan Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. PCRESONO. 6196 -3- Development shall occur substantially as shown on the approved Exhibits. Any proposed 2 development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building or grading permit issuance. 4 r 4. 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 6 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 7 or indirectly, from (a) City's approval and issuance of this Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 9 (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 10 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 11 approval is not validated. 12 5. As a condition of this approval, applicant must comply with the requirements of all 13 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 14 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable 16 populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 17 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment 19 GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 04-08, Carlsbad Tract Map CT 04-10, Condominium Permit CP 05-05, 20 Hillside Development Permit HDP 04-05, Site Development Plan SDP 04-07, and Coastal Development Permit CDP 04-23, and is subject to all conditions contained in 21 Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 6191, 6192, 6193, 6194, ~~ and 6195 for those other approvals incorporated herein by reference. 23 7. Developer shall implement, or cause the implementation of, the Poinsettia Place Mitigation Monitoring and Reporting Program. 24 25 26 27 28 ... PCRESONO. 6196 -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 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of November, 2006, by the following vote, to wit: AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and Whitton NOES: Commissioners Segall ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: JULI CARL ATTEST: ., Vice Chairperson LANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6196 -5-105 The.City of Carlsbad Planning Department EXHIBITS A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: November 15, 2006 Application complete date: Project Planner: Project Engineer: August 9, 2005 Christer Westman David Hauser SUBJECT: GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP Q4-05/SDP 04- Q7/CDP 04-23/HMPP 06-08 - POINSETTIA PLACE - Request for a recommendation of approval for adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and recommendation of approval for a General Plan Amendment (GPA 04-12) to change the property's General Plan Land Use Designation from Residential Low Medium Density (RLM) and Residential Medium Density (RM) to Residential High Density (RH), Residential Medium-High Density (RMH), and Open Space (OS); a Zone Change (ZC 04-08) to change the property's Zoning from Limited Control (L-C) to Residential Density-Multiple (RD-M) and Open Space (OS); a Local Coastal Program Amendment (LCPA 04-08) to change the Local Coastal Program Land Use and Zoning designations to be consistent with the City's General Plan and Zoning designations; a Tentative Tract Map (CT 04-10), Condominium Permit (CP 05-5), Hillside Development Permit (HDP 04-05), Site Development Plan (SDP 04-07), and Habitat Management Plan Permit (HMPP 06-08), and approval of Coastal Development Permit (CDP 04-23) for the subdivision of 20.4 acres into 2 residential lots for 90 condominiums and 3 Open Space lots on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 21. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6187 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 6188, 6189, 6190, 6191, 6192, 6193, 6194 and 6196 RECOMMENDING APPROVAL of General Plan Amendment GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 04-08, Tentative Tract Map CT 04-10, Condominium Permit CP 05-5, Hillside Development Permit HDP 04-05, Site Development Plan SDP 04-07, and Habitat Management Plan Permit HMPP 06-08, and ADOPT Planning Commission Resolution No. 6195 APPROVING Coastal Development Permit CDP 04-23, based on the findings and subject to the conditions contained therein. II.INTRODUCTION The project is the subdivision of 20.4 gross acres into 2 residential lots for the construction of 60 townhome and 30 stacked-flat condominiums and 3 Open Space lots for open space preservation. GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDr 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15,2006 Page 2 •_ Additional improvements include various passive recreation areas, a common swimming pool, an RV storage yard, surface parking and landscaped areas. The project includes a General Plan Amendment and Zone Change to change the property's existing General Plan Land Use designation of Residential Low Medium Density (RLM) and Residential Medium Density (RM) to Residential Medium High Density (RMH), Residential High Density (RH), and Open Space (OS); and existing Zoning designation of Limited Control (LC) to Residential Density-Multiple (RD-M) and Open Space (OS). The existing Local Coastal Program Land Use designations will be changed to match those proposed in the General Plan Amendment and Zone Change. The project site contains both disturbed and natural vegetation areas. Consistent with the intent of the Habitat Management Plan, the development of the site is proposed within the areas that have been previously disturbed, thereby preserving the undisturbed natural habitat areas. The project complies with City Standards and all necessary findings can be made for the recommendation being requested. The City Council is the final decision making body since the application includes legislative actions, a subdivision of greater than 50 units, and a Site Development Plan for "affordable" housing units needed to satisfy the Inclusionary Housing Ordinance (Chapter 21.85 of C.M.C.). III. PROJECT DESCRIPTION AND BACKGROUND The site is located in Local Facilities Management Zone 21 south of Cassia Road and east of the intersection of Cassia Road and Poinsettia Lane. The site is vacant. The northernmost portion has been used for agricultural production and the remainder of the site is native vegetation with some disturbed areas. The site topography includes small hills and a flat sloping area. Property north of the site, across Cassia Road, is developed as a multi-family townhome project. Property south of the site is vacant with native vegetation and is currently proposed for development as multifamily town houses and stacked-flat condominiums. East of the project site is Open Space and an apartment complex. Property west of the project site is developed with apartments. Poinsettia Lane has been constructed up to the eastern edge of the property and is planned for extension to the east to make its final connection to El Camino Real. The project is the subdivision of the land for condominium purposes and the construction of 60 townhome and 30 stacked-flat condominium units. The townhome units will be sold at market rate and 14 of the stacked-flat units will be sold as "inclusionary" affordable units. The remaining 16 will be available for sale at market rate. The overall architectural style of the buildings is Spanish which includes such materials as red barrel tile roofs, light colored stucco, wood, and wrought iron. Architectural details include wooden balconies, arched windows and doors, wooden shutters, wrought iron accents, and exposed rafter tails. There are three townhome unit floorplans. Plan one is a three bedroom unit that is 1,471 square feet. Plan two is a three bedroom unit that is 1,782 square feet. Plan three is a three bedroom unit that is 2,047 square feet. All of them are two-story units with an attached direct access two- car garage. The stacked-flat units are within a podium building and as such, these units will fo* GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDr 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15,2006 Page 3 ^ share a common underground garage and will be accessed from internal hallways via stairs and elevators from the garage. There are four stacked-flat floorplans. Plan Al is a one bedroom unit that is 825 square feet. Plan Bl is a two bedroom unit that is 891 square feet. Plan B2 is a two bedroom unit that is 905 square feet. The final, Plan C, is a three bedroom unit that is 1,130 square feet. The site plan is designed with two points of access from Cassia Road. A third "emergency" access is provided at the eastern most end of the development. The easterly drive will serve as primary access for both the townhome and the stacked-flat podium building units. Similar to the other developments in the immediate vicinity, the project includes gated entries to the townhomes. The podium building will have a gated access to the underground garage. Onsite guest parking is provided for both components of the project as either bays or parallel parking along the private streets. An internal pathway system provides pedestrian access throughout the site and links the various passive and active recreation areas together. Recreation facilities for the townhomes include a swimming pool, children's play area, and turf area with barbeques. The stacked-flat podium building has a separate turf and children's play area. A common recreational vehicle storage yard that will be available to all residents is provided in the southeastern corner of the development. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. General Plan Residential High Density (RH), Residential Medium-High Density (RMH), and Open Space (OS) Land Use designations; B. Residential Density-Multiple (RD-M) and Open Space (OS) Zones (Chapters 21.24 and 21.33 of C.M.C.) and Planned Development Ordinance (Chapter 21.45 of C.M.C.); C. Mello II Segment of the Local Coastal Program, and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of C.M.C.); D. City Council Policy 66 (Principles for the Development of Livable Neighborhoods); E. Hillside Development Regulations (Chapter 21.95 of C.M.C.) and Hillside Design Guidelines; F. Habitat Management Plan (HMP); G. Inclusionary Housing Ordinance (Chapter 21.85 of C.M.C.); H. Subdivision Ordinance (Title 20 of the C.M.C.); I. Growth Management Ordinance (Chapter 21.90 of C.M.C.) and Zone 21 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with all applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The existing General Plan Land Use designation for the project site is Residential Low Medium Density (RLM; 0-4 du/ac) and Residential Medium Density (RM; 4-8 du/ac). The surrounding properties in Zone 21 have General Plan Land Use designations of RLM, RM, RMH, and RH. GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-237 HMPP 06-08 - POINSETTIA PLACE November 15,2006 Page 4 •_ The RLM and RM General Plan Land Use designations anticipate low and medium density residential development at 0-4 and 4-8 du/ac respectively, with a Growth Management Control Point (GMCP) of 3.2 du/ac and 6 du/ac respectively used for the purposes of calculating the City's compliance with Government Code Section 65584. The property is subject to preservation standards of the Habitat Management Plan (HMP) and, as a property within the Coastal Zone, is subject to additional HMP conservation standards. The Coastal Zone conservation standard requires that 75% of the project site remain as undeveloped and that development should be concentrated on the remaining 25% at the north end of the site adjacent to Cassia Road. As proposed the project complies with the HMP preservation standards and Coastal Zone conservation standards and results in the need to amend the General Plan to reflect the concentration of development on the north end of the site with a corresponding General Plan Land Use. Therefore, the project includes an amendment to the General Plan Land Use Map designations from RLM and RM to RMH, RH and OS. Table 1 below provides a comparison of the existing and proposed General Plan Land Use designations and their resulting density yields. TABLE 1 - GENERAL PLAN LAND USE DESIGNATION COMPARISON CHART General Plan Land Use Designation RLM (0-4 du/ac) Medium-Low Density Residential RM (4-8 du/ac) Medium Density Residential RMH (8- 15 du/ac Medium-High Density Residential) RH( 15-23 du/ac) High Density Residential Combined Unit Total OS - Open Space (Natural Open Space) Existing Acreage (gross) 11.30 9.10 0.00 0.00 0.00 Existing Acreage (net) 9.20 9.00 0.00 0.00 0.00 Existing Dwelling Unit Yield 29.44 53.40 0.00 0.00 82.84 N/A Proposed Acreage (gross) 0.00 0.00 5.30 1.20 11.95 Proposed Acreage (net) 0.00 0.00 5.30 1.20 11.95 Dwelling Unit Yield/Proposed N/A N/A 60.95 / 60 22.8/30 83.75/90 N/A The 20.4 acre property, as it is currently designated, has a potential dwelling unit yield of 82.84 units. Consistent with the intent of the Habitat Management Plan (HMP), those units are proposed to be clustered on the northern 25% of the property. In addition to the 82.84 units allowed at the GMCP for the existing General Plan Land Use designations, an allocation of 7.16 101 GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDl- 04-07/CDP 04-237 HMPP 06-08 - POINSETTIA PLACE November 15,2006 Page5 >._ dwelling units from the City's Excess Dwelling Unit Bank is being requested to accommodate the provision of 7 very-low and 7 low income affordable units. The provision of very-low income units is more than the minimum required by the Inclusionary Housing Ordinance that only requires 14 units for low income households. Clustering all 90 dwelling units requested onto the northern 25% of the site results in a higher density than that allowed by the existing RLM and RM General Plan Land Use designations. In order to accommodate the 90 dwelling units on the reduced building area envelope (northern 25% of the site) new individual General Plan Land Use designations are proposed for the 5.3 acre site with townhomes and the 1.2 acre stacked-flat podium building site. The proposed Land Use designation for the townhome site is RMH (8-15 du/ac). The GMCP for RMH is 11.5 du/ac and the townhome site achieves 11.32 du/ac. The proposed Land Use designation proposed for the stacked-flat podium building site is RH (15-23 du/ac). The GMCP for RH is 19 du/ac and the podium building site achieves 25 du/ac. The density on the site exceeds the GMCP and high end of the RH density range (23 DUs/ac). The General Plan Land use Element acknowledges that in order to provide housing to lower income households, the density range and GMCP may need to be exceeded. Exceeding the high end of the density range may be acceptable for the provision of "affordable" housing units and must be reviewed on an individual project basis, and may be independent of the residential land use designation of the site, subject to the criteria listed under Residential, Implementing Policies and Programs, C.2. which includes evaluation of neighborhood compatibility, adequacy of public facilities, and proximity to roadways, employment centers, parks, and/or transit. Findings can be made that the project is consistent with implementing policy and action program C.2. since the surrounding area includes multi-family housing specifically along Cassia Road, the necessary public facilities have capacity to serve the project site, the site is located near El Camino Real, a Prime Arterial roadway and Poinsettia Lane, a Major Arterial roadway, and is also located within walking distance of commercial services at El Camino Real and Aviara Parkway. The City Council has authorized through adoption of Policy No. 43, that units in the Proposition E "Excess Dwelling" Unit Bank may be allocated to "qualifying" residential projects. In order to qualify for an allocation, projects must possess one or more characteristic outlined in the policy. The project qualifies for the allocation of units in that 14 of the project's housing units will be made available to very-low and low income households. Allocation of the 7.16 units to this project will not exceed the overall southwest quadrant cap. The project complies with all elements of the General Plan as illustrated in Table 2 below: 101 GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15, 2006 Page 6 ^ TABLE 2: GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing Public Safety Open Space & Conservation Noise Circulation USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is propose'd to be designated as Residential Medium-High Density (RMH), Residential High Density (RH), and Open Space (OS) Provision of affordable housing To require a minimum fire flow of water for fire protection Utilize Best Management Practices for control of storm water and to protect water quality Residential noise standard of 60 dBA CNEL for required exterior open space and interior noise standard of 45 dBA CNEL. Require new development to construct roadway improvements needed to serve proposed development PROPOSED USES & IMPROVEMENTS 60 townhouse units on 5.3 acres equals 1 1.3 du/ac and 30 condominium units on 1 .2 acres equals 25 du/ac. Exceeding the high end of the RH range is permissible for the provision of very-low and low income housing units. The project provides 7 onsite very-low income for-sale units and 7 onsite low-income for- sale units. The project includes fire hydrants and fire buffers. Project will conform to all NPDES requirements. Prior to issuance of a building permit, evidence shall be submitted illustrating that interior noise levels will be at or below 45 dBA CNEL. Project will provide frontage roadway improvements including Cassia Road and a short segment of Poinsettia Lane. COMPLY? Yes Yes Yes Yes Yes Yes B. Residential Density-Multiple (RD-M) and Open Space (OS) Zones (Chapters 21.24 and 21.33 of C.M.C.) and Planned Development Ordinance (Chapter 21.45 of C.M.C.); The site is currently zoned Limited Control (L-C). A Zone Change is proposed as part of the project to redesignate the site from L-C to RD-M and OS. This will result in the Zoning designations for the site being consistent with the proposed General Plan Land Use designations of RMH, RH and OS. Although the property will be zoned RD-M, as a condominium, the project must also comply with the development regulations of the Planned Development Ordinance. The project meets or exceeds most requirements of the Planned Development regulations (21.45.070). As outlined in Table 3 below, the private recreational space standard for the podium building units have been reduced. The Planned development Ordinance standards GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15, 2006 Page? ._, require a minimum 6 foot by 10 foot balcony and the project is proposed with 6 foot by 8.5 foot balconies. The reduction is allowed as an incentive for the provision of very-low income units per C.M.C. Section 21.86.050. TABLE 3: DEVELOPMENT STANDARD COMPLIANCE Residential Density-Multiple Zone Standard Building Height Setbacks Front yard Side yard Rear yard Subterranean Parking Lot Area Lot Coverage Lot Width Minimum Required or Maximum Allowed Maximum: 35 feet Townhome Podium Building Minimum: 10 feet Minimum: 5 feet Minimum: 10 feet Minimum: Zero Minimum: 10,000 sq.ft. Maximum: 60% Minimum: 60 feet Proposed 34.5 feet 35 feet 16 feet 20 feet 44 feet 16 feet Lot 1: 5.3 acres Lot 2: 1.2 acres Lots 3-5 are Open Space lots and not subject to the standard. 23.8% coverage of development Lots 1 and 2. Lots 3-5 are Open Space lots and not subject to the standard. Lot 1 : 60+ feet Lot 2: 60+ feet Lots 3-5 are Open Space lots and not subject to the standard. Comply? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 116 f I GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15, 2006 PageS ^ Planned Developments Table C Standard Arterial Setbacks: Poinsettia Lane is a Major Arterial Visitor Parking: Townhome Podium Screening Driveways Community Recreational Space Townhomes Podium Building Recreational Vehicle Storage: Townhomes Podium Building Storage Space Minimum Required or Maximum Allowed Minimum: 40 feet 5 spaces for the first 10 units and 1 space for every 4 units over 10. 23 spaces 1 0 spaces Screened from public view 24 feet wide curb-to-curb 200 square feet per unit. 75% of total as active recreation 12,000 sq.ft. 75% of total as active recreation 6,000 sq.ft. 75% of total as active recreation 20 square feet per unit. Combined 1,800 square feet for all units 480 cubic feet per unit Proposed 50 feet 28 spaces 10 spaces 24 feet 16,400 sq.ft. 11, 640 sq.ft. 6,000 sq.ft. 6,000 sq.ft. 1,800 sq.ft. 480+ sq.ft. Comply? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Table E Standard Livable Neighborhood Policy Lot Coverage Building Height Setbacks: Street Driveway Minimum Required or Maximum Allowed (See separate Policy 66 Section) Maximum: 60% Maximum: 35 feet Townhome Podium Building Minimum: 1 1 feet to porch Average: 15 feet to residence Minimum: 8 feet to residence Minimum: 5 feet to garage Proposed 23.8% coverage of development Lots 1 and 2. 34.5 feet 35 feet 15 feet 20 feet + 10 feet 5 feet Comply? Yes Yes Yes Yes Yes Yes Yes GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15,2006 Page 9 .- Table E Continued Standard Architectural Design Elements Minimum Building Separation Resident Parking Townhome Podium Building 1 Visitor Parking Townhome Podium Building Compact Recreational Space Private Townhome Podium Building Minimum Required or Maximum Allowed 3 building planes on all elevations Minimum of 4 design elements Average: 20 feet Minimum: 10 feet 1 garage space + 1 space 60 covered/ 60 uncovered spaces 30 covered 30 uncovered spaces 5 spaces + 1 per 4 units over 10 23 spaces 10 spaces Maximum: 25% 10X10 Patio or 6X10 Balcony 10X10 Patio or 6X10 Balcony Proposed 3 Planes + Accent Material Roof planes Paned windows Rafter tails Shutters Window shapes 20 feet 10 feet 120 in garages 32 covered 28 uncovered 28 spaces 1 0 spaces Patio: Plan 3 Balcony: Others Patio: None Balcony: All Comply? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A No C. Mello II Segment of the Local Coastal Program, and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of C.M.C.) The proposed project is consistent with the Mello II Segment of the LCP which contains land use policies for development and conservation of coastal land and water areas within its boundaries. The policies of the Mello II Segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The project is consistent with the following Coastal Act policies: A) no agricultural lands exist on the project site currently (historical reference to previous agriculture did occur), the site is not identified on the Mello II Segment Map X, therefore no impacts to such will occur; B) the site is geologically stable and the proposed grading for the site has been limited to the area necessary to develop the site; C) the project has been designed to reduce the amount of runoff off-site by surface drains and has been conditioned to implement the NPDES standards to ensure the quality of the water leaving the site; D) the project meets the parking requirements of the zoning ordinance; E) the project does not preclude any recreational opportunities or shoreline access as GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15, 2006 Page 10 •_ the property is not a shorefront property; and F) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. The Coastal Resource Protection Overlay Zone speaks more directly to preservation and protection of lagoon resources and steep slopes. Topographically, the flatter disturbed portion of the site slopes downward from west to east and the undisturbed area slopes downward from the south to the north. The undeveloped area is covered primarily by Southern Maritime Chaparral habitats. The sensitive habitat resources occurring on site include 11 acres of Southern Maritime Chaparral and 0.2 acres of Southern Willow Scrub. As designed, the project will impact 1.53 acres of Southern Maritime Chaparral and 0.2 acres of Southern Willow Scrub. The impact to wetlands results from the improvement of the project's frontage of Poinsettia Lane, which is a Circulation Element roadway. Consistent with the Local Coastal Program Policy 3-1.7, no feasible less environmentally damaging alternative is available since the road has been constructed up to the project site and the alignment can not be altered to avoid the impact. Consistent with Local Coastal Program Policy 3-1.8, the project will mitigate, as stated in the Mitigation Monitoring and Reporting Program, for all impacted habitats at a 3:1 ratio consistent with the City of Carlsbad HMP and the Mello II Segment of the Local Coastal Program. The site is identified in the Mello II Segment of the Local Coastal Program as having specific habitat protection standards. Development of the RSWB property (APN 215-020-06) is limited to a maximum of 25% of the property not including Poinsettia Lane and development is to be concentrated adjacent to Cassia Road and the future Poinsettia Lane extension. The project is designed to use the northern quarter of the site. Impacts to SMC are to be minimized. Impacts have been minimized to the greatest extent feasible and preservation mechanisms and mitigation measures put in place. A north-south wildlife corridor shall be provided on the eastern half of the site. The project includes an Open Space corridor along the eastern edge of the property as part of the Open Space preserve. A total of 2.8 acres of dual criteria slopes have been mapped on the property. The parcel has been designed to minimize the encroachment into dual criteria slopes. The project impacts approximately 5% of the total dual criteria slopes on site. Up to a maximum of 10% may be impacted. The encroachment is a result of preserving 75% of the property as Open Space preserve as required by the City's Habitat Management Plan and Local Coastal Program. The northern 25% of the site that is designated for development includes the smaller area of 25% slopes being impacted. The Local Coastal Program Amendment is necessary to change the LCP Land Use designations for the property from RLM and RM to RMH, RH and OS; and to change the LCP Zoning of L-C to RD-M and OS. The proposed Local Coastal Program Land Use and Zoning designations are consistent with the project's proposed General Plan and proposed Citywide Zoning designations. D. City Council Policy 66 (Principles for the Development of Livable Neighborhoods) The proposed project complies with the applicable guidelines and principles of City Council Policy 66 regarding livable neighborhoods as shown in Table 4 below. 1/3 GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15,2006 Page 11 .. TABLE 4: CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS Principle Compliance Comments Building Facades, Front Entries, Porches Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. The townhome project is designed with auto courts. All townhome units have entrances that front either Cassia Road or the courtyard between the buildings. All townhomes have either a front balcony and/or porch. The podium building is designed with balconies on all sides of the building. Garages Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side-loaded garages, front-loaded garages, alley- loaded garages and recessed garages. The townhome project is an auto court design and therefore no garages face the public street. The podium building includes an underground garage and therefore also has no garages visible from the public street. GPA 04-12/ZC 04-08/LCPA D4-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15,2006 Page 12 _- TABLE 4: CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS CONTINUED Principle Compliance Comments Street Design An interconnected, modified (grid) street pattern should be incorporated into project designs when there are no topographic or environmental constraints. Interconnected streets provide pedestrians and automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul-de- sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. The project takes access off of Cassia Road via a private street. The townhome units are then accessed via auto courts off of the private street. The podium >uilding garage is also accessed rom the private street. The private street is adequate to serve the 90 dwelling units and includes full improvements that will allow safe pedestrian movement throughout the site. There is also a perimeter sidewalk surrounding the residential development. Parkways Street trees should be planted in the parkways along all streets. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. The project provides a fully landscaped parkway between the sidewalk and private entry street. The main private street has sidewalk on one side and is landscaped on the other. Cassia Road is a collector street with curb adjacent sidewalks. Pedestrian Walkways Pedestrian walkways should be located along or visible from all streets. Walkways (sidewalks or trails) should provide clear, comfortable and direct access to neighborhood schools, parks/plazas and transit stops. Primary pedestrian routes should be bordered by residential fronts, parks or plazas. Where street connections are not feasible (at the end of cul-de-sacs), pedestrian paths should also be provided. The project provides sidewalks along the private driveways and the improvements to Cassia Road and Poinsettia Lane include sidewalk. GPA 04-12/ZC 04-08/LCPA Q4-08/CT 04-10/CP 05-05/HDP 04-05/SDF 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15, 2006 Page 13 ^ TABLE 4: CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS CONTINUED Principle Compliance Comments Centralized Community Recreation Areas Park or plazas, which serve as neighborhood meeting places and as recreational activity centers should be incorporated into all planned unit developments. As frequently as possible, these parks/plazas should be designed for both active and passive uses for residents of all ages and should be centrally located within the project. Parks and plazas should be not be sited on residual parcels, used as buffers from surrounding developments or to separate buildings from streets. The project is providing in excess of 12,000 square feet of common active recreation area which includes a swimming pool for the townhomes and the required 6,000 square feet of common recreational area for the podium building. Amenities include flat turf areas, gathering areas, benches, children's play equipment, and grill areas. E. Hillside Development Regulations (Chapter 21.95 of C.M.C.) and Hillside Design Guidelines A Hillside Development Permit is required for the project because the property contains slopes of 15 percent and greater with elevation differentials greater than 15 feet. The purpose of this permit is to review the proposed development for conformance with the Hillside Development Regulations, Chapter 21.95 of the CMC. The development proposal is in conformance with the purpose and intent in addition to the other provisions of the regulations. Development of Natural Slopes Over Forty Percent Gradient The hillside slope conditions and undevelopable areas have been identified on the project constraints map for the Tentative Map. Approximately .07 acres are comprised of slopes having gradients above 40%. In instances where grading will occur, the 40% slopes are exempt from the hillside regulations because they were previously graded and because the slopes have less than 15 feet in elevation difference and an area of less than 10,000 square feet. The remaining grading will not result in impacts to steep slopes covered by the Hillside Regulations since the steeper topography is preserved within the open space lots. Volume of Grading The standards require that volumes of grading be minimized. The relative acceptability of hillside grading volume falls into the following three categories: 1) Acceptable: 0 -7,999 cubic yards per acre (cu/ac), 2) Potentially Acceptable 8,000 - 10,000 cy/ac, and 3) Unacceptable greater than 10,000 cy/ac. Grading quantities for the project (excluding Poinsettia Lane) include a cut of 4,940 cubic yards, and fill materials of 52,260 cubic yards. A net 47,320 cubic yards must be imported to the site. The fill is necessary to adjust the 26 foot fall in elevation of the site from the east to the west. Cassia Road follows the same fall in elevation. The existing elevation on the east is 266 feet and on the west is 240 feet above mean sea level. After grading the easterly most building pad elevation will be 260 and the westerly most will be 252 feet above mean sea level. The resulting quantities are within the potentially acceptable grading volume range of at 8,930 cy/ac after adjustments are made to exclude grading associated with Poinsettia Lane, a Circulation Element roadway. The potentially acceptable grading volume is justified in GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15, 2006 Page 14 :- that development is limited to 25% of the site as required by the Habitat Management Plan and Local Coastal Program. The grading volume is also affected by the need to import a significant amount of fill necessary to create a pad that relates favorably to the adjacent street. Because the site is located on a collector street in between a Prime Arterial Roadway and Major Arterial Roadway, the truck route necessary to deliver the fill material can avoid local streets potentially impacting internal residential areas. Slope Height Manufactured slopes may not exceed 40 feet in height unless either an exclusion is provided pursuant to CMC Section 21.95.130 or a modification is granted pursuant to Section 21.95.140. No slopes associated with the development lots are proposed to exceed a height of 22 feet. Contour Grading The Hillside Development Regulations require contour grading of all manufactured slopes which are greater than 20 feet in height and two hundred feet in length and which are located adjacent to or are substantially visible from a Circulation Element road, collector street, or useable public open space area. The project complies with this standard in that the graded slopes located along Poinsettia Lane or that are visible from Cassia Road and Poinsettia Lane are less than 150 feet in length and 20 feet in height. Screening Manufactured Slopes All manufactured slopes will be landscaped in accordance with the City's Landscape Manual. F. Habitat Management Plan (HMP) Subsection 7-14(f) of Section D in the City's HMP permits 25% of the parcel to be developed, not including Poinsettia Lane construction. To minimize impacts to environmentally sensitive land, development shall be clustered to the maximum extent feasible along the disturbed portion of the property adjacent to Cassia Road and the future extension of Poinsettia Lane. The proposed project is consistent with the Carlsbad Habitat Management Plan (HMP) for Natural Communities. The project site is located within an existing HMP standards area. Gnatcatcher surveys were conducted and the site was found to be occupied. The HMP requires that there be no net loss of habitat within the coastal zone. Thus, habitat creation or substantial restoration (subject to consultation and concurrence of the wildlife agencies and the California Coastal Commission) must account for at least 1:1 of the required mitigation. The remaining mitigation requirement may be satisfied through the purchase of credits within a suitable mitigation bank. Pursuant to the HMP the project is conditioned to mitigate for the following impacts as outlined in Table 6 below. GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15, 2006 Page 15 :- TABLE 6: HABITAT MITIGATION REQUIREMENTS HABITAT Southern Maritime Chaparral - including all sub-associations Southern Willow Scrub/CDFG Jurisdictional EXISTING ACREAGE 11 0.2 IMPACTS FROM EXTENSION OF POINSETTIA LN. (ACRES) .93 0.2 IMPACTS FROM PROPOSED DEVELOPMENT (ACRES) .6 0 MITIGATION RATIO 3:1 3:1 MITIGATION REQUIREMENT (ACRES) 4.59 0.6 Mitigation for the 0.2 acre impact to Southern willow scrub/CDFG Jurisdictional habitat shall be satisfied through the purchase of 0.6 acres mitigation credit within a suitable wetlands mitigation bank. All habitat preserved on-site will be placed in a separate open space lot. The open space lot will be protected by a conservation easement and an endowment will be established for the management, monitoring and reporting of the habitat in perpetuity. Title to the open space parcel will need to be transferred to an appropriate land trust (biological) entity. The project site is designated as a Coastal Zone standards area and is allowed only to develop 25% of the gross project area. The project complies with the standard. Furthermore, with the identification of that 25% development area, the site must be re-designated in the Habitat Management Plan as having a Hardline Conservation Area on the remaining 75% of the site. Through the consistency findings of the Habitat Management Plan Permit, HMPP 06-08, the project open space preserve will be mapped as a Hardline Conservation Area and will be restricted from any future development potential. G. Inclusionary Housing Ordinance (Chapter 21.85 of C.M.C.) The City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision must be made affordable to lower income households. The inclusionary housing requirement for this project is 14 dwelling units, which is 15% of the total 90 units proposed. The applicant has designated 14 of the 30 stacked- flat condominium units within the podium building on the eastern portion of the site as restricted to 7 very-low income DUs and 7 low income DUs. At this time, specific units within the podium building have not been identified as those that will satisfy the City's Inclusionary Housing Ordinance. The units will be determined upon approval of an Affordable Housing Agreement. The remaining 16 units will be available for purchase at market rate. The podium building units range in size from 1-bedroom units of 825 square feet to 3-bedroom units of 1,130 square feet. Each unit has access to a balcony. This building does not share the recreation facilities of the adjacent townhomes but has its own common recreation area. Parking is provided at the full ratio required in the Planned Development Ordinance. An allocation of 7.16 dwelling units from the City's Excess Dwelling Unit Bank is being requested to accommodate the provision of 7 very-low and 7 low income affordable units. The provision of 7 very-low income units is more than the minimum required by the Inclusionary Housing Ordinance. The allocation is an increase of 7.16 DUs above the 82.84 dwelling unit /it GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/ HMPP 06-08 - POINSETTIA PLACE November 15, 2006 Page 16 •_ yield allowed on the site under the existing General Plan Land Use designations and their respective GMCPs. H. Subdivision Ordinance (Title 20 of the C.M.C.) The Subdivision Ordinance, Title 20 of the Municipal Code, requires the filing of a tentative tract map for the division of property into five or more lots. The applicant has filed a Tentative Tract Map for division of the property into 5 lots and for 90 residential condominiums on 20.4 acres. The subdivision will create two development areas (Lots 1 and 2), one Open Space lot (Lot 3), and two smaller lots that will not be developed but are located such that they cannot be incorporated into a larger open space preserve. Lots 4 and 5 are not proposed for development, will be restricted by open space easements, and will be designated as OS by both the General Plan and Zoning. The Tentative Tract Map includes conditions for infrastructure improvements and grading associated with the property. The infrastructure improvements include frontage improvements for Cassia Road and Poinsettia Lane, sewer, water and drainage improvements. As designed and conditioned, the Tentative Tract Map complies with all City requirements, including the Subdivision Ordinance and the State Subdivision Map Act. The project as conditioned provides all necessary improvements and all findings required by Title 20 can be made and are contained in the Planning Commission Resolution for CT 04-10. I. Growth Management Ordinance (Chapter 21.90 of C.M.C.) and Zone 21 Local Facilities Management Plan The proposed project is located within Local Facilities Management Zone 21 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 5 below. TABLE 5: GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 3 12.90 sq.ft. 166.88 sq.ft. 90EDU .63 acres 1 8.5 CFS Basin D 720 ADT (8 per unit) Station No. 2 3.06 acres Carlsbad Unified (E= 8.08/M=3.57/HS = 4.42) 90EDU 22,500 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-237 HMPP 06-08 - POINSETTIA PLACE November 15, 2006 Page 17 - The number of units anticipated for the site based on the GMCPs of the existing General Plan designations is 82.84 dwelling units. For the purpose of clustering development on the northern 25% of the site and preserving the remainder as Open Space, the General Plan Land Use designations are proposed for change. The density of the project based on the new Land Use designations is 11.3 du/ac on Lot 1, within the PJV1H range of 8-15 du/ac and 25 du/ac on Lot 2, just over the high end of the RH range of 15-23 du/ac. The 90 unit project proposed is 7.16 dwelling units over the GMCP of 82.84. The units may be allocated to the project because the project will contribute 7 very-low income and 7 low income units to the City's inventory versus the minimum housing requirement of 14 low income units. The City Council has authorized through adoption of Policy No. 43, that units in the Proposition E "Excess Dwelling" Unit Bank may be allocated to "qualifying" residential projects. In order to qualify for an allocation, projects must possess one or more characteristic outlined in the policy. The project qualifies for the allocation of units in that 14 of the project's housing units will be made available to lower income households, seven of which will be reserved for very-low income households. Allocation of the 7.16 units to this project will not exceed the overall southwest quadrant cap because other projects in the quadrant have been developed below the GMCP. Furthermore, all of the existing and future offsite and onsite facilities that will serve the project site have been sized with enough capacity to serve the additional 7.16 dwelling units. The project will also contribute 11.95 acres of land to be designated as Open Space in both the General Plan and on the Zoning Map. The result is an excess of 8.86 acres above the minimum project pro rated share for the Local Facilities Management Zone. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to biological resources and noise and mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have now been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was published in the newspaper and sent to the State Clearinghouse for public agency review. Comments from the U.S. Fish and Wildlife Service (USFWS) were received during the 30 day public review period from April 7, 2006 to May 8, 2006. The MND incorporates conditions appropriate to address the concerns of the USFWS. ATTACHMENTS: 1. Planning Commission Resolution No. 6187 (Mit. Neg. Dec.) 2. Planning Commission Resolution No. 6188 (GPA) 3. Planning Commission Resolution No. 6189 (ZC) 4. Planning Commission Resolution No. 6190 (LCPA) 5. Planning Commission Resolution No. 6191 (CT) 6. Planning Commission Resolution No. 6192 (CP) 130 GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDF 04-07/CDP 04-237 HMPP 06-08 - POINSETTIA PLACE November 15, 2006 Page 18 •_ 7. Planning Commission Resolution No. 6193 (HDP) 8. Planning Commission Resolution No. 6194 (SDP) 9. Planning Commission Resolution No. 6195 (CDP) 10. Planning Commission Resolution No. 6196 (HMPP) 11. Location Map 12. Background Data Sheet 13. Local Facilities Impact Assessment Form 14. Disclosure Statement 15. Reduced Exhibits 16. Full Size Exhibits "A" - "R" and "Al" - "A26" dated November 15, 2006 BACKGROUND DATA SHEET CASE NO: GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04- 07/CDP 04-23/HMPP 06-08 ^ CASE NAME: Poinsettia Place APPLICANT: Sierra Linda Development Company REQUEST AND LOCATION: Request for a recommendation of approval for adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and recommendation of approval for a General Plan Amendment (GPA 04-12) to change the property's General Plan Land Use Designation from Residential Low Medium Density (RLM) and Residential Medium Density (RM) to Residential High Density (RH), Residential Medium- High Density (RMH). and Open Space (OS): a Zone Change (ZC 04-08) to change the property's Zoning from Limited Control (L-C) to Residential Density-Multiple (RD-M) and Open Space (OS): a Local Coastal Program Amendment (LCPA 04-08) to change the Local Coastal Program Land Use and Zoning designations to be consistent with the City's General Plan and Zoning designations; a Tentative Tract Map (CT 04-10), Condominium Permit (CP 05-5), Hillside Development Permit (HDP 04-051 Site Development Plan (SDP 04-07). Coastal Development Permit (CDP 04-23). and Habitat Management Plan Permit (HMPP 06-08) for the subdivision of 20.4 acres into two residential lots for 90 residential condominiums and three Open Space lots on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21 LEGAL DESCRIPTION: The north half of the southwest quarter of the southwest quarter of Section 23. Township 12 south. Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof APN: 215-020-06-00 Acres: 20.4 Proposed No. of Lots/Units: 5 Lots/90 Airspace Condominiums GENERAL PLAN AND ZONING Existing Land Use Designation: Residential Low Medium Density (RLM)/Residential Medium Density (RM) Proposed Land Use Designation: Residential Medium High Density (RMHVResidential High Density (RHVOpen Space (OS) Density Allowed: 3.2 DUs/ac & 6 DUs/ac Density Proposed: 11.3 DUs/ac & 25 DUs/ac Existing Zone: Limited Control (L-C) Proposed Zone: Residential Density -Multiple (RD- MVQpen Space (OS) Revised 01/06 Surrounding Zoning, General-Plan and Land Use: Zoning General Plan Current Land Use Site LC RLM/RM Vacant North RD-M RM Townhome Residential South LC RLM Vacant East RDM-Q RM Open Space/Apartment Residential West PC RMH Apartment Residential LOCAL COASTAL PROGRAM Coastal Zone: £3 Yes Q No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: Q Yes ^ No Coastal Development Permit: [X] Yes Q No Local Coastal Program Amendment: 1X1 Yes | | No Existing LCP Land Use Designation: RLM/RM Proposed LCP Land Use Designation: RMH/RH/OS Existing LCP Zone: LC Proposed LCP Zone: RD-M/OS PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 90 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, /\ Mitigated Negative Declaration, notice of intent to issue April 7, 2006 Certified Environmental Impact Report, dated Other, Revised 01/06 /c? 3 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NO AND NAME: GPA 04-12/ZC 04-08/LCPA 04-Q8/CT 04-10/CP 05-05/HDP 04- 05/SDP 04-07/CDP 04-23/HMPP 06-08 - Poinsettia Place LOCAL FACILITY MANAGEMENT ZONE: 21 ZONING: Limited Control (LC) GENERAL PLAN: RLM/RM DEVELOPER'S NAME: Sierra Linda Development Company ADDRESS: 219 Meadow Vista Way Encinitas CA 92024 PHONE NO.: (760} 809-7473 ASSESSOR'S PARCEL NO.: 215-020-06 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 20.4 ac/90 du A. B.' C. D. E. F. G. H. I. .63 12.5 City Administrative Facilities: Demand in Square Footage = 312.90 sq. ft. Library: Demand in Square Footage = 166.88 sq. ft. Wastewater Treatment Capacity (Calculate with J. Sewer) 90 Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = Circulation: Demand in ADT = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: Student Demand B 720 = 2 12.7 J. K. L. Sewer: Water: Demands in EDU Identify Sub Basin = Demand in GPD = Elementary = 8.08 Middle = 3.57 High = 4.42 90 19.800 The project is 7.16 units above the Growth Management Dwelling unit allowance. City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at .the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and an other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 .' APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) £/?*!&£#& /~b* ^'J^TT/# £^4*;f& ^^zl/LC S/£& Person Z>Av"O ^/*Cs*f7TQ Corp/Part Title &?-*& _ Tide Address Z/<9 A4e&&& */'*'& #fy Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person #S/£> sjcsASTQ Corp/Part Title &#&r*/&e- _ Title Address *•eatg l/, Address 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as a trustee or beneficiary of the. Non Profit/Trust. Title Address Non Profit/Trust. Title Address Have you had more than $20 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to tBe best of my knowledge. Signature of owner/date Signature o*f applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Q. O O O O CLQ I O Q.ao 3 S * ? 3 - * s s - ? ! -*-**!'<« v | ig^ ^ -* 1 * i £ >P ! jls I !»a*3Sgf s !! IS 4 It i! Jl]5 ill & P^ ! !i!pl?s Igt „ ijsf sM I ,B« Sss| «: !2f:Hs«|| rs g =p-i ! S« ill* ~mi-Sa^!! fi«? i gis^l^^s- |:;| |p asii % ^s^isi LJa = a= o gihils .nil ku5 ;==^ p§S| f|^gipp!^!| inn r.!|i?8 _p llli! I!it CD |UJ Q. = oo S ^st i »S|f i!|u<2S3* ii'?! i «siltf p i i'$ i 48|s*Sr B K>33JS| •! ill: s§1 i? Jl < MV. sssss'ssi; s I i i s I ! i 1 I S ®0 <lMa ?7 i 5 I ?? I?1 * * a -. 3 V ? ? '? Jii iilJillil»:ish!iSH!ii 8 § S!S S!? il 5 1 1s! :S!i *^**s 3* % ?asa?ss SS*5 i a a |gi ^a II iiss. Ul iaslas II <ci! 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