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HomeMy WebLinkAbout2010-02-16; City Council; 20122; POINSETTIA PLACE - CT 04-10A|CP 04-05A|CDP 04-23A|SDP 04-07CITY OF CARLSBAD - AGENDA BILL 12 AB# 20.122 MTG. 2/16/10 DEPT. CED POINSETTIA PLACE CT04-10(A)/CP04-05(A)/ CDP 04-23(A)/SDP 04-07 DEPT. DIRECTOR &T& > CITY ATTORNEY ,^gg. CITY MANAGER ///^ RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2010-027 APPROVING a determination that the project is within the scope of a previously adopted Mitigated Negative Declaration, and APPROVING Tentative Tract Map Amendment CT 04-1 0(A), Condominium Permit Amendment CP 04-05(A), Coastal Development Permit Amendment CDP 04-23(A) and the rescission of Site Development Plan SDP 04-07 as recommended for adoption and approval by the Planning Commission. ITEM EXPLANATION: Project Application(s) Environmental Review Tentative Tract Map amendment Condominium Permit amendment Coastal Development Permit amendment Site Development Plan amendment Administrative Approvals Planning Commission RA RA RA RA RA City Council X X X X X RA = Recommended Approval * = Final City decision-making authority s = requires Coastal Commission approval The applicant proposes to subdivide 20.4 acres into two residential lots for 82 airspace condominium units and three open space lots on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane. The proposed project includes amendments to the previously approved Poinsettia Place condominium project (CT04-10(A)/CP 04-05(A)/CDP 04-23(A)/SDP 04-07). The proposed amendments reduce the total number of condominium units from 90 to 82, replace a 30 unit podium building with 6 townhome units and 14 stacked flat condominiums, replace a swimming pool with a large grassy area suitable for active use, relocate the main access off of Cassia Road, remove the onsite recreational vehicle storage lot and replace it with a detached garage structure, and allow for the purchase of inclusionary housing credits in-lieu of providing affordable housing onsite. The Planning Commission held a duly noticed public hearing on the item on December 16, 2009. One member of the public commented on the existing traffic conditions on Cassia Road and another stated that the master Aviara homeowner's association did not receive notice of the DEPARTMENT CONTACT: Christer Westman 760-434-4614 christer.westman@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 public hearing during the public comment period. The Planning Commission discussed the current traffic conditions of Cassia Road, was informed that the standard 600 foot radius notice was given for the project public hearing, discussed the merits of the proposed project amendments and voted 7-0-0 to approve the request. FISCAL IMPACT: The addition of this development in the City will increase the property value and subsequently contribute additional property tax to the City's General Fund. Development of the site will also generate fees and contributions to special and facilities districts collected at permit issuance. Additionally, all public facilities required to serve the project will be constructed by the developer prior to or concurrent with development as mandated by the Local Facilities Management Plan. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff conducted an environmental impact assessment to determine if the Poinsettia Place project could have any potentially significant impact on the environment. The environmental impact assessment of the original project identified potentially significant impacts to biological resources and noise and mitigation measures were incorporated into the design of the project or were placed as conditions of approval for the project such that all potentially significant impacts were mitigated to below a level of significance. The proposed revisions to the Poinsettia Place project are such that they do not alter the findings made with the original project and a determination has been made that the project is within the scope of the previously adopted Mitigated Negative Declaration. EXHIBITS: 1. City Council Resolution No. 2010-027 2. Location Map 3. Planning Commission Resolutions No. 6650, 6651, 6652 and 6653 4. Planning Commission Staff Report dated December 16, 2009 5. Draft excerpt of Planning Commission minutes dated December 16, 2009. EXHIBIT 1 RESOLUTION NO. 701 0-037 A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA, APPROVING A DETERMINATION THAT THE PROJECT IS WITHIN THE SCOPE OF A PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP AMENDMENT CT 04-IO(A), CONDOMINIUM PERMIT AMENDMENT CP 04-05(A), COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 04-23(A) AND RESCISSION OF SITE DEVELOPMENT PLAN SDP 04-07 TO SUBDIVIDE 20.4 ACRES INTO TWO RESIDENTIAL LOTS FOR 82 AIRSPACE CONDOMINIUM UNITS 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 IN LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: POINSETTIA PLACE CASE NO.: CT 04-1 O(A)/CP 04-05(A)/CDP 04-23(A)/SDP 04-07 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on December 16, 2009, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map amendment CT 04-10(A), Condominium Permit amendment CP 04-05(A), Coastal Development Permit amendment CDP 04-23(A) and the rescission of Site Development Plan SDP 04-07; and WHEREAS, the City Council of the City of Carlsbad, on the 16th day of February , 2010, held a duly noticed public hearing to consider said Tentative Tract Map amendment, Condominium Permit amendment, Coastal Development Permit amendment, and rescission of Site Development Plan SDP 04-07, and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to CT 04-10(A), CP 04-05(A), CDP 04-23(A) and the rescission of Site Development Plan SDP 04-07. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 1 2. That the recommendation of the Planning Commission for the determination that the project is within the scope of a previously adopted mitigated negative 2 declaration and approval of a Tentative Tract Map amendment, Condominium Permit amendment, Coastal Development Permit amendment and rescission of a Site Development 3 Plan are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6650, 6651, 6652, and 6653 4 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 8 "NOTICE TO APPLICANT" Q The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code ., Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date , - on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of 16 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 17 /// 18 /// 19 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 1 2 3 4 5 6 7 g 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 16th day of February, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Council Member Blackburn. >, Mayor ATTEST: __ LORRAINE M.WOODVCity Clerk (SEAL) Karen R. ,Kundtz. Assistant City Clerk EXHIBIT 2 NOT TO SCALE SITEMAP POINSETTIA PLACE CT 04-10(A) / CP 04-05(A) / SDP 04-07 CDP 04-23(A) 1 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 6650 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF TENTATIVE TRACT MAP AMENDMENT CT 04-1 0(A) TO SUBDIVIDE 20.4 ACRES INTO TWO 4 RESIDENTIAL LOTS FOR 82 AIRSPACE CONDOMINIUM , UNITS AND THREE OPEN SPACE LOTS ON 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.: CT 04-1 Of A) _ 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 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 Tentative Tract 18 - 19 Map Amendment as shown on Exhibits "A" - "P" and "Al" - "A31" dated December 16, 20 2009, on file in the Planning Department, POINSETTIA PLACE - CT 04-10(A), as provided 21 by Chapter 20.12 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 16th day of December, 2009, 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 persons desiring to be heard, said Commission considered all factors 27 relating to the Tentative Tract Map Amendment. 28 WHEREAS, on November 15, 2006, the Planning Commission recommended 2 approval of, CT 04-10, as described and conditioned in Planning Commission Resolution No. 3 6191. 4 5 WHEREAS, on December 19, 2006, the City Council approved, CT 04-10, as 6 described and conditioned in Planning Commission Resolution No. 6191. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 RECOMMENDS APPROVAL of POINSETTIA PLACE - CT 04-10(A), 12 based on the following findings and subject to the following conditions: 13 Findings: 14 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 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State 16 Subdivision Map Act, and will not cause serious public health problems, in that the airspace condominium units being created satisfy all minimum requirements of 17 Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with all other applicable regulations. 18 2. That the proposed project is compatible with the surrounding future land uses since the property to the north is developed as attached townhomes, property to the south is 90 vacant but is designated as Residential Low Medium Density (RLM) and is proposed for development with attached multi-family residential, the property east 21 of the site is developed with multi-family apartments, and the property to the west is developed with multi-family apartments. 3. That the site is physically suitable for the type and density of the development since the J site is adequate in size and shape to accommodate residential development at the density 24 proposed, in that the project site can accommodate the proposed residential development -while complying with all setback, lot coverage, density, and height 25 development standards and public facilities requirements. 26 4 That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 2g that concurrent with recordation of the final map, the developer will vacate and adjust any easements that conflict with proposed development. PCRESONO. 6650 -2- 5. That the property is not subject to a contract entered into pursuant to the Land 2 Conservation Act of 1965 (Williamson Act). 3 6. 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 4 located where cooling coastal breezes reduce the need for mechanical air- conditioning, and construction techniques will deliver high insulation values to reduce the need for mechanical heating, and landscaping will be installed to provide shade and reduce the temperatures of developed areas. 7 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 8 against the public service needs of the City and available fiscal and environmental resources. That the 'design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 11 habitat, in that the project will implement the required mitigation measures contained in the previously adopted Mitigated Negative Declaration and the 12 Mitigation Monitoring and Reporting Program for CT 04-10. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality 15 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 16 System (NPDES) requirements. 17 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated December 16, 2009, in that the project density and housing type 19 is consistent with the intent of the Residential Medium-High Density (RMH) and Residential High Density (RH) Land Use designations and is compatible with the 20 surrounding land uses in that the adjacent land uses are designated Residential „. Medium Density (RM), RMH, and RH; and that the project will provide fees in-lieu of housing units affordable to lower-income households. 22 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 23 Facilities Management Plan for Zone 21 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or " provide funding to ensure that all facilities and improvements regarding: sewer collection 25 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 26 project will be installed to serve new development prior to or concurrent with need. Specifically, 27 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities! PCRESONO. 6650 -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 12. 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 13. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that IQ improvements necessary to maintain compliance with the Growth Management performance standards are contained within the Zone 21 LFMP and the project will 11 comply with the general and special conditions of the zone. 12 14. 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 0 shall record a notice concerning aircraft noise as the project is within the Noise 14 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 15 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.16 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 18 16. The Planning Commission hereby finds that all development in Carlsbad benefits from 19 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 20 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 22 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the 23 preservation of open space within an increasingly urban environment. Moreover, each 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 25 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 26 17. The Planning Director has determined that: 27 a. Poinsettia Place is a project for which a Mitigated Negative Declaration was 2 8 previously adopted [15162]; PCRESONO. 6650 -4- b. this project is consistent with the project cited above; c. the Mitigated Negative Declaration was adopted in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant r in the prior Mitigated Negative Declaration; 6 e. none of the circumstances requiring a Subsequent EIR or Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 7 15163 exist. 8 18. The Planning Commission has reviewed each of the exactions imposed on the Developer 9 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 10 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions; 12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 13 grading permit or recordation of a final map for CT 04-10(A), whichever occurs first. 14 1. This Planning Commission Resolution No. 6650 supersedes Planning Commission 15 Resolution No. 6191. 16 If any of the following conditions fail to occur, or if they are, by their terms, to be 17 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 . Q 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 20 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 21 or a successor in interest by the City's approval of this Tentative Tract Map Amendment. Z- ^ 23 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tract Map Amendment documents, as necessary to make them 24 internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 26 4. Developer shall comply with all applicable provisions of federal, state, and local laws and 27 regulations in effect at the time of building permit issuance. 28 5. 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 PCRESONO. 6650 -5- 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. 6. Developer shall implement, or cause the implementation of, the Poinsettia Place Project r Mitigation Monitoring and Reporting Program. 6 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval, and issuance of this Tract Map Amendment, 9 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 10 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation ,2 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 13 8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 14 the Tentative Map Amendment (CT 04-10(A)) reflecting the conditions approved by the final decision-making body. 16 9. 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 17 format. 1 8 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 20 11. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 21 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: 23 A. Monitor wastewater capacity 24 B. Pay Park-in-lieu fees C. Pay drainage area fees D. Construct Poinsettia Lane frontage improvements 26 12. This approval is granted subject to the previously adopted Mitigated Negative 27 Declaration and Mitigation Monitoring and Reporting Program, Hillside Development Permit HDP 04-05, Habitat Management Plan Permit HMPP 06-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6193, and 6196 for those other approvals incorporated herein by reference and subject to PCRESONO. 6650 -6- the approval of Condominium Permit amendment CP 04-05(A) and Coastal Development Permit amendment CDP 04-23(A) and is subject to all conditions contained in Planning Commission Resolutions No. 6651 and 6653 for those other approvals incorporated herein by reference. 13. Building permits will not be issued for this project unless the local agency providing <- water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 6 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 7 shall be placed on the Final Map for CT 04-10(A). 14. As a condition of this approval, applicant must comply with the requirements of all 9 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 10 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 12 populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 15. This project has been found to result in impacts to wildlife habitat or other lands, such as 14 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 analysis for this project. Developer is aware that the City has adopted an In-lieu 16 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 17 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 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 an increase in the amount of the fee, and the Developer or Developer's successor(s) in 20 interest shall pay the adjusted amount of the fee once it is approved by the City Council. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit 21 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. 23 16. Prior to the approval of the final map for any phase of this project, or where a map is not 24 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 pay an in- lieu fee for 14 affordable dwelling units. The draft Affordable Housing Agreement 25 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 27 owners and successors in interest. 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 PC RESO NO. 6650 -7- the City's Landscape Manual. Developer shall construct and install all landscaping as 2 shown on the approved Final Plans, and maintain all landscaping in a healthy and thrivin condition, free from weeds, trash, and debris. 3 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the r project's building, improvement, and grading plans. 6 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 City Council approval. The 7 City shall 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, upon a showing of good cause. 9 20. Developer shall establish a homeowner's association and corresponding covenants, 10 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 permit, the Developer shall provide the Planning Department with a recorded copy of the ,~ official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 13 a. General Enforcement by the City. The City shall have the right, but not the 14 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right 17 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record.18 , n c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the 20 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If ' 21 the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the 23 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such 24 maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 27 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, 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 PCRESONO. 6650 -8- Easements. The City shall provide a copy of such invoice to each Owner in the 7 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in 3 the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If ^ the Association shall fail to pay such invoice in full within the period specified, ? payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may 6 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 7 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 invoice, plus the late charge. Such special assessment shall constitute a charge on the 9 land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right 10 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 * Owner and his/her respective Lot for purposes of collecting such special assessment , 2 in accordance with the procedures set forth in Article of this Declaration. 13 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 14 f. Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit . 16 21. Developer shall provide bus stops to service this development at locations and with 17 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 i a designed to enhance or be consistent with basic architectural theme of the project. 20 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 21 such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. 23 23. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate 24 which is in conformance with the City-approved documents and exhibits. y 25 24. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 26 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 27 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 28 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. PC RESO NO. 6650 -9- 25. All roof appurtenances, including air conditioners, shall be architecturally integrated and 2 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 3 Directors of Community Development and Planning. 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. 6 27. Prior to occupancy of the first dwelling unit, the Developer shall provide the main recreation area adjacent to the project entry and all other required passive and-active 7 recreational areas per the approved plans, including landscaping and recreational facilities shall be provided prior to occupancy of the 40th unit. 8 9 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 10 be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tract Map Amendment by Resolution No. 6650 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any 13 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 14 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 15 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 17 or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 1 o in 30. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain 20 posted until ALL of the units are sold. 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 may be subject to noise impacts from the proposed or existing Transportation Corridor, in 23 a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 24 32. 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 is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney 27 (see Noise Form #2 on file in the Planning Department). 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 PCRESONO. 6650 -10- approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 34. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning i- Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 6 35. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 7 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property.8 9 Engineering: 10 General 36. The tentative map shall expire thirty six (36) months from the date this tentative , ~ map approval becomes final. 13 37. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer 14 for the proposed haul route. 38. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements (e.g. streets, sidewalks, street lights, stornwater quality 17 treatment and storm drain facilities, etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 19 39. There shall be one Final Map recorded for this project. 20 40. 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. 23 Fees/Agreements 24 41. Developer shall cause property owner to execute and submit to the City Engineer for recordation, tEe City's standard form Geologic Failure Hold Harmless Agreement. 42. 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 27 shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an ™ additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. PCRESONO. 6650 -11- Gradin 43. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 44. Prior to the issuance of grading permit or building permit, whichever occurs first, 6 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 7 established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 10 45. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 12 Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal 1 3 Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the 14 project. At a minimum, the SWMP shall: 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 could be impacted by this project; 17 c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum 1 ° extent practicable before discharging offsite; , Q d. establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident education on the proper 20 procedures for handling cleanup and disposal of pollutants; e. ensure long-term maintenance of all post-construction BMPs in perpetuity; and 21 f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 23 46. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 24 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all 'geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed 2/- by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 27 47. This project requires off-site grading. No grading for private improvements shall occur 2° outside the limits of this approval unless Developer obtains, records, and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the PCRESONO. 6650 -12- owners of the affected properties. If Developer is unable to obtain the grading or slope 2 easement, or agreement, no grading permit will be issued. In that case, Developer must either apply for and obtain an amendment of this approval or modify the plans so grading 3 will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 4 c Dedications/Improvements 6 48. 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 I 49. 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 50. 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 jg 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: 1 O a. Sidewalk on Cassia Road across the project frontage. ,n 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. ^ 95 51. A list of the above shall be placed on an additional map sheet on the Final Map per the ^t 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 52. Developer shall cause Owner to waive direct access rights on the Final Map for all lots abutting Cassia Road. PCRESONO. 6650 -13- 1 2 53. 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. 54. Developer shall incorporate into the grading/improvement plans the design for the project r 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.8 9 Final Map Notes 10 55. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. All improvements are privately owned and are to be privately maintained with the i 2 exception of the following: 13 1. Cassia Road 2. Poinsettia Lane 14 3. Public water and sewer systems 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: 10 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 that may arise through any geological failure, ground water seepage or land 20 subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation, or maintenance. 21 D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified 23 as sight distance corridors. 24 Water 75 56. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 28 PCRESONO. 6650 -14- 27 57. The Developer shall design and construct public facilities within public right-of-way or 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 maintenance, access and/or joint utility purposes. 4 58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. ,• 59. 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 60. 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. 61. The Developer shall install sewer laterals and clean-outs at a location approved by the 11 City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 12 62. 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.-14 1 <. 63. The Developer shall provide separate potable water meters for each separately owned unit. 64. Developer shall evaluate in detail the entire potable water, recycled water, and sewer 1 _ system to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the City Engineer. 18 Code Reminders: 19 65. 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 66. Developer shall pay a landscape plancheck and inspection fee as required by Section 22 20.08.050 of the Carlsbad Municipal Code. 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 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad 25 Municipal Code, respectively. 26 68. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 28 PC RESO NO. 6650 -15- 69. The project shall comply with the latest nonresidential disabled access requirements 2 pursuant to Title 24 of the State Building Code. 3 70. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 4 - 71. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 6 Director prior to installation of such signs, 7 72. Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City:8 9 A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot 10 exceed the Growth Control Point or top of the Density Range except as provided by 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 * 2 development is Residential High Density (15-23 du/ac) per non-constrained acre. 13 B. All private development rights of Parcels 3 to 5 have been transferred to Parcels 1 and 2, and all of Parcels 1 to 5 were used to calculate the project intensity 14 of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of Parcel 1 may not result in a density greater than 11.5 dwelling units per acre, and Parcel 2 may not result in a density 16 greater than 19 dwelling units per acre under their existing General Plan Land Use designations and Chapters 21.85 and 21.90 of the Carlsbad Municipal Code." 17 18 NOTICE 19 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." 21 You have 90 days from date of approval to protest imposition of these fees/exactions. If you 22 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 23 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. 25 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 26 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 ^o NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6650 -16- "PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 16, 2009, by the following vote, to wit: 4 r AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 6 NOES: 7 ABSENT:8 9 ABSTAIN: 10 11 12 MARTELL B. MONTGOMERY,«airperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 17 :| DON NEU1 R1 ° Planning Director 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6650 -17- 1 PLANNING COMMISSION RESOLUTION NO. 6651 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDOMINIUM PERMIT AMENDMENT CP 4 04-05(A) TO SUBDIVIDE 20.4 ACRES INTO TWO RESIDENTIAL LOTS FOR 82 AIRSPACE CONDOMINIUM UNITS AND THREE OPEN SPACE LOTS ON PROPERTY 6 GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE 7 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 8 ZONE 21. 9 CASE NAME: POINSETTIA PLACE CASE NO.: CP 04-05CA) 10 WHEREAS, Sierra Linda Development Company, "Developer," has filed a , ~ 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 Bernardino Meridian, in the City of Carlsbad, County of San 16 Diego, State of California, according to the official plat thereof 17 ("the Property"); and 1810 WHEREAS, said verified application constitutes a request for a Condominium 19 Permit Amendment as shown on Exhibits "A" - "P" and "Al" - "A31" dated December 16, 20 2009, on file in the Planning Department, POINSETTIA PLACE - CP 04-05(A), as provided 21 „„ by Chapter 21.45 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any,'of persons desiring to be heard, said Commission considered all factors 27 relating to the Condominium Permit Amendment. 28 WHEREAS, on November 15, 2006, the Planning Commission recommended 2 approval of, CP 04-05, as described and conditioned in Planning Commission Resolution No. 6192.4 5 WHEREAS, on December 19, 2006, the City Council approved, CP 04-05, as 6 described and conditioned in Planning Commission Resolution No. 6192. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 RECOMMENDS APPROVAL of POINSETTIA PLACE CP 04-05(A), based 12 on the following findings and subject to the following conditions: 13 Findings; 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 of Chapter 21.45 of the Carlsbad Municipal Code. 16 That the proposed project's density, site design, and architecture are compatible with 17 surrounding development, in that the project consists of 62 airspace condominium units with a density of 11.7 du/ac and 20 airspace condominium units with a density of 16.7 du/ac. The project is compatible with the existing surrounding residential 19 developments which are primarily multi-family residential condominiums and apartments at similar densities, site design, and architecture as the proposed 20 project. 3. The Planning Director has determined that: 22 a. Poinsettia Place is a project for which a Mitigated Negative Declaration was 23 previously adopted [ 15162]; 24 b. this project is consistent with the project cited above; c. the Mitigated Negative Declaration was adopted in connection with the prior 26 project or plan; 27 d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration;28 PCRESONO. 6651 -2- e. none of the circumstances requiring a Subsequent EIR or Mitigated Negative 2 Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 3 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 degree of the exaction is in rough proportionality to the impact caused by the project. 6 Conditions: 7 " 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(A), whichever occurs 9 first. 10 1. This Planning Commission Resolution No. 6651 supersedes Planning Commission Resolution No. 6192.11 12 2. This approval shall become null and void upon the expiration or withdrawal of CT 04-10(A). 13 3. If any of the following conditions fail to occur, or if they are, by their terms, to be 14 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 15 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 17 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 Condominium Permit 19 Amendment. 20 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit Amendment documents, as necessary to 21 make them internally consistent and in conformity with the final action on the project. 22 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 23 5. Developer shall comply with all applicable provisions of federal, state, and local laws and 24 regulations in effect at the time of building permit issuance. 25 6. If any condition for construction of any public improvements or facilities, or the payment 25 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 27 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. PCRESONO. 6651 -3- 7. 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 Condominium Permit Amendment, (b) City's approval or issuance of any permit or action, whether e discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 6 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 7 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. %8 9 8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 10 9. 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 j2 format. 13 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 14 obligation to provide school facilities. . - . 11. This approval is granted subject to the previously adopted Mitigated Negative 16 Declaration and Mitigation Monitoring and Reporting Program, Hillside Development Permit HDP 04-05, and Habitat Management Plan Permit HMPP 06- 17 08 and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6193, and 6196 for those other approvals incorporated herein by reference and subject to the approval of CT 04-10(A) and CDP 04-23(A) and is subject to all 19 conditions contained in Planning Commission Resolutions No. 6650, and 6653. 20 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 21 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. 23 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 24 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 25 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 27 approval will not be consistent with the General Plan and shall become void. 28 14. Prior to the issuance of Building Permits, 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 PCRESONO. 6651 -4- be filed in the office of the County Recorder, subject to the satisfaction of the Planning 2 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Condominium Permit Amendment by Resolution No. 6651 on 3 the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The r 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 6 or successor in interest. 7 NOTICE 8 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 9 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."10 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 12 | 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 1 . annul their imposition. 15 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 16 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. 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6651 -5- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on December 16, 2009, by the following 3 vote, to wit: 4 c AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 6 NOES: 7 ABSENT: o 9 ABSTAIN: 10 11 MARTELL B. MONTGOMERY, OTirperson 13 CARLSBAD PLANNING COMM^ION 14 ATTEST: 16 17 u DON NEU1 X1 ° Planning Director 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6651 -6- 1 PLANNING COMMISSION RESOLUTION NO. 6652 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING RESCISSION 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 H 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 15 Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 17 ("the Property"); and18 J9 WHEREAS, said verified application constitutes a request for a Site Development 20 Plan Amendment as shown on Exhibits "A" - "P" and "Al" - "A31" dated December 16, 21 2009, on file in the Planning Department, SDP 04-07(A) as provided by Chapter 21.06/Section 22 21.53.120 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on December 16, 2009 , hold a duly 24 * noticed public hearing as prescribed by law to consider said request; and 25 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 98^° relating to the Site Development Plan Amendment. WHEREAS, on November 15, 2006, the Planning Commission recommended 2 approval of, SDP 04-07, as described and conditioned in Planning Commission Resolution No. 3 6194. 4 5 WHEREAS, on December 19, 2006, the City Council approved, SDP 04-07, as 6 described and conditioned in Planning Commission Resolution No. 6194. 7 WHEREAS, the Site Development Plan (SDP 04-07) was initially required for the onsite provision of inclusionary housing pursuant to Carlsbad Municipal Code 9 Chapter 21.85. 10 WHEREAS, CT 04-10(A) is a revised project which no longer includes onsite 12 inclusionary housing and therefore no longer requires approval of a Site Development 13 Plan. 14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 16 A) That the foregoing recitations are true and correct. 17 B) That based on the forgoing evidence presented at the public hearing, the Planning 18 Commission RECOMMENDS RESCISSION of POINSETTIA PLACE - 19 SDP04-07(A). 20 21 22 23 24 25 26 27 28 PC RESO NO. 6652 -2- NOTICE 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 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 December 16, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery MARTELL B. MONTG^VlERY, CARLSBAD PLANNING COMMI ATTEST: erson SION DON NEU Planning Director PCRESONO. 6652 -o- PLANNING COMMISSION RESOLUTION NO. 6653 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 04-23(A) TO SUBDIVIDE 20.4 ACRES INTO TWO RESIDENTIAL LOTS FOR 82 AIRSPACE CONDOMINIUM UNITS AND THREE OPEN SPACE LOTS 6 ON PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA 7 LANE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 8 MANAGEMENT ZONE 21. 9 CASE NAME: POINSETTIA PLACE CASE NO.: CDP 04-23(A) 10' WHEREAS, Sierra Linda Development Company, "Developer," has filed a 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 Bernardino Meridian, in the City of Carlsbad, County of San 16 Diego, State of California, according to the official plat thereof 17 ("the Property"); and 1 S WHEREAS, said verified application constitutes a request for a Coastal 19 Development Permit Amendment as shown on Exhibits "A" - "P" and "Al" - "A31" dated 20 December 16, 2009, on file in the Planning Department, POINSETTIA PLACE - CDP 04- 21 22 23(A), as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 16th day of December, 2006, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP Amendment.28 WHEREAS, on November 15, 2006, the Planning Commission recommended 2 approval of, CDP 04-23, as described and conditioned in Planning Commission Resolution No. 3 6195.4 WHEREAS, on December 19, 2006, the City Council approved, CDP 04-23, as 6 described and conditioned in Planning Commission Resolution No. 6195. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Q Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 RECOMMENDS APPROVAL of POINSETTIA PLACE - CDP 04-23(A), 12 based on the following findings and subject to the following conditions: 13 Findings: 14 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project consists of the construction of 5 82 residential airspace condominiums on a previously disturbed and graded lot; no current agricultural activities, geological instability, flood hazard, or coastal access opportunities exist onsite and the development does not obstruct views of the 17 coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. Impacts to habitat have been minimized to the greatest extent feasible and will be mitigated according to the standards set forth in the Mello II Segment of the Local Coastal Program. 2Q 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shore. Therefore, 21 the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreation activities. 22 . The project is consistent with the provisions of the Coastal Resource Protection Overlay J Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the 24 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban 25 Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Five percent of the steep slopes onsite are located within the northern 25 percent development area of the site and will be impacted. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 28 PCRESONO. 6653 -2- 27 4. This project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 4 5. 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 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 7 facilities; libraries; government administrative facilities; and open space; related to the project will be installed to serve new development prior to or concurrent with need. Specifically: 9 A. The project has been conditioned to provide proof from the Carlsbad Unified 10 School District that the project has satisfied its obligation for school facilities. B. 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. 12 6. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay ,, Zone (Chapter 21.201 of the Zoning Ordinance). j 5 7. 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 16 to mitigate impacts caused by or reasonably related to this project, and the extent and the degree of exaction is in rough proportionality to the impact caused by the project. Conditions:1 o 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(A), whichever occurs 20 first. 1. This Planning Commission Resolution No. 6653 supersedes Planning Commission 22 Resolution No. 6195. 23 2. This approval shall become null and void upon the expiration or withdrawal of CT 04-10(A). 24 „<. 3. 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 26 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 27 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 PCRESONO. 6653 -3- or a successor in interest by the City's approval of this Coastal Development Permit Amendment. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment documents, as necessary to make them internally consistent and in conformity with the final action on r the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to 6 this approval. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. o 9 6. 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 10 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 , 9 all requirements of law. 13 7. 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 14 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 Coastal Development Permit 16 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 17 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 20 8. This approval is granted subject to the previously adopted Mitigated Negative * Declaration and Mitigation Monitoring and Reporting Program, Hillside Development Permit 04-05, and HMPP 06-08, and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6193, and 6196 for those other approvals 23 incorporated herein by reference and granted subject to the approval of Carlsbad Tract Map amendment CT 04-10(A) and Condominium Permit amendment CP 05- 24 05(A) and is^subject to all conditions contained in Planning Commission Resolutions No. 6650 and 6651 for those other approvals incorporated herein by reference. 26 9. This Coastal Development Permit Amendment approval shall expire thirty six (36) months from the date CT 04-10(A) receives final approval by the City of Carlsbad 27 unless extended per Section 21.201.210 of the Zoning Ordinance or shall expire concurrently with the expiration of CT 04-10(A) if not recorded as a final map or 28 extended. PC RESO NO. 6653 -4- NOTICE 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 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 December 16, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery MARTELL B. MONTGC CARLSBAD PLANNING COMMI5 ATTEST: erson 'SIGN DON NEU Planning Director PCRESONO. 6653 -5- EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 16, 2009 Application complete date: August 3, 2009 Project Planner: Christer Westman Project Engineer: Steve Bobbett SUBJECT: CT 04-10(AVCP 04-05fA)/SDP 04-07(AVCDP 04-23(A) - POINSETTIA PLACE - Request for a determination that the project is within the scope of a previously adopted Mitigated Negative Declaration for GPA 04-12/LCPA 04- 11/ZC 04-08/CT 04-10/CP 04-05/SDP 04-07/CDP 04-23 and that the Mitigated Negative Declaration adequately described the project for the purposes of CEQA and a recommendation of approval of amendments to a previously approved Tentative Tract Map CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescission of Site Development Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condominium units 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 in Local Facilities Management Zone 21. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6650, 6651, 6652, and 6653 RECOMMENDING APPROVAL of Tentative Tract Map amendment CT 04- 10(A), Condominium Permit amendment CP 04-05(A), and Coastal Development Permit amendment CDP 04-23(A) and RECOMMENDING RESCISSION of Site Development Plan SDP 04-07(A) based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant has requested approval of an amendment to the previously approved Poinsettia Place condominium project to reduce the total number of units from 90 to 82, replace the 30 unit podium building with 6 townhome units and 14 stacked flat condominiums, replace a swimming pool with a large grassy area suitable for active use, relocation of the main access off of Cassia Road, and purchase inclusionary housing credits in-lieu of providing affordable housing onsite. Poinsettia Place was originally approved as a Planned Development consistent with the Planned Development Ordinance in effect at that time. The proposed amendments to the Poinsettia Place project are subject to and the project has been reviewed for consistency with the Planned Development Ordinance as amended and effective April 2009. The project complies with City standards and all of the necessary findings can be made for the approvals being requested. III. PROJECT DESCRIPTION AND BACKGROUND The vacant project 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 northernmost portion of the O CT 04-10(A)/CP 04-05(A)/SDr 04-07(A)/CDP 04-23(A) - POINSETTIA PLACE December 16, 2009 Page 2 property has been previously used for agricultural production and the remainder of the site is comprised of native vegetation with some disturbed areas. The site topography includes small hills and a flat sloping area. 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. The Poinsettia Place project was originally designed to minimize impacts to environmentally sensitive land and to cluster to the maximum extent feasible along the disturbed portion of the property adjacent to Cassia Road and the future extension of Poinsettia Lane. There is no proposed change to the footprint established by the original approval. 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. 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 property to the north of the site, across Cassia Road, is developed with a multi-family townhome project. The property to the south of the site is vacant with native vegetation and is currently proposed for development with 428 senior condominiums and 76 affordable senior apartments. The property to the east of the project site includes property designated as Open Space and property developed with an apartment complex. The property to the 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 Poinsettia Place project was first approved by the City Council on December 19, 2006 as a 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. Additional improvements included various passive recreation areas, a common swimming pool, an RV storage yard, surface parking and landscaped areas. The townhome units were to be sold at market rate and 14 of the stacked-flat units were to be sold as "inclusionary" affordable units. The remaining 16 stacked-flat units were intended to be available for sale at market rate. The review of the Poinsettia Place project in December 2006 included a General Plan Amendment and Zone Change to change the property's 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 Zoning designation of Limited Control (LC) to Residential Density-Multiple (RD-M) and Open Space (OS). The land use changes resulted in three Open Space lots with a collective total of 11.95 acres, one 5.3 acre development lot with the Residential Medium High Density (RMH) land use designation and one 1.2 acre lot with the Residential High Density (RH) land use designation. The General Plan Amendment (GPA), Zone Change (ZC), and Local Coastal Program Amendment (LCPA) were approved by the City Council and the California Coastal CT 04-10(A)/CP 04-05(A)/SDf 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16, 2009 Page 3 Commission. The project amendment has been reviewed for consistency with the existing land use designations as changed by the GPA, ZC, and LCPA in December 2006. The Poinsettia Place project amendment is the subdivision of the land for condominium purposes and the construction of 68 townhome and 14 stacked-flat condominium units. 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 four townhome unit floor plans. Plan one is a three bedroom unit that is 1,350 square feet. Plan two is a three bedroom unit that is 1,471 square feet. Plan three is a three bedroom unit that is 1,501 square feet. Plan four is a four bedroom unit that is 1,968 square feet. All of them are two-story townhome units with an attached direct access two-car garage. There are 14 stacked-flat units in a three story building. The building includes six two-car garages. The remaining eight two-car garages are in a separate free standing structure. There are four stacked- flat floor plans and one townhome floor plan. Plan 1 is a two bedroom unit that is 1,025 square feet. Plan 2 is a two bedroom unit that is 1,058 square feet and Plan 3 is also a two bedroom unit that is 1,004 square feet. Plan 4, is a three bedroom unit that is 1,341 square feet and the townhome unit is three bedrooms and 1,930 square feet. The site plan is designed with two points of access from Cassia Road. The primary access is located midpoint to the property and includes decorative paving and security gates. The second access is for "emergency" and is provided at the eastern most end of the development with an "opticon" actuated gate. There are a total of three common recreation areas located throughout the project. Recreation facilities for the project include a large turf area that can be used for active recreation, a shuffle board court, children's play area, barbeques, tables, and shade structures. Active recreation accounts for 75% of the total common recreation area. An internal pathway system provides pedestrian access throughout the site and links the various passive and active recreation areas together. Visitor parking is provided along the driveways as parallel spaces and in parking bays. 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. Inclusionary Housing Ordinance (Chapter 21.85 of C.M.C.); F. Subdivision Ordinance (Title 20 of the C.M.C.); G. Growth Management Ordinance (Chapter 21.90 of C.M.C.) and Zone 21 Local Facilities Management Plan. CT 04-10(A)/CP 04-05(A)/SDF 04-07(A)/CDP 04-23(A) - POINSETTlA PLACE December 16,2009 Page 4 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 Map designations are those that were established with the original approvals of Poinsettia Place. The site has land use designations of RMH, RH and OS and the project has been designed to implement them. The 20.4 acre property, as it is currently designated, has a potential dwelling unit yield of 84 units. Table 1 below provides a chart of the General Plan Land Use designations and their resulting density yields. TABLE 1 - GENERAL PLAN LAND USE DESIGNATION COMPARISON CHART General Plan Land Use Designation RMH (8-1 5 du/ac Medium-High Density Residential) RH (15-23 du/ac) High Density Residential Combined Unit Total OS - Open Space (Natural Open Space) Parcel Acreage (net) 5.348 1.152 11.950 Growth Control Point Dwelling Unit Yield 62 22 84 N/A Top of the Range Dwelling Unit Yield 80 28 108 N/A Proposed 62 20 82 N/A The project complies with all elements of the General Plan as illustrated in Table 2 below: TABLE 2: GENERAL PLAN COMPLIANCE ELEMENT Land Use USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is designated as Residential Medium-High Density (RMH), Residential High Density (RH), and Open Space (OS) PROPOSED USES & IMPROVEMENTS 61 .502 rounded up to 62 townhome units on 5.348 (rounded down to 5.3 ac.) acres equals 11.5 du/ac (RMH=8-15du/ac)and20 condominium units on 1.152 (Rounded up to 1 .2 acres) equals 17.361 du/ac (RH= 15-23 du/ac). COMPLY? Yes 1 \> CT 04-10(A)/CP 04-05(A)/SD^ 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16, 2009 Page 5 TABLE 2: GENERAL PLAN COMPLIANCE CONTINUED ELEMENT Housing Public Safety Open Space & Conservation Noise Circulation USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM 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 The project is conditioned to pay an in-lieu fee for 14 inclusionary housing 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 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.); Although the property is zoned RD-M, as a condominium, the project must also comply with the development regulations of the Planned Development Ordinance. Since the approval of the Poinsettia Place project in December 2006, the Planned Development Ordinance has been amended. The project meets or exceeds the requirements of the Residential Density-Multiple Zone (21.24) and the applicable development standards of the current Planned Development Ordinance (Tables C and E of Chapter 21.45) as outlined in Table 3 below. TABLE 3: DEVELOPMENT STANDARD COMPLIANCE Residential Density-Multiple Zone Standard •j Building Height Setbacks Side yard Rear yard Lot Area Minimum Required or Maximum Allowed Maximum: 35 feet Townhome Flats Building Minimum: 5 feet Minimum: 10 feet Minimum: 10,000 sq.ft. Proposed 33 feet 33.5 feet 45 feet 60 feet Lot 1: 5.3 acres Comply? Yes Yes Yes Yes Yes CT 04-10(A)/CP 04-05(A)/SDf 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16, 2009 Page 6 TABLE 3: DEVELOPMENT STANDARD COMPLIANCE CONTINUED Residential Density-Multiple Zone Standard Minimum Required or Maximum Allowed Proposed Comply? Lot Area, Cont'd.Lot 2: 1.2 acres Lots 3-5 are Open Space lots and not subject to the standard. Yes Lot Coverage Maximum: 60%31% coverage of development Lots 1 and 2. Lots 3-5 are Open Space lots and not subject to the standard. Yes Lot Width Minimum: 60 feet Lot 1: 60+ feet Lot 2: 60+feet Lots 3-5 are Open Space lots and not subject to the standard. Yes Yes PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS REF NO SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT C.I Density Per the underlying General Plan designation. When two or more general plan land use designations exist within a planned development, the density may be transferred from one general plan designation to another with a general plan amendment. No transfer of density is necessary C.2 Arterial Setbacks All dwelling units adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: Prime Arterial 50 Feet Major Arterial 40 Feet Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet The project has a 40 foot setback from Poinsettia Lane which is a Major Arterial CT 04-10(A)/CP 04-05(A)/SDr 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16, 2009 Page 7 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS CONTINUED APPLICABLE TO ALL PLANNED DEVELOPMENTS REF NO C.2, Cont'd. C.3 C.4 SUBJECT Arterial Setbacks Permitted Intrusions into Setbacks/ Building Separation Streets DEVELOPMENT STANDARD Half (50%) of the required arterial setback area located closest to the arterial shall be fully landscaped to enhance the street scene and buffer homes from traffic on adjacent arterials, and: • Shall contain a minimum of one 24" box tree for every 30 lineal feet of street frontage; and • Shall be commonly owned and maintained Project perimeter walls greater than 42 inches in height shall not be located in the required landscaped portion of the arterial setback, except noise attenuation walls that: • Are required by a noise study, and • Due to topography, are necessary to be placed within the required landscaped portion of the arterial setback. Permitted intrusions into required building setbacks shall be the same as specified in Section 21.46.120 of this code. The same intrusions specified in Section 21.46.120 shall be permitted into required building separation. Private Public Street Trees within parkways Minimum right-of-way width Minimum curb-to-curb width Minimum parkway width (curb adjacent) Minimum sidewalk width Minimum right-of-way width Minimum curb-to-curb width Minimum parkway width (curb adjacent) Minimum sidewalk width One-family dwellings and twin homes on small-lots Condominium projects 56 feet 34 feet 5.5 feet, including curb 5 feet (setback 6 inches from property line) 60 feet 34 feet 7.5 feet, including curb 5 feet (setback 6 inches from property line) A minimum of one street tree (24-inch box) per lot is required to be planted in the parkway along all streets. Street trees shall be spaced no further apart than 30 feet on center within the parkway. COMPLIANCE COMMENT The entire area between the buildings and the street right of way is landscaped and includes 24 inch box trees. The project perimeter wall is not located within 20 feet of the road right-of-way. No intrusions are proposed The project does not include private streets The project does not include public streets The project does not include public or private streets The project does not include public or private streets CT 04-10(A)/CP 04-05(A)/SDF 04-07(A)/CDP 04-23(A) - POINSETTlA PLACE December 16, 2009 Page 8 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS CONTINUED APPLICABLE TO ALL PLANNED DEVELOPMENTS REF NO C.4, Cont'd C.5 C.6 SUBJECT Streets Drive- aisles Number of Visitor Parking Spaces Required(i) DEVELOPMENT STANDARD Street Trees within parkways 3 or fewer dwelling units 4 or more dwelling units All projects Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. Minimum 12 feet wide when the drive-aisle is not required for emergency vehicle access, as determined by the Fire Chief. If the drive-aisle is required for emergency vehicle access, it shall be a minimum of 20 feet wide. Minimum 20 feet wide. No parking shall be permitted within the minimum required width of a drive-aisle. A minimum 24-foot vehicle back-up/maneuvering area shall be provided in front of garages, carports or uncovered parking spaces (this may include driveway area, drive-aisles, and streets). Additional width may be required for vehicle/emergency vehicle maneuvering area. Parkways and/or sidewalks may be required. No more than 24 dwelling units shall be located along a single-entry drive-aisle. All drive-aisles shall be enhanced with decorative pavement. Projects with 10 units or fewer A .30 space per each unit. Projects 1 1 units or more A .25 space per each unit. j When calculating the required number of visitor parking spaces, if the calculation results in a fractional parking space, the required number of visitor parking spaces shall always be rounded up to the nearest whole number. COMPLIANCE COMMENT The project does not include public or private streets The project is greater than 3 units The drive aisle widths are between 24 and 34 feet in width No parallel parking is proposed on drive aisles of 20 feet in width A minimum of 24 feet is : provided in the autocourts in front of garages The fire department has reviewed the project and found it to be in compliance with fire department development standards Parkways and sidewalks are included in the project The project has more than one point of access Decorative pavement has been included in key locations of the drive-aisles 2 1 parking spaces are required and 30 spaces have been provided CT 04-10(A)/CP 04-05(A)/SDf 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16,2009 Page 9 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS CONTINUED APPLICABLE TO ALL PLANNED DEVELOPMENTS REF NO SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT On Private/ Public Streets C.7 Location of Visitor Parking On Drive-aisles On a Driveway On-street visitor parking is permitted on private/public streets, subject to the following: • The private/public street is a minimum 34-feet wide (curb-to-curb) • There are no restrictions that would prohibit on- street parking where the visitor parking is proposed • The visitor parking spaces may be located: o Along one or both sides of any private/public street(s) located within the project boundary, and o Along the abutting side and portion of any existing public/private street(s) that is contiguous to the project boundary Parallel parking is proposed on drive aisles of 34 feet in width In parking bays along public/private streets within the project boundary, provided the parking bays are outside the minimum required street right-of-way width. Visitor parking bays are provided outside of the minimum drive-aisle width of 24 feet When visitor parking is provided as on-street parallel parking, not less than 24 lineal feet per space, exclusive of driveway/drive-aisle entrances and aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway/drive - aisle aprons, then 20 lineal feet may be provided. Parallel parking stalls are a minimum of 24 feet in length Within the Beach Area Overlay Zone, on-street parking shall not count toward meeting the visitor parking requirement. The project is not in the beach Area Overlay Zone Visitor parking must be provided in parking bays that are located outside the required minimum drive-aisle width. Visitor parking bays are provided outside of the minimum drive-aisle width of 24 feet Outside the Beacfr Area Overlay Zone One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. No project driveway has a depth of 40 feet or more CT 04-10(A)/CP 04-05(A)/SDr 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16, 2009 Page 10 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS CONTINUED APPLICABLE TO ALL PLANNED DEVELOPMENTS REF NO C 7^. /, Cont'd. SUBJECT Location of Visitor Parking, Cont'd. DEVELOPMENT STANDARD On avyii a T~^n VP.L/l 1 V C way, Pr»nt'rluont u Outside the Beach Area Overlay Zone Within the Beach Area Overlay Zone All project's For projects with 10 or fewer units, all required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. If the streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: • All required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. • If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). The minimum driveway depth required for visitor parking (20 feet or 40 feet) applies to driveways for front or side- loaded garages, and is measured from the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. COMPLIANCE COMMENT The project has greater than 10 units The project is not in the beach Area Overlay Zone The project is not in the beach Area Overlay Zone The project is not in the Beach Area Overlay Zone CT 04-10(A)/CP 04-05(A)/SDr 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16, 2009 Page 11 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS CONTINUED APPLICABLE TO ALL PLANNED DEVELOPMENTS REF NO C.I, Cont'd. C.8 C.9 SUBJECT Location of Visitor Parking, Cont'd. Screening of Parking Areas Community Recreational Space (1) DEVELOPMENT STANDARD For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No overhang is permitted into any Compact required setback area or over sidewalks less than 6 Parking feet wide. For all projects within the Beach Area Overlay Zone, up to 55% of the visitor parking may be provided as compact spaces (8 feet by 1 5 feet). „. Visitor parking spaces must be located no more thanDistance -__ ,, f j • 1-1 n • *i_ c~ .300 feet as measured in a logical walking path tromtrom unit , ,,,, .... ,,i • j , ,the entrance of the unit it could be considered to serve. Open parking areas should be screened from adjacent residences and public rights-of-way by either a view-obscuring wall, landscaped berm, or landscaping, except parking located within a driveway. Community recreational space shall be provided for all projects of 1 1 or more dwelling units, as follows: Minimum community recreational space required Projects with 1 1 to 25 dwelling units Projects with 26 or more dwelling units Projects with 50 or more dwelling units Project is NOT within RH general plan designation Project IS within RH general plan designation 200 square feet per unit 150 square feet per unit Community recreational space shall be provided as either (or both) passive or active recreation facilities. Community recreational space shall be provided as both passive and active recreational facilities with a minimum of 75% of the area allocated for active facilities. Community recreational space shall be provided as both passive and active .recreational facilities for a variety of age groups (a minimum of 75% of the area allocated for active facilities). For projects consisting of one-family dwellings or twin homes on small-lots, at least 25% of the community recreation space must be provided as pocket parks. COMPLIANCE COMMENT Compact spaces are not proposed The project is not in the Beach Area Overlay Zone All required visitor parking is within 300 feet of a unit entrance Visitor parking is screened form the public right-of-way by buildings and landscaping 62 units are within the. RMH and 20 units are within the RH General Plan Land Use designations. The total requirement is for 15,400 square feet of recreation area. The project has 22,1 50 square feet of recreation space. The project has more than 25 units Over 80% of the required recreation space are active facilities Over 80% of the required recreation space are active facilities The project is not one- family or twin homes CT 04-10(A)/CP 04-05(A)/SDr 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16,2009 Page 12 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS CONTINUED APPLICABLE TO ALL PLANNED DEVELOPMENTS REF NO C.9, Cont'd. SUBJECT Community Recreational Space (1)> Cont'd. DEVELOPMENT STANDARD All projects (with 1 1 or more dwelling units) Recreation Area Parking • Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially "T-intersections") and where open space vistas may be achieved. Community recreational space shall be located and designed so as to be functional, usable, and easily accessible from the units it is intended to serve. Credit for indoor recreation facilities shall not exceed 25% of the required community recreation area. Required community recreation areas shall not be located in any required front yard and may not include any streets, drive-aisles, driveways, parking areas, storage areas, slopes of 5% or greater, or walkways (except those walkways that are clearly integral to the design of the recreation area). In addition to required resident and visitor parking, recreation area parking shall be provided, as follows: 1 space for each 15 residential units, or fraction thereof, for units located more than 1 ,000 feet from a community recreation area. The location of recreation area parking shall be subject to the same location requirements as for visitor parking, except that required recreation area parking shall not be located within a driveway(s). COMPLIANCE COMMENT The proposed recreation space is functional No indoor recreation facilities are proposed All required recreation areas are located within the buildable portion of the site and do not encroach into setbacks or other unqualified areas No unit is located more than 1 ,000 feet from a recreation area Recreation area parking is not required Examples of recreation facilities include, but are not limited to, the following: Active Swimming pool area Children's playground equipment Spa Courts (tennis, racquetball, volleyball, basketball) Recreation rooms or buildings Horseshoe pits Pitch and putt Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of 50 feet) Any other facility deemed by the planning director to satisfy the intent of providing active recreational facilities. CT 04-10(A)/CP 04-05(A)/SDF 04-07(A)/CDP 04-23(A) - POINSETT1A PLACE December 16, 2009 Page 13 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS CONTINUED APPLICABLE TO ALL PLANNED DEVELOPMENTS REF NO C.9, Cont'd. C.10 C.ll C.I 2 C.13 SUBJECT Community Recreational Space (1)' Cont'd. Lighting DEVELOPMENT STANDARD ^OMMENT^ Benches ~ . BarbecuesPassive „ ,Community gardens Grassy play areas with a slope of less than 5%. Lighting adequate for pedestrian and vehicular safety shall be provided. Adequate lighting is shown on the landscape plans and will be reviewed by the Planning Director prior to the issuance of a grading permit Reserved Recreational Vehicle (RV) Storage (1) Storage Space Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the RMH or RH land use designations. 20 square feet per unit, not to include area required for driveways and approaches. Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan. RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.). The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. 480 cubic feet of separate storage space per unit. If all storage for each unit is located in one area, the space may be reduced "to 392 cubic feet. Required storage space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. The project has fewer than 100 units and is not subject to the provision of Recreational Vehicle storage The project has fewer than 100 units and is not subject to the provision of Recreational Vehicle storage The project has fewer than 100 units and is not subject to the provision of Recreational Vehicle storage Each unit is provided with a garage which satisfies the required storage space per unit Each unit is provided with a garage which satisfies the required storage space per unit CT 04-10(A)/CP 04-05(A)/SDi' 04-07(A)/CDP 04-23(A) - POINSETTlA PLACE December 16, 2009 Page 14 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS CONTINUED APPLICABLE TO ALL PLANNED DEVELOPMENTS REF NO C.13, Cont'd SUBJECT DEVELOPMENT STANDARD Required storage space may be designed as an enlargement of a covered parking structure provided it does not extend into the area of the required parking stall, and does not impede the ability to utilize the parking stall (for vehicle parking). Storage Space, A garage (12'x20' one-car, 20'x20' two-car, or larger) Cont'd. satisfies the required storage space per unit. This requirement is in addition to closets and other indoor storage areas. COMPLIANCE COMMENT Each unit is provided with a garage which satisfies the required storage spac.e per unit Each unit is provided with a garage which satisfies the required storage space per unit Each unit is provided with a garage which satisfies the required storage space per unit PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF NO E.I E.2 SUBJECT Livable Neighborhood Policy Architectural Requirements DEVELOPMENT STANDARD Must comply with city council Policy 66, Principles for the Development of Livable Neighborhoods. One-family and two- family dwellings Multiple- family dwellings Must comply with city council Policy 44, Neighborhood Architectural Design Guidelines There shall be at least three separate building planes on all building elevations. The minimum offset in planes shall be 1 8 inches and shall include, but not be limited to, building walls, windows, and roofs. All building elevations shall incorporate a minimum of four complimentary design elements, including but not limited to: •- A variety of roof planes; • Windows and doors recessed a minimum of 2 inches; • Decorative window or door frames; • Exposed roof rafter tails; • Dormers; • Columns; • Arched elements; COMPLIANCE COMMENT SEE SEPARATE COMPLIANCE CHART The project is not a single family or two-family development Each of the building elevations has three or more building planes The project includes: • A variety of roof planes • Decorative door frames • Decorative window frames • Exposed Rafter Tails • Arched Elements • Exterior wood elements CT 04-10(A)/CP 04-05(A)/SD^ 04-07(A)/CDP 04-23(A) - POINSETTlA PLACE December 16, 2009 Page 15 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS CONTINUED REF NO E.2, Cont'd E.3 E.4 E.5 SUBJECT Architectural Requirements Maximum Coverage Maximum Building Height Minimum Building Setbacks DEVELOPMENT STANDARD Multiple- family dwellings • Varied window shapes; • Exterior wood elements; • Accent materials such as brick, stone, shingles, wood, or siding; • Knee braces; and • Towers. 60% of total project net developable acreage. Same as required by the underlying zone, and not to exceed three stories (1)(7) Projects within the RH general plan designation (0(7) From a private or public street(2)(3) From a drive- aisle(4) 40 feet, if roof pitch is 3:12 or greater 35 feet, if roof pitch is less than 3:12 Building height shall not exceed three stories Residential structure Direct entry garage Residential structure (except as specified below) Residential structure - directly above a garage J Garage 10 feet 20 feet 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) 0 feet when projecting over the front of a garage. 3 feet Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. 0 feet (residential structure and garage) COMPLIANCE COMMENT 30% is proposed Maximum proposed is 32.25 feet Maximum proposed is 32.25 feet The project is designed with drive-aisles The project is designed with a minimum of 1 0 feet between the structure and sidewalk adjacent to the drive-aisle The project does have living area above the garages which are at the same setback as the garage below it Garages are setback 3 feet from the minimum drive- aisle width or more The project is for more than 25 units CT 04-10(A)/CP 04-05(A)/SDF 04-07(A)/CDP 04-23(A) - POINSETTlA PLACE December 16, 2009 Page 16 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS CONTINUED COMPLIANCE COMMENT The project is for more than 25 units REF NO SUBJECT DEVELOPMENT STANDARD E.5 Cont'd Minimum Building Setbacks From a drive- aisle(4) Projects of 25 units or less within theRMH andRH general plan designations Balconies/ decks (unenclosed and uncovered) From the perimeter property lines of the project site (not adjacent to a public/private street) Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. Ofeet May cantilever over a drive-aisle, provided the balcony/deck complies with all other applicable requirements, such as: • Setbacks from property lines • Building separation • Fire and Engineering Department requirements The project includes both decks and patios. Decks over the garage have a maximum one foot cantilever The building setback from an interior side or rear perimeter property line shall be the same as required by the underlying zone for an interior side or rear yard setback. A minimum ten foot setback is required. The project is designed with 10 - 70 foot setbacks from the rear/side property line E.6 Minimum Building Separation 10 feet The project is designed with 15-50 feet of building separation. The majority of the project is designed with a 23 foot separation E.7 Resident Parking (6) All dwelling types If a project is located within the RH general plan designation, resident parking shall be provided as specified below, and may also be provided as follows: • 25% of the units in the project may include a tandem two-car garage (minimum 12 feet x 40 feet). • Calculations for this provision resulting in a fractional unit may be rounded up to the next whole number. No tandem parking is proposed CT 04-10(A)/CP 04-05(A)/SDF 04-07(A)/CDP 04-23(A) - POINSETTlA PLACE December 16,2009 Page 17 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS CONTINUED REF NO SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT One- family and two- family dwellings E.7, Cont'd Resident Parking (6) Multiple- family dwellings 2 spaces per unit, provided as either: • a two-car garage (minimum 20 feet x 20 feet), or • 2 separate one-car garages (minimum 12 feet x 20 feet each) • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space The project is not a one- family or two-family development Studio and one- bedroom units Units with two or more bedrooms 1.5 spaces per unit, 1 of which must be covered ^ When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. The project does not include any studio or one- bedroom units 2 spaces per unit, provided as either: • a one-car garage (12 feet x 20 feet) and 1 covered or uncovered space; or (5) a two-car garage (minimum 20 feet x 20 feet), or 2 separate one-car garages (minimum 12 feet x 20 feet each) In the R-W Zone and the Beach Area Overlay Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space All of the units have a two car garage (5) Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: • Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of 'supporting columns; and • A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. All of the units have a two car garage CT 04-10(A)/CP 04-05(A)/SDh 04-07(A)/CDP 04-23(A) - POINSETTlA PLACE December 16, 2009 Page 18 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS CONTINUED REF NO SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT E.7 Cont'd Resident Parking(6) Multiple- family dwellings Required resident parking spaces shall be located no more than 150 feet as measured in a logical walking path from the entrance of the units it could be considered to serve. All parking is within 150 feet of the individual units Required private recreational space shall be designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve. One- family, two- family, and multiple- family dwellings Required private recreational space has been designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve Required private recreational space shall be located adjacent to the unit it is intended to serve. The required private recreational space is located adjacent to the unit it is intended to serve Required private recreational space shall not be located within any required front yard setback area, and may not include any driveways, parking areas, storage areas, or common walkways. E.8 Private Recreational Space The required private recreational space is not located within any required front yard setback area, and does not include any driveways, parking areas, storage areas, or common walkways Minimum total area per unit Projects not within the RMH or RH general plan designations Projects within the RMH or RH general plan designations 400 square feet 200 square feet The project is not a one- family or two-family development One- family and two- family dwellings May consist of more than one recreational space. The project is not a one- family or two-family development May be provided at ground level and/or as a deck/balcony on a second/third floor or roof. The project is not a one- family or two-family development If provided at ground level Minimum dimension Not within the RMHorRH general plan designations 15 feet The project is not a one- family or two-family development CT 04-10(A)/CP 04-05(A)/SDr 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16,2009 Page 19 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS CONTINUED REF NO E.8, Cont'd SUBJECT Private Recreational Space DEVELOPMENT STANDARD One-family and two- family dwellings If provided at ground level If provided above ground level as a deck/ balcony or roof deck Within the RMH or Minimum RH general plan f 1U f dimension designations leet Shall not have a slope gradient greater than 5%. Attached solid patio covers and decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). The length of the projection shall not be limited, except as required by any setback or lot coverage standards. Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks). Minimum dimension Minimum area 6 feet 60 square feet COMPLIANCE COMMENT The project is not a one- family or two-family development The project is not a one- family or two-family development The project is not a one- family or two-family development The project is not a one- family or two-family development CT 04-10(A)/CP 04-05(A)/SD^ 04-07(A)/CDP 04-23(A) - POINSETTlA PLACE December 16,2009 Page 20 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS CONTINUED REF NO E.8, Cont'd SUBJECT Private Recreational Space DEVELOPMENT STANDARD Ono\JllQ- family and two- family dwellings Multiple- family dwellings Minimum total area per unit (patio, porch, or balcony) Minimum dimension of patio, porch or balcony 60 square feet 6 feet Projects of 1 1 or more units that are within the RH general plan designation may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this Chapter), in lieu of providing the per unit private recreational space specified above. COMPLIANCE COMMENT Each unit is designed with a patio or deck that meets the minimum dimensions of 10 feet by 6 feet- Each unit is designed with a patio or deck that meets the minimum dimensions of 10 feet by 6 feet C. Mello II Segment of the Local Coastal Program, and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of C.M.C.) All of the applicable coastal zone development standards and policies were reviewed with the original approval of Poinsettia Place. The revised project is limited to the same development envelope as the approved project, has been reduced in intensity through the proposal of fewer dwelling units, and will therefore not have any impacts to coastal resources beyond what was assessed with the approval of the CDP 04-23. 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 Southern Maritime Chaparral 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. 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 f CT 04-10(A)/CP 04-05(A)/SDP 04-07(A)/CDP 04-23(A) - POINSETT1A PLACE December 16, 2009 Page. 21 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 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 cannot 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. A total of 2.8 acres of dual criteria slopes have been mapped on the property. The project 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. 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. CT 04-10(A)/CP 04-05(A)/SDf 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16, 2009 Page 22 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 project is designed with auto courts. All units have entrances that front either Cassia Road or the courtyard between the buildings. All units have either a front porch and/or deck. 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 project is an auto court design and therefore no garages face the public street. 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 drive- aisle. The units are then accessed via auto courts off of the private drive-aisles. The private drive-aisle is adequate to serve the 82 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. CT 04-10(A)/CP 04-05(A)/SDr 04-07(A)/CDP 04-23(A) - POINSETIiA PLACE December 16,2009 Page 23 TABLE 4: CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS CONTINUED Principle Compliance Comments 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 drive-aisle. The main drive-aisle 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 drive-aisles and the improvements to Cassia Road and Poinsettia Lane include sidewalk. 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 flat turf areas, gathering areas, benches, children's play equipment, and grill areas. E. 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. Chapter 21.85 also provides that by the approval of the City Council, an in- lieu purchase of inclusionary housing credits may be executed. The project has been reviewed by the Housing Policy Team and the Housing Commission and a recommendation to allow the purchase of credits versus the onsite provision of housing has been made. As proposed all of the 82 onsite units will be market rate. Those units are calculated to be 85% of the total number of project units, including those credits that will be purchased for an offsite development. Therefore 14 inclusionary housing credits will be purchased, which is equal to 15% of 96 units (82 onsite+14 housing credits). CT 04-10(A)/CP 04-05(A)/SDF 04-07(A)/CDP 04-23(A) - POINSETTiA PLACE December 16, 2009 Page 24 F. 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 the division of the property into 5 lots and for 82 residential condominiums on 20.4 acres. The subdivision creates 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 are 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(A). G. 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. TABLES: GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 285.09 sq.ft. 152.05 sq.ft. 82EDU .57 acres 1 8.5 CFS Basin D 656 ADT (8 per unit) Station No. 2 3.06 acres Carlsbad Unified (E=10.3/M=5.18/HS=4.29) 82EDU 20,500 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The number of units anticipated for the site based on the GMCPs of the existing General Plan designations is 84 dwelling units. The density of the project, based on the Land Use designation of RMH within the range of 8-15 du/ac, is 11.5 du/ac on Lot 1, and 17.4 du/ac on Lot 2, which is within the RH range of 15-23 du/ac. CT 04-10(A)/CP 04-05(A)/SD^ 04-07(A)/CDP 04-23(A) - POINSETTlA PLACE December 16, 2009 Page 25 Since the allowed density for the property is 84 units and only 82 are proposed, two dwelling units will be added to the excess dwelling unit bank. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff conducted an environmental impact assessment to determine if the Poinsettia Place project could have any potentially significant impact on the environment. The environmental impact assessment of the original project identified potentially significant impacts to biological resources and noise and mitigation measures were incorporated into the design of the project or were placed as conditions of approval for the project such that all potentially significant impacts were mitigated to below a level of significance. The proposed revisions to the Poinsettia Place project are such that they do not alter the findings made with the original project and a determination has been made that the project is within the scope of the previously adopted Mitigated Negative Declaration. ATTACHMENTS: 1. Planning Commission Resolution No. 6650 (CT) 2. Planning Commission Resolution No. 6651 (CP) 3. Planning Commission Resolution No. 6652 (SDP) 4. Planning Commission Resolution No. 6653 (CDP) 5. Planning Commission Resolution No. 6187 (MND) 6. Location Map 7. Background Data Sheet 8. Local Facilities Impact Assessment Form 9. Disclosure Statement 10. Reduced Exhibits 11. Full Size Exhibits "A" - "P" and "Al" - "A31" dated December 16, 2009 BACKGROUND DATA SHEET CASE NO:CT 04-10(AVCP 04-05(AVSDP 04-07fAVCDP 04-23(A) CASE NAME: POINSETTIA PLACE APPLICANT: Sierra Linda Development Company REQUEST AND LOCATION: Request for a determination that the project is within the scope of a previously adopted Mitigated Negative Declaration and a recommendation for approval of amendments to a previously approved Tentative Tract Map CT 04-10. Condominium Permit CP 04-05, Site Development Permit SDP 04-07. and Coastal Development Permit CDP 04-23 to subdivide 20.4 acres into 82 airspace condominium units on property Renerally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II segment of the Local Coastal Program and in 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: 215-020-23-00 Condominiums Acres: 20.4 Proposed No. of Lots/Units: 5 Lots/82 Airspace GENERAL PLAN AND ZONING Existing Land Use Designation: Residential Medium High Density (RMHVResidential High Density (RHVOpen Space (OS) Proposed Land Use Designation: N/A Density Allowed: 11.5 (Lot 1VI9 (Lot 2) Density Proposed: 11.7 (Lot 1VI 6.7 (Lot 2) Existing Zone: RD-M/OS Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Site North South East West RD-M/OS RD-M LC RD-M-Q PC RMH/RH/OS RM RLM RM RMH Current Land Use Vacant Condominiums Vacant Apartments Apartments/SFR LOCAL COASTAL PROGRAM Coastal Zone: [X] Yes [""] No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: | | Yes [X] No Coastal Development Permit: [X] Yes Local Coastal Program Amendment: | 1 Yes [X] No Revised 01/06 Existing LCP Land Use Designation: RMH/RH/OS Proposed LCP Land Use Designation: N/A Existing LCP Zone: RD-M/OS Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 82 ENVIRONMENTAL IMPACT ASSESSMENT [ | Categorical Exemption, [ | Negative Declaration, issued [ I Certified Environmental Impact Report, dated Other, Within the scope of a previously adopted Mitigated Negative Declaration Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Poinsettia Place - CT 04-10CAVCP 04-05CAYSDP 04-07(AYCDP 04- 23(A) LOCAL FACILITY MANAGEMENT ZONE: 21 GENERAL ZONING: RD-M/OS PLAN: RMH/RH/OS DEVELOPER'S NAME: Sierra Linda Development Company ADDRESS: 219 Meadow Vista Way Encinitas CA 92024 PHONE NO.: (760) 809-7473 ASSESSOR'S PARCEL NO QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT : 21 5-020-23-00 , DU): 20.4 ac./82 du A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Library: Wastewater Treatment Capacity Park: Drainage: Circulation: Fire: Open Space: Schools: Sewer: Water: Demand in Square Footage = Demand in Square Footage = (Calculate with J. Sewer) Demand in Acreage = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. = Acreage Provided = Elementary School Middle School High School Demands in EDU Identify Sub Basin = Demand in GPD = 285.09 152.05 82 .57 18.5 D 656 2 3.06 10.3 5.18 4.29 82 B 20,500 L. The project is 2 units below the Growth Management Dwelling unit allowance. ^ DISCLOSURE Developm_ent_Service$ STATEMENT Planning Department • ' '- '}':• D 4 / A \ 1635 Faraday AvenueTAR! ^RAD (750)502-4510V_,/"\r\L_ JLJ/NLv' www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page rcjay be attached if necessary.) Person T2w£> A <J/&<z'*J7o — Corp/Part Title Arf4sr?li4i>' S£-Q Title Address 2-/<? /^^uc/acJ i/ss/o. *// Address 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 publicly-owned corporation, include the names, titles, and addresses^of the corporate officerg. (A separate page may be attached if necessary.)\ jz&eet/ /^/«t»-x- f Person <£) Jw& /}, <J^s*Jro - Corp/Part. Title ATV^^r- - C-/-'£-<Co. Title Address^/*? --M£txjyeuJv^sT^-*d/ Address Page 1 of 2 Revised 04/09 3. 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 trustee or beneficiary of the. Non Profit/Trust Title Non Profit/Trust Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant ignature of owner/applicant's agent if applicable/date ^3 Print or type name of owner/applicant's agent P- 1 (A)Page 2 of 2 Revised 04/09 -4- TOWNHOME BUILDING TYPE 1 - SECOND FLOOR PLAN SCALE: 1/8"=1'-0"FLOOR AREA (PER HALF BUILDING) = 4390 S.F.NEWMANGARRISONGlLMOURl 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. TOWNHOME BUILDING TYPE 1 - THIRD FLOOR PLAN SCALE: 1/8" = l'-0" FLOOR AREA (PER HALF BUILDING) = 3214 S.F.NEWMANGARRISONGlLMOURl TOWNHOME BUILDING TYPE 1 - ROOF PLAN SCALE: 1/8" = l'-0" I 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. NEWMANGARRISON.GILMOUR| ARCHITECTURE + PLANNIHQ Material Key: © Covered Front Porches ® AVinetyofRoorPtaes © Windows and Doors Recessed !" Minimum ® Paned Window and Doors © Exposed Roof Rafter Tails ® Window and Door Lintels © Accent and Varied Shape Windows (B> Exterior Wood Elements (T) Raised Stucco Trim Around Windows and Doors © Knee Braces INTERIOR AUTO COURT ELEVATION/ SECTION PLANE 8 PLANE 9PLANE 10-PLANE EAST/WEST ELEVATION TOWNHOME BUILDING TYPE 1 - ELEVATIONS SCALE: 1/8" = 1'-0"NEWMANGARRISONGlLMOURl 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. Material Key: Covered Fronl Porches A Variety of Roof Planes Windows and Doom Recessed 2' Minimum Paned Window! and Doore EiposcdKooriUDerTiili Window and Door Lintels Accent and Varied Shape Windows Exterior Wood Elements ) Raised Stucco Trim Around Windows and Doors ) KneeBruo NORTH ELEVATION VIEW FROM CASSIA LANE SOUTH ELEVATION TOWNHOME BUILDING TYPE 1 - ELEVATIONS NEWMANCARRISONGlLMOUR I 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. H MI+--cT EXIT PASSAGE L-, TOWNHOME BUILDING TYPE 2 - FIRST FLOOR PLAN SCALE: 1/8" = l'-0" FLOOR AREA (PER HALF BUILDING) = 3589 S.F.NEWMANGARRISONGlLMOURl 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. TOWNHOME BUILDING TYPE 2 - SECOND FLOOR PLAN SCALE: 1/8"= I'-O"FLOOR AREA (PER HALF BUILDING) = 4390 S.F.NEWMANGARRISONGlLMOUR] ARCHITECTURE + PLANNING 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S TOWNHOME BUILDING TYPE 2 - THIRD FLOOR PLAN SCALE: 1/8" = 1'-0" FLOOR AREA (PER HALF BUILDING) = 3214 S.F.NEWMANGARRISONGlLMOURl 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. TOWNHOME BUILDING TYPE 2 - ROOF PLAN SCALE: 1/8" = l'-0" NEWMANGARRISONGlLMOURl I 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. PLANE 7 PLANE 8 PLANE 9 Material Key: (£> Covered Front Porches ® A Variety of Roof Planes © Windows and Doors Recessed 2" Minimum (g> Paned Windows and Doors (|) Exposed Roof Rafter Tails 0 Window and Door Lintels © Accent and Varied Shape Windows ® Exterior Wood Elements (T) Raised Stucco Trim Around Windows and Doors (J) Knee Braces INTERIOR AUTO COURT ELEVATION/ SECTION PLANE B PLANE 9 PLANL 10 PLANE 11 EAST/WEST ELEVATION TOWNHOME BUILDING TYPE 2 - ELEVATIONS SCALE: 1/8" = l'-0"NEWMANGARRISONGILMOUR 2009 NEWMAN GARRISON OILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. Material Key: Covered Front Porcta AVimlyofRoofPlines Windows and Doom Recessed 2" Minimum Pined Windows aid Doors Exposed RoofKallerT«ili Window «id Door Linlels Ateem and Varied Shape Windows EUerioi Wood Elements Raised Stucco Trim Around Windows and Doors Knee Braces NORTH ELEVATION VIEW FROM CASSIA LANE SOUTH ELEVATION TOWNHOME BUILDING TYPE 2 - ELEVATIONS NEWMANGARRISONGlLMOUR 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. TOWNHOME BUILDING TYPE 3 - FIRST FLOOR PLAN SCALE: 1/8" = l'-0" FLOOR AREA (PER HALF BUILDING) = 3589 S.F.NEWMANGARRISONGlLMOURl 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. TOWNHOME BUILDING TYPE 3 - SECOND FLOOR PLAN SCALE: 1/8" = I'-O"FLOOR AREA (PER HALF BUILDING) = 4390 S.F.NEWMANGARRISONGlLMOURl 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. TOWNHOME BUILDING TYPE 3 - THIRD FLOOR PLAN SCALE: 1/8" = l'-0" FLOOR AREA (PER HALF BUILDING) = 3214 S.F.NEWMANGARRISONGlLMOURl 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. TOWNHOME BUILDING TYPE 3 - ROOF PLAN SCALE: 1/8" = I'-O" NEWMANGARRISONGlLMOURl ARCHITECTURE + PLANNING 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. Material Key: ® Covered Front Porches ® A Variety ol Roof Planes © Windows anj Doors tossed 2' Minimum (B> Pined WindomandDoori <D &cpn»ed Roof Wer Tails (£) Window and Door Lintels © Accent md Varied Shape Window! ® Exterior Wood Elements !J) Kaiied Stucco Trim Around Windowi and Doon ® Knee Braces INTERIOR AUTO COURT ELEVATION/ SECTION PLANE 8 PLANE 9 Pl-ANliPLANE EASTAVEST ELEVATION TOWNHOME BUILDING TYPE 3 - ELEVATIONS SCALE: 1/8" = 1'-0"NEWMANGARRISONGlLMOURl ARCHITECTURE + PLANNING i 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. Material Key: ® Covered From Porckt ® AVanayofRwfPWes © Windows and Door! RtcostdJ'Minimum © Puned Windows and Doors (1) Eipostd Rail Blller Tails ® Window and Door Linleli (3) ActMiiKi Varied Shape Windom © EncnorWoodElemtnG (7) KaisedSlucco Trim Around Windows and Doors <D KreeBracti NORTH ELEVATION VIEW FROM CASSIA LANE SOUTH ELEVATION TOWNHOME BUILDING TYPE 3 - ELEVATIONS NEWMANGARRISONGlLMOUR I 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. 111'-0' TOWNHOME BUILDING TYPE 4 - FIRST FLOOR PLAN SCALE: 1/8"= l'-0" FLOOR AREA = 2775 S.F. 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. NEWMANGARRISONGlLMOURl TOWNHOME BUILDING TYPE 4 - SECOND FLOOR PLAN SCALE: 1/8" = l'-0" FLOOR AREA = 4277 S.F.NEWMANGARRISONGlLMOURl ARCHITECTURE + PLANNING 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED TOWNHOME BUILDING TYPE 4 - ROOF PLAN SCALE: l/8" = r-0" 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. NEWMANGARRISONGlLMOURl Material Key: ® Covered Front Porches <|) AVuielvofRoofPlanes © Windows and Doors Recessed 2" Minimum © Paned Windows rad Doors ® Window and Door Linleli ©I tent ind Varied Sbape Window (B) Exterior Wood Elements © Raised Slutco Trim Atmind Window! «nd Doors © KneeBncts LEFT ELEVATION FRONT ELEVATION TQWNHOME BUILDING TYPE 4 - ELEVATIONS SCALE: 1/8" = I'-O"NEWMANGARRISONGlLMOURl i 2009 NEWMAN GARRISON GILUOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. Material Key: © Covered Front Porches ® AVirielyofioofPtaes © Window! and Doors Reeessed 2' Minimum (B) Pined Window! and Doors © Exposed Roof Rite Toll ® Window and Door Lintels © Aetent md Varied SliipeWindom ® Enerior Wood Element! (T) Raised Stucco Trim Around Window! and Doors CD KneeBnces RIGHT ELEVATION REAR ELEVATION TOWNHOME BUILDING TYPE 4 - ELEVATIONS SCALE: 1/8" = 1'-0"NEWMANGARRISONGlLMOURl © 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. PLAN 3 Second Floor 895 S.F. PLAN 3 First Floor 3 BDRM., 2.5 BATH 100 S.F. PATIO 1501 S.F. (Total) TOWNHOME UNIT PLAN 3 NEWMANGARRISONGILMOUR 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. PLAN 1 Second Floor 829 S.F. PLAN 1 First Floor 3 BDRM., 2.5 BATH 100 S.F. PATIO 1350 S.F. (Total) TOWNHOME UNIT PLAN 1 SCALE: 1/4" = I'-O" 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. NEWMANGARRISONGlLMOURl ARCHITECTURE + PLANNING ll'-O" 2-CAR OARAGE 20'-4"x22'-0" i-Slunge * •STORAGE-480 CU. FT. CRAWL SPACE PLAN 2 Third Floor PLAN 2 Second Floor PLAN 2 First Floor 704 S.F. 43 S.F. BALCONY 704 S.F. 136 S.F. PATIO TOWNHOME UNIT PLAN 2 SCALE: 1/4" = I'-O" 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S 3 BDRM., 2.5 BATH 522 S.F. GARAGE & UTILITY 1471 S.F. (Total) NEWMANGARRISONGlLMOURl PLAN 4 Second Floor 1,053 S.F. 63'-10" TOWNHOME UNIT PLAN 4 SCALE: 1/4" = 1'-0" PLAN 4 First floor 4 BDRM., 3 BATH 110 S.F. PATIO 915 S.F. 1,968 S.F. (Total) • STORAGE - 480 cu. FT. NEWMANGARRISONGlLMOURl i 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. 0s IBTERS/ FIRE RISER TOWNHOME BUILDING TYPE 1 - FIRST FLOOR PLAN SCALE: 1/8" = 1'-0"FLOOR AREA (PER HALF BUILDING) = 3589 S.F.NEWMANGARRISONGlLMOURl 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. _£> INDEX 1 Townhome Building Type 1 • 2 Townhome Building Type 1 3 Townhome Building Type 1 4 Townhome Building Type 1 5 Townhome Building Type 1 • 6 Townhome Building Type 1 • 7 Townhome Building Type 2 • 8 Townhome Building Type 2 • 9 Townhome Building Type 2 • 10 Townhome Building Type 2 • 11 Townhome Building Type 2 • 12 Townhome Building Type 2 • 13 Townhome Building Type 3 14 Townhome Building Type 3 15 Townhome Building Type 3 • 16 Townhome Building Type 3 17 Townhome Building Type 3 • 18 Townhome Building Type 3 • 19 Townhome Building Type 4 • 20 Townhome Building Type 4 • 21 Townhome Building Type 4 • 22 Townhome Building Type 4 • 23 Townhome Building Type 4 • 24 Townhome unit plan 1 25 Townhome unit plan 2 26 Townhome unit plan 3 27 Townhome unit plan 4 First Floor Plan Second Floor Plan Third Floor Plan Roof Plan Elevations Elevations First Floor Plan Second Floor Plan Third Floor Plan Roof Plan Elevations Elevations First Floor Plan Second Floor Plan Third Floor Plan Roof Plan Elevations Elevations First Floor Plan Second Floor Plan Roof Plan Elevations Elevations NEWMANGARRISONGlLMOURl I 2009 NEWMAN GARRISON GILMOUR ALL RIGHTS RESERVED. THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S. AND INTERNATIONAL COPYRIGHT AND INTELLECTUAL PROPERTY LAWS AND CANNOT BE USED IN ANY MANNER WITHOUT EXPRESS WRITTEN CONSENT. CP 05-04 (A) /SDP 04-07 (A) /CT 04-10 (A) /CDP 04-23 (A) /HDP 04-05 (A) /HMP 06-08 (A) AMENDED TENTATIVE MAP/SITE DEVELOPMENT PLAN POINSETTIA PLACE CITY OF CARLSBAD, CALIFORNIA VICINITY MAP Nor ro SCALE ARCHITECTURE PLAN TYPE SUMMARY- BUILDING 9 FLATS BLDG 9 PLAN TYPE 1-0 2 3 4 PLANS 2 2a 2 * OF BDRMS 2 2 t 3 19 FLOOR SQ. FT. SEE ARCH LIVING SQ. FT. GARAGE SQ. FT. TOTAL PLAN SO. FT. TECTURE^OR DETAIL SQ. FOOTAGES ARCHITECTURE PLAN TYPE SUMMARY - TOWNHOUSES TO WMHOUS EEHJt I PLAN 7 3 PLANS in 16 I OF 3 3 IK FLOOR 2nd FLOOH SQ. FT. GARAGE A UTILITY SQ.FT, PLAN SQ. FT. SEE ARCmECTURE FOR DETAIL SO FOOIAGES PARKING SUMMARY PROJECT SUMMARY KEY MAP IOIAL SITE AREA IUHDING COVE RACE WClUOeS *LL IUTERMM. PA«IOhC AND OftM-WAYS (JCTW REQUIRED ''"I QT TOUL 05 . 12 }00 S T ) CALCUAWm S«»VNt STAND H.OHE PHOJECT,™r.u,'f "* "" "*" """"* """""""" 8L°*1 ""• • >i«.ifl« MGHSnEPW CLAT *REAS 20.* IQHOHftC 1 FRONT 01 lot. OK HltOH.1 wo LEGEND SLBOIVISION THE PROPOSED OPEN SPACE PRESERVE AREA (LOT 2)« APPROXIMATELY 11.55 ACRES SWMP NOTES PRIOR W ISSUANCE OF GRADING PffiUlT Off BUILDING PERUIT. VMICHEVC* OCCURS fWST, DEVELOPER SHAU st/auir ros on- APPROVAL A STOOU WATER UANACEUENT PLAN. THE SUMP PI« SMU DEMONSTRATE COMPLIANCE MTH CITY OT CARLSBAD STANDARD URBAN SrCMMMMlER Ul OCA TON Pt.tN fSUSM^i ORD£« 20OI-OIISSUED BY THE SAN QKGO REGIONAL WATER QUALITY CONTROL BOARD. DEVELOPER SHALL ALSO INCORPORATE LOW lUfACT DCVElOPUEWr (110) DZSICN TECHNIQUES t/S/WC CURRENT COUNTY OF SAH OtfGO LOW IMPACT DEVFLOPUF.NT HANDBOOK TO THf HAX1UUU EXTENT POSSIBLE. TECHNIQUES 10 INCLUDE SUCH FEATURES AS vfCEIATfO SWAIE/STRIP. RAIN CAFtOfNS, POROUS PAVf.UC.NT AND OISCONWCTED HOOF DRAINS. BLOC. / LOT M. EASEIfNT L Iff TITLE ffPORJ ITEM NO. SLOK (2: I UAX.) gar awe FINISHO FLOOR ELEVATION PAD CLEVATIOH EXISTING SEtEX('8~ PVC) PROPOSED SEKJt('B' PVC) EXISTING *ATEH('a" PVC) PROPOSED *ATER('S' PVC) pRoroseo SEHEK LAKRAL ffXPOSTD POTAOLC WATCH IfJER PROPOSCO IRRIGATION UCfCR fWOTOSEO FIRE WATER LATEHAL LOTS EXISITINS STORM OHAINf.lB" RCPJ '•" '" " PROPOSED STOMI ORAIN(, 10' HOP) - = =(PRIVATE) BROf 011CH ' EXISTING FlOf HYDRANT PROPOSED FIRE HYtOANT EXISTING STREET L ICHJ " RETAINItK WALL '~ TOP OF WALL ELEVATION FINISHED SURFACE ELEVATION I VIE* FENCE ..--<• l MASOMY PfiKXCCr IALL CHAIN UH< FENCE • LH.ESS SKJ*M OTtfRHISE CONDOMINIUM NOTE THIS SUBDIVISION IS A CONOOHtNILIU PROJECT AS OEflNEO IN SECTION IJ5Ior me civn CODE of THE SIATI OF CAWOKNIA ANO FKEO PURSUANTTO THE SUBDIVISION UAP ACT. HIE TOTAL HUU81X OF CONQOHINILIUWHS FOR THIS PROJfCT IS 6i. PUBLIC UTILITIES AND DISTRICTS CAS AtC ELECTR .SOCK ATEft DISJ.HATCH CARLSOAD ULHICIfALSEHCR CITY OF CAMSBAO.STOHU ORAIN CITY OT CAHl.SRADFlOE Cttr OF CAOLSBAOPOLICE CITY OF CARLSBAO SCHOOLS .CARLSBAD LNIFIED SCHOOL DIST. LEGAL DESCRIPTION tig NORTH HALF Of HIE SOUTHW3T QUARTER OF If SOUTHVCSOUAKTIR OF SECIKN iJ. lOHttSWP 12 SOUTH. RANGE 4 HCSf, SAH KRHAROIHO UfSnAN. IN THf CITY OF CAMSSAIt, COUNTYOF SAN OX.GO, StATE OF CALfOKNIA. ACCCHIXNG TO THE CfftOALPLAT THEKOT. RECORD OWNER GENERAL NOTES (, TOTAL CROSS SHE AREA: 30. 2. TOTAL NO. LOTS: i 2 ACOES (SEE CONSTK Y RESIDENTIALJ OPEN SPACETOTAL to. OF WHS: 81 OO.TI FAU1LY (68 TOfHOfS; U FIATS)ASSESSOR'S PARCEL M*flCff. 2I5-OJO-2J EXISTING GENERAL PLAN DESICNAIIOK R*H (0-li DV/A.C). RH f"3-?J DV/AC) t OSFKO*0$tD Q.H.HAL PLAN OLSIGNATION SAIf EXISTING fONINQ OO--U (RCStXNTIAL DENSITY - UJLfinE) * OXW STACE (OS)PROPOSED lOHIHTi- SAlfPROPOSED DENSITY; 4.0 0(J/AC (02 DU'S/70.* CROSS AC.)5. I OH/AC (82 OU'S/IS.i NLT OEV. AC.) 10. LrvP «W: Z0>£ 21If. AVFRACf DAILY TRAFFIC: 656 {62 LUITS X 8 TRIPS PEH WIT)12. TOIAL BUILOING COVIRAGL: 2.0 ACIJ. IOIAL FLRCLNI LANDSCAPING: AIT»OX. P5.0* OT CROSS S/TE ANTA APTROX. 42.0X OF OEVLLOTLO AffA TO COffORU TO CltrCITY CNGItfCR. 'TILIIIES AID DISTRICTS. GENERAL DESIGN NOTES J. AIL STHEET DESIGNS, STfflT LIGHTS, AfB FIRE HYDRAOT CARLSBAD DESICN STAMHfiOS AND AS RfOIIREO BY Jt. 'EASEIfNTS AS REQUIRED SY 1IC CITY EHGINCEft. PU8LI: J, ALL PROPOSED UTILITIES TO OL LNJtHCSOMJ.t. CONTOUR INIERVALS: 3/10 FEETt. TOPOGRAPHY PREPARED 9K ROBLRt J. LLHC t ASSOC. fft 1/99 <JN X7S3)s FiNisiro aiAncs ARE ATPRQXIUATE CH.Y Ate SUIXCT TO CHANCE IN FINALDESIGN CONSISTENT KITH Tl£ CITY'S SUBSTANTIAL axfOHHANCX POLICY. y. SOILS ItfOHHATION *AS OBIAItCD FRCtl SOILS REPORTS BY: GEOTEK. INC.OAJEO: APRIL 13. K*O4». SOUND INFOHHATION WAS OBTAItfO FROM NOISE REPORT BY: INVESTIGATIVESCIENCE AfO ENGINEERING, INC.OAIEO: APRIL fa. 3004 9. LAWSCAPING AX) TREE PLANTING AS REQUIRED BY TIC CARLSBAD LANDSCAPE HAVJAL, tO. CUI AtO FILL SLOPES NOT TO EXCECD 2. t. APPROVAL IS OBTAINED FHGU Tt£ C/fV ENCIULR AND FLAWING DIRECTOR. .Ttf. TOTAL CNSITC GRATXO AREA INCI.UIINC PREVIOUSLY GRAIVAte ExaioiNG ALL WOIHC NCCESSAHY FOR UA.OR CIRCULATIPOINSflTIA LAtf IS APPROXIUA TELY 5.SS AC OH 7.350 C.Y./A(SLE SUUUAHY UELOW f'OR OOIAKDOtN); OHS1JEIKltaifC FULL "DTHVINSETTIA^LArf QUDtNG CUT: 7,660 C.Y.FILL: 72, 140 C. Y.lUPURT: 64.4BQ C.Y.ACRES: 7.J5 AC.CY/AC 9.800 CY/AC M CKAOIMG) 4,460 C.Y.25.620 C.Y.21. ISO C.Y. IllT.)1.50 AC.I7.0BO CY/AC AREA FOR CASSIA N aciCNT K»OHA\ 3.200 C.Y.46.520 C.Y.4J.J20 C.Y. (5.as AC. 7.950 CY/AC* * Ttf. CLGIC YAKS PER ACRE IS 7.950 CY/AC AS ItfitCATFO AND Tlf RELATIVE StNSITIVITY Of HILLSIOC CMAQ1NG IS CCNSIOtHED VCCtPJAOLt"BASED ON SECTION 21.95. 120.D.J OF Tlf. OWICIPAL CODE.nanfjwooE. nc EXCLUSION OF THE GRADING QUANTITIES FOR POINSF.TTIALANE IS ALLOWED BASED OH SECTION 21.35. IX Of TtC HUNICIPAL CODE. . SEE LANDSCAPE PLAN FOR PERiifTEK HALL * FENCE LOCATIONS. . AN ICO FOR OPEN SPACE PURPOSES IN PERPETUITY WILL. BE UAOE TO THc CITY. OR OTHER AGENCY AS DESIGNATED SY Of CIIY, FOR A PORTION OF OPEN SPACE LOT 2.A PORTION OFTIf LOT *ILL 8£ COVERED BY A fTfD RESTRICTION FOR PERUAffNT OPCNSPACF. USES CN. Y. Itf PRO.JCCT HOA WILL PROVIDE INTERIM OUffHSIIP t MAINTENANCE UNTIL SUCH TUT AS Tlf IX.OtCATION IS ACCEPTm. . PROPOSED ItOIVIOUAL THASH PICKUP FOR BOTH THE TOfftMJSES AND FLATS.. AVERAGE SEWER GENERATION IS APPRQX .02 UGO (FOR « EOU'S)AVIHAGE POTASH fAIER OLUAfV IS AFPKOX. J4.4GPU. IJ7.5 CPU PEAKFIOE FLOW ntUANO IS 2SOO GFV DRAINAGE BASIN: BATIOUITOS LAGOON. CARt.STSAD HYDRO OT.IC UNIT, SAN HWtCOSHYOOtJLOCIC AREA, BATiailTOS LAKOON HYDROLOCIC SLQAREA (BASIN / 904.Si). ALL BUILDINGS ARE PROPOSED TO BE SPHltMLED. OF r»« SITE. FIRE HYDRANTS ARC LOCATED WITHIN HC GATEo'POINSETTIA HILL SUBDIVISION TO THE NORTH. 2 FIRE HYDRANTS ARE PROPOSED OHSITE.i. ALL BUIiaiNC WALLS TIIAT FACE TIC NATIVE HABITAT/OPEN SPACE PRTSKRVC SHALL co"\r WITH r»c SPCCML BUILOINC CONSTRUCTION ffcctixnows or TIC CALirowiAUHBAN-WILOLAfO INTERFACE FIRE COX FOR Off-HOUR FIRE-RESISTANT CONSTRUCTION. OWNER CAHLS8AQ POINSETl 219 UEAOO* VISTA ENCINITAS, CA 920 (760) 009-7*73 SUDDIVIDER SIERKA LINM DEVELOPMENT COMPANY 219 MEADOK VISTA HAYENCINITAS, CA 92024 PREPARED BY: ! HUNSAKER ! St ASSOCIATES or fiKHtxo ni AMENDED TENTATIVE MAP/ SITE DEVELOPMENT PLAN POINSETTIA PLACE CITY OF CARLSBAD, CALIFORNIA SHEET 1 CP 05-04 (A) /SDP 04-07 (A) /CT 04-10 (A) /CDP 04-23 (A) /HDP 04-05 (A) /HMP 06-08 (A) '*cass * nsLicwiLincASLiifHT x PUSKWG OHC SOC) TYP. DRAINAGE & WET UTILITIES Life © El S T 1 LMBSOMDPASS-najI9'(JW.) | ^J 6 I X ED M3roRCM«7 1J .1 M/UOLt ,TT >I 1 euro 1 TYP. SECTION -A- BETWEEN BUILDINGS TYP/C/tL PARKING SPACES TYP. WET UTILITIES BLDO. #9 TYP. SECTION V BETWEEN BUILDINGS HOI 10 SCALC PRIVATE PEDESTRIAN RAMP wn-ow^. SLOPE EDGE BUILDING SETBACK INDEX r "11+ "-z-z^k.0 "B Q CD ca a TOWNHOUSE — 13.0' ACTUAL- TOP OF SLOPE SETBACK SECTION "B' - TYPICAL SCALE: 1' - 10' fO'lCH Ptff &>Mcouurr SHVOABOSG NO. o-n inn a) WALL/BPOWUTCH DETAIL SECTION 'A-A* SfL SHt£T 1 HIS PRIVATE DftfVE PVT. DRIVE 'C'-EAST PORTION(€ASf Or BUK 6B)~ PUBIJG LOCAL smeer EXISTING CASSIA ROAD MAJOfi ARTERIAL EXISTING POINSETTIA LANE MAJOR ARTERIAL POINSETTIA LANE-PROPOSED OfSXM SttCO: 50 iMPW *« SLOPE £DG5 BUILDING SETBACK PREPARED BY: HUNSAKER tkASSCX:iATES AMENDED TENTATIVE MAP/ SITE DEVELOPMENT PLAN POINSETTIA PLACE CITY OF CARLSBAD, CALIFORNIA CP 05-04 (A) /SOP 04-07 (A) /CT 04-10 (A) /CDP 04-23 (A) /HDP 04-05 (A) /HMP 06-08 (A) LOT 0.1 AC EXISTING CASSIA LANE -LOT 2 1.2 AC LOT V 5.3 AC PHOPDSCD lor UWES LOTS 11.55 AC LOTTING DETAIL SCALE": I' - 60' —"r-^/nr T^—^—Jii]——^ 1—^i—'J gg^X^l, ftf ^~7lT TRUCK TURNING MOVEMENT - 42' TURNING RADIUS SCAtE: r' * 60' PREPARED BY: & ASSOCIATES AMENDED TENTATIVE MAP/ SITE DEVELOPMENT PLAN POINSETTIA PLACE CITY OF CARLSBAD, CALIFORNIA CP 05-04 (A) /SOP 04-07 (A) /CT 04-10 (A) /CDP 04-23 (A) /HDP 04-05 (A) /HMP 06-08 (A) rrr: Vff.P,0!NS£rriA rllLF«*t?:nn:; i :?3=H35OTTsrr>~r~ T5 — wSff^wc^sfMwr ^it - 'ft K HS4MXMC0 -..- ... 215-020-06 sw LOTS 11.55 AQ AMENDED TENTATIVE MAP/ SITE DEVELOPMENT PLAN POINSETTIA PLACE CITY OF CARLSBAD, CALIFORNIA i\Coln«<tla Pine* Anenued IM Shtl.a-alW CP 05-04 (A) /SDP 04-07 (A) /CT 04-10 (A) /CDP 04-23 (A) /HDP 04-05 (A) /HMP 06-08 (A) larwiosf-G-mm\p®iJ!l$EjriA\ j-JilJMA «4^£-;^'-~~":^^£,,»-"'"* ..,. \-"~/~ "fO Bt'l&AHDOHCO •—" •••—. _^_ J5 ' «*•!,.£AC.'r *%3rs*zE3g& * :;.j^-w^4*^™^M^- -P7^c---;;::-^^2"^77 ~=^™ x- - I OT 1/ ' " APN.^&'02>Q:9.B co .A"r ""'' ^••N1/2---SW-':I/4l SW. 1/4~SEU~23 -~1.. -\ '\,'w> O^'/A vy .'' . .-'' —x —--.. "--.. " %«B" {Xmi"- /-a- /*"" i«. \( -V-..."-r' /:!„ Yi/A^! ^ \/////....-""-'// /••:<!! ! --/'i \-^ ,\ •• > Wp—.j..Cv. , A / !/'-"..,,'i' \-' /''-'-. ~'.",'-""'*V :,•( '~\V''' / -x x'' /'•S"'/'"""' ,•&' i i ' i: /"I '• ' \ x "^ ry3L rT^^*c/^$^^\^^ ,, / "'7 ,-/A\ !Lx V'::* ->':x PREPARED BY: HUNSAKER ! &. ASSOCIATES AMENDED TENTATIVE MAP/ SITE DEVELOPMENT PLAN POINSETTIA PLACE CITY OF CARLSBAD, CALIFORNIA OF 6 CP 05-04 (A) /SDP 04-07 (A) /CT 04-10 (A) /CDP 04-23 (A) /HDP 04-05 (A) /HMP 06-08 (A) CITY OF CARLSBAD .TRAC1ii.93r.03 :PI?lNSeTTIA,HILL\MAP NO. CASSIA ROAD APN 2IS 02(1 OB «//;? SW 1/4 SW 1/4 SEC 23 ssc zg T12S s APN 215 020 07 PRELIMINARY TITLE REPORT EASEMENT NOTES TITLE no. A A A A A CASflfNT flfffflS 10 AH ftSCUCHT roff WftWf PUOPOSCS IN FtVOfi OT CAHtSBAO UUHKIPAi »AIUi OISIMCT.atcoHoeo UAY it, i9ss AS nit NO. aae*a or orriau. at corns. HffCas TO W £4StUCNT roK JHf PlWPOSf JO CONSmJCT. tH£C1,aecoNSiRUCT. WPMCf. KPHH. UAINIMH two usi A PIPCIINCOH fiPfUHCS AND APPUKIAHCfS m FAVOR or CAOIS8AD HUNKIPAi WAJIK OiSlflCf (tt'CMDCO UMCH 25. 136* AS flit NO, 3«2JO AND S«JI.earn of orricud. RECORDS. HffFUS JO AH rASFHTNr fOR ACCfSS, WWOHARY CONSJmJCnON, SiOPC ANO HttHKHANCf, AMD GftMMNC CKAHIfOTO wcsrcaH none HQusuc-poiHsiJttA i.p., nn.sraccoLA fniatY must. IIHHY 4 UAHGAKT aimn, infmninrr mist. ANO muAit A UMJOHK SOHEM SfOWOfD: AUGUST 1. 1997 AS f\C HO. 1337-0370226 OF OtnclAi OECOHOS. fifffffS TO AM (ASF.HF.Hf FOR ACCtSS, Tf.UPOHU>1 CONSTRUCTION. OHAINAd. IHUHOAnOH, SLOPf ANO UAINTF.HAHCf AND WAVINGCHAHTOJ TO ffSTfHH fAOFK HOUSING -PONSCTTiA l.t>^ TIKsrateoLA FAUH.T rmsr. Tina* * UARGAHCI KIICR. rue miner TRUST, AND miLIAU t VARJOtHC BOMM. aicopoay. AUGUST t. 1997 AS me HO. I39f-oj7o229 orornciAL wcwos. H£F[HS TO AN fAS£H£M FOR RQAO ANO INCIoeNTAi UUHKtfAL COffOfMTIOH. KfCOatXO OCIOSEH 21. 1997 AS fTlE NO. 1997^0527956 Of OfTKIM. KiCOROS. DISPOSITION TO rose QUUdAIUtO TO atVACATCO TO BC VACAItO TO RfUAIH RECORD OWNERS LEGAL DESCRIPTION HORTH HM.F of me soutHwesr ou-wiw or THE SQUTWKST QUAHTCR of SCCtlOH 23. TOWHSttfP 12 SOUTH. RANGE * WtST, S*V BCffHAffOfNO BASC ANO UfRHMAN, IN THE CITY Of CM15B40. COUHFT Of SAN OttGQ. STAIf Of CMIfOftNU, ACCOHOtNG TQ THf OfflClAi PLAT THCtft'OT. TOPOGRAPHIC MAP/ENCUMBERANCE MAP/EXISTING EASEMENTS PREPARED BY: HUNSAKER & ASSOCIATES AMENDED TENTATIVE MAP/ SITE DEVELOPMENT PLAN POINSETTIA PLACE CITY OF CARLSBAD, CALIFORNIA SHEET 6 OF 6 ITEM #3 MEMO TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CT 04-10(A)/CP 04-05(AVSDP 04-07(AVCDP 04-23(A) - POINSETTIA PLACE - Request for a determination that the project is within the scope of a previously adopted Mitigated Negative Declaration for GPA 04-12/LCPA 04-11/ZC 04-08/CT 04-10/CP 04-05/SDP 04- 07/CDP 04-23 and that the Mitigated Negative Declaration adequately described the project for the purposes of CEQA and a recommendation of approval of amendments to a previously approved Tentative Tract Map CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescission of Site Development Permit SDP 04- 07 to subdivide 20.4 acres into 82 airspace condominium units 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 in Local Facilities Management Zone 21. I.RECOMMENDATION The correct exhibit numeration for the Planning Commission Resolutions No. 6650, 6651, 6652, and 6653 is "A"-"P" and "Al"- "A31". 1 PLANNING COMMISSION RESOLUTION NO. 6187 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 5 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 RFiSIDEN- TIAL HIGH DENSITY (RH), RESIDENTIAL MEDIUM- 8 HIGH DENSITY (RMH), AND OPEN SPACE (OS); A ZONE 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 11 (LCPA 04-11) 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 1 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 04-11/CT 04-107 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 ••> said project; and 4 WHEREAS, the Planning Commission did on the 15th day of November, 2006, 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 o . . . .•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. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "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:19 *- 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; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 28 d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 1 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: JULIE BAKER, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP Q4-Q5/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 (RLM) and Residential Medium (KM) 7. ZONING: Limited Control (L-Q : 8. OTHER PUBLIC-AGENCIES WHOSE APPROVAL IS REQUIRED: California Coastal Commission j 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 (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 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 Camino 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 XI Biological Resources /\ Cultural Resources Geology/Soils /\ Noise Hazards/Hazardous Materials LJ Population and Housing Hydrology/Water Quality Land Use and Planning Mineral Resources Public Services Recreation /\ Transportation/Circulation Mandatory Findings of Significance Utilities & Service Systems Rev. 02/22/06 DETERMINATION. 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 b'een -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. Planning Director's Signature Date/ Rev. 02/22/06 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 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? (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? Potentially Significant Impact Potentially • Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 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? D (a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for paniculate matter less than or equal to 10 microns in diameter (PMi0). 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 (ARE) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems^ EPA approved the SIP in mid-1996. The proposed project relates to the SIP 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 (c) 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 project: 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 1 n Rev 09/77/Ofi 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 No Impact n 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 Manzanitas is 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. j j CITY OF CARLSBAD HABITAT MANAGEMENT PLAN A summary of consistency with the City of Carlsbad Habitat Management Plan is attached. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 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: Potentially Significant Impact Potentially Significant Unless . Mitigation Incorporated Less Than Significant No Impact Impact 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? 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 No Impact Impact (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. Expansive soils have not been identified onsite. The project will connect to existing City sewer systems. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Rev. 02/22/06 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. 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 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 imp_ede 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 Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 1 7 Rev 07727./06 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 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). 00 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 project: a) Result in the loss of availability of a known mineral resource that would be of future value 'to the region and the residents of the State? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 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? (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. XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundboume 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 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 been 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. Less Than Significant No Impact Impact 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. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? 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 Rev. 02/22/06 (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 07/77/06 (a) Less Than Significant Impact. A traffic 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. Rev. 02/22/06 (0 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. Less Than Significant No Impact Impact XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 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? X \ , T> „ , . A O (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 Countywide Siting Element, 2005 5-Year Revision Final, dated September 2005. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish 'or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact Potentially Significant Unless : Mitigation . Incorporated Less Than Significant No Impact Impact b)Does the project have impacts that are individually limited, but cumulatively, considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) 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? 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) i No Impact. The project is intended for and for the benefit of human beings. vv 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. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. 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 07 Rev. 02/22/06 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 NuttaU'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. 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. 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 Page 1 of 3 PROJECT NAME: Poinsettia Place FILE NUMBERS: GPA 04-12/ZC 04-08/LCPA 04-08/CT 04- 10/CP 04-05/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23 APPROVAL DATE: TBD The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure 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. 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. 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. 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. 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. , Monitoring , Type Project Project Project Project Project Monitoring Department Planning Planning Planning Planning Planning Shown on Plans Verified j Implementation 1 Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.o Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 2 of 3 Mitigation Measure 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. 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. 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. 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: 1. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. 2. 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. Monitoring Type ' , Project Ongoing Project Ongoing Monitoring ' Department Planning Planning Planning : Planning Shown on Plans Verified i Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be ——~ initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing rpitigation measure, or for other RD-Appendix P. Page 3 of 3 Mitigation Measure 3. 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. 4. 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). 5. 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. 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. 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. '. Monitoring , 'Type Ongoing Project Project Monitoring • Department Planning Planning Building • Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be pi initialed and dated. o Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other Fib - Appendix P. POINSETTIA PLACE HABITAT MANAGEMENT PLAN CONSISTENCY FINDINGS Revised February 2006 PROJECT CONSISTENCY WITH ZONE 21 CONSERVATION GOALS: GOAL CONSISTENT JUSTIFIFICATION/COMMENTS Yes Conserve the majority of remaining natural habitats and ensure a net loss of no more than 10% of coastal sage scrub and southern maritime chaparral. The project alone, not including the extension of Poinsettia Lane, impacts none of the southern willow scrub (SWS), 4% (0.46 acre) of the southern maritime chaparral (SMC) and disturbed SMC, none of the disturbed SMC/coastal sage scrub (CSS), and none of the non- native grassland (NNG). The project alone impacts less than 10% of the specified habitats and conserves the majority of the natural habitats on site. Impacts to SMC and disturbed SMC will be mitigated at a 3:1 ratio, including at least a 1:1 creation component to ensure no net loss. The extension of Poinsettia Lane impacts 100% of the southern willow scrub (SWS), 7% of the SMC, none of'the disturbed SMC, 10% of the disturbed SMC/coastal sage scrub, and none of the NNG. With the exception of impacts to SWS, the additional impacts from the extension of Poinsettia Lane still conserve the majority of natural habitats on site. Impacts to SWS, SMC, and disturbed SMC/CSS will be mitigated at a minimum 3:1 ratio including at least a 1:1 creation component to ensure no net loss. Impacts that can not be mitigated onsite will be mitigated by purchase of offsite mitigation credits. [General Note- For details, see project Biological Technical Report, by Helix Environmental Planning, Oct. 2004, incorporated by reference.] Ensure no net loss of wetland habitats, vernal pools, and oak woodlands within the zone. Yes The extension of Poinsettia Lane impacts 0.2 acre of SWS, which is CDFG jurisdictional riparian wetland habitat. This impact will be mitigated at a 3:1 ratio through purchase of credits in an off- site mitigation bank within the Coastal Zone. No vernal pools or oak woodland occurs on site. Conserve habitats in a continuous configuration across the zone to allow for continued east-west connectivity and animal movement between El Cam/no Real (Zone 10) and Linkage Area F (Zones 19 and 20). Yes The site is within Core Area 6, Zone 21, and maintains continuity to Zone 10 and Linkage Area F by limiting development to the previously graded northern portion of the site adjacent to existing development on Cassia Road and by preserving the majority of the extant habitat on site and maintaining habitat connectivity to the south and east. The project does not significantly impact regional preserve design. Conserve Narrow Endemic plant populations.Yes The site contains 58 Del Mar Manzanita plants. The project impacts 7 (12% of total) of these plants and the remaining 88% are preserved. The project will be redesigned to avoid the 7 individuals or they will be transplanted to the onsite Open Space preserve. PROJECT CONSISTENCY WITH ZONE 21 PLANNING STANDARDS: STANDARD Additional field surveys at the appropriate time of year are needed in this zone to determine the extent and location of sensitive species. Major areas of development should be restricted to agricultural areas and disturbed habitat. Avoid removing maritime succulent scrub, southern maritime chaparral, and any Narrow Endemic plant populations identified during planning. Minimize removal of coastal sage scrub and southern maritime chaparral; avoid impacts within the watersheds of vernal pools and to oak riparian forest. Ensure continuous habitat connectivity and wildlife movement east-west across the zone with an average habitat width of 500 to 1,000 feet and a minimum constriction of 500 feet (where narrower constrictions don't already exist). However, in no case shall this standard deny a property owner some reasonable use of their property. If impacts to natural habitats cannot be avoided, they must be limited to disturbed, low quality portions of the site. Areas of highly disturbed, low quality southern maritime chaparral and coastal sage scrub may be mitigated by a combination of on-site enhancement and off-site mitigation in locations of higher quality habitat. Mitigation for any allowed impacts shall be as stated in Table 11 on Page D-113. CONSISTENT Yes Yes Yes Yes Yes Yes Yes Yes JUSTIFICATION/COMMENTS The project's biology consultant performed field surveys to identify sensitive species on-site in both September and April when all sensitive species that might occur on site would have been detectable. Over 90% of the proposed development is on the previously disturbed northern portion of the site. This area was previously used for agriculture and as a dirt stockpile for off-site grading projects. The site does not contain maritime succulent scrub. Impacts to SMC have been minimized but not completely avoided. The HMP standard directly below and HMP Section 7-14 (below) allow impacts to SMC provided they are minimized. The project alone impacts 4% (0.46 acre) of the SMC and disturbed SMC. These impacts are minimal since the project preserves the majority of these habitats (96%). Seven Del Mar Manzanita plants (a Narrow Endemic) will be impacted and the remaining 51 will be preserved. As a result, the population will be adequately conserved, consistent with the Z \ 21 Conservation Goal above. The extension, of Poinsettia Lane impacts 7% (0.75 acre) of the SMC and 10% (0.03 acre) of the disturbed SMC/CSS. See project Biological Report Table 2. Impacts to SMC have been minimized. See comments directly above. The project alone does not impact disturbed SMC/CSS. The extension of Poinsettia Lane impacts 10% of the disturbed SMC/CSS. The site does not contain vernal pools or oak riparian forest. Habitat linkages to adjacent Core Area 10 and Linkage Area F are maintained by the project design to the maximum extent allowed by the distribution of habitat on site. The project does not have a significant impact on the regional preserve design because the development area is limited to the northern, previously disturbed portion of the site. The development area is focused on the northern, previously disturbed portion of the site. Impacts to natural habitats are primarily avoided by the project design. The impacts to natural habitats are minimized and limited to brush management impacts along the southern fringe of the developn Ni area adjacent . to- the disturbed habitat. Project impacts to natural habitats are minimized to u,d maximum extent practicable. Areas of disturbed habitat, disturbed SMC, disturbed SMC/CSS and NNG in the southern portion of the site that will be preserved in open space will be restored to SMC to ensure no net loss of SMC. See project Biological Report Figure 4. The mitigation ratios applied to the project are taken from Table 1 1 , pg. D-113 of the HMP. See project Biological Report Table 3. PROJECT CONSISTENCY WITH SECTION 7- ADDITIONAL CONSERVATION STANDARDS TO BE APPLIED TO PROPERTIES IN THE COASTAL ZONE: STANDARD 7-1 Environmentally Sensitive Habitat Areas shall be protected against any significant disruption of habitat values. 7-2 Preservation of at least 67% of onsite Coastal Sage Scrub (CSS) 7-3 Oak Woodland 7-4 Streams 7-5 Ephemeral Drainages and Streams 7-6 Wetlands shall be delineated and no impacts shall be allowed except as allowed in CPRC Section 30233. 7-7 Wetland mitigation is required at a ratio of 3:1 and 4:1 for saltwater and freshwater wetland or marsh impacts. 7-8 No Net Loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone. 7-9 Upland Habitat Mitigation Requirements include "No Net Loss", no mitigation credit for onsite preservation, 1:1 ratio for Southern Mixed Chaparral, 2:1 ratio for Coastal Sage Scrub, 3;1 ratio for Southern Maritime Chaparral and Maritime Succulent Scrub and Native Grassland and Oak Woodland, 7-10 Highly Constrained Properties 7-11 Buffers shall be provided from wetlands of a minimum 100 feet from wetlands, 50 feet from riparian areas, and 20 feet from all other habitat areas. 7-12 Grading and Landscaping Requirements CONSISTENT Yes Yes Not Applicable Not Applicable Not Applicable Yes Yes Yes Yes Not Applicable Yes Yes JUSTIFICATION/COMMENTS Mitigation measures, as provided in the HMP, have been applied to the project to ensure no significant impacts to habitat values and no net loss of environmentally sensitive habitats. The extension of Poinsettia Lane impacts 10% and conserves 90% of all of the CSS onsite which is disturbed SMC/CSS. This section is a description of habitat type This section is a description of habitat type This section is a description of habitat type The extension of Poinsettia Lane impacts 0.2 acre of Southern Willow Scrub (SWS), which is CDho riparian wetland jurisdictional habitat. No net loss of wetlands will be achieved with purchase of wetland mitigation credit at a 3:1 ratio from the North County Habitat Bank on Palomar Airport Rd in Carlsbad. The extension of Poinsettia Lane impacts 0.2 acre of Southern Willow Scrub (SWS), which is CDFG riparian wetland jurisdictional habitat. No net loss of wetlands will be achieved with purchase of wetland mitigation credit at a 3:1 ratio from the North County Habitat Bank on Palomar Airport Rd in Carlsbad. Impacts to SMC, 'disturbed SMC and disturbed SMC/coastal sage scrub will be mitigated at a minimum 3:1 ratio which includes a 1:1 creation component on site in disturbed portions of the preserve area on the south side of the site to ensure no net loss. The remaining mitigation will be achieved through the purchase of mitigation credits from an appropriate mitigation bank. Impacts to SMC, disturbed SMC and disturbed SMC/coastal sage scrub will be mitigated at a minimum 3:1 ratio which includes a 1:1 creation component on site in disturbed portions of the preserve area oq the south side of the site to ensure no net loss. The remaining mitigation will be achieved through } purchase of mitigation credits from an appropriate mitigation bank. There is a consistent 60-foot wide area between the open space preserve and the housing units. This area includes mostly circulation aisles and parking. The open space habitat preserve lot has a hard edge against the project at which there is a brow ditch, then a six foot retaining wall and wrought iron fence combination. The sum of these improvements create an environment where access to the habitat from the development is limited. These improvements also act as a barrier to minimize edge effects and encroachment into the preserve and meet the intent of the required 20-foot buffer. These requirements apply to the grading/construction phase of the project. The project will be conditioned to comply with these requirements during grading/construction. 7-13 City Owned Lands 7-14 Other Parcels- Specific Standards Not Applicable Yes See separate section directly below. PROJECT CONSISTENCY WITH SECTION 7-14 OTHER PARCELS- SPECIFIC HABITAT PROTECTION STANDARDS: STANDARDS FOR SUBJECT PROPERTY f. APN 215-020-06 (RWSB) CONSISTENT JUSTIFICATION/COMMENTS Development shall be limited to a maximum of 25% of the property, not including Poinsettia Lane construction, and shall be clustered to the maximum extent feasible along disturbed portions of the property adjacent to Cassia Road and the future Poinsettia Lane extension. Yes The proposed development area conforms to the standard as stated. Impacts to the SMC habitat shall be minimized.Yes The project design minimizes impacts to SMC. The project alone impacts 4% (0.46 acre) of the SMC and disturbed .SMC. The extension of Poinsettia Lane impacts 7% (0.75 acre) of the SMC and 10% (0.03 acre) of the disturbed SMC/coastal sage scrub. See project Biological Report Table 2. A wildlife corridor linkage oriented generally noiih- south shall be provided on the eastern portion of the property and designed to connect to neighboring properties with existing or potential wildlife corridor linkages. Yes A wildlife corridor linkage has been provided as-stated on the east side of the site that includes virtually all the habitat along the eastern portion of the site (see project Biological Report Figure 4). Impacts to native habitat shall require on-site mitigation through restoration and/or creation of habitat within the designated corridor linkage, in addition to any other required mitigation. Yes Areas of disturbed habitat, disturbed SMC, disturbed SMC/CSS and NNG in the southern portion of the site that will be preserved in open space will be restored to SMC to ensure no net loss of SMC. See project Biological Report Figure 4. Impacts to SWS will be mitigated with purchase of mitigation at a 3:1 ratio, including a 1:1 ratio of creation credits at the North County Habitat Bank on Palomar Airport Rd. in Carlsbad. _ EXHIBIT 5 « Planning Commission Minutes December 16, 2009 Page 8 3. CT 04-10(A)/CP 04-05(A)/SDP 04-07(A)/CDP 04-23(A) - POINSETTIA PLACE - Request for a determination that the project is within the scope of a previously adopted Mitigated Negative Declaration for GPA 04-12/LCPA 04-11/ZC 04-08/CT 04-10/CP 04- 05/SDP 04-07/CDP 04-23 and that the Mitigated Negative Declaration adequately described the project for the purposes of CEQA and a recommendation of approval of amendments to a previously approved Tentative Tract Map CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescission of Site Development Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condominium units 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 in Local Facilities Management Zone 21. Mr. Neu introduced Agenda Item 3 and stated Senior Planner Christer Westman would make the staff presentation. Chairperson Montgomery opened the public hearing on Agenda Item 3. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Commissioner L'Heureux asked if there will be a wall that separates the project site from the adjacent open space. Mr. Westman stated there is a chain link fence along the southerly edge of the site. Commissioner L'Heureux asked if there will be a fence at the emergency access entrance. Mr. Westman stated no. Commissioner L'Heureux stated he is concerned that the residents might use the open space for their own use. Mr. Westman stated that if the Commission desired, Staff can ensure that more fencing of the open space lot is included as part of the project conditions. Mr. Westman further stated that there is the standard condition for the Habitat Management preservation program required for this project so that additional measures can be taken once the land is dedicated to an open space manager. Commissioner L'Heureux asked what type of fence would be recommended. Mr. Westman stated a black plastic coated chain link fence would most likely be the type recommended. Commissioner Dominguez asked for clarification regarding the reduction in the number of units. Mr. Westman stated the total unit count was reduced by 8 units from the previous approval. Commissioner Dominguez referred to a letter dated December 18, 2007 which stated the applicant was trying to reduce 14 affordable units from the proposal. Mr. Westman stated the letter specifies a reduction in on-site inclusionary housing. The project's unit count has been reduced from 90 to 82 and the difference being the original project had 14 on-site inclusionary housing units. With this new proposal, those affordable units are no longer required to be on-site. There is an in-lieu fee or affordable housing credits that would be purchased that would satisfy the inclusionary housing ordinance. Chairperson Montgomery asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. David Jacinto, 219 Meadow Vista Way, gave a brief presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of the applicant. Commissioner L'Heureux asked if there are any gates in the fence near the open space. Mr. Jacinto stated there will not be any public access gates, only gates for those who maintain and monitor the habitat area. Commissioner Douglas asked where the swimming pool was in the original approval. Mr. Jacinto directed the Commission's attention to the slide on the screen and pointed out the area. Commissioner Douglas Planning Commission Minutes December 16, 2009 Page 9 asked where the barbeque area is. Mr. Jacinto again directed the Commission's attention to the slide on the screen and pointed out the area. Commissioner Schumacher asked about Lot 5. Mr. Jacinto stated it is being set aside for the Poinsettia Heights slope and it is intended to only be a landscaped area. Commissioner Schumacher asked about the small triangular piece of property across the street from the proposed project. Mr. Jacinto stated there will be a drainage facility on that piece of property, it will be accessible to residents but it is intended to be a landscaped area. Chairperson Montgomery asked about parking along Cassia Road. Mr. Jacinto stated there will not be any parking on Cassia Road. Chairperson Montgomery stated there will be ample parallel parking for the site along the southerly edge of the project. Mr. Jacinto stated that was correct and those parking spaces will not be visible from Poinsettia Lane or Cassia Road. Chairperson Montgomery asked about the issue regarding the in-lieu fee and affordable housing. Mr. Jacinto stated the construction financing was not available for the site for the affordable housing plus it is very difficult to provide onsite affordable housing in a for-sale project such as this. Chairperson Montgomery asked if there were any members of the audience who wished to speak on the item. Barbara Rothenberg, 1702 Camassia, Carlsbad, stated her concerns with traffic in the area. Deann Weimer, 6606 Fiona Place, Carlsbad, stated the Brindisi homeowners are not entirely in support of the project, and she was unaware of the night's hearing until a few days ago. Chairperson Montgomery asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked Staff to respond to the issues raised during public testimony. Mr. Westman stated property owners within the standard 600 foot radius were mailed a public hearing notice for tonight's meeting. The owner of the Marbella apartment complex would have been included in the noticing area but not the individual renters. Mr. Westman clarified that the small triangular piece to the west of the project is not part of the proposed approval. Commissioner Douglas asked if any traffic counts were done to see if any traffic lights would need to be installed in the area. Mr. Westman stated not with this proposed project, but the previous EIR had a traffic analysis; however it focused on the arterial streets such as El Camino Real. Cassia is a collector street. Mr. Westman stated that during the original project approval, there was a concern with traffic which was referred to the Traffic Safety Commission. The Traffic Safety Commission placed a restriction on parking along Cassia Road. Commissioner Douglas asked about the fatalities mentioned by Ms. Rothenberg. Mr. Westman stated that he was not sure of the circumstances surrounding the fatalities and he was not aware of the city taking any action to change the existing condition on Cassia Road. Commissioner Baker agrees with Ms. Rothenberg in that the corner of Poinsettia Lane and Cassia is extremely dangerous. Some of the traffic will be alleviated once Poinsettia Lane goes through. She asked Staff to discuss the future extension/completion of Poinsettia Lane. Mr. Westman stated that this project will be required to do improvements to Poinsettia Lane along its frontage. There is a project to the south of this project that will be responsible for the final section of Poinsettia Lane. It is fully intended that Poinsettia Lane will go through. Commissioner Baker asked what the procedure would be if the Commission wished to forward this to the Traffic Safety Commission. Mr. Neu stated Staff would prefer to coordinate with the City Traffic Engineer to see if there is a need to take the issue forward to the Traffic Safety Commission. The ultimate improvements to Poinsettia Lane will improve the current situation in that it will provide another way for traffic to reach El Camino Real and areas east of the El Camino Real. Planning Commission Minutes December 16, 2009 Page 10 Commissioner L'Heureux asked what type of traffic safety measures need to be installed until such time the final reach of Poinsettia is installed. He further asked what type of traffic measure will be installed at the intersection of Poinsettia Lane and Cassia Road once Poinsettia Lane is open. Glen Van Peski, Senior Civil Engineer, stated that during the project original approval, the traffic volumes along Cassia Road were well below capacity for a collector road. The missing link for the completion of Poinsettia Lane is developer driven. When Poinsettia Lane is constructed, the intersection will be analyzed at that time for any traffic safety measures. Commissioner Dominguez stated there will be a traffic issue with this site as it relates to the proposed driveway. Mr. Van Peski stated the intersection does meet the spacing requirements for T-intersections. The easterly exit is an exit only driveway with a gate. Commissioner Douglas asked if there is any plan to put a stop sign or anything to slow down traffic on Cassia Road. Mr. Van Peski stated the only thing he was aware of was for signage decreasing the speed on the street. Commissioner Schumacher stated that Cassia Road is a temporary shortcut until Poinsettia Lane is completed but there seems to be a current need for a temporary traffic measure at that intersection. Commissioner Baker asked for clarification regarding the motion. Chairperson Montgomery stated he thought it would be part of the motion for approval for the project. Ms. Mobaldi stated it would not be condition of approval for the project. Ms. Mobaldi added that Mr. Neu is very clear on the issues the Commission has. Commissioner L'Heureux asked how the issue gets addressed if it is decided by Traffic that some mitigation is necessary but it is not included in the conditions of approval. Mr. Neu stated it would then become a city project at that point. Commissioner L'Heureux asked if the analysis will take into account this project, if it is approved even if it has not been built. Mr. Neu stated that if it is a question of volume of traffic on the roadway, Staff could take into account the generated trips from this project. Commissioner Nygaard stated it is unfair to saddle this developer with any sort of traffic safety measures if the other developers have not been saddled with the same thing. It would have to become a city project even if it is a temporary solution. Commissioner Schumacher asked for clarification regarding any traffic study performed by Staff. Mr. Neu stated that Staff would look at the current traffic volumes on the road and would also take into consideration the generated trips from this project but that would be at the discretion of the Traffic Engineering Staff to determine the best way to perform the analysis. Chairperson Montgomery asked the applicant to address the ownership status of the parcel across the street. Ms. Mobaldi stated the applicant is paying a Traffic Impact Fee for this project which will go towards funding the City uses towards capital improvement projects. Mr. Jacinto stated a full traffic study was completed during the original project approval. This project is well within the limits for the amount of generated trips. He further explained the details regarding the corner piece of the property that is not included as part of the project. The details regarding the maintenance of that piece of property still need to be worked out. The master association does have maintenance rights for the property still; however, the ownership of the property has been handed over to the applicant. Planning Commission Minutes December 16, 2009 Page 11 MOTION ACTION: VOTE: AYES: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6650, 6651, 6652, and 6653 recommending approval of Tentative Tract Map amendment CT 04-10(A), Condominium Permit amendment CP 04-05(A), and Coastal Development Permit amendment CDP 04-23(A) and recommending rescission of Site Development Plan SDP 04-07(A) based on the findings and subject to the conditions contained therein including the memorandum regarding the exhibit numbers. 7-0 Chairperson Montgomery, Commissioner Baker, Commissioner Dominguez, Commissioner Douglas, Commissioner L'Heureux, Commissioner Nygaard, and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: February 06th, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at ESCONDIDO, California This Q8th day of Februar NOTICE IS HEREBY GIV- EN to you, because your interest may be affected, that the City Coun-cil of the City of Carlsbad will hold a public hearing at the Council Cham- bers, 1200 Carlsbad Village Drive,Carlsbad, California, at 6:00 p.m. on Tuesday, February 16, 2010, to con- sider a determination that the projectis within the scope of a previously adopted Mitigated Negative Declara-tion for GPA 04-12/LCPA 04-11/ZC 04-08/CT 04-10/CP 04-05/SDP 04- 07/CDP 04-23 and that the MitigatedNegative Declaration adequately de- scribed the project for the purposes of CEQA and to approve amend-ments to a previously approved Ten- tative Tract Map CT 04-10, Condo-minium Permit CP 04-05, and Coast- al Development Permit CDP 04-23and the rescission of Site Develop- ment Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condo-minium units on property generally located southeast of the intersection of Cassia Road and Poinsettia Lanein the Mello II segment of the Local Coastal Program and in Local Facili-ties Management Zone 21 and more particularly described as: the north half of the southwest quar- ter of the southwest quarter of Sec- tion 23, Township 12 south, Range 4west, San Bernardino Meridian, in the City of Carlsbad, County of SanDiego, State of California, according ; to the official plat thereof Jane Ailsfiouse NORTH COUNTY TIMES Legal Advertising Whereas, on December 16,2009 the City of Carlsbad Planning Commis-sion voted 7-0 to determine that the project is within the scope of a previ- ously adopted Mitigated NegativeDeclaration for GPA 04-12/LCPA 04- 11/ZC 04-08/CT 04-10/CP 04- 05/SDP 04-07/CDP 04-23 and thatthe Mitigated Negative Declaration adequately described the project forthe purposes of CEQA and to recom- mend approval of amendments to a previously approved Tentative TractMap CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescissionof Site Development Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condominium units on prop-erty generally located southeast ofthe intersection of Cassia Road and Poinsettia Lane in the Mello II seg- ment of the Local Coastal Programand in Local Facilities Management Zone 21. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies ofthe agenda bill will be available onand after February 12, 2010. If you have any questions, please contactChrister Westman in the Planning Department at (760) 602-4614 or christer.westman@carlsbadca.gov. The time within which you may judi- cially challenge this Tentative TractMap-Amendment, Condominium Permit Amendment, Coastal Devel-opment Permit Amendment and/orSite Development Plan, if approved, is established by state law and/or city ordinance, and is very short. If youchallenge the Tentative Tract MapAmendment, Condominium Permit Amendment, Coastal DevelopmentPermit Amendment and/or Site De- velopment Plan in court, you may belimited to raising only those issues you or someone else raised at thepublic hearing described in this no- tice or in written correspondence de-livered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008,at or prior to the public hearing. CASEFILE:CT 04-10(A)/CP 04-05(A)/CDP 04-23(A)/SDP 04-07 CASE NAMEPOINSETTIA PLACE PUBLISH: February 6, 2010CITY OF CARLSBAD CITY COUNCILNCT 2247466 Easy Peel Lab els Use Avery® TE MPLATE 5160® i A j^Feed Paper See Instruction Sheet« for Easy Peel Feature^ CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 IAVERY®5160« ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. 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92130 GEORGE F SHOWAH 1711 CAMASSIA LN CARLSBAD CA 92011 STANLEY PEDERSEN 10735RIVENDELLAVE LAS VEGAS NV 89135 GORO FUJIWARA 724 W HOWELL AVE RIDGECREST CA 93555 SRINIVAS SARMA 6475 KINGBIRD LN CARLSBAD CA 92011 KRISTINE A ROLAND 1546 AVENIDA LA POSTA ENCINITAS CA 92024 ERIC ROSS 6467 KINGBIRD LN CARLSBAD CA 92011 LEKVEN PO BOX 9615 RANCHO SANTA FE CA 92067 MICHAEL & SUSAN DEBBAS 6459 KINGBIRD LN CARLSBAD CA 92011 SHARON L RODAK 6455 KINGBIRD LN CARLSBAD CA 92011 DOUGLAS HAIRABEDIAN 6451 KINGBIRD LN CARLSBAD CA 92011 NICK MATSUKEVICH 6447 KINGBIRD LN CARLSBAD CA 92011 ZEMON 1015MUIRWAY BELMONT CA 94002 OCONNOR 1706 CAMASSIA LN CARLSBAD CA 92011 FRANCIS KATTUS 1710 CAMASSIA LN CARLSBAD CA 92011 PAUL E SMITH 20065 N TEALSTONE DR SURPRISE AZ 85374 DANIEL SWIGER 1726 CAMASSIA LN CARLSBAD CA 92011 GARY H REYNOLDS 1730 CAMASSIA LN CARLSBAD CA 92011 JO C MURPHY 1734 CAMASSIA LN CARLSBAD CA 92011 DONALD I DEITCH 1738 CAMASSIA LN CARLSBAD CA 92011 DUK & CLARA HAN 6458 FICUS PL CARLSBAD CA 92011 MAXIM KHRUSTINSKIY 6462 FICUS PL CARLSBAD CA 92011 NAIDA L MALCHIODI 6466 FICUS PL CARLSBAD CA 92011 CARMINE TARANTINO 6470 FICUS PL CARLSBAD CA 92011 TIMOTHY J IISINES 1741 CAMASSIA LN CARLSBAD CA 92011 ROLAND MINK 1737 CAMASSIA LN CARLSBAD CA 92011 STEPHEN R CANTER 1733 CAMASSIA LN CARLSBAD CA 92011 STEPHEN R STEWART 10947 VENICE BLVD LOS ANGELES CA 90034 PATSY HO UNIT 201 4751 WILSHIRE BLVD LOS ANGELES CA 90010 ROBERT K YOUNG 1761 VESPER LN CARLSBAD CA 92011 ROBERT MCCALL 1757 VESPER LN CARLSBAD CA 92011 L EDMISTON 1753 VESPER LN CARLSBAD CA 92011 JUDITH B DUNHAM 6477 CALTHA PL CARLSBAD CA 92011 JEAN C SARGIS 6473 CALTHA PL CARLSBAD CA 92011 ROBERT O & LEAH KOENIG 6469 CALTHA PL CARLSBAD CA 92011 MILO J & ELLEN HALLACK 6465 CALTHA PL CARLSBAD CA 92011 RILEY UNIT 104 7040 AVENIDA EUCINAS CARLSBAD CA 92011 MARILYN BILLINGS 1756 VESPER LN CARLSBAD CA 92011 EDWARD COTTER 1465 LAUREN CT ENCINITAS CA 92024 ANNAVEDDER 1764 VESPER LN CARLSBAD CA 92011 POINSETTIA HEIGHTS HOA UNIT 107 2385 CAMINO VIDA ROBLE CARLSBAD CA 92011 POINSETTIA HEIGHTS HOA UNIT 224 6725 MESA RIDGE RD SAN DIEGO CA 92121 POINSETTIA HEIGHTS HOA UNIT 224 6725 MESA SANDIEG€TCA92121 LEWIS M ELTING 1786CALLISIACT CARLSBAD CA 92011 POINSETTIA HEIGHTS HOA UNIT 224 6725 MESAR4BGE RD SANDJB3OCA92121 JUDITH A SEGERSON 1790CALLISIACT CARLSBAD CA 92011 CAROL J CRAVEN 7114LANTANATER CARLSBAD CA 92011 PAUL SAVIGNANO 91723RDAVE EASTMOLINEIL61244 JAMES P MENDOZA 1801 CALLISIACT CARLSBAD CA 92011 ROBERT D CULVER 1797 CALLISIACT CARLSBAD CA 92011 DARRELL HOLT 1309SHOREBIRDLN CARLSBAD CA 92011 GREEN 1789 CALLISIACT CARLSBAD CA 92011 WILLIAM A ISAACS 1785 CALLISIACT CARLSBAD CA 92011 THOMAS F HANCHETT 1781 CALLISIACT CARLSBAD CA 92011 HAYEDEH TAGHAVI 27 TEAK BRG IRVINE CA 92620 ERB 1773 CALLISIACT CARLSBAD CA 92011 KRISTIN KAIELLO 1769 CALLISIACT CARLSBAD CA 92011 ANNE M MARTIN 1766 CALLISIACT CARLSBAD CA 92011 BARBARA R SMITH 1770 CALLISIACT CARLSBAD CA 92011 SEAN SCHULZE 1774 CALLISIACT CARLSBAD CA 92011 BRADLEY A POULOS 625 LANCASHIRE PL SAN MARCOS CA 92069 MEADOW VISTA HOLDINGS 219 MEADOW VISTA WAY ENCINITAS CA 92024 DAVID E SHARAK 6355 ALEXANDRI CIR CARLSBAD CA 92011 BARBARA J LEVENTHAL 6357 ALEXANDRI CIR CARLSBAD CA 92011 FORNEY PO BOX 64 LINCOLNVILLE ME 4849 KATHRYN ADEEB 6361 ALEXANDRI CIR CARLSBAD CA 92011 KEVIN SUN 6363 ALEXANDRI CIR CARLSBAD CA 92011 PATRICIA A KAUFMAN 6365 ALEXANDRI CIR CARLSBAD CA 92011 BEDELL 6334 ALEXANDRI CIR CARLSBAD CA 92011 ROSALIE DOSTAL 6336 ALEXANDRI CIR CARLSBAD CA 92011 WILLIAM CARROLL 6338 ALEXANDRI CIR CARLSBAD CA 92011 NANCY R HALEY 6369 ALEXANDRI CIR CARLSBAD CA 92011 LESTED 6371 ALEXANDRI CIR CARLSBAD CA92011 KRAUSS UNIT 413 4729 E SUNRISE DR TUCSON AZ 85718 RICHARD LILLEY 6377 ALEXANDRI CIR CARLSBAD CA 92011 WARD 6379 ALEXANDRI CIR CARLSBAD CA 92011 MORGAN 6381 ALEXANDRI CIR CARLSBAD CA 92011 PAMELA J GIVENS 6383 ALEXANDRI CIR CARLSBAD CA 92011 SHARON J DEERING 6385 ALEXANDRI CIR CARLSBAD CA 92011 ROSS FOCKLER 6387 ALEXANDRI CIR CARLSBAD CA 92011 RANDAL B HOPWOOD PO BOX 230383 ENCINITAS CA 92023 JOHN BROWN 6392 ALEXANDRI CIR CARLSBAD CA 92011 WILLIAM S SHAYMAN 6394 ALEXANDRI CIR CARLSBAD CA 92011 SCOTT MORROW 26 CALLE MATTIS SAN CLEMENTE CA 92673 NEALRHOSS 5553 COYOTE CT CARLSBAD CA 92010 DARRELL HOLT 1309SHOREBIRDLN CARLSBAD CA 92011 ACACIA INVESTORS L L C UNIT 200 1650 HOTEL-GIF SANDIEGJ9^CA92108 MANZANITA PARTNERS UNIT 100 3990 RUFFIJ SAN DIEGO CA92123 POINSETTIA HEIGHTS HOA, UNIT 107 2385 CAMINO^/iOA ROBLE CARLSBACTCA92011 DIANA L KILLIAN 6420 GADWALL CT CARLSBAD CA 92011 CITY OF CARLSBAE CITY OF CARLSB/ POINSETTIA HEIGHTS HOA UNIT 107 2385 CAMINO V1DA-ROBLE CARLSBAB-CA92011 SARAH E STEKLOV 4735 PANORAMA DR SAN DIEGO CA 92116 MANZANITA PARTNERS L UNIT 100 3990 RUFFIN, SANDIE0dCA92123 SSR WESTERN MULTI UNIT 310 3645 RUFFU SANDIEeO"CA92123 HOWARD HERRERA 6416 GADWALL CT CARLSBAD CA 92011 STEPHEN N & HAEJA SPITZER 6428 GADWALL CT CARLSBAD CA 92011 VACLAV &VERASOURADA 6106BLUFFDALECT CLIFTON VA 20124 CHOI 7029 CRYSTALLINE DR CARLSBAD CA 92011 CARYN N ROSEN 6419 GADWALL CT CARLSBAD CA 92011 JEHU &ANNAROBISON 6415 GADWALL CT CARLSBAD CA 92011 GRANT W & BRENDA LOHR 6400 CROSSBILL CT CARLSBAD CA 92011 NAHID KASRA 6404 CROSSBILL CT CARLSBAD CA 92011 FRED C & SANDRA SANDQUIST 6408 CROSSBILL CT CARLSBAD CA 92011 DANIEL J CAIN 6412 CROSSBILL CT CARLSBAD CA 92011 JOANNE T MIRDAS 1700 BLUEBIRD LN CARLSBAD CA 92011 ROBERT C SIMMONS 1704 BLUEBIRD LN CARLSBAD CA 92011 COLLETTE R NICOLETTI 1708 BLUEBIRD LN CARLSBAD CA 92011 ERIC J & MARCIA FOURNIER 1712 BLUEBIRD LN CARLSBAD CA 92011 MELANIEA BERNARDINI 6419BLUEGRASSLN CARLSBAD CA 92011 MARK J BUA 6415 BLUEGRASS LN CARLSBAD CA 92011 TANG-ZHANG 6411 BLUEGRASS LN CARLSBAD CA 92011 KYE Z DOWNEY 6407 BLUEGRASS LN CARLSBAD CA 92011 LINDSAY N MONGE 1748VERDINCT CARLSBAD CA 92011 ARKADY & IRENE LEVITANSKY 1752VERDINCT CARLSBAD CA 92011 RICHARD J POMMER 1756VERDINCT CARLSBAD CA 92011 RAGHUPATI B IYER 1760VERDINCT CARLSBAD CA 92011 SATYEN A PANDHARE 1764VERDINCT CARLSBAD CA 92011 KAREN NAMY 1768VERDINCT CARLSBAD CA 92011 JOHN MCCARTHY 1772VERDIN CT CARLSBAD CA 92011 CARNEY 1776VERDINCT CARLSBAD CA 92011 MICHAEL & MICHELLE ENGEN 1761 VERDIN CT CARLSBAD CA 92011 KRISTIN & JOANNE WILMES 6447 RUBY WAY CARLSBAD CA 92011 CRAIG S DUCK 1753 VERDIN CT CARLSBAD CA 92011 KIMBERLY A GOODMAN 1749 VERDIN CT CARLSBAD CA 92011 POINSETTIA HEIGHTS HOA UNIT 107 2385 CAMINC^VtDA ROBLE CARLSBACTCA 92011 KEITH A & MARI NICHOLS 1735 BLUEBIRD LN CARLSBAD CA92011 POINSETTIA HEIGHTS HOA UNIT 224 SAN CA92121 GREENIG 1743 BLUEBIRD LN CARLSBAD CA 92011 LEACH MAN 1731 BLUEBIRD LN CARLSBAD CA 92011 POINSETTIA HEIGHTS HOA UNIT 224 6725 MESAR4BGE RD SANDIEGOCA92121 SHARI L ALLISON 1739 BLUEBIRD LN CARLSBAD CA 92011 MICHAEL YAMAMOTO 1727 BLUEBIRD LN CARLSBAD CA 92011 MERCEDES L SETON 1723 BLUEBIRD LN CARLSBAD CA 92011 COGBILL 1719 BLUEBIRD LN CARLSBAD CA 92011 LOUIS S & MICHELLE MAYBAUM 1715 BLUEBIRD LN CARLSBAD CA 92011 BHARAT & MEERA KAMDAR 2722 ASCOT AVE CARLSBAD CA 92009 YAMAGATA 1720 BLUEBIRD LN CARLSBAD CA 92011 JANET G PRICE 1724 BLUEBIRD LN CARLSBAD CA 92011 CLIFFORD & BECKY KAHN 1728 BLUEBIRD LN CARLSBAD CA 92011 NICHOLAS & AMANDA VALENZUELA 1732 BLUEBIRD LN CARLSBAD CA 92011 DEVREKER 2940 HAWKRIDGE DR LACRESCENTACA91214 JAMES V WALSH 1740BLUEBIRDLN CARLSBAD CA 92011 PEDRO ARELLANO 1744 BLUEBIRD LN CARLS BAD CA 92011 SREENIVAS R KATAREY 6406 KINGLET WAY CARLSBAD CA 92011 CHERYL MAST 6410 KINGLET WAY CARLSBAD CA92011 ALLISON A PICO 6414 KINGLET WAY CARLSBAD CA 92011 MEHTA 6418 KINGLET WAY CARLSBAD CA 92011 ON OLEG TANCHUK UNIT 282 3511 CAMINITO SAN DIEGe-CA92130 GORO FUJIWARA 724 W RIDGECRE&T CA 93555 ERIC ROSS 6467 KINGBIRt CARLSBAB^A92011 SHARON L RODAK 6455 KINGBIRD^ CARLSBAQ-CA 92011 ZEMON 1015 MUIR BELM 94002 PAUL E SMITH 20065 N TEALSTOJ SURPRISE AZ-85374 WILLIAM T KALLOP PO BOX 4780 JACKSON WY 83001 GEORGE F SHOWAH 1711 CAMASSIA CARLSBAD SRINIVAS SARMA 6475 KINGBIRD LN. CARLSBAD, LEKVEN PO BOX 9615 RANCHO.PA FE CA 92067 DOUGLAS & NANCY HAIRABEDIAN 6451 KINGBIf CARLSBAETCA 92011 OCONNOR 1706CAMASSIA CARLSBAD^GAlf2011 MARK A LULU 7405 PELICAN ST CARLSBAD CA 92011 HOLLISTER 1701 CARISSAWAY CARLSBAD CA 92011 STANLEY K & DIANA PEDERSEN 10735RIVENDELL. LAS VEGASJW89135 KRISTINE A ROLAND 1546AVENIDA ENCINITAS-GA'92024 MICHAEL & SUSAN DEBBAS 6459 KINGBIRD LN CARLSBAD CA 92011 NICK & KAREN MATS! 6447 KINGBIF CARLSBAtfCA 92011 FRANCIS D & SHARON KA] 1710CAMASSIA CARLSBADCA-92011 MONROE PO BOX 676026 RANCHO SANTA FE CA 92067 WILLIAM E & JANICE LOWRIE 6443 KIWI PL CARLSBAD CA 92011 TAYLOR 6439 KIWI PL CARLSBAD CA 92011 SHARON A FREED 6435 KIWI PL CARLSBAD CA 92011 TAMBURINI-IBARRA 6431 KIWI PL CARLSBAD CA 92011 RYAN R & JULIE BLANCHARD 1700 CARISSAWAY CARLSBAD CA 92011 DOROTHY J WHITE 4688 SUN VALLEY RD DEL MAR CA 92014 RONALD A GREAUX 1708 CARISSAWAY CARLSBAD CA 92011 SILVER REAL ESTATE PARTNERS 1712CARISSAWAY CARLSBAD CA 92011 GARY H REYNOLDS 1730 CAMASSJA-tN CARLSBACTCA 92011 POINSETTIA HEIGHTS HOA UNIT 107 2385 CAMINOVtBA ROBLE CARLSBAB-CA 92011 JOG MURPHY 1734CAMASSJ CARLSBAtrCA 92011 DANIEL R & FRANCES SWIGER 1726CAMASSIALN CARLSBAD CA 92011 DONALD I DEITCH 1738CAMAS2 CARLSBAtfCA 92011 DDK & CLARA HAN— 6458 FICU3-PL CARLSBAD CA 92011 MAXIM KHRUSTINSKIY. 6462 FICUS PL CARLSBAB-CA^O11 NAIDA L MALCHIODI 6466 FICUS PL CARMINE C & CONSTANCE TARANTINO 6470 FICUS PL, CARLSBAB-CA 92011 TIMOTHY J INNES 1741 CAMASSIA, CARLSJ3AD~5A92011 ROLAND MINK 1737 CAMASi CARLSBAD^A 92011 STEPHEN R CANTER 1733 CAM ASS \f CARLSBAJ>CA'92011 STEPHEN R STEWART 10947VENteE"ELVD LOS-ANGELES CA 90034 SAMONS 1750 NOLI NACT CARLSBAD CA 92011 HARNEK S & GENEVIEVE BRAR 19502 WOODLANDS LN HUNTINGTON BEACH CA 92648 JUDY VANDIVORT 1763 NOLI NACT CARLSBAD CA 92011 HERRINGTON 1759 MOLINA CT CARLSBAD CA 92011 LORRAINE FROMSON 1755NOLINACT CARLSBAD CA 92011 GROSS 1751 NOLINACT CARLSBAD CA 92011 BARBARA L ARTMAN 6457 BLUEGRASS LN CARLSBAD CA 92011 HANSEN FAMILY 6453 BLUEGRASS LN CARLSBAD CA 92011 LINDIA RIVERS 6449 BLUEGRASS LN CARLSBAD CA 92011 DOUGLAS M & SHIRLEY GUDMUNDSON 6445 BLUEGRASS LN CARLSBAD CA 92011 PATSY HO UNIT 201 4751 WILSHI LOS A ES VD CA 90010 ROBERT K YOUNG 1761 VESPER LN CARLSJ3AB-C7C92011 ROBERT MCCALL 1757VESJ CABkSBAD CA 92011 L EDMISTON 1753 VESPER LN CARLSBAD-^T92011 JUDITH B DUNHAM, 6477 CALIHVPtr^'^ CARtSlSAD CA 92011 JEAN C SARGIS 6473 CALTHA CARLSBADt;A92011 ROBERT O & LEAH KOENIG 6469 CALTHA PL CARLSBAD CA92011 MILO J & ELLEN HALLACK 6465 CALTHA PL CARLSBAD CA 92011 RILEY UNIT 104 7040 A\/EN+BA"EUCINAS CARkSBADCA92011 MARILYN BILLINGS. 1756VE: CARLSBAT5CA92011 POINSETTIA HEIGHTS HOA UNIT 224 6725 MESA RIDJ SANDIEGO^CA92121 POINSETTIA HEIGHTS UNIT 107 2385 CAMJNeVlDA ROBLE CARLSBAD CA 92011 POINSETTIA HEIGHTS HO/ UNIT 224 ^^^^ 6725 MESARIBGE RD SANJJIEGOCA92121 POINSETTIA HEIGHTS H£ UNIT 107 2385 CAMINP-VTDA ROBLE CARLSBADCA 92011 JEAN M TOBIN 6438 KINGLET WAY CARLSBAD CA 92011 TTEREDWARD J & EVELYN C( 1465 LAUREN CT ENCINITASCA-92024 POINSETTIA HEIGHTS HOA UNIT 107 2385 CARLSBAErA92011 POINSETTIA HEIGHTS UNIT 224 6725 MESA^IBGE RD SANDIE6OCA92121 POINSETTIA HEIGHTS HOA UNIT 224 6725 MESA SANDlEedCA92121 ROBERT T REED 6430 KINGLET WAY CARLSBADCA 92011 GERALD & PATRICIA HAGAN 6442 KINGLET WAY CARLSBADCA 92011 ANNAVEDDER 1764 VESPER CAR4=SBATJCA92011 POINSETTIA HEIGHTS HOA UNIT 107 2385 CAMINOJ^/tDA ROBLE CARLSBAdCA 92011 POINSETTIA HEIGHTS HOA UNIT 107 ^^^ 2385 CAMINQ^flDAROBLE CARLSBAtTCA 92011 POINSETTIA HEIGHTS HOA UNIT 224 6725 MESARJBGE RD SANDIEGOCA92121 JOHN SANTHOFF 6434 KINGLET WAY CARLSBAD CA 92011 DARRELL E & CHARLENE HOLT 1309SHOREBIRDLN CARLSBAD CA 92011 JEFFREY C & MOON WATERBURY 6450 KINGLET WAY CARLSBAD CA 92011 REZA MAHASSENI 6454 KINGLET WAY CARLSBADCA 92011 CATHY HERSCH 1743 PIPIT CT CARLSBAD CA 92011 HOGAN 1739 PIPIT CT CARLSBADCA 92011 SUZANNE L BECKSTROM 1735 PIPIT CT CARLSBAD CA 92011 ELLENA 1731 PIPIT CT CARLSBADCA 92011 VICTORIA HOWELL 1738 PIPIT CT CARLSBAD CA 92011 WAINFORD 1742 PI PIT CT CARLSBAD CA 92011 RAYMOND SULITEANU 6445 LILIUM LN CARLSBADCA 92011 SCOTT MORROW— 26 CALLE^MATTIS SANGtO/lENTE CA 92673 NEAL R HOSS 5553 COYOJE'CT CARLSBAD CA 92010 DARRELL E & CHARLENE HOLT 1309SHOREJ CARLSBADCA 92011 RILEYCAPITALLLC PO BOX 807 SOLANA BEACH CA 92075 KIMBERLYAAKERS 6303 ALEXANDRI CIR CARLSBAD CA 92011 MIKSA 6305 ALEXANDRI CIR CARLSBAD CA 92011 CHRISTOPHER L MASS 10525 TENNESSEE AVE LOS ANGELES CA 90064 JOSEPH YU 5233 BRICKFIELD LN SAN DIEGO CA 92130 HEATHER AMBLER UNIT 626 2005 COSTA DEL MAR RD CARLSBAD CA 92009 ELEANOR L FITZGERALD 6437 ALEXANDRI CIR CARLSBAD CA 92011 STEVEN R & KAREN WIRRIG 6439 ALEXANDRI CIR CARLSBAD CA 92011 SUSAN J MALONE 6441 ALEXANDRI CIR CARLSBAD CA 92011 LINDA M FANNING UNIT 318 225 THE CROSSROADS CARMEL CA 93923 JOHN P & JULIE DAVIS 6446 ALEXANDRI CIR CARLSBAD CA 92011 DENISE M SCALZO 6448 ALEXANDRI CIR CARLSBAD CA 92011 LESLIE S MAYO 6450 ALEXANDRI CIR CARLSBAD CA 92011 JIMMY MALGET 6452 ALEXANDRI CIR CARLSBAD CA 92011 EVEREKLIAN 6454 ALEXANDRI CIR CARLSBAD CA 92011 LAURA TADDEI 1660PRESTWICKCT SAN MARCOS CA 92069 BIDWELL 6309 ALEXANDRI CIR CARLSBAD CA 92011 EDWARD W & JEAN STERNAGLE 2668 GARDEN HOUSE RD CARLSBAD CA 92009 SANDRA C MARTIN 444 LAKE WABASSO CT SHOREVIEWMN55126 JOHNSON 6315 ALEXANDRI CIR CARLSBAD CA 92011 ANDREW & JULIE BEDELL 6317 ALEXANDRI CIR CARLSBAD CA 92011 JACQUELINE J MATZAT 6457 ALEXANDRI CIR CARLSBAD CA 92011 DEBORAH E WEST 6459 ALEXANDRI CIR CARLSBAD CA 92011 ROGER POWELL 6461 ALEXANDRI CIR CARLSBAD CA 92011 RONALD L & DONNA FALLER 6463 ALEXANDRI CIR CARLSBAD CA 92011 GERALD J CWYNAR 6465 ALEXANDRI CIR CARLSBAD CA 92011 A TZAFEROS 6467 ALEXANDRI CIR CARLSBAD CA 92011 MARK & LAUREL EICHKORN BERG TIM L FRIGON 2640 WYNNCREST RIDGE DR 6472 ALEXANDRI CIR 6474 ALEXANDRI CIR CHESTERFI ELD MO 63005 CARLSBAD CA 92011 CARLSBAD CA 92011 MARILYN J GRAF LINDHOLM SIEGLINDE MERWIN 6476 ALEXANDRI CIR PO BOX 482 6480 ALEXANDRI CIR CARLSBAD CA 92011 MOUNT HERMON CA 95041 CARLSBAD CA 92011 CT 04-10(A)/CP 04-05(A)/SDP 04-07(A)/CDP 04-23(A)SDP 0407(A)/CDP 0423(A) POINSETTIA LNCASSIA RDE LNE L C A M IN O R E A F IO N A M B R O SIA LN A L DOCENA RDANTECTKIMMERCTN A P L N AMANTE CTSKIMMER CTCALLIANDRA RD EA LNNICOLIA DRCT 04-10(A) / CP 04-05(A)SDP 04-07(A) / CDP 04-23(A)POINSETTIA PLACETILIA PLOLEAEAL TOBRIA TERRACERL I L INGLET WYBLUEBIRD LNUEGRASS LNN0400800200FeetPOINSCASSIA RDROSIA LNEL CAMINO REKALMIA CRL I U M L N KIBLUALEXANDRI CRKINGBIRD LVESPER LNFICUS PLINSETTIA LNAMBRF IO N AA P L DOCENA RDSKIMMER CTAMANTE CTCALLIANDRA RD Š20.4 acresŠ20.4 acresŠDecember 2006ƒGPA/LCPA GPA/LCPA àRLM/RM – RMH/RH/OSƒCT 04-10/CP 04-05/CDP 04-23/SDP 04-07à60 Townhouse / 30 Stacked Flats / inc: 14 onsite affordableŠDecember 2009ƒNo Land Use applicationsƒCT 04-10(A)/CP 04-05(A)/CDP 04-23(A)à68 townhouse / 14 Stacked Flats / No onsite affordableà68 townhouse / 14 Stacked Flats / No onsite affordable ŠProvided OnsiteŠProvided OnsiteƒPassive and Active Recreation Areasƒ30 Guest Parking SpacesgpƒDecorative Perimeter Wallƒ75% Property PreservationƒGated Entry ŠTownhouseŠStacked Flatsƒ4 floorplansà1,350 sq.ft. 3 bedroomsƒ5 floorplansà1,004 sq.ft. 2 bedroomsà1,471 sq.ft. 3 bedroomsà1,501 sq.ft. 3 bedroomsà1,968 sq.ft. 4 bedroomsà1,025 sq.ft. 2 bedroomsà1,058 sq.ft. 2 bedroomsà1,341 sq.ft. 3 bedroomsqƒTwo car attached garagesqà1,930 sq.ft. 3 bedroomsƒTwo car attached and detached garagesdetached garages