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HomeMy WebLinkAbout2019-06-11; City Council; ; 2019-06-11 Consider an appeal of the Planning Commission's decision to approve a Site Development Plan to allow the construction of an apartment project on property locatCA Review ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: June 11, 2019 Mayor and City Council Scott Chadwick, City Manager Chris Garcia, Associate Planner chris.garcia@carlsbadca.gov or 760-602-4622 Consider an appeal of the Planning Commission's decision to approve a Site Development Plan to allow the construction.of a four-story, 23-unit residential apartment project which includes three affordable, rent- restricted housing units, on property generally located at the southwest corner of Romeria Street and Gibraltar Street. Romeria Pointe Apartments SDP 2018-0004 (DEV2017-0151) Recommended Action That the City Council hold a public hearing and adopt a resolution denying the appeal and upholding the Planning Commission's decision to approve SDP 2018-0004. Executive Summary On March 20, 2019, the Planning Commission conducted a public hearing regarding a request for a Site Development Plan and density bonus to allow the construction of 23 residential apartments on two vacant lots. The Planning Commission voted unanimously to approve the project (7-0). An appeal of the Planning Commission's decision was submitted on March 28, 2019, by Susan Ortman. The property is not located in the coastal zone. Discussion Project Description and Background: The proposed project consists of re-grading two previously graded lots and the construction of two, four-story residential apartment buildings containing 23 total units. The 0.72-acre project site consists of two legal parcels that are conditioned to be merged prior to development. The site has street frontage on Romeria Street to the east and Gibraltar Street to the north. Topographically, the site has two existing pad levels of approximately 77 feet and 91 feet above mean sea level (AMSL), with an intervening slope between the two lots. Both lots sit above existing lots to the north and west, below the lot to the south, and similar in elevation as the lots to the east. Grading for the proposed project includes 12,000 cubic yards (c.y.) of cut, 500 c.y. of fill, with 11,500 c.y. of export. The grading still results in two, split level pads that are slightly lower in height than existing grades. A grading permit is required for the project. June 11, 2019 Item #12 Page 1 of 143 Pursuant to Chapter 21.86 of the Carlsbad Municipal Code (CMC), the applicant is requesting a 35 percent density bonus which requires a minimum of 11% of the base units as inclusionary (i.e., rent-restricted) units affordable to "very low-income households." With this density bonus, the maximum number of units allowed for the 0.72-acre site is 23 units with two units required to be affordable to "very low-income" households. Since the project is also required to comply with the city's minimum inclusionary housing requirement of 15% affordable, the project is providing a third unit available to "very low-income" households. As part of the density bonus request, up to three incentives or concessions may be requested (CMC Section 21.86.050). Accordingly, the applicant is requesting the allowance for increased building height and requesting units from the city's Excess Dwelling Unit Bank (EDUB). Section "A" of the Planning Corri mission Staff Report dated March 20, 2019, and Planning Commission Resolution No. 7324 provide a detailed discussion on the density bonus request. As a density bonus project, the City Council's discretion to grant the appeal and thereby deny the project is governed by State Law as described in Government Code Section 65915, attached as Exhibit 7. Planning Commission Hearing: The Planning Commission considered the Romeria Pointe Apartments project on March 20, 2019. Prior to the public comment period, Assistant City Attorney Ronald Kemp clarified the findings to deny concessions requested under density bonus law (building height, dwelling units from the EDUB). During the public hearing, three people submitted written opposition to the project through public speaker slips and two of the three people spoke directly to the Planning Commission, including the appellant. The issues raised by those in opposition were geotechnical, potential damages to surrounding property, building height, loss of natural light, and unit quantity and size. The applicant responded to the geotechnical concerns and city Engineering Manager Jason Geldert also responded to geotechnical questions from the Planning Commission. In addition to the concerns raised at the hearing, additional written comments were received prior to the Planning Commission meeting regarding parking, traffic, views, trash, and pedestrian safety. These comments are attached to the Planning Commission Staff Report. Standard of Review for Appeals This item is before the City Council as an appeal of a final approval of the Site Development Plan by the Planning Commission and a determination by the City Planner that the project was exempt from CEQA review. Carlsbad Municipal Code (CMC) Section 21.54.150{c) outlines procedures for appeals of Planning Commission decisions and City Planner's CEQA determinations, and states: "Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the planning commission in that the decision was not supported by the facts presented to the planning commission prior to the decision being appealed; or that there was not a fair and impartial hearing". Section 21.54.150(c) goes on to state that the City Council's consideration is "de nova" (or "like new") but limits the consideration to "only the evidence presented to the Planning Commission June 11, 2019 Item #12 Page 2 of 143 for consideration in the determination or decision being appealed." The City Council's reconsideration on the appeal is limited to only the issues presented to the Planning Commission and raised in the appeal. Any matters that were presented to the Planning Commission but were not specified in the appeal are considered to be approved correctly and supported by substantial evidence. Thus, no new information may be considered by the City . Council that was not presented to the Planning Commission. The City Council may uphold, modify or overturn the Planning Commission's and the City Planner's decision. Project Appeal and Response: The appellant is basing their appeal on a few points including that "The Planning Commission erroneously approved the city's first density bonus project by relying on self-certification by city staff that the project proposes no environmental impact and awarded density bonus concessions based on Prop E." Specifically, the appellant describes potential geotechnical issues and suggests that the project should not proceed without an Environmental Impact Report, an engineering study, soil sampling, and a traffic study. The Land Development Engineering Division has reviewed the preliminary geotechnical reports for the project. Furthermore, the preliminary geotechnical reports were reviewed by a third- party consultant under contract with the city. The project will not be issued grading permits until final engineering reports are completed. However, all preliminary reports prepared by and reviewed by professionals describe a geotechnically feasi,ble project. Regarding traffic, the city requires Traffic Impact Studies for new developments that exceed 500 Average Daily Trips (ADT), which is derived from the SANTEC/ITE Guidelines for Traffic Impact Studies in' the San Diego Region. The proposed project has an estimated 184 ADT for the 23-unit residential project. Therefore, a traffic study was not required since the project is well under the 500 ADT to warrant such a study. The city has a growth management ordinance approved by voters and known as "Prop. E." According to City Council Policy No. 43 -Excess Dwelling Unit Bank, an allocation of excess dwelling units to a project is a density bonus "incentive," as defined in CMC Section 21.86.020A.12 and Government Code Section 65915(k). The applicant has requested to withdraw units from the EDUB as one of their permitted incentives or concessions allowed under State density bonus law and CMC Chapter 21.86 -Residential Density Bonus and Incentives or Concessions. Government Code Section 65915 states cities shall grant the concessions unless the city adopts written findings based on substantial evidence presented at the hearing of the specific, adverse impacts on public health and safety. A specific, adverse impact means a significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete. Inconsistency with zoning or general plan land use is not a specific, adverse impact. As mentioned previously, all preliminary geotechnical reports have been reviewed and a feasible option to mitigate any potential geotechnical impacts to neighboring properties has June 11, 2019 Item #12 Page 3 of 143 been provided. Furthermore, all final engineering reports and documents are required to be completed prior to commencement of on-site grading. Staff recommended approval of the project and concurs with the Planning Commission's decision on March 20, 2019, to approve the Site Development Plan and density bonus request. The project, Romeria Pointe Apartments, meets the objective standards of all applicable plans, policies, and regulations, and will not produce any significant impacts to the public's health, safety and/or welfare. Therefore, staff recommends that the City Council uphold the Planning Commission's decision and deny the appeal. Fiscal Analysis If approved, all required improvements to serve this project will be funded and/or constructed by the developer. Next Steps The City Council's action on this item is final. Environmental Evaluation (CEQA) The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption of the State CEQA Guidelines. The project is consistent with the General Plan as well as with the Zoning Ordinance. The project site is within the city limits, is less than five acres in size, and is surrounded by urban uses. There is no evidence that the site has value as habitat for endangered, rare, or threatened species. Approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The only exception that could apply upon review is 15300.2(c) - whether there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances. In order to grant the appeal, the council must apply a two-part test. First, it must decide whether the project presents unusual circumstances which differ significantly from other projects that have been covered by this exception. If not, the analysis ends there. Second, the council must find there is a reasonable possibility that a significant environmental impact will result from the identified unusual circumstances of the project. A Notice of Exemption will be filed by the City Planner upon final project approval. Public Notification and Outreach The project is not subject to City Council Policy No. 84 -Development Project Public Involvement Policy, since the project was filed prior to the effective date of the policy. Information regarding public notification ofthis item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. June 11, 2019 Item #12 Page 4 of 143 Exhibits 1.City Council Resolution. 2.Location Map. 3.Planning Commission Resolution No. 7324. 4.Planning Commission Staff Report dated March 20, 2019 (without Planning Commission Resolution and Full Size Exhibits "A" - "OO" dated March 20, 2019). 5.Planning Commission minutes dated March 20, 2019. 6.Appeal Form dated March 28, 2019. 7.Government Code Section 65915 relating to Density Bonus. 8.Public Comments. June 11, 2019 Item #12 Page 5 of 143 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A SITE DEVELOPMENT PLAN . TO CONSTRUCT A FOUR-STORY, 23-UNIT RESIDENTIAL APARTMENT PROJECT WHICH INCLUDES THREE AFFORDABLE, RENT RESTRICTED HOUSING UNITS, ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF ROMERIA STREET AND GIBRALTAR STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: ROMERIA POINTE APARTMENTS CASE NO.: SDP 2018-0004 (DEV2017-0151) Exhibit 1 WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on March 20, 2019, hold a duly noticed public hearing as prescribed by law to consider Site Development Plan No. SDP 2018-0004, as referenced in Planning Commission Resolution No. 7324 approving the project; and WHEREAS, the Planning Commission voted 7-0 to approve the project; and WHEREAS, on March 28, 2019, the appellant, Susan Ortman, timely filed an appeal with the city as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and WHEREAS the City Council of the City of Carlsbad, held a duly noticed public hearing to consider the appeal of the Planning Commission's decision to approve said Site Development Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the appeal of the Planning Commission's decision is denied, that all matters not specified in the appeal have been supported by substantial evidence with findings and approved by the Planning Commission, and that the findings and conditions contained in Planning Commission Resolution No. 7324 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That this action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: June 11, 2019 Item #12 Page 6 of 143 PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the_ day of ___ � 2019, by the following vote, to wit: AYES: NAYS: ABSENT: MA TT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) June 11, 2019 Item #12 Page 7 of 143 Exhibit 3 PLANNING COMMISSION RESOLUTION NO. 7324 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 2018-0004 TO CONSTRUCT A FOUR-STORY, 23-UNIT RESIDENTIAL APARTMENT PROJECT WHICH INCLUDES THREE INCLUSIONARY HOUSING UNITS, ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF ROMERIA STREET AND GIBRALTAR STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: ROMERIA POINTE APARTMENTS CASE NO.: SDP 2018-0004 (DEV2017-0151) WHEREAS, BNR Investment & Development, LLC, "Developer/Owner," has filed a verified , application with the City of Carlsbad regarding property described as Lots 393 and 394 of La Costa South Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6600, filed in the office of the County Recorder of San Diego County, March 10, 1970 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan and residential density bonus as shown on Exhibit(s) "A" -"00" dated March 20, 2019, on file in the Planning Division, SDP 2018-0004-ROMERIAPOINTE APARTMENTS as provided by Chapters 21.06 and 21.86, and Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on March 20, 2019, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. June 11, 2019 Item #12 Page 9 of 143 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES SDP 2018-0004 -ROMERIA POINTE APARTMENTS based on the following findings and subject to the following conditions: Findings: Site Development Plan, SDP 2018-0004 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the various goals and objectives of the General Plan will be implemented as the proposed project is consistent with the General Plan, which allows for a mixture of residential uses, including multiple-family residential, within the R-23 Residential Land Use designation. Although the project's density of 31.9 dwelling units per acre is above the maximum R-23 Residential density of 23 du/ac as the project includes a request for a residential density bonus, the 23-unit residential apartment project can be found consistent with the General Plan Land Use Policies as discussed below and in Section A and Table 5 of the project Staff Report to the Planning Commission dated March 20, 2019. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that multiple-family residential is a permitted use within the Residential Density-Multiple {RD-M) Zone and is compatible with the other multiple-family residential uses surrounding the project site. The residential apartment project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 138 Average Daily Trips {ADT) generated by the project. With exception to the allowance for increased building height through the density bonus process, the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the RD-M Zone, and the project is adequately parked on-site and does not result in any environmental impacts. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that with exception to the allowance for increased building height as discussed in the project staff report, the residential apartment project complies with all remaining development standards of the Residential Density-Multiple (RD-M) Zone and all other applicable sections of the Zoning Ordinance. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that with exception to the allowance for increased building height the project complies with all remaining development standards (i.e. front, side and rear setbacks, lot coverage, parking) of the Residential Density -Multiple {RO- M) Zone and all other applicable sections of the Zoning Ordinance. Landscaping along the outer edges of the property, including the areas along Romeria Street and Gibraltar Street, will be provided consistent with the requirements of the city's Landscape Manual. PC RESO NO. 7324 -2- June 11, 2019 Item #12 Page 10 of 143 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the project will take access off Romeria Street with vehicles traveling to and from the project on Gibraltar Street. as well. Romeria Street and Gibraltar Street are identified as local streets, designed to adequately handle the 138 Average Daily Trips generated by the 23-unit residential apartment project. Residential Density Bonus, CMC Chapter 21.86 6. The project is consistent with the provisions of CMC Chapter 21.86 in that the proposed residential apartment project meets all of the standards, including the requisite 35% of "very low-income", deed-restricted inclusionary housing. In addition, increased building height is an allowable concession. 7. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and actual cost reductions in that the allocation of excess dwelling units allows for a financially feasible project by sharing construction costs among all units including the land, permitting and construction costs. The allowance for increased building height allows the project to provide three stories of economicc1lly viable units since the ground floor is mainly dedicated to parking. 8. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development standards is not contrary to state or federal law in that increased number of units and a waiver from a development standard (building height) is clearly laid out as an incentive and concession for density bonus projects in California and pursuant to CMC Chapter 21.86.050 and Government Code §65915(k) and (o). City Council Policy No. 43, Allocation for Excess Dwelling Units 9. That the city's Housing Policy Team recommended approval of the request for an allocation of nine (9) units from the Excess Dwelling Unit Bank on January 22, 2019. 10. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project includes a request for a 35% density bonus pursuant to CMC Chapter 21.86, Residential Density Bonus and Incentives or Concessions. The project meets the applicable findings associated with the proposed density bonus request. Adjacent land uses include two-and three-story multi-family residential. The proposed four-story multi-family residential apartment project is compatible with the surrounding land uses. 11. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document1 in that a residential apartment project is consistent with the R-23 Residential General Plan Land Use designation and the proposed 35% density ·bonus is consistent with the provisions in CMC Chapter 21.86. 12. That the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the growth management control point for the applicable density range in that the project qualifies for and will receive an allocation of excess dwelling units pursuant to City Council Policy No. 43, the Southeast Quadrant dwelling unit limit will not be exceeded as a result of the proposed project, and all necessary public facilities will be constructed or are PC RESO NO. 7324 -3- June 11, 2019 Item #12 Page 11 of 143 guaranteed to be constructed concurrently with the need for them created by this development. 13. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Southeast Quadrant to remove nine (9) units. Per the city's Quadrant Dwelling Unit Report dated January 31, 2019, 327 units remain available for allocation in the Southeast Quadrant. California Environmental Quality Act: 14. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 -In-Fill Development Projects of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. General 15. 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 March 20, 2019 including, but not limited to the following: a. Land Use & Community Design-The 23-unit residential apartment project is consistent with the elements and objectives of the General Plan as discussed in Section "A" of the project staff report. The proposed 23-unit residential apartment project qualifies for an allocation of excess dwelling units pursuant to City Council Policy No. 43 since the project includes the required inclusionary housing units required by CMC Chapters 21.85 and 21.86 and the project is conditioned to execute affordable housing and density bonus housing agreements. There are currently excess dwelling units available in the Southeast Quadrant as a result of residential projects approved at densities below the GMCP. All necessary public facilities required by the Citywide Facilities and Improvements Plan will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with adopted city standards. b. Mobility -The proposed project has been designed to meet applicable circulation requirements, which include two driveway access points from Romeria Street. In addition, the applicant will be required to pay traffic impact fees prior to issuance of a building permit that will go towards future road improvements. The proposed project will maintain an existing sidewalk along Romeria Street and Gibraltar Street which will provide pedestrian access to and from the project. c. Noise -The project consists of 23 residential apartments located in two buildings. A noise study by Rincon Consultants, Inc, dated January 2017, was provided. The apartment project does not have any required exterior private recreation areas and therefore is not subject to the maximum 60 dB{a) CNEL noise level. Given the exterior noise levels and modern building construction that meets or exceeds the 2016 California Green Building Code requirements, PC RESO NO. 7324 -4- June 11, 2019 Item #12 Page 12 of 143 the project will experience interior noise levels below the required 45 dB(a) CNEL interior noise level. d. Public Safety -The proposed structural improvements are required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all of the applicable fire safety requirements. e. Housing -The proposed project includes 15%, or three, inclusionary units which will be required to be rented to very low-income households. The provision for inclusionary housing will contribute toward achieving the city's Regional Housing Needs. The project has been conditioned accordingly to require the approval of an Affordable Housing Agreement prior to building permit issuance. 16. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; · schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Encinitas Union 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. c. The Local Facilities Management fee for Zone 6 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 17. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50) . .18. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; PC RESO NO. 7324 -5- June 11, 2019 Item #12 Page 13 of 143 record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approva·1 shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Site Development Plan, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or dther energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Encinitas Union School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. PC RESO NO. 7324 -6- June 11, 2019 Item #12 Page 14 of 143 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 14. Developer shall submit and. obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the Community and Economic Department. 16. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Site Development Plan by Resolution(s) No. 7324 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. PC RESO NO. 7324 -7- June 11, 2019 Item #12 Page 15 of 143 18. Prior to the recordation of the parcel map for any phase of this project, or where a parcel map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement and Density Bonus Housing Agreement with the City to provide and deed restrict three (3) inclusionary dwelling units. Specifically, three (3) units shall be rented at a price affordable to very low-income households at 50% or less of the San Diego County Area Median Income for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement and Density Bonus Housing Agreement shall be submitted to the City Planner no later than 60 days prior to building permit issuance. The recorded Agreements shall be binding on all future owners and successors in interest. Engineering: General 19. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 20. The project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 21. The developer shall complete processing of a lot line adjustment between lot 392 and lot 393 as shown on the site plan. 22. The developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 23. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Gibraltar Street and Romeria Street as shown on the Site Plan. Fees/ Agreements 24. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 25. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 26. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. PC RESO NO. 7324 -8- June 11, 2019 Item #12 Page 16 of 143 27. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private enhanced pavement located over existing public right-of-way as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. Grading 28. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 29. If needed, as determined by the city engineer, upon completion of grading, developer shall file an "as-graded" geologic plan with the city engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 30. Prior to approval of the grading plans, the applicant shall submit a ~onstruction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, material deliveries, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. All material staging, construction trailers, bathroom facilities, etc. shall be located outside the public right-of-way uriless otherwise approved by the city engineer or Construction Management & Inspection engineering manager. 31. Concurrent with the grading plans Developer shall include shoring plans as part of the grading plans to the satisfaction of the city engineer and building official. Structural calculations for all shoring shall be submitted for review and approval by the building division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 33. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level PC RESO NO. 7324 -9- June 11, 2019 Item #12 Page 17 of 143 Storm Water Pollution Prevention Plan {SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 34. The project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineerwith final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 35. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 36. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 37. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 38. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Driveways, sidewalk, and curb ramps, B. Sewer laterals, water services and water meters, C. Irrigation services and fire services, D. Curb outlets, E. Street trees, and F. Streetlight 39. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the development improvement agreement or such othe.r time as provided in said agreement. 40. Due to access by Waste Management trucks, developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. PC RESO NO. 7324 -10- June 11, 2019 Item #12 Page 18 of 143 41. Developer shall be responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way to the satisfaction of the city engineer. These facilities shall be constructed within the property. Utilities 42. 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. 43. The developer shall agree to design landscape and irrigation plans utilizing recycled .water as a source and prepare and submit a colored recycled water use map to the Planning Division for processing i)nd approval by the district engineer. 44. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 45. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 46. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. 47. The developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. 48. The developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. Code Reminders: 49. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 50. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 51. Developer shall pay Bridge and Thoroughfare District #1 fees based on Section 20.08.140 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. PC RESO NO. 7324 -11- June 11, 2019 Item #12 Page 19 of 143 52. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 53. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 54. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 6 as required by Carlsbad Municipal Code Section 21.90.050. 55. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 56. 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. 57. This project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 59. 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 City Planner prior to installation of such signs. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RESO NO. 7324 -12- June 11, 2019 Item #12 Page 20 of 143 (i) PLANNING COMMISSION . Staff Report . Exhibit 4 ltemNo.o P.C. AGENDA OF: March 20, 2019 Application complete date: October 12, 2018 Project Planner: Chris Garcia Project Engineer: Jennifer Horodyski SUBJECT: SDP 2018-0004 (DEV2017-0151) -ROMERIA POINTE APARTMENTS -Request for approval of a Site Development Plan to construct a four-story, 23-unit residential apartment project which includes three inclusionary housing units, on property generally located at the southwest corner of Romeria Street and Gibraltar Street within Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7324 APPROVING Site Development Plan SDP 2018-0004, based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The proposed project consists of re-grading two previously graded lots and the construction of two, four- story residential apartment buildings containing 23 total units. The 0.72-acre project site consists of two legal parcels that are conditioned to be merged prior to development. In December 1998, the Planning Commission approved an 11-unit residential condominium project on the site. In May 2004 and January 2007, the Planning Commission approved a nine-unit residential condominium project on the site: However, all previous approvals have expired and the project site remains vacant. The site has street frontage on Romeria Street to the east and Gibraltar Street to the north. Topographically, the site has two existing pad levels of approximately 77 feet and 91 feet above mean sea level (AMSL), with an intervening slope between the two lots. Both lots sit above existing lots to the north and west, below the lot to the south, and similar in elevation as the lots to the east. Grading for the proposed project includes 12,000 cubic yards (c.y.) of cut, 500 c.y. of fill, with 11,500 c.y. of export. The grading still results in two, split level pads that are slightly lower in height than existing. A grading permit is required for the project. The project consists of two, four-story buildings with a driveway for each building from Romeria Street. The ground floor of each building contains enclosed two-car garages and some unenclosed parking spaces as well as trash and utility areas. Building "A" contains five units on t he second and third floors and two units on the fourth floor, for a total of 12 units. The second and third floors of Building "B" contain four it, "•,;" June 11, 2019 Item #12 Page 22 of 143 SDP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 2 units each, as well as a leasing office and community room. The fourth floor contains three units for a total of 11 units in Building "B". A breakdown of each type of unit is summarized in Table 1 below. TABLE 1-DETAILS FOR UNIT TYPE Unit# Quantity Size Bedroom/Bathrooms Parking Spaces Per Unit Al, A2, A7 3 641-678 SF 1/1 1 (Affordable) A6 1 667 SF 1/1 1 A3,A8 2 1,661-1,819 SF 3/2.5 2 A4,A9 2 1,872 -1,914 SF 3/3 2 AS, AlO 2 1,823 -1,844 SF 3/3.5 2 All, A12 2 2,008 -2,019 SF 3/3.5 2 Bl, BS 2 1,795 -1,809 SF 3/3 2 B2, B6 2 1,694 -1,723 SF 3/2.5 2 B3, B7 2 1,810 -1,827 SF 3/2.5 2 B4, B8 2 719 SF 1/1 1 B9 1 l,749SF 3/3 2 Bl0 1 942 SF 1/1 1 Bll 1 1,933 SF 3/2.5 2 Building "A" is located on the southern half of the site and is approximately 45 feet in height as measured from the new, lower; finished grade. Architectural features and elevator tower elements extend to approximately 48 feet in height. Building "B" is located on the northern half of the site and is approximately 48 feet in height as measured from the new, lower, finished grade. Architectural features and elevator tower elements extend to approximately 51 feet in height. The fa<;ade consists of a series of angular private balconies alternating between living spaces that are designed to maximize access to sun and views offered by the raised corner lot. A common landscaped courtyard with seating areas, a barbeque, and a fire pit is located between the two buildings. Parking areas and garages are ventilated by use of metal louvers which also reduce impacts from vehicle headlights on neighboring properties. Pursuant to Chapter 21.86 of the Carlsbad Municipal Code (CMC), the applicant is requesting a 35 percent density bonus which requires a minimum of 11 percent of the base units as inclusionary (i.e., rent- restricted) units affordable to "very low-income households". With this density bonus, the maximum number of units allowed for the 0.72-acre site is 23 units with two units required to be affordable to "very low-income" households. Since the project is also required to comply with the city's minimum inclusionary housing requirement of 15 percent affordable, the project is providing a third unit available to "very low- income" households. Including the density bonus and the inclusionary units, the 23-unit project has a proposed density of 31.9 dwelling units per acre. As part of the density bonus request, up to three incentives or concessions may be requested (CMC Section 21.86.050). Accordingly, the applicant is requesting the allowance for increased building height and requesting units from the city's Excess Dwelling Unit Bank. Section "A" provides a detailed discussion on the density bonus request. Table 2 below includes the General Plan Land Use designations, zoning and current land uses of the project site and surrounding properties. June 11, 2019 Item #12 Page 23 of 143 SOP 2018-0004 (DEV2017-0151) -ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 3 TABLE 2 -SURROUNDING LAND USE Location General Plan Designation Zoning Site R-23 Residential Residential Density- Multiple (RD-M) North R-23 Residential RD-M South R-23 Residential RD-M East R-23 Residential RD-M West R-23 Residential RD-M Current Land Use Vacant Multi-Family Residential Multi-Family Residential Multi-Family Residential Multi-Family Residential Public comments have been received by surrounding residents, property owners, and interested parties. Concerns include but are not limited to parking, traffic, density, height, views, trash, and pedestrian safety. These comments have been attached to this staff report (Attachment 4). Ill. ANALYSIS The project is subject to the following regulations: A. R-23 Residential General Plan Land Use Designation and Density ~onus Ordinance (CMC Chapter 21.86); B. Residential Density-Multiple (RD-M) Zone (CMC Chapter 21.24); C. Qualified Development Overlay Zone (CMC Chapter 21.06); D. lnclusionary Housing Ordinance (CMC Chapters 21.85 and 21.86); and E. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 6. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. R-23 Residential General Plan Land Use Designation and Density Bonus Ordinance (CMC Chapter 21.86) The General Plan Land Use designation for the property is R-23 Residential, which allows residential development at a dens ity range of 15-23 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 19 du/ac. Table 3 below identifies the permissible density range for properties designated R-23 Residential. TABLE 3-DENSITY Gross Acres Net Acres R-23 Residential Allowable Density Range : 15-23 du/ac 0.72 0.72 Minimum: 15 x 0.72 = 11 dwelling units GMCP: 19 x 0.72 = 14 dwelling units Maximum: 23 x 0.72 = 16 dwelling units The proposed project entails a request to construct a 23-unit apartment project. As summarized above, the maximum number of units for a 0.72-acre parcel at 23 dwelling units per acre is 16 dwelling units. In order to construct 23 units, the applicant is requesting approval of a density bonus pursuant to CMC Chapter 21.86, the Residential Density Bonus and Incentives or Concessions Ordinance. CMC Chapter 21.86 was established as a means to implement state law and the goals, objectives and policies of the June 11, 2019 Item #12 Page 24 of 143 SOP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e4 Housing Element of the General Plan which includes the provision to provide housing affordable to lower- and moderate-income households. Specifically, the applicant is requesting a 35 percent density bonus pursuant to Table A of CMC Section 21.86.040. In exchange for the 35 percent density bonus, the applicant is required to designate 11 percent of the base number of units, or two units, as inclusionary units. The inclusionary apartments are required to be rent-restricted and affordable to "very low-income households". Pursuant to CMC Section 21.86.020, a "very low-income household" is defined as a household whose gross income equals fifty percent or less of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. Although CMC Chapter 21.86 requires 11 percent or two inclusionary units for this proposed project, CMC Chapter 21.85 requires a minimum of 15 percent inclusionary units for projects requesting an incentive (increased building height and excess dwelling units). Therefore, the project is satisfying both requirements by providing three inclusionary housing units. Summary of density bonus request: Base maximum density: 23 dwelling units per acre Base maximum units: 0.72 acres x 23 = 17 dwelling units (round up per CMC 21.86.040(G)) (15% or three units required to be inclusionary units) 35% density bonus: 17 + 35% = 22.95 = 23 units (round up per CMC 21.86.040(G)) 23 units Proposed number of units: Proposed density: 23/0.72 = 31.9 dwelling units per acre Table 4 below summarizes the standards required for a density bonus. TABLE 4-CMC SECTION 21.86.090 -DENSITY BONUS HOUSING STANDARDS Standard Analysis A. Required target dwelling units shall be constructed The three affordable units will be built concurrent with market-rate dwelling units unless concurrent with the market rate units. both the final decision-making authority of the city and the developer/applicant agree within the density bonus housing agreement to an alternative schedule for development. B. Whenever feasible, target dwelling units and The inclusionary units will be built on- density bonus dwelling units should be built on-site and located within a building that site (within the boundary of the proposed includes market rate units. In addition, development) and, whenever reasonably possible, the units will be distributed be distributed throughout the project site. throughout the building on floors two and three. C. Whenever feasible, target dwelling units should be The proposed project is located within located on sites that are in proximity to, or will 1.5 miles from two bus stops (El provide access to, employment opportunities, Camino Real/La Costa Avenue & urban services, or major roads or other Rancho Santa Fe Road /La Costa transportation and commuter rail facilities (i.e., Avenue) which currently connect to freeways, bus lines) and that are compatible with transit stations. In addition, the adjacent land uses. project site is located within 1.5 miles of urban services. The proposed Complies? Yes Yes Yes June 11, 2019 Item #12 Page 25 of 143 SOP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 5 Standard Analysis ' project is compatible with existing surrounding multi-family land uses. D. Whenever feasible, target dwelling units should The inclusionary housing includes vary in size and number of bedrooms, in response three one-bedroom units that range in to a"ffordable housing demand priorities of the size from 641 to 678 square feet. city. E. Density bonus projects shall comply with all With exception to the allowance for applicable development standards, except those increased building height, which is a which may be modified as an incentive or permissible concession, the project is concession, or as otherwise provided for in this consistent with all applicable chapter. In addition, all units must conform to the development standards. Further, the requirements of the applicable building and design of the target inclusionary units housing codes. The design of the target dwelling will be the same as the market rate units shall be reasonably consistent or compatible units as they will be incorporated with the design of the total project development within a building also containing in terms of appearance, materials and finished market rate units. quality. F. No building permit shall be issued, nor any A density bonus agreement is required development approval granted, for a development to be recorded prior to building permit which does not meet the requirements of this issuance. The agreement will include chapter. No target dwelling unit shall be rented or details as specified pursuant to CMC sold except in accordance with this chapter. Section 21.86. 130. G. Upon the request of the applicant, the parking . Table E requires one parking space per ratio (inclusive of handicap and guest parking) for unit for units with zero-to one- a housing development that conforms to the bedroom, two parking spaces per unit requirements of Section 21.86.040(A) shall not for units with two-to three-bedrooms, exceed the ratios specified in Table E or as noted, and two and a half parking spaces per below. If the applicant does not request the unit for units with four or more s parking ratios specified in this section or the bedrooms. project does not conform to the requirements of Seven, one-bedroom units Chapter 21.86.040(A), the parking standards 7 units x 1 space/unit specified in Chapter 21.44 of this code shall apply. = 7 spaces 16, three-bedroom units 16 units x 2 spaces = 32 spaces 7+32 = 39 spaces required. 41 spaces provided. 1. If a development includes the maximum l.N/A percentage of low-or very low-income units provided for in Chapter 21.86.040(A) and is located within one-half mile of a major transit stop, as defined in the state Public Resources Code (subdivision (b) of Section 21155), and Complies? Yes Yes Yes Yes June 11, 2019 Item #12 Page 26 of 143 SDP 2018-0004 (DEV2017-0151) -ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 6 Standard there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom. For purposes of this subsection, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. 2. If a development consists solely of rental 2. N/A units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in state Health and Safety Code (section 50052.5), then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios: a. If the development is located within one- half mile of a major transit stop, as defined in state Public Resources Code (subdivision (b) of section 21155), and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per unit. b. If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with state Civil Code (sections 51.2 and 51.3), the ratio shall not exceed 0.5 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. c. If the development is a special needs housing development, as defined in state Health and Safety Code (section 51312), the ratio shall not exceed 0.3 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. Analysis Complies? June 11, 2019 Item #12 Page 27 of 143 SOP 2018-0004 (DEV2017-0151) -ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 7 Standard 3. If the total number of parking spaces required 3. N/A for a development is other than a whole number, the number shall be rounded down to the next whole number. 4. For purposes of this section, a housing 4. N/A development may provide "on-site" parking through tandem parking or uncovered parking, but not through on-street parking. 5. The applicant may request parking incentives 5. N/A or concessions beyond those provided in this section, subject to the findings specified in Chapter 21.86.050(A) (2). 6. Notwithstanding subsections G.1 and G.2 of 6. N/A this section, if the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in Table E, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low income individuals, including seniors and special needs individuals. The city shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio. Analysis Complies? Pursuant to CMC Section 21.86.050 (A)(3)(c) of the Density Bonus Ordinance, for a project which designates at least 15 percent of the total units for very low-income households, a total of three incentives or concessions shall be granted. An incentive or concession may include any of the following: a. A reduction in site development standards or a modification of zoning code or architectural design requirements (excluding State Building Standards), that results in identifiable, financially sufficient and actual cost reductions. A reduction/modification to standards or requirements may include, June 11, 2019 Item #12 Page 28 of 143 SDP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 8 but is not limited to, a reduction in minimum lot size, setback requirements, and/or in the ratio of vehicular parking spaces that would otherwise be required. b. Approval of mixed-use zoning in conjunction with the housing development if: (i) commercial, office, industrial or other land uses will reduce the cost of the housing development; and (ii) the commercial, office, industrial, or other land uses are compatible with the housing development and the existing or planned future development in the area where the proposed project will be located. c. Other regulatory incentives or concessions that result in identifiable, financially sufficient and actual cost reductions. d. The city council may, but is not required to, provide direct financial incentives, including the provision of publicly owned land, or the waiver offees or dedication requirements. The applicant is requesting the following concessions/incentives: 1. Allowance for increased building height: The RD-M Zone currently restricts building height to 35 feet. The applicant is requesting the allowance for increased building height as a concession pursuant to the above-noted options. As discussed in the findings in Planning Commission Resolution No. 7324, increased building height is an appropriate concession for the requested · density bonus in that it results in cost reductions to enable the provision of housing affordable to the designated income group. 2. Request for excess dwelling units: Since the project proposes to construct more units than permitted at the city's Growth Management Control Point (GMCP), the additional residential units must be withdrawn from the city's Excess Dwelling Unit Bank (EDUB). The EDUB is implemented through City Council Policy No. 43. Pursuant to City Council Policy No. 43, an applicant for an allocation of dwelling units shall agree to provide the number of inclusionary units as required pursuant to CMC Section 21.85.050 and shall execute an affordable housing agreement (AHA) prior to building permit issuance pursuant to CMC Section 21.85.140. As discussed in Section C below, the proposal to construct 23 units, including three inclusionary units, is consistent with the inclusionary housing requirement as set forth in City Council Policy No. 43. In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in City Council Policy No. 43. Specifically, the project location and density shall be found to be compatible with adjacent land uses and the project to be consistent with the General Plan and any other applicable planning document. As discussed in the attached Planning Commission Resolution No. 7324, the proposed project meets these findings. The following Table 5 describes how the proposed project is consistent with the various elements of the Carlsbad General Plan. TABLE 5 -GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, PROPOSED USES & COMPLY? OBJECTIVE, OR PROGRAM IMPROVEMENTS Land Use Policy 2-P.8 The proposed 23-unit residential Yes Do not permit residential apartment project qualifies for an development to exceed the allocation of excess dwelling units June 11, 2019 Item #12 Page 29 of 143 SDP 2018-0004 (DEV2017-0151}-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 9 ELEMENT USE, CLASSIFICATION, GOAL, PROPOSED USES & OBJECTIVE, OR PROGRAM IMPROVEMENTS applicable Growth pursuant to City Council Policy No. Management Control Point 43 since the project includes the (GMCP} density unless the required inclusionary housing units following findings are made: required by CMC Chapters 21.85 a. The project qualifies for and 21.86 and the project is and will receive an allocation conditioned to execute affordable of "excess" dwelling units, housing and density bonus housing pursuant to City Council agreements. There are currently Policy No. 43. b. There have excess dwelling units available in been sufficient residential the Southeast Quadrant as a result projects approved at of residential projects approved at densities below the GMCP so densities below the GMCP. All the citywide and quadrant necessary public facilities required dwelling unit limits will not by the Citywide Facilities and be exceeded as a result of the Improvements Plan will be proposed project. c. All constructed, or are guaranteed to necessary public facilities be constructed, concurrently with required by the Citywide the need for them created by this Facilities and Improvements development and in compliance Plan will be constructed, or with adopted city standards. are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with adopted city standards. Policy 2-P.9 The proposed 23-unit residential lncentivize development of lower-apartment project includes three income affordable housing by inclusionary units which will be allowing residential development required to be rented to very low- above the GMCP and maximum income households. The multi- densities permitted by the General family residential land use is Plan, subject to the findings consistent with the adjacent multi- specified in 2-P.8, above, and an family residential development. evaluation of the following: (a} the The project site is conveniently proposal's compatibility with located a block from La Costa adjacent land uses, and (b} the Avenue which is a neighborhood project site's proximity to a connector street providing vehicle minimum of one of the following: and pedestrian access to freeway or major street; commercial commercial centers and bus stops center; employment opportunities; within 1.5 miles of the project site. city park or open space; or commuter rail or transit center. Mobility Policy 3-P.5 The proposed project has been Require developers to construct or designed to meet applicable pay their fair share toward circulation requirements, which COMPLY? Yes June 11, 2019 Item #12 Page 30 of 143 SDP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 10 ELEMENT USE, CLASSIFICATION, GOAL, PROPOSED USES & OBJECTIVE, OR PROGRAM IMPROVEMENTS improvements for all travel modes include two driveway access points consistent with the Mobility from Romeria Street. In addition, Element, the Growth Management the applicant will be required to Plan, and specific impacts associated pay traffic impact fees prior to with their development. issuance of a building permit that will go towards future road improvements. Goal 3-G.3 The proposed project will maintain Provide inviting streetscapes that an existing sidewalk along Romeria encourage walking and promote Street and Gibraltar Street which livable streets. will provide pedestrian access to and from the project. Noise Goal 5-G.2 The project consists of 23 Ensure that new development is residential apartments located in compatible with the noise two buildings. A noise study by environment, by continuing to use Rincon Consultants, Inc, dated potential noise exposure as a January 2017, was provided. The criterion in land use planning. apartment project does not have any required exterior private recreation areas and therefore is not subject to the maximum 60 dB(a) CNEL noise level. Given the exterior noise levels and modern building construction that meets or exceeds the 2016 California Green Building Code requirements, the project will experience interior noise levels below the required 45 dB(a) CNEL interior noise level. Public Safety Goal 6-G.1 The proposed structural Minimize injury, loss of life, and improvements are required to be damage to property resulting from designed in conformance with all fire, flood, hazardous material seismic design standards. In release, or seismic disasters. addition, the proposed project is consistent with all of the applicable Policy 6-P.6 fire safety requirements. Enforce the requirements of Titles 18, 20, and 21 pertaining to Further, the project has been drainage and flood control when conditioned to develop and reviewing applications for building implement a program of "best permits and subdivisions. management practices" for the elimination and reduction of Policy 6-P.34 pollutants which enter into and/or Enforce the Uniform Building and are transported within storm Fire codes, adopted by the city, to drainage facilities. COMPLY? Yes Yes June 11, 2019 Item #12 Page 31 of 143 SDP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 11 ELEMENT USE, CLASSIFICATION, GOAL, PROPOSED USES & OBJECTIVE, OR PROGRAM IMPROVEMENTS provide fire protection standards for all existing and proposed structures. Policy 6-P.39 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. Housing Goal 10-G.3 The proposed project includes 15%, Sufficient new, affordable housing or three, inclusionary units which opportunities in all quadrants of the will be required to be rented to city to meet the needs of current very low-income households. The lower and moderate income provision for inclusionary housing households and those with special will contribute toward achieving needs, and a fair share proportion of the city's Regio11_al Housing Needs. future lower and moderate income The project has been conditioned households. accordingly to require the approval of an Affordable Housing Agreement prior to building permit issuance. Goal 10-P.15 Pursuant to the lnclusionary Housing Ordinance, require affordability for lower income households of a minimum of 15 percent of all residential ownership and qualifying rental projects. For projects that are required to include 10 or more units In approving a request for an affordable to lower income allocation of excess dwelling units, households, at least 10 percent of the project shall meet the findings the lower income units should have identified in City Council Policy No. three or more bedrooms (lower 43. Specifically, the project location income senior housing projects and density shall be found to be exempt). compatible with adjacent land uses and the project is consistent with Policy 10-P.18 the General Plan and any other Adhere to City Council Policy applicable planning document. As Statement 43 when considering allo-discussed in the attached Planning cation of "excess dwelling units" for Commission Resolution No. 7324, the purpose of allowing the proposed project meets these development to exceed the Growth findings. Management Control Point (GMCP) density, as discussed in Section 10.3 (Resources Available). With limited exceptions, the allocation of excess dwelling units will require provision COMPLY? Yes June 11, 2019 Item #12 Page 32 of 143 SDP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 12 ELEMENT USE, CLASSIFICATION, GOAL, PROPOSED USES & OBJECTIVE, OR PROGRAM IMPROVEMENTS of housing affordable to lower income households. B. Multiple-Family Residential (RD-M) Zone (CMC Chapter 21.24) COMPLY? The proposed project is required to comply with all applicable use and development standards of the Carlsbad Municipal Code (CMC) including the Residential Density -Multiple (RD-M) Zone (CMC Chapter 21.24). The 23-unit residential apartment project meets or exceeds the requirements of the RD-M Zone, except building height, as outlined in Table 6 below. TABLE 6-RD-M ZONE COMPLIANCE R-3 Standards Required Proposed Comply Setbacks Front (Gibraltar): Front (Gibraltar): Yes 20'; or ?_10' With landscaping: 15' provided carport or garage openings 13' to retaining wall. do not face onto the front yard; or 19' to planter. 10' provided carport or garage openings 25' to main building wall. do not face onto the front yard and the remaining front yard is landscaped. Interior Side: Interior Side: 5' 5' Street Side: Street Side: 10'; or >5' with landscaping 5' provided parking spaces do not open directly onto the street and the side yard is landscaped. Rear: Rear: 10' ?_10' 10' to parking garage. 16' to main building wall. Lot Coverage 60% 59.5% Yes Building Height 35' Building A Yes* 45' with projections to 48' * Density Building B Bonus 48' with projections fo Concession 51' As summarized in Table 7 below, the proposed residential apartment project is consistent with the parking requirements pursuant to the Density Bonus Ordinance. June 11, 2019 Item #12 Page 33 of 143 SDP 2018-0004 (DEV2017-0151) -ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 13 TABLE 7-PARKING ANALYSIS USE Ratio REQUIRED PROPOSED COMPLY? Residential One bedroom: One bedroom: 7 17 two-car garages= 34 spaces. Yes Apartments 1 space/unit 7 units= 7 spaces developed 5 covered parking spaces. pursuant to the Three Three bedroom: 16 Density Bonus bedroom: 16 units= 32 spaces 2 van accessible spaces. Ordinance. 2 spaces/unit TOTAL REQUIRED: PROPOSED: Yes 39 41 C. Qualified Development Overlay Zone (CMC Chapter 21.06) Pursuant to Section 21.53.120 of the CMC, a Site Development Plan (SDP) is required to be processed for this 23-unit apartment project pursuant to CMC Chapter 21.06, the Qualified Development Overlay Zone. As demonstrated in Table 8 below, all of the required SDP findings can be made. TABLE 8 -SITE DEVELOPMENT PLAN FINDINGS FINDING That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation. PROJECT CONSISTENCY The project is consistent with the various elements and objectives of the General Plan as discussed in Section "A" of the project staff report. The various goals and objectives of the General Plan will be implemented as the proposed project is consistent with the General Plan, which allows for a mixture of residential uses, including multiple-family residential, within the R-23 Residential Land Use designation. As discussed in Section "A" above, although the project's density of 31.9 dwelling units per acre is above the maximum R-23 Residential density of 23 du/ac, the 23-unit residential apartment project can be found consistent with the General Plan Land Use Policies as discussed in Section "A", Table 5 above. The proposed multiple-family residential use will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that multiple-family residential is a permitted use within the Residential Density - Multiple (RD-M) Zone and is compatible with the other multiple- family residential uses surrounding the project site. The residential apartment project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 138 Average Daily Trips (ADT) generated by the project. With exception to the allowance for increased building height as discussed in Section "A" above, the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the RD-M Zone, and the June 11, 2019 Item #12 Page 34 of 143 SDP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 14 project is adequately parked on-site and does not result in any environmental impacts. That the site for the intended The subject site is adequate in size and shape to accommodate development or use is adequate in the proposed 23-unit residential apartment building in that with size and shape to accommodate the exception to the allowance for increased building height as use discussed in Section "A" above, the residential apartment project That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use complies with all remaining development standards of the Residential Density -Multiple (RD-M) Zone and all other applicable sections of the Zoning Ordinance, as demonstrated in Table 6 above. With exception to the allowance for increased building height as discussed in Section "A" above, the project complies with all remaining development standards (i.e. front, side and rear setbacks, lot coverage, parking) of the Residential Density - Multiple (RD-M) Zone, as demonstrated in Table 6 above. Landscaping along the outer edges of the property, including the areas along Romeria Street and Gibraltar Street, will be provided consistent with the requirements of the city's Landscape Manual. The project will take access off Romeria Street with vehicles traveling to and from the project on Gibraltar Street as well. Romeria Street and Gibraltar Street are identified as local streets, designed to adequately handle the 138 Average Daily Trips generated by the 23-unit residential apartment project. D. lnclusionary Housing (CMC Chapters 21.85 and 21.86} The lnclusionary Housing regulations, specifically CMC Chapter 21.85, shall apply to any new construction of rental units where the developer receives offsets or any incentives of the type specified in the density bonus law pursuant to the provisions of CMC Chapter 21.86 and the developer agrees by contract to limit rents for below market-rate rental units. Pursuant to CMC Section 21.85.030, not less than 15 percent of the total units approved shall be constructed and restricted both as to occupancy and affordability to lower-income households. To satisfy this requirement, the applicant proposes to designate three units as · inclusionary units. The city's Housing Policy Team recommended approval of the request on January 22, 2019 .. As required by CMC Chapters 21.85 and 21.86, the project has been conditioned to require the approval of an Affordable Housing Agreement and Density Bonus Housing agreement, respectively, prior to building permit issuance. E. Growth Management (CMC Chapter 21.90) The proposed project is located within Local Facilities Management Zone 6 in the Southeast 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 9 below. June 11, 2019 Item #12 Page 35 of 143 SOP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS March 20, 2019 Pa e 15 TABLE 9 -GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS City Administration 81.35 sq. ft. Library 43.39 sq. ft. Waste Water Treatment 23 EDU Parks 0.16 acres Drainage 3.3CFS Circulation 138 ADTs Fire Station 6 Open Space n/a Schools E: 2.51, M: 2.53, H: 2.53 Sewer Collection System 5,060 GPO Water 5,750 GPO COMPLIANCE Yes Yes Yes Yes Yes Yes Yes n/a Yes Yes Yes The project proposes 23 dwelling units and tl]e unit yield at the GMCP ofthe property is 14 dwelling units. Therefore, a total of nine (9) dwelling units are proposed to be deducted from the City's Excess Dwelling Unit Bank. Pursuant to Planning Commission Resolution No. 7324, the allocation from the EDUB can be supported since 327 units are available for allocation in the Southeast Quadrant according to the city's Quadrant Dwelling Unit Report dated January 31, 2019. IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 {In-Fill Development Projects) Class 32 Categorical Exemption of the State CEQA Guidelines. The project is consistent with the General Plan as well as with the :Zoning Ordinance. The project site is within the city limits, is less than five acres in size, and is surrounded by urban uses. There is no evidence that the site has value as habitat for endangered, rare, or threatened species. Approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. The 23-unit apartment project is not subject to Climate Action Plan measures because the project is below the 70-unit multi-family housing screening threshold listed in the city's Climate Action Plan (Section 5.3). ATTACHMENTS: 1. Planning Commission Resolution No. 7324 2. Location Map 3. Disclosure Statement 4. Public Comments 5. Reduced Exhibits 6. Full Size Exhibits "A" -"00" dated March 20, 2019 June 11, 2019 Item #12 Page 36 of 143 Attachment 3 ji)t-' {_ City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Se r vices Planning Division 1635 Faraday Avenue (760) 602-4610 fEB 2 ZG'8 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 may be attached if necessary.) Person Ram Setya Corp/Part BNR Investment and Development Title Managing Memeber Title --------------Address 23800 Via Del Rio, Yorba Linda CA 92887 Address 23800 Via Del Rio, Yorba Linda CA 92887 2. OWNER (Not the owner's agent) P-1(A) 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 officers. (A separate page may be attached if necessary.) Person Ram Setya Title Managing Memeber Address 23800 Via Del Rio, Yorba Linda CA 92887 Corp/Part BNR Investment and Development Title _____________ _ Address 23800 Via Del Rio, Yorba Linda CA 92887 Page 1 of 2 Revised 07/10 June 11, 2019 Item #12 Page 38 of 143 Chris Garcia From: Sent: To: Subject: To Whom It May Concern: Heather Lindsey • ,_ -"' -_,_ ->:-.::; ·· -" ---· · Thursday, July 19, 2018 8:34 AM Chris Garcia SOP 2018-0004 (DEV2017-0151) Attachment 4 I am against the increase in the size of this proposed project. The size of the units has decreased, the number of units has increased and the parking is insufficient. This neighborhood already suffers from a lack of a parking. The parking may be complaint with the Density Bonus Laws but that does not mean t hat it works with the current demands of the neighborhood. This will be overly burdensome on this neighborhood. I am against the increase in height as it adds to the bulk and mass and impacts the light received by the neighboring properties. Furthermore, the structure is not consistent with the look and feel of the neighborhood and also adds bulk and mass. As an owner of several units to the west of the project, I am against any variances on the set-backs to the west especially given the size of the project even prior to the modification. Although we met with the owners of this proposed project, we reviewed the old plans. At that point, bulk and mass were a concern as was parking. This additional increases proposed under this modification are unacceptable. There are several tranches for affordable housing. I am in favor of affordable housing, but do not feel that this project is appropriate for the maximum amounts. Furthermore, this neighborhood's mile radius has many affordable housing units, and therefore, the bulk and mass and pressure this modification will put on the neighborhood is not balanced with the neighborhood nor the rest of the City. This area has been very supportive of affordable housing, but should not be punished by unnecessary large and looming buildings for having done so. This project exemplifies maximizing size, scale, and density while using the affordable housing variances. If this project did not have affordable units attached, the City would not accept anything near the size, density nor the height being proposed here. This project needs some balance, especially given that only 3 out of the 23 looming units are affordable. Thank you, Heather Lindsey, Esq. 1 June 11, 2019 Item #12 Page 40 of 143 Chris Garcia From: Sent: To: Subject: dave burkle < Saturday, July 21, 2018 4:06 PM Chris Garcia Fw: Romeria Pointe Apartments RE: Project# SOP 2018-0004 (DEV2017-0151) Hello - As a condo owner in the Golfcrest Units, which is next door to the proposed referenced project, I would like to express my strong disapproval of the request to modify the project that was originally submitted. The new proposal requests a concession to increase the building height to 44.5' from 35', and the retaining wall height from 6' to 1 O'. I believe this increased project and building size will be detrimental to our own building. It will tower above us, blocking sunlight, ruining views, reducing airflow, and will increase the risk of improper drainage and erosion, potentially causing damage to our own building footprint and retaining walls. The benefit of building 3 affordable rate units does not compare to the damage and detriment created to many more neighbors. We support the need for more housing and the project as originally proposed and hope that the city will keep the developer to this proposal. Sincerely David & Penny Burkle Owners of: Carlsbad, CA 92009 1 June 11, 2019 Item #12 Page 41 of 143 o Please consider'the number of units submitted in 2ndset of plans, which was to build 16 units. These units are very small; perhaps consider fewer, larger units are better. I would be in support of that project rather than this one. Thank you for your consideration . Respectfully, Lucille Lindsey Owner at Golfcrest 2 June 11, 2019 Item #12 Page 44 of 143 From: Heather Lindsey ~ Sent: Sunday, February 10, 2019 1:00 PM To: Don Neu <Don.Neu@carlsbadca.gov>; Planning <Planning@CarlsbadCA.gov> Cc: Council Internet Email <CityCouncil@carlsbadca.gov>; James Wood <James.Wood@carlsbadca.gov> Subject: SDP 2018-0004 (DEV2017-0151) March 20th hearing To Whom It May Concern: I'm writing you in regards to Romeria Pointe Apartments, the 4 story project that will be built on nearly a 20' pad, essentially making it a 6 story building on the corner of Romeria and Gibralter streets. I am writing in opposition to this project. As a resident in the area, we have the following concerns: 1. With 23 total apartments (20 of which are 3 bedroom), we are estimating an additional 30+ children that will move into the neighborhood. This project is designed to attract large families with children but lacks the open space that will put those children at risk due to hazards in the nearby creek. Because there are no parks or play area in the complex, the creek is the only greens pace left for children to go. This area is already a known risk for the City. The only greenspace left is the creek (and the La Costa Golf Course) that runs just north of Gibralter. There are already children that play, fish, and loiter near that creek. The water runs under a spillway via a VERTICAL pipe (before turning into a horizontal pipe) which has no cover on it. This is certainly a tremendous liability concern as a child could easily fall into this as the circumference of this pipe is plenty big to accommodate even an adult. The spill way also slopes aggressively into the water which is also a hazard. 2. This spillway area is also home to many rattlesnakes in the Summer. 3. There is currently zero parking left at night on the streets of Romeria and Gibralter. As a result, the additional units will require more cars and will actually eliminate at least 4 spots on Romeria to accommodate for entry points for this apartment complex. Additionally, the parking allotment for the project may be inline with state requirements, but is less than city requirements, this illustrating that this will congest and already congested parking situation. 4. There is currently no bus service for the elementary school. These 30+ new children will have to cross La Costa Avenue which has two lanes that merge into one at the corner of La Costa and Romeria. This is an extremely dangerous area as these lanes merge on a downhill slope very close to this traffic light. Traffic on La Costa Avenue is already challenging. There are no calming devices to slow traffic and we are concerned about the large number of children that would be walking and crossing the road to go to June 11, 2019 Item #12 Page 48 of 143 neighboring schools. We want to ensure there is a plan in place to protect pedestrians and children in the community. I do not know whether this might require use studies. 5. An additional 23 units built four stories high with balconies, walkways and staircases will negatively impact surrounding property owners with increased noise, light, traffic circulation, sightlines, and invasion of privacy. We want to ensure mitigation efforts are part of any planning process. Currently, the new apartments will look down on the bedrooms and bathrooms of the homes next door. Additionally, car light and noise from the parking could impact these homes as well. 6. The developer wants to use the buildings as retaining walls. Because of known water and erosion issues in this area, it's concerning that a 4 story complex will be built on a pad that is already elevated 15'-20'. This year, the Los Angeles Times featured stories about several apartment complexes in California that experienced similar collapses of hillsides after heavy rain. The La Costa area has had these same issue in the past and we want to be sure that extensive engineering and soil reports have been done to ensure buildings will not slip onto Gibraltar, the adjoining complexes or the La Costa Golf Course. 7. The design would seem to trigger bulk and mass concerns. Ideally, this spot could be a park. If this is not feasible, then perhaps the developer should consider returning to his previous designs that were smaller in scope, less likely to attract families and still offered housing. Regardless, please have the developer and/or City resolve the aforementioned issues prior to approval. Thank you in advance, Heather Lindsey Next door owner June 11, 2019 Item #12 Page 49 of 143 Carlsbad, CA 92009 February 12, 2019 Dear Carlsbad Officials I am writing to you in opposition to the multi-family project being considered on Romeria Street and want this letter entered into the record. Our group of concerned residents in the La Costa area recently learned about the 4-story project that is proposed on the corner of Romeria and Gibraltar streets. With 23 total apartments (20 of which are 3 bedroom), we are estimating an additional 30+ children that will move into the neighborhood and add 50-60 additional vehicles onto already overcrowded parking situation. As a resident in the area, we have the following concerns: 1. This project will dramatically negatively impact property values. The project includes a 90+ year deed restriction that will prohibit changing from apartments to condos. 2. The fact that the proposed apartment buildings will be built on nearly a 20' pad essentially makes them 6-story buildings. This is inconsistent with the character of the neighborhood. 3. There is currently no parking left at night on the streets of Romeria and Gibraltar. The additional units will bring more cars and will actually eliminate at least 4 current parking spots on Romeria to accommodate entry points for this apartment complex. As a result, the parking problem will increase exponentially. Even if parking garages are included in the new complex they normally on allow for 2 cars. Many of the families in the area have 3 cars and rely on street parking. In addition, many of the current residents use their garages for storage and rely 100% on street parking. Even today it is often difficult to find street parking. I can't imagine what it will be like with 23 more apartments!! 4. There is currently no bus service tor the elementary school. The estimated 30+ new children will have to cross La Costa Avenue, which has two lanes that merge into one at the corner of La Costa and Romeria. This is an extremely dangerous area as these lanes merge on a downhill slope very close to this traffic light. Traffic on La Costa Avenue is already challenging. There are no calming devices to slow traffic and we are concerned about the large number of children that would be walking and crossing the road to go to neighboring schools. We want to ensure June 11, 2019 Item #12 Page 51 of 143 there is a plan in place to protect pedestrians and children in the community. 5. An additional 23 units built four stories high with balconies, walkways and staircases will negatively impact surrounding property owners with increased noise, light, traffic circulation, sightlines, and invasion of privacy. We want to ensure mitigation efforts are part of any planning process 6. The developer wants to use the buildings as retaining walls. Because of known water and erosion issues in th is area, it's concerning that a 4 story complex will be built on a pad that is already elevated 15'-20'. This year, the Los Angeles Times featured stories about several apartment complexes in California that experienced similar collapses of hillsides after heavy rain. The La Costa area has had these same issue in the past and we want to be sure that extensive engineering and soil reports have been done to ensure buildings will not slip onto Gibraltar Street, the adjoining complexes or the La Costa Golf Course. We would prefer that this project never be built; however, do understand the need for additional housing in our City. Before this project is approved, I'm asking that the City consider purchasing this property with the intent of officially making this a park. If this is not feasible, please have the developer and/or City resolve the aforementioned issues prior to approvaL ~~~~~r ~ur consid~ration @hn & Ci;d~~r~ June 11, 2019 Item #12 Page 52 of 143 1. ALL v,.,QRK SHALL BE IN COMPLIANCE WITH ALL APPLICABLE LOCAL BUILDING CODES AND REGULATIONS. CONTRACTOR SHALL BE RESPONSIBLE FOR PERMITS APPLICABLE TO SPECIFIC TRADES OR SUBCONTRACTORS 2. CONTRACTOR 'MLL HAVE EXAMINED THE PREMISES ANO SITE SO AS TO COMPARE THEM 'MTH THE DRAWINGS AND WILL HAVE SATISFIED HIMSELF AS TO THE CONDITION OF THE EXISTING WORK AN ADJACENT PROPERTY PRIOR TO SUBMISSION OF BID. NO ALLOWANCES WILL SUBSEQUENTLY BE MADE ON BEHALF OF THE CONTRACTOR BY REASON OF ANY OMISSION ON HIS PART TO INCLUDE THE COSTS OF ALL ITEMS OF WORK, EITHER LABOR OR MATERIALS, WHETHER THEY ARE OR ARE NOT SHOWN OR NOTED BUT WHICH ARE IMPLIED OR REQUIRED TO ATTAIN THE COMPLETED CONDITIONS PROPOSED IN THE DRAWINGS. 3. ALL SUBCONTRACTORS TO THE GENERAL CONTRACTOR SHALL INSPECT THE SITE AND SHALL CONVEY ANY QUESTIONS REGARDING DESIGN INTENT ANDS COPE OF VI/ORK TO THE ARCHITECT PRIOR TO SUBMITTING BID AND PRIOR TO COMMENCING VI/ORK. . -< ANGLE . " ~'i ~ii~~E IE! EKISTIMJ ... ev "BOVE ... e ... NCHOReOLT :g~~s ;;;i~iFJeLKJNa :go :~~=~ :~: :~~i~mw ,._FF ,._1101/EF~FLOOR ti· 114 BUII.OINOACCESSORV :~E :~~gl,A FOOTING ELEVATION BIJ BUMPERGUARO 811 B11UMINOUS BKT BRACl<ET BLOG BIJIUll~ BLKG BLOCKING :~w :~ BO BY OWNER BOF Bl'OWNER~UTURE BOT BOTTO!A BR BEOROOM BRO BEA!IINO BSMT B"8Er.1ENT ITWN BETWEEN But.L BIA.LETIN BUR BUl!.T-UPROOFING C CHANNEL COISPCUPOISPEMSER CAB CABINET CANTLCANTl.EVER CAP CAPACITY CAT CATEGOll"f CO COIINERGUARO CH COATHOOI{ CJT CONTROi.JOiNT Cl CONSTRUCTION f-~ •• ~,,~diog~G~nd~lin-,-, --~---~~.,-~~,,~ •• ~c~,.-.,~-------l a.o ~~~ A (Cb,d-...cl r-Revl-No, ~R ~1:i::TION 0-R.-ltlMq>lbi .. ) & CO CASEOOP'ENIHO ---~~ ii:•r1F 0 Window Symbol Malchline ~:: gg::~rc~~ ;-RoomNo. r=:::' ~~TCON~=TION ISh•dndJIO'li""---GSIM CONTR CONTRACT/OR '--1nr111>e1No. ~':;dr;::dl Ai'o1 Lsr.,....o:w ~fR ~~W" Typlcal(TYP.t CT CEIM,MICTILE Door Tag ~~~--------,CHI CENTER Room No Room Labf!J .,,,,,,..-NA'-IE g~tK ~l~~~R~~~E,l,TER ~ . NAME -NU!.IBER r:N CURTAINWALL 5, CONTRACTOR TO ASSUME SOLE RESPONSIBILITY FOR JOB SITE CONDITIONS / ~,ltn~t No, ] ARe! SJ_ AREA ~ ~~~~ER INCLUDING SAFETY OF PERSONS AND PROPERTY FOR THE DURATION OF THE ( '1 o OEPTHOR DEEP PROJECT. -----~-------i-------------40E"10 OEI.IOUTION Typical Wall Typn wan Tag Detail Callout Delol No. DPR OEPAESSION 6. CONTRACTOR TO NOTIFY ARCHITECT IMMEOIATEL Y ANO PRIOR TO ORDERING OF ALL __e-J-~IM ggT DE PAA TM ENT LONO LEAD ITEMS ANO OF APPROXIMATE DELIVERY OATES = l!".:.i!ii!I -~ ~lh 1 OF 4. CONTRACTOR SHALL COORDINATE THE WORK OF THE VARIOUS TRADES AND SUBCONTRACTORS AND SHALL BE RESPONSIBLE FOR ANY ACTS, OMISSIONS, OR ERRORS OF THE SUBCONTRACTORS AND OF PERSONS DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. 7. ALLCONSTRUCTIONMATERIALSANDSUPPUESTOBESTOREO,HANOLEDAND ~ ~ ~ Twe =--Allll SIIHI,..._ • ::0 ~ INSTALLEDACCORDJNGTOMANUFACTURER'S'RECOMMENOATIONS ------+-------1!--------------j:.' g Roof Tag Floor Tag Building Section O&SP DISPENSER R 8. IF ERRORS OR OMISSIONS ARE FOUND IN THE DRAWINGS, THEY SHALL BE BROUGHT SecOcn Na. 01ST DISTRIBUTION $' TO THE ATTENTION TO THE ARCHITECT BEFORE PROCEEDING WITH THE WORK. ~ ; Anllh ~ = T~ ~ E. 5:;EtaNG I 9. ~:~~<;,~~~~Tl~~~~~~~R~~~~~~g~~~L:~~~~~~~CTOR ~ R'"'1.,lllnc• A sr.ttNo. ~ I ~ =~ABlE i ADJUSTMENTS TO sE NECESSARY TO MEET THE DESIGN OBJECTIVES AND SHOULD ------'--------l;==========~=========~OR =ION ~ CONSIDERSUCHAOJUSTMENTSASINCLUDEOINTHESCOPEOFVIIORK. ElderioTElevatio~1 ElwNo. r FloorLevel ~ ~J~~~ ~ 10. WHEN SPECIFIC FEATURE Of" CONSTRUCTION ARE NOT FULLY SHOWN ON THE Olobal Elevation I Project ElevaUon owo OAA\M~ ii DRA'MNGS OR CALLED FOR IN THE GENERAL NOTES, THEIR CONSTRUCTION SHALL 1 AIOI 1 ~ol•_N<>le OIM.li DOWELS i BETHESAMECHARACTERASSIMILARCONDITIONS 1 51\fftNo. ~~:1::--s o!}."=, y ~ ~?c1TAICc.o.FJINET ; 11• ~~~~T~~~ENST~'!.::~~616~¢~~ ~::rr6~~~:~g ~f:Ti~~~~Lg~~S~g:~~~~~IFIC Interior Elevation North Arrow !tr i~t;J~~~CMllT I WORK. SEE SPECIFICATIONS AND GENERAL NOTES IN THE SUBSECTIONS OF THESE :i----Elev No. ~ T,uoNOftl ELEC ELECTIIICAL DRAWINGS e-ShHINo. Pre!oc\ncrlh ~~~ClEL~tl~ENCY 1 A1,1 ENCL ENCLOSURE I 12. ~~~1Ru~cRTgs~ !~~~LE~~~~~~YEsRHEg;,t~~~~1~;:~tci\!ERM:oou~~:6 :¢~~~E~1~ l--------'=------1-------------j ~grR ~~J~t~~iLouTLET 'e AND STATE REGULATIONS. Celllng Height Dimension String ~gUIP ~gt:~~ENT ] T 1• Fl I h ES ENOSECTION "" 13. CONTRACTOR SHALL PROVIDE ADEQUATE WEATHER PROTECTION FOR THE / Cellng Ht!Ghl o Slruclure ,o n 5 EWC ELECTRIC WATER J BUILDINGANDITSCONTENTSDURlNGTHECOURSEOFWORK. (ID f14!,112· L 314" L l~I tr.' I s..· I ~~ ~~~i~.t.~OI-ICN SDP 2018-004 0,._ GAUGE G,._L GALLONS G-'<LV GALVAN!ZEO Ge GRAOEBEAM GC GENERAL CONTRACTOR GEN GENERATOR GEN OENERAL Gl GI.ASS GW!o. GENERALWORK "~ GR GRAOE GVB GVPSUMBOARO GVPSKTO GVPSUM SHEATHING H HEIGHTIH!GH H!I HOSt:Ble l-0 1-U.NOORVER """""'""" tlJR HEADER 1-«M!I-WllMINlE Ht.I HOLlOWMETAl HORIZ HORIZOOTAL HPT HIGHPOWT ~ --"' """"' HTR HEATER ;:~~~NG IC INTERCOM 10 INSIOEOWAETER IN !OCH INSULINSUI.ATIOfl INT INTERIOR ISO ISOLATION JAN JANITOR JB JUNCTION BOX JST JOIST JT JOINT VV VVATORV LB POUND ~rr 1,1 MIOOtE MAN MANUAL MAR W.TE.RIAL MAX MUIMUM MBD MARKER80ARD MC MEoic..lECAlllNET MECHMECHo>.NICAl MEl!B MEMBRANE MEU IAEZZAlllNE MFR M,._NUFACTURER ~IIN M!Nf!AU~! MIR MIRROR MISC MISCELLANEOUS !~~ !!!]~~;: NA NOTAPPUCAeLE NIC NOT IN CONTRACT NO N\!MBER NOM NOMtNAL NRC OOISEREDUC:TION COEHlCIENT Nt NOTE NTS ttOTTOSCALE OC ONCENTER 00 OIJTSIDEOIAl,IETER Off OfflC:E otl CIVERHE.AO OP OPERABlE PARTITK»I OPER OPERATOR DPNQ OPENING OPP OPPOSTT£ oao CIVERROWROOF """" R RISER RA RETURN AIR R,._D RADIATION RB RESlllENTBASE RD ROOFORAIN RE RELOCATE EXJST1NO REC RECESSED REF REFERENCE ~EFR REFRIOEMTOR :::f ~~~=~E~~ ~~OD~=~ If 1~;;,: S SINl<ISIJPPLVFAN SCHEO SCHEOUI.E SO SHOWER DRAIN SOIA SMOKE C.-.MPER SDISP SOAPDISPENSEA SECT SECTION SECY SECRETARY SF SOUAREFOOT SFG STOREFRONT GLASS SH SHOWER $HO SHOWERI-IEAO SITT SHEET SHTG SHE.ATHl'-'G SIM Sl~,llA.R Sl SE.ALER SLllT SE.Al.ANT SLV SLEEVE SM SURFACE MOUNTED 600 SVBONORADE SP ST ... NOPIPE SPEC SPECIFIC,O,TIONS SPR SINGLEPLVROOF SO SOU ... RE SOVOSQUAREVARO 55 SERVICESINI( SST ST,._INLESSSTEEL ST STREET sn liTONETILE STC SOONO TRANSMISSION STOSTAN0,1.RO $TL STEEL STN STONE STNL STONE LEOGE STOR STORA(;E STR STRUCTVR,._l STS STEELSTRUCTIJAE SUPV SUPERVISOR SIJSP SUSl'ENOEO SW STEELWINOOWS SW SWITCH = ,onwooo SVM SVMUETRICAl T TOP l-'N TAHOENT TBO TACK.IIOARO TCAII TO'NEL.CAIMNET TOISP T1SSLIEOISPEHSER TOR TRENCHDAA!N lEL lELE.PHON'E TEMPTEMPERATURI! TEA lERRAZZO TG TONGUE& GROOVE THREli"IHREliHOLD TPH TOILETP ... PER HOt.DEA lR TREAC TR ... NSF TR ... NSFORMER TS TUBE SECTION TV lELEVISION l"YP l"YPICAL U URINAL UC UNDERCUT UFO UNOERFt.OOR =, U0 UNOEROROO~ UH UNITHEATER ~lli~~::o VC VAlVECA81NIET VENT VEt-lTlATION VERT VERTICAi. VEST VESTll!t.l.E V1ll VENTTHROVOli .. ,o, W WIOEFI.ANGE ~ =-w,o mTHOUl PB PUSH BIJTTON WC WATER CLOSET ~T ~~~~f~fETE a ~~ER~ ~~ ;~~~INAlE ~ ~:tt~~NT Pl.6 PVS"IER WHCH WHEEi.CHAiR PlW PLYWOOD WNTR WAlER HEATER PNI. PANEL WPR WAlEFiPROOF PR PAIR WR WASTE PREUM PRELIMINARY RECEnACLE PRESS PRESSURE WS WEATHERSTRIP ~~~ ;~~~N ~CT ~A=T PT PAINT TREATr.lENT PVC ~t~t~l ~ =~~DOW WI-IF ~BL~Dl'>'IAE b~ ~e ··! •• lh !I ~~~ ;~s ;~i•i;~ ~~i~~il~i Z§ ~t . • is s~~! i~ Iii lg ~-lg!U! ~m;i 1~~ih ~mu ~~.!~~ s,~fo ~ w • ~ ! ~ ~~ ~ {56! ~ o< 0 zu ~ <o ~ ~! ~ ~§ l ' ' ' ' F+"-+=--1 1 GENERALNOTEs[ sYMsoLSI ABBREVIATIONsj IA 1o710212ou1 ~ g ~ ~ g h t t~; §;~ ,,::; i '~ i. ~~ ~~ 0. ! _PROJECTADDRESS _C.LJENT ORAWINOSET llarc1,n,,ct,.-e 39"2c.r>lnodoulrefa~!IJ25300l~,1• 1703 • :l4M:,i:JI" • A SI\H1T\h_ ShNINl.ffl~ar I-REVISIONDATE j ROMERIA POINTE APARTMENTS ~~Cs~t~~~=LTAR, BNRDEVELOPMENT ~~~:,TIONARY ::::;111,,; ~~72 ~~-a11 : 1I1:0191:13:oo j DISCRETIONARY TITLE02 G-002 REVISION DATES ii. ' S PM REVIEW01 I I I I I June 11, 2019 Item #12 Page 54 of 143 CONSULTANTS LANDSCAPE ARCHITECT SUMMERS MURPHY & PARTNERS, INC. 34197 COAST HIGHWAY, SUITE 200 DANA POINT, CA 92629 PHONE: 949.443.1446 FAX:949.443.1631 CONTACT: PAT MURPHY ARCHITECT FOXLIN ARCHITECTS 392 CAMINO DE ESTELLA SAN CLEMENTE, CA. 92672 PHONE: 949.325.3001 CONTACT:JUINTOWLIN CIVIL ENGINEER MLB ENGINEERING 404 SOUTH LIVE OAK PARK RD. FALLBROOK, CA. 92028 PHONE: 760.731.6603 CONTACT: MICHAEL BENESH STRUCTURAL ENGINEER KURT FISCHER STRUCTURAL ENGINEERING 17547 VENTURA BLVD., SUITE302 ENCINO, CA. 91316 PHONE: 816.874.1445 CONTACT: KURT FISCHER CONSTRUCTION NOTES AND LEGEND NOTES 1. THE CONTRACTOR SHALL PROVIDE ALL LABOR, TRANSPORTATION, MATERIALS, AND SERVICES NECESSARY TO FURNISH AND INSTALL ALL CONSTRUCTION ELEMENTS AS SHOWN ON THE DRAWINGS AND SPECIFIED HEREIN. 2. ALL WORK SHALL BE PERFORMED BY A C,/11.JFOANIA UCENSED CONTRACTOR 3. CONSTRUCT/ON AND INSTAUATION OF ALL LANDSCAPE fTEMS SHAU. BE ACCORDING TO STATE, COUNTY AND LOCAL CODES, ORDINANCES AND UP TO CAL-OSHA SAFETY ORDERS REGARDING PERFORMANCE OF WORK. 4, THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAKING HIMSELF FAM/UAR WITH THE NATURE AND LOCATION OF Ail UNDERGROUND UT/UT/ES, PIPES AND STRUCTURES. THE CONTRACTOR SHALL TAKE SOLE RESPONSIBIUTY FOR ALL COSTS INCURRED DUE TO DAMAGE AND/OR REPLACEMENT OF SAJD UT/UT/ES, INCLUDING DELAYS. 5. ANY DISCREPANCIES BE1WEEN THE FIELD CONDITIONS AND THE CONTRACT DOCUMENTS AND/OR THE DESIGN INTENT AFFECTING THE SUCCESSFUL COMPLETION AND COST OF THE PROJECT SHAU. BE REPORTED TO THE OWNER (JOB SUPERINTENDENT) AND LANDSCAPE ARCHITECT IMMEDIATELY. ALL WORK RELATED TO THE PROBLEM AREA SHALL CEASE UNTIL THE DISCREPANCIES HAVE BEEN RESOLVE:O BY THE OWNER (JOB SUPERINTENDENT) OR I.ANDS CAPE ARCHITECT IN WRfTING. /WY CONTINUATION OF WORK PRIOR TO THE RESDUmoN OF DISCREPANCIES IS AT THE CONTRACTOR'S RISK AND EKPENSE. LEGEND t, C, es ,w ~ .. ~ M " " " "' U' " "' " " '"" .. -·- @ °"'""" fHSHHOOREI.EVATIO.~ GAIIAGEFlOOREl£VA110>1 ;~~~~~ Er!J£~!ta£VM~ OOTTOI.IOfSTEP CATCHBASIII FtllSHGflAOE ~=,a lO'NPOOIT fl.OOU~ ~r:'~<tl lOPOFGAATEElEVAlDI IINEJITaEY/itlON IIOHDSfA\ID.EVATlON :!~~':nONTM.DIST.-1«:EFERl'OF Undorgro1..nd Borvlc• Alorl @ c,n, TOU. FREE 1•800 422-4133 ~ ITT "" "'" " " " . " " -"'" ~ ,., ~ w "' .. "'' 0 0 EXISTI~GS?OTEtEVATlOH PROPOSEOSPOTE!.!:VATIOH "80ITT BEGINNIIIGOFCOOBRADllS rnoOFCURBRAOOS TOPOFCURB BOTTOl.!OFCllllB EXPANSiOIHOJrr SCOREJQj~ SAWCIJT '""' '""""' HEAOER """"''""""" 1.11110 ....... ""'""' """'--"""" """'""...,. FACEOF6Ul.Dtki ,--J,_,,,,,. l'IKl'OSEOCOllTOlll ,--J,_,,,,,. EXISTl«ltall"Olll (.f_~~!·~T~ e -OETALREFER~ -Sf!E.ETLOCATIOII ~-SECTIO>IREFERE!tt v""-s~ETLOCATlOll CLIENT ROMERIA POINTE APARTMENTS BNR DEVELOPMENT 23800 VIA DEL RIO YORBA LINDA, CA 92887 (714)692-9120 ROMERIA STREET & GIBRALTAR STREET CARLSBAD CALIFORNIA DRAWING INDEX SHEET SHEET DESCRIPTION VICINITY MAP LOCATION MAP TITLE SHEET Qr, " OC'-'""" l ,, l1,j' I '' \ ' ... ~ ;-,. .... -...... ,-.. SIT_: I ', ' -' ' ' ' ...... , ~=- CONSTRUCTION LAYOUT PLAN CONSTRUCTION LAYOUT PLAN CONSTRUCTION DETAILS CONSTRUCTION SPECIFICATIONS ""·'\\', -- , .. I r; ----:::::...i, PROJECT•~ ···\) ✓• ... _,o \ O'•'·•~':",_., •• ..,...~ .. ~, ½;? ·~•·" I o .. ~~-......... ,. ; 'Ii .,,/-~ .. ' \ 10 11 12 13 14 MAINTENANCE RESPONSIBLY PLAN TREE PLANTING LAYOUT PLAN TREE PLANTING LAYOUT PLAN SHRUB PLANTl°NG LAYOUT PLAN SHRUB PLANTING LAYOUT PLAN PLANTING DETAILS PLANTING NOTES IRRIGATION TITLE SHEET IRRIGATION HYDROZONE PLAN CITY or ENCINITAS PROJECT SITE CITY OF CARLSBAD STANDARD NOTES DECLARATION OF RESPONSIBLE CHARGE: CONSISTBIT ~ CURRENT STANDARDS. 'HEREBY DCCI.ARE lllAT I AM rne LICENSED DESIGNER or WORK FOR TIUSPAOJECT, ntATl HAVE EXERCISED RESPONSl!LE CHARGE OVER THE DESIGN Of TI11S PAOJECT AS DEFINEO IN SECTIOr-16703 Of TilE BUSINESS AND PROFESSIONS COOEANO THAT TliEOESIGN IS IUNOERSTANOTliATTHE CHECK OF PROJECT DRAWINGS ANO SPECFICATIONSBVTHECITVOF CARLSB.-.O ANO s.-.N DIEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH IS CONFINED TO" REVIEW ONLY ANO DOES NOT RELIEVE ME, .-.s THE LICENSED OESIGNER OF WORK, OF MV RESPONSIBILfTIESFORPROJECTDESIGN. THESE PLANS HAW BEEN PREP.-,RED IN SUBSTANTIAL CONFORMANCE WtTH TliEAPPROVED LANDSCAPE CONCEPT PLAN, WATER CONSERVATION Pl.AN, FIRE PROTECTION Pl.AN,AND ALL CONDITIONS OF APPROVAL RELATED TO LANDSCAPING. ev: PATRICK C.M. MURPHY (\__lt-._ ~ PHONE NO: J!!t_ 443-1446 REGISTRATIONNO: _18_,1 __ ~ EXPIRAT!ONOAT£: JULY31, 2020 (j WATER EFFICIENT LANDSCAPE DECLARATION: I AM FA.MN.WI WITH THE REOUIREMEITTS FOfl U.NDSCAPE AND IRRIGATION PLANS CONTAINED IN me arv OF CARI.SBAO'S lANOSCAPE I.IAHUAL & WATER EFFJCIENTU.NDSCAPE REGULAIDNS. I KA.VE PREPARED THIS Pl.AN INCOMPI.IANCE WITH THOSE REGUI.ATJONSANO THE LANDSCAPE tMNIJAI.. ICERTIFY"TWiTlHE Pl.AN lMPl.llMEUTSTHOSEREGUl.ATIONSTOPROVIDEEFFICIENTUSEOFWATEf\_ LI BV: PATRICK C.M. MURPHY ~ ~ PHONEMO: ~ 443-1446 REGISTRATIONNO: _10_,1 __ _ EXPIRATiotHlATE: JULY31.2020 () _S_t,JBSURFACE IB._RQATIQN NOTE: THIS Pl.AN SHA\.\. PROVIDE TKl<T ONI.V SUBSURFACE IRRIGATION SHAU. BE USED TO IRRIGAT'EA>N V.:GeTAT10N WITHIN "TWENTY-FOUR INCHES (24") OF AMY IMPERMEABLE SURFACE UNLESS THEAOJ.1,.Cerf IMPERMEABLE SURFACES ARE OESlGNEO ANO CONSTRUCTED TO CAUSE WATER TOOR-'IN Et-l'"MELVINTO A LANDSCAPED AREA. SMP .,_. I BACKFLOW PREVENTER TESTINGl ALL IRRIGATION IIJICKFLOW PREVENTERSSHAU. BE TESTED BV A CERTlflEDTESTER ANO RESULTS l,IUSTBE GIVENTO THE CITY ANO THE CAALSB.A.0 MUNICIPAL. WATER DISTRICT. PIPEBETWE£NTHEMETER AND BACKFLOW PRE\/cNTER SHALL BE "SCHEOUIJaK HARO COPPER". APPROVEO CONTRACT BACKFLOW TESTERS CAN BE FO\Jml ON TI,E CITY WEB SITE AT: HTTl':UW,i.W.CARI.SMOCAGOVISERl'li::ESJDEPAATl.!ENTSIWAnAIOOCUI.IE/ITS\CIECYCIEOW,<TE/lMCKFLOWTESrERUST.POI' FORRECVCLEOOR HTTP:IM'l'.W.CAlll.SSI.DC.<.GOVISERVK:E-S'OEPAATMEHl".S.M'ATER,OOCUl,/!'NT&WAl"EllMCKFl.OWTESTEllUST.POF FOR POTABLEORCALL(760)43&-2122. INSPECTION PROCEDURES: INSPECTION PROCEOURES: INSPECTION OF TliE PROJECTSHl<LL BE PERFORMED BVTHE U.NDSC.oJ'E ARCHITECT OF WORK, OR HIS OESIGNATf:0 AGE ITT. REFER TO TIIESP£ClFICATIONS FOR THE SCHEDULE OF REQUIRED INSPECTIONS ANO REQUIRED llUSMITTALS. FOLLOWING COMPLETION OF THE WORK, THE WJDSCAPE ARCHITECT OFTHEWORKWILLCERTIFVTliAT TI1E INSTALU.TlON HAS BEEN COMPLETED BV SUBMITTlNC THE "CERTIFICATION OF COMPLETION" FORM. A REQUEST FOR A FINAL lANDSCAPE INSPECTION EIVTHECTTYMUST ALSO BE MADE BV CALLINGTHEINSPECTIONREOUESTLINE. "CERTIFICATION OF COMPLETION" FORM FAX TO: neO\ IM4-IIIM3. LANDSCAPE INSPECTION REQUEST PHONE LNe:f7MJ~602. PRIOR TO BEGINNING LANDSCAPE WORK: nfE CONTRACTOR BH"LL CONTACT THE OESIGNEJil or WORK ~~~:L~G!=~C~~==OF REVISE Pl.ANS ACCOAOINGL V TO F\Jll V 9CR£EM ALL IIT1LfTES FROM \'1EW ANO PROTECT ALL UTILITIES (A90VE & BELOW GRADE) FROM INVASIVE Pl.ANT GROWTM N-40 ROOTS. MAINTENANCE NOTE~ HOME OWNERS ASSOCL'ITION tKOA) Wll.L BE RESPONSIBLE FOR MA.ltfTENA.NCEOFALLLANOSCAPEAREAS. ;=;== I -f--~ (0 ~ ~ ~ u ~ 0 ~I V)~ ~ ~ ["'ml I CITY OF CARLSBAD 11 '""" I f--j--+----------j--+--+--+--ILJ_J_ PV,NNIN<H>M:IIOPI • 14 ROMERIA POINTE APARTMENTS 23800 VIA DEL RIO TITLE SHEET YORBA LINOA CA. 92887 APPROVED: I 111NMUlll,IIIR~lfY&,ARTHE!IS.INC. M1tlPACIFICCW.STHWY.SIJl1Elm llAIU.POINTCA121211 (MiJ"4)-1"41 BNR DEVELOPMENT ~~l~~~~~~~~~~~i~i~§~~~ ROMER/A AND GIBRALTAR, CARLSBAD I TELEPHONE: 714.692.9120 ~~~"~"§""';;;~;~;;~~;;;;;;;;;;;;;;;;;-=!-I ~ I OATEPLANPREPARED: ,nRuAIIY».:a,. ~~ DATE -DATE HTW. 11JWN1m -~-11 PROJECTNO. I~ ev: GLU.1L11S11.1un,nv&,..,.,,....5.tHC. DUIGH(ROI'-REVISION DESCRIPTION OTH!R...,.~0¥111. crr,......,IIDVAL "c·==:;,=• =':'=• =Jl., _____ J!L _______ _J_J June 11, 2019 Item #12 Page 80 of 143 I. GENERAL A.~IRelaUonshlp In lhe perform.ince of this contract, Contractor shan hold landscape Architect and Owner hannlessfromanyandaDl!ablilly,costsandchargesarlslngoutol,orlncormecllonwllh, conlraclors,amployaes,orft'sagent'snegllgence,omlsslons,errors. B. ErrorsorConnlc\s lfanyerrorsoroonTilclsaredlscoveredlnlheplansornotes,lheyshaUbelnlerpreledsoas loaccompllshtherealpurposeorlhoseplansandnoles. C. Add!llons,DevlatlonsandAlleraUons Nodevlatlonsoralteratlonsfromtheplansandspecll)caUonswlllbepermlUedunless authorized by lhe Owner or lhe landscape ArctillecL Should devlaUon from plans and notes become necessary due to connlcUng site condlUons, Owner and landscape Architect shall approvelnadvanceanysuchdevlaUon. Noaddltlonalworkwllbeaulhorizedwllhoulthe e)(presswrittenaulhorlz:atlonfromthe0111ner. D. lnlerpre!atlon The Contractor shall comply with the obvious Intent and meaning ol lhese plans and speclflcalionswhlchshallbeconstl'\Jed1olncludeall1abor,material,toolsandequlpment necessary to complete lhe work speclfled herein in a wolkmanllke manner !n e!rlct accordancewi!hplansand notes, Should any questions arise as to the Intent and lnlerpretalionorlheseplansandnotes,ContraclorshaUrefertoOwnerandLandscape Archltectwhosededslon1hereonshanbeftnal. E. ObservaUon and Rejection of Materials and Worl<manshlp All materials and worl<manshlp furnished or performed by Contractor shaD be subject to flnal observallonandacceplancebyOwnerandlandscapeArchltectuponcompleUonofan conlract111or1<whelherprevlouslypaldforornot.AtanyandallUmesduringlheperformance ollhlsconlract,ContractorshallmakeevallablerorobservaUon,testandapproval,materials andworkmansh!p.Fallureofsuchobserverstomakeobservalion,testsorapprovalsshallnol prejudlcetherighloflandscapeArchltactorOwneronfinalobservalion.Contractorshall prompUy replace any and all material. worl<manshlp and equipment which does nol conform totheplansandnotes.Allmaterialsusedonthlsconlractshanbenewandlhebestmalked qualityunlessspecifledolheiwisa. F. Samples When so required by the Owner or landscape Archllect. Contractor shall submit lor approval sempl!!soflhevariousmaterials,andspeclfyfln!shlhereon. G. localCodes An construction shall conform to all local building codes and ordinances. I! ls Conlraclo(s responslbnlty to verify all codes prior to commencing woril, H. UUlllles ContraclorshatlberesponslblelorverlfylnglhalocatlonofallundergroundulffiUes,electric cables,condulls,sprinklerllnesandallulll!tyl!nespriorloanyoonstl'\JCUon. I. RemovalofDebrisandaean-Up Contractorshalllhoroughlycleanandkeeprreeofdebrisandwastemalerialanllre constructlonareatothesalisfacUonoflheOwner. J. General The general cond1Uons and any special condlllons that Owner may require shaU apply wllh lhasamarorcaandeft'ectaslhoughwrittenlnfuUherelnforanconslnJCUonsecUons, II. SITE EXCAVATION AND ROUGH GRADING Scope of Work -Provide all labor, materials, tools, equlpmenl lransportaUon and necessary lncldenlalsforlhecompleUonofallclaaring,slrlpplng,e)(cavallng,backmllng,gradlngand rel a led work as shown on lhe drawings, Including but not llmlled lo the fol!owlng: A, ProtecUon of all curbs, walks, waits, Sll'\Jclures and olher exlsllng walk which Is to remain. B. Clearingandslripplngslleorbrush,debrisandolherforelgnmalerlalsasoullinedlnlhe drawings. C. EJ<cavaUonforanroundaUonsandfooUngstolhedlmens1onanddeplhshownonlha drawings. BoUomsofe)(cavaUonsshallbesmoo\handlevel.AllloosemalerialshaTibe removedlherefrom, D. Subgrades shall be watered and compacted lo a relaUve compacUon of 95%. E. SubgradesunderaUpavlngshallbelruelogradeandcrosssecllon,herd,unlformand smoolhprlorloplacemenlofbasemalerial. F. Backnlllng or all e)(cavaUons and trenches after placemen! of foundallons, walls, walks, utlHUes,elc.,asou\Jinedonlhadrawings.Compacllonorbackmlshallb1:1lnaccep1anc1:1wlth Englnee(sspecificaUons. G. Gradlngofareas!ndlcatedlnthedrawlngslnclud!ngbrlnglngeJ<lsUnggrades\owl(hln 1/10 foolplusorm!nus.F!naldeslgngradesaslndlcatedonthedrawlngs. H. Stockplnngolexcavallonmaterialorlmporllopso!lmJandsandshallbeasouUlnedonlhe drawlngsorasapprovedbylandscapeArch!lect. I. Clean up and remove an debris and surplus material and remove from site. 111. DRAINAGE Scope of Wolk-Provide all labor, materials, tools, equipment, transporlaUon and necessary lnclden1als for the completion of all drainage sys le ms as shown on the drawings, Including but nolllmltedtolhefollowJng; A. Materials 1. Aaylonlta Bu ta lane -Styrene (ABS) Schedule 40 drain pipe, perforated or non-perforated In diameters shown on the drawings. 2. BaslnsandDralns-HlghlmpactplasllcStyrenedralnbaslns,cetchbaslnswllhgrates,hlgh lmpactplastlcStyrenedeckdralns,and/orprecastconcreledralnbo)(andcatchbaslnsand cast Iron grate In diameters and sizes as shown on lhe drawings. Stainless steel or brass deckdralnslnhardscapeasshownonlhedrawlngs. B, TrenchlngandlaylngPlpe 1. Trenches to pitch a minimum-of 1/8" per loot unless olheiwise Indicated on 1he drawings, Contraclortoverifyal!lnverlelevallonsandtrenchdepthpriortoe)(cavaUon. 2. Bollom of trench shall be smooth and conllnuous to flow direction. A hollow shall be made lo recelvebellofp!pasolheJolntwlllnotbearuponlhesubgrade.Adjustmenlslollneandgrade shallbemadebyscraplngawayorfilllnglnwllhbackfiflunderlhebaseoftneplpeandnolby wedglngorblocklng. 3. Trench material shaU be used for backml. However, no rocks or lumps shall be used. Welded Jolntsshallbeglvenatleast15mlnutesselupbeforahand11ng.Abovelhelevelofln1Ual backfill,the!nlnchmaybebackfilledwllhlrenchma1erial. 4. Compacfion -CompacUon by tamping shan not be done In layers exceeding e!ght Inches In loosedeplhwllheachlayerlhoroughlycompactedbetween. c. Clean-UpandTesUng 1. Priorlocoveringoftrenches,dralnllneandbas!nsshalbecheckedtolnsureproperllowand watertlghlness, 2, Theplplngsystemsshanbenushedandcleanedprior1oconnecl1ngloexlstlngdralnline, calchbaslnorslormdralnsystems. 3, Upon compleUon of walk, remove debris, tools and surplus ma!erial from slle. IV. CONCRETE Scope of wolk -Provld1:1 all labor, materials, tools, equipment, transporlaUon and necessary lncidenlalsforlhacompleUonoranconcrelenatwolkasshownonthedrawlngslnciud!ngbut nolllmlledlolhefollowlng: A. Materials 1. Cement-Standard Portland Cement, perdeslgneUon C-150 of the ASTM Type II, 111, orv," low alkali, slng!e brand throughout. Rarer lo Soll Eng!nee(s Report for RecommendaUons. 2. Aggrega1e -ASTM Spec!flcallon C-33 3/4" maximum site. Decorallve aggregates or pea rock as shown on drawings. Fine natural sand, well graded conforming lo ASTM C-144, 3. Waler-Walerusedshallbeorpo!ablequal!ly. 4. Steel-Relnlorclngsteelfordecksandwalkslobelnlermedlalegradedeformedbars conforming to ASTM A-615 and/or Grade 40. Mesh ASTM A-496, site where shown on drawings. 5, E)(panslon Joints -Asphall lmpregna\ed fell. Polyle!t Elhafoam as lndlcaled on Iha drawings. 6. Con!roIJoln1s-Sawcutjolnl1/4ofslabthlckness. Handloo!edscore/olnls1/4"deep minimum where shown on lhe drawings·. 7. Cold Joints• Bult type, butt type wllh dowels. Screed key joint as Indicated on lhe drawings. 8. Joint Sealant-Two parts Po!ysulRde sealant as manufactured by Thiokol, Class AS, sell level!ngormulU-parlpolyurelhaneconstrucUonsealanlbyl.M.Sconeld,lnma!ch)ngcolor. 9. Curing Ma(erial -Hunts process MD7C, 'Uthochrome' color wa)( for color cond!Uoned concrelebyl.M.Scofleld,lnmalchlngcolorofconcreleaslndlcaledonlhedrawlngs. 10, Color Cond1t1oned Concrete -'Chromlx' admixtures for Integral colored concrete by l.M. Scofield Company. 11. Dust-On Color. 'Ulhochrome' color hardener by l.M. Scofield Company. 12. Surface Retardant-'Ulhotex' tap surface retarder as manufactured by l.M. Scofield Company, or'Slka' surface retardant or 'Rugesol' as manufactured by Slka Corporatlon. B, Subgrade Grade all subgrades to a uniform depth and compaction. Mols1en all subgrades prior to pourlngofconcrele. 2. Cuta!lfooUngslnundlsturbedorcompactedsoll. 3. Place sand or aggregate base as shown on the drawings and as speclflad by a Solis Engineer. C. Forms 1. Useonlyflnlshedlumber. Setallformstruelogradeandposltlon. 2. Molstenallformspriortopouringofconcreteoruseapprovedformreleaseagenls. D. E)(panstonJolnts 1. Placeaxpanslonjo!nlslnconcreleatln\ersecUonofconcreteandflxedstruclures,1.e., garage,walls,baseofsleps,poolbondbeamaslnd!catadonthadrawlngs, 2. Placeconlroljolntlnconcrelenotloe)(ceedahoriz:onlalspacingasspecl!ledbyasolls engineer. 3. PlaceconslrucUon/olntslnconcretewherecaslingonconcrelelslobestoppedand subsequentcasUnglstobeslarled. E. Concrete 1. ClassAconcreteshanconta!nnotlesslhanSsacksofcemenlpercublcyardandbe proportioned to attain a ma)(lmum cylinder strength of 3,000 PSI In 26 days. Compressive strengths are to be delermlned In accordance with ASTM C-39. The slump shall not exceed 4". 2. Concretem!J<lng-Alltransrtmlxedconcreleshallbemlxedenddeli-..eradlnaccordancewlth lhe requirement of Standard Speclncallons for ready ml)(ed concrete ASTM C-94. F. ConcreleFlnlshlng 1. Broom Finish -Tamp fresh con ere le with heavy melal grid. Screed wllh straight edge to removeall!rregularitles. Ffoetloesmoolhsurface,steellrowel,andedgetoanevenhard surface. Score as Indicated on drawings. Use a new man Ila hemp brisUe broom. Brush mar1<Ingsonslab!nunlformfashlonasshownonlhedrawlngs. 2. Rock Salt Finish -Tamp fresh concrete wllh heavy melal grid. Screed w!lh stralghl edge lo removealllrregularilles.Floatloasmoolhsurface,steeltrowe1andedgetoanevenha1d surface. Score es Indicated on drawings. Hand broadcast rock sail In even distribution and \ampfn.Washoffconcretewllhenoughpressuretodlssolverocksallallerconcretehassel. 3, Pea Rock Retarded Finish-Tamp fresh concrete with heavy melal grid. &:reed 1111\h straight edgetoremovealllrregulariUes.Floalloasmoolhsurface,sleellrowelandedgeloanevan herd surface. Applysurfacerelardanttoflnlshedsurface,priortolnlUalsetpermanufacture(s recommendations, l.M. Scofleld, using sprayer, providing even dlslrlbullon. Revaal aggregate byuslngwater)etandcoarseflberbrushtoremoveretardantpaslelromsurface,wash!ng thoroughlyunlllsurfacelscleanandexposuralscomp!etaandunlform. 4. Hand Seeded Aggregate Finish -Tamp fresh concrete with heavy metal grid. Screed with stra1ghtedgaloremovealllrre_gularllles. Floattoasmoothsurface.Handseedsurlaceln unlformfashlonoverenUreareakeeplngstone112"mlnlmumfromedgesande)(penslon Joints. Tamp aggregate to a uniform depth below concrete surface. 5. Stamped Concrete -Tamp fresh concrete with heavy melal grid. Screed with straight edge lo removaalllrregularitles.Floattaasmoolhsurfece. App!ycolorhardener'Lllhochrome'by l.M. Sconeld by lhe dry shake method using a minimum ol 60 pounds per 100 square feel. Apply In 2 or more shakes and float after each shake. Trowel only alter nnal floailng whl!e concrete Is sllll plasllc using Imprinting tools lo make pattern as shown on the drawings. Apply color curing compound 'Ulhochrome' color wax by l.M. scone Id Company using roller or sprayer. lf'BomacfOn' type surface Is shown on drawings, a release agent must be applied priortolexlurlnglheconcrele, ColorcuringcompoundmaybeopUonal,aslndlca1edonlhe drawings, SMP ~UMMEll,.,MOIIPHV & P_.,IUHEIU, ll,IC J••erPAClFICCOASTKWY,SIJIT!,200 OA~POINTCAi2821l (!MUJ◄ •J..1◄•6 6. Sand Finish-Tamp fresh concrete with heavy metal grid. Scre1:1d wl(h straightedge to removea11Irregu1arilles.Floatloasmoolhsurface,slae1lrowelandedgetoanevenhard surface. Prlortosel,Ughllyspongesurfacelorevealsmallsurfaceflneswhllenolexposlng aggregate. Altemalemethod,allerlnlUalsel,suriacelobewashedwllhadUuledsolutJonol murlaUcecidandwater,andbl'\JshedlorevealsurfaceHnes. SurfacemuslbeconUnuously wettoavo!dacldbum. F. Clean-Up Upon compleUon of work, remove ell forms, debris, materiel and tools from site. V •. BLOCK MASONRY Scope or Wolk-Provide an labor, materials, tools, equipment, transportallon and necessary lncldenlalsforthecomp1aUonofallblockmasonryasshownon\hedrawlngs,lnciudlngbu1 notl!mltedtolhefonowlng: A, Malerla!s 1. Slump block unlls meeUng grade A, ASTM C-90, concrete block units Grade A, ASTM C-90. 2, Cement-S1andard Portland Cemen1 ASTM des!gnaUon C-150 Type I or II, low alkalJ. 3. Sand-Clean, well graded ASTM designation C-144. 4. Water-Waterusadshallbeofpotablequallty. 5. Stael -Relnrorced steel for wan to be Grade 40 deformed bars ASTM deslgnaUon A-165, 6. Concrete -Class A concrete minimum 2,000 PSI at 26 days. 7. Mortar• by volume, freshly prepared, un1formly mixed In ratio 1 part cement, 1/2 part Hrna putty, 4-1/4 parts sand, conforming to ASTM C-270. Omit Mme putty If p!asUc cement Is used. 8. Grout-byvolumafreshlyprepared,unlfom,lyml)(ed1parlcement,3partssand,2partspea gravel. B. Laylngo!Masonry 1. layalfmasonryslra!gh\and1ruetoQnewlthvertrcal/olntsplumbovereacholher.Horizonla1 Joints shan be level. Headers and comer units to show finished faces where exposed. Joints andbondpallemlobeasshownonlhedrawlngs. C. Reinforcing 1. All bars In masonry shall be lapped a minimum of 40 bar diameters. Dowels for walls and columns to be same size as waH relnlorclng. Refer to Sll'\Jc\ural Englnee(s speclncaUons for alls!ee!slzesandlocatlons. D. CulllngofMasonry 1. No cutting of masonry units shall be allowed unless shown on Iha drawings. E. GroullngofMasonry 1. Groutallcellswllhvertfcalstealsolldasshownonlhedraw!ngs. 2. Groutallcellsbelowgradesolld. 3. Provide minimum 3/4~ between steel reinforcing and blocks. F. Weepho!es 1. Open joint weep holes at 32" O.C. ma~lmum on bottom course or retaining walls with 1 cubic foot gravel If shown on drawings or approved drainage system per Structural Englnee(s spedncaUons. G. Expans!onJolnts 1. Provldevertlcale)(panslonjolntslnwallperlocalcodeandSlrucluralEnglnee(s speciflcallons. H. Waterproofing 1. Waterproof all retaining walls below grade with asphalt emulsion, 2 coals. I. Cleaning 1. Clean an masonry wor1<, remove all morlar stains. 2. Upon complellon ofwor1<, remove ell mortar droppings, debris, materiels and tools from site. Vl. BRICK MASONRY Scope or Wor1< -Provide aa labor, materials, tools. equipment, transportallon and necessary lncldenlals for Iha complet!on of ag brick or stone masonry as shown on Iha drawings, lnciudlngbutnotl!mlledlolhefollowlng: A, Materials 1. Brick or stone conforming to ASTM A-62 grade MW as shown on lhe drawings. Cement-S!andard Port!and Cement ASTM ~eslgnatlon C-150, Type II, Ill, or Vlow alkaH s!ngle brand throughout. Reier to Sol!s Englnee(s report for recommendations. 3. Sand -Clean, well graded ASTM deslgnaUon C-144, 4, Water-Waterusedshallbeolpotablequaity. 5. Steel• Reinforced sleet for walls to be Grade 40 deformed bars ASTM deslgnaUon A-165. 6. Mortar -by volume, freshly prepared, uniformly mixed In ratio 1 part cement, 1/2 part ~me putty, 3 parls sand, conforming lo ASTM C-270. Omit llme putty !f plasllc cement Is used. 7. Grout -by volume, freshly prepared, uniformly ml)(ad In ratio 1 part cement, 3 parts sand or 1partcemant,3partssandand2partspaagrevel. B. lay!ngofBrick 1. layaDmasonrystralghtandlrualolinewlthbrickvertlcal]o!ntsplumbovereacholhar. Horlzonlal Joints shaD be level. Headers and comer un!ls to show Hnlshed faces where e)(posed. Jolnlsandbondpattemlobeasshownonthedraw!ngs, C. Reinforcing 1. All bars In masonry shall be lapped a minimum of 40 bar diameters. Dowels for walls and columns lo be same size as wall reinforcing. Refer lo Slruclural Englnee(s speclncaUons for allsleelslzesandlocallons, D. CutllngofMasonry 1. UsemasonrysawforbrickculsunlessspeclHedolheiwise.Brickscullesslhan 1/2Ienglh shannotbeused. S!onelobeculwllhchlselandhammer. E. GroullngolMasonry 1. Groulcorewaasso!ldasshownonlhedrawlngs. 2. Provide minimum or 2-1/2" grout space between double bllck wans. Provide minimum 314" belweensleelre!nforcingandbrick. H. Wa!erprooflng 1. Waterproof ell rala!n!ng wans below grade with asphalt emulsion, or other as specified by Soils Engineer. I. CleanlngandSeallng 1. Clean ell masonry work. Remove ell mortar stains. Remove a\kell wllh soluUon or muriaUc acid and waler. Apply clear sealer lo exposed surfaces If shown on the drawings, 2. Upon comple~on of wor1<, remove all mortar droppings, debris, materials and tools from slle. VII. CARPENTRY Scope ofwolk-Provide aU labor, materials, tools, equipment, transportation and necessary Incidentals for completlon of all carpentry as shown on Iha drawings. A, Materials 1. Wood -rough sawn, resawn, surfaced 4 s!des where shown on Iha drawings, straight, sound,lree lrommalks,plnheadknols,sappockets,sllvers,andchecks, Se!actgradaor betlarwhereshownonlhedrawlngs, 2. Douglas Fir, Redwood, Weslem Red Cedar or as shown on the drawings. 3. Posts, Plates and other at-grade connections to be Redwood, Weslem Red Cedar or pressurelrealedDouglasF!rasshownonlhedrawlngs. Hardware -column bases -'Simpson S!rong Tie' or equal. Post caps and strap Ues -'Simpson S!mng Tie' or equal Joist hangers and heavy angles -'Simpson Strong Tie' or equal. Screws, hinges, nails, bolts, and washers. All hardware material to be galvardz:ed. 5. Slalnandpalnt-asselectedandshownondrawlngs. 6. Concrete• Class A minimum 2,000 PSI at 28 days. B. RoughCarpentry 1. Set aD posts, beams, ralls and framing plumb and true 1o line as shown on lhe drawings. 2. ConnecUons -make all connecUons as shown on the drawlngs.spnce lumber at posts only. UUl\zeallnalland/orbollholesforallhardware. 3. Ease all lop edges or exposed lumber for bench lops, low wells, etc., where surface contact Is provided. 4. Post base -set post column base as shown on drawings, providing minimum 1" dear all sides fromflnlshedpostbaselotopofpavlng. 5. Counterslnknallsandbo11slnalllocallonswharesurfacaconlactlsprovlded,l.e.,benchlop etc. VII, METAL WORK Scope of Wor1< -Provide all labor, materials, loo ls, equipment. transportaUon and necessary lncldenlals for compleUon of aU metal work where shown on the drawings, Including but not llmlled\olhefoQowing: A. Materials 1. Steel lubing In sizes shown on Iha drawings ASTM deslgnaUon 500 and/or hand forged, cold rolfedwroughllronlnslzesasshownonlhedrawlngs. 2. Hardware -hinges, latches, bolls, washers, screws, ale., to be heavy duty. 3. Concrete • Class A concrete minimum 3,250 PSI al 26 days and/or 'Par-Rock' as shown on Iha drawings. 4. Paint -Zfnc Chromate primer, 'Rus1oleum' finish surface coats or equal. 'Melallzlng' or galvanfzlng or powder coating II shown on the drawings. B. FabrlcaUonandlnstallaUon 1. Contractor shall make an measuremenl for fabricaUon In Oeld prior to starting work. 2. Horizontal bars to !aper w!lh grade or step with grade as shown on lhe drawings. Vertlcal bars to be plumb. C. Welding 1. Wei ding to comply with the requirements of slandard code for ARC and gas welding. 2. Weldtoonlyciean,rusl-lreesurface. 3. All welds to be conUnuoua and free of cracks, craters and poro~lty. Teck welds not acceptable. 4. Gtlndsrnoothallexposedwalds,matchadjo1nlngsurfaces. 5. Plugallopenendsandtops,andweld. D. Painting 1. Prime an metal won< with one coat Zinc Chromate primer. 2. Paint an metal work wllh 2 coats 'Rustoleum' In semi-gloss or flat as shown on Iha drawings, Paint to be 4 mlls minimum dry thickness each. 3. Primeandpalnlperabove,a\lfle!dwelds. E. ProlectlonandCleanup 1. Prolecla!le,dsUngworilfrompalnloverspray. 2. Oblaln Fire permit where required for on-slle welding, 3. Upon complellon of wor1<, remove all scrap Iron, debris, materials and tools from site. ~1 CITY OF CARLSBAD I['"'"' I ~===i===~====================i===t===+===t==1 ~. P1.ANHIHllDMS40M . 14 r---t--+-----------t--t--+--t--ill.ANDSCAPEIMPROVEMENTPL.ANSFOR: ROMERIA POINTE APARTMENTS B~:8~~~~=~~~ j R~"b~R;~:~gT~~~i:~1~•1~:i~~~D YORBA LINDA CA, 92887 [APPROVED: II -------''""""'-'"'""'·'='" ~-=$"~"'~""~~;;;;;;~~;;;;;,;;;;;;;J. I DATEPLANPREPARED: FEIIRUA11Yi,,mo ~ o.o:n; IHJTI.'\. llATl1 l'lTIAI. IIIW>IIN: :~: II PROJECTNO. IIDRAWINGN0.111 BY: sumIERSIU\JRPHYlPARTtlEllS,mc. DtslGNEROFworuc REVISION DESCRIPTION orn~RAPPROV-'1. CITY•••ROVAI. ~)==~~--='"=' =H .. _____ Jl ____ _JI I I June 11, 2019 Item #12 Page 84 of 143 I, GENERAL SITE PLANNING The Owner shaU have a soll analysis made Eifler compleUon al the rough grading. Toe Contractor shall Incorporate all soil amendments and fertilizers prescribed herein. The so11 preparaUon specified below sha!lbeadjustedaccordlngtot11eanalysls,afterapprovaltromlandscapearcflllact. A. Weed Control for Lawn, Shrub & Ground Cover Areas (Except Slopes) 1. Remove all existing weeds from surface. Remove all roots of Bermuda.Johnson Grass, etc. anddlsposeofolfslte. 2.lnstalllrrlgatlon. 3. Fertillzeallshrub/groundcoverareas. Apply10lbs.of16-20-0commerdallertlllzerper1,000 sq.ft.orasdlrectedbysollsreport. 4, Water all shrub/ground cover areas for three (3) weeks lo QBrmlnate weed seeds. Apply water atlowratetoavolderoslon. 5. Licensed applicator shall apply systemic weed killer to all p!anUng areas per manufacturer'sspadncauons. B. SollPreparallon&FlnlshGradlng 1. Rough grade; Sile to be received by Landscape Contractortowllhln 1/10100! plus or minus byownerbaseduponClvilEnglneer'sgradlngplan. 2. FJn!shgrade: Flnlshgradlnglocons!slofgradlng,raklngandhandworknecessaryto achlevedeslredcontourandllowllnepatterns, bosaduponClvilEnglneer'splans,resulllng lnevenlyllnlshedsurfacesfreeoldebtlsandllller, 3. Spreadoveralllawn,shrubandgroundcoverareas,amendmenlsandfertll!zerp<escrlbedln soils report. Thoroughly mix Into soil to depth to of 6' or more and fine grade. Shape mounds as shown on plans. Contractor lo lmpor1 soil necessary to attain design grades and berms, all Import soil shall be free of we ads, debris, ar,d have balanced Ph. Smooth and even gradlngwlthouldepresslonsorhlghspots,toprovidesmoo!handevensurlaceslorproper drainage. Final grade shall be 1• below walk/top of curb. Remove from ttie slle ell stones over2'Jnslze. C. PlanUng P!anttrees,shrubsandgroundcoverascalledforwherelndlcatedonPlanUngPlanandasdetalledon Planting Detail sheet Subslllul!ons ol plan ls will not be accepted unless approved by Landscape ArdillecL 1. GroundCover-Flalsand/orCulUngs AllplanlmalerlalsspeclnedasrooledcullingsorllalstockonPlanUngPlanshanramalnlnlhe flatsunlllllmeoftransplanUng. Thenatsollshallcontalnsufflclentmo!sluresolhatsolldoesnot fallapartwhenlllllng p!anlfrom Ila!. Groundcovarplantssha/lnotellowedtodryoutbeforeor whllebelngplanled. Roo!sshallnolbeexposedlolhealraxceptwhlleacluallybelngplanled. W!ltedplantswlilnolbaaccaptad. AltheUmeofplanling,!hesollaroundeachplantshallbe flrmedsufnclentlyto force outafrpockels, Plants lobeplantedlntrlangularspacfngasspeclITed O.C. (On Center), All cuttings shall be minimum ol 6' long. Install plants In 6' X 6" plan ling plls. Water Immediately after each planl!ng un111 one Inch of waler penetration Is obtained. Care shall be exercised at all times lo protect the plants after planting. Any dEIIT'lage lo p!en\s by lrampUng or olheroperaHonsofthlscontrnctshallberepalredlmmedlate\y. 2. Shrub&Trees Planlallconlalner-grownplantslnplanUngplts, two(2)1imeswlderandtwo(2)1imesdeeperlhan the container, as directed on PlanUng Detail sheet. Thoroughly-mix 1/3 organic backllll (Nitroll~ed Redwood Shavings or equal) and the amendments speclAed In the soHs analysis with lhe site solt, ptlor to backfill Ing of planting pits. Install Plant Tablets, par lha manufai:ture~s lnstrucUons and as detalledonPlan11ngDela11Sheet. Contractorshatlconstructbe.slnsaroundalltreesnotlnlawn areas;baslnsshallnotexceadlopofrootballcrown. 3. Top Dressing Top dress all ground cover and shrub areas wllh 2' lh!ck layer of OGC (Organic Ground Cover), to bespecJnedoneilplanUngplans. 4. Slaking StakealltreesasdetalledonPlanlingDetallSheel. D. SpeclalBackflllMlxes 1. A:.:aleas-Use 80%coarsePealMoss,alld20%cleanlopsoll. 2. Camernas & Fems • Use 50% Peat Moss, 25% Forest Humus and 25% Site Soll 3. Pots Bild Planters• Use Kellogg's Indoor Planter Mix. E. Sod-SeePlanllngDetallsSheetlorsodtypa. 1. Areassha11haveasmoolhendoontlnualgradabatweenexlstlngorlixedcontrols,suches: walks,curbs,catchbaslns. Roll,scarify,rakeend!evelasnecessarytoobtalntrue,evensoll structure. 2. Apply fertlllzers as spec!ned on PlanUng Oelall Sheet and m!K Into ttie soil. 3. Sodshellbalnstalledlhasamedayltlsdellvered. Sodshallnotbeleftonpelletslnthehot sun. Contractor shall be responsible for any and all damage lo sod not lnstaned on day of de~very. 4, Unrollsodcarefullyandplacefnstaggeredpattemofslrlps. Sodshallbelnstal!edagalnst adjacantstrlpstoellmlnatejo!ntsandedges. 5, TrlmsodtoconformtolawnshapesdeslgnaledlnlhePlanlingPlan. 6. Aller sod Is laid, II shall be lrtlgated lhoroughly to provide mo!slure pem,tratlontoatleastB"lntopreparedsoll. 7. All sod In sodded areas shall be handled end laid In a high standard workmanship manner. Allends,Jolnts,andcutssha!lfillighllysothatttiarearenovoldsandlhefinaleppearance lsoneofaconllnuouslawn.SecUonsofsod!esslhan1S'longor9'wldeshallnolbaused, 8. NosodareawlllbeacceptedunlllapprovedbylheL.andscapeArchitect. F. HydroseedTurf Hydroseed a\l areas designated as 'Hydroseeded Turi'. See Plantlng Oela\l Sheet for type and quallty ofseedmlx,ferllllzerandaddlll□nalamendmenls. 1. AppHcatlon a. Equipment Hydraullcequlpmen\usedlortheeppllcaUonoflhelertlllzer,seed,andllberpulp, shall be of the 'Super Hydro-Saade~ type as approved by the Landscape Architect This equlpmenlshallhaveabullt-lnagltatorsyslemandoperaUngcapocftysufficlenttoeg!tate, suspend, and homogeneously ml~ a slurry conta!n!ng not less than 40 lbs. of fiber mulch plus a combination 017 lbs. fertlllzer solids lor each 100 go1llons or water. The slurry d!strlbuLion lines shell belargeenoughtopreventsloppageandshallbeequlppedwlthasetofhydraulcspraynozzles whlchshallplacethes!urrytankandspraynozzlewilhlnsufflclentproxlmltytobeseeded. b. P1eparaUon: Theslurrypreparatlonshal!takeplaceatlhaslteofworkandshallbeglnby addlngwatertothetankwhenlheenglnelsathelflhrottle.Whenthewalarleve!hasreo1chadlhe helghtsoltheaglletorshan,goodclrculallonshallbeeslabllshedandallh!slimelheseedshallbe added. Fertll!zer shall then be added, followed by fiber mulch. The fiber mulch shall be added to the mixture afler the seed and when tile tank Is at least one-ttilrd Mlled with water. All fiber mulch shall be added by the time the tank ls two-thirds 10 lhraa-rourths full. Spraying shall commence lmmeclla1elywhentanklslull. c. AppllcaUon: Apply hydro-mulch In the form of a slurry conslsUng of wocxl cellulose fiber, seed, chemical additives, commercial fertlllzer and water. When hydrauUcally sprayed on lhe soll surface, the hydromulchlng shall !orm a bfoller-llke ground cover Impregnated uniformly wllh seed and!ertlllzerandshallallowlheebsorpUonor molslureandralnfallandpercolaUonlolhe underlying sol!. Remove construction. Leave site broom-clean. II, GENERAL SLOPE PLANTING The Owner shell have a soil analysis made alter completion of rough grading. The Contractor shall Incorporate all sotl amendments and ferllllzers prescribed herein. The soll preparation spaclned below shallbeadjustedacoordlnglylotheanalyslsaflerapprovallromlhelalldscapearchllect A. PlenllngPrepereUon 1. SlopaTextutlng a. CutSlopes: ThesesurfacesshallberoughanedlnahorizontaldlrecilonfolllllNfngthecontourof the slope. The roughened texture shall be made by hend raking or slmllar mechanfoal means. b. FIii Siopes; Thesesurfacesshallbecompactedandfinlshedendalsoroughenedlnahorlwntal direction following the contour of the slope. The roughened tal!lure shall be made by hand raking ors!mllarmechanlcalmaans. 2. Weed Eradication Procedures a. Manuallyremovealle~lsllngvegetaUonanddlsposeoll1oll-slte. b. Fer1111zeallp!anllngareaswllhfer1111zerbasedonSolllabsrecommendaUons,(SeePJanUng Detail She el). Add any end all soil amendments as required, per lhe sell analy6ls. Begin watering processtoacUveleferllllzerandaddlUvechemlcals. c, Waterallplantlngareaslhoroughlyandcontlnuouslyforaperlodoftwo(2)consecutlveweeks. The Landscape Architect shall approve specific watetlng dura11on and frequency program designed togermlnateal!resldualweedseeds. d. Discontinue watering process for two (2) days, ttien app!v recommendeUon by licensed appl!calor,Uperennlalweedsappearonthe6lopas. !fannualweedsappearuseslralghlcontacl herb!cldeasperlhepeslconlroladvisor'srecommendaUons. Nowalershallbeapplledfora m!nlmumolfour(4)daysfollowlngappficaUonofcon!ac\weedklller. e. Allow sufnclenl period of lime to Insure that all weeds are dead. f. Water all p!anllng areas lhoroughlv and conUnuously fore period of three (3) weeks. A shorter watering period may be permlsslble at the dlscreUon of the Landscape Architect end/or the pest controladvlsor.Dlscontll'\ue1hawateringprocessforona(1)daypriortolhesecol'\dappllcaUonol theherblc!despraylng. Re-applythespraylngoperatlonwllhastralghtcontactweedklller,asper Iha past control advisor's recommendetlons. Allow a minimum of four (4) days without lrrlgaUon, loraftecUveflnelweedidll. g. Clearalldeslccatedwaedsfromlheslopestolheflnlshedgrade. h.WaterallplantlngareasontheregularlrrlgaUoncontrollerscheduleforlhree(3)consecullve deysprlorlottiehydroseedlngopereUon. Styl-P ~~g~~:~l~R;_:;S~~~~':~I;~ OA11,0,POINTCA&:1&2i (~&)4◄3-14◄0 I. Thena!lowplanUngareasollsurfacetodryoutlorone(1)dayonly, priortolhehydroseedlng appllcalion. Care must be taken not to allow Iha soil surtace lo be super-saturated with water prlor to the hydroseedlng Installation. At the same time, the soil surlace should not be dry. There should besomeres!duelmolslurewlttilnlheftrsl1/2'ofsollsuriece. J. BegfnlhehydroseedlngoperaUonlnallareas,asspeclfled. 3. PlanUng Planttreesandshrubsescalledoutwherelnd!caledonPlanUngPlanandasdetalledonPlanUng De1ei1Sheet.Subslllutlonsofplan!swlllnotbeaccaptedunlessapprovedlnwrltlngbylandscape Architect. lnslallplentlng tabletsascalledlorlnlegend.Plenlallcontalnergrownplantslnplanllng plls two (2) times wider end two (2} !Imes deeper than the container. Thoroughly mbc !he specified malerlalsfoundlnthesollanalyslsandthosespec!nedlnttiePlanHngDe1ellSheet,wllhlheslte soll,prlortobackfllllngolplanUngplls. 4. PlantlngTab!ets{SeePlantlngOetaflSheet) 5. HydroseedlngSpeclncaUonsForSlopeAreas Hydro seed mix and mulch shall be amended lo suit specmc slle condlUons. Verlfy hydroseed mbc with the Landscape Archllect and Soils Report, upon results of the soil analysis.The mix shall be e.pp\ladtoallslopeareasdlrectlyafterlhelnstallatfonofellplanlmaterlalsasnnaldresslng.See Plan Ung Dela!I Sheet for type and quanUly of seed mbc, lerllllzer, and addl\lonal amendments. 6, AppUcatlon Refer to Hydrosead Lawn Notes for hydro seed appUcatlon. Ill, GENERAL NOTES A. Clean-Up 1. After all lnstallaUon operations have been completed, remove all rubbish. excess soil, empty plantconte!nerandtrashfromthesitedally. Allscers,rutsorolhermarkalnlhee.reacaused bythlsworkshallbe repalredandlhegroundtenlnaneat,ordertycondlUon. Leaveslleln broom-cleancondlllonatlheando!eachworklngday. Hosedownall pavedareaa,lncludlng walkaandpafos,uponcompleUonofellwork. B. Malntenenca 1. The Contreclor shall maintain during lnstallatlon a sufficient number of men end adequate equipment to perform lhe work herein specified. Plant maintenance work shell consist of applylngwater,waedlng,carlng olplents,fncludlnggroundcovers,shrubs,vlnesandtrees, edging and mowing lawns, fertlllz!ng, control of pests and diseases, end melntelnlng walks freeofdebrlsanddlrt. Uponcompletlonofeachereaof lnsla!lallon,thaConlractor, LandscapeArchltectandO\lmershall conductanlnspecUonofcompletedaiea,alongwlth the Owne~s maintenance representaUve, Al this time, a 11st of corrections, If any, shall be madewhlcharetheresponslbllltyof!heContractor. 2. After al! work has been completed, Inspected end accepted, all areas wlll be maintained for a petlodolnlnety(90)calendardeysoraslong asfsnecessaryloestabllshthrMnglrees, shrubs, turf, and ground cover without bare spots. 3. Keepellareasweed-free,adequatelywatered,andneatlycumvaled for\henlnety{90)day period. Remove all debris from site and keep 1he enUre site broom-clean. Mow turl areas weekty.Hydroseededlurf areasshellbelrrlgetedeftertheslurrymulchhasbeeneppUad and allowed to set for one (1) day. The soil surface must be kepi mo!st at all times during lhe germlnallonpetlodtoavolddeslccallonolseedllngs. 4. Re-seed all bare spots In tur1 areas at two (2) week Intervals end malntalll unUI an even stand ofturf,wllhoutbarespols,!sobtalned. Re-seedallslopeareasthatlalltogermlnateeven!y. RepalrellerodedsuriacesatnocosttolheOwner. 5. Damage to any planted area shall be repaired Immediately. Depressions caused by vehicles or fool traffic shall be nlled with topso11, leveled and replanted. EKlermlnate gophers, moles and1epalrdamage. 6. The project shall be so cared for that a neat, clean condition wlll be presented al all Umes lo lhe satisfaction o! Iha OwllBr and Landscape Architect. The Landscape ConlrBCtor shall be expected lo make a minimum of one weekly visit for maintenance purposes. 7. Atlhee11dollhemalntenanceperlod,allareas1hathavebeenplanled shallbelertlllzedwllh commerclalfer1lllzer,analyslsandrateo1 appllcatlonshallbeperlhesollsreport. 8. TheContrectorsha/lrequestallnalsllevlsltseven(7)daysprlortothe endollhe maintenance period. This request shall be written and directed to the Owner and Iha Lend scape Architect. Upon written acceptance of the project, the Contractor shall be rellevedolanyfurtllermalntenance. C. Guarantee All turf, hand-plan1ed and hydroseeded ground cover, and shrubs shall be guaranteedtollveand grow lo a period of ninety (90) days efter lnstelle.Uon and acceptance bylhe Owner. Trees shall be guarenteed for one year. Any matarlal that falls to grow through Iha speclned maintenance and guarantee period shall be replaced bylhe Contractor a! no cost to Iha Owner. D. Observation ·1. Observallonvls!tsspecllledhere!nshallbemadebylhelandscape Archflectorh!s representatlve. The Contractor shall request observation at least two (2) working days In advanceolthet!melhatthe observellonlsrequested. 2. Observallonvls!lsaresuggasledlorlhelolllJINfngpartsorttiework: a, UponcomplellonofgradlngandsollcondJUonlngprlortoplantJng, b.When\reesarespottedforplanllng,butbeforeplenUngholesareaxcavated. c. Wrlllen ecceptance of Iha project to release lhe Contractor from further maintenance shall occurallerFfnalObservaUonwlllllheOwnerorh!srepresenlallveatlhaendofttie mafnlenanceperlod. E. Vermcal!onolDfmens!ons 1. All scaled dimensions are approximate. Before proceeding wilh any worl<, ttie Conlractor shallcerelullvcheckendverlfyelldlmenslonsandquanllUas,andshelllmmed[atelynoUfy lheLandscapeArchllectofanydlscrapancybelweenlhedrawlngsand/orspec!ncaUonsand actualcondllions. NoworkshallbedonelnanyareewherelherelssuchadlscrepancyunUI approvallorsamehasbeenglvenbythelandscapeArdiltect F. UUliUes 1. TheConlreclorshallberesponslbleforverllylngttieloceUonofall undergrounduUBtynnes prlortoanyconstructlon,solhatproper precau\JonsmaybetakennottodEIIT'lagesuchllnes and plant locallons, promptly noUfy lhe Landscap·e Architect who wlll erral'\ga ror r~locaUon oroneorlheother. Falluretolollowlhlsprocedurap!acesuponthe Contractorthe respons!blllly for, at his own expense, making any end ell repalrs for damages resulllng from h!swork. G. EklstrngTreas 1, Contrectorlstolnsurethepreservallonofanyeidsllngtreesontheslte.DEIIT'lageorlossof thesatreeswlllresultfnreplacementofequalslzebythelandscapeCon1ractor. H. SeePlanllngDetallSheetforaddlUonalnotes. fsii"'7 I CITY OF CARLSBAD 11 '""" I ~===1;:==t====================1~==+===1===t==-,~L..!£J. PL,lllllll!<lOMSION . 14 r-----i~-+-------------,r---+--+--+--i ILANOSCAPEIMPROVEMENTPLMISFOR: ROMERIA POINTE APARTMENTS 8NR DEVELOPMENT I ROMER/A AND GIBRALTAR, CARLSBAD 23B00 VIA DEL RIO PLANTING NOTES YORBA LINDA CA. 92887 u,o,,nvi:n• TELEPHONE; 714,692,9120 ~~;'°PLAN PREPARED: s""mERSJMURP11:~:Au:,~:!~~~~~ ~ REVISION DESCRIPTION o::AP:::~ ::AP~~:: l~=f~ +II PROJECT NO. IIDRA'MNGNO.! June 11, 2019 Item #12 Page 91 of 143 Planning Commission Minutes March 20, 2019 Page2 1. CDP 2018-0038 (DEV2018-0103) -ALLANSON-SELVIDGE CARLSBAD RESIDENCE -Request for approval of a Coastal Development Permit (CDP) to allow for the demolition of an existing single- family residence and the construction of a 3,381-square-foot, two-story single0family residence with an attached two-car garage along with 771-square-feet of second-floor deck.sand a 564-square-foot roof deck within the Mello II Segment of the city's Local Coastal Program located at 5170 Carlsbad Boulevard within Local Facilities Management Zone 3. The project site is not within the appealable area of the California Coastal Commission. The city planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 (a), construction of a single- family residence, of the State CEQA Guidelines. MOTION: ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Stine to Adopt Planning Commission Resolution No. 7323 APPROVING Coastal Development Permit CDP 2018-0038, based upon the findings and subject to the conditions contained therein. VOTE: AYES: NOES: 7-0 Chair Luna, Commissioners Anderson, Geidner, Lafferty, Meenes, Merz, and Stine None Chair Luna closed the public hearing on Agenda Item 1. Chair Luna opened the public hearing on Agenda Item 2. 2. SOP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS-Request for approval of a Site Development Plan to construct a four-story, 23-unit residential apartment project which includes three inclusionary housing units, on property generally located at the southwest corner of Romeria Street and Gibraltar Street within Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. City Planner Neu introduced Agenda Item 2 and stated Associate Planner Garcia would make the staff presentation (on file in the Planning Division). DISCLOSURES: Commissioner Stine stated he visited the site. Commissioner Geidner stated she visited the site several times including in the evening. Commissioner Meenes stated he visited the site and drove around the neighborhood. Commissioner Anderson stated she drove by the site. Commissioner Merz stated he drove by the site both early in the morning and afterhours in the evening. June 11, 2019 Item #12 Page 96 of 143 Planning Commission Minut,..._ March 20, 2019 Page 3 Commissioner Lafferty stated she drove by the site and walked the area including the creek and the watershed that is across La Costa. Chair Luna stated she walked the site and neighborhood including the area where the drainage comes out in the culvert at San Marcos Creek. STAFF PRESENTATION: Associate Planner Garcia gave the presentation. Chair Luna stated there were 11 emails received about the application. She asked if there were any questions for staff. Commissioner Meenes asked if Mr. Garcia could explain the current topography of the site when looking at building height. Associate Planner Garcia stated the pads would be graded down about 5 to 8 feet essentially lowering each pad level. Commissioner Geidner asked for clarification from the civil engineering report about removing soil and the note in the same report stating that re-compaction would not occur. Engineering Manager Geldert stated the developer added a sentence stating they are going to use piles instead of doing remedial grading. Commissioner Anderson asked for further information about the site in relation to the state density bonus and the number of units that are going to be on the site. Associate Planner Garcia stated the applicant requested 35% over the maximum density which would require 11% of the units to be at the very low-income level or 2 units. He stated the city has a 15% inclusionary requirement which pushed it up to 3 units. The total project is 23 units. Commissioner Anderson asked if the 3 very low-income level units would still be required if they did not use the density bonus. Associate Planner Garcia stated he is not sure if rental units are required to meet the 15% affordable housing city ordinance, however because they are getting units out of the city's Excess Dwelling Unit Bank, they are required to meet the affordable housing requirement on rental projects. Commissioner Lafferty asked what the CEQA report would tell us that the findings don't include. Associate Planner Garcia stated that the project qualifies for the infill exemption and that there are no significant environmental impacts including traffic. The project is also consistent with our ordinances. Commissioner Lafferty asked if the tributary across La Costa going into the San Marcos creek would be a factor environmentally in relation to the development of the vacant lot. Engineering Manager Geldert stated the offsite conduit for storm water would not be evaluated under CEQA for this project. He stated the storm water flowing on the property is what is being evaluated. June 11, 2019 Item #12 Page 97 of 143 Planning Commission Minutes March 20, 2019 Page 4 Commissioner Lafferty asked how grade was determined for the building maximum height. Associate Planner Garcia stated the building height is measured from existing or finished grade whichever is lower. He stated the pads for this project will be lowered and that is the point where building height is being measured from. Commissioner Lafferty asked if the piles would make a difference of where the measurement would begin. Associate Planner Garcia stated the structures below the pad grade would not change where the measurement starts. Commissioner Anderson asked for further explanation on the State's Density Bonus Law. Assistant City Attorney Kemp stated that law states that cities shall grant the concessions unless written findings based on substantial evidence show a significant quantifiable direct and unavoidable impact based on standards that already exist at the time the application came in. Commissioner Anderson asked if fire trucks can reach the top of the building considering it is on a slope. Associate Planner Garcia stated the Fire Marshall did review the plans and there were no specific concerns with the design as far as access. Commissioner Meenes asked if the applicant applied for the density bonus or if it was imposed upon the applicant. Assistant City Attorney Kemp stated he is not sure if the applicant applied but assumed they did. The language in the state's law says once they apply, it shall be granted unless substantial evidence on the record can be found related to health and safety. He stated the State has taken the control away from municipalities to control density. Commissioner Geidner asked if this was the law that went into effect this year. Assistant City Attorney Kemp stated these are laws that were already in effect but are evolving and becoming more restrictive each year. Commissioner Anderson asked if there is a limit on the height the applicant can request. Assistant City Attorney Kemp stated the concessions need to show sufficient and actual cost reductions so in this case they're asking to add on another story to add additional units. He stated they can only get a 35% density bonus if they provide very low-income housing. The General Plan Land Use allows 17 units, with the bonus they are allowed 23. The allowed height for 23 units would then be determined by the design. Commissioner Merz asked for further description on how the profile of the top story was reduced to· mitigate the appearance of the increased height of the building. Associate Planner Garcia stated the top floor is stepped back from the floors below. He pointed out on the exhibits where the elevations show the step back on different areas of the top floor. June 11, 2019 Item #12 Page 98 of 143 Planning Commission Minut~ _ March 20, 2019 Page 5 Commissioner Merz asked for further explanation on if the grade was going to be determined by the drive access. Associate Planner Garcia stated that in order to lower the pads the drive access would need to extend further into the site creating more undevelopable area for parking on the ground floor. He stated the slope of the driveway and the amount of parking for the project had to be balanced to meet pll requirements. Commissioner Geidner asked for further information on how the drainage on the site was going to work and how much storm water collection was going to occur. Engineering Manager Geldert stated all the storm water will be collected on the site then treated and a good portion of it will be stored and let out slowly. He stated it is called hydro modification. Commissioner Lafferty asked what the height of the building is from the bottom of Gibraltar to the top of the building. Associate Planner Garcia stated it is about 63 to 65 feet to the tower on top of the building. He stated he did not think you will be able to see the top of the tower from the bottom of Gibraltar. Commissioner Lafferty stated it will cast a shadow on the other building and that is a concern. City Planner Neu stated the code is based on existing or finished grade to try and be more sensitive on the way grading is done. He stated the intent is to penalize a project if it was filling and raising the pad height. Chair Luna asked if the applicant would like to make a presentation. APPLICANT PRESENTATION: John Allen, Developer for Rqmeria Pointe Apartments, made the presentation and stated he would be available to answer questions. He stated he wanted to clarify one question from Commissioner Meenes that they did apply for the density bonus on their own. He stated the owner has owned the property for 15 years and had many proposed developments that were unfeasible. By applying for the density bonus, they were able to make the project feasible. Chair Luna asked if there were additional questions for the applicant. Commissioner Merz asked for further details on previous projects and what was not feasible in the design of those projects. He asked what about this project was different. Mr. Allen stated the previous development proposals were not feasible due to the existing site conditions. He stated there will have to be extensive remedial grading or that CIDH piles will need to be utilized. He stated both of these options provide the builder a huge cost that can only be satisfied by providing the density required to pay for that cost. Commissioner Lafferty asked if the applicant has received the letters from the public. Mr. Allen stated they did receive all the letters from the public and he reached ou~ to every person and had spoken to many. He stated they set up a couple of meetings with some neighbors. June 11, 2019 Item #12 Page 99 of 143 Planning Commission Minutes March 20, 2019 Page 6 Commissioner Lafferty asked Mr. Allen what stood out to him in the letters. Mr. Allen stated the most pressing concern from the surrounding neighbors was the building height, the traffic and erosion control. He stated they made modifications in the building height, provided as many parking spaces as they could, going over the minimum requirement, and are using the piles to ensure the integrity of the building will withstand even if the earth falls out from underneath. Commissioner Merz asked for additional information on how the setback of the top floor will affect shading on other buildings. Mr. Allen stated it was about 10 feet that was set back on all sides. He stated they did not do a shading study but in the 3D rendering they were able to use the architecture software to virtually walk around the building and that you couldn't see the top level from the ground level. Commissioner Stine asked Mr. Allen to describe any specific modifications made because of concerns from neighboring properties. Mr. Allen stated the 10-foot step back was one of the modifications made as a result of the neighbors' concerns. He stated they modified the parking by eliminating office space on the ground floor to maximize the amount of parking and stretched the buildings footprint. David Miller, Architect, stated they added louvers to the parking garages to mitigate a concern of headlights going into the neighbor's windows and changed the colors of the buildings to better blend into the surrounding neighborhood. Mr. Allen stated they looked into providing underground parking and it would have proven difficult both psychically and financially. Commissioner Meenes asked if the grade required for the driveways caused the building location to be moved back from the street. Mr. Allen stated yes, they had to move the building further away from the street. Commissioner Geidner asked what they have planned for lighting along Gibraltar. Mr. Allen stated one ofthe concerns from the neighbors was light pollution. He stated there will be a lot of down lights and one condition for a street light to be added at the corner. He stated there will be site lighting around the landscaping. Commissioner Lafferty asked if they have considered pushing the building to the setback. Mr. Allen stated they are using the setback area on Romeria as the storm water detention facilities and landscaping. Commissioner Lafferty stated she is concerned with a higher density project that there is a balance of safety and security. Juintow Lin, Architect, stated that if the building was moved closer to the road it would be hanging over the pad. June 11, 2019 Item #12 Page 100 of 143 Planning Commission Minutes March 20, 2019 Page 8 Commissioner Anderson asked where the water is going now. She stated there is a culvert coming down Romeria to catch groundwater and how is that water being mitigated. Engineering Manager Geldert stated there was no ground water found in the soils report. He stated if there is groundwater encountered during construction then that will have to be addressed. Commissioner Meenes asked what drainage improvements would o.ccur on the property. Engineering Manager Geldert stated the property is currently undeveloped and that all drainage would be brand new. He stated they will be required to capture all drainage, clean it, detain it and let if off site at a certain rate that does not affect downstream. Commissioner Geidner asked how deep the piles would be. Engineering Manager Geldert stated the estimate is 16 to _37 feet below existing grade. He stated bedrock ranged from 12 to 24 feet below ground level elevations. He stated the piles will go into bedrock several feet. Commissioner Geidner asked why soil would be moved off the site. Engineering Manager Geldert stated the soil is being moved off the site due to the pads being lowered quite a few feet. He stated a slope to the north is being reduced which tends to provide more stability to the slope when soil is removed. Commissioner Geidner stated she read somewhere that the quality of the soil is not good. Engineering Manager Geldert stated that typically topsoil quality is inadequate for taking a load or for holding a building without settling or other issues. He stated that is the reason for the piles in this case. Commissioner Lafferty asked if there is an erosion hazard. Engineering Manager Geldert stated they do not anticipate any erosion issues and that water will be captured on the site. Chair Luna asked for details of the construction process. Engineering Manager Geldert stated it starts with project design and detailed plans will be provided when it comes to the issuance of permits. He stated the construction management team will monitor the construction of the project throughout that phase. He stated there is a design engineer, soils engineer and geologist that are responsible for the construction. Chair Luna asked if there are performance bonds posted. Engineering Manager Geldert stated there are performance bonds to ensure the work is done and completed·. Assistant City Attorney Kemp stated typically the bonds secure the construction of any required public improvements. June 11, 2019 Item #12 Page 102 of 143 Planning Commission Minutes March 20, 2019 Page 10 Commissioner Anderson asked how fluid climate actions plans are. Senior Program Manager Grim stated he reports to the City Council annually on new technologies and issues. Commissioner Meenes asked if other jurisdictions are following the mandates. Senior Program Manager Grim stated a lot of jurisdictions are adopting a Climate Action Plan although there isn't any legislation that requires it. He stated many jurisdictions are going above and beyond what the state building code is requiring. Commissioner Meenes asked if there was state oversight on the cities' climate action ordinances. Senior Program Manager Grim stated there is no regulatory authority over the implementation of the ordinances. He stated the city has to report to the state each year. Commissioner Lafferty asked if the Climate Action Plan involves any food recycling. Senior Program Manager Grim stated it currently does not but our sustainability general plan element does. Economic Development Manager Marcella and Engineering Manager Geldert made a staff presentation on Transportation Demand Management (on file in the Planning Division). Commissioner Anderson asked for additional information on how HOAs fit into Transportation Demand Management. Economic Development Manager Marcella stated the City Council directed staff to have the consultant that is looking at the business community also look into how HOAs could assist is creating ride share programs within their community or providing shuttle services. Commissioner Meenes asked if the program was enforceable. Engineering Manager Geldert stated the program is voluntary however the part of the ordinance that is enforceable is the requirement of having a written plan. Chair Luna asked if there were additional questions from the commission. Seeing none, she closed the public hearing on Agenda Item 3. PLANNING COMMISSION REPORTS: Commissioner Anderson stated the City of Livermore presented at the Planning Commission Academy and wants to look into adopting city wide design standards. Commissioner Geidner suggested adding an agenda item to a planning commission meeting to discuss design guidelines for the city. Commissioner Stine stated the presentation on land use from a fire expert at the planning commission academy was eye opening. June 11, 2019 Item #12 Page 104 of 143 Subject of the Appeal: BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple applications, (such as a Coastal Development Pennit, Planned Unit Development, Minor Conditional Use Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here. Please see fee schedule for the current fee. This appeal is regarding the Romeria Pointe Apartment Complex SDP 2018-0004 (DEV2017-0151) which came before the Planning Commission on March 2ou,, 2019. This appeal is being submitted by Susan Ortman on behalf of the residents in the adjacent areas to this project that live on Romeria and Gibralter Streets. The Planning Commission erroneously approved the city's first density bonus project by relying on self certification by city staff that the project poses no environmental impact, and awarded density bonus concessions based on Prop E. Reason(s) for the Ap_peal: PLEASE NOTE: The ap_peal shall £peciticallY-state the reason(£) for the ap_peal. Failure to £pecifY-a reason maY-result in denial of the a1.1peal, and Y-OU will be limited to the grounds stated here when presenting Y-Our ap_peal. BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information ( attached). Please attach additional sheets or exhibits if necessary. The Planning Commission erroneously approved the city's first density bonus project by relying on self certification by city staff that the project poses no environmental impact, and awarded density bonus concessions based on Prop E. The City Planner and Engineer testified this project also qualified for "in-fill exemption" as "no extraordinary circumstances 1 exist". Testimony provided in writing bv June 11, 2019 Item #12 Page 107 of 143 surrounding property owners and by speakers at the meeting contradict this finding. In addition, City Staff, knew or should have known significant environmental and engineering concerns exist as the City of Carlsbad was involved in lengthy and costly litigation regarding slippage of multi family dwelling units in the area, and expended considerable public dollars to resolve them. Specially, significant environmental issues exist on Romeria Street, as the City issued a contract in excessive of $400,000 to address storm water issues. In addition, the Condominium complex immediately adjacent to the project site suffered "slippage" and had to be lifted. Extensive engineering, soil sampling, and geotechnical work had to be completed with oversight by the city. This information was critically i1nportant in helping the commissioner making a ·decision as the proposed project calls for removing 5 feet of soil and denuding a portion of the hill to collect, treat, and store stormwater. CEQA review, an BIR, an engineering report, soil sampling and a traffic study are warranted. Two Commissioners questioned the lack of a CEQA or environmental review and were repeatedly told the city could self certify'. At no time where the past and existing dangers of slippage and the actions taken by the city were shared with the a Commissioners to help them make an informed decision The developer obtained concessions :fr9m the city based on questionable policy. Without these concessions, the maximum amount of units allowed on the site would be 17 and the maximum height would be 35 feet Because concessions were awarded, the maximum height will now be 71 feet and 23 units will be built on the site. Commissioners relied on staff testimony and PowerPoints that concessions were being granted as the project was "getting unit's out of city's bank." The underlying principles behind Proposition E, establishing policy for number and allocation of excess dwelling units has been the subject of recent court decisions. Continuing a policy that is contrary to court decisions and awarding concessions is contrary to public policy and exposes the city to legal and fmancial liability. CEQA, an BIR, an engineering study, traffic study and soil samolimr are warranted and the oroiect should not oroceed June 11, 2019 Item #12 Page 108 of 143 without them. The proposed site is on a slope on two elevated plots approx 20 feet from street level. The plan calls removing 12,000 cubic yards of soil -appx 5 feet of top soil to hold two building with heights between 48 feet and 71 feet -The current max height in the city is 35 feet. (See attached slide from March 20, 2019 Planning Meeting) As shown, the buildings would be built close to property lines and would serve as retaining walls. These massive structures would be supported by drilled piles driven 16-3 7 feet into bedrock and from street level would appear to be approximately seven stories tall. The City Engineer testified " Quality of soil is not adequate to hold load of building" and said it was unusual to have these piles supporting the entire structure. Knowing the massive disturbance of soil, the known slippage in the area, stormwater issues, and its proximity to the La Costa/Romeria preserve, we respectfully request review and proper environmental, and engineering testing before proceeding forward. June 11, 2019 Item #12 Page 109 of 143 Law section Page 2 of 10 (B) Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. (D) Ten percent of the total dwelling units in a common interest development, as defined in Section 4100 of the Civil Code, for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. \ (E) Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph shall be _subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units. (F) (i) Twenty percent of the. total units for lower income students in a student housing development that meets the following requirements: (I) All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city or county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development. (II) The applicable 20-percent units will be used for lower inc9me students. For purposes of this clause, "lower income students" means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432. 7 of the Education Code. The eligibility of a student under this clause shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education that the student is enrolled in, as described in subclause (I), or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the federal government shall be sufficient to satisfy this subclause. (III) The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type. (IV) The develbpment will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code, or institution of higher education that has ·knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause. (ii) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term "unit" as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), or (F) of paragraph (1). (3) For the purposes of this section, "total units," "total dwelling units," or "total rental beds" does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. (c) (1) An applicant shall agree to, and the city, county, or city and county shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. (2) An applicant shall agree to, and the city, county, or city and county shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. The local government shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement: http://leginfo.legislature.ca.gov/faces/codes _ displaySection.xhtml?lawCode=GOV &sectio... 5/28/2019 June 11, 2019 Item #12 Page 112 of 143 Law section Page 3 of 10 (A) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy, as defined in subparagraph (B), and its proportionate share of appreciation, as defined in subparagraph (C), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership. (B) For purposes of this subdivision, the local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (C) For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of initial sale. (3) (A) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies: (i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b). (ii) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household. (B) ·For the purposes of this paragraph, "replace" shall mean either of the following: (i) If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (C) Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government's valid exercise of its police po wer and that is or was occupied by person~ or families above lower income, the city, county, or city and county may do either of the following: http://leginfo.legislature.ca.gov/faces/codes _ displaySection.xhtml ?lawCode=GOV &sectio... 5/28/2019 June 11, 2019 Item #12 Page 113 of 143 Law section Page 4 of 10 (i) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) Require that the units be replaced in compliance with the jurisdiction's rent or price control ordinance, _provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction's rent or price control ordinance, these units shall not be subject to a recorded affordability restriction. (D) For purposes of this paragraph, "equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (E) Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if his or her application was submitted to, or processed by, a city, county, or city and county before January 1, 2015. (d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following: (A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific, adverse inipact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate- income households. (C) The concession or incentive would be contrary to state or federal law. (2) The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. (B) Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. (C) Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development . . (3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defimfd in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this section. (4) The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive. (e) (1) In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or http://leginfo.legislature.ca.gov/faces/codes _ displaySection.xhtml ?lawCode=GOV &sectio... 5/28/2019 June 11, 2019 Item #12 Page 114 of 143 Law section Page 5 of 10 reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. (2) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant_is entitled pursuant to subdivision (d). (f) For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). (1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Low-Income Units 10 11 12 13 14 15 17 18 19 20 Percentage Density Bonus 20 21.5 23 24.5 26 27.5 30.5 32 33.5 35 (2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Very Low Income Units 5 6 7 8 9 10 11 Percentage Density Bonus 20 22 .5 25 27.5 30 32.5 35 (3) (A) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units. (B) For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph. (C) For housing developments meeting the criteria of subparagraph (.F) of paragraph (1) of subdivision (b), the density bonus shall be 35 percent of the student housing units. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Moderate-Income Units 10 Percentage Density Bonus 5 http://leginfo.legislature.ca.gov/faces/codes _ displaySection.xhtml?lawCode=GOV &sectio... 5/28/2019 June 11, 2019 Item #12 Page 115 of 143 Law section Page 6 of 10 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. (g) (1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to a city, county, or city and county in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows: Percentage Very Low Income 10 11 12 13 14 Percentage Density Bonus 15 16 17 18 19 http ://leginfo.legislature.ca.gov/faces/codes _ displaySection.xhtml?lawCode=GOV &sectio... 5/28/2019 June 11, 2019 Item #12 Page 116 of 143 Law section Page 7 of 10 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 (2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: (A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. (D) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer. (E) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer. (F) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (G) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (H) A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residentia l development application. (h) (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following: (A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. http://leginfo.legislature.ca.gov/faces/codes _ displaySection.xhtml ?lawCode=GOV &sectio... 5/28/2019 June 11, 2019 Item #12 Page 117 of 143 Law section Page 8 of 10 (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur: (A) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). (B) Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or city and county shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. (4) "Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and schoolage child care centers. (i) "Housing development," as used in this section, means a development project for five or more residential uriits, including mixed-use developments. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households a re located. U) (1) The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, "study" does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law. (2) Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards. (k) For the purposes of this chapter, concession or incentive means any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3) Other regulatory ince·ntives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (I) Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements. (m) This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant http:/ /leginf o .legislature. ca. gov /faces/ codes_ displaySection.:xhtml ?lawCode=GO V &sectio... 5/28/2019 June 11, 2019 Item #12 Page 118 of 143 Law section Page 9 of 10 is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code. (n) If permitted by local ordinance, nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (o) For purposes of this section, the following definitions shall apply: (1) "Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. (2) "Maximum allowable residential density" means the density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. (p) (1) Except as provided in paragraphs (2) and (3) upon the request of the developer, a city, county, or city and county shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios: (A) Zero to one bedroom: one onsite parking space. (B) Two to three bedrooms: two onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2) Notwithstanding paragraph (1), if a development includes the maximum percentage of low-income or very low income units provided for in paragraphs (1) and (2) of subdivision (f) and is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom. For purposes of this subdivision, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. (3) Notwithstanding paragraph (1), if a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code, then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios: (A) If the development is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per unit. (B) If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed 0.5 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C) If the development is a special needs housing development, as defined in Section 51312 of the Health and Safety Code, the ratio shall not exceed 0.3 spaces per unit. The development shall have either paratransit service or ' unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (4) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking. (5) This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d). (6) This subdivision does not preclude a city, county, or city and county from reducing or eliminating a parking requirement for development projects of any type in any location. (7) Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or an independent consultant has conducted an areawide or jurisdictionwide parking study in the last seven years, then the city, county, or city and county may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon http://leginfo.legislature.ca.gov/faces/codes _ displaySection.xhtml ?lawCode=GOV &sectio... 5/28/2019 June 11, 2019 Item #12 Page 119 of 143 Law section Page 10 of 10 substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The city, county, or city and county shall pay the costs of any new study. The city, county, or city and county shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio. (8) A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). (q) Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be ·separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law. (r) This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units. (Amended by Stats. 2018, Ch. 937, Sec. 1.3. (SB 1227) Effective January 1, 2019.) http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectio... 5/28 /2019 June 11, 2019 Item #12 Page 120 of 143 From: Heather Lindsey < Sent: Tuesday, May 21, 2019 12:09 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe: SOP 2018-0004/DEV2017-0151 Members of City Council, "Council@carlsbadca.gov" <> EXHIBIT 8 I am opposed to Romeria Pointe (Romeria Street SDP 2018-0004 (DEV2017-0151). Although I have many concerns, after the last public hearing, it appears that only public safety concerns are relevant. Therefore, my concerns on this point are as follows: -The units/bedrooms in this development will attract families. There is little to no outside space for playing in this development. Kids already trespass on dangerous land west of this development. This will only get worse and injuries will occur. The developer should be required to make space for kids to play/be outside in his development. -This area of the City has unstable soil. Golf crest, the development directly west of Romeria Pointe, has had the hill behind it slide into its driveways. Villa Romeria, the property behind the proposed site, is slipping down towards this project and has had already had to spend funds to fix what happened in the past. The issue at hand is not just the stability of the project being built, but the impact on the stability around the property as well. - I do not believe there is a crosswalk at Romeria and La Costa Ave, so the kids will cross illegally to get to school. There is one at the next intersection, but it is unlikely they will walk to make the crossing legally. I am also opposed to the development due to: -height ( As I understand it, the highest point of their building is 72 feet higher than Golf crest's highest point. The bottom of their garage 30 higher than Golfcrest's highest point. The garage is at 86 feet and ours is around ground level.) -# of units -bulk and mass -out of character with the rest of the neighborhood -drainage issues -parking shortages I would like this email to be included in the public record and in staff reports submitted to the Council. · Thank you for considering my input. Sincerely, H. D. Lindsey Golfcrest Owner, Gibraltar Street June 11, 2019 Item #12 Page 121 of 143 From: Sent: Friday, May 17, 2019 3:34 PM To: Council Internet Email <CityCouncil@carls badca.gov> Subject: Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I write to you regarding Romeria Pointe Apartments. This project was approved by City Planning on March 20th, 2019. I appreciate you taking the time to hear my concerns regarding this project as an appeal was filed. This land has NOT been developed on previously because of the quality of the soil. All proposals up to 3/20/19 have been denied by the city. Many ofus in the neighborhood assumed this would be the case on the evening of the 20th. However, we now understand that with Bonus Density Credits the developer has had many previous obligations and standards "waived" allowing for this project to be approved. Outside of the obvious shortcomings of two 4 story buildings being built in a neighborhood mostly comprised of 2 story buildings, I feel that this development is a detriment to public safety. I own at Villa Romeria which is the property that sits right next to the proposed development. In 2013, our property was showing distress. Floors were buckling, huge cracks were appearing on walls. We hired American Geotechnical, Inc. to come access our property. This led to us hiring Eaglelift, Inc. to come and stabilize our foundation with push piers. The cost of the lift was close to $25,000. We are only 5 units so this was a HUGE expense for us to incur. American Geotechnical, Inc. reviewed our property this week. As of May 16th, 2019, our property is level and sits in good standing. We have been instructed that if we see the slightest crack, buckle, or ANY signs of distress we are to notify them IMMEDIATELY. It is known that there is a soil issue in this area. This is evident based on Villa Romeria's foundation issues mentioned above as well as the sliding that occurred at Marbella condo's on La Costa Ave. several years ago. There is great concern that the extreme slte work taking place such as mass excavation and piles drilled down into bedrock will disrupt "mother earth" leading to public safety issues such as sliding properties. Several times in the developers geotechnical report they mention that uneven flatwork may create trip hazards. John Allen, the developer for Romeria Pointe, on March 20th states that "the buildings are designed that even if the earth fell away below the entire pad, the buildings would still be standing". Earth falling away below a entire pad does NOT sound safe! As for parking, there is already a major parking issue in this neighborhood. This project has NO visitor parking. It is NOT required. Plus, the existing street spots will be reduced as the new project needs entrances into the development taking way valuable curb space for parking. Villa Romeria has 3 visitor spots that are visible from the street. As it is, we have an issue with people parking on our property that are not visiting Villa Romeria residents. This is unsafe for residents at Villa Romeria. This is considered trespassing which is a public safety issue. June 11, 2019 Item #12 Page 122 of 143 City Planning has made it very difficult for me to obtain copies of the geotechnical report done for the developer by GeciSoil, Inc. Chris Garcia and I spoke on the morning of April 29th. He informed me that I could review the geotech report on premise at City Planning. If I wanted a copy I would need to get a bonded blue print company to do so for me. This report is on standard 8.5" x 11" paper. On May 2nd, I went to the planning office to review the documents. I asked the women who gave me the reports ifl could bring a copy machine in and copy them myself. She said she couldn't see why not. Based on that information, I returned the following week on May 9th with my printer. I got the report and explained to them that I was told the previous week I could bring in a printer. I asked where I could set up. At that point a little "committee" was formed behind the counter. I was politely told after much deliberation I could not make my own copy. I understand the City Manager is looking into the issue. On 5/8/19 I left Jennifer Horodyski, Associate Engineer, a message regarding getting architectural plans. Today, 5/17/19, I finally received a return call back from her. I did get a chance to review the GeoSoil, Inc. rep01i at City Planning. There is supplemental report in the binder dated September 12, 2018. This appears to be the most recent geotechnical review of the project. Under "Proposed Development" on the second page, first full paragraph states the following: "Based on our review of the architectural plans prepared by Foxlin Architectural Design & Consulting ([F AD&C], 2017), GSI understands that the residential buildings will be up to 3 stories in height." I'm VERY confused. At the March 20th meeting the slide Chris Garcia presented stated it would be two 4 story buildings. Further discussion was had that Building A was going to be 45' with projections to 48'. Building B was 48' with projections to 51 '. This is VERY concerning to me. Was this entire report based off this project being NO larger then 3 stories? Is there other incorrect information? Finding incorrect information regarding this project in regards to geotechnical recommendations is alarming and concerning. Especially since as stated above there is a known soil issue. In closing, I would like to express my concern that this project does not follow Carlsbad's core community values stated on the city's website: 1. Small town feel, beach community character and connectedness 2. Prioritize protection and enhancement of open space and the natural environment. Support and protect Carlsbad's unique open space and agricultural heritage Please help keep my neighbors and I safe as well as stay in line with Carlsbad's core values. Keep us safe. Give us space. Let us breathe. Thank you for your time. Beth Citrano Carlsbad, CA 92009 June 11, 2019 Item #12 Page 123 of 143 From: John Sturgeon < Sent: Monday, May 20, 2019 10:03 AM To: Council Internet Email <CityCouncil@ca rlsbadca.gov> Subject: Objection to the Romeria Point project Dear Carlsbad City Council and Mayor I am writing you today to express my objections to the proposed development called Romeria Pointe. (located on the corner of Romeria and Gibraltar). I live across the street from this proposed project. One of my greatest concerns is how it will affect public safety. Street parking is already very difficult and the new apartments have no visitor parking. The new apartment buildings will cause extreme congestion and a safety hazard. There is not enough parking now for the current residents and if the proposed apartments are allowed it will be nothing short of a nightmare. To make matters worse more parking spots will be eliminated because of the new entrances to the apartments. In addition an apartment complex does not fit into our community. Most all the surrounding buildings are townhouses and these apartments will definitely devalue the surrounding properties. Several home owners have lost sales of their homes because of this proposed development Thank you for listening to my concerns. Once again I urge you to not support this project. Its the wrong project in the wrong place. I would like this email to be included in the public record and in staff reports submitted to the Council. · Best regards John Sturgeon, (home owner) Carlsbad, CA 92009 June 11, 2019 Item #12 Page 124 of 143 From: Meghan Carey Sent: Monday, May 20, 2019 11:54 AM To: Council Internet Email <CityCou ncil@carls badca.gov> Subject: Construction on Romeria and Gibralter, La Costa Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I write to you regarding Romeria Pointe Apartments. This project was approved by City Planning on March 20th, 2019. I appreciate you taking the time to hear my concerns regarding this project as an appeal was filed. I am a single mother of 2 young boys (ages 2 and 6) that live across the street of proposed apartment complex. Because I am single and only have 1 income, I am basically stuck in my condo if I want my son to keep attending his school. Which is no problem, except for the planned apartments. I understand that California is in need of a housing, if anything desperately. However, adding that many people to such a small space, is not only unsafe, it is dangerous. There are already issues in the neighborhood with parking, speeding, running stop signs. I have difficulty turning left out of my driveway as it is. Not having a yard, my children (along with several other children in the complex) play in the driveway. People turn around in my driveway constantly for parking and recklessly cross the sidewalk. It terrorizes me as a mother. With the addition of other apartment complexes in our neighborhood, things have only gotten worse. Literally not a day passes that I don't pick up an alcohol bottle from the side of the road , or step in vomit. Yes, that is correct. Vomit. Pizza boxes. Used condoms. Smashed glass bottles. Piles of cigarette butts. My neighbor witnessed a cat get hit by a car.Not to mention the dog feces issue. I picked up 13 pieces of it within a block radius 2 days ago. I also was hit by a car running (thankfully I was OK, but it was frightening). Does this sound like a neighborhood needing 23 more apartment units? That would be 50-60 more people, 50-60 more cars(??!!), more noise, more congestion. So if you please can understand why I am concerned about this property and please reconsider the building going in and its size, it would be so, so greatly appreciated. It would be appreciated as a parent, as an investor to this neighborhood, as someone who lives paycheck to paycheck to stay here, as a human being, please just put yourself in the shoes of the people that live here. I know you are all busy and I do appreciate your time. Thank you so much. Sincerely, Meghan Carey Carlsbad, CA 92009 June 11, 2019 Item #12 Page 125 of 143 From: Sent: Tuesday, May 21, 2019 11:49 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe (Romeria Street SOP 2018-0004 (DEV2017-0151) To Whom It May Concern, I am writing to express my opposition to Romeria Pointe (Romeria Street SOP 2018-0004 (DEV2017-0151). Although I wrote and spoke to address my concerns with this project a few months ago, I wanted to emphasize my concerns around public safety. I would like this email to be included in the public record and in staff reports submitted to the Council. I am a homeowner at Golfcrest, which is the 14 units to the west. My understanding is that the land around this development is unstable. Villa Romeria, the property behind the proposed site, was slipping down towards this project. Additionally, in the past, we have had the hill behind us slide down into our driveways. Although the developer states that his property will be built to survive, that is not the case for the projects around it, especially given the potential soil instability that could be caused. This would constitute a public safety issue for the occupants of Villa Romeria. This should be considered in regards to approval of the project. Additionally, perhaps the developer should be required to create a reserve for Villa Romeria shou ld the building settle or construction impact an already unstable situation. My understanding further is that in the developer's GeoReport discusses public sidewalk lifting that will occur as a result of the development. This creates a public hazard. Are there requirements or reserves to ensure that this can be addressed in the future? Kids playing below Villa Romeria and above Golfcrest is an ongoing issue. The new development suffers from a lack of outdoor space but is designed for families, so these kids will default to playing and trespassing on downward slopping hills. Furthermore, the City of Carlsbad has plenty of other undeveloped sites where a development can take advantage of the affordable housing allocation and still be safe. This is not one of those sites. Instead, the affordable housing allocation is being used to make a previously unbuildable lot buildable. It would be nice if the City could guarantee us that this site is safe for this size development prior to approval. Additionally, I would like to repeat my non-public safety concerns, which would otherwise be taken into consideration: Golfcrest's second story windows are around 55 feet. The parking structure of this proposed development is at 86 feet with the top of the building being at 127 feet. The project will directly impact the light and privacy on the half of the Golf crest units' bedrooms and bathrooms. I am also concerned about the light on the Golfcrest pool. I am concerned with parking. This area suffers from a lack of parking already. Although, because of the inclusion of low-cost housing, perhaps this plan meets the needs of the state, it does not meet the requirements of the city, and most definitely does not meet the requirements of the neighborhood. There, as I understand it, are 41 spaces, 2 are accessible which means June 11, 2019 Item #12 Page 126 of 143 that there are no guest parking spots. The city would have required 49 at a minimum. Furthermore, because I believe this area has other similar projects that have increased the pressure on the parking, this will unfairly congest an already congested area. This development suffers from bulk and mass. It may be the law, but it is not in character with the neighborhood. This is not compatible with the neighborhood. Given the density bonus, increased landscaping should be a requirement. As the project sits now, there is no landscaping at one point in between our buildings. I believe that the development should be set to the current pads. This is an issue of height and width. The width should be re-examined. Half of these units, including one of mine, will be looking at a high wall of parking. I have concerns with light and noise from the parking structure especially as the height of the parking lot will be the closest to the GolfCrest units. Please ensure the parking building is closed so that headlights and noise do not wake us. I understand that this may mean they need alternative ventilation, but also it is the City's job to protect the neighbors who are already there. Given the size and proximity of the development and that it abuts on bedrooms, I ask that the lighting restrictions be respectful of developments that are already there. I ask that the decks that give out to the west and look over Golfcrest be reduced. The decks are very large and this square footage is not necessary and will allow the owners to look down into bathrooms. I ask that special attention be paid to the drainage, compaction, and slippage potentials. This area has suffered from runoff, slips, and drainage issues in the past. Respectfully, Lucille Lindsey Golfcrest, Gibraltar Street June 11, 2019 Item #12 Page 127 of 143 -----Original Message----- From: Citrano CTR Thomas G Sent: Thursday, May 23, 2019 12:30 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Cc: Subject: Memorandum for the Record Regarding the Construction Permit for Romeria Pointe Apartments From: Maj Thomas G. Citrano, USMC (Ret) -Carlsbad, CA -92009 Owner/Landlord -Carlsbad, CA -92009 To: Carlsbad City Council SubJ: Memorandum for the Record Regarding the Construction Permit for Romeria Pointe Apartments Dear Carlsbad City Council, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you to express grave public safety concerns regarding the approval to develop a multi-story structure known as Romeria Pointe Apartments. I cite the following information to support my concerns. A GeoSoils report dated November 21, 2017 states, "GSI does not consult in the field of corrosion engineering. Thus, consultation from a qualified corrosion consultant may be .considered based on the level of corrosion protection required for the project, as determined by the Project Architect, Structural Engineer, Civil Engineer and Plumbing/Mechanical Engineers. On a preliminary basis, site soils require mitigation for Exposure Classes "SO, "WO, "C2" per Table 19.3.2.1 of ACI (318-14). Additional soil tests are recommended based on the level of development proposed for the site." I would like to know if these recommended tests have been conducted, and if they have, what were the findings? If the studies deem that there is instability, which has been the case for Villa Romeria, and in Carlsbad writ large, this presents a significant public safety concern. Additionally, the same report cites, "Site soils are considered erosive. Surficial slope stability has been evaluated to be a long term geotechnical concern on all planned finished slopes." What mitigation measures has the developer presented to council to ensure slope stability, not only for Romeria Pointe, but the surrounding Romeria properties, which we know have had issues in the past? The potential for a slide poses a public safety risk to the denizens in and around Romeria St. In 2014, Villa Romeria hired American Geotechnical Inc. to investigate soil erosion that was causing our foundation to buckle and crack. We hired Eagle Lift Inc. to come in and stabilize the back slope. Five years post work, Villa Romeria is constant and has experienced no additional damage or slippage. This was confirmed by American Geotechnical, Inc. (AGI) on May 16th, 2019. When AGI completed their May study, they cited several public safety concerns in the geotechnical reports done by GeoSoils, Inc. This report has led to more questions than answers. I would like the Council to address the following issues listed serially below: 1. Who will pay to repair Villa Romeria property or surrounding property if there is damage from Romeria Pointe development? June 11, 2019 Item #12 Page 128 of 143 2. What if so much damage is done to surrounding property, Mr. Allen and BNR Development file for chapter 7 /11 protections? On a personal note I would like to add that a four-story structure in this neighborhood is antithetical to the Carlsbad aesthetic, and will be a colossal eyesore. If its allowed to proceed, I can assure you it will be remembered come election season. Sincerely, Maj Thomas G. Citrano, USMC (Ret) June 11, 2019 Item #12 Page 129 of 143 From: Kay Colvin < Sent: Tuesday, May 21, 2019 5:32 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe Apartments Dear Mayor Hall and City Council Members, As a resid~nt of Romeria Street in Carlsbad, I would like to express my concerns regarding the proposed Romeria Pointe Apartments. I was present on March 20th, 2019 when the Planning Commission approved the project, despite numerous uncertainties. Soon thereafter a group of concerned neighbors pooled resources to file an appeal. I am hoping that City Council will take into consideration many concerning issues when making decisions for the future of our neighborhood. I, as well as many others, understand the urgent need for housing in our city and the pressure the City must be under to fill this need. We understand that local development standards are being waived to encourage new residential development as quickly as possible. However, waiving standards that will ultimately impact the health and safety of those living near the project does not seem pragmatically sound. It is widely known that the soil in this area is unstable, as exemplified by the slippage of a building in the Marbella complex on La Costa Avehue several years ago. More recently, the unstable soil caused foundation issues at the Villa Romeria complex resulting in costly repairs. The proposed Romeria Point Apartments would be directly adjacent to Villa Romeria and would share the same soil issues, as confirmed in the geotechnical report dated September 12, 2018. I am not a developer, but as a layman reading the geotechnical report, several issues were clear. The report was based on the assumption of two structures consisting of three stories, not the four stories that were approved by the Planning Commission. I noted during the March Commission hearing that the city planner stated the actual proposed height of the north building as a full 65 feet above Gibraltar Street, which is the equivalent of a typical six-story building. Due to hasty decisions currently being made under duress, this behemoth complex would negatively impact the neighborhood ... results that neighbors would be forced to live with far into the future. The geotechnical report also states that due to unstable soil conditions; vehicular and pedestrian pavements may need to be replaced every 3 to 10 years and uneven pavements may create trip hazards within one year following installation. The report goes so far as to recommend that this situation be disclosed to all interested/affected parties. This expression of concern about soil instability should be taken into serious consideration. We Californians live with the constant awareness that an earthquake could happen at any moment. The proposed four-story buildings, a mere 20 feet from the residences to the south and immediately across the street from my home to the east, will certainly create a safety concern for neighboring residents. An apartment complex consisting of 16 three-bedroom and 7 one-bedroom units will bring many additional cars to this small neighborhood. Traffic will increase exponentially, which could potentially threaten the safety of our children . June 11, 2019 Item #12 Page 130 of 143 In addition to matters of health and safety, our small street already has a shortage of parking, which is often a problem. The addition of many cars to the neighborhood will undoubtedly exacerbate the situation. Not only does the proposed apartment complex fail to provide visitor parking for its 23 units, but will also remove a minimum of four currently existing parking spaces on Romeria Street due to the proposed development's two driveways. The quality of life and safety of our neighborhood would be inestimably reduced by the proposed buildings. Thank you for taking the time to consider these concerns regarding the proposed project. I hope you will take this opportunity to make wise decisions regarding this complex matter that will impact the lives of many residents for countless years to come. Please include this email in the public record and in staff reports submitted to City Council. Sincerely, Kay Colvin Carlsbad, CA 92009 June 11, 2019 Item #12 Page 131 of 143 Sheila Cobian From: Chris Garcia Sent: To: Monday, June 03, 2019 8:37 AM Sheila Cobian Subject: FW: Romeria Pointe Apartments Sheila, Can you please include the email below in the Romeria City Council Staff Report? Thank you, (cityof Carlsbad Chris Ga rcia Associate Planner City of Carlsbad 1635 Faraday Ave . Carlsbad, CA 92008 www .ca rlsbadca .gov P: 760-602-4622 F: 760-602-8558 chris.garcia@carlsbadca.gov Appointment-Based Submittals and Resubmittals are required. Appointments can be made by Phone: 760-602-2723 or Email: devappt@carlsbadca.gov From: Council Internet Email Sent: Friday, May 31, 2019 9:17 AM Cc: Chris Garcia <Chris.Garcia@carlsbadca.gov>; Jennifer Horodyski <Jennifer.Horodyski@carlsbadca.gov>; Jason Geldert <Jason.Geldert@carlsbadca.gov> Subject: FW: Romeria Pointe Apartments From: Tim Clark Sent: Thursday, May 30, 2019 5:18 PM To: Council Internet Email <CityCouncil@carlsbadca .gov> Subject: Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. 1 June 11, 2019 Item #12 Page 132 of 143 I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. It is known that this area in LaCosta has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme. This project will only add additional problems to the ones already in existance with land slippage and sink holes. This could ultimately cause harm or death to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Sincerely, Tim Clark Carlsbad, CA 92009 2 June 11, 2019 Item #12 Page 133 of 143 Tammy McMinn From: Sent: To: Council Internet Email Monday, June 3, 2019 8:34 AM City Clerk; Chris Garcia Subject: FW: ROMERIA POINTE APARMENTS Please see the email below related to the above reference Council agenda item. FYI per Sheila, the Clerk's office will attach this to the staff report. From: smacnabb Sent: Sunday, June 2, 2019 6:48 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: ROMERIA POINTE APARMENTS Dear city council members and Mayor Hall, I would like this email to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of (2) 4-story buildings. known as Romeria Pointe. I believe this project is putting Carlsbad citizens welfare and safety, at risk. It is known; that this area, in La Costa, has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme.This project will only add additional problems to one's already, in existence with land slippage and _sink holes. This could ultimately cause harm or death, to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask; that you do not allow this project to continue or built. Thank you very much; for your time. Sincerely, Valerie MacNabb. , Carlsbad 92009 1 June 11, 2019 Item #12 Page 134 of 143 Tammy McMinn From: Sent: To: Council Internet Email Monday, June 3, 2019 8:36 AM Chris Garcia; City Clerk Subject: FW: Romeria Pointe Apartments FYI for June 11. Per Sheila, the Clerk's office will attach to the staff report. -----Original Message----- From: Liz Boniface [mailto:li Sent: Saturday, June 1, 2019 10:12 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Re: Romeria Pointe Apartments Dear City Councils Members and Mayor Hall I would appreciate this email to be included in your public records and all reports submitted to the Council I live at Villa Romeria which is situated right next door to the proposed development. Back in 2014 we suffered severe subsidence issues to the building due to the well-known problems with the soil in this area and we had to spend a huge amount of money carrying out stabilisation of the property. As a matter of safety we are extremely concerned about the safety issues surrounding the proposal. I cannot believe that any construction work carried out on the next door plot is not going to cause damage to our property. There is no question in my mind that this is going to create additional subsidence (again) as there is a history of the poor quality of the soil. There is also the problem regarding the infrastructure in the area, there is insufficient parking and any development is going to cause an immense safety issue for the residents and children in the area. I do sincerely hope that you will take our grave serious concerns into consideration and review all the reports that have been submitted to you as it appears that they are primarily directed at a three storey building and not FOUR storey building. Your acknowledgement of my email would be greatly appreciated. Yours faithfully Liz Boniface Sent from my iPad 1 June 11, 2019 Item #12 Page 135 of 143 Tammy McMinn From: Sent: To: Council Internet Email Monday, June 3, 2019 8:43 AM Chris Garcia; City Clerk Subject: FW: Delivery Status Notification (Failure) FYI for June 11. Per Sheila, the Clerk's office will attach to the staff report. From: Penny Carrasco Sent: Friday, May 31, 2019 8:09 PM To: Council Internet Email <City·council@carlsbadca.gov> Subject: Fwd: Delivery Status Notification (Failure) ----------Forwarded message ---------- From: Penny Carrasco To: Council@carlsbad.ca.gov Cc: Bee: Date: Fri, 31 May 2019 12:56:13 -0700 Subject: Re: Opposition to the Proposed Construction of Romeria Pointe Apartments, Carlsbad 92009, Corner of Gibraltar and Romeria. From: Carol (Penny) Carrasco, 7527 Jerez Ct. #F, Carlsbad, CA 92009. Letter #1, dealing mostly with Soil Issues, Erosion over time, Steady Slippage in the area and Drainage Problems (made more difficult since this area is "Downstream" .... Dear Mayor Hall and City Council Members, PLEASE INCLUDE THIS EMAIL IN THE PUBLIC RECORDS AND IN STAFF REPORTS SUBMITTED TO COUNCIL. I have been a long time resident/homeowner in North County. First home in 1982 in Leucadia. Current Jerez address in Carlsbad for 16 years. Therefore, I have observed the increased development in this area of North County. Some areas well-planned and developed with one of the primary concerns to provide Safe, Attractive & Healthy neighborhoods. Others, where "high density" City zoning and "Bonus Density Credit" to developers have resulted in Public Safety & Health and Welfare Issues. Before sending this email, I spent the last few weeks walking around the Lacosta area, primarily from El Camino to Romeria; and, on Pueblo (next to the small community park, so that I could go into the Park and the Overlook into the canyons. There is also a dog park in that residential area above the Tennis Courts.) 1 June 11, 2019 Item #12 Page 136 of 143 My La Costa walk -- On La Costa , Marbella (even after all the excavation in 2005), is still dealing with Erosion and Soil problem. Costa Pointe -which is next to Marbella, was allowed to build backing up to that same shifting hillside; and, once again, it is easy to see how they are still dealing with soil, slippage and drainage issues. La Costa Avenue in area of Open Land prior to Marbella, then Marbella and Costa Pointe has continual problems with the road full of breaks, cracks, and larger fizzures. The hillside in that area continues with its erosion and slippage and downstream drainage, affecting the stability of the land and the road. I deeply care about "quality of life" and living in a "sustainable environment" --Public Safety being of utmost importance ---not only for the present time;, but also, the future for 'our' children, and their children, etc .. In Summary, my concerns on PUBLIC SAFETY, HEALTH & WELL-BEING: 1) SERIOUS SOIL, DRAINAGE AND SLIPPAGE ISSUES ON LACOSTA, AS WELL AS GIBRALTOR, ROMERIA AND JEREZ. The following are only a few examples of what has occurred in this area: (a) Gibraltar Cul-de-sac by Canyon -7495 to 7501 required major excavation b) Bella Vista 7506 Gibraltar redid the landscaping in the back and front of these apartments. In addition they built retaining .walls to hold back the soil. c) Golf Crest has also dealt with hillside issues behind their condos d) La Costa Bluffs on Lacosta, 2930-2936 and 2940-2946 had to redo their drainage systems after building were completed and rented (after the first big rain; in addiition, they are still dealing with slippage from the hillside behind them. This hillside is the Open Area on the corner of Gibraltar and Jerez. The slippage of that hillside is very apparent. e) Recent large sink hole under home at 7543 Jerez Ct. f) 7570-7572 Gibraltar. Condos. High Structure into the hillside area which has caused more erosion about those buildings. Affects that address and the condos to their right. After the recent heavy rains, for about 2 weeks crews were working on the retaining wall(s) area behind these units and erosion and drainage on the hillside. Final 'thoughts' for the issues in Letter #1... In "good faith" practices, I believe that the City Officials, the City Engineers, the Land Developers, etc...have a responsibility, if not an obligation, to notify Homeowners of serious erosion and soil slippage issues. This way Homeowners can choose do their own intervention/prevention maintenance on their own property. If members of City Councvil could make the time to do a "walk about" in this area, they could easily see the serious problems that I have mentioned in this email. And, also be able to -----Message truncated ----- 2 June 11, 2019 Item #12 Page 137 of 143 1 Sheila Cobian To:Sheila Cobian Subject:FW: Romeria Pointe Apartments   ‐‐‐‐‐Original Message‐‐‐‐‐  From: Council Internet Email   Sent: Tuesday, June 4, 2019 2:11 PM  To: City Clerk <Clerk@carlsbadca.gov>  Cc: Chris Garcia <Chris.Garcia@carlsbadca.gov>; Jason Geldert <Jason.Geldert@carlsbadca.gov>; Jennifer Horodyski  <Jennifer.Horodyski@carlsbadca.gov>  Subject: FW: Romeria Pointe Apartments    Regarding agenda item on June 11.     ‐‐‐‐‐Original Message‐‐‐‐‐  From: Forge House    Sent: Tuesday, June 4, 2019 12:50 PM  To: Council Internet Email <CityCouncil@carlsbadca.gov>  Subject: Romeria Pointe Apartments    Dear City Council Members and Mayor Hall.    I would like this email to be included in the public records and in staff reports submitted to the Council.    I am writing to you today as a concerned citizen of Carlsbad.  It has come to my attention that City Planning recently  approved the building of 2 x 4 storey buildings known as Romeria Pointe.  I believe this putting Carlsbad citizen safety at  risk.    It is known that this area in La Costa has poor soil and storm water issues.  The scope of work for Romeria Pointe is  extreme.  This project will only add additional problems to the ones already in existence with land slippage and sink  holes.  This could ultimately cause harm or death to Carlsbad citizens.     Please reconsider your decision on Romeria Pointe.  I ask that you do not allow this project to be built.    Thank you very much for your time.    Yours faithfully  Carol Franco‐Kovacik  Romeria Street Resident    Sent from my iPad    June 11, 2019 Item #12 Page 138 of 143 1 Sheila Cobian To:Sheila Cobian Subject:FW: Romeria Pointe Proposed Project   From: Council Internet Email   Sent: Wednesday, June 5, 2019 9:06 AM  To: City Clerk <Clerk@carlsbadca.gov>  Cc: Jason Geldert <Jason.Geldert@carlsbadca.gov>; Chris Garcia <Chris.Garcia@carlsbadca.gov>; Jennifer Horodyski  <Jennifer.Horodyski@carlsbadca.gov>  Subject: FW: Romeria Pointe Proposed Project        From: Kara Brem    Sent: Wednesday, June 5, 2019 7:28 AM  To: Council Internet Email <CityCouncil@carlsbadca.gov>  Subject: Romeria Pointe Proposed Project    Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. Romeria Pointe Apartments was approved by City Planning on March 20th, 2019. I appreciate you taking the time to hear my concerns regarding this project. All projects up to March 2019 for this land had been denied by the city because of soil issues. Those of us in the neighborhood assumed this would be the case on the evening of the March 20th and not enough of us came forward to express our concern. We were shocked when it was approved!  There is great concern that the extreme site work taking place like mass excavation and piles drilled down into bedrock will disrupt near by land leading to public safety issues such as slippage. The GeoSoils Inc. report dated November 21, 2017 states the following which addresses our concern of soil and slope stability: "On a preliminary basis, the feasibility of storm water infiltration at the subject site is considered very low, owing to the fine-grained nature of the onsite earth materials and the occurrence of relatively dense formational materials underlying the existing fills, and extending to depth. If storm water were to infiltrate, it would most likely perch upon till lifts or the Santiago Formation and migrate laterally, This may have detrimental effects (i.e, distress) on onsite and offsite improvements, including public and private underground utility trenches, and slope stability, The potential for onsite storm water infiltration to induce offsite damage is considered moderate for the site." Please keep us safe. Please support our appeal. Kara Brem June 11, 2019 Item #12 Page 139 of 143 2   “Hustle and heart is what sets me apart”    Kara Brem  For the Love of North County  Realtor®  Windermere Homes & Estates DRE# 01939667  m: 831-818-3050  w: www.karabrem.com e: kara@karabrem.com    See what my past clients have to say at: https://www.zillow.com/profile/karabrem/#reviews   June 11, 2019 Item #12 Page 140 of 143 1 Sheila Cobian From:Tammy McMinn Sent:Wednesday, June 05, 2019 2:17 PM To:Sheila Cobian Subject:FW: Romeria Pointe Apartments: Detrimental Effects FYI    Kind regards,  Tammy McMinn, CPMC, CMC  Deputy City Clerk  City of Carlsbad  760‐434‐2953    From: City Clerk   Sent: Wednesday, June 5, 2019 2:09 PM  To: Tammy McMinn <Tammy.Cloud‐McMinn@carlsbadca.gov>  Subject: FW: Romeria Pointe Apartments: Detrimental Effects    Hello,    Please see the below correspondence to the City Council.    Thank you,       Hector Gomez  Deputy City Clerk  City of Carlsbad  1200 Carlsbad Village Drive  Carlsbad, CA 92008‐1949  www.carlsbadca.gov    760‐434‐5021 |  hector.gomez@carlsbadca.gov    From: Council Internet Email   Sent: Wednesday, June 5, 2019 2:06 PM  To: City Clerk <Clerk@carlsbadca.gov>  Cc: Chris Garcia <Chris.Garcia@carlsbadca.gov>; Jason Geldert <Jason.Geldert@carlsbadca.gov>; Jennifer Horodyski  <Jennifer.Horodyski@carlsbadca.gov>  Subject: FW: Romeria Pointe Apartments: Detrimental Effects      June 11, 2019 Item #12 Page 141 of 143 2 From:    Sent: Wednesday, June 5, 2019 12:56 PM  To: Council Internet Email <CityCouncil@carlsbadca.gov>  Subject: Romeria Pointe Apartments: Detrimental Effects    Dear City Council Members and Mayor Hall, This is a follow up e-mail addressing additional items for your review prior to next weeks City Council Meeting regarding the Romeria Pointe Appeal. I hope by now you have had a chance to review the geotechnical report by GeoSoil, Inc. Specifically, the report dated November 21, 2017. (Received by City Planning July, 2, 2018) This report is specifically referenced in the Priority Development Project (PDP)/Storm Water Quality Management Plan (SWQMP) report prepared by MLB Engineering. This report dated January 10, 2019. I contacted City Planning on May 23rd looking for information on storm water. In a voice message back I was told that since this area was “very constrained” they had a 3rd party review the project. I was intrigued so I reviewed the (PDP)/(SWQMP) report at City Planning. Under "Other Site Requirements and Constraints" in the (PDP)/(SWQMP) report, please note the following was stated: The site is uphill from a steep slope and infiltration is not recommended by the soils engineer due to potential for DETRIMENTAL impacts downhill of the project. See GeoSoils Inc. Geotechnical Update Evaluation dated November 21, 2017. The report includes the following recommendation: "On a preliminary basis, the feasibility of storm water infiltration at the subject site is considered very low, owing to the fine-grained nature of the onsite earth materials and the occurrence of relatively dense formational materials underlying the existing fills, and extending to depth. If storm water were to infiltrate, it would most likely perch upon till lifts or the Santiago Formation and migrate laterally, This may have detrimental effects (i.e, distress) on onsite and offsite improvements, including public and private underground utility trenches, and slope stability, The potential for onsite storm water infiltration to induce offsite damage is considered moderate for the site." Definition of "detrimental" is tending to cause harm. Synonyms: harmful, damaging, injurious, hurtful, dangerous, disastrous At the March 20th meeting Chris Garcia, City Planner, presented this project as two 4 story buildings. Further discussion was had that Building A was going to be 45' with projections to 48'. Building B was 48' with projections to 51'. Lots of inconsistency. 1. The geotech report by GeoSoil, Inc. dated September 12, 2018 states "we understand that the residential buildings will be up to 3 stories in height." However, I understood it to be 4 per the presentation on March 20th. 2. Notice of Public Hearing sent to residents dated Friday, May 31, 2019 states "a" four story building 23 units will be built. This indicates one building. However, I understood it to be 2 buildings, A and B per the presentation on March 20th. 3. (SWQMP)/(PDP) dated January 10, 2019 states "proposed project includes the construction of a 16 unit apartment complex in 2 buildings". However, I understood it to be 23 units per March 20th meeting. I was trying to understand what discretionary plans Fire Prevention reviewed. As indicated above was it: One (4) story building? Two (3) story buildings? A 16 unit apartment complex in two June 11, 2019 Item #12 Page 142 of 143 3 buildings? What was proposed on March 20th two (4) story buildings? OR something else? I was provided the following information: Per Brianne Daley from the Fire Department, Fire Marshal’s Office does not prepare written reports for discretionary project reviews. Any comments Fire Prevention may have regarding project deficiencies are submitted electronically to the assigned Planner for inclusion in the Discretionary Plan Report produced by the Planner. City Planning indicated that the project was resubmitted and routed to the Fire Marshal on July 2018 and comments were provided on 7/25/18 as follows: “Information only to applicant: NFPA 13R Fire Sprinklers required. Fire Alarm required. Fire lane plan shall be submitted to fire as delayed submittal for location, markings & signage. Fire access looks ok. No corrections required to plan.” Insufficient Fire Protection would be a public safety issue. I still don't have an answer to what the Fire Marshal reviewed July 2018. Was the reviewed project 16 units? 23 units? 3 stories high? 2 buildings? On May 28th, 2019 City Planning contacted Pilot Property. This is Villa Romeria's property management company. Villa Romeria being the condo complex that sits adjacent to the proposed Romeria Pointe. A copy of the City Permit from the work we had done by Eagle Lift in 2014 was requested. I'm trying to understand how it is that the city is reaching out to our Property Management company for a document that came from the city??? It did not take days, weeks, or months for them to receive the requested document but rather hours. This is the first request to better understand what work was done on our property several years back. I would like this e-mail to be included in the public records and in staff reports submitted to council. Please keep this neighborhood in Carlsbad safe! Thank you again for your time. Beth Citrano Carlsbad, CA 92009 June 11, 2019 Item #12 Page 143 of 143 To the members of the: '°kl y COUNCIL :)ate \ \C\CA ✓ CC ✓ 1\11 {_ COO ✓ DCM (3) V, Council Memorandum June 11, 2019 To: From: Honorable Mayor Hall a Scott Chadwick, City M na bers of the City Council Gityof Carlsbad Re: the June 10 City Council Briefings Agenda Item No. 12 -Appeal of Planning Commission Decision to Approve Romeria Pointe Apartments Project ' Question 1: Please provide a copy of the TIA Guidelines. Answer: Please see attached. Attachment: City of Carlsbad Transportation Impact Analysis Guidelines, April 2018 cc: Celia Brewer, City Attorney Elaine Lu key, Chief Operations Officer Gary Barberio, Deputy City Manager, Community Services City Manager's Office City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t Ccityof Carlsbad CllY OF CARLSBAD TRANSPORTATION IMPACT ANALYSIS GUIDELINES . April 2018 TRANSPORTATION IMPACT ANALYSIS GUIDELINES ---------------------------------- TABLE OF CONTENTS CCityof Carlsbad Ca!ifo1nia 1. BACKGROUND ............................................................................................................................................... 3 2. PURPOSE & OBJECTIVES OF TRANSPORTATION IMPACT ANALYSES .............................................................. 5 3. TIA SCOPING REQUIREMENTS ....................................................................................................................... 9 4. SCENARIOS TO BE STUDIED ......................................................................................................................... 16 5. TRAFFIC GENERATION ................................................................................................................................. 17 6. TRIP DISTRIBUTION AND ASSIGNMENT METHODOLOGY ............................................................................. 19 7. EVALUATION METHODOLOGY ..................................................................................................................... 20 8. SIGNIFICANCE OF AUTO IMPACTS TO CONSIDER MITIGATION .................................................................... 29 9. SIGNIFICANCE OF PEDESTRIAN, BICYCLE, AND TRANSIT SYSTEM IMPACTS TO CONSIDER MITIGATION ...... 33 LIST OF TABLES Table 1: Types of Transportation Impact Analysis Report Required & Elements to be Included ............................... 13 Table 2: Analysis Methodology ................................................................................................................................... 20 Table 4: Roundabout Level of Service Thresholds ...................................................................................................... 22 Table 5: MM LOS Level of Service Thresholds ............................................................................................................. 24 Table 6: Measure of Significant Project Traffic Impacts Roadways Subject to the Vehicle MMLOS Standard ........... 30 LIST OF FIGURES Figure 1: MMLOS Required Analysis by Mobility Element Roadway .......................................................................... 11 APPENDICES Appendix A: Scoping Agreement April 2018 2 I Page CCityor TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad ----'--------------------------------Ca Ii f o, 11 ia 1. BACKGROUND Projects in the City of Carlsbad may require an analysis and evaluation of project-specific transportation impacts to comply with the California Environmental Quality Act (CEQA) and City regulations. These Transportation Impact Analysis Guidelines provide direction for this review consistent with the General Plan Mobility Element vision that "seeks to enhance vehicle, walking, bicycling, and public transportation systems options within Carlsbad, and improve mobility through increased connectivity and intelligent transportation management." The Transportation Impact Analysis Guidelines define the process used to review projects to reflect the Carlsbad Community Vision core values related to sustainability, neighborhood revitalization, access to recreation, active transportation, and healthy lifestyles. The Transportation Impact Analysis Guidelines eliminate the requirement to evaluate intersections using methodologies based on auto delay that have historically been used in the City of Carlsbad consistent with the following statement taken from the Governor's Office of Planning and Research website: Governor Brown signed Senate Bill (SB) 743 (Steinberg, 2013), which creates a process to change the way that transportation impacts are analyzed under CEQA. Specifically, SB 743 requires OPR to amend the CEQA Guidelines to provide an alternative to LOS for evaluating transportation impacts. Particularly within areas served by transit, those alternative criteria must "promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses." (Public Resources Code Section 21099(b)(1).) Measurements of transportation impacts may include "vehicle miles traveled, vehicle miles traveled per capita, automobile trip generation rates, or automobile trips generated." {Ibid.) Once the CEQA Guidelines are amended to include those alternative criteria, auto delay will no longer be considered a significant impact under CEQA. {Id. at subd. (b}(2}.) Transportation impacts related to air quality, noise and safety must still be analyzed under CEQA where appropriate. (Id. at subd. (b)(3).) (http://www. opr. ca.gov/ceqa/updates/sb-7 43/) While the analysis of auto delay will no longer be required to comply with CEQA, the Growth Management Program (GMP) established by the City of Carlsbad in 1986 requires an evaluation of roadway facilities. The GMP ensures that "development does not occur unless adequate public facilities and services exist or will be provided concurrent with new development." The Citywide Facilities and Improvements Plan (last amended August 22, 2017) states that "when individual development projects are considered, a public facilities adequacy analysis will be provided as part of the report on the project to ensure that it is consistent with both the Citywide and Local Zone Plan." The Transportation Impact Analysis reports on the adequacy of the transportation facilities according to the following performance standards established in the current Citywide Facilities and Improvements Plan: Implement a comprehensive livable streets network that serves all users of the system -vehicles, pedestrians, bicycles and public transit. Maintain LOS D or better for all modes that are subject to this multi-modal level of service (MM LOS) standard, as identified in Table 3-1 of the General Plan Mobility Element, excluding LOS exempt intersections and streets approved by the City Council. These concepts are codified in Section 21.90.080 of the Carlsbad Municipal Code (Growth Management) that states: April 2018 3 I Page TRANSPORTATION IMPACT ANALYSIS GUIDELINES ~ityof Carlsbad ----------------------------------- If at any time after preparation of the local facilities management plan the performance standards established by a plan are not met then no development permits or building permits shall be issued within the local zone until the performance standard is met or arrangements satisfactory to the City Council guaranteeing the facilities and improvement have been made. An annual Traffic Monitoring Program (TMP) was also established as part of the Growth Management Plan to monitor the transportation facilities according to the established performance standards at that time. The TMP historically evaluated key intersections and roadway segments using traffic data collected each summer reflecting traditional morning and afternoon peak hour traffic conditions. The findings and recommendations were summarized in an annual TMP report, which provided the basis for determining if the annual growth in traffic was compliant with the GMP. The GMP monitoring program will be updated to be consistent with these Transportation Impact Analysis Guidelines. In 2015, the City of Carlsbad adopted the General Plan Update (GPU) Mobility Element, which includes a "Livable Streets Vision and Strategies" section. It is consistent with the California Complete Streets Act (AB-1358) which requires cities in California to plan for a balanced, multi-modal transportation system that meets the needs of all travel modes. It is a fundamental shift in how the city will plan and design the street system viewing streets as a public space that serves all users of the system (e.g., elderly, children, bicycles, pedestrians). The Mobility Element recognizes that each street within the city is unique given its geographic setting, adjacent land use, and the desired use of that facility. It identifies a street typology (Fig. 1) appropriate for the uniqueness of the street and identifies which modes of travel (pedestrian, bicycle, vehicles, transit) should be accommodated on that street. According to the Mobility Element, vehicular level of service "will be determined by the most recent version of the Highway Capacity Manual." The Mobility Element also established a new Multi-Modal Level of Service (MMLOS) methodology for pedestrian, bicycle and transit transportation modes. The Transportation Impact Analysis Guidelines provide a detailed description of the methodology to be followed in identifying project impacts for applicable transportation facilities in compliance with applicable federal, state and local requirements (e.g., CEQA, GMP and the 2015 General Plan Mobility Element). Apri/2018 4 I Page CCityor __ T_RA_N_S_P_O_RT_A_T_IO_N_IM_P_A_CT_A_NA_L_Y_SI_S_G_U_ID_E_LI_N_ES ______________ Carlsbad California 2. PURPOSE & OBJECTIVES OF TRANSPORTATION IMPACT ANALYSES 2.1 Purpose of Transportation Impact Analyses Transportation Impact Analyses (TIA's) forecast, describe, and analyze the effect a development will have on the existing and future circulation infrastructure for all transportation modes. The purpose of the TIA is to assist engineers and planners in both the development community and public agencies when making land use and other development decisions. A TIA quantifies the changes in traffic levels and translates these changes into transportation system impacts in the vicinity of a project. These findings can then be used to determine project specific improvements or mitigation measures to offset the project's impacts to the transportation system. If certain circumstances are met the General Plan Update allows some street facilities to be exempt from the LOS standard as approved by the City Council. 2.2 Objectives of TIA Guidelines The following guidelines were prepared to assist the City of Carlsbad in promoting consistency and uniformity in TIAs. All Mobility Element roadways, all State routes and freeways (including metered and unmetered ramps), and all pedestrian, bicycle and transit facilities that are impacted should be included in each study. The following Mobility Element Implementing Policies provide direction for the Traffic Impact Analysis Guidelines: • Apply and update the city's mu/ti-modal level of service (MM LOS) methodology and guidelines .... Utilize the MMLOS methodology to evaluate impacts of individual development projects and amendments to the General Plan on the city's transportation system. (Policy 3-P.3) • Implement the city's MM LOS methodology and maintain LOS Dor better for each mode of travel for which the MMLOS standard is applicable ... (Policy 3-P.4) • Require developers to construct or pay their fair share toward improvements for all modes consistent with this Mobility Element, the Growth Management Plan, and specific impacts associated with their development. (Policy 3-P.5) • Utilize transportation demand management strategies, non-automotive enhancements (bicycle, pedestrian, transit, train, trails, and connectivity), and traffic signal management techniques as long-term transportation solutions and traffic mitigation measures to carry out the Carlsbad Community Vision. (Policy 3-P.8) • Develop and maintain a list of street facilities where specific modes of travel are exempt from the LOS standard (LOS exempt street facilities), as approved by the City Council. For LOS exempt street facilities, the city will not implement improvements to maintain the LOS standard outlined in Policy 3-P.4 if such improvements are beyond what is identified os appropriate at build out of the General Plan ... (Policy 3-P.9) • Require new development that adds vehicle traffic to street facilities that are exempt from the vehicle LOS standard (consistent with Policy 3-P.9) to implement (Policy 3-P-11): April 201s 5 I Page {9ityof __ T_RA_N_S_P_O_RT_A_T_IO_N_IM_P_A_CT_A_NA_L_Y_SI_S_G_U_ID_E_LI_N_ES ______________ Carlsbad California Transportation demand management strategies that reduce the reliance on single-occupancy automobile and assist in achieving the city's livable streets vision. Transportation systems management strategies that improve traffic signal coordination and improve transit service Caltrans has slightly different LOS objectives for State highway facilities. For example, Caltrans has a target LOS "C" standard for State highway facilities. Caltrans may defer to the lead agency to determine the appropriate target LOS consistent with the following Mobility Element Implementing Policy: • Encourage Ca/trans to identify and construct necessary improvements to improve service levels in Interstate- s and State Route 78. (Policy 3-P.7) These guidelines are subject to update as future conditions and experience become available. 2.3 Analysis Strategy for Transportation Impact Analysis The General Plan Update (GPU) Mobility Element states that: The transportation system envisioned in the 1994 General Plan has largely been realized, with the majority of the street infrastructure constructed to its ultimate configuration. As the city looks increasingly to infill development rather than outward expansion, the primary transportation issues relate to protecting and enhancing the community's quality of life, as reflected in the core values of the Carlsbad Community Vision. The community's vision includes better pedestrian and bicycle connections between neighborhoods, destinations, and different parts of the community, and a balanced transportation system rather than a singular focus on automobile movement. Increasing regional travel demand leads to more trips using City of Carlsbad roadway facilities that neither originate nor terminate within the City limits (i.e., "cut-through" or "bypass" traffic). The GPU Mobility Element acknowledged that policies aimed at continuing to expand our roadway facilities to meet ever- expanding demand is counterproductive and likely to conflict with competing community values and objectives listed in the city's Climate Action Plan (CAP). Rather, the City of Carlsbad should best manage and maintain the transportation facilities planned for and constructed consistent with the City's General Plan. As noted above, "auto delay will no longer be considered a significant impact under CEo.A." Intersection analysis based on auto delay used for planning purposes have been found to produce: recommended mitigation measures that induce traffic and therefore increase congestion recommended mitigation measures that do not directly resolve a project's specific impact questionable nexus studies questionable estimates of reserve capacity very specific, but highly inaccurate results (especially in forecasted scenarios) 2.4 Basis for Limiting Delay-Based Intersection LOS The intersection level of service methodology according to the Highway Capacity Manual involves an evaluation of the average delay experienced by all vehicles using the intersection. The accuracy of these average vehicle delay calculations is directly related to the accuracy of very specific traffic data. This methodology reflects a snapshot in time and is highly appropriate for evaluating intersection geometrics, determining intersection signal timing, or evaluating design alternatives. However, the generalized traffic Apri/2018 6 I Page {9ityof TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad -----------------------------------(11 I ifor n id data available for planning level decisions does not provide the precision required for this specific level of service calculation, and may yield unreliable or inconsistent results. That is, it is unrealistic to accurately forecast the numerous variables that are required to ~alculate level of service based on delay. Variations in input variables, variations in peak hour volumes and other factors can result in fluctuations in intersection level of service from one study to another and across different study scenarios for a given project. The delay-based intersection LOS analysis has a critical limitation; it cannot adequately determine how close traffic volumes are to an operational capacity. The estimate for average delay is related to so many independent variables that it is not designed to determine when an intersection will reach a specific LOS threshold. Specifically, the impact of increased traffic volume depends on what movements are impacted. This means that an intersection experiencing an increase of 10 vehicles turning left at an intersection could result in a failing LOS result, while an increase of 100 vehicles turning right could improve the overall intersection LOS (i.e., the added right turn traffic experiencing below average delay offsets the few vehicles expected to experience above average delay). As noted below, this is the reason why mitigation measures for traffic impacts to signalized intersections often implement improvements to the right turn movements. Using average delay to evaluate transportation impacts to an intersection tends to identify mitigation measures that don't directly address the main cause of congestion. Furthermore, the proposed improvements may not directly correlate to the traffic generated by the specific project. For example, a significant impact is reported for a proposed project because the traffic at an intersection is forecasted to increase the average delay beyond the LOS E threshold. For this example, the direct project impact is identified to be an excessive queue in the westbound left turn lane. However, to reduce the project's impact to less than significant, an improvement is identified for the southbound right turn movement even though it does not have a queuing problem; that is a southbound right-turn overlap improves overall delay but does not address the excessive queue for the westbound left turn movement. Although the overall delay in this example is reported to fall below the level of significance, the proposed project does not include a mitigation measure that directly addresses the project's impact. These are the primary reasons why the Transportation Impact Analysis Guidelines transitioned from the granular detail of the intersection LOS methodology based on the Highway Capacity Manual. The City Traffic Engineer/ City Engineer will retain the discretion to add specific intersections to the study area to be analyzed using a methodology consistent with the latest version of the Highway Capacity Manual. 2.5 New Approach for Evaluating Traffic Impacts These guidelines shift the focus of auto level of service from the subjective nature of intersection delay calculations to an approach evaluating traffic impacts using two methodologies: • a corridor operations analysis based on roadway capacity according to the Highway Capacity Manual and subject to the LOS standard; and • a turning movement needs assessment for intersections. Evaluating corridors allows the City to assess the ability for the existing and future facilities to carry through traffic (i.e., how is the experience of drivers traveling through several intersections along the corridor). The methodology proposed for analyzing corridors includes factors that reflect the Apri/2018 7 I Page CCityof TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad _ _;_..,;_;,;_..:..:....;._;;_;_ ______________________________ ca Ii f o, 11 i a understanding that signalized intersections tend to be the controlling factor for determining a roadway's capacity. The corridor analysis is focused on identifying the need to add travel lanes necessary to serve the mainline traffic; and a separate evaluation is needed of the capacity of the side streets and turning lanes at intersections along a corridor. To address potential operational and capacity issues at signalized intersections, TIA's will be required to include an analysis of the queues for left and right turning movements. The queue analysis will determine if adequate turn lanes and adequate qu~ue storage is provided at the signalized intersections within the project study area. Queues that exceed capacity affect the carrying capacity of the roadway (i.e., automobiles that can't queue up in the turn lane will block the lanes serving through movements and reduce main-line capacity). The queue analysis will determine where new turn lanes are needed and where existing turn pockets may need to be lengthened to improve corridor performance and address potential safety issues. As stated above, transportation impacts related to safety must still be analyzed under CEQA where appropriate. Traffic signal warrants will also need to be conducted for unsignalized intersections in the study area. 2.6 Approach to Mitigating Impacts The corridor LOS analysis coupled with a turning movement needs assessment will identify the appropriate roadway facility improvements needed to be identified in the TIA according to the city's GMP. The City of Carlsbad recognizes that trying to build its way out of congestion is unsustainable and may conflict with objectives in the Climate Action Plan and General Plan. The General Plan allows for exemptions to the levels of service standards when specific criteria are met. Theses exemptions require mitigation measures that rely on management tools that include: a) Transportation Demand Management (TDM)1 strategies that provide goods and services to the public in a way that reduces the demand for auto travel-especially during peak periods; and b) Transportation Systems Management (TSM}2 strategies that improve traffic flow so that people can travel in autos more efficiently without widening roadways. TIAs are expected to include mitigation measures that support TDM objectives to provide viable options to single occupancy vehicle trips and TSM measures that improve the efficiency of the existing roadway system. The General Plan prioritized shifting travel modes away from the single occupancy vehicle to shared mobility choices, such as vanpool, carpool, walking, bicycling and taking transit. These Transportation Impact Analysis Guidelines integrate the new MM LOS methodology that will be used to determine gaps in the existing infrastructure for all modes. It also identifies requirements for mitigating project impacts and providing enhanced and expanded vehicle, bicycle, pedestrian and transit facilities adjacent to the project site. 1 Also known as "Travel Demand Management" and ''Traffic Demand Management" 2 Also known as ''Traffic Signal Management" and ''Traffic Systems Management" April 2018 8 I Page (]:ityof __ T_;,;_RA_;,;_N-'--S_P_O_RT_A_T_IO_N_I_M_PA_CT_A_N_A_LY_S_IS_G_U_ID_E_L_IN_ES ______________ Carlsbad California 3. TIA SCOPING REQUIREMENTS Prior to initiating a TIA, a scope of work shall be submitted, reviewed, and approved by City staff. Special situations may call for variation from these guidelines, which will be discussed du ring the scoping process. When state facilities are included within a project study area, Caltrans and the City of Carlsbad should agree on the specific methods used in TIAs involving any State Route facilities, including metered and unmetered freeway ramps. 3.1 Scoping Agreement Early consultation among the development community, City of Carlsbad, other affected jurisdictions, and Caltrans is required to establish the base input parameters, assumptions, and analysis methodologies for the TIA. A Scoping Agreement with City of Carlsbad shall be filed prior to initiating the Transportation Impact Analysis report (refer to Appendix A of these guidelines). The Scoping Agreement ensures an understanding of the level of detail and the assumptions required for the analysis. Always check with City staff for their concerns prior to preparing the initial Scoping Agreement. For straightforward studies prepared by consultants familiar with these TIA procedures, a telephone call or e-mail may suffice. For consultants unfamiliar with City requirements or for more complex projects, a project initiation meeting is recommended prior to submitting or concurrently with the submittal of the initial Scoping Agreement. 3.2 Facilities to be Included in the Study Area All projects access points and on-site circulation will be identified in the study area. The geographic extent of the study area is described for each mode that is subject to evaluation below. All TIAs shall include a project study map according to Section 3.3 that defines all transportation facilities to be evaluated according to this section. The modes that will be evaluated are based on the street typology for roadways connecting the project to the citywide transportation system and the location of the project. Figure 1 on the following page illustrates the mode analysis required for each Mobility Element roadway in the City of Carlsbad. The extent to which the analysis is conducted is described later in these guidelines. The following outlines the guidelines for determining the geographic area to be examined in the studies: AUTO: INTERSECTIONS: All intersections within 0.25 miles of a project access points serving vehicles will be included in the study area. Additional intersections within 0.25 to 0.5 miles from the project access points may also be added to the study area at the discretion of the City Engineer/ City Traffic Engineer. ROADWAY SEGMENTS: • Non-freeway roadway segments that are subject to Auto MMLOS Criteria and expected to experience an increase in project traffic equal to 50 or more peak-hour trips in either direction of travel. • Freeway Mainline Segments where the project adds 50 or more peak-hour trips in either direction of travel • Freeway Entrance and Exit Ramps where the proposed project will add 20 or more peak-hour trips and/or cause any traffic queues to exceed ramp storage capacities. Apri/2018 9 I Page TRANSPORTATION IMPACT ANALYSIS GUIDELINES ~ityof Carlsbad --------------------------------------, a I if or n i., PEDESTRIAN: • All pedestrian facilities that are directly connected to project access points will be included in the study area • All pedestrian facilities adjacent to the project development site that provide direct pedestrian access to the project site will be included in the study area. • The analysis of each pedestrian facility will extend in each direction to the nearest intersection or connection point to a multi use trail or path. The study area will extend from the project site (northbound and southbound OR eastbound and westbound) until a Mobility Element Road or Class I trail is reached in each direction. • Pedestrian facilities shall include all existing and proposed sidewalks, crosswalks, signalized pedestrian phases, and ADA-compliant facilities. • Pedestrian analysis need only be conducted for the side of the street where the project is located unless the project is located on both sides of the street, in which case both sides of the street should be studied. • Pedestrian analysis shall be conducted for all roadway segments included in the study area that are subject to the Pedestrian MM LOS standards (see Figure 1). BICYCLE: • All facilities that bicyclists can legally use shall be included in the study area from each project access point extending in each direction of travel to the nearest intersection, dedicated bicycle facility, or connection point to a multiuse trail or path. Inventory and evaluation shall include all off-street and on-street bicycle paths, lanes and routes. • Bicycle analysis shall be conducted for both directions of travel (e.g., both sides of the street) of each facility included in the study area. • Bicycle analysis shall be conducted for roadway segments subject the Bicycle MM LOS standards (see Figure 1). TRANSIT: • All existing transit lines and transit stops within a ½ mile walking distances of the project site shall be included in the study area. • If the roadways within the study area are not subject to Transit MM LOS standards (see Figure 1) no further transit analysis is required. • All transit lines located within a½ mile walking distance of the project site will be analyzed according to the Transit MMLOS • All pedestrian routes linking the project site to a transit line within the¼ mile walking distance boundary. • If no transit lines are provided, but the roadways within the study area are identified as subject to transit MM LOS, the project shall complete the MM LOS worksheet for "No Transit Located within½ Mile Walk from Subject Site or Roadway Segment". • Transportation Demand Management Measures shall be identified for the project, which may include on- demand transit, flex or other measures. Apri/2018 10 I Page CCityor TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad _....:..:_.::...::..:..=..:.--=-:..:..:...:....:..:....:..:::..:..:....:..:.:.;;.:._;_:.=..;_..:...;_;_.:.:....:.:::..:...:;_:..:.__:...:..cc::....::..=.:..:..=.:: ________________ C a Ii f o, n i a i :·' 7 t 1.J \ ( I Figure 1: MMLOS Required Analysis by Mobility Element Roadway Apri/2018 11 I Page {"Cityof __ T_RA_N~S_P_O_RT_A_T_IO_N_IM_P_A_CT_A_NA_L_Y_SI_S_G_U_ID_E_LI_N_ES ______________ Carlsbad Ca I i r or n i" 3.3 Project Study Area Maps The project study area shall be clearly reflected in a map included in the TIA report and shall be provided with the Scoping Agreement. Depending upon the size and complexity of the study area, the study area map may need to be represented on multiple figures (study roadways, study intersections, etc.). Facilities that the City Council have identified as exempt from LOS standards must be clearly identified in the project study area map. 3.4 Vehicle Traffic Data Collection The vehicle traffic data used in the TIA should generally not be more than 2 years old and should not reflect a temporary interruption (special events, construction detour, etc.) in the normal traffic patterns unless that is the nature of the project itself. If recent traffic data are not available, current counts must be made by the project applicant/consultant. Use of traffic data that does not conform to this requirement must be approved by the City Engineer / City Traffic Engineer as part of the Scoping Agreement prior to inclusion in the TIA. 3.5 Report Categories The type ofTIA required for a project is based on consistency with the General Plan, Specific Plan or zoning as well as the number of vehicular trips generated by the site. The type of TIA required will be determined during the Scoping Agreement phase of the project. Table 1 outlines the ADT volume threshold requirements used to determine the type of TIA required and the elements included in each level of TIA. Apri/2018 12 I Page TRANSPORTATION IMPACT ANALYSIS GUIDELINES Table 1: Types of Transportation Impact Analysis Report Required & Elements to be Included 1--- Forecast Project Generated Auto Trips -----~ -- I --------- <500 ADT 500 to 1,000 ADT 1,000 to 2,400 ADT >2,400 ADT I or or or 01 Land Use I <SO peak hour trips I 50 to 100 peak hour trips 100 to 200 peak hour trips >200 peak hour trips Conforms to Approved Specific Level I Plan or Master Plan Conforms to General Plan or Level I Level Ill Level V Level VII Zoning Does not Conform to General Level II Level IV Level VI Level VIII Plan or Zoning Scenarios to be Evaluated Trip Regional MMLOS Trip Distribution & S1gnal12ed Uns1gnal1zed Ex1st111g Cumuldt1ve Horizon T1avel (ped, bike, Study Area Generation Assignment Intersection Intersection Cond1t1ons Cond1t1ons YCtU Demand transit) Map Table Figure Analys,s Analys,s Analysis Analysis Anr1lyc;1c;; Model Run Level I • • • Level II • • • • • • • Level Ill • • • • • • • Level IV • • • • • • • • Level V • • • • • • • • Level VI • • • • • • • • • Level VII • • • • • • • • • • Level VIII • • • • • • • • • • Secl1011 Sectron Section Sect IOll ~cct1on :icctron Sect1011 Sect1011 Re','r ,•nee 7 b 3 3 5 0 (, l) 7 l 7 2 4 U -- {city of Carlsbad C • I I ( o r n 1 .t LFMP Spec1fll TIA • • • • Sect 10n J 7 Note: All TIA's will require MM LOS Analysis. The modes evaluated for each study will be determined by street typology and project location, not total vehicular trips. Refer to Section 3.2 for additional information. March2018 13 I Page TRANSPORTATION IMPACT ANALYSIS GUIDELINES CCityof Carlsbad ----------------------------------ca I, for nl a 3.6 VMT Analysis In September 2014, the California Governor signed Senate Bill 743 (SB743), which requires the use of methods other than LOS to define Transportation Impacts in environmental documents. SB743 Guidelines published by the Office of Planning and Research has recommended the use of Vehicle Miles Traveled (VMT) as the replacement for LOS. At the time these guidelines were published, the CEQA checklist had not been updated to reflect this transition from LOS to VMT. And the San Diego Region had yet to adopt a method for calculating and reporting impacts related to VMT. In November 2017, the Governor's Office of Planning & Research (OPR) released Technical Advisory on Evaluating Transportation Impacts in CEQA, which provides guidance in evaluating transportation impacts under the SB743 changes to CEQA. The document includes a two-year transition period, which will allow regional and local agencies to establish methodologies and metrics for identifying impacts using VMT. Hearings related to the amendments and additions to the State CEQA Guidelines, including changes related to SB743, will occur in March 2018. Following the hearings, the Natural Resources Agency will consider all comments and make appropriate changes. The Natural Resources Agency will then consider the adoption of the new CEQA guidelines. Local agencies in San Diego County are working toward developing regionally accepted guidelines for conducting VMT analysis consistent with the requirements of SB743. The SANTEC/ITE Transportation Mobility Task Force has established a SB743 working group that is drafting and testing methods for evaluating VMT at both the regional and project level. In addition, SAN DAG has published a white paper on VMT modeling in the region. At the time these Transportation Impact Analysis Guidelines were published, a methodology for evaluating impacts and thresholds of significance related to VMT had not been adopted for the San Diego region. Until the methodology and thresholds are adopted, Transportation Impact Analysis reports in the City of Carlsbad may not be required to submit VMT with their technical analysis. However, the need for and approach to VMT analysis may be required for large scale projects, specific plans or project that are anticipated to result in a significant change in community VMT. The need for VMT analysis shall be discussed during the approval of the Scoping Agreement. The U.S. Department of Transportation published the report Evolving Use of Level of Service Metrics in Transportation Analysis-California Case Study stating: " ... while VMT is a useful umbrella metric for transportation impacts, it is not designed to be a performance metric for the functioning of the transportation system. Operating an effective transportation system requires a focus on accessibility for people and goods to reach destinations in an efficient manner." 3.7 Local Facility Management Zones There are 25 local facility management zones in the City of Carlsbad. Each zone has an adopted Local Facility Management Plan (LFMP), which outlines how the zone will be developed, how it will comply with the Growth Management standards, and what public facilities will be provided. In addition, the plan outlines how the facilities will be funded. Projects that amend the General Plan must conduct an LFMP Specific Traffic Impact Analysis to evaluate the impacts of the General Plan amendment on the facilities located in local facility management zones. The study area for the LFMP Specific Traffic Impact Analysis report will be defined as: a) the entire local facilities management zone where the general plan amendment is located and b) all intersections and March2018 14 I Page CCityof __ T----RA __ N----S_P_O_R_TA_T_IO_N_IM_P_A_CT_A_N_A_LY_S_IS_G_U_ID_E_L_IN_E_S ______________ Carlsbad C 4 I i f o r n i a roadways in other local facility management zones expected to have auto traffic increase by 20% or more due to trips generated by the General Plan amendment. The SAN DAG Regional Travel Demand Forecast Model shall be used to determine the extent of the 20% threshold. The scope and extent of the LFMP study area shall be discussed and confirmed with city staff prior to proceeding with the technical analysis. All technical analysis for intersections and roadway segments within the LFMP Specific Traffic Impact Analysis shall conform to the methodologies outlined in these guidelines. Apri/2018 15 I Page {:Cityof _ _:_T....:..RA....:..N....:..S....:..P..::.O....:..RT..:...;A_T_IO....:..N_;_:_IM_P_A_CT_A_N_AL_Y_S_IS_G_U_ID_E_LI_N_ES ______________ Carlsbad California 4. SCENARIOS TO BE STUDIED After documenting existing conditions, both near-term (within approximately the next five years) and long-term (usually for a 20-year planning horizon or build-out of the area), analyses are needed. All of the following scenarios shall be addressed in the TIA (unless there is concurrence with the City Traffic Engineer or City Engineer that one or more of these scenarios may be omitted): • Existing Conditions -Document existing traffic volumes and peak-hour levels of service in the study area. The existing deficiencies and potential mitigation should be identified. • Existing + Proposed Project -Analyze the impacts of the proposed project on top of existing conditions. This scenario is typically evaluated to determine if the addition of project traffic to existing traffic will directly impact the existing roadway network. • Cumulative Conditions-Analyze the cumulative condition impacts from "other" approved and "reasonably foreseeable" pending projects that are expected to influence the study area as identified by City staff (e.g., application on file, project in the pipeline). This is the baseline against which project impacts are assessed. City of Carlsbad should provide copies of the TIAs for the "other" projects if available. If data is not available for near-term cumulative projects, an ambient growth factor should be used. • Cumulative Conditions+ Proposed Project-Analyze the impacts of the proposed project on top of existing conditions and near-term projects (along with their committed or funded mitigation measures, if any). • Horizon Year (Baseline Condition)-Identify Horizon Year (20+ years) future conditions through the output of the most recent SANDAG Regional Transportation Demand Model or the model approved by the City Engineer/City Traffic Engineer in the Scoping Agreement. For projects less than 2,400 new project trips per day, no new model runs are required. Baseline Horizon Year volumes can be determined using existing available Horizon Year model data provided by SAN DAG for the City of Carlsbad. If the proposed project is consistent with the land uses represented in the model, the project traffic should be removed from the Horizon Year forecast volumes to establish the baseline condition. For projects with more than 2,400 new project trips per day, a new model run will be necessary for the "baseline condition". • Horizon Year+ Proposed Project -For projects with less than 2,400 new project trips per day, the project trips shall be added to the Baseline Horizon Year volumes based on trip distribution and assignment approved by the City Engineer/ City Traffic Engineer in the Scoping Agreement. For projects with more than 2,400 new project trips per day, a new model run will be necessary for the "with project" conditions to determine both the distribution of traffic (select zone model run) and Horizon Year volumes In order to use LOS criteria to measure traffic impact significance, proposed model or manual forecast adjustments must be made to address scenarios both with and without the project. Model data should be carefully verified to ensure accurate project and "other" cumulative project representation. In these cases, regional or sub-regional models conducted by SANDAG need to be reviewed for appropriateness. Aprl/2018 16 I Page TRANSPORTATION IMPACT ANALYSIS GUIDELINES CCityof Carlsbad ------------------------------------- 5. TRAFFIC GENERATION Use of the SAN DAG "Traffic Generators" manual and "(Not So) Brief Guide ... " trip generation rates shou Id first be considered. Next, consider rates from ITE's latest "Trip Generation" manual or "/TE Journal" articles. If local and sufficient national data do not exist, conduct trip generation studies at sites with characteristics similar to those of the proposed project. If this is not feasible due to the uniqueness of the land use, it may be acceptable to estimate defensible trip rates -only if appropriate documentation is provided. Refer to the section below on special generators and non-conforming land uses for further information on methodology for conducting trip generation studies. Reasonable reductions to trip rates may also be considered, including: • Pass-by and Diverted Traffic on Adjacent Roadways: SANDAG trip reduction factors may be used. • Transit Oriented Development Transit Trip Reductions: SANDAG trip reduction factors may be used for developments within a ¼ mile walking distance to a local transit station. This includes this Poinsettia, Carlsbad Village and The Shoppes at Carlsbad Transit Center. • Mixed-use Development Trip Reduction: SANDAG MXD and/or ITE Mixed Use trip reduction methods may be used for projects where multiple, compatible land uses are located within a project site, within a densely populated region of the city or within a ¼ mile walking distance of compatible supporting land uses. It should be noted that a project may be considered mixed use based on the surrounding environment in addition to the land uses·within the project boundary. For example, a retail project located within a high density residential area may be considered "mixed use" if the site is accessible by bicycle and by foot and is within ¼ mile of the high density residential area. The applicant shall work with City staff to determine if a project is considered mixed use and must demonstrate using GIS or other land use evaluation tool to determine the potential for mixed use trip reduction credits. (e.g. If a restaurant reduces vehicle trips by SO patrons, then applicant must show there are SO residents within walking distance of the restaurant use). Caltrans or adjacent jurisdictions may use different trip reduction rates. Early consultation with all reviewing agencies is strongly recommended. All trip reduction factors shall be discussed in the Scoping Agreement with justification for the trip reduction approach and application. Special generators and non-standard land uses are land uses not included in either the SANDAG "Traffic Generators, (Not So) Brief Guide of Vehicular Traffic Generation Rates", (April 2002, or most recent addition) or the Institute of Transportation Engineers (ITE) "Trip Generation Manual" (most recent edition). They may also be defined as land use types included in these manuals, but the project may have special circumstances that make the trip generation for the proposed facility unique compared to those included in these standardized manuals. For projects with special generators or non-standard land uses, a trip generation study will be submitted to the City with the scoping letter documenting the proposed trip generation rates. The trip generation study will include data collected for a similar use within the region or other credible information that can clearly quantify the trips that may be generated by the proposed use. The data collection methodology shall be in compliance with ITE Trip Generation Study methodologies outlined in the Institute of Transportation Engineers Trip Generation Manual Volume 1: User's Guide and Handbook. Preparers are Apr/12018 17 I Page CCityof __ T_RA_N_S_P_O_RT_A_T_IO_N_IM_P_A_CT_A_NA_L_Y_SI_S_G_U_ID_E_LI_N_ES ______________ Carlsbad Calirotnia encouraged to contact City staff prior to conducting the trip generation study to confirm assumptions and methodology. The City will review the trip generation study with the Scoping Agreement and may provide feedback or request additiona I information as appropriate prior to accepting the special generator or non- standard land use trip generation rates. Apri/2018 18 I Page CCityor __ T_RA_N_S_P_OR_T_A_T_IO_N_I_M_PA_CT_A_N_A_LY_S_IS_G_U_ID_E_L_IN_E_S _____________ Carlsbad Callfocnia 6. TRIP DISTRIBUTION AND ASSIGNMENT METHODOLOGY Project trips can be assigned and distributed either manually or by the SAN DAG model based upon review and approval of the City Engineer / City Traffic Engineer. The magnitude of the proposed project will determine which method is employed. All projects generating more the 2,400 new vehicle trips per day will be required to use SANDAG's Regional Transportation Demand Model for a select zone analysis to determine trip distribution. Projects generating less than 2,400 new vehicle trips per day will use the manual trip distribution method. If the SANDAG model is used, the centroid connectors should accurately represent project access to the street network. Preferably the project access points would be consistent with the traffic zone connectors used in the model. Some adjustments to the output volumes may be needed (especially at intersections) to smooth out volumes, quantify peak volumes, adjust for pass-by and diverted trips, and correct illogical output. If the manual method is used, the trip distribution percentages should be derived based on existing traffic patterns, similar projects or studies conducted within the study area and professional judgement. Trip distribution will be submitted with the Scoping Agreement and approved by the City Engineer/ City Traffic Engineer prior to including in the TIA. April 2018 19 I Page TRANSPORTATION IMPACT ANALYSIS GUIDELINES (City of Carlsbad ---------------------------------------,. I If or n I • 7. EVALUATION METHODOLOGY The TIA shall determine the effect t hat a project will have for each of the previously outlined study scenarios. Analyses for freeways, roadway segments, intersections, and freeway ramps must be conduct ed to determine the transportation impacts associat ed with planned development or projects and are pertinent to t he credibility and confidence the decision-makers have in the res ulting findings, conclusions, and recommendations. Table 2 out lines the City approved methodologies for TIA analysis to be used along w ith some suggested software packages and options. Any deviations from Table 2 must be included in the Scoping Agreement . Table 2: Analysis Methodology Appropriate Software or Study Location Methodology Application Signalized Intersections Queue & Storage Analysis Refer to Section 7.1 Unslgnalized Intersections Warrant Analysis MUTCD-CA (latest edition) Refer to Section 7.2 Roundabouts Delay and queue analysis SIDRA or Rodel, coordinate directly with City Staff Refer to Section 7.3 Arterial and Local Streets 2010 Highway Capacity Manual Capacity Tables Urban Street Methodology Refer to Section 7 .4 Freeway Segments Caltrans District 11 freeway analysis Caltrans Guidelines methodology (peak hourV/C) Refer to Section 7.5 Freeway Ramp Metering Regional Transportation Impact Caltrans Guidelines Analysis Guidelines/Caltrans Refer to Section 7.5 Methodology Transit, Pedestrians, and Bicycles City of Carlsbad MM LOS Worksheets City of Carlsbad MMLOS Tool Refer to Section 7.6 Note: Neither the City of Carlsbad nor Ca/trans officially advocate the use of any social software packages, especiolly since new ones are being developed all the time. However, consistency with the Highway Capacity Manual (HCM) is required based an the City's General Plan Mobllity Element. The above-mentioned software packages have been utllized locally and found ta be consistent with the latest version of the HCM. Because it is so Important to have· consistent end results, always consult with all affected Jurisdictions, including Ca/trans, regarding the analytical techniques and software being considered (especially if they differ from above) for the TIA. Apri/2018 20 I Page ~ityof __ T_RA_N_S_P_O_RT_A_T_IO_N_IM_P_A_CT_A_N_AL_Y_S_IS_G_U_ID_E_L_IN_E_S ______________ Carlsbad Cal1fo1nia 7.1 Signalized Intersections All signalized intersections within the study area are subject to the signalized intersection analysis. The analysis will address the adequacy of the signalized intersection geometry to serve the existing, forecast and project traffic through the intersection. As stated previously, all signalized intersection within 0.25 miles ofthe project auto access driveway or intersection shall be evaluated if the project adds trips to the left turn or right turning movements at the intersection. The signalized study area will be based on trip generation and trip assignment for the project. Analysis will be based on the following criteria: • Left turn queue assessment: Compare the left turn volume with the length of the left turn pocket(s). A general rule of thumb of one foot per left turning vehicle per lane may be used for this analysis. • Left turn volume: If the left turn volume exceeds 250 vehicles per hour, a second left turn lane is recommended. • Right turn volume: If the right turn volume exceeds 150 vehicles per hour, a dedicated right turn lane is recommended. 7.2 Unsignalized Intersections Unsignalized intersections located along corridors subject to Auto MM LOS within the project study area may require a traffic signal warrant analysis. A warrant analysis is required if: • The unsignalized intersection provides direct access to the project site, or • The unsignalized intersection provides direct access to a cumulative project considered in the Transportation Impact Analysis, or • The unsignalized intersection has been identified by the City as a potential signalized intersection. A warrant analysis is not required for right turn in/right turn out only intersections or driveways that are physically restricted by raised center median. 7.3 Roundabout Analysis Should a project recommend the construction of a new signalized intersection, the intersection shall be further analyzed using Caltrans Intersection Control Evaluation (ICE) methodology. If the analysis indicates that a roundabout should be evaluated, analysis shall be conducted using one of the following methodologies: SIDRA or RODEL. Both programs provide queue and roundabout performance data that should be integrated into the traffic analysis report for roundabout controlled intersections. Both programs provide results that are compatible with HCM 2010 and HCM Edition 6 roundabout capacity models, allowing the results of this analysis to be consistent with the requirements of the City General Plan Mobility Element. According to the Highway capacity Manual, roundabout operations are defined solely on the control delay of the intersection which is calculated for each approach as well as for the overall intersection. If the volume to capacity ratio of an approach exceeds 1.0 however, the overall intersection operation is determined to be LOS F. Table 4 defines the levels of service for roundabouts. Apri/2018 21 I Page CCityof __ T_RA_N_S_P_O_R_TA_T_IO_N_IM_P_A_CT_A_N_A_LY_S_IS_G_U_ID_E_L_IN_E_S ______________ Carlsbad Ca I i f o r n i a Table 4: Roundabout Level of Service Thresholds 0-10 A F >10-15 B F >15-25 C F >25-35 D F >35-50 E F >SO F F Source: Highway Capacity Manual 7.4 Local & Arterial Street Operational Analysis Vehicular LOS is a general measure of vehicle traffic operating conditions whereby a letter grade, from LOS A (no congestion) to F (high levels of congestion), is assigned. The flow of vehicles without significant impediments is considered "stable" whereas when traffic encounters interference that limits the capacity acutely, the flow becomes "unstable." These grades represent the perspective of drivers only and are an indication of the comfort and convenience associated with driving, as well as speed, travel time, traffic interruptions, and freedom to maneuver. The level of service grades are generally defined as follows: • LOS A represents free flow travel for vehicles. Individual users are virtually unaffected by other vehicles in the traffic stream. • LOS B represents stable flow, but the presence of other users in the traffic stream begins to be noticeable. • LOS C represents a range in which the influence of traffic density on operations becomes noticeable. The ability to maneuver within the traffic stream and to select an operating speed is now clearly affected by the presence of other vehicles. • LOS D borders on unstable flow. Speeds and ability to maneuver are severely restricted because of traffic congestion. • LOS E represents unstable operating conditions at or near the capacity level where maneuverability is severely limited. • LOS Fis used to define forced or a breakdown traffic flow. Roadways within the project study area subject to Auto MM LOS standards shall be evaluated using the most current version of the Highway Capacity Manual, as outlined in the City's General Plan Mobility Element (2015). Roadway Capacity Tables derived from the Highway CaJ:)aci!Y._Manual were developed specifically for each roadway subject to MM LOS in the City of Carlsbad. The specific capacity calculated for each roadway takes into account key geometric and operational factors including number of lanes, type of facility, intersection cycle length, distance between intersections, and other factors related to lane capacity and signal operations. The capacity for each roadway segment was calculated using the ARTPLAN software, which was developed using the capacity calculations outlined in the HCM. The ARTPLAN software package is used nationally as a planning tool, but alternative methods can be used to calculate roadway segment capacity. Apri/2018 22 I Page CCityor __ TR_A_N_S_P_O_RT_A_T_IO_N_I_M_PA_CT_A_N_A_LY_S_IS_G_U_ID_E_LI_N_ES ______________ Carlsbad Caldornla The City of Carlsbad Roadway Capacity Tables provide the directional capacity for each roadway segment subject to MMLOS analysis in the General Plan Mobility Element. To evaluate the operating conditions along a study corridor, peak hour volumes should be compared to the Roadway Capacity Tables to determine the segment operating conditions. The LOS for each segment shall be reported for all study scenarios in the TIA. Roadway Capacity Tables shall be provided by the City Engineer/ City Traffic Engineer at the time of project initiation when the Scoping Agreement is approved. 7.5 State Owned Facility Level of Service (Freeways, Interchanges, Ramps, Ramp Meters) Analysis of State Owned facilities will be conducted in compliance with District 11 Transportation Impact Analysis requirements. At the time the Traffic Impact Analysis Guidelines was published, the Guide for the Preparation of Traffic Impact Studies (December 2002) was the guiding documents for State Owned facilities in San Diego County and it called for applying the following methodologies: • Freeway Segments -Highway Capacity Manual (HCM), operational analysis • Weaving Areas -Caltrans Highway Design Manual (HDM) • Ramps and Ramp Junctions -HCM, operational analysis or caltrans HDM, Caltrans Ramp Metering Guidelines (most recent edition) 7.6 Pedestrians, Bicycles and Transit Level of Service Analysis The City's MM LOS methodology provides a qualitative "grade" assigned to travel modes, ranging from a level of service (LOS) A to LOS F. LOS A reflects a high service standard for a travel mode (e.g. outstanding characteristics and experience for that mode) and LOS F would reflect a poor service standard for a travel mode (e.g. congestion for vehicles, inadequate bicycle, pedestrian, or transit facilities, etc.). The City's General Plan established a standard of LOS Dor better only for the travel mode(s) subject to the MM LOS standard for the designated roadway typology as identified in the table below consistent with Mobility Element Table 3-1. In 2016, the City developed a method for evaluating MMLOS. Each non-auto travel mode (pedestrian, bicycle, and transit) receives its own LOS score and corresponding letter grade as shown in Table 5. The City strives to maintain LOS D or better on each roadway for each mode of travel that is subject to this standard. As part of the City's Mobility Element, streets were classified into typologies as illustrated previously in Figure 1 consistent with Table 3-1 of the Mobility Element. As stated in the Mobility Element, the typology of the roadway section determines witch modes of travel are subjected to the LOS D standard. The intent is to provide a balanced mobility system that emphasizes primary users as opposed to always providing ideal level of service for all modes on every facility. Apri/2018 23 I Page ~ityof __ TR_A_N_S_PO_R_T_A_TI_O_N_IM_PA_CT_A_N_A_LY_S_IS_G_U_ID_E_U_N_ES ______________ Carlsbad Califo,nia Table 5: MMLOS Level of Service Thresholds 90-100 A 80-89 B 70-79 C 60-69 D 50-59 E 0-49 F Source: City of Carlsbad, MMLOS Worksheet Street typologies are provided on the following pages. The City has developed a detailed MM LOS Tool to aid in MM LOS analysis methodology. The City Engineer/ City Traffic Engineer shall provide the most current version of the electronic tool at the time the Scoping Agreement is approved. The following is a brief description of the MMLOS methodology and criteria. outlined in the City's MM LOS Tool: . Pedestrian MMLOS for pedestrian priority streets, the MMLOS criteria evaluates the quality of the pedestrian system (e.g. number of vehicle lanes that need to be crossed and the speed of adjacent traffic;) and the friendliness of the infrastructure at intersections (e.g. pedestrian countdown heads, dedicated pedestrian phases [e.g. a scramble phase], curb extensions, refuge median). In addition, the connectivity and contiguity of the pedestrian system along street sections (particularly ADA-compliant connectivity/contiguity) is a critical component of pedestrian priority streets. Bicycle MMLOS for bicycle priority streets, the MM LOS criteria evaluates the quality of the bicycle system (e.g. bicycle route, bicycle lanes, or bicycle pathway; presence of bicycle buffers from the vehicle travel way), the amenities of the system (e.g. presence of bicycle parking), and the friendliness of the infrastructure (e.g. bicycle detection at intersections, pavement conditions, presence of vehicle parking). In addition, the connectivity and contiguity of the bicycle system along street sections is a critical component of pedestrian priority streets. Transit MMLOS for transit priority streets, the MMLOS criteria evaluates the transit vehicle right-of-way (e.g. dedicated or shared, signal priority), hours and frequency of service (e.g. weekday/weekend hours, peak period highway); performance (e.g. on-time or late); amenities and safety (e.g. lighting, covered stop, bench, on-board bike/surfboard storage); and connectivity (e.g. to other transit routes, employment areas, schools, visitor attractions, and other major destinations). Apri/2018 24 I Page (City of TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad _ ____;_.:..;;_~:..:..._:;_;.;..:.:....:..:....:...:.:.:....:.----------------------------------Ca 1 Jr o t n I a STREET TYPOLOGY AND ACCOMMODATED MODES ACCOMMODATED SUBJECT STREET TYPOLOGY DESCRIPTION AND PREFERRED ATTRIBUTES MODES TOMMLOS STANDARD (YIN) Freeways & y • HlgMpeed facilities designed to accommodate vehicles and bUHS moving through the city and region oiiiiiiiiiiiii; y • Blcydes and pedestrians are prohibited Arterial Streets y • These are the primary vehicle routes through the city for both local and regional whlde trips. • Designed to safely ITICMI ell modes of travel while effldently moving vehicles and buses throughout the city . ----------·----... --- N • T...ttk signals shall .be t00rdinated to optimize vehicle movements • Bi(ycle lanes shall be provided and can be further enhanced or complemented by other facilities 0t off-street pathways • Pedestrian facilities to be provided consistent with ADA requirements N • Mid-block crossings should not be provided • On-m-eet perking should be prohibited along these torrldors • Vertlcal traffic calming techniques (such as speed tablu, humps. etc.) should not be considered ---a y • Special considerations can be considered on arterials within proximity to schools to enh1nat Safe Routes to Schools for pedestrians and blcydlsts. ----------·----·--. --- Identity Streets Ii;. N • 11-streets provide th• primary aCXfls to ■nd from the i-t of the city • the Vill■g■ • Designed to safely move all modes of trftel whlle enhancing mobility for pedestrians and bicyclists • Vehlde speeds should be managed to promote safe pedestrian and bleyde mowment • No pedestrian shall aoM more tha, five vehicular trawl ■nd/or turn lanes • In add"itlon to ADA compliant ramps and sldew11lks, sidewalks should support the adja• c»nt land uses as follows: ~ y -Adjacent to retell uses, modifledhlew sldewalks should generally be a minimum of 10 feet (12 feet preferred) In width where fusible and taking Into consider.tlon the traffic volumes of the adjacent roadway, and allow for the land use to utlllze the sidewalk with outdoor SNting and other activities -Adjacent to residential uses, modified/new sidewalks should be a minimum of 5ix fNtlnwidth El"8Where, modified/new sldewallcs should be a minimum of eight feet In width 16 y • Where feasible, bicyde lanes should be provided • Vehld• Sl)ffds should complement the adjac»nt land uses • Bicycle parking should be provided In retail areas • Bike racks should be readily provided within the public right-of-way and encouraged on private property • Traffic calming devices, such as curb extensions (bulbouts) or enhanced pedestrian aossings should be considered and evaluated few Implementation oiiiiiiiiiiiii; N • Strfftfumiture shall be orl,nwd toward the busillflHI • Mid-block. pedestrian croulngs could be provided at appropriate loations (e.g. where sight distanm Is adequate and speeds are appropriate) • On-street vehicle parking should be provided. In areas with high parking demand, in- novatlve perking management techniques should be Implemented/ a>Midered • Pedestrians should typically be •buffered• from vehicle traffic using landscaping or parked vehicles Apr/12018 25 I Page (Cityof TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad ____ .:....;:._;,___---'------------------------------,•Ii r o, n I a STREET TYPOLOGY AND ACCOMMODATED MODES ACCOMMODATED SUBJECT STREET TYPOLOGY DESCRIPTION AND PREFERRED AllRIBUTES MODES TOMMLOS STANDARD (YIN) VIiiage Streets .-. N I • Primary purpoH Is to mCIIII! people throughout the VIiiage; pl'OYiding aa:en to bus!- ! nenes, residences, transit and reaelltlon Within the Village area. • Designed to safely move ell modes of trawl while enhan<ing mobility for pedlftriens "' y and bicyclists. • Vehicle $peed$ should be rqneged to promote s.fe pedestrian imd bicycle mtJWment • Promote pedestri.n and blcyde connectlvlty through short blodt lengths ~ y • Blcyde lanes should be provided .. I • Blcyde boulevards tan be con51dered I • Pedestrians should be l«Offlmodeted on sidewalks adjacent to the travel way (mini- I mum 5' wide $1d9Walk) ~ N • Mid-block pedestrian crossings and trllffk: calming devices should be considered, but I only et locations with high ~ri.n actMty levels or major destinations/attractions • On-street parking may be provided ArterlalConnecmrStreets I .. y • Primary purpose Is to (Oflnect people 10 different al'ffS end lend uses of the dty by cx,n--I nectlng toffrorn arterial strfftl 1 • Designed to safely move all modes of trav.l while enhancing mobility for pedestrians I "' y and blcycllsts and effklently moving vehicles b.twffn arterial stlffts. • llk:yde lanes should be provided t y • Pedestrians should be ac.c:ommodeted on sidewalks adja(lent to the travel way Cminl- ! mum s• wide sld-allc) l ---·-· --·-----. • Mid-block pedestrian aosslngs and traffic calming devices should be considered, but I ___, N only at locations with high pedestrian activity levels or major destinatlonslattractlons • On-strN\ parking may be provided ~----·· •--•-. --•-·• Neighborhood Connector Strut -N • Primary pufPOM rs to (Oflnect people to different neighborhoods and land um of the dty • Designed to safely mova all modes of travel while enhancing mobility for pedestriam ----·----------•-•--·•-·-· -- I $t y end bicyclists. • Vehicle speeds should be managed to promote safe pedestrian and blcyde movement ·---·-· ·-· • Blcyde lanes should be provided A y • Bkyde boulevards can btt considered • Pedestrians should be aca>mmodated on sidewalks adjacent to the travel way (mini- mum 5' wide sidewalk) .;iiiiiiiiiiiii N • Mid-block pedestrian crossings and traffic calming devices should be oonsldered, but only et loattJons with high pedestri.n activity levels or major destlmrtlons/attractlons • On-street parking may be provided i Apr/I 2018 26 I Page TRANSPORTATION IMPACT ANALYSIS GUIDELINES (City of Carlsbad ---------------------------------------( a 1J f o I' o I I STREET TYPOLOGY AND ACCOMMODATED MODES ACCOMMODATED SUBJECT STREET TYPOLOGY DESCRIPTION AND PREFERRED ATTRIBUTES MODES TOMMLOS STANDARD (VIN) Employment/Transit Connector Streets ... N • Prlmuy purpose 11 to connect people to ind from the employment ar11s of the city, u -II • Important dnti111tions and major transit fac:llltles. -------• Designed to safely move 111 modes of travel whUe enh1ndng mobility for pedesttians ~ y end bkydlm end effldentty moving buses to employment. transit stations and major destinations. ------f----··-··-• Vehlde speeds should be m-ged to promote safe pedest1h1n ind blcyde movement .'1· y • Direct connections to bus stops should be provided • Enhlnced bus stops should be comld■red that include sheltlers, benches, end llghting ---•-··• • Bl~le lanes end sldewelks should be provided --, l y • Pedestrian crossing distances should be minimized • On-street par1clng may be provided CoUUI Street~ -I N • Primary purpose Is to move people along the dty's OCHn waterfront and connect I p■ople to th• beach, recrutfon, buslnlSleS and resldenats In dose proximity to the waterfront. The rtrNt MMtS as a destination for people who seek to drive, walk ind blcyde along the 00Nn waterfront. I • Designed to safely move ell modes of travel while enhlndng mobility for pedestrians ' end bkydlsts. 1-t I y • Vehkle speeds shall be man19ed to support uses along tht co11t • Enhanced blcyde and pedestrian crossings should be provided, including: -High visibility cro5SW1lks -En"-nced pedestriln notlfkatlons (e.g. responsive push-button devices) ---------Enhanced blcyde detection A y I -Blcyde lana shell be provided end Clfl be further~ or complemem.d by other fecllltles {wch es bkyde line buffers or off-street pattiw.ys) • Pedestrian facllltlel should bee minimum of flw feet ind shill strlvll for six to eight feet In width and shell conform to ADA r■qulrements ~ N • Pedestrian ao551ng dbtal!C95 should be minimized • Trell facilities should be encouraged • Opportunities for mid-block pedestriln crossings should be rnvest1g1ted I • On-street p1r1'1n9 should be provided • Tr1nslt facility and operation lmprovemenu should be 1ncour1ged April 2018 27 I Page (c iryor __ T_RA_N_S_P_O_R_TA_T_IO_N_IM_P_A_CT_A_N_A_LY_S_IS_G_U_ID_E_L_IN_E_S ______________ Carlsbad C ol i f otnl a STREET TYPOLOGY AND ACCOMMODATED MODES ACCOMMODATED SUBJECT STREET TYPOLOGY DESCRIPTION AND PREFERRED ATTRIBllrES MODES TOMMLOS STANDARD (YIN) School Streets N • Primary purpose ls to connect people to schools from nNrby residential neighbor• hoods. • Designed to safely move 111 modes of travel with an emphllsls on prCJYldlng safe pedes- trlan and bicycle access for students traveling to and from nearby schools. ij y • Vehlde speeds shall be man.gee! to support school UHS (typlally 25 MPH) • Enlwnced blcyde and pedestrian crossings should be provided, lndudlng: -High vlslbillty Cl'OSSMllks -Enhanced pedestrian notlflatlons (e.s. responsive push-button devices) i y · -Enhanc.d blcycla detection -Blcycle i.nes $hill be provided imd can be further enhanc.d or complemented by other flldlltles or off-street pathways ·------• Pedistrlan fldlltles should be a minimum of six feet and shall strive for eight feet In , N width and shall <X>nform to ADA requirements • Pedestri.n aosslng di5bnces 5houkl be minimized • Opportunities for mid-block pedestrian crossings should be lnvastlgat'ed • Traffic calmlng devices that improve service levels and 51fety for pedin1Jlans and blcy- dlsts shoukl be comiderwd ~--··--·-· -·---·---------Industrial Streets .. y • Primary purpose is 110 connect people to busln-withln the city's Industrial parks. • Designed to~-■II modes of tram while effldently moving vehldes and bU5es $.f N from ■rterial streets and employmentnr..sit connector streets to businesses. • Traffic calmlng devices are generally dlsa>uraged given the propensity for larger trucks and heavy vehicles ln this area lb N • On-ttreet parking may be provided as long H It does not interfere with the tu ming r■dil of huvy whldes. ~ y Local/Neighborhood Street ' N • Prim11ry purpose is to connect people to and through residential neighborhoods end local •ea of the city. • Designed to safely move all modes of travel while enhancing mobility for pedestrians -------and blcydlsts. t, y • Vehicle speeds 5hould be m■n■ged to promote 51fe pedestrian and bicyde movement • Pedestrians should be acx:ommodated on a sidewalk or soft surface trail (such as de- 00fflposed granite} unless tho5e fadlltles are Inconsistent with the exlstl.ng desirable t y neighborhood character • Bkydes c::an be aa:omrnodeted with a blcyde lane or route If vehicle volumes and/or speeds necessit■tr. otherwise bicycles ain 5here the strfft ~ N • Bkyde boulevards can be considered • Traffic calming meuures should be considered when supported by the neighborhood or when wur■nted for s■fety l'MSOns • On-street parking should be considered Apri/2018 28 I Page TRANSPORTATION IMPACT ANALYSIS GUIDELINES (City of Carlsbad -------------------------------------,•I If o r n i • 8. SIGNIFICANCE OF AUTO IMPACTS TO CONSIDER MITIGATION 8.1 Thresholds of Significance The City of Carlsbad Growth Management Program "Citywide Facilities and Improvements Plan (last amended August 22, 2017}" states that the performance standard for the circulation system is as follows: Implement a comprehensive livable streets network that serves a/I users of the system -vehicles, pedestrians, bicycles and public transit. Maintain LOS Dor better for a/I modes that are subject to this multi- modal level of service {MM LOS) standard, as identified in Table 3-1 of the General Plan Mobility Element, excluding LOS exempt intersections and streets approved by the City Council. Section 21.90.080 of the Carlsbad Municipal Code (Growth Management) states t hat: If at any time after preparation of the local facilities management plan the performance standards established by a plan are not met then no development permits or building permits sha/1 be issued within the local zone until the performance standard is met or arrangements satisfactory to the City Council guaranteeing the facilities and improvement have been made. To comply with the Growth Management Program, all roadway facilities identified as not meeting the performance standard (LOS D) in the existing conditions scenario (see Section 4) must be fully mitigated regardless of the project impact to that facility, or the TIA must request an exemption from the LOS D standard according to the Mobility Element Implementing Policy 3-P.9: Aprl/2018 Develop and maintain a list of street facilities where specific modes of travel are exempt from the LOS standard (LOS exempt street facilities), as approved by the City Council. For LOS exempt street facilities, the city will not implement improvements to maintain the LOS standard outlines in Policy 3-P.4 if such improvements are beyond what is identified as appropriate at build out of the General Plan. In the case of street facilities where the •vehicle made of travel is exempt from the LOS standard, other nan-vehicle capacity-building improvements will be required to improve mobility through implementation of transportation demand and transportation system management measures as outlined in Policy 3-P.ll, to the extent feasible, and/or to implement the livable streets goals and policies of this Mobility Element. . Evaluate the list of exempt street facilities, as part of the Growth Management monitoring program, ta determine if such exemptions ore still warranted. To exempt the vehicle mode of travel from the LOS standard at a particular street intersection or segment, the intersection or street segment must be identified as built-out by the City Council because: 29 I Page {Cityof __ T_RA_N_S_P_O_R_TA_T_IO_N_IM_P_A_CT_A_N_A_LY_S_IS_G_U_ID_E_L_IN_E_S ______________ Carlsbad C•l\fo t nl t a. Acquiring the rights of way is not feasible; or b. The proposed improvements would significantly impact the environment in an unacceptable way and mitigation would not contribute to the nine core values of the Carlsbad Community Vision; or c. The proposed improvements would result in unacceptable impacts to other community values or General Plan policies; or d. The proposed improvements would require more than three through travel lanes in each direction. The project causes a significant impact to the transportation facility in the study area if one or more of the following criteria is met: • The roadway facility is projected to exceed the LOS D standard (see Section 7.4) and the project's traffic meets or exceeds the t hresholds of significance listed in Table 6; or • A ramp meter delay exceeds 15 minutes (see Section 7.5) and the project's traffic meets or exceeds the thresholds of significance listed in Table 6; or • The addition of project results in a change in LOS from acceptable (LOS Dor better) to deficient (LOS E or F) on a roadway segment, freeway segment or ramp; or • The project results in a change in conditions on a roadway segment, freeway segment or ramp that exceeds the allowable thresholds (outlined in Table 6) for locations operating at a deficient LOS without the project (baseline conditions). Table 6: Measure of Significant Project Traffic Impacts Roadways Subject to the Vehicle MMLOS Standard .,,, ..... ~ . ---11 .. ,.,,,l,rn•la.■ ~ 1artut1.., . ·-· .,. ... . Any trip added to a segment forecast to operate at deficient LOS requires project Roadway Segment mitigation; Project mitigation will be determined based on project contribution to the identified impact. Freeway Segment 1% increase in V /C or 1 mph decrease in speed Ramp Meter 2-minute increase The project can have either a direct or cumulative impact as follows: • Direct Impacts: any significant impact identified under existing conditions. Direct impacts shall be fully mitigated by the project. • Cumulative Impacts: any significant impact identified under Cumulative and Horizon Year conditions. Aprif 2018 Cumulative impacts may be mitigated through fair share contribution. Projects identified for fair share contribution should be included in the City's Capital Improvement Program (CIP) or Transportation Impact Fee (TIF) program. 30 I Page (Cityof TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad _;_ __________________________________ ( a I If Of n I a Any roadway section that is identified as having a significant impact must either: • Mitigate the traffic impact to pre-project conditions, or • Request LOS exemption from City Council for the LOS standard and identify feasible TSM & TDM mitigation 8.2 Mitigation The TIA report shqll identify mitigation measures for all identified significant impacts. The TIA must demonstrate that the mitigation measures project that the roadway facilities in the study area will meet the applicable auto LOS standard under all scenarios studied (see Table 1 and Section 4). The project can request the roadway facility to be exempt if the request complies with Mobility Element Implementing Policy 3-P.9. Exemptions are considered and approved by City Council. Should the exemption be granted by City Council, mitigation will include appropriate Travel Demand Management (TDM) and Transportation System Management (TSM) measures. Examples of TDM measures will be provided by the City Engineer/ City Traffic Engineer at the time the Scoping Agreement is approved. If the project adds traffic to a facility that has been previously classified as exempt from the auto LOS standard, project mitigation will include appropriate Travel Demand Management (TDM) and Traffic System Management (TSM) measures. Examples ofTDM measures will be provided by the City Engineer / City Traffic Engineer at the time the Scoping Agreement is approved. 8.3 State c;>wned Facility Mitigation In addition, the City of Carlsbad Mobility Element requires future development projects, which are determined during site-specific environmental review to have a significant impact on freeway facilities (1-5 and SR-78), to participate in a freeway traffic mitigation program that has been approved by the city that will avoid, reduce or offset the increase in freeway traffic directly attributable to the proposed project or the impact will be considered significant and unavoidable. The mitigation program may include, but is not limited to, payment of a fair share fee to Caltrans for necessary improvements to affected freeway facilities or to NCTD or such other transit agency for improvement of public transit on affected freeways, or such other activities as will avoid, reduce or offset the project's significant impacts on freeway facilities. Note: It is the responsibility of Ca/trans, on Ca/trans initiated projects, to mitigate the effect of ramp metering, for initial as well as future operational impacts, on local streets that intersect and feed entrance ramps to the freeway. Developers and/or local agencies, however, should be required to mitigate any impact to existing ramp meter facilities, future ramp meter installations, or local streets, when those impacts are attributable to new development and/or local agency roadway improvement projects. 8.4 Transportation Demand Management & Transportation System Management Not all mitigation measures must directly Improve the facility directly impacted by the project (e.g., add a new lane to increase roadway capacity). Technology improvements that expand the transportation system capacity may also be considered as project mitigation. For example, the installation of adaptive signals that can be controlled from the City's Transportation Management Center (TMC) may be a feasible mitigation along one of the City's identified adaptive signal control corridors. Payment toward a TSM project may be considered feasible mitigation. Apri/2018 31 I Page (City of __ T_RA_N_S_P_O_R_TA_T_IO_N_IM_P_A_CT_A_N_A_LY_S_IS_G_U_ID_E_L_IN_E_S ______________ Carlsbad C1llfo,n f a Other mitigation measures may include financial participation in Transportation Demand Management (TDM) strategies. Examples of these TDM projects include transit facilities, bike facilities, walkability, telecommuting, traffic rideshare programs, flex-time, carpool incentives, parking cash-out. Additional mitigation measure may become acceptable as future technologies and policies evolve. 8.5 Signalized and Unsignalized Intersection Operational Improvements Operational improvements may be necessary at signalized and unsignalized intersections that have been identified as exceeding the operational standards outlined in Sections 7.1 and 7.2. The following will be used to determine the need for operational improvements at intersections Included In the study area: Signalized Intersections: The project will identify specific operational issues (e.g., queues projected to exceed storage capacity). Working with the City Traffic Engineer / City Engineer improvements will be identified to address the operational Issues. Unsignallzed Intersections: The project will identify if signal warrants are met for all project scenarios evaluated. Based on the findings of the warrant analysis and the timing of the warrants met, the City Engineer/City Traffic Engineer will determine if a traffic signal is needed and the project responsibility for contributing or constructing the traffic signal. Apr/12018 32 I Page (City of TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad -----------------------------------( 11 I f or n i a 9. SIGNIFICANCE OF PEDESTRIAN, BICYCLE, AND TRANSIT SYSTEM. IMPACTS TO CONSIDER MITIGATION This section presents the methodology to identify project-related impacts to pedestrian, bicycle and transit systems that would require mitigation measures. The following criteria are used to identify pedestrian, bicycle and transit system impacts in the defined study area: • Pedestrian, bicycle and transit facilities within the study area (as defined in Section 3) where the existing condition is LOS E or F; or • Identification of any "gaps" in the pedestrian and bicycle networks Potential mitigation measures could include constructing or a fair share contribution toward the financing of feasible capital improvement projects related to pedestrian, bicycle, and transit facilities. Where applicable a project could contribute a fee toward local or citywide transit capital improvements, or participate in TOM measures that support transit operations. Because of the qualitative nature of the MM LOS methodology, a project impact is significant if an existing pedestrian, bicycle or transit facility is determined to not meet the LOS D standard regardless of the forecasted number of project trips expected to use the facility. An impact occurs and is deemed significant if: • an existing facility in the project study area does not meet the pedestrian, bicycle or transit LOS standard, or • the project causes a standard facility to become substandard (e.g., removal of an existing bike lane or bus stop, or blocking pedestrian access), or • a gap is identified in or directly adjacent to the study area reiated to pedestrian, bicycle or transit service to the project site. Apr/12018 33 I Page (City of TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad ---------------------Ctll fotnl• Aprtl 2018 APPENDIX A SCOPING AGREEMENT 34 I Page (City of __ T_RA_N_S_P_O_RT_A_T_IO_N_IM_P_A_CT_A_N_A_LY_S_IS_G_U_ID_E_L_IN_E_S ______________ Carlsbad CI 11 r O ( n I ,1 Apri/2018 ATTACHMENT A SCOPING AGREEMENT FOR TRANSPORTATION IMPACT STUDY This letter acknowledges the Qty of carlsbad Traffic Engineering Division requirements for the transportation Impact analysis of the following project. The analysis must follow the latest City of cartsbad Transportalon Impact Study Guidelines dated September 2017. Case No. Project Name: Project location: Project Description: ______________________________ _ Related Cases • SP No. EIR No. GPA No. _______________________________ _ CZ No. Consultant Developer Name: Address: Telephone: _____________ _ A. Trip Generation Source: _________________________ _ Extended land Use _________ _ Proposed land Use ____________ _ Extended Zoning Proposed Zoning Total Daily Trips Forcast Dally Trips ____________ _ (Attach a trip generation table. Describe Trip Reduction Factors proposed and lnduded In the trip generation table.) B. Trip Distribution: D Select Zone (Model Series __ ) (Provide exhibit for detailed trip distribution and assignment.) C. Background Traffic Phased Project D No 0 Yes Phases: ----------------- Please contact the Engineering Devision or use the most recentiv provided data Model/Forcast Methodology: __________________________ _ 35 I Page CCityof TRANSPORTATION IMPACT ANALYSIS GUIDELINES Carlsbad _ __:_...:...::_..:;,_:_~..:::..;c....:......,;_;_....:....___;___;___;'-"------------------------------, a Id or n i 9; Apri/2018 D. Study Intersections: (NOTE: Subject to revision after other projects, trip generation and distribution are determined, or comments) 1. 2. 3. 4. --------------- 5. ----------------- 6. ----------------- 7. ----------------- 8. ----------------- E. Study Roadway Segments: (NOTE: Subject to revision after other projects, trip generation and distribution are determined, or comments) 1. 2. 3. 4. ---------------- F. Other Jurisdictional Impacts s. -----------------6. ________________ _ 7. ----------------- 8. ----------------- Is this project within any other Agency's Sphere of Influence or one-mile radius of boundaries? D Yes D No If so, name of Jurisdiction: ---------------------------- G. Site Plan (Attach a legible ll'X17' copy) H. Specific issues to be adressed in the Study (in addition to the standard analysis described In the Guidelines) (To be filled out by Engineering Devision) Recommended by: Consultant's Representative Scoping Agreement submitted on Scoping Agreement Resubmitted on Approved Scoping Agreement: City of Carlsbad Traffic Engineering Division Date Date Date Date 36 I Page Morgen Fry Subject: FW: Romeria Pointe Apartments proposal · From: MaryAnne Orcu_tt Sent: Thursday, June 6, 2019 8:00 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe Apartments proposal To: Council@Carlsbadca.gov Dear City Council Members and Mayor Hall, All Receive -Agenda Item# .kl, For th~ Information of the: ·····: · -~-Dateitl/i}J~~!\£-tl -----•· CM _l[_ ~00 ti DCl\f(3) _!l. I would like this e-mail to be included in the public records and in staff reports submitted to · council. Romeria Pointe Apartments was approved by City Planning on March 20th, 2019. I appreciate you taking the time to hear my concerns regarding this project. All projects up to March 2019 for this land had been denied by the city because of soil issues. Those ofusin the neighborhood assumed this would be the case on the evenip.g of the March 20th. There is great concern that the extreme site work taking place like mass excavation and piles drilled down into bedrock will disrupt near by land leading to public safety issues such as slippage. The GeoSoils Inc. report dated November 21 , 2017 st!ltes the following which addresses our concern of soil and slope stability: "On a preliminary basis, the feasibility of storm water infiltration at the subject site is considered very low, owing to the fine.,.grained nature of the onsite earth materials and the occurrence of relatively dense formational materials underlying the existing fills, and extending to depth. If storm water were to infiltrate, it would most likely perch upon till lifts or the Santiago Formation and migrate laterally, This may have detrimental effects (i.e, distress) on onsite and of:tsite improvements, including public and private underground utiHty trenches, and slope stability, The potential for onsite storm water infiltration to induce offsite damage is considered moderate for the site." Please keep,us safe. Please support our appeal. Also, I am very concerned about parking and noise. Already, Gibraltar Street is very crowded with cars, and although we have a driveway and a two car garage, there are times that cars are blocking our driveway, and there are certainly no other places on the street for our guests to park. How can this be made worse with 23 additional units? 1 We bought our property because the street was very quiet. I am very concerned that the noise will increase significantly with this overcrowding. Why would Carlsbad approve a building project this large for such a small lot? There are no other 4 story buildings on the street, all the other buildings are one and two stories. I fear that this will lower the value of our property. ' '. Please reconsider at minimum the density, if not the whole project. Thank yciu for ·your rionsideration. ·f ~ • • ~ r' •-· f Sincerely, Mary Anne Orcutt Carlsbad, CA 92008. 2 Morgen Fry Subject: FW: re-Romeria Pointe Apartments From: Sent: Thursday, June 6, 2019 6:45 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: re-Romeria Pointe Apartments . To all Members, We sincerely ask your good judgment on this situation! This area is already congested-parking is a real problem! Builders are not concerned about what they are doing to the neighborhood! Will you please not allow this to happen here!! Thank you, Sammy Jo Reeder- Carlsbad, Ca .. ---·-··-··-..... -·-~-------------- _. e Virus-free. www.avast.com 1 Morgen Fry Subject: FW: Romeria Pointe Apartments From: John Cornacchione Sent: Thursday, June 6, 2019 9:32 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> . Subject: Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. . Romeria Pointe Apartments was approved by City Planning on March 20th, 2019. I appreciate you taking the time to hear my concerns regarding this project. All projects up to March 2019 for this land had been denied by the city because of soil issues. Those ofus in the neighborhood assumed this would be the case on_ the evening of the March 20th. There is great concern that the extreme site work taking place like mass excavation and piles drilled down into bedrock will disrupt near by land leading to public safety issues such as slippage. The GeoSoils Inc. report dated November 21, 2017 states the following which addresses our concern of soil and slope stability: "On a preliminary basis, the feasibility of storm water infiltration at the subject site is considered very lo~, owing to the fine-grained nature of the onsite earth materials and the occurrence of relatively dense formational materials underlying the existing fills, and extending to depth. If storm water were to infiltrate; it would most likely perch upon till lifts or the Santiago Formation and migrate laterally, This may have detrimental effects (i.e, distress) on onsite and off site improvements, including public and private underground utility trenches, and slope stability, The potential for onsite storm water infiltration to induce offsite damage is considered moderate for the site." Please keep us safe. Please support our appeal. John Cornacchione Carlsbad, CA 92009 1 Morgen Fry Subject: FW: Romeria Pointe Apartments From: hen < Sent: Thursday, June 6, 2019 10:01 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe Apartments THANK YOU FOR READING THIS Dear City Council Members and Mayor Hall, Please include this email into the Public Records and Staff Reports My name is Susan Ortman and I live at 7551 Romeria Street, Carlsbad 92009. My property is adjacent and next door to the pending Romeria Pointe Development of the Four Story 23 Apartments. Due to circumstances which I will outline I am asking the Council to take a further look into this development. Five years ago our small five unit town home complex had to undergo an extensive lift on the Northside of our building. This was due to land slippage and movement in the area. Our geologist stated that this particular area is unstable which has been verifired by the Geologist that was hired by the Romeria Point Development. I would also like to . point out that that report was done on THREE Stories and not four. There is also a water run off area that I believe is part of the Storm Water system that has not been addressed by the Council. An extensive $400,00 project was completed on the corner of La Costa Ave and South Corner of Romeria but it has not been extended to the North side. The building below us Gulf Crest gets problems from the storm water channel which runs alongside the building plots. There is a hill that runs that side too which all presents safety issues. Fortunately to date there have been no accidents. If this project is allowed to continue under its present guise then I fear there will be severe problems that will only come to light once the project has commenced. I believe there needs to be more due diligence done and investigation by the Council. Thank you for taking the time to read this Sincerely, Susan Ortman 1 Morgen Fry Subject: FW: Public Hearing for Lots 393 and 394 of La Costa South Unit No. 5 From: Reta Mercedes Parker Sent: Thursday, June 6, 2019 10:24 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Public Hearing for Lots 393 and 394 of La Costa South Unit No. 5 Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. Romeria Pointe Apartments was approved by City Planning on March 20th, 2019. I appreciate you taking the time to hear my concerns regarding this project. All projects up to March 2019 for this land had been denied by the city because of soil issues. Those of us in the neighborhood ass.urned this would be the case on the evening of the March 20th. There is great concern that the extreme site work taking place like mass excavation and piles drilled down into bedrock will disrupt near by land leading to public safety issues such as slippage. The GeoSoils Inc. report dated November 21, 2017 states the following which addresses our concern of soil and slope stability: "On a preliminary basis, the feasibility of storm water infiltration at the subject site is considered very low, owing to the fine-grained nature of the onsite earth materials and the occurrence of relatively dense formational materials underlying the existing fills, and extending to depth. If storm water were to infiltrate, it would most likely perch upon till lifts or the Santiago Formation and migrate laterally, This may have detrimental effects (i.e, distress) on onsite and offsite improvements, including public and private underground utility trenches, and slope stability, The potential for onsite storm water infiltration to induce offsite damage is considered moderate for the site." In addition, the last thing we could want happen is a hillside incident during a heavy rain season, similar to what happen back in 2005 at the Marbella condominium complex down the street. Please keep us safe. Please support our appeal. Reta Mercedes Parker Carlsbad, CA 92009 1 Morgen Fry Subject: FW: Romeria Pointe Apts From: Carmen Altamirano Sent: Thursday, June 6, 2019 10:56 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe Apts Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. Romeria Pointe Apartments was approved by City Planning on March 20th, 2019. I appreciate you taking the time to hear my concerns regarding this project. All projects up to Ma,rch 2019 for this land had been denied by the city because of soil issues. Those of us in the neighborhood assumed this would be the case on the evening of the March 20th. There is great concern that the extreme site work taking place like mass excavation and piles drilled down into bedrock will disrupt near by land leading to public safety issues such as slippage. The GeoSoils Inc. report dated November 21, 2017 states the following which addresses our concern of soil and slope stability: "On a preliminary basis, the feasibility of storm water infiltration at the subject site is considered very low, owing to the fine-grained nature of the onsite earth materials and the occurrence of relatively dense formational materials underlying the existing fills, and extending to depth. If storm water were to infiltrate, it would most likely perch upon till lifts or the Santiago Formation and migrate laterally, This may have detrimental effects (i.e, distress) on onsite and offsite improvements, including public and private underground utility trenches, and slope stability, The potential for onsite storm water infiltration to induce offsite damage is considered moderate for the site." Please keep us safe. Please support our appeal. Thank you for your time and consideration. Carmen Altamirano Carlsbad, CA 92009 Sent from my iPhone 1 Andrea Dykes From: Sent: To: Subject: Stuart Knecht < Monday, June 10, 2019 8:23 AM Council Internet Email Romeria Pointe Apartments Appeal Dear City Council Members and Mayor Hall: All Receive -Agenda Item # l1-- For the Information of the: t;:IT'( COUNCIL Pere "'L!e\u ca ✓ cc v CMJL._COO ✓ocM{3) ✓ I am writing to urge you to overturn the previous approval of the Romerio Pointe Apartments project. As you are most likely aware, the November 21; 2017 report by GeoSoils, Inc. raised concerns about soil and slope stability. It is my understanding that all proposed projects prior to the current project had been denied by the city because of soil issues. As an attorney, I suspect the city could face liability, or, at the least, litigation should this project proceed and adjacent properties be adversely affected. In addition, as a property owner on Gibraltar Street, I am greatly concerned about the adverse impact of this proposed project on existing property owners. Parking on this street is already greatly congested to the point ' ' ' that some parkers have actually blocked our access to our driveway. In addition, the noise, traffic and - overcrowding that wil.l be caused by this proposed project will significantly diminish the quality of the existing neighborhood. For these reasons, I strongly urge you to reconsider the approval of this project and to reverse that decision. I request that this .email be included in the public records and staff reports submitted to the Carlsbad City Council. Sincerely, R. Stuart Knecht Carlsbad 92009 Sent from my iPad 1 Andrea Dykes, From: Sent: To: Subject: Mary Surdy Monday, June 10, 2019 6:22 AM Council Internet Email Romeria Pointe Apartments I am writing to express my opinion on the construction of the Romeria Pointe Apartments in Carlsbad. This issue is being heard at the Council meeting tomorrow at 4:00 PM. Although I have seen the meeting on video where the majority of Councilpersons say they drove by and viewed the land for development, no one ever mentioned the overcrowded, high- density area it is located in . I am not against the development of this vacant lot. I am, however, against the number of units that are being planned for this property. The current number is 23 units with 39 parking spaces. I believe the original number of units being planned was 15 and now it's 23. If built as is (23 units and 39 parking spaces, there will be an overflow out to our streets which are already extremely crowded). There are one, two and three bedroom units being constructed which will have more than one car per u'nit, sometimes up to three and then their visitors. On any given day, whether it be in the early morning, early evening and weekends, there are "NO" parking spaces for guests visiting the area. They sometimes have to park south of La Costa Avenue (blocks away in some cases). Anytime a guest arrives at our condominium complex, they comment on the number of cars on the street and the crowded conditions. What adds to this,. even more, is the recent "red curb" striping on Gibraltar, Romeria and Jerez. Although I understand the need for this, this striping again takes away available parking spaces. I truly hope you will consider the many requests for residents and homeowners in our community to consider reducing the number of apartments in this development and/or making it a park. Thank you for our time and consideration. Mary Surdy President/Roundtree Homeowners Association 2 Andrea Dykes From: Sent: To: Subject: Liz Ingle Sunday, June 9, 2019 8:$5 PM Council Internet Email Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. It is known that this area in LaCosta has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme. This project will only add additional problems to the ones already in existance with land slippage and sink holes. This could ultimately cause harm or death to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Sincerely, Li_z Ingle Carlsbad Ca 92009 Sincerely, Liz Ingle Im 3 Andrea Dykes From: Sent: To: Subject: Sunday, June 9, 2019 7:37 PM Council Internet Email Romeria project Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. It is known that this area in Lacosta has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme. This project will only add additional problems to the ones already in existance with land slippage and sink holes. This could ultimately cause harm or death to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank yc:iu very much for your time. Sincerely, Swanson's 4 Andrea Dykes From: Sent: To: Subject: Margaret Dupree Sunday, June 9, 2019 5:48 PM Council Internet Email Romeria Pointe Apartments Dear City Council Members and Mayor Hall, _ I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of two 4-story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens' safety at risk. It is known that this area in La Costa has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme. This project will only add additional problems to the existing ones with land slippage and sink holes. This could ultimately cause harm or death to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask that you do NOT allow this project to be built. Thank you very much for time and consideration. Sincerely, Margaret Dupree . Carlsbad,CA 92009 5 Andrea Dykes From: Sent: To: Cc:. Subject: Nataliia Chishcheva Sunday, June 9, 2019 5:45 PM Council Internet Email Planning Concern --Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. There is currently no parking left at night on the streets of Romeria and Gibraltar. The additional units will bring more cars and will actually eliminate at least 4 current parking spots on Romeria to accommodate entry points for this apartment complex. As a result, the parking problem will increase exponentially. There is curren_tly no bus service for the elementary school. These 30+ new children will have to cross La Costa Avenue, which has two lanes that merge into one at the corner of La Costa and Romeria . This is an extremely dangerous area as these lanes merge on a downhill slope very close to this traffic light. Traffic on La Costa Avenue is already challenging. There are no calming devices to slow traffic and we are concerned about the large number of children that would be walking and crossing the road to go to neighboring schools. We want to ensure there is a plan in plac_e to protect pedestrians and children in the community. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Nataliia Chishcheva 6 Andrea Dykes From: Sent: To: Subject: Trey Spurlock Sunday, June 9, 2019 5:24 PM Council Internet Email Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I beHeve this project is putting Carlsbad citizens safety at risk It is known that this area in Lacosta has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme. This project will only add additional problems to the ones already in existence with land slippage and sink holes. This could ultimately cause harm or death to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Sincerely, Trey Spurlock . , Carlsbad Ca 92009 7 Andrea Dykes From: Sent: To: Cc: Subject: Dear City Council Members, Tetyana Pelypenko Sunday, June 9, 2019 5:21 PM Council Internet Email Planning Re: Romeria Pointe Apartments I am writing to you in opposition to the multi family project being considered on Romeria Street and want this letter entered into the record. Our group of concerned residents in the La Costa area recently learned about the 4-story project that is proposed on the corner of Romeria and Gibraltar streets. With 23 total apartments (20 of which are 3 bedroom), we are estimating an additional 30+ children that will move into the neighborhood. This project is designed to attract large families with children but lacks the open space that will put those children at risk due to hazards in the nearby creek. Because there are no parks or play area in the complex, the creek is the only green space left for children to go. This area is already a known risk for the City. I would like this e-mail to be included in the public records and in staff reports submitted to council. Tetyana Pelypenko , Carlsbad, CA 92009 8 Andrea Dykes From: Sent: To: Cc: Subject: Andrew Chishchevoy Sunday, June 9, 2019 5:16 PM Council Internet Email Planning URGENT: Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recenW approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. It is known that the Lacosta area has poor soil and storm water issues. The scope of this project is massive. There is already currently issues with water and land slippage in this neighborhood with new development. These issues could cause harm or death to Carlsbad citizens. · Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Andrew Chishchevoy 9 Andrea Dykes From: Sent: To: Subject: Mark Bergseid < Sunday, June 9, 2019 2:49 PM Council Internet Email Romeria Pointe Development Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City. PJanning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. It is known that this area in LaCosta has poor soil and storm water issues. The scope of work for Romeria Pointe is too much. This project will only add additional problems to the ones already in existence with land slippage and sink holes. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Sincerely, Mark and Jacqueline Bergseid Bergseid 10 Andrea Dykes From: Sent: To: Subject: Kim Ikehara Sunday, June 9, 2019 2:40 PM Council Internet Email Romeria Pointe apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. It is known that this area in Lacosta has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme .. This project will only add additional problems to the ones already in existance with land slippage and sink holes. This could ultimately cause harm or death to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. ) Sincerely Derek and Kimberly Ikehara Carlsbad CA 92008 11 Andrea Dykes From: Sent: To: Subject: Marshall Spevak Sunday, June 9, 2019 2:20 PM Council Internet Email Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. It is known that this area in Lacosta has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme. This project will only add additional problems to the ones already in existance with land slippage and sink holes. This could ultimately cause harm or death to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Sincerely, Marshall Spevak Andrea Dykes From: Sent: To: Subject: Council Planning Department: Ann Scott Saturday, June 8, 2019 8:07 .AM Council Internet Email Romeria Pointe apartment Proporal We live on Gibraltar Street; Carlsbad and are objecting to the large apartment building proposal that is before Council. Parking and traffic on both Gibraltar and Romeria Streets are already at a high and we feel adding an additional 23 family dwellings would cause more chaos and unsafe pedestrian and traffic areas. There clearly is not enough space for so many more families in this area. Thank you for considering, Ann & Jack Scott Sent from my iPad 13 . Andrea Dykes From: Sent: To: Subject: Chad Friday, June 7, 2019 7:54 PM Council Internet Email Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad and as a resident/ owner at 7557 Romeria Street, directly adjacent to the planned construction. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk It is known that the La Costa area has poor soil and storm water issues. The·scope of this project is massive. Our property was lifted in 2014 costing $25,000. Extensive work will be done for the new project such as MASS EXCAVATION and piles drilled down into bedrock. Our property is known for.its instability and therefore, could be dangerous for our persons and property. There is already currently issues with water and land slippage in this neighborhood with new development, which is of larger scale than originally planned. The Marbella condo complex on La Costa Ave cost the city millions of dollars after the big rain in 2005 caused eight homes to start sliding off the hill. The Rose Canyon Fault runs up to Carlsbad and the extent of this development will weaken our foundation. This could lead to seismic hazard. Past attempts to build have been denied because of the poor soil and the excavation and subsequent settling could create uneven flatwork which may create trip hazards and other damage foundations , flat areas of pavement. These issues could cause harm or death to Carlsbad citizens. There is already a major parking problem in the area, this project adds even more cars and congestion. Villa Romeria has 3 visitor spots that we already have issues with. New development has NO VISITOR PARKING. The project has NO visitor parking because of Bonus Density which does not take into account the existing populations lack of available parking which currently exists. As it is, we have an issue with people parking on our property that are not visiting Villa Romeria residents. This is unsafe for residents at Villa Romeria. This is considered trespassing which is a public safety issue. This issue will be multiplied by the aforementioned issue plus the fact that spots will be taken away on street as the new project needs entrc1nces onto property. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Sincerely, Chad Peck Carlsbad, CA 92009 14 Andrea Dykes From: Sent: To: Subject: Penny Carrasco Friday, June 7, 2019 2:17 PM Council Internet Email Re: Automatic reply: Romeria Pointe Apartment -Corner of Gibraltar and Romeria My email. went forward before its completion. I was in a hurry to finish it as I have to pick up my grandkids. I am unable to retrieve it. My email was close to closure and I was making corrections. Please send the incomplete email forward to the Mayor and the City Council. I will send a short last paragraph this evening. Sincerely, Carol (Penny) Carrasco On Fri, Jun 7, 2019 at 2:13 PM Council Internet Email <CityCouncil@carlsbadca.gov> wrote: Thank you for your email. We value your opinion and we appreciate thetime you have taken to share it with the Carlsbad City Council. If an action is required from your email, the appropriate person will be in contact with you soon. 1 'Andrea Dykes From: Sent: To: Subject: Penny Carrasco Friday, June 7, 2019 2:13 PM Council Internet Email Romeria Pointe Apartment -Corner of Gibraltar and Romeria From: Carol (Penny) Carrasco, Carlsbad, CA92009 2nd Letter Dear Mayor Hall and City Council Members: I would like this e-mail (my 2nd email) to be included in the Public Records and in Staff Reports submitted to Council. My first letter, dated Friday, May 31, contained an ERROR in the section of the email that specifically named various condo and apartment erosion, water drainage & slippage. I referred to the apartment on Gibraltar as "Bella Vista" It should have stated "Bella La Costa.". _Summary from my first letter 5/31/17 _________ _ I am still highly concerned about: a) Slow and Steady Erosion in this canyon area of La Costa b) Water 'down-stream" and drainage issues c) Street safety in regards to : Less & less on street parking. Many areas red-lined because drivers complain about the speeding and the visibility when they trying to get access to the main street "Blind Spots". d) More and more speeding in a marked 25 mph zone and failing to stop at the Stop Sign on Romeria and Gibraltar (sign put in after a bike rider was hit by a car.) d} Recent "High Density" Building. There is a growing need for 'Open Space" in and around apartments. e) Roof decks are beginning to be like a 3rd or 4th story. But, although they may benefit adults and give more space, they are not made to be "playgrounds" for children. Often kids are left to play in the driveways which are also hazardous. Animals have to be taken out to pee and poop on neighbors property .. Protect our Public Safety, Health and Welfare: EVEN 1 LIFE IS WORTH SAVING ---NO ONE SHOULD BE IN HARM'S WAY. This Letter -#2 Additional PUBLIC HEALTH, SAFETY AND WELFARE issue and personal concern. The type of location and the structure & size of Romeria Pointe Apartments. Low Income/Affordable Housing needs to be planned carefully and thoroughly. This type of Housing Development should not only help families SURVIVE; but, more importantly, help them to THRIVE. There is no doubt in my mind that this type of Housing is needed in every community. I have always been a supporter. However, building "high density" 3-4 story buildings, crammed together, and no additional on-site Guest and/or Personal Parking, (where parking is already a serious street issue) doesn't seem like the BEST plan for the lot on the corner of Romeria and Gibraltar. In addition, not providing significant .'open space" within the apartment community will not help to build "community character and connectedness." As Carlsbad moves forward to provide adequate low income/affordable housing, (see CARLSBAD MAGAZINE -MAY /JUNE 2019, P. 16 .. "CITY MATTERSll by Christina Ray. This is a though-provoking actide. It is my hope that the. City Council will continue to support and stand for #1 on the list of Carlsbad City Council 9 Core Values ... " keeping ... a small town feel, beach community character and connectedness" I encourage City Officials and City Council and/or Planning Department to visit Poinsettia Station Apartments on Embarcadero Lane, Carlsbad , 92011. It is a Well-planned "community" with a safe environment. If definitely addresses #1 of the City's core values. 2 The leadership of the Site Manager, Kathi Miller-Rivera, is Exceptional. I am sure she would be willing to show City Council members (and other city employees) around the Poinsetta Station Apartments. I believe that Bridge Housing planned this particular Housing Community with INTEGRITY AND AN I encourage City Officials & City Council 3 Andrea Dykes From: Sent: To: Subject: Nancy Stephenson Friday, June 7, 2019 1 :46 PM Council Internet Email Romeria Pointe Project -letter for public record-request to stop project Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to the council. I am writing today as a concerned citizen and home owner in Villa Romeria, next to the Romeria Pointe project. I am not that familiar with all the technical details of the project but I know we have a lot of extremely concerned home owners around us that, in their eyes, might be fighting for the security and value of their property. For most of us, our home and property is the biggest investment of our lives and anything that even has the potential to take away value is a big concern. NO one knows exactly what will happen if this project goes through but there is potential for damage and wasted time and money. I do know that Villa Romeria paid 32k in 2014 for a geotechnical project and that the area is notorious for unstable soils. We need to know all unknown factors are accounted for by the builder and that someone is liable for any and all damages that occur to our building at Villa Romeria. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Sincerely, Nancy Stephenson . Carlsbad, Ca 92009 4 Andrea Dykes From: Sent: To: Subject: jason stephenson Friday, June 7, 2019 1:28 PM Council Internet Email; Council Internet Email Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today regarding Romeria Pointe building project on Lots 393 and 394 in La Costa. I am the president, home owner, and concerned neighbor at Villa Romeria, the most adjacent property just to the south of Lots 393 and 394. As well as being a concerned home owner I also hold a geology degree which ads another layer to my concern knowing the history of our building and the surrounding problematic soils. As stated in the initially geotechnical report done by GeoSoils for the Romeria Pointe project, soils were an issue and the building plans changed to incorporate and much more elaborate scheme to build a proper foundation to secure such a large·building at Romeria Pointe. Taking off significant more overburden and drilling down to bedrock to secure the foundation will certainly cause some disruption to the nearby soils, including Villa Romeria and others. The disruption to unsteady geology of the area will shake causing some level of liquefaction, turning the soils to a more mobile "liquid" state during the removal of overburden and definitely during the drilling and underpinning that is needed to hammer down to the depth of the bed rock. No doubt the construction of this massive underpinning and foundation will take months if not a year which would put not only local strain on the soils but a long period of time that can compound the effect to the point where the soils underneath Vila Romeria would be dramatically affected. This disturbance to the geology not only affects Villa Romeria but may ultimately lead to an unstable condition underneath the Romeria Pointe project. · As stated by others in Villa Romeria we have undergone 2 different geotechnical projects to resecure our foundation, the most recent in 2014 just from normal seasonal wear and tear to the soils underneath our building. Not to mention the disaster that happened down La Costa Ave. at the Marbella condos in 2007. · Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Regards, Jason Stephenson Carlsbad, CA 92009 5 Morgen Fry From: Sent: To: Cc: Subject: Morgen, Please distribute. Andi Council Internet Email Monday, June 10, 2019 10:58 AM Morgen Fry Jason Geldert; Chris Garcia FW: Romeria Pointe Apartments From: Chris Salazar Sent: Monday, June 10, 2019 10:29 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe Apartments All Receive -Agenda Item# ( ·"?' For the Information of the: CITY COUNCIL ✓ Date Ulill'\=A ✓CC_ CM .Jl coo L DCM (3} .JL I am writing today as a concerned homeowner that overlooks this proposed project. We have been a homeowners for 32 years and familiar with the soil problems as we built an addition many years ago and the city required mulitiple engineering professionals before approving a small project and explained the complex soil problems. This 4 story building will create difficult problems, parking, noise, slippage and environmental issues from the extreme digging that this project. This area has seen extreme growth and LA Costa Ave has become a major thoughfare with terrific traffic problems and noise for many years. Do we really need more cars on this road to travel to this huge apartment complex? PLEASE reconsider your decision on Romeria Pointe, NO 4 story project PLEASE, Christine CormierSalazar and Richard Salazar Carlsbad, CA 92009 Sent from Mail for Windows 10 1 Morgen Fry To: Subject: Council Internet Email RE: Romeria Pointe From: carrie vander woude Sent: Monday, June 10, 2019 10:10 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad and as a resident/ owner at 7557 Romeria Street, directly adjacent to the planned construction.-It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk It is known that the La Costa area has poor soil and storm water issues. The scope of this project is massive. Our property was lifted in 2014 costing $25,000. Extensive work will be done for the new project such as MASS EXCAVATION and piles drilled down into bedrock. Our property is known for its instability and therefore, could be dangerous for our persons and property. There is already currently issues with water and land slippage in this neighborhood with new development, which is oflarger scale than originally planned. The Marbella condo complex on La Costa Ave cost the city millions of dollars after the big rain in 2005 caused eight homes to start sliding off the hill. The Rose Canyon Fault runs up to Carlsbad and the extent of this development will weaken our foundation. This could lead to seismic hazard. Past attempts to build have been denied because of the poor soil and the excavation and subsequent settling could create uneven flatwork which may create trip hazards and other damage foundations, flat areas of pavement. These issues could cause harm or death to Carlsbad citizens. There is already a major parking problem in the area, this project adds even more cars and congestion. Villa Romeria has 3 visitor spots that we already have issues with; New development has NO VISITOR PARKING. The project has NO visitor parking because of Bonus Density which does not take into account the existing populations lack of available parking which currently exists. As it is, we have an issue with people parking on our property that are not visiting Villa Romeria residents. This is unsafe for residents at Villa Romeria. This is considered trespassing which is a public safety issue. This issue will be multiplied by the aforementioned issue plus the fact that spots will be taken away on street as the new project needs entrances onto property. Please reconsider your decision on Romeria Pointe. I ask that you do not allow thi_s project to be built. Thank you very much for your time. Sincerely, Carrie Vanderwoude Carlsbad, CA 92009 1 Morgen Fry From: Council Internet Email Sent: To: Monday, June 10, 2019 11 :57 AM Morgen Fry Cc: Jason Geldert; Chris Garcia Subject: FW: Romeria Pointe Apartments From: Elena Karavodin Sent: Monday, June 10, 2019 11:39 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included.in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. It is known that this area in Lacosta has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme. This project will only add additional problems to the ones already in existance with land slippage and sink holes. This could ultimately cause harm or death to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Sincerely, Elena Michels Carlsbad, CA 92009 1 Tammy Cloud-McMinn From: Sent: To: Cc: MEscobarEck Tuesday, June 11 , 2019 5:41 PM citycou nci l@carlsbad.gov City Clerk Subject: SUPPORT Romeria Pointe Apartments Proposal --Item 12 Agenda (6/11 /2019) Honorable Mayor Matt Hall and members of the City Council: Please accept this letter in SUPPORT of the proposed 23 unit development known as Romeria Pointe Apartments located on the corner of Romeria Street and Gibraltar. I tried to change my schedule so I could attend the hearing tonight but I was not able to. I apologize t his letter is so late. I live a block away on Solano Street. My family and I have been residents of Carlsbad for almost 30 years. It saddens me tremendously to see the rabid NIMBY opposition to this project. It is a modest 23 unit development with much needed on-site affordable housing in area that is surrounded by multi-family development. I became aware of the proposed 4 STORY BUILDING i) PUBUCSAFm S1,Jw,1.~1YQ111•ld1 tOM oi,IMl~?NOI ~•tit anv,,wtl ATTENTION SAY NOTO NEW CONSTRUCTION to Romerla Pointe Apartments lhefe is a City C.ouncil Mtt!lin& on June 11th. 2019 to STOP this p,o~ct from moYln& fOfWard. • • · • sc.>nd .1n c--mait ··iiiMiiilli------===- ® e NO MOR£ PARKING READY FOR NOISE? Oov,,.,o,.,.....,g __ ftN'llS o,I n _ ,,.,,t;. llt~I p;/1~•"115,ty ,.1,'1.htll)'/0\ISUylwlkt t~• 1W £V[RY VOICE mrr TO STOP CONSillUCTION MATTERS egregious traffic issues on· this portion of La Costa Avenue. 1 development when I received this inflammatory and egregious scare tactic flyer on my front door on Sunday night. Th e arguments against the development presented in this flyer are flat out lies and scare tactics. I took the time to go on-line on Sunday night and I read the extensive back-up material for t his project. The absurdity of the arguments raised by the opposition are astonishing. The only issue that I think merits careful consideration is the geologic condition of t he site. As a former City of Carlsbad staff member, I have no doubt that your professional staff has taken great care to ensure t hat all health and safety issues associated with the development have been properly addressed. When you read the majority of the shell letters provided to oppose this project they focus on issues that do not exist in our community. Of note is the fact that many of the letters of opposition are from folks that live much further away from the proposed development than our block (Solano Street). I would also like to state that I spoke with many of my immediate neighbors on Solano street and they had zero concerns about the proposed development. 1. Traffic: There are no Traffic jams and 2. Safety: Most of the kids that go to La Costa Heights (sadly) don't walk to school, they get driven to school. The few that do walk actually go to the one light that exists at the corner of Romeria and La Costa Avenue to cross the street. 3. Light and Air: All the issues raised about blocking air and light are really issues about blocking their private golf course view. 4. Dog Poop: The issue of rampant dog poop on the sidewalks is hardly a reason to deny housing. It is a reason to have a dialogue with your neighbors about being responsible and kind dog owners. 5. Crime: To suggest that this modest development will be the cause of rampant crime as suggested in the flyer is completely disingenuous. 6. Parking: I went out and counted the available street parking on Sunday night at 8 p.m. There were no less than 10 open curb spaces in the half block adjacent to the proposed project. All the projects in the area have garages (many of them filled with storage). My husband and I have raised three children in Carlsbad and had the good fortune of having our parents reside in Carlsbad until three of them passed away. My 80 year old mom still lives in Carlsbad close to this area. The sad thing is our children cannot afford to live in Carlsbad. Opposition to responsible development projects such as this one are a large part of the reason that our housing crisis has reached an all-time high. Please ask your staff about the Geology questions that have been raised so you can be satisfied that they have been addressed and see that the issues are red herrings raised by the opposition. I respectfully urge you to support this project and help us start providing more housing opportunities for our kids. Thank you for your consideration. Marcela Escobar-Eck and Keith Eck 30 year residents on Solano Street 2 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: -----Origina I Message----- Council Internet Email Thursday, June 13, 2019 8:07 AM City Clerk Jason Geldert; Chris Garcia FW: Romeria Pt 4 story Development From: Catherine Sent: Wednesday, June 12, 2019 4:22 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pt 4 story Development Dear Council Members, As a concerned citizen of Carlsbad and long time resident in the Romeria area I would like to voice my opinion on the proposed 4 story development. This proposed project is out of place and nothing short of a disaster for the already overbuilt area. More development at the proposed site would add more traffic congestion to our school area. This neighborhood is not suited for a 4 story monstrosity, practically or visually. Dear members, please make all efforts to keep our neighborhood safe from all the potential problems with this proposed development. Thank you for your consideration. Sincerely, Catherine Belderes 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: City Council Members, Council Internet Email Wednesday, June 12, 2019 8:56 AM City Clerk Jason Geldert; Chris Garcia FW: SUPPORT Romeria Pointe Apartments Proposal --Item 12 Agenda (6/11/2019) This email came in late, but it is regarding Agenda Item 12. Andi From: MEscobarEck@ Sent: Tuesday, June 11, 2019 5:45 PM To: Manager Internet Email <Manager@CarlsbadCA.gov>; Attorney <attorney@CarlsbadCA.gov>; Council Internet Email <CityCouncil@carlsbadca.gov> Cc: City Clerk <Clerk@carlsbadca.gov> Subject: SUPPORT Romeria Pointe Apartments Proposal --Item 12 Agenda (6/11/2019) Honorable Mayor Matt Hall and members of the City Council: Please accept this letter in SUPPORT of the proposed 23 unit development known as Romeria Pointe Apartments located on the corner of Romeria Street and Gibraltar. I tried to change my schedule so I could attend the hearing tonight but I was not able to. I apologize this letter is so late. I live a block away on Solano Street. My family and I have been residents of Carlsbad for almost 30 years. It saddens me tremendously to see the rabid NIMBY opposition to this project. It is a modest 23 unit development with much needed on-site affordable housing in area that is surrounded by multi-family development. I became aware of the proposed development when I received this inflammatory and egregious scare tactic flyer on my front door on Sunday night. 1 4 STORY BUILDING i) PUBUC SAFElY sr.,.,~t yov, lldJ to M OIICkk!? Noc ~•"f 611'/ff\Ott! SAY NO to Romerla Pointe Apartments Thete is a City Counal Me@tl"8 on June 11th, 2019 to STOP'thlJ p,oj,ec:t from mcJYing forward. ® e NO MORE PARKING R~Y FOR NOISE? Oo"°"or \'<Mlf Cu,nti \fM' lfN"Uq(2Jr-=II i~1p;1d,na>S.-, .. lltfp '/OIi iu, .... u ~· i•n EVUlY VOICE HXT TO >TOP CONSTIIUCTl()N MATTERS The arguments against the development presented in this flyer are flat out lies and scare tactics. I took the time to go on-line on Sunday night and I read the extensive back-up material for this project. The absurdity of the arguments raised by the opposition are astonishing. The only issue that I think merits ca reful consideration is the geologic condition of the site. As a former City of Carlsbad staff member, I have no doubt that your professional staff has taken great care to ensure that all health and safety issues associated with the development have been properly addressed. When you read the majority of the shell letters provided to oppose this project they focus on issues that do not exist in our community. Of note is the fact that many of the letters of opposition are from folks that live much further away from the proposed development than our block (Solano Street). I would also like to state that I spoke with many of my immediate neighbors on Solano street and they had zero concerns about the proposed development. 1. Traffic: There are no Traffic jams and egregious traffic issues on this portion of La Costa Avenue. 2. Safety: Most of the kids that go to La Costa Heights (sadly) don't walk to school, they get driven to school. The few that do walk actually go to t he one light that exists at the corner of Romeria and La Costa Avenue to cross the street. 3. Light and Air: All the issues raised about blocking air and light are really issues about blocking their private golf course view. 4. Dog Poop: The issue of rampant dog poop on the sidewalks is hardly a reason to deny housing. It is a reason to have a dialogue with your neighbors about being responsible and kind dog owners. 5. Crime: To suggest that this modest development will be the cause of rampant crime as suggested in the flyer is completely disingenuous. 6. Parking: I went out and counted the available street parking on Sunday night at 8 p.m. There were no less than 10 open curb spaces in the half block adjacent to the proposed project. All the projects in the area have garages (many of them filled with storage). My husband and I have raised three children in Ca rlsbad and had the good fortune of having our parents reside in Carlsbad until three of them passed away. My 80 year old mom still lives in Carlsbad close to this area. The sad thing is our children cannot afford to live in Carlsbad. Opposition to responsible development projects such as this one are a large part of the reason that our housing crisis has reached an all-time high. Please ask your staff about the Geology questions that have been raised so you can be satisfied that they have been addressed and see that the issues are red herrings raised by the opposition. 2 I respectfully urge you to support this project and help us start providing more housing opportunities for our kids. Thank you for your consideration. Marcela Escobar-Eck and Keith Eck 30 year residents on Solano Street 3 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Council Internet Email Wednesday, June 12, 2019 8:57 AM City Clerk Jason Geldert; Chris Garcia FW: Proposed Apartments on Romeria City Council Members, This email came in late, but it is regarding Agenda Item 12. Andi From: Keith Halsey Sent: Tuesday, June 11, 2019 2:22 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Proposed Apartments on Romeria To whom it may concern: I would like this email to be included in the public record and in staff reports submitted to the Council. Cindy Sturgeon Carlsbad, CA 92009 This email is in regards to the proposed 4 story building on Romeria St. I have many concerns on how these developments will have a negative impact on our neighborhood. Please take the time to consider the following reasons. PUBLIC SAFETY CONCERNS: Villa Romeria Lift: Our property was lifted in 2014 costing $25,000. Extensive work will be done for the new project such as MASS EXCAVATION and piles drilled down into bedrock. Our property is known for its instability. Could be dangerous. Soil Problems: Property has known soil problems which could lead to slippage. Past attempts to build have been denied because of the poor soil. Settling, etc. could create uneven flatwork which may create trip hazards. Trespassing: Villa Romeria has 3 visitor spots that we already have issues with. New development has NO VISITOR PARKING. Marbella: Marbella condo complex on La Costa Ave cost the city millions of dollars after the big rain in 2005 caused eight homes to start sliding off the hill. Child Safety: No greenbelts left to play except in the creek across the way 1 Increased Traffic: More accidents, etc. If you know of accidents, etc. please site them. Earthquake: Rose Canyon Fault runs up to Carlsbad. The extent of this development will weaken our foundation. This could lead to seismic hazard. Crime: More people, more crime. Carlsbad PD has told someone that crime is easy in our area with the golf course. Easy escape. OTHER CONCERNS Eye Sore: Will Block light in the day. Car lights at night will be bright. Parking: There is already a major parking problem in the area. This project adds even more cars. Project has NO visitor parking because of Bonus Density. Spots will be taken away on street as the new project needs entrances onto property. Community Values (from City website): Small town feel, beach community character and connectedness. Prioritize protection and enhancement of open space and the natural environment. Support and protect Carlsbad's unique open space an agricultural heritage. Habitat is disturbed: Hawks frequent the Construction site often and nest in those trees on the site. I thank you for your time, and look forward to attending the public hearing today. Sincerely, Cindy Sturgeon 2 Morgen Fry Subject: FW: Proposed Apartments on Romeria From: rebecca sierer Sent: Tuesday, June 11, 2019 1:20 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Cc: Ryan Sturgeon Subject: Proposed Apartments on Romeria To whom it may concern: a ~MY (1•~~--- For tht1 Lifu, :n.;,,,in of the: Date ~JI~ /11~~: ·'~L L ; CM V coo _¥-:JCM (3) V I would like this email to be included in the public record and in staff reports submitted to the Council. Rebecca Sturgeon St Carlsbad, CA 92009 This email is in regards to the proposed 4 story building on Romeria St. I have many concerns on how these developments will have a negative impact on our neighborhood. Please take the time to consider the following reasons. PUBLIC SAFETY CONCERNS: Villa Romeria Lift: Our property was lifted in 2014 costing $25,000. Extensive work will be done for the new project such as MASS EXCAVATION and piles drilled down into bedrock. Our property is known for its instability. Could be dangerous. Soil Problems: Property has known soil problems which could lead to slippage. Past attempts to build have been denied because of the poor soil. Settling, etc. could create uneven flatwork which may create trip hazards. Trespassing: Villa Romeria has 3 visitor spots that we already have issues with. New development has NO VISITOR PARKING. Marbella: Marbella condo complex on La Costa Ave cost the city millions of dollars after the big rain in 2005 caused eight homes to start sliding off the hill. Child Safety: No greenbelts left to play except in the creek across the way Increased Traffic: More accidents, etc. If you know of accidents, etc. please site them. Earthquake: Rose Canyon Fault runs up to Carlsbad. The extent of this development will weaken our foundation. This could lead to seismic hazard. Crime: More people, more crime. Carlsbad PD has told someone that crime is easy in our area with the golf course. Easy escape. OTHER CONCERNS Eye Sore: Will Block light in the day. Car lights at night will be bright. 1 Parking: There is already a major parking problem in the area. This project adds even more cars. Project has NO visitor parking because of Bonus Density. Spots will be taken away on street as the new project needs entrances onto property. Community Values (from City website): Small town feel, beach community character and connectedness. Prioritize protection and enhancement of open space and the natural environment. Support and protect Carlsbad's unique open space an agricultural heritage. Habitat is disturbed: Hawks frequent the Construction site often and nest in those trees on the site. I thank you for your time, and look forward to attending the public hearing today. Sincerely, Rebecca Sturgeon 2 Morgen Fry Subject: FW: Proposed Apartments on Romeria From: ryan sturgeon Sent: Tuesday, June 11, 2019 1:47 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Re: Proposed Apartments on Romeria To whom it may concern: I would like this email to be included in the public record and in staff reports submitted to the Council. Ryan Sturgeon Carlsbad, CA 92009 This email is in regards to the proposed 4 story building on Romeria St. I have many concerns on how these developments will have a negative impact on our neighborhood. Please take the time to consider the following reasons. PUBLIC SAFETY CONCERNS: Villa Romeria Lift: Our property was lifted in 2014 costing $25,000. Extensive work will be done for the new project such as MASS EXCAVATION and piles drilled down into bedrock. Our property is known for its instability. Could be dangerous. Soil Problems: Property has known soil problems which could lead to slippage. Past attempts to build have been denied because of the poor soil. Settling, etc. could create uneven flatwork which may create trip hazards. Trespassing: Villa Romeria has 3 visitor spots that we already have issues with. New development has NO VISITOR PARKING. Marbella: Marbella condo complex on La Costa Ave cost the city millions of dollars after the big rain in 2005 caused eight homes to start sliding off the hill. Child Safety: No greenbelts left to play except in the creek across the way Increased Traffic: More accidents, etc. If you know of accidents, etc. please site them. Earthquake: Rose Canyon Fault runs up to Carlsbad. The extent of this development will weaken our foundation. This could lead to seismic hazard. Crime: More people, more crime. Carlsbad PD has told someone that crime is easy in our area with the golf course. Easy escape. OTHER CONCERNS Eye Sore: Will Block light in the day. Car lights at night will be bright. 1 Parking: There is already a major parking problem in the area. This project adds even more cars. Project has NO visitor parking because of Bonus Density. Spots will be taken away on street as the new project needs entrances onto property. Community Values (from City website): Small town feel, beach community character and connectedness. Prioritize protection and enhancement of open space and the natural environment. Support and protect Carlsbad's unique open space an agricultural heritage. Habitat is disturbed: Hawks frequent the Construction site often and nest in those trees on the site. I thank you for your time, and look forward to attending the public hearing today. Sincerely, Rebecca Sturgeon 2 Tammy Cloud-McMinn From: City Clerk Sent: To: Thursday, June 13, 2019 10:34 AM Tammy Cloud-McMinn Subject: FW: Romeria Pointe Apartments Hello, Please see the below correspondence to the City Council. Thank you, ~ityof Carlsbad Hector Gomez Deputy City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.carlsbadca.gov 760-434-5021 I hector.gomez@carlsbadca.gov From: Council Internet Email Sent: Thursday, June 13, 2019 9:56 AM To: City Clerk <Clerk@carlsbadca.gov> Cc: Jason Geldert <Jason.Geldert@carlsbadca.gov>; Chris Garcia <Chris.Garcia@carlsbadca.gov> Subject: FW: Romeria Pointe Apartments From: Shawn Michels Sent: Thursday, June 13, 2019 9:44 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Romeria Pointe Apartments Dear City Council Members and Mayor Hall, I would like this e-mail to be included in the public records and in staff reports submitted to council. I am writing to you today as a concerned citizen of Carlsbad. It has come to my attention that City Planning recently approved the building of (2) 4 story buildings known as Romeria Pointe. I believe this project is putting Carlsbad citizens safety at risk. 1 It is known that this area in Lacosta has poor soil and storm water issues. The scope of work for Romeria Pointe is extreme. This project will only add additional problems to the ones already in existance with land slippage and sink holes. This could ultimately cause harm or death to Carlsbad citizens. Please reconsider your decision on Romeria Pointe. I ask that you do not allow this project to be built. Thank you very much for your time. Sincerely, Shawn Michels 2 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: "~LJ t>--.0 / /, }_(_)/) /') . '" . \ SUBJECT: /:'\ C4'Y) ;;;L,G.., ~/"LU7tx. (~r,t•) -. ,- LOCATION: / ,i-c1.~ (:. c~·12-1j) L), I I c~ F:..JA . DATE NOTICES MAILED TO PROPERTY OWNERS: 5) 3 I /J 9 NUMBER MAILED: _...._/ _•7'--'J-<-------- 1 declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE I r, . / l ,') m ' :f'. I .' , i'r11 / . _.Jl~ h:("'''-"-I). I IL ~14_____.., (Signature) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 (Date) Union Tribune ~Coast News PUBLICATION DATE: Union Tribune -------------- Coast News .5 / ?>1/1 ·; 4/S- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: _._s-_/_.::i__,i:;__._''"--'/1_0 ____ _ Attachments: 1) Mailing Labels 2) Notice w/ attachments CITY OF CARLSBAD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Cham- ber, 1200 Carlsbad Village Drive, Carlsbad, California, at 4:00 p.m. on Tuesday, June 11, 2019, to consider an appeal of the Planning Commission's decision to approve a Site De- velopment Plan to allow the construction of a four-story, 23-unit residential apartment project which includes three inclusionary housing units, on property generally located at the southwest corner of Romeria Street and Gibraltar Street., and more particularly described as: Lots 393 and 394 of La Costa South Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6600, filed in the office of the County Recorder of San Diego County, March 10, 1970 Whereas, on March 20, 2019 the City of Carlsbad Planning Commission voted 7-0 to Ap- prove of a Site Development Plan to construct a four-story, 23-unit residential apartment project which includes three inclusionary housing units, on property generally located at the southwest corner of Romeria Street and Gibraltar Street within Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sec- tion 15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Those persons wishing to speak on this proposal are cordially invited to attend the pub- lic hearing. Copies of the staff report will be available on and after Thursday, June 6, 2019. If you have any questions, please contact Chris Garcia in the Planning Division at (760) 602-4622 or chris.garcia@carlsbadca.gov. If you challenge the Site Development Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: SDP 2018-0004 (DEV2017-0151) ROMERIA POINTE APARTMENTS FRIDAY, MAY 31, 2019 CITY OF CARLSBAD CITY COUNCIL l \ • . ', \' ',~ ' ~- e NOT TO $CALE Romeria Pointe Apartments SOP 2018-0004 (DEV2017-0151) 3 col x 8" 24"x $14 $336 ,---1 I AVERY 6240 1 L--1 I 25-Feb-19 600' OWNERSHIP LISTING PREPARED FOR: BNR INVESTMENT & DEVELOPMENT LL C GIBRALTAR & ROMERIA STREET CARLSBAD CA 92009 DINNEEN J & MARYE ROBERT 9105 W 131ST TER OVERLAND PARK KS 66213 RICHARDS & ORCUTT MARY A KNECHT 7661 NORHILL RD COLUMBUS OH 43235 SAISHO FAMILY TRUST 7559 GIBRALTAR ST #3 CARLSBAD CA 92009 CHOY 1990 FAMILY TRUST 1183 CALLE CHRISTOPHER ENCINITAS CA 92024 SKA VINSKI KIPRIAN M & BARBARA H REVOCABLE TR 7559 GIBRALTAR ST #9 CARLSBAD CA 92009 A P E INVESTMENTS LLC 753 JACQUELENE CT ENCINITAS CA 92024 FISHMAN NAOMI A REVOCABLE TR 2929 WP ARKRIDGE DR PEORIA IL 61604 HA TLE DEBRA FAMILY TRUST 1419 DOMINIS ST #502 HONOLULU HI 96822 Ec1sy Peel Aclclress Lc1bels : Rend <11011rJ 11th' to •p ,c;t l\111 up td~,, 1 City Clerk Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 SURPRISE PROPERTIES LLC 3177 WILDFLOWER SMT ENCINITAS CA 92024 WYNNE E WEISS 7559 GIBRALTAR ST #1 CARLSBAD CA 92009 SEAN M & MARGUERITE N TALBOTT 7559 GIBRALTAR ST #4 CARLSBAD CA 92009 NASSER ATT ALLAH P OBOX 6835 BEYERL Y HILLS CA 90212 AMERICAN EST ATE & TRUST 7152 ALMADEN LN CARLSBAD CA 92009 JOHN C & KAREN SALGADO 7559 GIBRALTAR ST #13 CARLSBAD CA 92009 YANG JEFF & PEARL TRUST 07-15-11 1 11888 MENDIOLA PT SAN DIEGO CA 92129 CHRISTINA L CAHALL 7526 JEREZ CT #3 CARLSBAD CA 92009 Etiquettes d'aclresse Easy Peel : Go to ave1y.com/ternplc1tes: JOHN ALLEN 2266 GRAND A VE STE26 Us 0 \,11 1 lL111nl ill 1JlGU I SAN DIEGO CA 92109 MARK & KARLA SKOOG 1100 N COUNTRY CLUB DR SIMI VALLEY CA 93065 LEEPER K RONALD 559 ALAMITOS WAY SAN MARCOS CA 92078 HARRY J & ROBYN CLEVER 7559 GIBRALTAR ST #5 CARLSBAD CA 92009 NELSON JANE M REVOCABLE TR 3225 NE 84TH A VE PORTLAND OR 97220 ALLEN AJ FAMILY 2014 TRUST 7559 GIBRALTAR ST #11 CARLSBAD CA 92009 ROSS ROBERT G FAMILY TRUST 80234 ROY AL DORN OCH DR INDIO CA 92201 RANDALL J & CATT BRENDA K HOFFIUS 1133 SCRUB JAY CT CARLSBAD CA 92011 GAMUS LIVING TRUST 12-13-01 7526 JEREZ CT #4 CARLSBAD CA 92009 Allez a avery.ca/gabarits : ~ ' C .-----,7 I AVERY 6240 : DARWIN & PATRICIA SCHUSSLER 7528 JEREZ CT #5 CARLSBAD CA 92009 SYDNEY SERWIN 7528 JEREZ CT #8 CARLSBAD CA 92009 ANDERSON THIO FAMILY TRUST 7532 JEREZ CT #11 CARLSBAD CA 92009 SUSAN C MCBRIDE 7530 JEREZ CT #14 CARLSBAD CA 92009 CHRISTOPHER A JEFFERY 7668 EL CAMINO REAL #104-6 CARLSBAD CA 92009 JEFFREY D & JOANNA E KEEPING 7565 GIBRALTAR ST #20 CARLSBAD CA 92009 TRACEY P GOLDMAN 7563 GIBRALTAR ST #23 CARLSBAD CA 92009 ROTT HARRY REVOCABLE TRUST 1415 PANTHER LN #318 NAPLES FL 34109 REEVE LISA TRUST 7520 JEREZ CT #E CARLSBAD CA 92009 HUI & ZHANG YAN LI 7514 JEREZ CT #B CARLSBAD CA 92009 E,,sy Peel Aclcl1c,ss Lc1bels : Li,_11,l .ilon(J l111t' tr> ('?IJ(1,1 Pup up r:d~ll I JAMES C LEE 7528 JEREZ CT #6 CARLSBAD CA 92009 STANLEY W GEORGE 7532 JEREZ CT #9 CARLSBAD CA 92009 REBECCA JAVENS 7532 JEREZ CT #12 CARLSBAD CA 92009 MILLER LIVING TRUST 7530 JEREZ CT #15 CARLSBAD CA 92009 ABRASSART-SHIMA TERESA A TRUST 6919 QUAIL PL #B CARLSBAD CA 92009 BRENDAN & LAMSA KA TE LOPEZ 44870 CAMINO ALAMOSA TEMECULA CA 92592 MANOJ C & JAGRUTI M MANIAR 11625 ALDERIDGE LN SAN DIEGO CA 92131 ADAMSEN PAUL B & JACQUELINE H LIVING TRUST 7520 JEREZ CT #C CARLSBAD CA 92009 SHARON K BENKOVIC 7520 JEREZ CT #F CARLSBAD CA 92009 VILLALOBOS FAMILY TRUST 7514 JEREZ CT #C CARLSBAD CA 92009 Etiquettes d'adresse Easy Peel : Go to avc1y.co111/lL'rnplzites 1 I Uc,1 /\.1 I, T, 11\\)I ,t, '.J l ( IJ I DOTTERRER DAPHNE LIVING TR 16057 KAMANA RD #A APPLE VALLEY CA 92307 EICHMAN THERESA D REVOCABLE TR 7532 JEREZ CT #10 CARLSBAD CA 92009 DANIEL TYLER & ADRIENNE M BROWN 3993 PRIMA VERA RD SANT A BARBARA CA 93110 LINDA S PEREZ 20351 ACRE ST WINNETKA CA 91306 FRIEDBERG MICHAEL S REVOCABLE TRUST 7565 GIBRALTAR ST #19 CARLSBAD CA 92009 ANDREW J & EVAN M DUFT 7563 GIBRALTAR ST #22 CARLSBAD CA 92009 MARK WASHBURN 7520 JEREZ CT #A CARLSBAD CA 92009 SHIHYENHSU 2020 HANSCOM DR S PASADENA CA 91030 HECTOR MORALES 7514 JEREZ CT #A CARLSBAD CA 92009 CATHEY MARGARET TRUST 7514 JEREZ CT #D CARLSBAD CA 92009 Allez a avery.ca/gabarits 1 -• I ,-----7 I AVERY 6240 1 ~ I ST ACEY D SHEA 7180 AVIARA DR CARLSBAD CA 92011 KNIGHT LAURA D TRUST 7533 GIBRALTAR ST CARLSBAD CA 92009 VICKI L MCLUCAS 3 VIAZAMORA SAN CLEMENTE CA 92673 STREET TRUST 10-11-06 7519 GIBRALTAR ST CARLSBAD CA 92009 NOV AK HOW ARD & SUE A FAMILY BYPASS TR 7513 GIBRALTAR ST CARLSBAD CA 92009 DAN & ANNE KLENSKE 7507 GIBRALTAR ST CARLSBAD CA 92009 JOHN & BESH-STURGEON CINDY STURGEON 4450 SHOSHONI A VE ANCHORAGE AK 99516 D NM PARKER LL C PO BOX 1432 GLENDORA CA 91740 PAUL & KANG SUSAN REUTER 7556 ROMERIA ST CARLSBAD CA 92009 CHISHCHEVOY FAMILY TRUST 7562 ROMERIA ST CARLSBAD CA 92009 Ec1sy Peel Aclclress Lc1bels : l't:;nl.J,1lonl1l1rll'lo, •po,( f\JI' tJfJEdg,, I SURDY FAMILY TRUST 7537 GIBRALTAR ST CARLSBAD CA 92009 JOSE J PADILLA 445 N BEDFORD DR BEYERL Y HILLS CA 90210 DEAN-ROSS SCHESSLER 7525 GIBRALTAR ST CARLSBAD CA 92009 JOHN A & DEBORAH L HALE 7517 GIBRALTARST CARLSBAD CA 92009 FITZPATRICK JAMES P REVOCABLE TRUST 635 HUNTER HILLS DR CLINTON OH 44216 GIBRALTAR STREET LL C 4258 CORTE DE SAUSALITO SAN DIEGO CA 92130 MEGHAN CAREY 7546 ROMERIA ST CARLSBAD CA 92009 GARY & SALDANHA-MARSTON ELEANORA MARSTON 7552 ROMERIA ST CARLSBAD CA 92009 GREGORY J MURPHY 7558 ROMERIA ST CARLSBAD CA 92009 GRIESER BRIAN & JOAN AB LIVING TRUST 7564 ROMERIA ST CARLSBAD CA 92009 Etiquettes d'c1dresse Easy Peel : Go to c1very.corn/tcmplates: Uc...l' A. ,11, mpl,1k SlGU 1 CORY FAMILY TRUST 7535 GIBRALTAR ST CARLSBAD CA 92009 N TA ASSOCIATES 7529 GIBRALTAR ST CARLSBAD CA 92009 SIMMONDS LIVING TRUST 170 DEL ORO LAGOON NOV A TO CA 94949 REEDER SAMMY J TRUST 7515 GIBRALTAR ST CARLSBAD CA 92009 SCOTT FAMILY TRUST 0 7509 GIBRALTAR ST CARLSBAD CA 92009 BELLA LA COST A LLC 6965 EL CAMINO REAL #105-1 CARLSBAD CA 92009 BING & TING SUE ZHU 22900 SHERMAN WAY WEST HILLS CA 91307 YUJIE & JIA XIANG XIAO 7554 ROMERIA ST CARLSBAD CA 92009 JAMES L & SO LEG ARDNER JENNIFER L GARDNER 7560 ROMERIA ST CARLSBAD CA 92009 COASTAL LIVING LL C 25531 COMMERCENTRE DR #150 LAKE FOREST CA 92630 Allez a avery.ca/gabarits : ,-------1 I AVERY 6240 1 l.------' I 400 GIBRALTAR LLC 3525 DEL MAR HEIGHTS RD #724 SAN DIEGO CA 92130 HAROLD INVESTMENTS LP 10490 CAMINO DEL VENADO VALLEY CENTER CA 92082 BNR INVESTMENT & DEVELOPMENT L L C 23800 VIA DEL RIO YORBA LINDA CA 92887 KAREN INLOW 3004 LA COST A A VE #A CARLSBAD CA 92009 CARTER JAMES B & MARLENE M FAMILY TRUST 958 CAMINO DEL ARROYO DR SAN MARCOS CA 92078 JD LL AL RENTALS LL C PO BOX 2767 DEL MAR CA 92014 BURKLE FAMILY TRUST 27802 HIGH VISTA DR ESCONDIDO CA 92026 J D L L A L RENTALS L L C PO BOX 2767 DEL MAR CA 92014 JOHN E & STEPHANIE J CORNACCHIONE 7546 GIBRALTAR ST #D CARLSBAD CA 92009 ERIK M & RYKER-GIST MEADOW GIST 7546 GIBRALTAR ST #G CARLSBAD CA 92009 Easy Peel Addi ec,s Labels : 8, ll,J 110 1q Ill' trJ l • ) ) ',( >-U11 up l::cJ..._1, t LA COSTA A L C L L C 7668 EL CAMINO REAL #104-4 CARLSBAD CA 92009 HAROLD INVESTMENTS L P 10490 CAMINO DEL VENADO VALLEY CENTER CA 92082 DERRICO & ASSOCIATES CLERICAL SERVICES MONEY PURCHAS 92 TERRA VISTA DANA POINT CA 92629 SMALL LOUISE REVOCABLE TRUST 6552 E SHEPHERD HLS TUCSON AZ 85710 .PHILIP THAI 3008 LA COST A A VE CARLSBAD CA 92009 J D L L A L RENTALS L L C PO BOX2767 DEL MAR CA 92014 ALTAMIRANO CARMEN L TRUST 7538 GIBRALTAR ST #F CARLSBAD CA 92009 BONNIE GARCIA 7546 GIBRALTAR ST #B CARLSBAD CA 92009 IAN J TYREE 7546 GIBRALTAR ST #E CARLSBAD CA 92009 THOMAS P & SUSANA ENGER 2914 LA COSTA A VE CARLSBAD CA 92009 Etiquettes d'adresse Easy Peel : ) ' • \ > l ' Go to ave1 y.com/ternplates : ~J 1 , , !, 111p: it, J l I () I HAROLD INVESTMENTS LP 10490 CAMINO DEL VEN ADO VALLEY CENTER CA 92082 BNR INVESTMENT & DEVELOPMENT L L C 23800 VIA DEL RIO YORBA LINDA CA 92887 GUILLERMO F & EDITH M LAZO 3002 LA COST A A VE #A CARLSBAD CA 92009 COOPERMAN BRADLEY SEP ARA TE PROPERTY TRUST PO BOX 5010 RCHO SANT A FE CA 92067 RETA MP ARK.ER 503 N TREMONT ST #A OCEANSIDE CA 92054 LUCILLE A LINDSEY PO BOX 2767 DEL MAR CA 92014 KARALBREM 7538 GIBRALTAR ST #G CARLSBAD CA 92009 PETERS DAVID M & JANET M FAMILY TRUST PO BOX 2326 RANCHO SANTA FE CA 92067 AARON L & CYNTHIA RUMLEY 7581 DELGADO PL CARLSBAD CA 92009 GEORGE P & ASHLEY CONNORS 2916 LACOSTAAVE CARLSBAD CA 92009 Allez a avery.ca/gabarits 1 I 7 ' ' .-------i I AVERY 6240 : WALOCH ARTHUR A LIVING TRUST 2918 LA COSTA AVE CARLSBAD CA 92009 SUNV ALE INVESTMENT LLC 5345 TO SCANA WAY #549 SAN DIEGO CA 92122 EILEEN V DONOVAN 7555 ROMERlA ST CARLSBAD CA 92009 LA COST A BLUFFS L L C 25531 COMMERCENTRE DR #150 LAKE FOREST CA 92630 LA COST A BLUFFS L L C 25531 COMMERCENTRE DR #150 LAKE FOREST CA 92630 KEVIN STEPHENS 1500 W 11TH AVE #24 ESCONDIDO CA 92029 HALABUK DANIEL J & JEANETTE C G FAMILY TR 7607 ROMERlA ST CARLSBAD CA 92009 SHRIGLEY FAMILY TRUST 7604 ROMERlA ST CARLSBAD CA 92009 KAREN MOSSMAN 3003 LA COST A A VE CARLSBAD CA 92009 PERRY GARCIA 3009 LA COSTA AVE CARLSBAD CA 92009 Ezisy Peel /-1cicl1ess Labels : P,cncJ ,1ICl1H1 l111l to,, 1 F1 ~l., J L n Eel~,· 1 STEVEN A THOMPSON 40047 87TH ST W LEONA VALLEY CA 93551 ORTMAN SUSAN H TRUST 05-05-98 7551 ROMERlA ST CARLSBAD CA 92009 CHAD J & V ANDER WO UDE CARRIE PECK 7557 ROMERlA ST CARLSBAD CA 92009 LA COST A BLUFFS L L C 25531 COMMERCENTRE DR #150 LAKE FOREST CA 92630 LC INVESTMENT 2010 LL C 4001 MAPLE A VE #600 DALLAS TX 75219 KEVIN STEPHENS 1500 W 11TH A VE #24 ESCONDIDO CA 92029 JOHANSEN TRUST 3000 AZAHAR ST CARLSBAD CA 92009 MATTHEW & SONIA STAAB 7602 ROMERlA ST CARLSBAD CA 92009 RYAN FAMILY TRUST 3005 LA COST A A VE CARLSBAD CA 92009 MCCLELLAN FAMILY TRUST 3006 AZAHAR ST CARLSBAD CA 92009 Etiquettes d'adresse Easy Peel : Go to avery.corn/ternplates : Uc. 1\ f-"Y 1, 1r1_)1 ,t,. 111U 1 BRANDON JOE 2922 LA COST A A VE CARLSBAD CA 92009 CITRANO THOMAS G & ELIZABETH A REVOCABLE TR 7422 CARLINA ST CARLSBAD CA 92009 JASON & NANCY E STEPHENSON 7559 ROMERlA ST CARLSBAD CA 92009 LA COSTA BLUFFS LL C 25531 COMMERCENTRE DR #150 LAKE FOREST CA 92630 L C INVESTMENT 2010 LL C 4001 MAPLE A VE #600 DALLAS TX 75219 KEVIN STEPHENS 1500 W 11 TH A VE #24 ESCONDIDO CA 920-29 CHRJS VIERHEILIG 7606 ROMERlA ST CARLSBAD CA 92009 MARSHALL & ELIZABETH K SPEVAK 3001 LA COSTA AVE CARLSBAD CA 92009 HODIL CHARLES REVOCABLE TRUST 3007 LA COST A A VE CARLSBAD CA 92009 CAB ANTING FAMILY 2005 TRUST 5020 BALFOUR LN WOODLAND HLS CA 91364 Allez a avery.ca/gabarits : NICHOLL FAMILY TRUST 3002 AZAHAR ST CARLSBAD CA 92009 LINKE STEVEN P & KAREN L REVOCABLE LIVING TR 7513 QUINTA ST CARLSBAD CA 92009 WAGNER RONALD & PAMELA LIFE TRUST 7504 SOLANO ST CARLSBAD CA 92009 WEISS BEYERL Y J TRUST 7523 QUINTA ST CARLSBAD CA 92009 DENNIS GEORGIE A FAMILY TRUST 7520 SOLANO ST CARLSBAD CA 92009 JOSHUA S & JAIME A GOLDMAN 7523 SOLANO ST CARLSBAD CA 92009 CLARK & ERIN NEWTON 7517 SOLANO ST CARLSBAD CA 92009 MARINO A M 2008 TRUST 7511 SOLANO ST CARLSBAD CA 92009 ANTHONY P & MENZEL JESSIE E VASILAS 7505 SOLANO ST CARLSBAD CA 92009 SNYDER BEYERL Y TRUST 7445 SOLANO ST CARLSBAD CA 92009 Easy Peel Address Lc1bels : Gcnd ,dcrnq 1111t' tc., c • posr L J u1 F:cJ91· I CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD CA 92009 WILLOUGHBY-GUY FAMILY TRUST 7511 QUINTA ST CARLSBAD CA 92009 RACKLEY RONALD D & REGINA A REVOCABLE TR 7506 SOLANO ST CARLSBAD CA 92009 DALBY FAMILY TRUST 7521 QUINTA ST CARLSBAD CA 92009 ASHE-MOENCH REVOCABLE TRUST 7522 SOLANO ST CARLSBAD CA 92009 GOLDOJARB/BROWN-GOLDOJARB FAMILY TR 5178 LOS ROBLES DR CARLSBAD CA 92008 LOWENSTEIN FAMILY TRUST 7515 SOLANO ST CARLSBAD CA 92009 CHRISTOPHER E & MATTHEWS RAEGAN E ROESINK 7509 SOLANO ST CARLSBAD CA 92009 MARGARETT DUPREE 7503 SOLANO ST CARLSBAD CA 92009 KENNETH W & GABRIELLE K AHRWEILER 7443 SOLANO ST CARLSBAD CA 92009 Etiquettes d'adresse Easy Peel : 7 > > cc,. I--' ::,, , ::, • Go to ave1y.corn/ternplates: l,_J '\.' r; 1, rnpi lt• ::-]\ ll I COFFEY HOW ARD T FAMILY TRUST 7515 QUINTA ST CARLSBAD CA 92009 HUBBERT STEPHENSON TRUST 7509 QUINTA ST CARLSBAD CA 92009 JOSEPH P & MARTHA CORDOVA 115 PRINCEHOUSELN ENCINITAS CA 92024 STACIE LEE 3005 CANTERO WAY CARLSBAD CA 92009 MANUEL & NICOLE J MARTINEZ 7524 SOLANO ST CARLSBAD CA 92009 RICHARD E & CHRISTINE C SALAZAR 7519 SOLANO ST CARLSBAD CA 92009 KEITH FAMILY TRUST 11 PACIFICO LAGUNA NIGUEL CA 92677 NAIDITCH CANDICE FAMILY TRUST 7507 SOLANO ST CARLSBAD CA 92009 WILSON SUZANNE L TRUST 7501 SOLANO ST CARLSBAD CA 92009 CENTER FOR NATURAL LANDS MANAGEMENT INC 27258 VIA INDUSTRIA #B TEMECULA CA 92590 Allez a avery.ca/gabarits : ~ ' SDP 2018-0004 (DEV2017-0151) Romeria Pointe Apartments – Appeal 1 CMC 21.54.150 Carlsbad Municipal Code (CMC) Section 21.54.150 outlines procedures for appeals of Planning Commission decisions, and states: “Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the planning commission in that the decision was not supported by the facts presented to the planning commission prior to the decision being appealed; or that there was not a fair and impartial hearing”. 2 CMC 21.54.150 Section 21.54.150 goes on to state that the City Council’s consideration is “de novo” (or “like new”) but limits the consideration to “only the evidence presented to the Planning Commission for consideration in the determination or decision being appealed.” Therefore, no new information may be considered by the City Council that was not presented to the Planning Commission. The appeal is limited to the grounds stated in the appeal. The City Council may uphold, modify or overturn the Planning Commission’s decision. 3 Procedure •Staff presentation •Council opportunity to ask questions of staff •Appellant presentation •Applicant presentation •Mayor opens public hearing •Council receives comments from speakers •Mayor closes public hearing •Council discussion •Council decision 4 Appeal •Planning Commission unanimously approved the project on March 20, 2019. •On March 28, 2019, an appeal of Planning Commission’s decision was filed. 5 Location Map 6 7 Project Information •Zoning –Residential Density –Multiple (RD-M). •GPLU – R-23 Residential 15-23 du/ac. •Lot Size –0.72 acre or 31,430 square feet. •Lot Coverage –59.5% (60% permitted). 8 Project Information •23 Total Apartments –16 three-bedroom units (1,661 – 2,019 s.f) –7 one-bedroom units (641 – 942 s.f.) •3 “very low-income” affordable one-bedroom apartments. •Two, four-story buildings. •Three stories of residential above ground floor parking. •Two-car garages or covered parking space. 9 Site Plan 10 BUILDING A BUILDING B 11 ELEVATION NORTH ELEVATION EAST 12 ELEVATION SOUTH taroe-e-x;i1/\0lrt~M nc-•!11"'~lot olari.t..r19 per l.Ombecap,nt,1 plen ox 1n arc~lectvro design& COn$Ulting NEIGHBORHOOD CONTEXT Density Bonus –Intent •Promote the construction of affordable housing •Implement the goals, objectives and policies of the Housing Element •Implement California Government Code •Provide incentives to encourage developers to construct affordable housing 13 Density Bonus – Summary Base maximum density:23 dwelling units per acre Base units at GMCP:14 units Base maximum units:17 units 35% density bonus, CMC Chapter 21.86:6 units Excess Dwelling Unit Bank: 9 units withdrawn “Very low-income” inclusionary: 3 units Total: 17 + 6 = 23 units Density = 31.9 dwelling units per acre 14 Density Bonus - Concessions Incentives or concessions, as stipulated in the Government Code include, but are not limited to: •Reduction in development standards (i.e., setbacks, height, etc.) •Approval of mixed use zoning in conjunction with a housing project, OR •Any other regulatory incentive which would result in identifiable, financially sufficient and actual cost reductions to enable the provision of affordable housing. 15 Density Bonus - Concessions Project is utilizing two concessions for: •Building height to exceed 35’ height limit of the RD-M Zone. •Units from the city’s Excess Dwelling Unit Bank (EDUB). Proposed Height: –Building A: 45’ with projections to 48’ –Building B: 48’ with projections to 51’ Proposed units from EDUB: 9 units Southeast Quadrant Excess Units: 318 units (as of 5/31/19)16 Density Bonus -Findings •Project is consistent with Density Bonus Ordinance •Incentives or concessions will result in identifiable, financially sufficient and actual cost reductions •Incentives or concessions will not result in any adverse impacts to public health or safety, the environment or on property registered as a Historic Resource •Incentives or concessions and/or waiver or reduction in development standards is not contrary to state or federal law 17 State Law •Government Code §65915 states cities shall grant the concessions unless the city adopts written findings based on substantial evidence presented at the hearing of the specific, adverse impacts on public health and safety. •A specific, adverse impact means a significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete. Inconsistency with zoning or general plan land use is not a specific, adverse impact. 18 Density Bonus –Parking Studio/one-bedroom:1 space per unit (7x1=7) Two & three bedrooms:2 spaces per unit (16x2=32) Four or more bedrooms:2.5 spaces per unit (n/a) Visitor parking: None required (n/a) Total Required: 39 spaces Total Proposed: 41 spaces 19 Housing Accountability Act (HAA) –Govt Code Section 65589.5 •A local government shall not disapprove a housing development project or lower the project density if the project complies with all “objective” general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time the application was deemed complete unless it makes written findings, based on the preponderance of the evidence in the record that both of the following conditions exist: 20 HAA –Required Findings to Deny a Project •The project would have a specific, adverse impact upon the public health or safety; AND •There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact other than the disapproval of the project or approval of the project at a lower density. 21 Geotechnical Review –Qualifications Jason Geldert –City Engineer •California registered civil engineer •11-years of geotechnical engineering consulting including foundation design, inspections and forensic investigations •13-years of municipal experience reviewing geotechnical reports and construction documents •Court recognized geotechnical expert witness Hetherington Engineering •City contract third-party reviewer •Carlsbad based engineering firm with 34 years experience specializing in geotechnical engineering, geology and hydrogeology •Third-party geotechnical reviewer for four cities in southern California. •Nationally recognized geotechnical expert 22 Geotechnical Appellant •Engineering reports and soil sampling are warranted due to previous and existing geotechnical issues in the surrounding area. Previous and existing geotechnical issues in the area were not disclosed to the Planning Commission. Staff Response •City staff and a third-party review of the geotechnical report was completed and found the project to be geotechnically feasible. Final engineering reports and documents are required prior to on-site grading. 23 Traffic Appellant •A traffic study is warranted. Staff Response •Traffic Impact Studies required for new developments that exceed 500 ADT. The proposed project has an estimated 184 ADT which is well below the 500 ADT to warrant such a study. 24 CEQA Appellant •The Planning Commission erroneously approved the project by relying on self-certification by city staff that the proposed project has no environmental impact. •Previous and existing geotechnical issues in the area were not disclosed to the Planning Commission. •An EIR is warranted. Staff Response •The City Planner is authorized to make the CEQA determination. Staff reviewed the project and found the project would not have a significant effect on the environment due to unusual circumstances. •Geotechnical concerns were raised at the Planning Commission hearing and addressed by the City Engineer. •The project qualifies for an exemption per State CEQA Guidelines Section 15332 and an EIR is not required. 25 Project Consistency •General Plan – R-23 Residential; •Density Bonus Ordinance; •Zoning – Residential Density –Multiple (RD-M); •Geotechnical Requirements; •Inclusionary Housing Ordinance; •Growth Management; and •California Environmental Quality Act (CEQA). •*Planning Commission voted 7-0 to approve the project 26 Recommendation That the City Council ADOPT a City Council resolution DENYING the appeal and UPHOLDING the Planning Commission’s decision to approve Site Development Plan SDP 2018-0004 27 Thank You 28 Backup Slides 29 30 ELEVATION NORTH 31 ELEVATION SOUTH large existing tree on neighbors lot planting per landscaping plan 32 33 property line 34 35 ~Ali - --- ~Ut.!i• ---- ~~---- _______ u::~ c.------------~~ i..£1/El~ /"_;;.;;;;:;;,.----;;,~ ------~ -------~~ 36 0 ~:~- 0 ~:i;s- 37 ff,------..... ..,_ ---i:..: ..,_ .. ,i;;,a,.r D D D D D D NOIRTHB.EVATION'·SULDN3S W•f.fl 2 c.: □ □ CD 38 -: : I _ __, ... -,-. .. ,.~ ... ~ ~ ... .,.. ... ,,., .... -., r·: Bl l _______ ----------______ J .=.-,,..J A· LEVEL 4 [I] A . USVD. l ffil 'l ... 181'£F ~ ~ ____________ m sF __ '61M _.J ~! /L~----------' A•I.E',,'ELl {§J 39 i:,--:.r ...... <:::T ...... <::T""-<::T ...... t::~ , ___________ , I o I B•lll-I I o I ~SF \ I / I I L _ --__ w; ____ ../ 40 =------------ Romeria Pointe Apartments Project Introduction Romeria Pointe Site As-Is •Remains largely unmaintained •Dump area for trash and undocumented fill •Allows for surficial runoff into storm drain system •Serves no real purpose Project Introduction Romeria Pointe Developed •Contained stormwater treatment system •Project will be a smart, green building with low-eco footprint •Will include regrading and improving of perimeter slopes •Increases stock of high quality housing Appeal Discussion Building Height •CMC 21.04.065 identifies building height as limited to the vertical distance measured from existing grade or finished grade, whichever is lower EB-\tl'\!"--- E!)-$'\I"--- ~--- ~-- EB-\l?.~ - EB-\l?,~ - g:...,. __ """"" .. ~ ~· ~···~· ,,.~ .. ~ SITESECTIOf\101~ ---~--¾,j) ---~ ---~ ---~ '---~ C X 2._ ;1100 ,__ SITE SECTIONS A-301 Appeal Discussion Building Height •Building A measures 48’-4” •Building B measures 50’-7” •We lowered existing grade between 5-10 feet •Stepped back the entire fourth floor •Landscape design helps mitigate first floor Appeal Discussion Stormwater Treatment •No denudation of soils for stormwater treatment •Biofiltration system is used; infiltration is infeasible •System will remove pollutants, reduce runoff rates, and prevent infiltration and erosion to the steep terrain Appeal Discussion Geotechnical Engineering Geosoils, Inc. •Investigated property for multi-family development in 2004 •Performed supplemental subsurface exploration in 2006 •Prepared updated geotechnical report in 2017 for currently-proposed development •Prepared an additional review letter addressing project-specific designs in 2018 Appeal Discussion Geotechnical Engineering •We reviewed previous geotechnical reports and advanced and down- hole logged large-diameter borings to evaluate existing fill quality and geologic structure •No evidence of deep-seated instability was revealed •However, lab tests showed soil has potential for high compression ~~~~T~==~~-L-~i c---:;::;;:-~ ~~ -:;:=;-~~-~=:-~~==-==·"·-,,If p~I ,d . H 1·_,- 1_ r I )~ ,,, ' . /1$-2~,,,.,:" ... ~ -5HEETS GRADING PLANS FOR · LA COST,.\. SOUTH UNIT Ne:! 5 'SCALE • I"• 40 RICK EN61N£EAING CO. J -3193 DAn: _ GAAOIMG PERMIT N!~ llCll'5k7l' lOll'C/Z.!DMll.tJRA/Xs ~· 5·rl-10 - o,.,,. NO. \1oq.4A II i ! ·'-i ;. l --,",. 1r~r , II i~ ) Appeal Discussion Geotechnical Engineering Project Recommendations 1. Completely remove and recompact the existing fill soils (remedial grading) -OR - 2. Support the proposed buildings on drilled piles to mitigate adverse settlement potential Appeal Discussion Response to Comments Marbella Property •Located several thousand fee to the West of Romeria Pointe •Underlain by a different geologic formation •A review of the landslide susceptibility map performed by the State of California Geologic Survey indicates that the Marbella property is at higher risk to landslides than Romeria Pointe ,·,, \\ 2·· ,· , -·: ... , , . , , z ·c·· ·-, . . . r i•e l.· .. (' r) ~ ----·---~-----~·fil-- ( '\' ....... -····· .. 'NI \ ,··, ..... , , /r;,.,, , .. . :,. ,,, L \NDSLIDE IL\7.A.RDS I N TH~ :-.iOIO'Hl!RN l':\KT o r 'fKE SA.."i' Dll!CO METROPOU TANAkt:A, S.4;.._ OlECO COUNTY, ('.>).U l!ORNJA ENC.NITA$ Q\IJ.O:tA).'(;I.E GRAPHIC SCALE 1000 0 50tJ 1000 2000 !Pt.Al"eOj ----R ...... c;o~r•..e QU.-.O~"li<lLE lfL\TE El - - -J"=1(J(JO' IU:L\TI\'L LI.1'"DSUDi Sl"SU!l"l'IKI, .rn· A.NU I.A,'0),$1,IIIK J)ll;\'JU8Vfl0~ &LU' sn.u~:n.s <·r--.r-...... , (1 .. .L .L.,.J...7' ~tut.lZEON'IEA6CU10,li,kr' MS..\'T \'5 .. •1'DaU0E !UJCEPllill.JT\' Mll'.a.\C ~-· ,_.., Appeal Discussion Response to Comments Adjacent Property – Golfcrest •Reviewed numerous geotechnical reports for surrounding properties •Slopes in the immediate area are not subject to deep-seated slope instability •Planned excavations will reduce driving forces for slope instability Appeal Discussion Response to Comments CIDH Piles •CIDH piles are design features and recommendations that mitigate any potential issues raised by the public regarding unstable soil conditions •Reduces remedial earthwork excavations and ground disturbance •Reduces potential for excessive differential settlement of existing fill •Designed to sufficiently support a 4-story building •Avoids loading the slopes, offsite buildings and existing retaining wall •Does not rely on existing fill