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Home My WebLink About2003-05-07; Planning Commission; ; SDP 01-15A|CP 02-01A|CDP 01-42A - CASA LAGUNA AMENDMENT-e City of Carlsbad Planning Departme9 A REPORT TO THE PLANNING COMMISSION Application complete date: P.C. AGENDA OF: May 7, 2003 Project Planner: Project Engineer: Item No.@) April I, 2003 Eric Munoz John Maashoff SUBJECT: SDP 01-lS{A)/CP 02-0l{A)/CDP 01-42{A)-CASA LAGUNA AMENDMENT Request for approval of a Site Development Plan Amendment, Condominium Permit Amendment, and Coastal Development Permit Amendment to modify the floor plans, and reduce one setback, for the one-bedroom affordable unit within the approved 12-unit Casa Laguna project on property located on the north side of Laguna Drive at the northern terminus of Madison Street within the City's Coastal Zone and in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5408, 5409, and 5410 APPROVING SDP 01-15(A), CP 02-0l(A) and CDP 01-42(A), respectively, based on the findings and subject to. the conditions contained therein. II. INTRODUCTION The 12-unit air space condominium project was approved by the Planning Commission on June 5, 2002. The Final Map for the project (CT 01-16) received approval by the City Council in August 2002 and grading of the site has commenced. Of the 12-unit project, consisting of 6 duplex-type units, two units located in one structure represent the project's affordable housing requirement. The two affordable units consist of one studio unit with a one-car garage, and a one-bedroom unit with a two-car garage. This amendment request is to modify the one-bedroom unit into a two-bedroom unit. This involves floor plan modifications as shown on Exhibit "B" dated May 7, 2003; and a five foot encroachment into the existing ten foot side yard setback for that portion of the structure belonging to the subject unit as shown on Exhibits "A" and "D." The amendment is being requested by the applicant so that the long-term usability of the unit can be maximized. By converting the one-bedroom unit into a two-bedroom unit, it allows for a caretaker to live on-site with the primary resident; or it allows for a small family to reside on-site. Since the other affordable unit is a studio unit, staff supports the effort to diversify and maximize the opportunities of the affordable units already approved with the project. After a project's approval, the Planning Director is limited as to what can be determined as substantial conformance with the original Planning Commission or City Council approval. A general rule is up to a 10% change may be considered as substantial conformance. In this case, a {~ -~ SDP 01-15(A)/CP 02-01(.CDP 01-42(A) -CASA LAGUNA - May 7, 2003 Page2 50% change in the setback is being requested (10 feet to 5 feet) and is beyond what can be considered substantial conformance. Therefore, the following entitlements need amendment by the original decision maker (Planning Commission): SDP 01-15 and CP 02-01 and CDP 01-42. All necessary findings can be made and staff supports the proposed amendment. The project is depicted on Exhibits "A" -"D" dated May 7, 2003. Ill. PROJECT DESCRIPTION AND BACKGROUND The applicant proposes to modify one of the 12 units approved with the Casa Laguna project. Specifically, out of the two on-site affordable units, one is proposed for conversion from a one- bedroom unit to a two-bedroom unit as described above. A setback reduction is involved as described above. The site development plan amendment allows for the standards waiver since it is associated with an affordable housing project per Section 21.45.090 of the Zoning Ordinance. The condominium permit and coastal development permit also require amendment since site plan changes are involved that go beyond staffs ability to approve in the context of substantial conforII1ance with the original project. The map for this project (CT 01-16) does not require amendment since the proposed modifications do n~t affect any aspect of the approved final map/subdivision. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. SDP Amendment/Inclusionary Housing Ordinance (SDP 01-15(A)); B. Planned Development regulations (CP 02-0l(A)); and C, Local Coastal Program (CDP 01-42(A)). J'he recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies, specifically the proposed amendments to the previous approvals. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. Inclusionary Housing Ordinance/Site Development Plan Amendment SOP 0l-15(A) For any residential development of more than seven units, the inclusionary requirement is 15% of the total units. Twelve units generate a requirement of 1.8 affordable units based on the 15% requirement. The deveiopment was approved with two affordable on-site units. Section 21.45.090 allows standards deviation requests in order to provide affordable units. SDP 01-15, part of the original approval, granted a standards deviation for .5 of a parking space (for the SDP 01-15(A)/CP 02-01(.DP 01-42(A)-CASA LAGUNA - May 7, 2003 Pae 3 studio unit which has a single car garage) and a slight reduction in storage space provisions. This amendment will add the setback reduction from 10 to 5 feet ro the package of standards deviations. Both Planning and Housing staff support the modifications because they are minor in nature, add to the long-term usefulness of the subject affordable unit, and will not create any adverse impacts to the site or surrounding properties. B. Planned Development Regulations The 12-unit air space ownership condominium project is already approved and meets or exceeds the requfr~ments of the existing Planned Development regulations. Section 21.45.100 of the zoning ordinance outlines the procedures and requirements for amendments to a Planned Development Permit (CP 02-01). This request does not qualify as a Minor Amendment since greater than a 10% change in the approved side yard setback is requested (10' setback to 5' is 50% change). Therefore, this Major Amendment to CP 02-01 is supported in the context of an additional standards waiver via the proposed corresponding Site Development Plan Amendment (SDP 0 1-15(A) ), as discussed in this report. The standards applicable only to the scope of this amendment (the currently approved one-bedroom affordable unit) are outlined in the table below: Planned Development Compliance -for the conversion of one affordable, one-bedroom unit to an affordable, two-bedroom unit Standard Required Proposed Setbacks Front: 5 feet 12 feet Rear: 20 feet 20 feet Side: 10 feet 5 feet (50% reduction as a standards deviation) Parking 2 covered spaces Two-car garage Guest Spaces (project level Six Spaces Six in guest parking bays includes affordable units) Screening of Parking Area Screened from adjacent Parking available in garage; property will not be visible from adjacent properties Recreation space (based on a Private: 18' x 18' with less Private: Subject unit= 20' x 12-unit project) than 5% slope 25' private area Common: 200 sq. ft. per unit Common: 1,200 sq. ft. (private, common or combo) passive area already approved with project. Storage space 480 cubic feet or 392 cubic 240 cubic feet (for the feet if in one location per unit affordable units) (reduction is a standards deviation) C. . Local Coastal Program The proposed project is consistent with the Mello II segment of the LCP which contains land use policies for development and conservation of coastal land and water areas within its boundaries. • .e SOP Ol-15(A)/CP 02-0l(~DP 01-42(A) -CASA LAGUNA May 7, 2003 Page4 The. policies of the Mello II segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The project is consistent with the Coastal Act policies and all the findings of the originally approved coastal development permit (CDP 01-42), since the proposed modifications and setback reduction does not impact coastal resources or shoreline access. V. ENVIRONMENTAL REVIEW Since this proposal amends an approved project that has received final map approval and has initiated site grading, the "approved" condiiions represent the "existing" conditions on-site. As such, this project qualifies for a Class 1 CEQA exemption for existing facilities. Specifically, Section 15301 exempts additions to existing private structures where the increase is not more than 50% of the structure's original/approved floor area. ATTACHMENTS: 1. Planning Commission Resolution No. 5408 (SOP) 2. Planning Commission Resolution No. 5409 (CP) 3. Planning Commission Resolution No. 5410 (CDP) 4. Location Map 5. Background Data Sheet 6. Disclosure Statement 7. Planning Commission Resolution No. 5180 8. Planning Commission Resolution No. 5181 9. Planning Commission Resolution No. 5182 10. Planning Commission Resolution No. 5183 11. Planning Commission Resolution No. 5184 12. Exhibit "A" -"D" dated May 7, 2003 !ii1----..1 .,____.____, 5 .....___......_ 1----1-..-------J ~ ------ 1-------1 ~ 1----.1 !t -------, CASA LAGUNA SOP 01-1 S(A)/CP 02-01 (A)/CDP 01-42(A) CASE NO: -BACKGROUND DATA SHEET - SDP 01-15(A)/CP 02-0HA)/CDP 01-42(A) CASE NAME: CASA LAGUNA APPLICANT: =M=e=ri=t-=G=ro=u"""p'-'fu=c·=----------------------- REQUEST AND LOCATION: Floor plan changes and setback reduction (10' to 5') for one of the two affordable units within the already approved Casa Laguna project. LEGAL DESCRIPTION: That portion of Lot 1 in Sectfon 1, Township 12 South. Range 5 West. San Bernardino Meridian. in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof. APN: 155-223-08/09 Acres: 1.18 Proposed No. of Lots/Units: ___ N""'"/A--'----------- GENERAL PLAN AND ZONING Land Use Designation: RMH-~--------------------------- Density Allowed: -=-1=1.=5-=d=u/;..:;a=c ___ _ Density Proposed: -=-10=•.:..5-=d=u/:..;;:;a=c _______ _ Existing Zone: ___ R __ -3 _________ _ Proposed Zone: ___ R __ -3 _____________ _ Surrounding Zoning, General Plan and Land Use: Zoning Site R-3 North R-1-10,000 South Laguna Drive East R-3 West R-3 General Plan RMH RLM Local Street RH RMH/0 PUBLIC FACILITIES Current Land Use Casa Laguna (grading) Single Family Laguna Street Apartments Duplex School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad .=.;;;;;==---- Equivalent Dwelling Units (Sewer Capacity): =12~Ca=lr=e=ad;;..y,_a=p=+p=ro:...;v:...=e=d..,_) ________ _ ENVIRONMENTAL IMPACT ASSESSMENT ~ Negative Declaration, issued =M=a-rc-h_7_2~0~02 _______________ _ D . Certified Environmental Impact Report, dated ______________ _ D Other, __________________________ _ -c· e __ , __ ty~ of Carlsbad IQIU,leh,J.i·J4•Dib.t§,SI DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretion;uy action on the part of the City Council or a.ny appointed Board, Commission or Committee:. The following information MUST be disclosed at the time of application subminal. Your project cannot be reviewed until this information is completed. Please print. Note; Person is defmed as ''Any individual, firm. co-partnership, joint venture, association, social club, fr.nern;il organiiation, corporation, est\tc, trust, receiver, syndicate, in this and any other county, city and coUilty, city municipality, disttict or other political subdivision or lllY other group or combination acting ;is a unit." Agents m;iy sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE TilAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/ A) IN THE SPACE BELOW If a J!ub\icl~-owned corporation,,, include the names, _title a:hd addr-cGliiCii of the..corporate officers. (A separate page m~y be attached if necessa . Person H • / D a v i d Title P r e s i d e n t Address 2 1 7 1 f 1 C a rA i n o g Q ii l Suite 202, Oceanside, OWNElt (Not the owner's agent) 9 2 0 5 4 Corp/Part._M_E_R_I ___ T _____ G ___ R O"""'U"-"P_l_.N._C ..... __ Title __ of'P .... a ... t ... r .... ,_· _c .. ; .... a__,,A ..... .--8_u _c _k_m_a_s_t_e_r Secy. rreas. Address 2171 c:J Camino Real, Suite 202 Oceanside, CA 92054 Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership intL>rCSt 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 partnershin, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly- o-wned corporation. include the mmcs, titles, and addresses of the corporate officers. (A separate page may be att~ched if necessary.) HMER0IT .GR08UP kINC.t Person • a v 1 d -u c m a s e r Title Pre s i d e,n t Address 2 1 7 1 E 1 C a m i n o Ii~ a l Suite 202·, Oceanside, CASA LAGUNA GROUP INVESTORS, LL Corp/Part a c a 1 i f , I i m i t e d L i a b i 1 i t y C o r r Title _____________ _ Address CA 2171 El Camino Real, Ste. 202 Oceanside, CA 92054 Person: Patricia A. Buckmaster 2171 El Camino Real, Ste. 202 Oceanside, CA 92054 1635 Fl'lraday Avenue• Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • WWW.CLCarlsbad.CLlfS (j 3. NON-PROF1 .. GANIZATION OR TRUST. -If any person identified pursuant to (I) or (2) abovt is a noru,r;ofit organi1.ation or a trµst. list thL· names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust N / A Non Profit/f rust ---------- Title. __ -_______ _ Title ____________ _ Address. _________ _ Address. ___________ -,-- 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commi5"ons, Committees and/or ~ouncil within the pilst twelve ( 12) months? D Yes □ No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. 1 ccrtt tf t all the above information is true and correct to the best o~ my knowlcdie. CA 11--+f.Ji.lJ.N A Ii RO UlL_!! VEST ORS , · LL C :_jlWI\.U~ =~~ N c . __ ~ · ~ 3/J 9/03 ~---~J/19/03 Signature of owner/date Signature of applicant/dAtc H. ·David Buckmaster H. David Buckmaster CAS~ LAGUNA GROUP INVESTORS, LLC MERIT GROUP INC. Print or type name of owner Print or type name of :lpplicant Signature of owner/applicant's agent if applicable/date H. David Buckmaster, Print or type name of owner/applicant's agent President H:AOMIN\COUNT!f'\DISCLOSURE STATEMENT 1/18 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PLANNING COMMISSION RESOLUTION NO. 5180 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATNE DECLARATION TO DEVELOP A 12 UNIT AIR SPACE CONDOMINIUM PROJECT LOCATED AT THE NORTH SIDE OF LAGUNA DRIVE AT THE NORTHERN TERMINUS OF MADISON STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASA LAGUNA CASE NO.: CT 01-16/SDP 01-15/CP 02-01/CDP 01-42 WHEREAS, Laguna Carlsbad, L.L.C., "Developer/Owner" has filed a verified application with the City of Carlsbad regarding property described Per the attached legal description ("the Property"); and WHEREAS, a Negative Declaration was prepared in. conjunction with said project; and WHEREAS, the Planning Commission did on the 5th day of June, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by· staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESQL VED by the Planning Commission as follows: A) B) Findings: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Negative Declaration according to Exhibit "ND" dated March 7, 2002, and "PII" dated March 4, 2002, attached hereto and made a part hereof, based on the following findings: 1. The Planning Commission of the City of Carlsbad does hereby find: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. B. C. D. •• It has reviewed, analyzed and considered the Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to APPROVAL of the project; and The Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None SEENA TRIGAS, Ch . erson CARLSBAD PLANNING COMMISSION PCRESONO. 5180 -2- ~ity of ccfrlsbad I :.1 Fiei,h,i·l•J4•tl31 11i4 ,II NEGATIVE DECLARATION Project Address/Location: East side of Laguna Drive at the northern terminus of Madison Street in the northwest quadrant of the City. APN: 155-223-08/09. Project Description: 12-unit air space condominium project The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Eric Munoz in the Planning Department at (760) 602-4608. DATED: March 7, 2002 CASE NO: GPA 01-14/LCPA 01-13/CT 01-16/SDP 01-15/CP 02-01/CDP 01-42 CASE NAME: Casa Laguna PUBLISH DATE: March 7, 2002 Planning Director 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ -- ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART II (TO. BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CT 01-16/SDP 01-15/CP 02-01/CDP 01-42 DATE: March 4. 2002 BACKGROUND 1. 2. 3. 4. 5. CASE NAME:_C=as=a:....::L=a~gu=na=----------~------------- APPLICANT: =M=ik=e=--R=-=o1=ett=1=-· _____________________ _ ADDRESS AND PHONE NUMBER OF APPLICANT: 31225 La Baya Drive. Suite 103. Westlake Village. CA 91362. DATE EIA FORM PART I SUBMITTED: =O=ct=ob=e=r-=2...:.;4,a..::2=0.aa..01=------------ PROJECT DESCRIPTION: 12-unit air-space condo project. which includes two affordable units. on an in-fill lot on the east side of Laguna at the northern terminus of Madison Street. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:· The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Land Use and Planning D Population and Housing D Geological Problems □water ~ Air Quality ~ Transportation/Circulation D Biological Resources D Public Services D Utilities & Service Systems D Energy & Mineral Resources D Aesthetics 0Hazards 0Noise D Cultural Resources D Recreation D Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. - (To be completed by the Lead Agency) ~ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENT AL IMP ACT REPORT is required. D I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A(n) EIR is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature Date Date 2 Rev. 03/28/96 ENVIRONMENTAL .TS - STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological ana human factors l}lat might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. t • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A ''No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A ''No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly ·explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "BIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been· analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier BIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has· been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be 111itigated, or a "Statement of Overriding Considerati<;ms" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 --• If there are one or more potentially significant effects, the City may avoid preparing an EIR ifthere are mitigation measures to clearly reduce impacts to less than significant. and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not -reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not -possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation meas¥fes appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. · 4 Rev. 03/28/96 -Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#1:Pgs 5.6-1 -5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#1:Pgs 5.6-1 -5.6-18) c) Be incompatible with existing land use in the vicinity? (#1:Pgs 5.6-1 -5.6-18) d) Affect agricultural resources or operations ( e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#1:Pgs 5.6-1 -5.6-18) e) Disrupt or divide the physical · arrangement of an established community (including a low-income or minority community)? (#1:Pgs 5.6-1 -5.6-18) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#1:Pgs 5.5-1 -5.5-6) b) Induce substantial growth in an area either directly or indirectly ( e.g. through projects "in an undeveloped area or extension of major infrastructure)? (#1:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#1:Pgs 5.5-1 -5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#1:Pgs 5.1-1 -5.1-15) b) Seismic ground shaking? (#1:Pgs 5.1-1 -5.1-15) c) Seismic ground failure, including liquefaction? (#1:Pgs 5.1-1 -5.1.15) d) Seiche, tsunami, or volcanic hazard? (#1:Pgs 5.1-1 - 5.1-15) e) Landslides or mudflows? (#1:Pgs 5.1-1 -5.1-15) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#1:Pgs 5.1-1 -5.1-15) g) Subsidence of the land? (#1:Pgs 5.1-1 -5.1-15) h) Expansive soils? (#1:Pgs 5.1-1 -5.1-15) i) Unique geologic or physical features? (#1:Pgs 5.1-1 - 5.1-15) N. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( # 1 :Pgs 5 .2-1 -5 .. 2- 11) b) Exposure of people or property to water related hazards such as flooding? (#1:Pgs 5.2-l -5 .. 2-11) c) Discharge into surface waters or other alteration of surface water quality ( e.g. temperature, dissolved oxygen or turbidity)? (#1:Pgs 5.2-1 -5 .. 2-11) s --Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □· □ □ □ □ □ □ □ □ Less Than No Significant Impact Impact □ □ □ □ □ □ □ □ □ □ □· □ □ □ □ □ □ □ □ □ Rev. 03/28/96 Issues (and Supporting InforAn Sources). d) Changes in the amount of surface water in any water body? (#1:Pgs 5.2-1 -5 .. 2-11) e) Changes in currents, or the course or direction of water movements? (#1:Pgs 5.2-1 -5 .. 2-11) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#1:Pgs 5.2-1 -5 .. 2-11) g) Altered direction or rate of flow of groundwater? (#1:Pgs 5.2-1 -5 .. 2-11) h) Impacts to groundwater quality? (#1:Pgs 5.2-1 -5 .. 2- 11) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#1:Pgs 5.2-1 -5 .. 2-11) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#1:Pgs 5.3- 1 -5.3-12) b) Expose sensitive receptors to pollutants? (#1:Pgs 5.3-1 -5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#1:Pgs 5.3-1 -5.3-12) d) Create objectionable odors? (#1:Pgs 5.3-1 -5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#1 :Pgs 5.7-1 -5.7.22) b) Hazards to safety from design features ( e.g. sharp curves or dangerous intersections) ·or incompatible uses (e.g. farm equipment)? (#1:Pgs 5.7-1 -5.7.22) c) Inadequate emergency access or access to nearby uses? (#1:Pgs 5.7-1 -5.7.22) d) Insufficient parking capacity on-site or off-site? (#1:Pgs 5.7-1 -5.7.22) e) Hazards or barriers for pedestrians or bicyclists? (#1:Pgs 5.7-1 -5.7.22) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#1:Pgs 5.7-1 -5.7.22) g) Rail, waterborne or air traffic impacts? (#1:Pgs 5.7-1 - 5.7.22) VII.BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#1:Pgs 5.4-1 -5.4-24) b) Locally designated species (e.g. heritage trees)? (#1:Pgs 5.4-1 -5.4-24) 6 Potentially~otentially Significant Significant Impact Unless □ □ □ □ □ □ □ □ □ ~ □ □ □ □ □ □ □ □ Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than No Significant Impact Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ ~ Rev. 03/28/96 Issues (and Supporting Info~ Sources). c) Locally designated natural communities ( e.g. oak forest, coastal habitat, etc.)? (#1:Pgs 5.4-1 -5.4-24) d) Wetland habitat'(e.g. marsh, riparian and vernal pool)? (#1:Pgs 5.4-1 -5.4-24) e) Wildlife dispersal or migration corridors? (#1:Pgs 5.4-1 -5.4-24) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#1:Pgs 5.12.1-1 -5.12.1-5 & 5.13-1 -5.13-9) b) Use non-renewable resources in a wasteful and inefficient manner? (#1:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 -5.13-9) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#1:Pgs 5.12.1-1-5.12.1-5 & 5.13-1 -5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (i,ncluding, but not limited to: oil, pesticides, chemicals or radiation)? (#1:Pgs 5.10.1-1 -5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#1:Pgs 5.10.1-1 - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#1:Pgs 5.10.1-1 -5.10.1-5) d) Exposure of people to existing sources of potential health hazards? (#1:Pgs 5.10.1-1 -5.10.1-5) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#1:Pgs 5.10.1-1-5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#1:Pgs 5.9-1 -5.9- 15) b) Exposure of people to severe noise levels? (#1:Pgs 5.9- 1 -5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#1:Pgs 5.12.5-1 -5.12.5-6) b) Police protection? (#1:Pgs 5.12.6-1 -5.12.6-4) c) Schools? (#1:Pgs 5.12.7.1 -5.12.7-5) d) Maintenance of public facilities, including roads? ( e) Other governmental services? (#1:Pgs 5.12.1-1 - 5.12.8-7) XII. UTILITIES AND SERVICES SYSTEMS. Would" the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: 7 Potentially eot~ntially · Significant Significant · Impact Unless Mitigation Incorporated □ □ □ □ □ ·□ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ ·□ □ □ □ □ □ □ Less Than No Significant Impact Impact □ ~ □ ~ □ ~ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 Issues (and Supporting InfoAn Sources). Potentiall~Potentially Less Than No· Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated a) Power or natural gas? (#1:Pgs 5.12.1-1 -5.12.1-5 & □ □ □ [ZJ 5.13-1 -5.13-9) b) Communications systems? () □ □ □ ~ c) Local or regional water treatment or distribution □ □ □ ~ facilities? (#1:Pgs 5.12.2-1 -5.12.3-7) d) Sewer or septic tanks? (#1:Pgs 5.12.3-1 -5.12.3-7) .□ □ □ ~ e) Storm water drainage? (#1:Pg 5.2-8) □ □ □ [ZJ f) Solid waste disposal? (#1:Pgs 5.12.4-1 -5.12.4-3) □ □ □ [ZJ g) Local or regional water supplies? (#1:Pgs 5.12.2-1 -□ □ □ ~ 5.12.3-7) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#1 :Pgs □ □ □ [ZJ 5.11-1-5.11-5) b) Have a demonstrated negative aesthetic effect? (#1:Pgs □ □ □ [ZJ 5.11-1 -5.11-5) c) Create light or glare? (#1:Pgs 5.11-1 -5.11-5) □ □ □ lZl XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#1:Pgs 5.8-1 -5.8-□ □ □ [gJ 10) b) Disturb archaeological resources? (#1:Pgs 5.8-1 -5.8-□ □ □ [gJ 10) c) Affect historical resources? (#1 :Pgs 5.8-1 -5.8-10) □ □ □ [gJ d) Have the potential to cause a physical change which □ □ □ lZl would affect unique ethnic cultural values? (#1:Pgs 5.8- 1 -5.8-10) [ZJ e) Restrict existing religious or sacred uses within the □ □ □ potential impact area? (#1:Pgs 5.8-1 -5.8-10) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional □ □ □ lZl parks or other recreational facilities? (#1:Pgs 5.12.8-1 - 5.12.8-7) ~ b) Affect existing recreational opportunities? (#1:Pgs □ □ □ 5.12.8-1 -5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the □ □ □ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 8 Rev. 03/28/96 Issues (and Supporting InfoA Sources). b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Potentially -otentially Significant Significant Impact Unless Mitigation Incorporated □ □ □ □ Less Than Significant Impact □ □ No Impact Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects -have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D. In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 9 Rev. 03/28/96 DISCUSSION OF EdNMENTAL EVALUATION - LAND USE PLANNING The site is a 1.18-acre infill site located in the City's northeast quadrant. The existing General Plan designation is a combination RMH/O whereby the Office designation is proposed for removal. The zoning designation is multi-family so the proposal for 12 condo units is consistent with the area's General Plan and existing and future allowed land uses. As an infill lot surrounded by a variety of residential development, no agricultural crops, sensitive habitat or scenic resources are associated with the site. POPULATION AND HOUSING The project is proposing a density consistent with its density allowance. Two onsite units will be redeveloped with the project so there will not be a net displacement of units in the area. The project will also provide its share of affordable housing units (two) to maintain consistency with city standards. GEOLOGIC PROBLEMS The site does not have any geologic instabilities or expansive soils. Surrounded by residential, urban development, the site is not adjacent to, or located on, a bluff edge, sea cliff, earthquake fault line, landslide area, etc. WATER The project will comply with all pertinent Engineering Department standards regarding run-off, grading and stormwater control. Improper drainage patterns will not result from the project and the use of water resources by this project is considered typical of a project of this scale. The project will not impact the flow of water in Buena Vista Lagoon, or any other wetland or water body. Groundwater resources will not be a~fected by this project. AIR QUALITY In 1994 the City prepared and certified an EIR which analyzed the impacts which will result from the build-out of the City under an updated General Plan. That document concludes that continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts in the form of increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including 10 Rev. 03/28/96 mass transit services; 4) .itions ~o promote energy efficient b.ing and sit~ design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the projector are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an BIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No .. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all projects covered by the General Plan's Final Master EIR. This project is within the scope of that MEIR. This document is available a~ the Planning Department. CIRCULATION: In 1994 the City prepared and certified a Master BIR which analyzed the impacts which would result from the build-out of the City under an updated General Plan. That document concluded that continued development to build-out as proposed in the updated General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at build-out. To lessen or minimize the impact on circulation associated with . General Plan build-out, numerous mitigation measures have been recommended in the :Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore,· the preparation of an EIR is not requir:ed because the recent certification of Final Master BIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all projects covered by the General Plan's Master EIR. This project is within the scope of that MEIR. This document is available at the Planning Department. A MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City's prelimin,ary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was . . . 11 Rev. 03/28/96 certified. The only pot-al changed circumstance, the interseen failure at Palo~ar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. BIOLOGICAL RESOURCES The proposed infill site location has no significant habitat or vegetative cover that supports sensitive plant or animal habitats. There are some mature trees onsite and the project is proposing to relocate and retain a certain number of trees per the project's submitted report titled, "Tree Report" by Susan McEowen dated February 20, 2002 on file in the Planning Department. ENERGY AND MINERAL RESOURCES The project will have not have an adverse impact on natural resources or the availability of known mineral resources. The energy consumption of this project is considered typical of a project ofthis type and scale. HAZARDS No health or explosion hazards will be created or facilitated by the development of this proposed 12-unit in-fill residential project. NOISE The project will not generate a significant amount of noise since it a residential project of a scale that is compatible with the adjacent, existing residential developments. Laguna Drive is not a Circulation Element roadway and will not create a significant amount of noise for the project. PUBLIC SERVICES The project will comply with all the requirement of the City's Growth Management Ordinance. · and all necessary services and facilities needed to serve the project will be in place. The demand of this project on city services and facilities is typical of projects of this scale and type. UTILITIES AND SERVICES SYSTEMS All project needs can be serviced by existing utilities and services systems. The infill lot can accommodate the density proposed with the existing utility and service systems in place. Local water supplies can service the project. AESTHETICS The project proposes architecture that is Spanish contemporary and will compliment the area's existing residential development with high quality buildings that comply with the City's design policy (No. 44) that requires architectural quality and variation as well as single story component to projects. No scenic highways or vistas are associated with the site or located near the project. 12 Rev. 03/28/96 --· CULTURAL RESOURCES The infill residential site with two existing units, has no cultural resources on-site. RECREATIONAL There are no existing recreational resources or uses associated with the site. The site will not cr~ate an unusual or significant demand for recreational resources. The project will be designed to comply with the City's private and common recreational r_equirements for residential projects of this type and scale. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008, (760) 602-4600. 1. Final Master Environmental Impact Rej>ort for the City of Carlsbad General Plan Update (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. Please note: there is no new information or substantial change in circumstances since the MEIR was completed that would prevent its application to this project. 13 Rev. 03/28/96 - LIST OF MITIGATING MEASURES (IF APPLICABLE) NIA - ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) NIA ' 14 ' , • . C C Rev. 03/28/96 1 2, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- PLANNING COMMISSION RESOLUTION NO. 5181 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT NUMBER CT 01-16 TO SUBDNIDE 1.18 ACRES INTO 12 AIR SPACE CONDOMINIUM UNITS ON ONE LOT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LAGUNA ORNE AT THE NORTHERN TERMINUS OF MADISON STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASA LAGUNA CASE NO.: CT 01-16 WHEREAS, Laguna Carlsbad L.L.C., "Developer/Owner" has filed a verified application with the City of Carlsbad regarding property described as Per legal description attached to Planning Commission Resolution No. 5180 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" -"M"·dated June 5, 2002, on file in the Planning Department CASA LAGUNA-CT 01-16, as provided by Title 20 of the. Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of June 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES CASA LAGUNA-CT 01-16, based on the following findings and suqject to the following ~onditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - Findine:s: 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of tlie Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project complies with all residential conditions of approval and all corresponding public improvement requirements will be secured from the project. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan, in that the proposed project is at a residential scale that is compatible with the adjacent residential development which includes multi-family structures as well as single-family homes. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards can be met on-site including the provision of required parking spaces, setbacks, and private and common recreational amenities. The recommendation to support a .5 parking space deviation for the affordable studio unit does not reflect the site's inability to • accommodate the proposed project density; it is an incentive that allows the provision of affordable units on the site, at a similar size and scale to the proposed market rate units. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the property has no unusual easements or requirements for public use or passage through the property. The project is compliant with all requirements associated with a subdivision of this scale. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act) and in addition, no agricultural resources or agriculturally significant soils are present on-site. 6. 7. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented in a manner that aliows for southern exposure to the sun but also will receive cooling from the prevalent sea breezes coming off the ocean and Buena Vista Lagoon located to the north/northeast of the project site. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that this project is proposed for an infill site that has no native habitats, · sensitive environmental resources, cultural resources, or habitats significant to fish and other wildlife. PC RESO NO. 5181 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. -- That the-discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been reviewed and conditioned by the Engineering Department to ensure compliance. 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 June S, 2002 including, but not limited to the following: Land Use Element: the project proposes a land use that is consistent with the area, the zoning and the General Plan designation of the site. Housing Element: the project will provide its share of required affordable housing dwelling units. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes eleme_nts 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 s~e new development prior to or concurrent with need. Specifically: A. B. C. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 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. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that the project is conditioned to maintain Growth Management compliance. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolutjon, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 5181 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map approval. Plannin2: 1. 2. 3. 4. 5. 6. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CT 01-16 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies· with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's . approval is not validated. Developer shall submit to Planning Director a reproducible 24" x 36", mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. PC RESO NO. 5181 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. -- Prior to the issuance of a building pennit, the Developer shall provide proof to the Director from the 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 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building pennits. 9. Building pennits will not be issued for thi_s 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 availabl~ to the project at the time of the application for the building pennit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Note: A Note to this effect shall be placed on the Final Map. 10. This approval is granted subject to the approval of the project's Negative Declaration, SDP 01-15, CP 02-01, and CDP 01-42 and is subject to all conditions contained in Planning Commission Resolutions 5180, 5182, 5183 and 5184 for those other approvals. 11. Prior to the approval of the final niap, prior to the issuance of building pennits for any units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict the required 15 percent of the total dwelling units (including: 12. 13. 14. 15. Units to be constructed) as affordable to lower-income households for the useful life of the dwelling units, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the • map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The Developer shall construct the required inclusionary units concurrent with the project's market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for developmeRt. · The Developer shall submit and obtain Planning Director approval of a Final Landscape · and Irrigation Plan showing confonnance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. . The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. The Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs · shali be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building pennit the Developer shall provide the Planning Department. wi~h a recorded copy of the official PC RESO NO. 5181 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. C. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article ___ _, Section ____ _ the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to cany out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. D. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against tbe Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in . the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and PC RESO NO. 5181 -6- 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. E. F. -- his/her respective Lot for purposes of collecting such spec'ial assessment in accordance with the procedures set forth in Article ___ of this Declaration. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in the preliminary Landscape Exhibits, Exhibit "Land M", dated June S, 2002. Parking Restrictions. No parking shall be allowed on private driveways less than 20 feet in length. 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 CFO #1 special tax (if applicable), subject to any credits authoriz~d by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, 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. 17. Prior to the issuance of the grading permit or approval of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Map by Resolution No. 5181 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director 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. 18. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future . and existing schools, parks and streets. · 19. The developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall 'remain posted until ALL of the units are sold. 20. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Eneineerine Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the ' approval of this proposed tentative map, must be met prior to approval of a grading permit. General 21. Prior to hauling dirt or construction materials to or from any proposed construction site PC RESO NO. 5181 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 22. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 23. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map using NAD 83 reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 24. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of a facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 25. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 26. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 27. There shall be one Final Map recorded for this project. 28. Dev~loper shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map ( and in the CC&Rs ): "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. PC RESO NO. 5181 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -·- Fees/ Aereements 29. · 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. 30. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 31. Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Gradin& 32. 33. 34. Prior to the issuance of a grading permit the Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer. All grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the "dry season", April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer, obtained in advance, and only if all erosion control measures are in place by October 1st. Dedications/Improvements 35. 36. 37. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public easements shown on the Tentative Map. The offer shall be made by a certificate on the final map and/or separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading. Developer shall provide the design of all private streets and drainage systems to ·the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be· inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 38. Deve~oper shall execute and record a City stan~ard Subdivision Improvement Agreement PC.RESO NO. 5181 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map including, but not limited to: paving, base, sidewalks, stonn drains, curbs and gutters, undergrounding or relocation of utilities, sewer, water, fire hydrants, and street lights. To ensure acceptable transitions of pavement slopes and cross-fall grades, the limits of removal and reconstruction of the existing pavement on Laguna Drive shall be as directed by the City Engineer. Additional storm drain inlets and facilities, not shown on the Tentative Map may be required on Laguna Drive to ensure proper drainage. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision improvement agreement or such other time as provided in said agreement. 39. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from IO-year frequency stonns of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a stonn of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour stonn durations shall be analyzed to detennine the detention basin capacities necessary to accomplish the desired results. 40. Prior to the issuance of grading pennit or building pennit, whichever occurs first, the applicant shall submit for City approval a "Stonn Water Pollution Prevention Plan (SWPPP)". The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible stonn water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: A. B. C. D. Identify existing and post-development on-site pollutants. Recommend source control Best Management Practices (BMPs) to filter said pollutants. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. Ensure long-term maintenance of all post construct BMPs in perpetuity. Final Map Notes 41. Notes to the following effects shall be placed on the map as non-mapping data A. B. C. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Water main and appurtenances 2. Sewer main and appurtenances Building permits will not be issued for development of the subject.property unless the appropriate agency detennines that sewer and water facilities are available. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of PC RESO NO. 5181 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. -· - Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Code Reminder 42. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor pl_anning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 5181 -11- 1 2 3 4 5 6 7 I 8 9 10 11 -12 • 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June 2002, by the following vote, to wit: A YES: Chairperson Segall, Commissioners Baker, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None s~ DL ~~ SEENA TRIGAS, Cha~cm CARLSBAD PLANNING COMMISSION PC RESO NO. 5181 • ., -12- 1 2 3 4 5 6 7 8 9 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5182 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 01-15 TO ALLOW THE PROVISION OF TWO INCLUSIONARY AFFORDABLE UNITS WITHIN A 12 UNIT PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LAGUNA DRIVE AT THE NORTHERN TERMINUS OF MADISON STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASA LAGUNA CASE NO.: SDP 01-15 WHEREAS, Laguna Carlsbad L.L.C., "Developer/Owner" has filed a verified application with ~he City of Carlsbad regarding property described as Per legal description· attached to Planning Commission Resolution No. 5180 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits "A" -"M" dated June 5, 2002, on file in the Planning Department, CASA LAGUNA-SDP 01-15 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of June, 2002, 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) B) That the foregoing recitations are true and correct. . . That based on the evidence presented at the public hearing, the Planning Commission APPROVES CASA LAGUNA -SDP 01-15 based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - Findin~s: 1. 2. 3. 4. 5. 6. 7. 8. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the two inclusionary units are adequately integrated into the project design and all related development standards can be complied with. That the site for the intended use is adequate in size and shape to accommodate the use, in that site has been designed to accommodate parking, recreation space and street access for the two inclusionary units out of the overall twelve unit project. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project complies with all applicable development standards, including the design and amenities of the affordable units. The project proposes required setback areas, fencing and landscaping to make the project compatible with existing as well as future permitted uses in the area. The parking and storage space standards deviations will not impact the project's compatibility with existing and future allowed uses. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the Laguna Drive str~et system can accommodate the traffic anticipated by the development of this infi_ll lot. The project complies with the City Inclusionary Housing Ordinance by providing 15% of the project's total units as a lower-income affordable units. Two units of the 12-unit project will be income restricted. As allowed by Code Section 21.53.120(c), this project proposes two standards deviations (.5 parking space and reduced storage space) for the affordable studio unit. These modifications will not significantly impact the quality of the proposed project nor hinder the project's ability to maintain compatibility with adequate existing, and future permitted, uses. The proposed standards deviations can be supported because the project is in conformity with the City's General Plan; · adopted policies and goals; the project will have no detrimental effects on public health, safety and welfare; and the project is consistent with all local coastal program provisions and is entitled by CDP 01-42, which is part of this project's approval. The project is consistent with the General Plan in that General Plan combination districts on sites under 25 acres may be developed via a Site Development Plan (SDP). This SDP will not implement the Office section of the existing combination designation of RMH/0. The RMH will be applied to the entire site with this SDP entitlement as allowed by the General Plan. This project may access six dwelling units out of the NW quadrant excess dwelling unit bank for a project total of 12 units since it is consistent with Council Policy 43. PC RESO NO. 5182 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- Specifically, this project meets the number one priority of providing lower-income units (2). Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval. 1. 2. 3 .. 4. 5. 6. 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 tjght to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan. Staff is authorized and directed to make, or require the Developer to m~e, all corrections and modifications to the SDP 01-15 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. This approval is granted subject to the approval of the project's Negative Declaration, CT 01-16/CP 02-01/CDP 01-42 and is subject to all conditions contained in the Planning Commission Resolutions S180, 5181, 5183 and 5184 for those other approvals and incorporated herein by reference. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units~ the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict two dwelling units as affordable to lower-income households for the useful life of the dwelling units, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The affordable housing agreement shall implement the following standards deviation associated with the Affordable studio unit: a reduction in the storage space requirement from 392 cubic feet to 240 cubic feet; and a waiver of the .5 residential space portion of the 1.S parking space requirement for studio units. A one car garage will be provided for the studio unit Developer shall construct the required inclusionary units concurrent ~ith the project's market rate units, unless both the final decision making authority of the City and the PC RESO NO. 5182 -3- 1 2 3 4 5 6 7 ➔ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • -- Developer agree within an Affordable Housing Agreement to an alternate schedule for development. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas, · White, and Whitton NOES: None ABSENT: Commissioner Dominguez ~ None S:o Q e u,-.Q a SEENA TRIGAS, ChairperMn CARLSBAD PLANNING COMMISSLON PC RESO NO. 5182 -4- 1 2 3 4 5 6 7 8 9 10 11 12· 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PLANNING COMMISSION RESOLUTION NO. 5183 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 02-01 ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDp OF LAGUNA DRIVE AT THE NORTHERN TERMINUS OF MADISON STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASA LAGUNA CASE NO.: CP 02-01 WHEREAS, Laguna Carlsbad, L.L.C., "Developer/Owner" has filed a verified application with the City of Carlsbad regarding property described as Per legal description attached to Planning Commission Resolution No. 5180 ("the Property"); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits "A" -"M" dated June 5, 2002, on file in the Planning Department, CASA LAGUNA -CP 02-01, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of June, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony . . and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CASA LAGUNA -CP 02-_0l, based on ~he following findings and · subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findin~s: 1. 2. 3. 4. 5. 6. 7. All finding_s of Resolutions No. 5180, 5181, 5182, and 5184 for the Negative Declaration, CT 01-16, SDP 01-15 and CDP 01-42, respectively, are incorporated herein by reference. That the granting of this permit will ·not adversely affect and will be consistent with the Municipal Code, the General Plan and all adopted plans of the City and other governmental agencies, in that the 12 unit air space condo project is consistent with the Residential Medium High (RMH) density land use designation and R-3 zoning and is in compliance with all applicable development standards and design criteria. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, in that the project provides residential density that is within the various densities of adjacent, existing development, and is compatible with development in the surrounding community and provides two on-site affordable units. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project is compatible with surrounding residential uses; provides all necessary public improvements to serve the demand generated by the project; as designed provides adequate setbacks, landscaping and circulation improvements; and complies with all City ordinances and standards; except for the noted deviations to the parking and storage space standards associated with the affordable studio unit as allowed by Code Section 21.53.120(c). That the proposed Planned Development meets all of the m1mmum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that the development utilizes a creative site design which is well integrated, oriented and related to the site and provides for adequate circulation, off-street parking, usable private and common open space recreation facilities, and other required amenities; except for the noted deviations to the parking and storage space standards associated with the affordable studio unit as allowed by Code Section 21.53.120(c). That the proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site, in that the site has been previously used for residential uses and is relatively level and contains no natural resources or varied topography. That the proposed project's design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that the project design is consistent with surrounding multiple· family development, and the proposed density is within the Residential Medium High (RMH) density range and does not exceed the Growth Management control point. PC RESO NO. 5183 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. That the project's circulation system is designed to be efficient and well integrated with the project and does not dominate the project, in that the project bas a private driveway that provides direct access from Laguna Drive to the units and guest parking bays. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map approval. · 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Condominium Permit. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Condominium Permit document(s), necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits prior to building permit issuance. 4. This approval is granted subject to the approval of the project's Negative Declaration, CT 01-16, SDP 01-15 and CDP 01-42 and is subject to all conditions contained in the • Planning Commission Resolutions 5180, 5181, 5182 and 5184 for those other approval and incorporated herein by reference. 5. This project is being approved as a condomi~um permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. 6. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 7. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.l 05. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or .materials to the project to the satisfaction of the Planning Director. PCRESONO. 5183 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. - The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs ·proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includ·es the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specifieq fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with .this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 5183 -4- -~ .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 J 17 • 18 19 20 21 22 23 24 25 26 27 28 ·- PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 5th day of June, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez J ~one ShQ,..... u SEENA TR1GAS, Chairp~ CARLSBAD PLANNING COMMISSION PC RESO NO. 5183 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PLANNING COMMISSION RESOLUTION NO. 5184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 01-42 TO ALLOW THE CONSTRUCTION OF TWELVE AIRSPACE CONDO- MINIUM UNITS ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF LAGUNA DRIVE AT THE NORTHERN TERMINUS OF MADISON STREET IN THE MELLO II LCP WITHIN LOCAL FACILITIES MANAGEMENT ZONEl CASE NAME: CASE NO.: CASA LAGUNA CDP 01-42 WHEREAS, Laguna Carlsbad L.L.C., "Developer/Owner" has filed a verified application with the City of Carlsbad regarding property described as Per legal description attached to Planning Commission Resolution No. 5180 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" -"M" dated June 5, 2002, on file in the Planning Department, CASA LAGUNA-CDP 01-42 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of June, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES CASA LAGUNA -CDP 01-42 _based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • - Findin2s: 1. 2. 3. 4. 5. That the proposed development is in conformance with the Certified Local <;:oastal Program and all applicable policies in that the site is designated for multiple family residential development and the development consists of the construction of 12 airspace condominium units on a previously developed property; the development does not obstruct views of the coast line as seen from public lands or public right-of- way or otherwise damage the visual beauty of the coastal zone; and no agricultural activities, sensitive resources, geological ~nstability or coastal access opportuQ.ities exist on the previously graded and developed site. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or -susceptible to accelerated erosion, floods or liquefaction. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that there are no public recreation or access requirements for this property. Conditions: Note: Unless otherwtse specified herein, all conditions shall be satisfied prior fo Final Map approval (CT 01-16). 1. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. PCRESONO. 5184 -2- .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. -- Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. This approval is granted subject to the approval of the project's Negative Declaration, CT 01-16, SDP 01-15, and CP 02-01 and is subject to all conditions contained in the Planning Commission Resolutions 5180, 5181, 5182 and 5183 for those other approvals and incorporated herein by reference. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 5184 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 18 19 20 21 22 23 24 25 26 27 28 • - PASSED, APPROVED AND ADOPTED at a regular meeting of the ~lanning Commission of the City of Carlsbad, California, held on the 5th day of June, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None ~u;. SEENA TRIGAS, Chairp~n CARLSBAD PLANNING COMMISSION PC RESO NO. 5184 -4- ..