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Home My WebLink About2004-02-04; Planning Commission; ; CT 02-28|SDP 03-18|CP 02-13|HDP 02-14 - LA COSTA CONDOMINIUMS- 4- '.& - The City of Carlsbad Planning Department P.C. AGENDA OF: February 4,2004 A REPORT TO THE PLANNING COMMISSION Application complete date: July 2,2003 Project Planner: Saima Qureshy Project Engineer: Frank Jimeno SUBJECT: CT 02-2WSDP 03-18/CP 02-13/HDP 02-14 - LA COSTA CONDOMINIUMS - Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Site Development Plan, Condominium Permit and Hillside Development Permit to develop a 58-unit residential condominium project on an 8.18 acre site located on the south side of La Costa Avenue, east of El Camino Real and west of Castilla Way, within Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5554 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commissioii Resolutions No. 5555, 5556, 5557, and 5558 RECOMMENDING APPROVAL of Tentative Tract Map (CT 02-28), Site Development Plan (SDP 03-18), Condominium Permit (CP 02-13) and Hillside Development Permit (HPD 02-14) based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The applicant proposes to develop a previously graded vacant lot totaling 8.18 acres (5.05 net acres) with a 58-unit air space condominium project located on the south side of La Costa Avenue, east of El Camino Real and west of Castilla Way. The development of the proposed condominium project requires the processing and approval of a Tentative Tract Map, Site Development Plan, Condominium Permit and Hillside Development Permit. The project proposes a density of 11.48 dwelling units per acre which is slightly below the growth management control point density of 11.5 dwelling units per acre for the Residential Medium- High (RMH) General Plan designation (8-15 ddac) for the subject site. The project as designed and conditioned is in compliance with all City standards including the General Plan, Subdivision Ordinance, Planned Development Ordinance, and Residential Density-Multiple (RD-M) zoning regulations of the Carlsbad Municipal Code (CMC). The project will not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared for the project. The project conforms to all applicable standards, there are no outstanding project issues, and all necessary findings can be made for the approval being requested. City Council action is required as the subdivision contains more than 50 residential units. I L . 3 ‘a CT 02-28/SDP 03-18/CP O~-~J/HDP 02-14 -LA COSTA CONDOMLINMS February 4,2004 Page 2 111. PROJECT DESCRIPTION AND BACKGROUND The subject site is 8.18 acres in size and is located on the south side of La Costa Avenue east of El Camino Real, west of Castilla Way and immediately adjacent to the eastern boundary of an existing multi-family development, called the Marbella Condominium project. The site is currently vacant and was previously graded under the jurisdiction of the County of San Diego, prior to the annexation of La Costa into the City of Carlsbad. Topographically, the site is characterized by a slope along the fkontage of La Costa Avenue which increases in height as La Costa Avenue goes downhill fiom the east end of the property to the west end. A large, rectangular pad (5.05 acres) runs through the middle of the site with its longest dimension being east to west. A significant slope runs east-west along the southern section of the site and ranges in height from 50 to 90 feet. This slope separates the pad location on the site from the duplexes that back onto the property located on Sacada Circle and Torrejon Place to the south. Although the site has been previously graded, over time, vegetation has grown along the large slope that runs along the southerly side of the property. The slope and vegetation is not integrated into any open space system in the area. However, some minor patches of non- occupied Coastal Sage Scrub (CSS) are located on this slope, totaling 1.1 acres. The project is proposing to impact 0.29 acres of the total CSS on site. The project is conditioned to mitigate all impacts to the coastal sage scrub by acquiring 0.29 acres of mitigation credit in a pre-approved mitigation area or mitigation bank as approved by the City and the resources agencies. The geotechnical study prepared for this project has revealed ancient landslides below the surface of the southerly slope. The slope itself ranges fiom 50 to 90 feet in height. The lots located south of the subject site, above the slopes drain down the slope to the subject site. A lack of an adequate drainage system has caused erosion and partial destabilization of the slopes. This project is conditioned to both stabilize the slopes and contain and control the runoff to the site. The project’s grading will contribute to the overall stabilization of these slopes. The applicant is proposing to excavate and re-compact the ancient landslides and use the upper pad of the development to serve as a buttress for this slope. The geotechnical study addresses this mitigation measure and staff has found this buttressing, along with drainage control, to be an adequate solution. The site is zoned RD-M and has a General Plan designation of RMH. Surrounding land uses consist of the Marbella Condominium project to the west, single family dwellings on the north side of La Costa Avenue, vacant land to the east, and duplex residences to the south. The duplex units are on average 80 feet above the subject site. The buildings proposed for this project have varied massing, roof forms, balconies and roof decks that follow the form of the topography, and are oriented to take advantage of the views to the north. The architectural design of the buildings is of a Mediterranean style and include sloping tile roofs, plaster exteriors, decorative recesses, wainscots at the base of the buildings, iron balcony rails, fabric awnings and rectangular and arched openings. There are three types of buildings proposed: two, three-plex buildings, four, four-plex buildings and six, six-plex buildings. The three-plex building is simply half of a six-plex building. The - I 4 *-* CT 02-28/SDP 03-18/CP 02-13/HDP 02-14 -LA COSTA CONUOMINIUMS February 4,2004 Pane 3 Floor Plans Area Bed rooms/ Baths Plan 1 1,340 sq. ft. 3 bedrms.12 bath Plan 2 1,590 sq. ft. 3 bedms./2 bath Plan 3 1,737 sq. ft. 4 bedrms./2 bath three-plex and six-plex buildings are proposed to be located on the lower, larger pad closest to La Costa Avenue and take their access off of Private Drive ‘B.’ The four-plex buildings would be located on the higher buttress pad at the base of the existing slope along the southerly edge of the site and will take their access off of Private Drive ‘A.’ The site is designed to provide pedestrian connections between the buildings. No. of units in Affordable units project 14 9 14 0 14 0 Three-Plex and Six-plex Buildings The three-plex and six-plex buildings have a variety of shapes and forms. Four of the six units are oriented around a motorcourt. The other two units have garages that are accessed directly from the private drive. The motorcourt design orients the garage doors inward and allows for a more pleasing street scene. Each six and three-plex building has three floor plans. Plan 1 is 1,340 square feet, Plan 2 is 1,590 square feet and Plan 3 is 1,737 square feet in size. These buildings contain a total of 42 units. Four-plex Buildings The four-plex buildings are three story town homes and afford the best views fi-om the site. They are of a split level configuration and their foundation is designed to help retain the slope behind them. The garages of these units face directly to the private drive at the lowest floor level. These units are 2,016 square feet in size and each unit contains 4 bedrooms and 3 bathrooms. There are four, four-plex buildings and they contain a total of 16 Units. Recreation Area Two common recreation areas are proposed for the project; a centrally located pocket-park (530 square feet) and a 14,330 square foot active recreation area located in the northeastern corner of the project site. The amenities in the active recreation area include: swimming pool, spa, barbeque area, bathroodchanging room, play equipment, and turf play area. Both recreation areas are accessible by foot and are connected to the units by pedestrian walkways. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. B. C. D. General Plan RMH (Residential-Medium High Density) designation; Hillside Development Regulations (Chapter 2 1.95 of the Carlsbad Municipal Code); RD-M Zone (Residential Density-Multiple) and Planned Development regulations (Chapters 2 1.24 and 21.45 respectively of the Carlsbad Municipal Code); Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); CT 02-28/SDP 03-18/CP O~-IJ/HDP 02-14 - LA COSTA CONDOMhlUMS February 4,2004 ELEMENT Land Use Housing Pane 4 GOAL OBJECTIVE OR IMPROVEMENTS PROGRAM Site is designated for Residential Multi-family residential Yes Medium-High (8-15 du/acre) w/ growth management control point of 11.5 ddac. 15% inclusionary housing Project conditioned to Yes requirement per Objective 3.6. units at 11.48 ddac. provide 9 affordable dwelling units on site. E. F. Inclusionary Housing Ordinance (Chapters 21.85 & 21.53 of the Carlsbad Municipal Code); and Growth Management Regulations (Chapter 2 1.90 of the Carlsbad Municipal Code). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The proposed project is consistent with the policies and programs of the General Plan. The property has a General Plan designation of RMH which allows the development of multi-family residential units at a density of 8-15 dwelling units per acre with a growth control point of 11.5 dwelling units per acre. The proposed density of the project, at 1 1.48 dwelling units per acre, is slightly below the growth management control point (11.5 ddac) used for the purpose of calculating the City’s compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City’s certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City’s share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City’s Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City’s share of the regional housing need. The project proposes fifty- eight condominium units being developed on a net 5.05 acre lot. The project complies with all the elements of the General Plan as outlined in Table 1 below: Table 1 - GENERAL PLAN COMPLIANCE I USE, CLASSIFICATION, I PROPOSED USES & I COMPLY I / L I 'Xl CT 02-28/SDP 03-18/CP 02-13/HDP 02-14 - LA COSTA CONUVOMIN~UMS February 4,2004 Page 5 Tal ELEMENT Public Safety Noise Open Space & Conservation Circulation e 1 - GENERAL PLAN COMPL USE, CLASSIFICATION, GOAL OBJECTIVE OR PROGRAM Provide project review that allows consideration of seismic and geologic hazards. Residential interior noise standards of 45 dBA CNEL. Exterior noise level of 60 dB (A) CNEL in private open space areas. Minimize environmental impacts to sensitive resources within the City. Utilize Best Management Practices for control of storm water and to protect water quality. Requires new development to construct improvements needed to serve proposed development. ANCE CONTINUED PROPOSED USES & IMPROVEMENTS Project improvements will not significantly impact or be impacted by geologic or seismic conditions. The project is conditioned to stabilize the slopes located on site and contain and control the runoff to the site from adjacent properties located on top of the slope. The project is conditioned to comply with the 45 &A CNEL interior noise standard. North-facing private open space balconies comply with the 60 &A exterior noise level standard with the implementation of mitigation measures. The project is designed with a 5.5' high noise wall located along La Costa Avenue. The project is conditioned to mitigate impacts to non- occupied Coastal Sage Scrub by acquiring 0.29 acres of mitigation credit. The project will conform to all NPDES requirements. All public facilities including curb, gutter and sidewalk will be constructed along the property fkontage. COMPLY Yes Yes Yes Yes CT 02-28/SDP 03-18/CP 02-15/HDP 02-14 - LA COSTA CONDOMIJVIUMS February 4,2004 Pane 6 B. Hillside Development Regulations A Hillside Development Permit is required for the project since the subject site contains slopes of 15 percent or greater and has an elevation differential greater than 15 feet. The constraints map associated with this project properly identifies existing and proposed hillside conditions and slope percentages. The geotechnical study prepared for this project has revealed ancient landslides below the surface of the southerly slope. The slope itself ranges fiom 50 to 90 feet in height. The existing residential lots located above and south of the subject site, drain over and down the slope to the subject site. A lack of an adequate drainage system has caused erosion and partial destabilization of the slopes. The applicant is proposing to excavate and re-compact the ancient landslides and use the upper pad of the development to serve as a buttress for this slope. As a result of this corrective grading work, the project grading quantities will exceed the acceptable level of grading (8,000 cubic yarddacre) identified in CMC Section 21.95.120. However, pursuant to CMC Section 21.95.120, grading quantities for the project are allowed to exceed identified allowable grading quantities due to unusual geotechnical and soil conditions that necessitate corrective grading measures. Grading into slopes in excess of 40 percent is also allowed since this grading is required for remedial purposes. The project is consistent with the Hillside Ordinance architectural guidelines in that all of the units, including balconies and patio covers, are set back fiom the top of slope a minimum of 15 feet. The 7:l ratio view line fiom La Costa Avenue, as required by the Hillside Development Ordinance, is maintained. C. RD-M Zoning/Condominium (Planned Development) The proposed project is subject to the RD-M Zone regulations, and the Planned Development (PD) regulations. The PD regulations provide the development standards for condominium proj ec t s . The proposed three-story structures, with a building height of 35 feet, will be compatible with existing and proposed developments and complies with all of the requirements of the RD-M zone and Planned Development regulations for multi-family developments. The project will be compatible in size, scale, and design with the surrounding multi-familylcondominium projects. Access to the site meets all Fire Department and Engineering Department standards and the proposed parking (2 spaces per unit and 22 guest parking spaces) meets the parking requirements . Pursuant to the Fire Department’s requirement, all units will contain a sprinkler system and the project is designed with fire turnaround areas on both private driveways to mitigate the safety concerns of the Fire Department. To mitigate the Engineering Department’s concerns, a double-throated driveway entrance is proposed at the project’s entrance and the slope along La Costa Avenue will be cut back up to 30 feet to provide a 510 foot minimum site distance in both directions along La Costa Avenue I - CT 02-28/SDP 03-18/CP 02-13/HDP 02-14 - LA COSTA CO~OOMINIUMS February 4,2004 Page 7 PERMITTED/ REQUIRED 60% 30’ measured from ROW looking from the driveway entrance. Table 2 illustrates how the project complies with the applicable RD-M zoning and PD development regulations. PROPOSED 14.96% 30’ minimum Table 2: RDM Zoning and P STANDARD 8’ 35’ Max. Lot Coverage (RD-M) Secondary Arterial Setback - La Costa Avenue (PD) Min. Side Setback (RD-M) Min. Rear Setback (RD-M) (PD Setbacks) Setback from driveway (garage) Setback from driveway (residence) Max. Building Height (PD/RD- M) 8’ minimum 35’ Minimum Building Separation (PD) 17 10 ft. x 10 ft. patio or 6ft x loft balcony 200 sq ft of community recreational space per unit (1 1,600 sq. ft. total) 20 sq. ft. per unit (1,160 sq ft) 392 cubic feet/unit Resident Parking 22 28 units will feature 10 ft. x 10 ft. patios and 30 units will have 6ft x loft decks 14,330 sq. ft. 30.2 sq. f’t. per unit (1,750 sq ft) 392 cubic feet or m-eatedunit Visitor Parking Private Recreational Space Common Recreation Area RV Storage Storage Space D. Subdivision Ordinance 5’ 20’ 10’ 70’ 5’ I 5’ 20 feet average with a structures between structures 2 spacesldu - 2 car garage for each 1 coveredl uncovered 20 feet average with a The Engineering Department reviewed the proposed tentative map and concludes that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance (CMC Title 20). The project is conditioned to install all infrastructure improvements concurrent with the development. Access to the site will be from La Costa Avenue. The proposed building setbacks will allow for adequate air circulation and the opportunity for passive heating and cooling. CT 02-28ISDP 03-18/CP 02-13/HDP 02-14 - LA COSTA CONDOMlPvIUMS February 4,2004 STANDARD Citv Administration Pane 8 IMPACTS COMPLIANCE 214.6 sf Yes E. Inclusionary Housing Library Waste Water Treatment Parks The City’s Inclusionary Housing Ordinance (CMC Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project would be 9 dwelling units. The applicant is proposing to satisfy this requirement by designating 9 of the proposed for sale units on-site as affordable. The affordable units will be type “Plan 1” located in the six-plex buildings. Each affordable unit is 1,340 square feet in size and will have three bedrooms and two bathrooms. The project has been conditioned to enter into an Affordable Housing Agreement with the City in accordance with the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code. Therefore, with this condition in place, the proposed project complies with all applicable inclusionary housing requirements. 114.72 sf Yes 58 EDU Yes 0.43 ac Yes F. Growth Management Drainage Circulation The proposed project is located within Local Facilities Management Zone 6 in the Southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 3 below. 36.51 CFS Yes 464 ADT Yes Table 3: GROWTH MANAGEMENT Fire Ouen SDace Stations No. 2 & 6 Yes ~ n/a Yes Schools Sewer Collection Svstem EncinitadSan Dieguito Yes 58 EDU Yes 1 Water I 12,760GPD I Yes *The project is 0.02 dwelling units below the Growth Management Dwelling Unit allowance of 1 1.5 dwelling units for the subject property. V. ENVIRONMENTAL, REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The site is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal community. A Biological Resources Report and Impact Analysis was prepared for the proposed project by Affinis Environmental Services in August 2002 and was updated in March, 2003. The report and update were based upon surveys of the site f f - h CT 02-28ISDP 03-18/CP 02-13/HDP 02-14 - LA COSTA CONuOMINIUMS February 4,2004 Pane 9 conducted in May 2002 and a literature review. The report identified that 1.1 acres of non- occupied CSS exist on site and 0.29 acres of this total will be impacted by the project and will be mitigated by acquiring mitigation credit in a pre-approved mitigation area or mitigation bank. Since the project is subject to noise impacts from La Costa Avenue, an Acoustical Analysis report was prepared for the proposed project by Mestre Greve Associates in May 2002. The report indicates that the project site will be subject to a traffic noise level of about 66.3 CNEL from La Costa Avenue at the northern property line. In order to meet the 60 CNEL exterior noise standard, noise barriers are required along La Costa Avenue. The project is designed with a 5.5-foot high decorative noise attenuation wall located at the top of slope along La Costa Avenue. Also, to meet exterior noise levels for balconies located on the third floor, 5-foot high solid balcony barriers are required. The interior noise levels are required to be no greater than 45 dBA CNEL. The report indicates that the buildings closest to La Costa Avenue will be exposed to noise levels of less than 60 CNEL and therefore will require less than 15 dB exterior to interior noise reduction in order to meet the standard of 45 CNEL. With construction practices common in California, residential buildings achieve outdoor to indoor noise reduction of at least 20 dB. In addition a mitigation measure is included in the Mitigation Monitoring and Reporting Program which requires mechanical ventilation for the units facing La Costa Avenue. The necessary mitigation measures have been agreed to by the developer and a mitigation monitoring and reporting program has been prepared. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration was published in the newspaper and sent to the State Clearinghouse for public agency review. A letter was received from the wildlife agencies during the public review period. The letter and staff response are attached to this report. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Planning Commission Resolution No. 5554 (MND) Planning Commission Resolution No. 5555 (CT) Planning Commission Resolution No. 5556 (SDP) Planning Commission Resolution No. 5557 (CP) Planning Commission Resolution No. 5558 (HDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Letter fiom wildlife agencies and response from staff Reduced Exhibits Exhibits “A” - “WW” dated February 4,2004 SQ:bd:mh LA COSTA CONDOMINIUMS CT 02-28/SDP 03-1 8/CP 02-1 3/HDP 02-14 I r L - - BACKGROUND DATA SHEE'i CASE NO: CT 02-28/SDP 03-18/CP 02-13/HDP 02-14 CASE NAME: La Costa Condominiums APPLICANT: Calso, LLC REQUEST AND LOCATION: Mitigated Negative Declaration. Mitigation Monitoring and Reporting Program. Tentative Tract Map, Site Development Plan, Condominium Permit and Hillside Development Permit to develop a 58-unit residential condominium on an 8.18 acre site located on the south side of La Costa Avenue, east of El Camino Real and west of Castilla Way, within Local Facilities Management Zone 6. LEGAL DESCRIPTION: Lot 185 of La Costa South Unit 1. in the Citv of Carlsbad, Countv of San Diego. State of California, according to map thereof no. 6117, filed in the office of the County Recorder of San Diego County, June 3,1968. APN: 216-160-27 Acres: 8.18 Proposed No. of LotsAJnits: one lot/58 airspace condominiums GENERAL PLAN AND ZONING Land Use Designation: RMH Density Allowed: 11.5 Existing Zone: RD-M Surrounding Zoning, General Plan and Land Use: Density Proposed: 11.48 Proposed Zone: RD-M Zoning Site RD-M North R-1 South R-2 East RD-M West m-M General Plan Current Land Use RMH VACANT RLM Single Family Residential RM Duplexes RMH Vacant RMH Condominiums PUBLIC FACILITIES School District: EncinitadSan Diemito Water District: Carlsbad Sewer District: Leucadia Equivalent Dwelling Units (Sewer Capacity): ENVIRONMENTAL IMPACT ASSESSMENT u Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other, Mitigated Negative Declaration CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: La Costa Condominiums - CT 02-28/SDP 03-18/CP 02-13/HDP 02-14 LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: RMH DEVELOPER’S NAME: Calso, LLC ADDRESS: 2683 Costabelle Drive. La Jolla, CA 92037 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 8.18 acres ESTMATED COMPLETION DATE: ZONING: RD-M PHONE NO.: (858) 453-4575 ASSESSOR’S PARCEL NO.: 216-160-27 A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 214.6 Library: Demand in Square Footage = 114.72 Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = 0.43 Drainage: Demand in CFS = 36.51 Leucadia Identify Drainage Basin = PLDA D Circulation: Demand in ADT = 464 Fire: Served by Fire Station No. = 2 & 6 Open Space: Acreage Provided = N/A Schools: (Student Generation: Elementary = 23.8; Middle = 19.14; High = 19.14) Sewer: Demands in EDU Leucadia Water: Demand in GPD = 12,760 The project is 0.02 dwelling units below the Growth Management Dwelling unit qllowance. Encinitas Union Elementarv/San Diemito Union Hi& DISCLOSURE STATEMENT ~ Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Bill Hofman Title President Title Address Address 5900 Pasteur Court, Suite 150 CorpFart Hofman Planning Associates Carlsbad. CA 92008 2. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned coruoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Kwan So Title President Title Address Address 2683 Costabelle Drive CorpPart Calso. LLC. La Jolla. CA 92037 1635 Faraday Avenue 0 Carlsbad, CA 92008-7314 0 (760) 602-4600 FAX (760) 602-8559 3. NON-PROFIT ORGANIZATION OR TRUST c If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfitfTrust Non ProfitfTrust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? 0 Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Bill Hofman Print or tyie name of owner Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 60 10 Hidden Valley Road Carlsbad, California 92009 California Department of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego, California 92 123 (760) 43 1-9440 (858) 467-4201 FAX (760) 431-5902 + 9618 FAX (858) 467-4299 In Reply Refer To: FWS-SDG-3859.1 Ms. Saima Qureshy, Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Mitigated Negative Declaration for the La Costa Condominium Project, City of Carlsbad, San Diego County, California (SCH# 2003 12 1 139) Dear Ms. Qureshy: The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game (Department), collectively referred to as the Wildlife Agencies, have reviewed the draft Mitigated Negative Declaration (MND), dated December 23,2003, for the above-referenced project in the City of Carlsbad (City), California. The City issued a cover letter with the MND that states the public review period is from December 23,2003 to January 23,2004. The Wildlife Agencies have identified concerns regarding the potential effects of this project on wildlife and regional conservation planning. The comments provided herein are based on the information provided in the MND and related documentation; the Wildlife Agencies’ knowledge of sensitive and declining vegetation communities in San Diego County; and our participation in regional conservation planning efforts. The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Federal Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 15381, respectively. The Department is responsible for the conservation, protection, and management of the state’s biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and administers the Natural Community Conservation Planning Program (NCCP). The City is currently participating in the NCCP program through the preparation of a draft Multiple Habitat Conservation Program (MHCP) Habitat Management Plan. Ms. Saima Qureshy (FWS-SDG-3859.1) 2 The 8.18-acre project site is located on the south side of La Costa Avenue between El Camino Real and Castilla Way, and is surrounded mainly by residential land uses, with patches of undeveloped land to the east and southwest. The project proposes a 58-unit condominium complex. Vegetation communities on site include coastal sage scrub/mixed chaparral (1.1 acres; CSS), annual grasslandlandscaped (0.6 acre), landscaped land (2.7 acres), and disturbed land (3.6 acres). Protocol-level gnatcatcher surveys, conducted by Affinis in July 2002, were negative. According to the MND, the proposed project will directly impact 0.3 acre of CSS, 0.6 acre of annual grasslandhndscaped, 0.5 acre of landscaped land, and 3.6 acres of disturbed land. Impacts to CSS are proposed to be mitigated through the acquisition of 0.3 acre of mitigation credit in a pre-approved mitigation area or mitigation bank. The Wildlife Agencies offer the following recommendations and comments to assist the City in minimizing and mitigating project impacts to biological resources and to assure that the project is consistent with ongoing regional habitat conservation. 1. The MND states that the proposed project will directly impact 0.3 acre of CSS and assumes the remaining 0.8 acre of CSS on site is impact neutral. The proposed project will cause significant indirect physical changes to that remnant patch by fUrther isolating the already tenuous connection between the CSS on site and larger block of habitat to the west. Additionally, small, edge effected patches of this habitat type would be expected to eventually lose long-term value. The issue of indirect effects is addressed in Section 15064 in the CEQA Guidelines which states: "In evaluating the significance of the environmental effect of a project, the lead agency shall consider direct physical changes in the environment which may be caused by the project and reasonably foreseeable indirect physical changes in the environment which may be caused by the project." In light of the preceding information, the Wildlife Agencies recommend that City consider the significance of the indirect impacts to the remnant patch of CSS habitat, and propose mitigation pursuant to CEQA consistent with that decision. 2. The final MND should discuss how impacts to annual grassland will be mitigated. During a January 21,2004 phone conversation with Nancy Frost (Department), you confirmed that the City will require the applicant to mitigate impacts to annual grassland through the payment of an in lieu fee, a mitigation option that becomes effective following final approval of the City's Habitat Management Plan, or acquisition of annual grassland at a mitigation bank at a 0.5: 1 ratio. 3. The breeding season for nesting birds occurs approximately February 15 through August 3 1 ; however, raptors may begin breeding as early as January. Several bird species may nest in the habitat on site. If construction is planned during the bird breeding season, we recommend that the vegetation be cleared prior to the breeding season. Additionally, if construction occurs during raptor breeding season (approximately February 1 to August TAKE PRIDE^^^ j 1NAMERlCAv I ‘ 2; /23/2004 15: 45 FAX 760431,5902 *> US FISH AND WILDLIFE El 002 Ms. Saima Qureshy (FWS-SDG-3859.1) 3 30, or July 31 for Buteo spp.), a qualified biologist should conduct a pre-construction survey of the project site and surrounding habitat to determine whether there are active raptor nests within that area. If an active nest is observed, we recommend that a buffer be established between the construction activities and the nest so that nesting activities are not interrupted. The buffer should be a minimum c-f 500 feet and should be in effect as long as construction is occurring and until the nest IS no longer active. Please contact Kurt Roblek of the Service at (760) 43 1-944.0, or Nancy Frost of the Department at (858) 637-5511, if you have any questions or comments concerning this letter. % Therese O’Rourkg Assistant Field Supervisor U.S. Fish and Wildlife Service Sincerely, V William E. Tippets Deputy Regional Manager California Department of Fish and Game cc: State Clearinghouse - City of Carlsbad January 27,2004 Kurt Roblek U.S. Fish and Wildlife Service 60 10 Hidden Valley Road Carlsbad, CA 92009 SUBJECT: CT 02-28/ CP 02-13/ HDP 02-14 - La Costa Condominiums FWS-SDG-3859.1 This letter is in response to your comment letter to the City for La Costa Condominiums project, FWS-SDG-3859.1. Following are the responses to the three issues raised in your letter: 1. The following response regarding your comment on indirect impacts to CSS is received fkom the Project Biologist Marcia Gross of Affinis Environmental Services dated January 27, 2004. “The remnant coastal sagejchaparral habitat on-site is not contiguous with any habitat to the west due to the presence of existing residential development immediately west of the site. It is contiguous with habitat to the east, and will remain connected to that habitat after project implementation. This habitat is already subject to edge effects from existing residential development at the top of the bluff, as well as noise from traffic along La Costa Avenue. Because this small area of habitat is of relatively low biological value, it was not included in any proposed hardline conservation areas or proposed standards areas of the City’s Habitat Management Plan (HMP). Thus, the project would be consistent with the HMP, which was developed to protect sensitive biological resources while allowing for new development in accordance with the City’s General Plan and Growth Management Plan. Presently, the site is not fenced and is subject to edge effects associated with trespass by the public. Upon project completion, this would no longer be the case. The remaining 0.8 acre of habitat on-site would not be expected to experience significant additional indirect impacts due to the design of the project and the site’s topography. The habitat is on a steep slope above the grade of the project and would be separated from the developed area by a concrete block wall averaging six feet in height. Thus, it would be very difficult for humans or pets to access, and would not receive any nuisance runoff from the development. None of the proposed residential units would be immediately adjacent to the habitat, which would minimize potential impacts from additional light and noise. For these reasons, no additional mitigation measures are expected to be necessary.” 2. The project is conditioned through Planning Commission Resolution No. 5555 to mitigate impacts to annual grassland. The standard condition regarding impacts to wildlife habitats or other land states “This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, which provide some benefits to @ 1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee becomes effective following final approval of the Habitat Management Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee. If the Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any an all approvals for this project shall become null and void.” 3. The following condition has been added to the project resolution No. 5555, in response to your letter: “If any construction activities including grading are to occur during February 15 to August 31, the applicant should clear the vegetation on-site prior to the bird breeding season. If construction is to occur during raptor breeding season of approximately February 1 to August 30, a qualified biologist should conduct a pre-construction survey of the subject site to determine if there are any active raptor nests on-site. If an active nest is observed, a buffer of 500 feet should be established between the construction activities and the nest and the buffer should remain in,effect until the construction is completed or until the nest is no longer active.” Please call me, at (760) 602-4619, if you have any questions or comments regarding this project. Sincerely, SAIMA QURESHY, AICP Associate Planner SQ:bd c: NancyFrost California Department of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego, CA 92123 VICINITY MAP MDDYT 02004 O'b Cnnsultonts. hc. -- ................................... ------- mMIm ....................................... -.WYP&IIRI ........................... 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