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2017-03-14; City Council; ;
17J( CA Review -'~---- ~ CITY COUNCIL V Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: March 14, 2017 Mayor and City Council Kevin Crawford, City Manage ~LV Teri Delcamp, Principal Planner teri.delcamp@carlsbadca.gov or 760-602-4611 Certification of an Environmental Impact Report and approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and Habitat Management Plan Permit for the Poinsettia 61 project located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21, and approval of a related Settlement and Community Benefit Agreement. Poinsettia 61 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14- 15/CDP 14-34/HDP 14-07 /HMP 14-04 Recommended Action That the City Council hold a public hearing and introduce an Ordinance approving Zone Change ZC 14-04 and adopt a Resolution to certify the Environmental Impact Report EIR 15-03 and Errata, including the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, adopt a resolution to approve General Plan Amendment 14-06, Local Coastal Program Amendment LCPA 14-06, Vesting Tentative Tract Map 14-10, Planned Development Permit 14- 12, Site Development Plan 14-15, Coastal Development Permit 14-34, Hillside Development Permit 14-07 and Habitat Management Plan Permit 14-04 for the development of a 50 .8 acre site for a 123-unit single family detached condominium project and construction of the last remaining section of Poinsettia Lane ("Reach E") located within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21, and adopt a Resolution to approve a Settlement and Community Benefit Agreement. Executive Summary Lennar Homes of California has submitted an application for the development of a 123-unit residential subdivision on 50.8 acres of land generally located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane. The project involves an adjacent off-site 10 acre habitat mitigation site. The existing R-4 Residential and Open Space General Plan Land Use designations of the project site and 10 acre mitigation site are proposed to be changed to R-8 Residential and Open Space to accommodate the clustered development with maximum open space preservation. The zoning and coastal land use Item #5 March 14, 2017 Page 1 of 334 designations would also change accordingly. An environmental impact report has been prepared which analyzes the potential impacts to the environment which may be caused by the development of the site. The environmental analysis identified that there are no significant unmitigable environmental impacts. The area of the project that is proposed for residential development is approximately 20 acres, located within the previously disturbed agricultural area in the north portion of the project site. Four different floor plans are proposed for the detached single family condominium homes, ranging in size from 1,745 square feet to 2,718 square feet. Spanish, Craftsman and Tuscan style architecture are proposed for the exteriors. The project includes construction of the last remaining segment of Poinsettia Lane and will require a bridge at the eastern portion to span a canyon over an existing habitat wildlife corridor. The southern portion of the project site, comprising approximately 25 acres, would not be developed and would remain as open space. The project's proposed residential density is 6.1 dwelling units per acre, consistent with the proposed land use and zoning for that portion of the site. The open space areas will be added to the HMP Preserve. The project proposes to mitigate all habitat impacts in the project's open space as well as off-site locations, including the adjacent 10-acre mitigation site, Veteran's Park and Aviara Park. The Planning Commission recommended approval of the project to the City Council (7-0-0). Discussion Project Application(s) Administrative Planning City Approval Commission Council EIR 15-03 RA X GPA 14-06 RA X zc 14-04 RA X LCPA 14-06 RA ,/ CT 14-10 RA X PUD 14-12 RA X SDP 14-15 RA X CDP 14-34 RA X HDP 14-07 RA X HMP 14-04 RA X RA = Recommended Approval X = Final City decision-making authority ,/ = Requires Coastal Commission approval At the February 1, 2017, Planning Commission hearing, staff presented the project, the applicant made a presentation, and 14 persons spoke before the Commission. Speakers addressed the Planning Commission both in favor and against the project. The main focus of discussion was on traffic impacts from the extension of Poinsettia Lane on nearby existing residents within the Viadana neighborhood. Staff responded that traffic impacts from the extension of Poinsettia Lane are not caused by the project itself. Staff stated they will recommend that the City Council include traffic safety improvements at the intersections of Poinsettia Lane with Skimmer and Item #5 March 14, 2017 Page 2 of 334 Oriole Courts and with Cassia Road in the Capital Improvement Program (CIP) to be completed before the road opens. Staff also committed to working with the Viadana neighborhood through the Carlsbad Residential Traffic Management program on traffic calming solutions to discourage pass-through traffic in their neighborhood. After voting to recommend approval of the project, the Planning Commission approved (7-0-0) a separate motion encouraging the City Council to include in the CIP the above traffic safety improvements at the intersections to primarily benefit pedestrians, and encouraging the Transportation Engineering & Construction Division to take a proactive role in collecting traffic data and in outreach to the Viadana HOA regarding traffic calming measures to be implemented concurrently with the completion of Poinsettia Lane . A related Settlement and Community Benefit Agreement (Agreement) is also being recommended for approval. The Agreement is part of a solution to settle a lawsuit entitled North County Advocates v. City of Carlsbad in a manner which benefits the residents of Carlsbad. The lawsuit challenges the City's certification of the General Plan EIR and approval of the General Plan Update and Climate Action Plan in 2015 . The Agreement is between the city and North County Advocates, and third parties including Lennar Homes of California, Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir. All parties to the Agreement have reviewed it and concur in concept with the terms. The terms of the Agreement include retention and development of the Buena Vista Reservoir site as a new public park and support for the Poinsettia 61 Project including the construction of Reach E of Poinsettia Lane and a bridge along the eastern portion of Poinsettia Lane that will preserve the maximum corridor width practicable for a wildlife habitat corridor. Per the Agreement, Lennar Homes will build Reach E of Poinsettia Lane and the bridge, and will construct the park at the Buena Vista Reservoir site . In return, Lennar Homes will be able to utilize specified acreages at Veterans Park and Aviara Park for part of the habitat migration required for the Poinsettia 61 project. The resolution and Agreement are included as Exhibit 3. Fiscal Analysis All required improvements needed to serve this project would be funded and/or constructed by the developer. The Facility Financing section of Zone 21 Local Facilities Management Plan (LFMP 21) provides a list of the public facilities necessary to serve development within Zone 21. Next Steps The City Council's next action would be the second reading ofthe ordinance if adopted. Environmental Evaluation (CEQA) An Environmental Impact Report (EIR 15-03 -State Clearing House No. 2016031006) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project including ultimate buildout of the entire project. On October 31, 2016, the Draft EIR was published and the City notified interested Responsible and Trustee Agencies, as well as other interested agencies. The "Notice of Completion" (NOC) commenced Item #5 March 14, 2017 Page 3 of 334 an initial 45-day public review and comment period expiring on December 15, 2016. The NOC advised that the Draft EIR was available for review at four locations: the City of Carlsbad Planning Division; the City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Public Library. Complete copies were also available for purchase, with the Appendices, through the Planning Division. The Draft EIR was also posted on the city website. Nine comment letters were received prior to the close of the public review period. Responses to the comment letters are contained in the Final EIR, and were sent to each commenting individual, organization or agency. The response transmittal letter also provided notice of availability of the Final EIR. The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance. The Final EIR includes a Mitigation Monitoring and Reporting Program (MMRP). The CEQA Findings of Fact and the MMRP are attached to Planning Commission Resolution No. 7224 for the EIR. The EIR also includes the required Habitat Management Plan consistency findings, which have been approved by the California Department of Fish and Wildlife and the US Fish and Wildlife Service, subject to minor modifications. These minor modifications do not require recirculation of the EIR, and are addressed in an Errata to the Final EIR which is included with the City Council resolution in Exhibit 2. Climate Action Plan (CAP) Consistency A comprehensive Greenhouse Gas (GHG} analysis was included as part of the Poinsettia 61 EIR 15-03. Proposed project features were analyzed in the EIR and found to be consistent with the CAP. The features are required to be implemented in the construction of the project as conditioned in Planning Commission Resolution No. 7224. Public Notification Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. Exhibits 1. City Council Ordinance 2. City Council Resolution 3. City Council Resolution 4. Location Map 5. Planning Commission Resolutions No. 7224, 7225, and 7226 6. Planning Commission Staff Report, dated February 1, 2017 (without resolutions) 7. Project Correspondence 8. Final EIR for the Poinsettia 61, dated January 2017 (previously distributed; copy on file in the Planning Division) Item #5 March 14, 2017 Page 4 of 334 ORDINANCE NO. CS-316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING MAP (ZC 14-04) TO ALLOW A ZONE CHANGE FROM ONE FAMILY RESIDENTIAL (R-1) AND OPEN SPACE TO RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE AND TO ADJUST BOUNDARIES OF OPEN SPACE FOR A 50.8-ACRE SITE AND 10-ACRE MITIGATION SITE LOCATED SOUTH OF CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND EASTERN SEGMENTS OF POINSETTIA LANE, AND EAST OF AMBROSIA LANE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: CASE NO.: POINSETTIA 61 zc 14-04 WHEREAS, Lennar Homes of California, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, "Owner," described as a Portion of the Southwest Quarter of the Southwest Quarter of Section 23 and a Portion of the Northwest Quarter of the Northwest Quarter of Section 26, both of Township 12 South, Range 4 West, San Bernardino Base. and Meridian, in the County of San Diego, State of California, according to Unites States Government Survey thereof ("the Property"); and WHEREAS, said verified application constitutes a request for a Zone Change as shown on Exhibit "ZC 14-04"-POINSETTIA 61 dated February 1, 2017, attached hereto and made a part hereof; and WHEREAS, the City Council did, on the 14th day of March, 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 City Council considered all factors relating to the "ZC 14- 04-POINSETTIA 61." NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Carlsbad, California, does ordain as follows: 1. The above recitations are true and correct. Item #5 March 14, 2017 Page 5 of 334 NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Carlsbad, California, does ordain as follows: 1. The above recitations are true and correct. 2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map, are amended as shown on the map marked "ZC 14-04-POINSETTIA 61" dated February 1, 2017, attached hereto and made a part hereof. 3. That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7225 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 14-06 is approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a Regular Meeting ofthe Carlsbad City Council on the __ _ day of , 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Item #5 March 14, 2017 Page 6 of 334 Exhibit "ZC 14-04" February 1, 2017 zc 14-04 Poinsettia 61 !OS, RD-M OS p.:.c OS R-1 ---1 OS ___ ~:'-- OS EXISTING OS OS RD-M .._ ____ .... _ - - - - -m:------ PROPOSED Related Case File No(s): EIR 15-03/GPA 14-06/LCPA 14-06/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 Zoning Designation Changes Property From: To: A 215-020-07 R-1 RD-M/OS B. 215-050-21 R-1/0S RD-M/OS C. 215-050-22 R-1/0S OS D. 215-050-44 R-1/0S OS E. 215-050-47 R-1/0S OS F. 215-050-45 R-1/0S OS (Offsite Mitigation) E. 215-050-46 R-1/0S OS (Offsite Mitigation) Item #5 March 14, 2017 Page 7 of 334 RESOLUTION NO. 2017-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFIYING AN ENVIRONMENTAL IMPACT REPORT EIR 15-0l AND ERRATA, ADOPTING THE CANDIDATE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT GPA 14-06 TO AMEND THE LAND USE AND COMMUNITY DESIGN ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN FROM R-4 RESIDENTIAL AND OPEN SPACE TO R-8 RESIDENTIAL AND OPEN SPACE AND TO ADJUST BOUNDARIES OF OPEN SPACE, LOCAL COASTAL PROGRAM AMENDMENT 14-06, VESTING TENTATIVE TRACT MAP 14-10, PLANNED DEVELOPMENT PERMIT 14-12, SITE DEVELOPMENT PLAN 14-15, COASTAL DEVELOPMENT PERMIT 14-34, HILLSIDE DEVELOPMENT PERMIT 14-07, AND HABITAT MANAGEMENT PLAN PERMIT 14-04 FOR THE DEVELOPMENT OF A 50.8 ACRE SITE FOR A 123-UNIT SINGLE FAMILY DETACHED CONDOMINIUM PROJECT AND CONSTRUCTION OF THE LAST REMAINING SECTION OF POINSETTIA LANE ("REACH E"), ALL LOCATED SOUTH OF CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND EASTERN SEGMENTS OF POINSETTIA LANE, AND EAST OF AMBROSIA LANE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: CASE NO.: POINSETTIA 61 EIR 15-03/GPA 14-06/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 WHEREAS, Lennar Homes of California, Inc., ("Applicant"), has applied for approval of the Poinsettia 61 project ("Project") on approximately 50.8 acres located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane within the Mello II Segment of the Local Coastal Program and located within the southwest quadrant of the city within Local Facilities Management Zone 21; and WHEREAS, the Project includes, among other things, a request for approval of General Plan Amendment GPA 14-06 and Local Coastal Program Amendment 14-06; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq., and its implementing regulations, 14 California Code of Regulations I Section 15000, et seq. ("CEQA Guidelines"), the City of Carlsbad ("City") as lead agency prepared a Draft Environmental Impact Report ("Draft EIR") for the Project and circulated the Draft EIR for public review and comment as required by law; and Item #5 March 14, 2017 Page 8 of 334 WHEREAS, the City received and responded to public comments on the Draft EIR and determined that the comments did not raise any significant environmental issues not already addressed in the Draft EIR; and WHEREAS, the City has prepared a Final Environmental Impact Report ("Final EIR"), which includes the Draft EIR, technical appendices, public comments and the responses to public comments on the Draft EIR, and all other information required by CEQA Guidelines section 15132, which has been filed with the City Clerk; and WHEREAS, pursuant to CEQA, the City has prepared a Mitigation Monitoring and Reporting Program, which has been filed with the City Clerk; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on February 1, 2017, hold a duly noticed public hearing as prescribed by law to consider the Environmental Impact Report EIR 15-03, General Plan Amendment 14-06, Local Coastal Program Amendment 14-06, Vesting Tentative Tract Map 14-10, Planned Development Permit 14-12, Site Development Plan 14-15, Coastal Development Permit 14-34, Hillside Development Permit 14-07, and Habitat Management Plan Permit 14-04, and adopting Planning Commission Resolution Nos. 7224, 7225 and 7226 recommending to the City Council to certify the EIR 15-03 and approve GPA 14-06, LCPA 14-06, CT 14-10, PUD 14-12, SOP 14-15, CDP 14-34, HOP 14-07 and HMP 14-04; and WHEREAS, the City made minor revisions to EIR 15-03 to address HMP Consistency Finding comments from the Wildlife Agencies, determined that the revisions did not raise any significant environmental issues not already addressed in the EIR, and prepared an Errata to EIR 15-03, attached hereto as Exhibit "EIR 15-03 Errata"; and WHEREAS, pursuant to the provisions ofthe Municipal Code, the City Council did, on February 28 and March 14, 2017, hold a duly noticed public hearing as prescribed by law to consider the Environmental Impact Report EIR 15-03 and Errata, General Plan Amendment 14-06, Local Coastal Program Amendment 14-06, Vesting Tentative Tract Map 14-10, Planned Development Permit 14-12, Site Development Plan 14-15, Coastal Development Permit 14-34, Hillside Development Permit 14-07, and Habitat Management Plan Permit 14-04; and WHEREAS, at said public hearing, all materials with regard to the Project were made available to the City Council for its review and consideration and the City Council heard and considered the testimony and materials presented by all persons desiring to be heard, and considered all factors Item #5 March 14, 2017 Page 9 of 334 relating to the Environmental Impact Report and Errata, General Plan Amendment, Local Coastal Program Amendment, Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Environmental Impact Report and Errata, General Plan Amendment, Local Coastal Program Amendment, Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The City Council finds and determines that the applicable provisions of CEQA and the CEQA Guidelines have been duly observed in conjunction with the Project and said hearings and the consideration of this matter and all of the previous proceedings related thereto. 3. The City Council finds and determines that (a) the Final Environmental Impact Report 15-03 and Errata is complete and adequate in scope and has been completed in compliance with CEQA and the CEQA Guidelines for implementation thereof, (b) the Final Environmental Impact Report 15-03 and Errata was presented to the City Council and the City Council has fully reviewed and considered the information in Final Environmental Impact Report 15-03 and Errata prior to approving the Project, (c) the Final Environmental Impact Report 15-03 and Errata reflects the City Council's independent judgment and analysis, and, therefore, Final Environmental Impact Report 15-03 and Errata is hereby declared to be certified in relation to the subject of this Resolution. 4. The City Council finds and determines that the Project is approved despite the existence of certain significant environmental effects identified in Final Environmental Impact Report 15-03 and Errata and, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that changes or alterations have been required in, or incorporated into, the project which would mitigate, avoid, or substantially lessen to below a level of significance the potential significant effects identified in the EIR and Errata, the City Council hereby makes and adopts the findings with respect to each significant environmental effect as set forth in the Findings of Fact, which is contained within Planning Commission Resolution No. 7224 and is made a part hereof by this reference, as modified by the Errata, and declares that it considered the evidence described in connection with each such finding. 5. With respect to the significant environmental effects identified in Final Environmental Impact Report 15-03 and Errata and pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section 15091(d), the City Council hereby adopts and approves the Mitigation Monitoring and Reporting Program, which is contained within Planning Commission Resolution No. 7224 and is Item #5 March 14, 2017 Page 10 of 334 made a part hereof by this reference, as modified by the Errata, and hereby makes and adopts the provisions of the Mitigation Monitoring and Reporting Program as conditions of approval for the Project. 6. Pursuant to Public Resources Code Section 21152 and CEQA Guidelines Section 15094, the City Clerk shall cause a Notice of Determination to be filed with the Clerk of the County of San Diego. Unless the Project is declared exempt herein and a Certificate of Filing Fee Exemption is on file, the Project is not operative, vested or final until the filing fees required pursuant to Fish and Game Code Section 711.4 are paid to the Clerk of the County of San Diego. 7. Pursuant to Public Resources Code Section 21081.6{a)(2) and CEQA Guidelines Section 15091{e), the location and custodian of the documents and other materials which constitute the record of proceedings on which this Resolution is based is the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California. 8. The City Council finds and determines that the recommendations of the Planning Commission for the approval of the General Plan Amendment 14-06, Local Coastal Program Amendment 14-06, Vesting Tentative Tract Map 14-10, Planned Development Permit 14-12, Site Development Plan 14-15, Coastal Development Permit 14-34, Hillside Development Permit 14-07, and Habitat Management Plan Permit 14-04, are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution Nos. 7225 and 7226, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 9. This action regarding EIR 15-03 and Errata, GPA 14-06, LCPA 14-06, CT 14-10, PUD 14- 12, SDP 14-15, CDP 14-34, HDP 14-07 and HMP 14-04 is final on the date this resolution is adopted by the City Council. 10. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply. The parties are hereby informed that the time within which judicial review of this resolution must be sought is governed by Section 21167 of the Public Resources Code with respect to certification of Final Environmental Impact Report 15-03 and Errata and by Section 1094.6 of the Code of Civil Procedure with respect to General Plan Amendment 14-06, Local Coastal Program Amendment 14-06, Vesting Tentative Tract Map 14-10, Planned Development Permit 14-12, Site Development Plan 14-15, Coastal Development Permit 14-34, Hillside Development Permit 14-07, and Habitat Management Plan Permit 14-04. 11. That the approval of GPA 14-06 as shown on Exhibit "GPA 14-06 -Poinsettia 61" dated February 1, 2017, attached hereto and made a part hereof, shall not be effective until LCPA 14-06 is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 12. That the approval of LCPA 14-06 as shown on Exhibit "LCPA 14-06-Poinsettia 61" dated February 1, 2017, attached hereto and made a part hereof, shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. Item #5 March 14, 2017 Page 11 of 334 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of March, 2017, by the following vote, to wit: AYES: M. Hall, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: K. Blackburn. (SEAL) Item #5 March 14, 2017 Page 12 of 334 I. Introduction "EIR 15-03 Errata" Poinsettia 61 Project EIR SCH#: 2016031006 The following are revisions to the Final Environmental Impact Report (FEIR) for the Poinsettia 61 (Poinsettia). Revisions are shown in strikeout and underline text. The revisions clarify the biological mitigation measure BR-6 and update the HMP Consistency Findings as proposed in the FEIR. The modifications to the FEIR do not change the significance of any of the environmental issue conclusions within the FEIR nor result in substantial increase in the severity of any of the impacts identified in the Final EIR. II. EIR Revisions The text on EIR pages 5.4-53 through 5.4-66 has been modified as follows: BR-6 Pursuant to the HMP, a mitigation ratio of 3:1 shall be applied to permanent impacts to 6.3 acres of southern maritime chaparral. Mitigation is required in the form of habitat restoration as well as preservation. Habitat restoration must achieve no-net- loss per special-status vegetation community/habitat type ( at least 1: 1 restoration to impact ratio regardless of the total mitigation ratio). Habitat restoration (i.e., creation and substantial restoration) totaling 6.3 acres and habitat preservation totaling 12.6 acres (or equivalent) shall be evaluated and designed through preparation of a Restoration Plan to be reviewed and approved by the City Planner, in consultation with the USFWS, CDFW, and the CCC. The Restoration Plan shall also demonstrate a minimum 5.1-acre addition in the HMP Preserve area (which may co-occur with habitat restoration areas). Additions of greater than 5.1 acres of HMP Preserve may be credited towards the habitat preservation requirement. The project applicant will submit final habitat restoration plans to the City and/or Agencies for review at least 30 days prior to initiating project impacts. The Restoration Plan shall be prepared and implemented consistent with MHCP Volume II, Appendix C (Revegetation Guidelines, pages C-1 to C-2), and Volume Ill; HMP pp. F-8 to F-11; and Open Space Management Plan Section 3.1.5. The Restoration Plan shall, at a minimum, include an evaluation of restoration suitability specific to proposed habitat types, soil and plant material salvage/translocation, planting and seeding lists, discussion of irrigation, maintenance and monitoring program, and success criteria. All areas shall be monitored for a minimum of 5 years to ensure establishment of intended plant communities. Due to the fact that the availability and acceptability of mitigation, including the type and amount of credit, may change between preparation of this EIR and final permit issuance for the proposed project (including review and approval by resource 1 Poinsettia 61 EIR Errata 3-1-2017 Item #5 March 14, 2017 Page 13 of 334 agencies), a number of mitigation options (presented in Table 5.4-12) have been identified. Any combination of these mitigation options may ultimately be used to meet the mitigation requirements set forth in the Carlsbad HMP. Table 5.4-12. Proposed Mitigation Options for Vegetation Community Impacts Potential HMP Potential SMC Preserve Potential SMC Creation/ Preservation (No-Net-Loss) Mitigation Site1 Substantial Restoration Credit Credit Credit On site • 2,;1-M acres creation • 1 J.8 aeFes (Ret • None • 1.0 acre substantial restoration (existing FeeegRized by disturbance) GGG) • 0.7 acre substantial restoration (historical disturbance) • 3.1 acres TOTAL Off-site Kevane • 0.6 acres creation • .\Ji3-te 5 .4 • 2.5 acres • 1.2 acres substantial restoration (existing acres (not disturbance) recognized by • 0.4 acre substantial restoration (historical CCC) disturbance) • 2.2 acres TOTAL Veterans Park • J.1 aeFes GSS GFeatieR (FRay Ret be • -Nooe3.1 acres • 3.1 acres .(rrQ! FeeegRized by USFWS/GDFW) css recognized by • J.1 aeFes GSS s1;1bstaRtial FesteFatieR iR restoration USFWS/CDF e*istiRg l=lMP PFeseF>.<e (FRay Ret be and/or 'f:!J. FeeegAized by usi;:1,11.is,1GDf;\,tV) ~rvation .(rrQ! recognized by USFWS/CDF 'f:!J. Aviara Park • 2.0 acres substantial restoration • 3.5 acres • 5.5 acres • 2.1 aeFes et FesteFatieR e1;1tside l=lMP preservation PF9S9P.<e (9FR8FR9Rtal slel<)e) (may R9t be FeeegRized by USP:l,llJStGDf;\,11.1) Rieter Parcel • 1.5 acres creation/substantial restoration • 8.7 acres • 2.5 acres preservation Viadana/ • 2.0 acres creation/substantial restoration • 9.4 acres • None Pavoreal HOA preservation Carlsbad Oaks • None • 24 acres • None Conservation Bank preservation Other Restoration in City-• Unknown • Unknown • None Owned HMP Preserve Other Private Property • Unknown • Unknown • Unknown Acquisition Source: Dudek 2017 (Appendix C of this EIR, Table 11) Note: Potential mitigation sites are shown in Figure 5.4-7. On-site Mitigation A Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report) describes the following three categories of restoration/mitigation (see Figure 5.4-8): • Habitat establishment (i.e., creation) within existing disturbed lands. These areas are locations within the open space area that are currently composed of either disturbed habitat, agriculture land, ornamental areas, eucalyptus woodland, or ruderal land, which can be converted to native habitat through minor grading and the specified restoration efforts. 2 Poinsettia 61 EIR Errata 3-1-2017 Item #5 March 14, 2017 Page 14 of 334 • Habitat restoration within existing habitat areas, that have low native cover either from previous disturbances, or insufficient natural re- establishment aff.er the 2014 Poinsettia Fire. These areas are located within the open space area, not including areas within existing utility or road easements, where there was severe damage from the 2014 Poinsettia Fire and where minimal native vegetation re-establishment is occurring, and/or where previous site disturbances have reduced native cover, or has opened up the areas to non-native weed and exotic species invasion. Within these areas, restoration is possible through the removal of trash and debris, eradication of weeds and non-native/exotic species and through supplemental planting of native shrub and understory plants, coupled with seeding with appropriate native species to help restore these areas to sustainable native habitat. • Substantial restoration within previously disturbed habitat areas, homeless encampments, trash and debris areas, and previous trails to be abandoned. These areas are located within the open space area, not including areas within existing utility or road easements, where previous disturbance from homeless encampments and damage from significant trash and debris piles is expected to limit the re-establishment of native vegetation following the 2014 Poinsettia Fire. Current assessments are inconclusive regarding the degree to which these areas will passively re-establish with native habitat. • Within these areas, substantial restoration is possible through the conversion of these areas to more pristine native habitat through the planting of native trees, shrub and understory plants, coupled with seeding with appropriate native species to help restore these areas to sustainable native habitat. For purposes of Table 5.4-12 and as documented in the Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report), it is assumed the 100 percent creation credit is recognized for habitat establishment within existing disturbed lands; the percent creation/substantial restoration credit for habitat restoration within areas of low native cover is based on the actual area of bare ground/invasive species; and an additional 25 percent of the historically disturbed lands would qualify for creation/substantial restoration credit. The second and third categories may alternatively be recognized as preservation credit. Also, as dooumented in the Conoeptual Restoration Plan, a portion of the onsite restoration plan inoludes southern maritime ohaparral live oak i.eJoodland and southern maritime ohaparral wetland transition areas, as appropriate areas on site. It is assumed that these areas be oredited to the southern maritime ohaparral 1: 1 no net loss restoration requirement on the basis that these oommunities integrate with southern maritime ohaparral on site and oontribute to the overall eoologioal funotion of southern maritime ohaparral. Off-site Kevane Parcels The Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report) also includes proposed restoration of two off-site Kevane parcels (APNs 215-050-45 and -46) (see Figure 5.4-9), using the same restoration treatments and mitigation credits as discussed above for on-site open space. These two off-site 3 Poinsettia 61 EIR Errata 3-1-2017 Item #5 March 14, 2017 Page 15 of 334 parcels support 2.2 acres of southern maritime chaparral creation and substantial restoration potential. An additional 2.5 acres of southern maritime chaparral would be available as HMP Preserve credit, recognized by all agencies including the CCC on the basis of the parcel having 2.5 acres of development potential that would be retired through preservation of the property. The remaining 5.4 acres may support additional preservation credit recognized by the City, USFWS, and CDFW; this area consists of 1.3 acres within an SDG&E easement (consisting of 0.7 acre coast live oak woodland, 0.3 acre southern maritime chaparral, and 0.3 acre disturbed land), 0.2 acre of coyote brush scrub, 2.0 acres of coast live oak woodland, and 1.9 acres of southern maritime chaparral. The property would be incorporated into the on-site restoration program and conserved in a manner consistent with the on-site open space including the requirements stated above regarding an approved Restoration Plan. Veterans Park A total 3.1 acres of land may be added to the HMP Preserve at Veterans Park (see Figure 5.4-10). The exact location has not been identified at this time because the City is currently evaluating the site for park development. The site mostly supports coastal sage scrub and annually maintained nonnative grassland; disturbed areas within the final mitigation area would be restored with coastal sage scrub. There is some southern maritime chaparral in the vicinity but all of the open space directly adjacent to the mitigation area is occupied by coastal sage scrub. Given the coastal location of this habitat and the use of similar species that use southern maritime chaparral, this would be considered as mitigation for southern maritime chaparral impacts. For purposes of Table 5.4-12, it is assumed that some or all of the 3.1 acres are currently disturbed and would be restored to coastal sage scrub and therefore recognized as creation/substantial restoration and/or preservation mitigation credit. This area would add 3.1 acres of the HMP Preserve, therefore counting towards the HMP Preserve (no-net-loss) requirement. An additional 3.1 acres of land at Veterans Park, within the existing HMP Preserve, is also suitable for habitat creation/substantial restoration. The majority of the area is currently annual grassland and suitable for coastal sage scrub creation along the western edge of the HMP Preserve. Additional pockets of disturbed land occur in the central and eastern portion of the HMP Preserve between areas of existing coastal sage scrub and southern maritime chaparral. These areas may be restored and credited towards the habitat creation or preservation requirements of the project. It should be noted that USFWS and CDFW may will not accept these areas as mitigation for southern maritime chaparral impacts due to coastal sage scrub being a lower tier habitat. Aviara Community Park Aviara Community Park is located less than one mile northwest of the project and currently supports north-facing slopes and hillsides with southern maritime chaparral that is not within the HMP Preserve. As shown in Figure 5.4-11, a 5.5-acre area has been identified to be added to the HMP Preserve (thus contributing to the HMP 4 Poinsettia 61 EIR Errata 3-1-2017 Item #5 March 14, 2017 Page 16 of 334 Preserve [no-net-loss] requirement). This area consists of 2.0 acres of highly disturbed southern maritime chaparral (less than 20% native cover) and 3.5 acres of existing southern maritime chaparral that is either undisturbed or has limited areas of disturbance (greater than 80% native cover). An additional 2.1 acres of manufactured slope with existing ornamental vegetation is suitable for restoration 'Nith coastal sage scrub species, •.e.iould provide an enhanced buffer between the park and HMP Preserve, and therefore could be credited tov,•ards the preservation credit. This area would not be added to the HMP Preserve, as manufactured slopes are generally not included in the Preserve. It should be noted that USFVVS and CDFVV may not aooept these areas as mitigation due to the fast that they 'Nould not be added to the HMP Preserve. Reiter Parcel A 10.2-acre parcel south of the Poinsettia project is currently undeveloped and mapped as a Standards Area. If conserved and restored in a manner consistent with the on-site open space, this parcel is estimated to provide 1.5 acres of creation/substantial restoration credit, with the remaining 8. 7 acres of land credited as preservation (see Figure 5.4-12). Conservation of this entire parcel and retirement of development potential would expand the HMP Preserve by 2.5 acres. CCC may only credit the portion of the Reiter parcel that is not already required to be preserved per the HMP. Viadana/Pavoreal HOA These two Homeowner's Association-owned HMP Preserve open space areas total 20. 7 acres (see Figure 5.4-12) but are not under formal HMP Preserve management because their dedication pre-dates the HMP and no long-term management funding has been established. The property may be eligible for mitigation credit if the Applicant establishes an adequate Preserve Management Plan, including a conservation easement and non-wasting endowment, and restores disturbed areas within the 20.7-acre property. It is estimated that the properties support approximately 2.0 acres of disturbed areas that could be credited towards the habitat creation/substantial restoration requirement, with the remainder of the parcel being credited towards the habitat preservation requirement at a 0.5:1 ratio (i.e., 50% credit). Carlsbad Oaks Conservation Bank Approximately 24 acres of credit remain unallocated at the Carlsbad Oaks Conservation Bank. The bank is located north of Palomar Airport Road and east of El Camino Real and thus outside of the coastal zone, but does support a variety of habitat including southern maritime chaparral, southern mixed chaparral, coastal sage scrub, and oak woodlands. Credits may be used to satisfy the habitat preservation requirements, subject to agency approval. Other Restoration in City-Owned HMP Preserve Similar to habitat restoration proposed within the existing HMP Preserve at Veterans Park, additional City-owned HMP Preserve lands may be identified to provide additional mitigation credits towards the habitat creation/substantial restoration 5 Poinsettia 61 EIR Errata 3-1-2017 Item #5 March 14, 2017 Page 17 of 334 and/or habitat preservation requirements. Such restoration would be subject to the requirements of BR-6. Other Private Property Acquisition Similar to purchase and conservation of the Reiter Parcel, additional private property(ies) may be purchased and conserved consistent with the requirements of BR-6 and provide additional mitigation credits towards the habitat creation/ substantial restoration, habitat preservation, and/or HMP Preserve requirements. Prior to the issuance of a grading permit or clearing of any habitat, the project applicant shall take the following actions to the satisfaction of the Planning Director, CDFW, and USFWS in relation to the open space lot which is being conserved for natural habitat in conformance with the City's HMP: a. Prior to recordation of the approved final tract map, the applicant shall record a Conservation Easement, as defined by California Civil Code Section 815.1 or other protective measure over all on-site and off-site mitigation land. b. Provide proof that appropriate type and acreage of land or mitigation credits have been purchased at an approved mitigation bank or other site for off-site mitigation. c. Select a qualified conservation entity to manage the conserved land. d. Prepare a Property Analysis Record (PAR) to estimate costs of in perpetuity management and monitoring. e. Provide a non-wasting endowment based on the PAR to sufficiently cover the costs of in-perpetuity management and monitoring. f. Prepare a Preserve Management Plan, pursuant to the guidelines set forth in Section F(2) and Section F(3) of the Carlsbad HMP (November 2004) and the Guidelines for Preserve Management (July 2009). In addition, given the recent fire on the property, a Post-Fire Habitat Recovery Stewardship Plan shall be prepared and implemented to ensure the recovery of pre-existing native vegetation communities to the extent feasible. g. Finalize the restoration plans and specifications for the on-site and off-site mitigation areas. Ill. Biological Technical Report Revisions The Biological Technical Report (FEIR Appendix C) has been modified to update Figure 7, Open Space/Development Edge Condition, to remove encroachments other than the plantable wall within the 20' upland habitat buffer consistent with Section 7-11 of the City of Carlsbad Habitat Management Plan. (To the extent that the project plans show encroachments in the buffer, the project conditions of approval require a final site plan to be submitted to the city that is consistent with the project approval including the FEIR, which will address these modifications.) Appendix D of the Biological Technical Report, Final Conceptual Restoration Plan, has been modified to revise Figure 6, Restoration Treatment Map with Proposed Impacts, to reflect the revised text in Section 11 above to replace the proposed southern maritime chaparral-live oak 6 Poinsettia 61 EIR Errata 3-1-2017 Item #5 March 14, 2017 Page 18 of 334 woodland and southern maritime chaparral-wetland transition areas with restoration of coast live oak woodland and southern willow scrub (Attachment A). IV. HMP Consistency Findings Revisions Appendix E of the Biological Technical Report, Draft HMP Consistency Findings, has been modified to replace the Draft HMP Consistency Findings with the letter containing the Habitat Management Plan Consistency Findings for the Poinsettia 61 Project, City of Carlsbad, California, from the California Department of Fish and Wildlife and the United States Fish and Wildlife Service ("Wildlife Agencies"), dated February 24, 2017, and the City of Carlsbad's letter to the Wildlife Agencies dated January 12, 2017 (Attachments B and C). 7 Poinsettia 61 EIR Errata 3-1-2017 Item #5 March 14, 2017 Page 19 of 334 Exhibit "GPA 14-06" February 1, 2017 GPA 14-06 Poinsettia 61 ;osR-151 OS OS R-4 EXISTING .OSR-15 ! OS R-23 R-8 OS PROPOSED Related Case File No(s): EIR 15-03/ZC 14-04/LCPA 14-06/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 General Plan Land Use Designation Changes Property From: To: A. 215-020-07 R-4 R-8/0S B. 215-050-21 R-4/0S R-8/0S C. 215-050-22 R-4/0S OS D. 215-050-44 R-4/0S OS E. 215-050-47 R-4/0S OS F. 215-050-45 R-4/0S OS (Offsite Mitigation) E. 215-050-46 R-4/0S OS (Offsite Mitigation) Item #5 March 14, 2017 Page 20 of 334 Exhibit "LCPA 14-06" February 1, 2017 LCPA 14-06 (Land Use) Poinsettia 61 ;osR-1s\ OS R-23 OS R-4 11---------- EXISTING OSR-15 OS ©:Si R-8 PROPOSED Related Case File No(s): EIR 15-03/GPA 14-06/ZC 14-04/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 LCPA Land Use Designation Changes Property From: To: A. 215-020-07 R-4 R-8/0S B. 215-050-21 R-4/0S R-8/0S C. 215-050-22 R-4/0S OS D. 215-050-44 R-4/0S OS E. 215-050-47 R-4/0S OS F. 215-050-45 R-4/0S OS (Offsite Mitigation) E. 215-050-47 R-4/0S OS (Offsite Mitigation) Item #5 March 14, 2017 Page 21 of 334 C Project Boundary 0 0ffsiteKevanePa11:els Restoration Type ~ Establishment/Creation {100%) W Historically DisturbedfRestoration {25%) E] Substantial Restoration (30%-70%) C) Trash and Debris Piles Easements Restoration Habitat Treatments g Proposed Stenn Drain -SMC E3 SDG&E -SMC-LOW Transition -SMC-Wetland Transition r \/Vater Line Easement (To Be Abandoned -·:=J and Restored) SOURCE: Hunsaker2015: SANDAG, 2012 : Oday 2015 DUDEK CONCEPTUAL RESTORATION PLAN ATIACHMENTA Vegetation Communities CJAGR, Agriculture c::J CBS. Coyote Brush Scrub [:]DH, Disturbed Habitat c::J POS, Poison Oak Scrub DRUD, Ruderal CJ ~~i~~:~hern Maritime c:J EUC, Eucalyptus Woodland D SWS, Southern Willow Scrub D LOW, Coast Live Oak Woodland CJ t~~~~~~~ua~:ir:iouthern c::JORN, Ornamental FIGURE 5 Restoration Treatment Map with Proposed Impacts Poinsettia Item #5 March 14, 2017 Page 22 of 334 U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, California 92008 760-431-9440 FAX 760-431-9624 In Reply Refer To: FWS/CDFW-SDG-l 5B0268-17CP A0096 Mr. Don Neu Planning Director City of Carlsbad Community & Economic Development 1635 Faraday Avenue Carlsbad, California 92008-7314 Attention: Teri Delcamp, Senior Planner ATIACHMENTB California Department of Fish and Wildlife South Coast Region 3883 Ruffin Road San Diego, California 92123 858-467-4201 FAX 858-467-4299 February 24, 2017 Sent by Email Subject: Habitat Management Plan Consistency Findings for the Poinsettia 61 Project, City of Carlsbad, California Dear Mr. Neu: The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Wildlife (Department), hereafter collectively referred to as the Wildlife Agencies, have reviewed your January 12, 2017, letter, and February 9, 2017, email, requesting concurrence that the Poinsettia 61 Project (Project) in the City of Carlsbad (City) is consistent with the requirements and conservation standards of the City's Habitat Management Plan (HMP). Our review of the project is based upon: 1) the information provided in your letter and email; 2) the draft and final Environmental Impact Reports (EIR), dated October 2016 and January 2017, respectively; 3) a meeting with the Lennar Homes of California's (Applicant) consultant on April 15, 2015; 4) a site visit with the Applicant's consultant on April 28, 2015; 5) our knowledge of sensitive and declining vegetation communities throughout San Diego County; and 6) our participation in regional conservation planning efforts including the City's HMP. 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 (Act), as amended (16 U.S.C. 1531 et seq.), including habitat conservation plans (HCP) developed under section lO(a)(I) of the Act. 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 (NCCP) program. The City is participating in the Department's NCCP and the Service's HCP programs through the implementation of its HMP. Item #5 March 14, 2017 Page 23 of 334 Mr. Don Neu (FWS/CDFW-SDG-15B0268-l 7CPA0096) 2 The project site is located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, within the Coastal Zone, a Standards Area in Local Facilities Management Zone (LFMZ) 21, and the Core 6 Focused Planning Area. The Project is the construction of 123 single- family residential units, completion of Poinsettia Lane Reach E (bridge), and associated mitigation. The Project site supports native habitats including coyote brush scrub, coast live oak woodland, southern maritime chaparral, poison oak scrub, and southern willow scrub, as well as agricultural, disturbed, eucalyptus woodland, ornamental, and ruderal vegetation communities. The entire Project site burned during the May 2014 Poinsettia wildfire. Prior to the fire, special-status plant species observed on site included summer-holly (Comarostaphylis diversifolia), Nuttall's scrub oak (Quercus dumosa), and Torrey pine (Pinus torreyana). In addition, the federally listed endangered and HMP- narrow endemic Del Mar manzanita (Arctostaphylos glandulosa ssp. crassifolia) occurred on site as well as the federally threatened coastal California gnatcatcher (Polioptila californica californica; gnatcatcher). Post-fire surveys documented the summer-holly, Nuttall's scrub oak, and Del Mar manzanita as still occurring on site but not Torrey pine. Although protocol surveys were not conducted for gnatcatcher post-fire, the final Biological Technical Report (Dudek 2017) states that the species is likely utilizing the site. Lastly, a wildlife corridor runs along the eastern portion of the Project site. The following vegetation communities will be permanently impacted by the Project: southern maritime chaparral [6.3 acres (ac)], agricultural (14.7 ac), and disturbed (4.6 ac). Due to the Project site being located in the Coastal Zone, a Standards Area, a Core area, and Zone 21, there are numerous conservation goals and HMP requirements that the Project has had to meet, including parcel-specific requirements as identified on page D-119 of the HMP. These requirements have been summarized in the draft EIR, the final Biological Technical Report (Dudek 2017) and the City's January 12, 2017 letter, and are hereby incorporated by reference. Due to the complexity of the HMP requirements, the Wildlife Agencies coordinated closely with the Applicant's consultant, the California Coastal Commission (CCC) staff, and City staff to ensure the Project was consistent with the HMP. As summarized in the draft EIR, the Project combines the allowable development on Maldonado (APN 215-020-07), Namikas (APN 215-050-21), Sudduth (APN 215-050-22), and on- site Kevane (APNs 215-050-44 and 215-050-47). These parcels are specifically identified in Section 7-14 of the HMP as having parcel-specific habitat protection standards (p. D-118). The Project is in compliance with all HMP standards with the exception that residential development is not restricted to the "western half' of the Maldonado parcel. Because the Maldonado parcel is mostly comprised of agricultural land, the Wildlife Agencies support clustering development on this parcel in order to preserve more southern maritime chaparral on the Namikas, Sudduth, and the on-site Kevane parcels (i.e., the proposed Project is biologically superior to what was originally required under the HMP for these five parcels). By clustering development on Maldonado, the Applicant is able to preserve all 10.1 acres of the on-site Kevane parcels. In addition, the Applicant is purchasing the 10.1-acre off- site Kevane parcels (APNs 215-050-45 and 215-050-46) to satisfy HMP mitigation requirements. The Applicant will implement the following measures to ensure the proposed Project is consistent with the HMP: 1. Mitigate impacts to southern maritime chaparral at a 3: 1 ratio, including 1: 1 creation/substantial restoration to ensure no net loss of this sensitive habitat, by restoring 6.3 acres and preserving 12.6 acres of southern maritime chaparral habitat on-site and off-site at the City's Aviara Park, as well as preserving the 10.1-acre off-site Kevane parcel (Table 1 ); Item #5 March 14, 2017 Page 24 of 334 Mr. Don Neu (FWS/CDFW-SDG-15B0268-17CPA0096) 3 2. Substantially restore/preserve an additional 5 .1 acres of southern maritime chaparral habitat at Aviara Park (Table 1); 3. Preserve and manage 246 Del Mar manzanita individuals on-site; 4. Preserve an on-site wildlife movement corridor in a north/south direction that follows the natural topography of the canyon and is approximately 272-1,000 feet wide across the entire site and construct a minimum 272-foot long bridge to span the canyon versus a culvert/fill design; and 5. Establish a minimum 50-foot riparian buffer and a 20-foot upland buffer between development and the on-site preserve that is consistent with Section 7-11 of the HMP, with the exception of a plantable wall in the southeastern portion of the development north of Poinsettia Lane and 3 storm drain outlets. In addition, the Applicant has agreed to restore, preserve, and manage an additional 3 .1 acres of habitat at the City's Veteran's Park to satisfy Coastal Zone requirements. This will be done in close coordination with the CCC. Table 1. On-and off-site mitigation requirements for the Poinsettia 61 Project. SMC SMC Preservation HMP Preserve Mitigation Location Creation/Substantial Credit Credit Restoration On-site 3.1 1 Off-site Kevane 2.2 7.92 Aviara 2.03 3.5 5.5 Total 7.3 11.4 5.5 Required 6.3 12.6 5.1 Difference 1.04 -1.2 0.44 1 An additional 1.1 acres will be planted with appropriate native habitat, which may include SMC. If SMC successfully establishes, it may serve as mitigation credit as approved by the Wildlife Agencies. 2 HMP Preserve Requirement met at A viara. SMC Preservation credits needed; therefore, HMP Preserve credit counted as SMC Preservation. 3 Creation/substantial restoration must meet success criteria in order for excess to count toward SMC Preservation. 4 Excess will fulfill remaining SMC Preservation credits. The on-and off-site mitigation areas will be conserved with a conservation easement and managed in perpetuity by an entity approved by the City and the Wildlife Agencies. The City and the Wildlife Agencies will also approve the final creation/substantial restoration and long-term management plans. Approval of the final creation/substantial restoration plan will be coordinated with a site visit to determine where substantial restoration, as described in the final Conceptual Restoration Plan (Dudek 2016), included as Appendix Din the final Biological Technical Report (Dudek 2017), could occur on-site. In addition, a non-wasting endowment will be established for the long-term management of both the on-and off-site mitigation areas. Item #5 March 14, 2017 Page 25 of 334 Mr. Don Neu (FWS/CDFW-SDG-15B0268-17CPA0096) Based on the above, the Wildlife Agencies concur that the project is consistent with the HMP. We appreciate the City's efforts to ensure consistency with the HMP. If you have any questions regarding this letter, please contact Janet Stuckrath (Service) at 760-431-9440 , extension 270 or Christine Beck (Department) at 858-637-7188. for Karen A. Goebel Digitally signed by DAVID ZOUTENDYK Date: 2017.02 .24 12:39:34 -08'00' Assistant Field Supervisor U.S. Fish and Wildlife Service Sincerely, Gail K. Sevrens Environmental Program Manager California Department of Fish and Wildlife LITERATURE CITED Dudek. 2016 . Final Conceptual Restoration Plan for the Poinsettia Project. Prepared for Lennar. Published report included as an appendix in the Final Biological Technical Report for the Poinsettia Project. December 2016. 74 pp+ appendices. Dudek. 2017. Final Biological Technical Report Poinsettia, Carlsbad, California. Prepared for Lennar. Published report included in the F inal Environmental Impact Report for the Poinsettia 61 Project. January 2017. 112 pp+ appendices. 4 Item #5 March 14, 2017 Page 26 of 334 January 12, 2017 Christine Beck California Department of Fish and Wildlife 3883 Ruffin Road San Diego, CA 92123 Janet Stuckrath U.S. Fish and Wildlife Service Suite 250 2177 Salk Avenue Carlsbad, CA 92008 ATIACHMENTC {"City of Carlsbad RE: EIR 15-03 -POINSETTIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY {FWS/CDFG-SDG-1580268-16CPA0271) Dear Ms. Beck and Ms. Stuckrath: As you are aware, the applicant for development of the Poinsettia 61 Project (Project) (Lennar Homes of California) is requesting a Habitat Management Plan {HMP) Minor Amendment-Consistency Findings for the proposed project. The 50.80-acre project area occurs within a HMP Standards Area (Figures 1 and 2) . . The proposed Project would convert the site to a Hardline Area. The City of Carlsbad sent a Request for Determination of Equivalency (Request) to you on November 22, 2016. The City then received a combined comment letter from your agencies (Wildlife Agencies) and other interested parties on the Draft Environmental Impact Report (DEIR 15-03) that had been circulated for the project. We received a further combined letter from the Wildlife Agencies in response to the Request on December 22, 2016, requesting a time extension of 30 days from the date of receipt of a revised Biological Technical Report (BTR). The City and its EIR/biological consultants have worked to address the Wildlife Agencies' and other interested parties' comments on the DEIR. The City is transmitting in, and enclosed with, this letter revised HMP Consistency Findings and a revised BTR. The BTR has been provided in both a Microsoft Word version that compares the final BIR (January 2017) with the October 2016 version that was circulated as part of the DEIR, as well as a clean PDF version of the final BTR. The Consistency Findings contained in this fetter are also found in Appendix E of the BTR. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov Item #5 March 14, 2017 Page 27 of 334 EIR 15-03 -POINSETTIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 2 This request is intended to provide consistency and protection of all applicable habitat areas, and is allowed pursuant to Carlsbad Municipal Code Chapter 21.210.080{A) {2}, as follows: 21.210.080 Habitat management plan amendment Certain HMP implementation actions will require an amendment to the HMP as follows: 1. Minor Amendments. a. Consistency Findings. The conversion of standards areas to hardline preserve areas and the processing of certain city projects not shown as hardline preserve areas in the HMP are considered minor amendments to the HMP and can be approved by the city with consistency findings as follows: If the city planner determines that the new hardline preserve area boundary conforms to the standards contained in Section D.3{C) of the HMP, the planner shall consult with the wildlife agencies as part of the environmental review process for the development project. If objections to the new preserve area boundaries are not received during the public review period for the environmental review process from the wildlife agencies, consistency findings shall be prepared and adopted as part of the normal development permitting process for the project. 1 DISCUSSION The City of Carlsbad HMP (City of Carlsbad 2004} is a comprehensive, citywide conservation program whose purpose is to identify and preserve sensitive biological resources within the City while allowing for additional development consistent with the City's General Plan and Growth Management Plan. Specific biological objectives of the HMP are to conserve the full range of vegetation types remaining in the City, with a focus on protecting rare and special-status habitats and species. The HMP acts as a Subarea Plan to the overall MHCP that was approved and finalized in 2003 {SAN DAG 2003}. These Consistency Findings consist of references to four (4) separate sections of standards from the HMP that are applicable to the project based on its geographic location. The following sections provide an analysis of consistency for each standard. In many cases the analysis refers to the Biological Resource Technical Report (BTR) (Dudek 2016) for more details and figures. 2 CORE 6 DESCRIPTION The HMP describe the Core 6 Focused Planning Area (FPA) as follows (City of Carlsbad 2004): The Core 6 FPA, (approximately 1,134 acres), contains a critical stand of southern maritime chaparral and a major stand of grassland. It also has several vernal pools. The coastal sage scrub in this area supports approximately 12 gnatcatcher pairs. Additional habitats include chaparral, open water, disturbed wetland, oak woodland, eucalyptus woodland, and riparian forest. A critical population of Del Mar manzanita and a major population of . summer holly are associated with the southern maritime chaparral in this Core. Core 6 has linkages to Core 4 (Linkage Area F, see above), Core 5 (Linkage Area D, see above), Core 7 {Linkage Area E), and Core 8 (Linkage Area F). Item #5 March 14, 2017 Page 28 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 3 This section is presented for context. There are no development standards expressed in this section and therefore no consistency findings to be made. 3 ZONE 21 CONSERVATION GOALS The HMP conservation goals for Zone 21 are presented in Section D.3{C) of the HMP (City of Carlsbad 2004). An analysis of consistency with these goals is provided for each bullet in Table 1. TABLE 1-ZONE 21 HMP CONSERVATION GOALS AND CON.SISTENCY FINDINGS Zone 21 HMP Conservation Goal Consistency Finding Conserve "the majority of remaining natural The proposed project will be required to provide habitats and ensure a net loss of no more than no-net-loss of these habitat types through 10% of coastal sage scrub and southern implementation of mitigation that include maritime chaparral." . creation/substantial restoration at a minimum 1:1 ratio. Ensure no net loss of wetland habitats, vernal No wetland, vernal pool, or oak woodland habitats pools, and oak woodlands. are impacted by the proposed project {Figure 3). Conserve habitats in a continuous configuration The proposed project includes habitat across the zone to allow for continued east-west conservation in an east-west configuration across connectivity and animal movement between El the site consistent with the requirements of the Camino Real (Zone 10) and Linkage Area F HMP {Figure 4; BTR Section 4.1.5). {Zones 19 and 20). Conserve Narrow Endemic plant populations. Direct impacts from the proposed project on sensitive plant species maintain compliance with the HMP (BTR Section 4.4.4). Direct permanent impacts to Del Mar manzanita are below the 20% maximum impact threshold established by the HMP. Conduct additional field surveys at the Numerous focused field surveys for sensitive appropriate time of year to determine the species were conducted at the appropriate time of extent and location of sensitive species. year between 2004 and 2006, with updates performed in 2009, and 2014-2016. Restrict major areas for development to Approximately 80% of the residential agricultural areas and disturbed habitat. development would occur in existing agricultural and disturbed areas. Avoid removing maritime succulent scrub, The proposed project provides no-net-loss of southern maritime chaparral, and any Narrow these habitat types through mitigation; including Endemic plant populations identified during creation/substantial restoration at a minimum 1:1 planning. ratio. Direct permanent impacts to Del Mar manzanita are below the 20% maximum impact threshold established by the HMP. Minimize removal of.coastal sage scrub and See above. southern maritime chaparral. Item #5 March 14, 2017 Page 29 of 334 EIR 15-03 -POINSETTIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e4 TABLE 1-ZONE 21 HMP CONSERVATION GOALS AND CONSISTENCY FINDINGS Zone 21 HMP Conservation Goal Consistency Finding Avoid impacts within the watersheds of vernal No such impacts are proposed. pools and to oak riparian forest. Ensure continuous habitat connectivity and A minimum 500-foot-wide east-west corridor is wildlife movement east-west across the zone proposed within the project open space, south of with an average habitat width of 500 feet to Poinsettia Lane (Figure 4). The Poinsettia Lane 1,000 feet and a minimum constriction of 500 bridge span is sufficient in length to allow for feet (where narrower constrictions don't movement of all wildlife species that occur in the already exist); however, in no case shall this area. The 272-foot constriction north of Poinsettia standard deny a property owner some Lane is allowable because it preserves the natural reasonable use of their property. topography of the canyon and is sufficient to connect habitats through this region. If impacts to natural habitats cannot be avoided, Development is clustered within the agricultural they must be limited to disturbed, low quality areas and other areas adjacent to existing portions of the site. development. High-quafity oak woodland habitats are avoided. Areas of highly disturbed, low quality southern All disturbed southern maritime chaparral within maritime chaparral and coastal sage scrub may on-site and potential off-site mitigation areas are be mitigated by a combination of on-site proposed for restoration. enhancement and off-site mitigation in locations of higher quality habitat. Mitigation for any allowed impacts shall be as Table 11 requires various mitigation ratios for stated iri Table 11 on Page D-113 of the HMP impacts to Habitat Groups A-F. The project (City of Carlsbad 2004). results in impacts to Group B (southern maritime chaparral) and Group F (disturbed and agricultural lands). Mitigation for Group B impacts are proposed at a minimum 3:1 ratio, in accordance with Table 11. Mitigation for Group F.impacts would be provided through payment of a Mitigation Fee, in accordance with Table 11 (see Section 3.1 below for more details). A number of potential mitigation options are described in BTR Section 5.1 for Group B impacts. These options were reviewed and comments were received from the Resource Agencies (USFWS, CDFW, and CCC). Based on their comments and differences in the types of mitigation allowed by each agency, proposed mitigation credits are presented in two separate tables: Tables 2a and 2b. Item #5 March 14, 2017 Page 30 of 334 EIR 15-03 -POINSETTIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 5 TABLE 2A-POTENTIAL MITIGATION AREAS AND CREDITS-CALIFORNIA COASTAL COMMISSION SMC SMC Preservation or Creation/Substantial Equivalent HMP Preserve Restoration Restoration/Preservation (5.1 acre (6.3 acre requirement) (12.6 acre requirement) requirement) Mitigation Site (acres) (acres) (acres) On site 2.7 SMC creation 1 -- 1.7 substantial SMC restoration1 Off-site Kevane 0.6 SMC creation1 -2.5 1.6 substantial SMC restoration1 Veteran's Park 2 1.3 substantial CSS 3.1 restoration 1.8 CSS preservation Aviara Park 0.9 substantial SMC 3.5 SMC preservation 4.4 restoration 7.5 acres 6.6 acres 10.0 acres Total Total Compared +1.2 acres -6.0 acres +4.9 acres to Requirement TOTAL 6.0 acres of SMC Preservation deficit is offset by 1.2 acres of excess creation/substantial restoration and 4.9 acres of excess HMP Preserve credit. 1 The acreages of onsite and off-site Kevane creation and substantial restoration are taken from the Conceptual Restoration Plan {Dudek 2016) which presents these acreages as combined for the two area (onsite and off-site Kevane). 2 Precise location of total 3.1-acre addition to the HMP Preserve at Veteran's Park is not known. The portion of restoration versus preservation is an estimate. TABLE 2B -POTENTIAL MITIGATION AREAS AND CREDITS-USFWS/CDFW SMC Creation/Substantial Restoration SMC Preservation HMP Preserve (6.3 acre requirement) (12.6 acre requirement) (5.1 acre requirement) Mitigation Site (acres) (acres) (acres) On site . 2.7 SMC creation1 13.8 SMC Preservation - 1.7 substantial SMC restoration 1 Off-site Kevane 0.6 SMC creation 1 3.9 SMC and LOW 2.5 1.6.substantial SMC Preservation restoration1 Veteran's Park No credit for CSS 3.1 restoration or preservation Item #5 March 14, 2017 Page 31 of 334 EIR 15-03-POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 6 TABLE 28 -POTENTIAL MITIGATION AREAS AND CREDITS -USFWS/CDFW SMC Creation/Substantial Restoration SMC Preservation HMP Preserve (6.3 acre requirement) (12.6 acre requirement) (5.1 acre requirement) Mitigation Site (acres) (acres) (acres) Aviara Park 0.9 substantial SMC 3.5 SMC preservation 4.4 restoration 7.5 acres 21.1 acres 10.0 acres Total Total Compared +1.2 acres +8.6 acres +4.9 acres to Requirement TOTAL All mitigation requirements exceeded 1 The acreages of onsite and off-site Kevane creation and substantial restoration are taken from the Conceptual Restoration Plan (Dudek 2016) which presents these acreages as combined for the two area (onsite and off-site Kevane). HMP In-Lieu Mitigation Fee The HMP established an In-Lieu Mitigation Fee that is assessed on development projects based on the following criteria: 1. The fee will be required in addition to any mitigation required of a project by the HMP or CEQA. 2. The fee will be calculated on a per acre basis according to the mitigation ratios contained in Table 11, (page D-95) for habitat impacted and not conserved on site (City of Carlsbad 2004). Only Habitat Groups D, E and Fas shown in Table 11 shall be eligible to pay the fee for impacted habitat. 3. Although it will be necessary to conduct the fee study required by AB 1600, based on staffs initial analysis, staff anticipates the fee for impacting disturbed habitat/agriculture land should be set at no more than $500 per acre. 4. The fee will not be assessed against any parcel that has been graded pursuant to a valid grading permit within the past five (5) years. 5. The fee will not be required where at least 67% of the habitat on a property or project is being conserved. 6. The fee will be calculated and collected at issuance of Grading Permit. The residential portion of the proposed project, based on HMP requirements, requires the purchase of 15. 71 acres of in-lieu fee mitigation credits for impacts to non-special-status communities and land cover types. This acreage is based on a impacts to land identified as Agriculture on the Constraints Map approved by the City of Carlsbad, minus 2.7 acres already paid for pursuant to HMP Permit 10-02 (Poinsettia Place). The current fee for in-lieu mitigation credits is $3,063.00 per acre. 4 ADDITIONAL COASTAL ZONE CONSERVATION STANDARDS The HMP was approved by the California Coastal Commission (CCC) after insertion of an Addendum that outlined certain additional conservation measures for properties within the coastal zone. These measures were incorporated into the Local Coastal Program (LCP) as Section 3-1 {City of Carlsbad 2014). At the time Item #5 March 14, 2017 Page 32 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 7 of adoption ofthe Carlsbad HMP in November 2004, the Poinsettia Project area was comprised of seven parcels, referred to as 215-020-07 (Maldonado), 215-050-21 (Namikas), 215-050-22 (Sudduth), and 215- 050-44 and 215-050-47 (Kevane) (Figure 2). However, all parcels are now currently under ownership of one entity. For clarity in interpreting the compliance of the proposed project with the Carlsbad HMP, parcel names will be included in parentheses next to their associated assessor parcel numbers. The general standards for the entire coastal zone are presented in Table 3 as taken from Section D.7 of the HMP. The required consistency finding with each standard for compliance of the proposed project with the HMP and LCP is included adjacent to said standard (Table 3). TABLE 3-COASTAL ZONE CONSERVATION STANDARDS Coastal Zone Conservation Standard Consistency Finding 7-1 Environmentally Sensitive Habitat Areas (ESHA) (3-1.2 of LCP} Onsite ESHA is defined as all Pursuant to Section 30240 of the California Coastal Act, native habitat areas, which environmentally sensitive habitat areas, as defined in Section primarily consist of southern 30107.5 of the Coastal Act, shall be protected against any significant maritime chaparral and oak disruption of habitat values, and only uses dependent on those woodland communities. The resources shall be allowed within those areas. project will disrupt 6.3 acres of ESHA onsite. With mitigation including 6.3 acres of creation or substantial restoration within the HMP Preserve, no-net-loss of ESHA will occur. 7-2 Coastal Sage Scrub (3-1.3 of LCP} No coastal sage scrub occurs Properties containing Coastal Sage Scrub located in the'Coastal Zone on site. shall conserve a minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers on site. Conservation of gnatcatchers shall be determined in consultation with the wildlife agencies. 7-3 Oak Woodland (3-1.4 of LCP) Definition, no specific [Oak woodland is defined and referenced later in the parcel-specific compliance required. standards.] 7-4 Streams (3-1.5 of LCP} Definition, no specific [Streams are defined and referenced later in the parcel-specific compliance required. standards.] 7-5 Ephemeral Drainages and Ephemeral Streams (3-1.6 of LCP) Definition, no specific [These are defined and referenced later in the parcel-specific compliance required. standards.] 7-6 Wetlands (3-1.7 of LCP} No permanent or temporary [Wetlands are defined.] Pursuant to California Public Resources Code impacts to southern willow Section 30233, no impacts to wetlands shall be allowed in the scrub (CCC-jurisdictional Coastal Zone except as provided in that Section. [CPRC Section riparian habitat) would occur 30233 allows for impacts to wetlands] "where there is no feasible as a result of the project. less environmentally damaging alternative, and where feasible Item #5 March 14, 2017 Page 33 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 8 TABLE 3 -COASTAL ZONE CONSERVATION STANDARDS Coastal Zone Conservation Standard mitigation measures have been provided to minimize adverse environmental effects." Types of activities that may be allowed to impact wetlands are listed; the proposed project does not fall into any of these allowable use categories. 7-7 Wetland Mitigation Requirements (3-1.8 of LCP) If impacts to a wetland are allowed consistent with Policy 7-6 above, mitigation shall be provided at a ratio of 3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts. 7-8 No Net Loss of Habitat (3-1.9 of LCP) There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone of Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall include a creation component that achieves the no net loss standard. Substantial restoration of highly degraded areas (where effective functions of the habitat type have been lost) may be substituted for creation subject to the consultation and concurrence of the U.S. Fish and Wildlife Service and the California Department of Fish and Game (wildlife agencies). The Coastal Commission shall be notified and provided an opportunity to comment upon proposed substitutions of substantial restoration for the required creation component. Consistency Finding Not applicable as no permanent impacts to wetlands are proposed. The project mitigation would provide for no-net-loss of southern maritime chaparral. Item #5 March 14, 2017 Page 34 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 9 7-9 Upland Habitat Mitigation Requirements {3-1.10 of LCP) Where impacts to the habitats stated in 7-1 are allowed, mitigation shall be provided as follows: a) The no net loss standard shall be satisfied as stated in 7-8. Typically this will consist of creation of the habitat type being impacted (or substantial restoration where allowed) at a ratio of at least 1:1 as provided in the HMP. b) On-site preservation is not eligible for mitigation credit in the coastal zone. On-site or off-site open space preserve areas may be utilized to satisfy required mitigation for habitat impacts associated with development if the preserve areas are disturbed and suitable for restoration or enhancement, or they are devoid of habitat ·value and therefore suitable for the 1:1 mitigation component requiring creation or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of qualitatively changing habitat type and may meet the creation requirement if it restores habitat type that was historically present, but has suffered · habitat conversion or such extreme degradation that most of the present dominant species are not part of the original vegetation. Substantial restoration contrasts with enhancement activities, which include weeding, or planting within vegetation that retains its historical character, and restoration of disturbed areas to increase the value of existing habitat which may meet other mitigation requirements pursuant to the HMP. c) Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation component satisfying half of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. d) Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at an overall ratio of 3:1, with the creation component satisfying one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. Impacts to Southern Mixed Chaparral, Native Grassland, and Oak Woodland shall be mitigated respectively at ratios of 1:1, 3:1, and 3:1, with the creation component satisfying the obligation or one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. Mitigation for impacts within the coastal zone should be provided within the coastal zone if possible, particularly the 1:1 creation component, in order to have no net loss of habitat within the coastal zone. Mitigation measures on land outside the Coastal Zone may be acceptable a) The project mitigation would provide for no-net- loss of southern maritime chaparral. b) On-site preservation is not proposed for mitigation, under Coastal Commission standards. A Conceptual Restoration Plan is included as an appendix to the BTR and outlines the specific types of habitat restoration proposed within onsite and offsite open space, and how these restoration areas meet the creation or . substantial restoration definitions. c) No impacts to coastal sage scrub are proposed. d) As stated above, impacts to southern maritime chaparral are proposed at the required 3:1 ratio with a 1:1 component consisting of creation or substantial restoration. Most of the mitigation options presented in the BTR occur within the coastal zone. The exception is the Carlsbad Oaks Conservation Bank; if proposed, an analysis of the level of habitat protection and value would be provided. e) All mitigation would be secured with a conservation easement and implementation of a preserve management plan in accordance with mitigation measure BR-6 as stated in the Draft Item #5 March 14, 2017 Page 35 of 334 EIR 15-03 -POINSETTIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 10 TABLE 3-COASTAL ZONE CONSERVATION STANDARDS Coastal Zone Conservation Standard Consistency Finding if such mitigation would clearly result in higher levels of Environmental Impact habitat protection and value and/or would provide Report (DEIR) for the significantly greater mitigation ratios, and the mitigation area project (City of Carlsbad is part of the HMP. Land area inside and outside the coastal 2016). zone which serves as mitigation for habitat impacts in the f) See (e) above. coastal zone shall be permanently retired from development g) Noted. potential and secured as part of the HMP preserve management plan as a condition of development approval. e) Habitat mitigation requirements other than the creation or substantial restoration component may be partially or wholly f1.1lfilled by acquisition of existing like habitat and/or retirement of development credits on existing like habitat with permanent preservation as part of the HMP preserve management plan, f) All mitigation areas, on-site and off-site, shall be secured with a conservation easement in favor of the wildlife agencies. In addition, a preserve management plan shall be prepared for the mitigation areas, to the satisfaction of the City, the wildlife agencies, and the Coastal Commission. Phase 1 of the preserve management plan shall be incorporated into the Implementation Program of the LCP through an LCP amendment within one year of Commission certification of the HMP as part of the certified LCP. Phase 2 of the preserve management plan shall be incorporated into the Implementation Program in the same manner within three years of Commission certification of the HMP as part of the certified LCP. The preserve management plan shall ensure adequate funding to protect the preserve as open spa~e and to maintain the biological values of the mitigation areas in perpetuity. Management provisions and funding for mitigation required to address habitat impacts shall be in place prior to the impacts for which the mitigation is required. At a minimum, monitoring reports shall be required as a condition of development approval after the first and third year of habitat mitigation efforts. g) If any conflict should arise between the provisions of the HMP and the policies of the LCP, the LCP shall take precedence. 7-10 Highly Constrained Properties (3-1.11 of LCP) The project area is not There are properties in the Coastal Zone that are entirely or almost considered a "highly entirely constrained by environmentally sensitive habitat area constrained property" {ESHA). In these cases, one of the following additional standards because only 55% of the shall apply: property supports ESHA Item #5 March 14, 2017 Page 36 of 334 EIR 15-03 -POINSETTIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 11 TABLE 3 -COASTAL ZONE CONSERVATION STANDARDS Coastal Zone Conservation Standard Cons_istency Finding a) If more than 80% of the property by area is covered with ESHA at least 75% of the property shall be conserved, OR b) If the City, with the concurrences of the wildlife agencies and the Coastal Commission through an LCP amendment, approves a Hard line preserve boundary for any of these properties as part of the HMP, then the amount of on-site preservation as identified in the Hardline boundary shall apply. 7-11 Buffers and Fuel Modification Zones (3-1.12 of LCP) The City of Carlsbad Buffers shall be provided between all preserved habitat areas and Guidelines for Riparian and development. Minimum buffer width~ shall be provided as follows: Wetland Buffers (2010) provides a definition of c) 100 ft. for wetlands riparian and wetland habitats; d) 50 ft. for riparian areas southern willow scrub is listed e) 20 ft. for all other native habitats (coastal sage scrub, as an example of a riparian southern maritime chaparral, maritime succulent scrub habitat. Therefore the I riparian buffer guidelines are southern mixed chaparral, native grassland, oak woodland). Buffer widths shall be measured from the edge of preserved applied to the project. A habitat nearest the development to the closest point of minimum SO-foot riparian development. For wetlands and riparian areas possessing an buffer (i.e., protection zone) is unvegetated bank or steep slope (greater than 25%), the buffer provided in addition to shall be measured from the top of the bank or steep slope additional separation and rather than the edge of habitat, unless there is at least 50 ft. transition zones (Figure 7). between the riparian or wetland area and the toe of the slope. Development within the If the toe of the slope is less than 50 feet from the wetland or protection zone is limited to riparian area, the buffer shall be measured from the top of the essential storm outfall devices slope. Any proposed reductions in buffer widths for a specific (with force dissipaters) which site shall require sufficient information to determine that a are explicitly allowed under buffer of lesser width will protect the identified resources. the City's Guidelines (2010} Such information shall include, but is not limited to, the size and most effectively protect and type of the development and/or proposed mitigation (such downstream riparian as planting of vegetation or the construction of fencing) that resources from potential will also achieve the purposes of the buffer. The California erosion an·d other adverse Department of Fish and Game, the U.S. Fish and Wildlife effects. Fuel modification is Service, and the Coastal Commission staff shall be consulted in located in the transition zone such buffer determinations. only and is at least 50 feet No development, grading, or alterations, including clearing of from the riparian area. No vegetation, shall occur in the buffer area, except for: trails are proposed within the f) Fuel modification Zone 3 to a maximum of 20 ft. for upland riparian buffer area. Native and non-riparian habitat. No fuel modification shall take habitat plantings are place within 50 ft. of riparian areas, wetlands, or oak proposed for the riparian woodland. buffer along with signage and g) Recreation trails and public pathways within the first 15 feet a barrier wall (Figure 7). of the buffer closest to the development, provided that Item #5 March 14, 2017 Page 37 of 334 EIR 15-03-POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 12 TABLE 3 -COASTAL ZONE CONSERVATION STANDARDS Coastal Zone Conservation Standard Consistency Finding construction of the trail or pathway and its proposed use is No Zone 1 or 2 fuel · consistent with the preservation goals for the adjacent modification areas occur habitat, and that appropriate measures are taken for physical within the 20-foot upland separation from sensitive areas. Buffer areas that do not buffer. Grading and walls are contain native habitat shall be landscaped using native plants. proposed within the upland Signage and physical barriers such as walls or fences shall be buffer along the northern and required to minimize edge effects of development. eastern edges of development. It should be noted that these areas of impact currently do not support habitat. Fences, walls, and native landscaping have been incorporated into the project design to minimize edge effects and adequately protect adjacent upland habitat (Figure 7). 7-12 Grading and Landscaping Requirements (Policy 3-4 of LCP) It is assumed that language in In addition to the requirements of the model grading ordinance in LCP Policy 3-4 take the Carlsbad Master Drainage Plan, permitted new development precedence over the HMP 7- shall also comply with the following requirements: 12 language, as the LCP has been more recently updated. h) Grading activity shall be prohibited during the rainy season: Related conditions are stated from October 1st to April 1st of each year. for the project in Section 5.6.5 i) All graded areas shall be landscaped prior to October 1st of of the DEIR under the each year with either temporary or permanent landscaping Geology/Soils section. materials, to reduce erosion potential. Such landscaping shall be maintained and replanted if not well-established by December 1st following the initial planting. j) The October 1st grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1st of special erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation. Extensions beyond November 15th may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as an amendment to an existing coastal development permit. k) If any of the responsible resource agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive envirnnmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit Item #5 March 14, 2017 Page 38 of 334 EIR 15-03 -POINSETTIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 13 TABLE 3 -COASTAL ZONE CONSERVATION STANDARDS Coastal Zone Conservation Standard Consistency Finding amendment, provided that appropriate best management practices are adopted. Invasive Plants (3-1.13 of LCP) No plants listed in Table 12 of The use of invasive plant species in the landscaping for the HMP or other species developments such as those identified in Table 12 of the HMP shall considered to be invasive are be prohibited. proposed to be used on site. 5 PARCEL-SPECIFIC HABITAT PROTECTION STANDARDS Parcel specific standards are stated as conservation standard 7-14 of the HMP. The following are the standards that apply to the project. • 215-020-07 (Maldonado) -Development shall be concentrated along the Poinsettia Lane extension and shall be limited to the western half of the property. No impacts to the coast oak woodland and riparian area except for Poinsettia Lane extension. The eastern halfofthe property is recommended for off-site mitigation for other properties in Zone 21; however, at a minimum, a wildlife corridor linkage oriented generally north-south shall be provided on the eastern half of the property and designed to connect to neighboring properties with existing or potential wildlife corridorHnkages. The corridor linkage shall include any on-site coast oak woodland area. • 215-050-21 {Namikas}/215-050-22 {Sudduthj -Development shall be limited to a maximum of 25% of the property, not including Poinsettia Lane construction, and shall be clustered on the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands except for Poinsettia Lane extension. A wildlife corridor linkage oriented generally north-south shall be provided on the eastern portion of the property, including the on-site coast oak woodland area, and be designed to connect to neighboring properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall require on-site mitigation through restoration and/or creation of habitat within the designated corridor linkage, in addition to any other required mitigation. • 215-050-44, 215-050-47 (Kevane) -Development shall be limited to a maximum of 25% of the property and shall be clustered on the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands shall be allowed. A wildlife corridor linkage oriented generally north-south shall be provided on the eastern portion of the property, including the coast oak woodland, and be designed to connect to neighboring properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall require on-site mitigation through restoration and/or creation of habitat within the designated corridor linkage, in addition to any other required mitigation. These parcel-specific habitat protection standards are discussed holistically for the entire project below with separate sections to address each resource conservation component ofthe standards. Item #5 March 14, 2017 Page 39 of 334 EIR 15-03-POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 14 5.1 Allowable Development and Wildlife Corridor Linkage Table 4 provides the percentage of each parcel that would be developed. A strict interpretation of the parcel-specific habitat protection standards is illustrated on Figure 6. TABLE 4 -COMPARISON OF PROPOSED RESIDENTIAL DEVELOPMENT AND HMP DEVELOPMENT RESTRICTIONS Parcel Total Poinsettia Percent Allowable Proposed Percent of Site Difference Acreage Lane Allowable Residential Residential used for between Development Development Development Proposed Proposed (acres) (acres) Residential and Development Allowed (acres) 215-020-07 20.4 2.8 50% 7.4 16.3 94% 8.9 (Maldonado) (including (including (Proposed Poinsettia Poinsettia in Excess of Lane)1 Lane) Allowed) 215-050-21 11.0 2.5 25% 2.8 3.8 34% 1.0 (Namikas) (not including (not including (Proposed Poinsettia Poinsettia in Excess of Lane) Lane) Allowed) 215-050-22 9.3 0.4 25% 2.3 0.0 0% -2.3 (Sudduth) (not including (not including {Proposed Poinsettia Poinsettia Less Than Lane) Lane) Allowed) 215-050-44, 10.1 0.0 25% 2.5 0.0 0% -2.5 215-050-47 (not including (not including (Proposed (Kevane) Poir:isettia Poinsettia Less Than Lane) Lane) Allowed) Total 2 50.8 6.1 -15.0 20.1 -5.1 (Proposed in Excess of Allowed) Notes: 1 Actual LCP and HMP language for the Maldonado parcel refers to development being restricted to the "western half' of the parcel. A numeric restriction is not stated, but is assumed. 2 Numbers may not total due to rounding. The proposed project combines the allowable development on 215-050-21 (Namikas), 215-050-22 (Sudduth), and 215-050-44 and 215-050-47 (Kevane). Each parcel has an allowable development percentage of 25% for a total allowable development of 10.0 acres. The proposed project would consolidate development on the Namikas parcel and result in 4.3 acres less development on the other parcels. Although the proposed development would not be strictly limited to 25% on the Namikas parcel, the intention of the HMP and CCC development restrictions and guidelines is maintained and the overall Item #5 March 14, 2017 Page 40 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 15 function of the preserved habitat in the region is enhanced by the proposed clustered development layout. In particular, the requirement for a 500-foot east-west co.rridor through the zone can only be achieved through the proposed development clustering. The strict interpretation of the standards would place development along the entire western boundary of the project, eliminating an east-west habitat linkage. The parcel-specific standards for parcel 215-020-07 (Maldonado) require that development be clustered on the "western half" of the property. This is interpreted on Figure 6 and Table 4 to limit development (including Poinsettia Lane) to 50% of the parcel. The proposed project exceeds this allowable development by 8.9 acres. However, this additional development allows for less development on the Namikas, Sudduth, and Kevane parcels as well as the construction of Poinsettia Lane to include a span bridge which enhances the habitat connectivity of the surrounding open space compared with a culvert (Figure 6). Under the strict HMP-compliant alternative, where a culvert would be utilized, impacts to native habitat are increased compared with the proposed project (6.3 acres under the proposed project and 11.8 acres under the HMP-compliant alternative, including 2.9 acre more impact to southern maritime chaparral) (Table 5). Also, under the HMP-compliant alternative, the development would have more edge adjacent to open space. The portion of open space that would be within 300 feet of development (and therefore subject to adverse edge effect) is substantially greater under the HMP-compliant alternative. For these reasons, the proposed project preserves the main canyon and wildlife movement through the Maldonado parcel and is a substantial net-benefit compared with strict HMP compliance. TABLE 5 -COMPARISON OF PROPOSED PROJECT AND HMP COMPLIANT ALTERNATIVE Vegetation/Land Cover Type Proposed Project HMP-Compliant Alternative Total Open Space Total Open Space Coyote Brush Scrub -2.1 0.5 1.6 Coast Live Oak Woodland -1.5 -1.5 Southern Maritime Chaparral 6.0 17.3 8.3 15.0 Disturbed Southern Maritime Chaparral 0.3 0.4 0.2 0.5 Southern Willow Scrub -0.2 0.1 0.1 Disturbed Southern Willow Scrub -0.1 -0.1 Agricultural 14.6 1.1 5.9 9.8 Disturbed Habitat 4.6 1.3 5.3 0.6 Eucalyptus Woodland -0.2 -0.2 Poison Oak Scrub -0.2 0.1 0.1 Ornamental Land 0.1 0.5 0.6 - Rud era I 0.1 0.2 0.1 0.2 Total* 25.7 25.2 21.1 29.7 Summary Total Residenti.al Development 20.1 15.3 Total Poinsettia Lane 5.6 5.8 Total Impact 25.7 21.1 Open Space within 300 feet of 13.2 17.5 Development Item #5 March 14, 2017 Page 41 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 16 Dudek prepared a detailed alternatives analysis memo to compare the proposed project with an alternative that follows a strict interpretation of the HMP/LCP (Dudek 2015). The currently proposed project (identified as Alternative 3 in Dudek's alternatives analysis memo) has substantial benefits to habitat conservation compared with the strict interpretation of the HMP/LCP (identified as Alternative 1 in Dudek's alternatives analysis memo). This is due to the fact that the proposed project would conserve more existing habitat and that restoring habitat within the existing agricultural areas that would be preserved under the HMP/LCP standards may not be feasible. The proposed project is sufficient to finance an open-space bridge, results in less impact to habitat, and meets the objectives of the HMP and LCP in terms of avoiding impacts to native habitat, preserving habitat linkages/wildlife corridors, and providing for no-net-loss of native habitat. The proposed project would result in a deficit of 5.1 acres of HMP Preserve when compared with the allowed developed under the HMP/LCP. Project mitigation is required to offset this deficit by adding at least 5.1 acres of land to the HMP Preserve. In certain cases, this land (s) may also be used to address habitat mitigation requirements. A number of potential mitigation options are described in BTR Section 5.1 including proposed HMP Preserve and habitat mitigation credits. A scenario of potential mitigation credits is outlined in Table 2 of this document which would provide a net gain of 4.6 acres of HMP Preserve. 5.2 Buffers The proposed project includes a SO-foot no-impact buffer between existing riparian habitat (southern willow scrub) and the edge of fuel management zones, limits of grading, and all development facilities. Actual residential use areas are separated by an additional 50 feet (100 feet total) from the riparian habitat, with land uses within this second separation/transition zone limited to drainage facilities and fuel management areas (Figures 5). Manufactured slopes and plantable walls will create a further separation and protection of the on-site open space, in conformance with the Carlsbad HMP and the City's Guidelines for Biological Studies. Figure 7 shows a cross-section of the open space immediately north of Poinsettia Lane and demonstrates the vertical separation of the proposed development from the open space. The plantable wall will create a further screen between the development and the open space, improving the potential for wildlife movement. In summary, the proposed project is in compliance with all HMP and LCP standards with the exception that residential development is not restricted to the "western half' ofthe Maldonado parcel. This single exception has been discussed with the resource agencies and a number of alternatives have been developed and analyzed at their request. The results of this analysis indicate that, as summarized above, the proposed project meets all of the objectives of the HMP and LCP and that a further reduction in the amount of residential development would not provide meaningful biological benefits and would 11ot be economically feasible. Item #5 March 14, 2017 Page 42 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pae 17 5.3 Narrow Endemic and Oak Woodland/Riparian Protection One narrow endemic plant species would be impacted by the project, Del Mar manzanita. The residential portion of the project would result in the permanent loss of 2.7% of the on-site population. The road would result in permanent impacts to an additional 10% of the population. This meets the HMP limit of 20% impacts to the on-site population. Standards for avoidance of oak woodland and riparian impacts (no impacts resulting from residential development) are maintained with the current project design. 6 CONSISTENCY FINDINGS The proposed project would convert the properties from a Standards Area to a Hard line Area; this change requires that Consistency Findings (pursuant to Section E-3B of the HMP) be made (City of Carlsbad 2004). Findings are required in 5 areas: 1: The project's location in relationship to existing conserved habitat within the City; 2. The habitat types and any known occurrence of HMP Species and other species of concern in and adjacent to the project area; 3. The expected location, type, and intensity of habitat impacts in the project area; 4. Any open space requirement identified for the area under the General Plan; and 5. Specific conservation measures to ensure compliance with zone-level and species specific standards. While the proposed project would convert land from Standards Area and Hard line Area, the project also requires mitigation that would convert land currently outside of the HMP Preserve to Hard line Areas. These boundary changes may require Equivalency Findings, pursuant to Section E-3A of the HMP. The proposed project, including mitigation, would "not reduce the acreage or quality of the habitat" and therefore would be "treated as automatic amendments under an Equivalency Finding." For example, the mitigation scenario presented in Table 2 would require conversion of 3.1 acres of Veteran's Park and 4.1 acres of Aviara Community Park to HMP Hard line Areas. Under this scenario, the HMP Preserve boundary and habitat conditions would not be reduced and the HMP would be amended via an Equivalency Finding for this component of the project. 6.1 Project Location in Relationship to Existing Conserved Habitat within the City The project is located in Zone 21. Adjacent properties to the north, northeast, and southeast have Ha.rd line Preserves (Figure 4). Additional Hard line Preserve habitat occurs southwest of the project but is not contiguous with the project site. As discussed above, the project proposes additional Hardline Preserve area in the southern portion of the project site with an approximately 300-foot-wide corridor also preserved north of the Poinsettia Lane extension, in order to connect onsite HMP Preserve with existing conserved habitat northeast of the site. Item #5 March 14, 2017 Page 43 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 18 6.2 Habitat Types and Known Occurrence of HMP Species and other Species of Concern The native habitat types onsite include southern maritime chaparral, coast live oak woodland, coyote brush scrub, and southern willow scrub. In addition, the site supports various disturbed lands including agricultural land, eucalyptus woodland, and ornamental plantings. HMP-covered plant species identified onsite include Del Mar manzanita, summer holly, and Nuttall's scrub oak. No HMP-covered wildlife species were identified onsite, but the site is assumed to suppqrt California gnatcatcher and numerous other wildlife species (see BTR Section 3.4.2). 6.3 Location, Type, and Intensity of Habitat Impacts Project impacts are concentrated in the northern portion of the site; approximately 75% of the impacts are to disturbed, non-native habitat lands. Native habitat impacts are limited to 6.3 acres of permanent impacts to southern maritime chaparral. These permanent impacts are due to mass grading of the site for development pads and fill slopes and bridge abutments associated with Poinsettia Lane. Additional temporary impacts may occur during construction and result in the temporary loss of 0.2 acre of coyote brush scrub and 0.6 acre of southern maritime chaparral. 6.4 General Plan Open Space Requirements The following is excerpted from Section 5.10.3 of the DEIR for the project (City of Carlsbad 2016): As shown in Figure 5.10-1, the project site is designated by the General Plan as OS and R-4. The project applicant is requesting an amendment to the City's General Plan to change the R-4 land use designation to Residential (R- 8) for the portion of the project site proposed for development. The remainder of the project site would be designated Open OS. Additionally, adjacent parcels (APNs 215-050-45 and -46) for mitigation purposes would be included in the General Plan amendment and would be designated as OS. Figure 5.10-4 depicts the proposed General Plan Land Use designations on the project site. As proposed, the northern portion of the project site would be developed with 123 detached single-family residential units, at a density of approximately 6.1 dwelling units per acre, consistent with the proposed R-8General Plan Land use designation. The remainderofthe project site, comprising approximately 25.1 acres, will be recorded as an open space lot and conserved as permanent open space. The proposed General Plan amendment associated with the project does not, in and of itself, represent an environmental impact. No significant land use impact associated with the proposed General Plan amendment is anticipated. The proposed project would be generally consistent with applicable goals and policies of the General Plan, would further achievement of certain goals and policies of the General Plan, and would not obstruct implementation of any General Plan goal or policy, including those relating to affordable housing. Table 5.10-2 provides a summary of the General Plan (2015) goals/policies per element and provides a project consistency discussion for each applicable goal/policy. The following are open space-related General Plan goals/policies from Table 5.10.2 of the DEIR (City of Carlsbad 2016). Item #5 March 14, 2017 Page 44 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 19 TABLE 6-OPEN SPACE-RELATED GENERAL PLAN GOALS/POLICIES General Plan Goal/Policy Consistency Determination Goal 2-G.16: Enhance Carlsbad's character and Consistent. "fhe proposed project would provide image as a desirable residential, beach and residential uses that would complement existing open-space oriented community. residential development located to the north, west, and southeast. Approximately 25.1 acres of the project site will be recorded as an open space lot and conserved as permanent open space. Additionally, the City is proposing a 15-foot wide pedestrian trail within the existing SDG&E easement. Goal 2-G.17: Ensure that the scale and Consistent. The proposed residential development character of new development is appropriate would be developed in conformance with the to the setting and intended use. Promote development standards applicable to the RD-M development that is scaled and sited to respect zone. the natural terrain, where hills, public realm, parks, open space, trees, and distant vistas, rather than buildings, dominate the overall landscape, while developing the Village, Barrio, and commercial and industrial areas as concentrated urban-scaled nodes. Policy 2-P.2: Update the city's Local Coastal Consistent. The project applicant is requesting the Program to be consistent with the General following: 1) an amendment to the City's General Plan. Work with the California Coastal Plan to change the R-4 land use designation to R-8 Commission to gain permitting authority for all for the portion of the project site proposed for areas of the city in the Coastal Zone. development and to designate the remainder of the project site to OS; and 2) zone change from R-1 to RD-M for the portion of the project site proposed for development and OS for the conserved portions of the project site Accordingly, the project is proposing to amend the LCP Land Use and Zoning maps to be consistent with the General Plan and Zoning Maps to address the proposed General Plan Amendment and Zone Change on the project site. Item #5 March 14, 2017 Page 45 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 20 TABLE 6 -OPEN SPACE-RELATED GENERAL PLAN GOALS/POLICIES General Plan Goal/Policy Consistency Determination Policy 2-P.10: Development on slopes, when Consistent. Grading of the proposed project is permitted, shall be designed to minimize subject to the City's Hillside Development grading and comply with the hillside Ordinance as project areas contain hillside development provisions of the Zoning conditions that are defined as slopes greater than Ordinance and the Carlsbad Local Coastal 15 feet in height and 15 percent in slope. All Program. development within the project site must comply with the standards contained within the City's Hillside Development Regulations (Chapter 21.95 in the City's Municipal Code), unless otherwise approved by the City of Carlsbad. Details regarding consistency with the City's Hillside Development Regulations can be found in Section 5.1, Aesthetics and Grading. A Hillside Development Permit is required and shall be obtained in conjunction with the development entitlements package. Policy 2-P.44: Encourage clustering of Consistent. The project site is approximately 50.80 development to preserve natural terrain and acres in size. The area proposed to be developed is maximize open space areas around the previously disturbed agricultural area on the developments. easterly and westerly side of the future extension of Poinsettia Lane. Approximately 25.1 acres of the project site will be recorded as an open space lot and conserved as permanent open space. 6.5 Conservation Measures to Ensure Compliance with Zone-Level and Species-Specific Standards The discussion above outlines numerous different conservation measures that ensure compliance with each of the zone-level and species-specific standards. Many of these measures are incorporated into the project design through avoidance and minimization of native habitats. Impacts to 6.3 acres of southern maritime chaparral and a reduction of HMP Preserve land of 5.1 acres would be offset through conservation and restoration of onsite and offsite HMP Preserve lands. A number of potential mitigation options are described in BTR Section 5.1 including proposed HMP Preserve and habitat mitigation credits. A scenario of potential mitigaUon credits is outlined in Table 2 of this document which would provide the required habitat and HMP Preserve mitigation. Item #5 March 14, 2017 Page 46 of 334 EIR 15-03 -POINSETIIA 61-REQUEST FOR DETERMINATION OF EQUIVALENCY January 12, 2017 Pa e 21 7 LITERATURE CITED City of Carlsbad. 2004. Habitat Management Plan for Natural Communities within the City of Carlsbad. As amended. City of Carlsbad Planning Department. November 2004. City of Carlsbad. 2014. City of Carlsbad Local Coastal Program. Adopted July 16, 1996; last amended August 13, 2014. Accessed March 6, 2015. http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=24088. City of Carlsbad. 2016. Draft Environmental Impact Report for Poinsettia 61 Project. SCH No. 2016031006. Prepared by HOR. October 2016. Dudek. 2015. "Memorandum -Alternatives Analysis of Poinsettia Project, Carlsbad California." September 24, 2015. Dudek. 2016. Fifth Draft-Biological Resources Technical Report Poinsettia Project, Carlsbad California. EIR 15- 03. October 2016 SAN DAG (San Diego Association of Governments). 2003. Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to the Urban Growth within the Multiple Habitat Conservation Program Planning Area. SCH No. 93121073. March 2003. http:ljwww.sandag.org/?projectid==97&fuseaction=proiects.detail. If you have any questions regarding the above, please feel free to give me a call at (760) 602-4611 or email at teri.delcamp@carlsbadca.gov. Sincerely, TERI DELCAMP Senior Planner Enclosures TD:fn c: Rosanne Humphrey, Senior Program Manager Andrew Han, Lennar Homes, Suite 300, 25 Enterprise, Aliso Viejo, CA 92656 Ryan Anderson, 4601 College Boulevard, Leawood, KS 66211 File Copy Item #5 March 14, 2017 Page 47 of 334 RESOLUTION NO. 2017-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SETTLEMENT AND COMMUNITY BENEFIT AGREEMENT BY AND AMONG NORTH COUNTY ADVOCATES, THE CITY OF CARLSBAD, LENNAR HOMES OF CALIFORNIA, INC., PRESERVE CALAVERA, FRIENDS OF AVIARA, AND FRIENDS OF BUENA VISTA RESERVOIR EXHIBIT 3 WHEREAS, the City Council of the City of Carlsbad, California has determined that a Settlement and Community Benefit Agreement ("Agreement") is being entered into on March 14, 2017, by and among NORTH COUNTY ADVOCATES, a non-profit corporation, on behalf of itself and its members (collectively "NCA"), the CITY OF CARLSBAD ("City"), a municipal corporation, LENNAR HOMES OF CALIFORNIA, INC. (11 Lennar"), a California corporation, PRESERVE CALAVERA, a non-profit corporation, FRIENDS OF AVIARA, a non-profit association, and FRIENDS OF THE BUENA VISTA RESERVOIR, a non- profit association, on behalf of themselves and their members (collectively "Associations"), in light of the following facts and circumstances: WHEREAS, on September 22, 2015, the City Council of the City adopted Resolution 2015-242, certifying the Final Environmental Impact Report (/{General Plan EIR") and adopting Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Carlsbad General Plan Update and Climate Action Plan (11 CAP") with the City Council of the City finding that these actions were in compliance with the requirements of the California Environmental Quality Act (11 CEQA"), Public Resources Code section 21000, et seq., and its implementing guidelines (11 CEQA Guidelines"), California Code of Regulations, title 14, section 15000, et seq.; and WHEREAS, on September 22, 2015, the City Council of the City adopted Resolution 2015-243, Resolution 2015-244 and Ordinance No. CS-287, approving the Carlsbad General Plan Update and CAP and adopting General Plan Amendment 07-02, Local Coastal Plan Amendment 07-02, Citywide Facilities and Improvements Plan Amendment SS 15-06, Zoning Ordinance Amendment 07-01, Zone Change 15- 02, and CAP SS 15-05 (collectively /{General Plan Update and CAP Approvals"); and WHEREAS, on October 21, 2015, NCA filed a lawsuit challenging the City's certification of the General Plan EIR and approval ofthe General Plan Update and CAP, entitled North County Advocates v. City of Carlsbad, San Diego Superior Court Case No. 37-2015-00035458-CU-WM-NC (11 Lawsuit"); and WHEREAS, Lennar proposes to develop a 123-unit, single-family, detached unit condominium project on approximately 51 acres of land located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, in the southwest quadrant of the City, referred to as the Poinsettia 61 Residential Development and Extension of Poinsettia Lane Project ("Poinsettia 61 Project"), consistent with the project description in the Draft Environmental Impact Report prepared by the City, as lead agency, and circulated for public review and comment as required by CEQA ("Poinsettia 61 Draft EIR"); and WHEREAS, the City has prepared a Final EIR for the Poinsettia 61 Project which includes, among other materials, the responses to public comments and an Errata prepared by the City ("Poinsettia 61 Final EIR"); and WHEREAS, the Poinsettia 61 Project proposes to implement an integral portion of the Mobility Element of the City's General Plan by constructing Reach E, the last remaining section of Poinsettia Lane, between Cassia Road and Oriole Court, to extend and connect Poinsettia Lane to El Camino Real; and WHEREAS, the Poinsettia 61 Project also proposes to construct a bridge required to span a canyon on the eastern portion of Poinsettia Lane that will preserve the maximum corridor width practicable for a wildlife habitat corridor; and WHEREAS, all or parts of the Poinsettia 61 Project will require the approval of other public agencies, including without limitation the California Coastal Commission and other federal and state regulatory agencies with jurisdiction over natural resources which may be affected by the Poinsettia 61 Project (collectively "Resource Agencies"); and WHEREAS, the Poinsettia 61 Draft EIR determined the Poinsettia 61 Project will have certain significant adverse impacts on vegetation communities, including southern maritime chaparral, and recommends as Mitigation Measure BR-6 that said impacts be mitigated by the creation, restoration and preservation of habitat at a 3:1 ratio; and WHEREAS, the Poinsettia 61 Draft EIR identified various options for the location of mitigation for said impacts, including the creation of 3.1 acres of coastal sage scrub ("CSS") in a portion of the area of the City presently designated as developable park land in Veterans Park, which 3.1 acres would be incorporated into the City's Habitat Management Plan ("HMP") preserve, and may include the option of performing substantial enhancement of an additional up to 3.1 acres of CSS in the portion of Maca rio Canyon/Veterans Preserve presently designated as HMP preserve, and including the enhancement of up to 5.7 acres of southern maritime chaparral ("SMC") in the natural areas within the boundary of Aviara Park, which up to 5.7 acres would be incorporated into the City's HMP preserve; and WHEREAS, the City owns a 3.1 acre site in a residential area of northwest Carlsbad known as the "Buena Vista Reservoir"; and WHEREAS, as part of a strategy for city-owned properties, the City determined the Buena Vista Reservoir site is not needed for municipal purposes and may be sold for development in accordance with the applicable land use laws and regulations in the area; and WHEREAS, community members opposed to the City's proposed disposition ofthe Buena Vista Reservoir site have asked the City to consider retaining the site for development as a public park; and WHEREAS, the City maintains that the northwest quadrant of the city in which the Buena Vista Reservoir site is located already meets the requirements for park acreage pursuant to the Growth Management Plan standards and therefore a source of funds to pay for the cost of building a park at this location does not exist; and WHEREAS, NCA and the Associations are interested in ensuring that the General Plan Update and CAP and the Poinsettia 61 Project are implemented in a manner which preserves and protects the natural resources and the environment of the City, including the protection and enhancement of open- space and park land in the City; and WHEREAS, Lennar wishes to obtain NCA's and the Associations' support for approval of the Poinsettia 61 Project and NCA and the Associations wish to obtain an increase in existing park land for City residents above and beyond that required by CEQA and any other federal, state and local laws and regulations applicable to the Poinsettia 61 Project; and WHEREAS, NCA and the City wish to settle the Lawsuit and all claims and disputes between them arising out of or relating to the General Plan EIR and the General Plan Update and CAP without admitting or establishing liability, fault, blame or the truth or veracity of any of the claims made by and between them, and in a manner which benefits the residents of Carlsbad; and WHEREAS, simultaneously with entering into this Agreement, the City and NCA intend to enter into a related Settlement Agreement to address dismissal of the Lawsuit, the release of claims and certain other matters arising out of or relating to the Lawsuit, and the City, NCA and Lennar intend to enter into a related Agreement to toll the statute of limitations; and WHEREAS, NCA, the City, the Associations and Lennar, subject to the provisions of the Agreement, desire to undertake all reasonable actions and public proceedings necessary to achieve their individual and collective objectives, including settlement and dismissal ofthe claims alleged in the Lawsuit, retention and development of the Buena Vista Reservoir site as a new public park, and support for the Poinsettia 61 Project, including the construction of Reach E of Poinsettia Lane and a bridge along the eastern portion of Poinsettia Lane that will preserve the maximum corridor width practicable for a wildlife habitat corridor; and WHEREAS, on March 14, 2017, the City Council of the City of Carlsbad adopted a Resolution, certifying the Poinsettia 61 Final EIR, adopting the Findings of Fact and a Mitigation Monitoring and Reporting Program (MMRP) for the Poinsettia 61 Project and approving certain land use entitlements for the Poinsettia 61 Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The City Council finds and determines that the applicable provisions of CEQA and the CEQA Guidelines have been duly observed in conjunction with said hearing and the considerations of this matter and all of the previous proceedings related thereto. 3. Pursuant to CEQA Guidelines Section 15096(a) and (f), the City Council finds and determines that (a) the Poinsettia 61 Final EIR has been presented to the City Council, (b) the City Council has fully reviewed and considered the Poinsettia 61 Final EIR, and the environmental effects of the proposed Agreement prior to making a decision whether to approve the proposed Agreement, and (c) the City Council has certified the Poinsettia 61 Final EIR and has reached its own conclusions on whether and how to approve the proposed Agreement. 4. Pursuant to CEQA Guidelines Section 15096(h), the City Council has adopted as its own and approved the Findings of Fact and the MMRP in the Resolution certifying the Poinsettia 61 Final EIR, and are made a part hereof by this reference, with respect to the significant environmental effects identified in the Poinsettia 61 Final EIR, and hereby makes and adopts the provisions of the MMRP as conditions of approval for the proposed Agreement. 5. Pursuant to CEQA Guidelines Section 15168, the City Council finds that none of the conditions requiring the preparation of a subsequent environmental document pursuant to CEQA Guidelines Section 15162 has occurred and no additional environmental review is required because the proposed Agreement is within the scope of the Poinsettia 61 Final EIR and will not result in any new or more severe significant impacts or require mitigation measures not previously identified in the Poinsettia 61 Final EIR certified by the City. 6. That the City Council hereby approves the Settlement and Community Benefit Agreement (Agreement), attached hereto as Attachment A. 7. That the City Council approval of this Agreement shall only become effective if the Settlement Agreement by and between North County Advocates and the City of Carlsbad is approved and the Agreement by and between North County Advocates, the City of Carlsbad, and Lennar to toll the statute of limitations is approved. 8. That the Mayor is hereby authorized to execute this Agreement, but not until all other parties to this Agreement have executed said Agreement. 9. The City Manager is hereby authorized to act on behalf of the City of Carlsbad in all future actions and decisions necessary to implement this Agreement, and to do so consistent with and in full compliance with the terms and conditions expressed in this Agreement and to the satisfaction of the City Attorney. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of March, 2017, by the following vote, to wit: AYES: M. Halt M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: K. Blackburn. ~ M~LL,Mayor (SEAL) SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into on March 14, 2017, by and between NORTH COUNTY ADVOCATES, a non-profit corporation, on behalf of itself and its members (collectively "NCA" ), and the CITY OF CARLSBAD ("City"), a municipal corporation, in light of the following facts and circumstances: WHEREAS, on September 22, 2015, the City Council of the City adopted Resolution 2015-242, certifying the Final Environmental Impact Report ("General Plan EIR") and adopting Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Carlsbad General Plan Update and Climate Action Plan ("CAP") with the City Council of the City finding that these actions were in compliance with the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000, et seq., and its implementing guidelines ("CEQA Guidelines"), California Code of Regulations, title 14, section 15000, et seq.; and WHEREAS, on September 22,2015, the City Council ofthe City adopted Resolution 2015-243, Resolution 2015-244 and Ordinance No. CS-287, approving the Carlsbad General Plan Update and CAP and adopting General Plan Amendment 07-02, Local Coastal Plan Amendment 07-02, Citywide Facilities and Improvements Plan Amendment SS 15-06, Zoning Ordinance Amendment 07-01, Zone Change 15-02, and CAP SS 15-05 (collectively "General Plan Update and CAP Approvals"); and WHEREAS, on October 21, 2015, NCA filed a lawsuit challenging the City's certification of the General Plan EIR and approval of the General Plan Update and CAP, entitled North County Advocates v. City of Carlsbad, San Diego Superior Court Case No. 37-2015-00035458-CU-WM-NC ("Lawsuit"); and WHEREAS, pursuant to CEQA, NCA and the City met to discuss settlement of the Lawsuit and engaged in good faith negotiations over a period of months which addressed, among other things, issues arising out of or relating to the Lawsuit; and WHEREAS, as part of their resolution of the Lawsuit, and simultaneously with entering into this Agreement, NCA and the City intend to enter into a related settlement and community benefit agreement 2 with Lennar Homes of California, Inc., Preserve Calavera, Friends of Aviara, and Friends of Buena Vista Reservoir which provides for the preservation and enhancement of open-space and park land in the City ("Community Benefit Agreement"); and WHEREAS, NCA and the City wish to settle the Lawsuit and all claims and disputes between them arising out of or relating to the General Plan EIR and the General Plan Update and CAP without admitting or establishing liability, fault, blame or the truth or veracity of any of the claims made by and between them, in a manner which benefits the residents of Carlsbad; and WHEREAS, NCA and the City shall be referred to below collectively as the "Parties"; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH BELOW, THE PARTIES AGREE AS FOLLOWS: 1. Incorporation of Recitals. The recitals set forth above are incorporated herein as though set forth in full. 2. No Admission of Liability. NCA and the City understand, acknowledge and agree that by reason of entering into this Agreement, they do not admit, expressly or impliedly, any fact or liability 3 of any type or nature, whether or not referred to herein, or the sufficiency of any claims made or that could have been raised by any party, or the allegations, assertions or positions of any party in the Lawsuit. Further, NCA and the City have not made any such admission and this Agreement is entered into solely by way of compromise and settlement of the claims and defenses alleged in the Lawsuit. 3. NCA's Undertakings. In consideration of the obligations undertaken and the promises made herein by the City, NCA hereby covenants and agrees to undertake the following actions: 3.1 In the event the City approves the Poinsettia 61 Project and upon City approval of the Community Benefit Agreement and execution of the Community Benefit Agreement by all parties thereto, counsel for NCA shall execute and deliver to counsel for the City a request for dismissal, with prejudice, of the Lawsuit in its entirety, in a form suitable for filing with the San Diego Superior Court, which shall be filed by counsel for the City, thereby terminating the Lawsuit. Except as provided in a separate letter agreement, the parties shall bear their own costs and attorneys' fees incurred in the Lawsuit. 3.2 NCA, on behalf of its officers, directors, members and all other persons acting by 4 or on its behalf, does hereby fully and forever release, acquit, and discharge the City, together with its elected and appointed officials, employees, representatives and other agents (collectively "City") from any and all claims, demands, costs, attorneys' fees, rights or causes of action, whether known or unknown, which NCA has or may have against the City that arise out of or are related to the facts or circumstances alleged in the Lawsuit. 4. The City's Undertakings. In consideration of the obligations undertaken and the promises made herein by NCA, the City hereby covenants and agrees to undertake the following actions: 4.1 Within five (5) court days after counsel for NCA delivers to counsel for the City the request for dismissal required pursuant to Section 3.1 of this Agreement, counsel for the City shall file the request for dismissal in the San Diego Superior Court, thereby terminating the Lawsuit. Except as provided in a separate letter agreement, the parties shall bear their own costs and attorneys' fees incurred in the Lawsuit. 4.2 The City, on behalf of its elected and appointed officials, employees, representatives and other agents, does hereby fully and forever release, acquit, and discharge NCA, 5 together with its officers, directors, members and all other persons acting by or on its behalf (collectively "NCA"), from any and all claims, demands, costs, attorneys' fees, rights or causes of action, whether known or unknown, which the City has or may have against NCA that arise out of or are related to the facts or circumstances alleged in the Lawsuit. 4.3. The City shall undertake the following actions within the time specified below. Except as otherwise stated, the time periods below shall commence upon the date of this Agreement, which shall be the date this Agreement is executed by both Parties: 4.3.1. Within six ( 6) months, the City shall present to the City Council for consideration and, if approved by the City Council, amend the Growth Management Program ("GMP") parks performance standard adopted by the City Council in Resolution No. 97-434 on April 22, 1997, to remove the 1,562 dwelling unit limit and to provide that the five-year timing requirement for park construction shall commence on the date the City Council approves the GMP parks performance standard amendment. 6 4.3.2. Within one (1) month, the City shall support a citizen scientist program by designating an employee of the City as the contact person to coordinate and respond to requests for citizen scientist activities in the City within a reasonable time. 4.3.3. The City shall continue to evaluate significant development projects in the Village and Barrio Master Plan area in accordance with the smart growth-related policies referenced in the City's General Plan and CAP. The revised public review draft of the Village and Barrio Master Plan will propose goals, objectives and/or policies consistent with the Community Vision, General Plan and CAP that encourage and support increased alternative modes of transportation use through public · infrastructure investments, private development conditions of approval and/or incentives, and partnerships with public transportation agencies, private transportation providers, and non-profit organizations. 4.3.4. The City will participate in SANDAG's Series 14 Regional Growth Forecast and Smart Growth Concept Map technical update, which are expected to be completed by Fall 2017, by (a) reviewing and commenting on SANDAG model land use density and intensity assumptions and 7 land capacities in Carlsbad, (b) reviewing and providing comments on draft model run results, (c) requesting that SANDAG remove the Quarry Creek Smart Growth Opportunity Area (CB-3) from the Smart Growth Concept Map, and (d) reviewing and commenting on proposed status changes (if any) of Smart Growth Opportunity Areas in Carlsbad based on SANDAG Smart Growth place type criteria. 4.3.5. Within nine (9) months, City staff shall present to the City Council for consideration a policy to require project applicants to conduct early stakeholder outreach f~:>r significant new development proposals. Prior to finalizing the proposed policy and scheduling it for City Council consideration, City staff will release the draft policy document for a public review and comment period, and will meet with NCA to discuss and consider' their comments on the draft policy document. 4.3.6. As part of the development review process, the City shall evaluate all discretionary projects for consistency with applicable General Plan policies and CAP measures and actions that aim to reduce roadway congestion and vehicle miles traveled (VMT), through Transportation ) Demand Management (TOM) techniques and multi-modal improvements. Within twenty-four (24) months, City staff shall present to City Council for consideration and approval a TOM plan and ordinance 8 that addresses alternative transportation modes for new and existing uses as described in CAP Measures K-1 and K-2. Within twelve (12) months, the City shall update its Traffic Impact Analysis (TIA) Guidelines, incorporating multi-modal level of service (MMLOS) analysis to address vehicle, bicycle, pedestrian, and transit modes of travel, and including transportation demand management (TOM) trip reduction methodologies and best practices to reduce automobile trips and improve travel mode shift. The updated TIA Guidelines will also be used to determine requirements for offsetting project impacts and evaluating opportunities for improving project-level connections for all travel modes (vehicle, bicycle, pedestrian, and transit). Within twelve (12) months of the state Office of Planning and Research (OPR) issuing final amendments to the CEQA Guidelines regarding the use of VMT as the primary metric to analyze transportation impacts rather than vehicle level of service (LOS), the City, in collaboration with SANDAG and applicable working groups, will revise the updated TIA Guidelines to be consistent with OPR's final amendments to the CEQA Guidelines. 4.3.7. Pages 4-16 and 4-17 of the City's CAP estimates the citywide baseline alternative transportation mode use by workers as 22 percent, and establishes a target 10 percent 9 increase in the mode share by 2035. Page 5-9 of the City's CAP identifies projected GHG reductions associated with increased mode share for 2020 and 203 5 target years. Within twelve (12) months, the City shall establish a baseline performance metric and monitoring protocols to measure progress toward achieving the mode split assumed in the CAP and corresponding greenhouse gas emission reduction targets. 4.3.8. The City's Fire Department shall collect actual emergency response time data and provide an annual public report, based on a fiscal year and starting in FY 16/17, documenting and summarizing such data. 4.3.9. Within twelve (12) months, the City shall present to the City Council for consideration and, if approved by the City Council, implement a one-year pilot program to employ two provisional park rangers to patrol open space areas. At the end of the pilot program, the City shall evaluate the effectiveness of the program and shall make recommendations to the City Council based on the standards and objectives of the Open Space Management Plan. 10 4.3.10. Within eighteen (18) months, the City shall present to the City Council for consideration an update to the Community Forest Management Plan which includes a program to identify and protect heritage trees, where practicable, and will include provisions for protection and enhancement of the urban tree canopy. 4.3.11. The City shall address water supply and demand considerations, including a discussion of groundwater and recycled water supplies (to include greywater), in its 2020 Urban Water Management Plan, shall continue its involvement in the North San Diego Water Reuse Coalition, and shall continue to monitor the development of the San Diego Integrated Regional Water Management (IRWM) Program Storm Water Capture Feasibility Study (SWCFS) and evaluate for methods and best practices by which to pursue storm water reuse projects in the future. 4.3.12. Within twelve (12) months, as part of the CAP implementation plan, the City shall establish baseline performance metrics and monitoring protocols to measure progress toward achieving the greenhouse gas emission reduction targets for the measures and actions summarized in the CAP Implementation Matrix Table 5.1, and as more fully described in Chapters 4 and 5 of the CAP. 11 4.3.13. Within twenty-four (24) months, City staff shall present to City Council for consideration and approval a residential and commercial energy conservation ordinance that addresses the CAP renewable energy and energy conservation measures and actions summarized in CAP Tables 4-1 and 4-2, and as more fully described in Chapter 4 of the CAP. 4.3.14. On an annual basis, based on a fiscal year and starting in FY 16/17, the City shall produce and make publically available a map and corresponding table, summarized by General Plan open space category and Local Facilities Management Zone, that reports the amount of designated open space in the city. The reporting will also provide a brief narrative description of the non-technical changes to open space acreages that may have occurred since that previous reporting year. 4.3.15 The City will meet and collaborate with NCA at least twice annually to discuss the status of acquiring, for the purpose of open space preservation in perpetuity, the properties listed in the City Council approved Proposition C Open Space and Trails Ad Hoc Committee Property Analysis ranking chart. As a part of these meetings, the City will also consider and evaluate for acquisition any other property that is not listed on the Proposition C Open Space and Trails Committee 12 Property Analysis ranking chart. In doing so, the City will utilize the Property Acquisition Ranking Criteria developed by the Proposition C Open Space and Trails Ad Hoc Committee to consider the value of the acquisition regardless of rank, for open space preservation in perpetuity, any property not included on the Proposition C list. If, through these meetings, a property is evaluated and identified as being appropriate for acquisition for open space preservation in perpetuity, which shall also include identification as having a willing seller, the City shall use good faith efforts to acquire the property. The City shall also use good faith efforts to utilize the open space acquisition funding authority available to the City from the passage of Proposition C toward leveraging funds from other sources such as federal, state, and local grants. NCA agrees in principle to participate in these efforts by assisting in leveraging City funds with funds acquired from other sources, for the sole purpose of pursuing any and all properties identified as potential candidates for acquisition for open space preservation in perpetuity. City and other funds may only be used for costs that are necessary to acquire the real property including but not limited to deposits required by purchase agreements, necessary option payments, appraisals, technical reports, environmental studies of the property, and purchase price payments. For the 13 purpose of this section, there is no time frame identified, no maximum funding limit on the amount of City funds made available to acquire property for open space preservation in perpetuity, and the minimum funding amount the City shall make available to acquire property for open space preservation in perpetuity is $4,000,000. 4.3.16. If there is a material failure to implement the related Community Benefit Agreement, the City shall continue to pursue acquisition and development of at least 3.1 acres of new park land in the northwest quadrant of the City, which is in addition to existing and future parks in the northwest quadrant as identified in the General Plan Open Space, Conservation and Recreation Element Tables 4-4 and 4-5. 4.4. The City Manager is authorized to represent and act on behalf of the City in all future actions and decisions necessary to implement this Agreement, and to do so consistent with and in full compliance with the terms and conditions expressed in this Agreement and to the satisfaction of the City Attorney. 14 5. Reservation of Discretion. 5.1. The Parties acknowledge and agree that nothing in this Agreement shall be construed as circumscribing or limiting the City's discretion with respect to its compliance with CEQA and other applicable laws and regulations in connection with this Agreement and that the City, in its sole and absolute discretion, may adopt mitigation measures or conditions of approval which the City determines are necessary and appropriate to reduce or avoid any potential environmental impact or to comply with any applicable law or regulation relating to this Agreement. 5.2. The Parties further acknowledge and agree that the City reserves its discretion to approve or disapprove all actions which require by law the exercise of discretion and which the City cannot lawfully be committed by contract to exercise in a particular way. Such reservation of discretion will apply to all contemplated legislative and quasi-judicial actions of the City, including without limitation the City's compliance with CEQA, approval of land use entitlements and related agreements, code enforcement and the making of findings and determinations required by law. 15 6. Termination of Agreement. In the event that the City exercises its discretion not to approve the Poinsettia 61 Project and the Community Benefit Agreement is terminated pursuant to Section 8.0 thereof, this Agreement also shall terminate and the provisions of this Agreement shall be of no further force and effect. 7. Notice. Formal notices, demands and communications among the Parties shall be given, and shall not be deemed sufficiently given until given in writing by certified mail, return receipt requested, or by overnight delivery to the following persons and addresses, or to such other persons and addresses as the Parties from time to time may designate: To NCA: With a copy to: North County Advocates 7668 El Camino Real, Suite 104-258 Carlsbad, CA 92009 Info@ northcountyadvocates.com Everett Delano Delano & Delano 220 W. Grand Avenue Escondido, CA 92025 760-510-1562 Everett@delanoanddelano.com 16 To City: With a copy to: Kevin Crawford City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 760-434-2821 kevin.crawford@carlsbadca.gov Celia Brewer City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 760-434-2891 celia.brewer@carlsbadca.gov Such written notices, demands and communications shall be effective on the date shown on the delivery receipt as the date delivered or the date on which delivery was refused. 8. Miscellaneous. 8.1. The Parties understand and agree that additional documents and agreements may be necessary to effectuate this Agreement and the Parties hereby agree to execute and to deliver all 17 other documents and agreements as may be reasonably necessary to carry out the purposes of this Agreement. 8.2. Each party signing this Agreement jointly and severally represents and warrants that it has full authority to obligate the party or parties or members on whose behalf it is signing and that no further action or authorization is necessary to execute this Agreement on behalf of such party or its members. 8.3. The Parties have read all of this Agreement, fully understand the same and have consulted with their attorneys regarding this Agreement. The Parties hereto are represented by independent counsel with whom each party has fully discussed the terms and consequences of this Agreement, or have had the opportunity to retain independent counsel but have elected not to do so. NCA and its members are represented by the law firm Delano & Delano, 220 W. Grand Avenue, Escondido, CA 92025; and the City is represented by the law firm Hogan Law APC, 225 Broadway, Suite 1900, San Diego, CA 92101. The Parties hereto acknowledge that they execute this Agreement of their own free will and under no threat, menace, coercion or duress of any kind from any party. The 18 Parties further acknowledge that they execute this Agreement acting on their independent judgment and upon the advice of their respective counsel, without any representation, express or implied, of any kind from any other party, except as specifically set forth herein. 8.4. Except as provided in a separate letter agreement concerning attorney's fees and costs, this Agreement constitutes the entire fully integrated written agreement among the Parties with respect to the subject matter of this Agreement and may not be modified or waived except by a writing duly executed on behalf of the party to be bound by the waiver or modification. 8.5. If any part of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such decision shall not affect the validity of any remaining portion of this Agreement and the remainder shall stand in full force and effect. 8.6. In the event it becomes necessary for any party to obtain the services of an attorney to enforce the provisions of this Agreement against any party who has breached any obligation set forth herein, the prevailing party in any proceeding shall be entitled to recover all its attorneys' fees and costs incurred. 19 8.7. This Agreement may be pleaded by any party hereto as a full and complete defense to and may be used as the basis for an injunction against any action, suit, claim or other proceeding of any type which may be prosecuted, initiated or attempted in violation of the terms hereof. 8.8. This Agreement is made, executed and delivered within the County of San Diego, State of California and shall be construed and covered by the laws of the State of California. 8.9. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and to all members, beneficiaries, elected and appointed officials, officers, directors, employees, attorneys, agents, successors, affiliates, heirs and assigns of each party. 8.10. This Agreement may be executed in one or more counterparts and, when executed by each of the Parties signatory hereto, said counterparts shall constitute a single valid Agreement even though each of the signatory parties may have executed separate counterparts hereof. 20 IN WITNESS WHEREOF, this Settlement Agreement is executed on the date(s) set forth below. Dated: March 14, 2017 Dated: March 14, 2017 NORTH COUNTY ADVOCATES By: ~?/f ~~c:_ fr~?~~~/ ~~,_.rd .,K'raus-z...__ Patricia Bleha, PresideAt-of the Board of Directors CITY OF CARLSBAD By: Matt Hall, Mayor 21 March 14, 2017 California Coastal Commission Attn.: Ms. Erin Prahler & Mr. Gabriel Buhr 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108 Attachment 1 RE: Local Coastal Plan Amendment 14-06, Coastal Development Permit 14-34, and Habitat Management Plan Permit 14-04 for the proposed Poinsettia 61 project in Carlsbad, CA Dear California Coastal Commissioners: We are writing you this letter to express our support for the above referenced actions before the Coastal Commission, regarding the Poinsettia 61 project proposed by the Applicant, Lennar Homes of California, Inc., as approved by the Carlsbad City Council on February 28, 2017, along with the certification of the associated Environmental Impact Report. The Applicant, Lennar, has worked extensively with the City and the community at large, in addition to all of our respective organizations to ensure that all of our concerns regarding the proposed project are addressed and in particular, to help improve the larger issue of preserving and enhancing habitat and natural open space and providing public park land and trails within the City. We firmly believe that the approval and implementation of this project, in a form substantially similar to that approved by the City, will actually enhance and improve the existing environment and quality of life for the surrounding area. Among other matters, the Applicant will be adding an additional six acres to the Habitat Management Plan Preserve in the City, constructing a new, unplanned three acre public park that is desired by the community, and completing the critical final link of a circulation element roadway with the construction of a bridge to preserve a wildlife corridor and riparian area, in addition to mitigating the project impacts. For these reasons, among others, we all urge you to approve the Poinsettia 61 proposal before you. Thank you for your consideration. Sincerely, North County Advocates Friends of Aviara XC: California Dept. of Fish & Wildlife Attn: Christine Beck 3883 Ruffin Road San Diego, CA 92123 City of Carlsbad Attn: Teri Delcamp & Don Neu 1635 Faraday Avenue Carlsbad, CA 92008 Preserve Calavera Friends of Buena Vista Reservoir United States Fish & Wildlife Service Attn: Janet Stuckrath 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 Lennar Homes of California, Inc. Attn: David Stearn & Andrew Han 25 Enterprise, Suite 400 Aliso Viejo, CA 92656 43 Veterans Park Aviara Park Buena Vista Reservoir Kevane Parcel Total Footnotes Attachment 2 Poinsettia 61 Project Off-site Park & HMP Preserve Acreage Developable park: Developable park: 51.1 ac 48 ac (-3.1 ac) Undevelopable Undevelopable park: park: 40.4 ac 43.5 ac (+3.1 ac) No change No change 0 ac +3.1 ac N/A N/A N/A 7.5 91.5 ac 94.6 ac (+3.1 ac) 47.9 ac ac) +up to 5.7 N/A 10 (+2.5 ac) up to 59.2 ac (+ up to 11.3 ac) 1. The total calculated park acreage for Growth Management compliance purposes equals the gross park acreage total, or 91.5 acres, which includes both developable and undevelopable (HMP preserve area) acreage, and, therefore, does not change as a result ofthe Agreement. 2. At Veterans Park, 3.1 acres of developable park acreage will be added into the HMP preserve, bringing the total acreage of the Maca rio Canyon/Veterans Preserve up to 43.5 acres. Per the Agreement, Lennar is required to prepare all necessary studies, plans and specifications, obtain all required permits, install, monitor and maintain for a minimum period of 5 years, and create and successfully establish 3.1 acres of additional CSS within the otherwise developable park area of Veterans Park, for incorporation into the HMP preserve, to the satisfaction of the City and the Resource Agencies, and Lennar shall bear the full cost thereof. Lennar is required to coordinate with the City to ensure that the area and location selected for the creation and establishment of 3.1 acres of CSS to be incorporated into the HMP preserve within the otherwise developable park land of Veterans Park will be based on biological value, which includes the requirement that the 3.1 acres selected shall be contiguous to an existing HMP preserve area. Lennar is also required to fund a non-wasting endowment for the on-going maintenance of the additional 3.1 acres of CSS habitat created within the otherwise developable park land of Veterans Park, in a dollar amount determined by a PAR analysis approved by and to the satisfaction of the City and the Resource Agencies. 44 Footnotes Attachment 2 Poinsettia 61 Project Off-site Park & HMP Preserve Acreage 3. In addition, per the Agreement and depending on the final habitat mitigation requirements of the Poinsettia 61 Project after final approval by the California Coastal Commission, Lennar may also prepare studies, plans and specifications, obtain all required permits, install, monitor and maintain for a minimum period of 5 years, and enhance and successfully establish up to 3.1 acres of additional CSS within the existing Maca rio Canyon/Veterans Preserve, to the satisfaction of the Resource Agencies, and Lennar shall bear the full cost thereof. If this option is exercised, Lennar is also required to fund a non-wasting endowment for the on-going maintenance of the enhanced up to 3.1 acres of CSS habitat within Veterans/Maca rio Canyon Preserve, in a dollar amount determined by a PAR analysis approved by and to the satisfaction ofthe City and the Resource Agencies. 4. At Aviara Park, up to 5.7 acres of SMC will be established and incorporated into the HMP preserve. Per the Agreement, Lennar is required to prepare studies, plans and specifications, obtain all required permits, install, monitor and maintain for a minimum period of 5 years, and enhance and successfully establish up to 5.7 acres of SMC within the natural area of Aviara Park, for incorporation into the HMP, to the satisfaction of the resource agencies, and Lennar shall bear the full cost thereof. Lennar is also required to fund a non-wasting endowment for the on-going maintenance of the up to 5.7 acres of SMC within the natural area of Aviara Park, in a dollar amount determined by a PAR analysis approved by and to the satisfaction of the City and the Resource Agencies. 5. Under the adopted Carlsbad HMP, development on the Kevane Parcels shall be limited to a maximum of 25% of the property and shall be clustered on the western portion of the property. The total acreage oft~e Kevane Parcels is 10 acres, and implementation ofthe existing HMP standard would yield 7.5 acres of HMP preserve. 6. As a part ofthe Poinsettia 61 Project, Lennar will be incorporating the entire 10 acres ofthe Kevane Parcels into the HMP preserve, for a net gain in HMP preserve acreage of 2.5 acres. Lennar is also required to prepare studies, plans and specifications, obtain all required permits, install, monitor and maintain for a minimum period of 5 years, and restore and enhance the disturbed habitat areas within the 10 acres of the Kevane Parcels and incorporate the entire 10 acres of the Kevane Parcels into the HMP preserve, to the satisfaction of the resource agencies, and Lennar shall bear the full cost thereof. Lennar is also required to fund a non-wasting endowment for the on-going maintenance of the entire 10 acres of the Kevane Parcels, in a dollar amount determined by a PAR analysis approved by and to the satisfaction of the City and the Resource Agencies. 45 Attachment 3 On-site and Off-site Multi-Modal Circulation Improvements and Connections 46 March 14, 2017 California Coastal Commission Attn.: Ms. Erin Prahler & Mr. Gabriel Buhr 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108 Attachment 1 RE: Local Coastal Plan Amendment 14-06, Coastal Development Permit 14-34, and Habitat Management Plan Permit 14-04 for the proposed Poinsettia 61 project in Carlsbad, CA Dear California Coastal Commissioners: We are writing you this letter to express our support for the above referenced actions before the Coastal Commission, regarding the Poinsettia 61 project proposed by the Applicant, Lennar Homes of California, Inc., as approved by the Carlsbad City Council on February 28, 2017, along with the certification of the associated Environmental Impact Report. The Applicant, Lennar, has worked extensively with the City and the community at large, in addition to all of our respective organizations to ensure that all of our concerns regarding the proposed project are addressed and in particular, to help improve the larger issue of preserving and enhancing habitat and natural open space and providing public park land and trails within the City. We firmly believe that the approval and implementation of this project, in a form substantially similar to that approved by the City, will actually enhance and improve the existing environment and quality of life for the surrounding area. Among other matters, the Applicant will be adding an additional six acres to the Habitat Management Plan Preserve in the City, constructing a new, unplanned three acre public park that is desired by the community, and completing the critical final link of a circulation element roadway with the construction of a bridge to preserve a wildlife corridor and riparian area, in addition to mitigating the project impacts. For these reasons, among others, we all urge you to approve the Poinsettia 61 proposal before you. Thank you for your consideration. Sincerely, North County Advocates Friends of Aviara XC: California Dept. of Fish & Wildlife Attn: Christine Beck 3883 Ruffin Road San Diego, CA 92123 City of Carlsbad Attn: Teri Delcamp & Don Neu 1635 Faraday Avenue Carlsbad, CA 92008 Preserve Calavera Friends of Buena Vista Reservoir United States Fish & Wildlife Service Attn: Janet Stuckrath 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 Lennar Homes of California, Inc. Attn: David Stearn & Andrew Han 25 Enterprise, Suite 400 Aliso Viejo, CA 92656 Attachment 2 43 Item #5 March 14, 2017 Page 95 of 334 Poinsettia 61 Project Off-site Park & HMP Preserve Acreage Park Acreage HMP Acreage Existing Via Agreement Existing Via Agreement Veterans Park Total: 91.5 ac Total: 91.5 ac 1 (NC) 40.4 ac 43.5 ac2 ,3 (+3.1 Developable park: Developable park: ac) 51.1 ac 48 ac (-3.1 ac) Undevelopab le Undevelopab le park: park: 40.4 ac 43.5 ac (+3.1 ac) Aviara Park No change No change + up to 5.7 ac 4 Buena Vista 0 ac +3.1 ac NIA NIA Reservoir Kevane Parcel NIA NIA 7.5 ac 5 10 ac6 (+2.5 ac) Total 91.5 ac 94.6 ac (+3.1 ac) 47.9 ac up to 59.2 ac (+ up to 11.3 ac) Footnotes 1. The total calculated park acreage for Growth Management compliance purposes equals the gross park acreage total, or 91.5 acres, which includes both developable and undevelopable (HMP preserve area) acreage, and, therefore, does not change as a result of the Agreement. 2. At Veterans Park, 3.1 acres of developableparkacreage will be added into the HMP preserve, bringing the total acreage of the Macario Canyon/Veterans Preserve up to 43.5 acres. Per the Agreement, Lennar is required to prepare all necessary studies, plans and specifications, obtain all required permits, install, monitor and maintain fora minimum period of 5 years, and create and successfully establish 3.lacres of additional CSS within the otherwise developable park area of Veterans Park, for incorporation into the HMP preserve, to the satisfaction of the City and the Resource Agencies, and Lennar shall bear the full cost thereof. Lennar is required to coordinate with the City to ensure that the area and location selected for the creation and establishment of 3.1 acres ofCSS to be incorporated into the HMP preserve within the otherwise developable park land of Veterans Park will be based on biological value, which includes the requirementthatthe 3.1 acres selected shall be contiguous to an existing HMP preserve area. Lennar is also required to fund a non-wasting endowmentforthe on-going maintenance of the additional 3.lacres of CSS habitat created within the otherwise developable park land of Veterans Park, in a dollar amount determined by a PAR analysis approved by and to the satisfaction of the City and the Resource Agencies. 44 Item #5 March 14, 2017 Page 96 of 334 Footnotes Attachment 2 Poinsettia 61 Project Off-site Park & HMP Preserve Acreage 3. In addition, per the Agreement and depending on the final habitat mitigation requirements of the Poinsettia 61 Project after final approval by the California Coasta I Commission, Lennar may also prepare studies, plans and specifications, obtain all required permits, install, monitor and maintain for a minimum period of 5years, and enhance and successfully establish upto 3.1 acres of additional CSS within the existing Macario Canyon/Veterans Preserve, to the satisfaction of the Resource Agencies, and Lennar shall bear the full costthereof. If this option is exercised, Lennar is also required to fund a non-wasting endowmentforthe on-going maintenance of the enhanced up to 3.1 acres of CSS habitat within Veterans/Macario Canyon Preserve, in a dollar amount determined by a PAR analysis approved by and to the satisfaction of the City and the Resource Agencies. 4. At Aviara Park, up to 5.7 acres of SMC will be established and incorporated into the HMP preserve. Per the Agreement, Lennar is required to prepare studies, plans and specifications, obtain all required permits, install, monitor and maintain fora minimum period of 5 years, and enhance and successfully establish up to 5. 7 acres of SMC within the natural area of Aviara Park, for incorporation into the HMP, to the satisfaction of the resource agencies, and Lennar shall bear the full cost thereof. Lennar is also required to fund a non-wasting endowmentforthe on-going maintenance of the upto 5.7 acres of SMC within the natural area of Aviara Park, in a dollar amount determined by a PAR analysis approved by and to the satisfaction of the City and the Resource Agencies. 5. Under the adopted Carlsbad HMP, development on the Kevane Parcels shall be limited to a maximum of25% of the property and shall be clustered on the western portion of the property. The total acreage of the Kevane Parcels is 10 acres, and implementation of the existing HMP standard would yield 7.5 acres of HMP preserve. 6. As a part of the Poinsettia 61 Project, Lennarwill be incorporating the entire 10acres of the Kevane Parcels into the HMP preserve, fora net gain in HMP preserve acreage of2.5 acres. Lennar is also required to prepare studies, plans and specifications, obtain all required permits, install, monitor and maintain fora minimum period of 5years, and restore and enhance the disturbed habitat areas within the 10acres of the Kevane Parcels and incorporate the entire 10 acres of the Kevane Parcels into the HMP preserve, to the satisfaction of the resource agencies, and Lennar shall bear the full cost thereof. Lennar is also required to fund a non-wasting endowmentforthe on-going maintenance of the entire 10acres of the Kevane Pa reels, in a dollar amount determined by a PAR analysis approved by and to the satisfaction of the City and the Resource Agencies. 45 Item #5 March 14, 2017 Page 97 of 334 Attachment 3 On-site and Off-site Multi-Modal Circulation Improvements and Connections EV Charging Stations for the Community, Location TBD 46 Item #5 March 14, 2017 Page 98 of 334 SITE MAP • N NOT TO SCALE Poinsettia 61 EIR 15-03 / GPA 14-06 / ZC 14-04 / LCPA 14-06 / CT 14-10 I PUD 14-12 / SOP 14-15 / CDP 14-34 / HOP 14-07 / HMP 14-04 EXHIBIT 4 Item #5 March 14, 2017 Page 99 of 334 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 EXHIBIT 5 PLANNING COMMISSION RESOLUTION NO. 7224 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR POINSETIIA 61, EIR 15-03, AND RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF FACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEVELOPMENT OF A 50.80 ACRE SITE WITH A 123 UNIT SINGLE-FAMILY CONDOMINIUM PROJECT, AND A 10-ACRE MITIGATION SITE, LOCATED SOUTH OF CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND EASTERN SEGMENTS OF POINSETIIA LANE, AND EAST OF AMBROSIA LANE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: POINSETIIA 61 CASE NO.: EIR 15-03 WHEREAS, Lennar Homes of California, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, "Owner," described as a Portion of the Southwest Quarter of the Southwest Quarter of Section 23 and a Portion of the Northwest Quarter of the Northwest Quarter of Section 26, both of Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Unites States Government Survey thereof ("the Property"); and WHEREAS, a Project Environmental Impact Report (EIR 15-03} was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on February 1, 2017, 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 Project EIR, Candidate Findings of Fact, and Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Project EIR. 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. Item #5 March 14, 2017 Page 100 of 334 1 2 3 4 5 6 7 8 9 10 B) C) D) That the Final Project Environmental Impact Report consists of the Final Project Environmental Impact Report, EIR 15-03, dated January 17, 2017, appendices, written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto is hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on file in the Planning Division incorporated by this reference, and collectively referred to as the "Report." That the Environmental Impact Report, EIR 15-03, as so amended and evaluated, is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides. reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Environmental Impact Report for the POINSETTIA 61 project, EIR 15-03 and RECOMMENDS ADOPTION of the Candidate Findings of Fact ("CEQA Findings"}, attached hereto marked as "Exhibit A" and 11 incorporated by this reference and of the Mitigation Monitoring and Reporting Program ("Program"}, attached hereto marked as "Exhibit B" and incorporated by this reference; 12 based on the following findings and subject to the following condition. 13 Findings: 14 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 15- 03, the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad . The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered Final Project EIR 15-03, the environmental impacts therein identified for this project; the Candidate Findings of Fact {"Findings" or "CEQA Findings") attached hereto as "Exhibit A," and the Mitigation Monitoring and Reporting Program {"Program") attached hereto as "Exhibit B," prior to RECOMMENDING APPROVAL of this project. The Planning Commission finds that Final EIR 15-03 reflects the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings ("Exhibit A"), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. The Planning Commission hereby finds that the Program ("Exhibit B") is designed to ensure that during project implementation, the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 6. The Record of Proceedings for this project consists of The Report, CEQA Findings, and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the environmental consultant, and the City of Carlsbad that are before PC RESO NO. 7224 -2-Item #5 March 14, 2017 Page 101 of 334 1 the decision makers as determined by the City Clerk; all documents submitted by members of 2 the public and public agencies in connection with the Project EIR; minutes of all public meetings and public hearings; and matters of common knowledge to the City of Carlsbad which they may 3 consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the 4 custody of the City Clerk, and 1635 Faraday Avenue in the custody of the City Planner. 5 Condition: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The Developer/Owner shall implement the mitigation measures described in "Exhibit B," the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Poinsettia 61 project. PC RESO NO. 7224 -3-Item #5 March 14, 2017 Page 102 of 334 1 2 3 4 5 6 7 8 9 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 1, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Anderson, Black, Goyarts, L'Heureux, Montgomery and Siekmann · 11 JEFF SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATIEST: i71w DON NEU City Planner PC RESO NO. 7224 -4-Item #5 March 14, 2017 Page 103 of 334 EXHIBIT A Poinsettia 61 Project Final EIR Findings of Fact CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT (PUBLIC RESOURCES CODE §21081 CEQA GUIDELINES §15091) Final Environmental Impact Report (EIR 15-03) Poinsettia 61 Project (SCH No. 2016031006) 1.0 Introduction A Final Environmental Impact Report (hereafter "Final EIR") has been prepared pursuant to the California Environmental Quality Act to address the potential environmental effects of the proposed Poinsettia 61 Project and associated actions (hereafter "proposed project") and considered by the City in connection with its public consideration of requested approvals for the proposed project. The proposed project involves the development of 123 single-family residential units and the completion of the last remaining section of Poinsettia Lane ("Reach E"). While the full scope of the proposed project and associated approvals are detailed further in Section 1.1 and Section 1.3, the proposed project would involve a General Plan Amendment (GPA 14-06) to change the existing Residential (R- 4) use to Residential (R-8) use for the portion of the project site proposed for development and to designate the remainder of the project site as Open Space (OS). The project would also involve a Zone Change from One-Family Residential (R-1) to Residential Density-Multiple (RD-M) for the portion of the project site proposed for development and OS for the conserved portions of the project site. The Final EIR also analyzed the environmental effects of a range of project alternatives. The Final EIR and its separately bound technical appendices are incorporated herein by reference as though fully set forth. 1 .1 Proposed Project The proposed project consists of 50.80 acres of land located in the southwest quadrant of the City of Carlsbad, San Diego County. Carlsbad is a coastal city located 30 miles north of downtown San Diego. The City is bordered to the north by the City of Oceanside, to the south by the City of Encinitas, to east by the cities of Vista and San Marcos, and on the west by the Pacific Ocean. The project site is comprised of five parcels of land identified as Assessor Parcel Numbers (APNs) 215-020-07, 215-050-21, -22, -44, and-47. The project is located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane. Project Characteristics The proposed project site comprises 50.80 acres of land, and would be developed with 123 single- family residential units. A key component of the project is the completion of Poinsettia Lane Reach E (including bridge), which is a Mobility Element roadway. The area proposed for residential City of Carlsbad, California January 2017 11 Item #5 March 14, 2017 Page 104 of 334 Poinsettia 61 Project Final EIR Findings of Fact development would be developed at a density of approximately 6.1 dwelling units per acre (du/ac), consistent with the proposed Residential (R-8) General Plan Land Use designation of the project site. Site improvements include residential development and supporting infrastructure, roadway and bridge improvements, pocket parks/common open space. The City is proposing a 15-foot wide City trail easement within the existing San Diego Gas and Electric (SDG&E) easement that traverses the property. Residential Development The project applicant proposes the development of 123 single-family residential units on two development lots (Lots 1 and 2). Of the proposed units, 61 would be located east of Poinsettia Lane and 62 would be located west of Poinsettia Lane. The residential units would be developed on the previously disturbed agricultural area on the easterly and westerly side of the future extension of Poinsettia Lane between Cassia Road and Oriole Court. This area has been previously disturbed by agricultural practices and grading for the future extension of Poinsettia Lane. The proposed residential units would be constructed in four different floor plans and would range from 1,745 square feet (sf) to 2,718 sf in size. The proposed residential buildings will feature three architectural styles. These styles are intended to provide varied yet harmonious architectural themes. Pursuant to the lnclusionary Housing Ordinance, the proposed project would include 15 on-site inclusionary second dwelling units on the project site and purchase four inclusionary housing credits in the Southwest Quadrant of the city. A second dwelling unit is an accessory structure that is intended for human habitation, which may be attached to, or detached from, the principal dwelling. The proposed inclusionary second dwelling units are attached to the main home and feature a separate private entrance, bedroom, bathroom, laundry, eat-in kitchenette and living room. Poinsettia Lane -"Reach E" Improvements As part of the proposed project, approximately 1,600 linear feet of Poinsettia Lane ("Reach E") would be constructed within the project site to its full width. This would result in Poinsettia Lane providing a continuous link from Melrose Drive to Interstate 5. The Reach E improvements would be completed by the applicant and financed in part with reimbursements from the existing Bridge and Thoroughfare District No. 2 funds. The east side of Poinsettia Lane would be constructed with two 12-foot thru lanes, an 8-foot bike lane, and an 8-foot wide decomposed granite trail. The west side of Poinsettia Lane would be constructed with two 12-foot thru lanes, an 8-foot bike lane, and concrete sidewalks. The proposed project includes the construction of a new two-span bridge to extend the eastern portion of Poinsettia Lane across the existing canyon through the site. The total span of the bridge, from the top of each abutment, is 272 feet. The height of the bridge would be approximately 30 to 35 feet. Open Space Approximately 25.1 acres of the project site will be recorded as an open space lot and conserved as permanent open space. This open space lot will be preserved in accordance with the requirements of the City's Habitat Management Plan, which includes the establishment of a biological conservation easement, endowment, as well as on-going monitoring and maintenance responsibilities. City of Carlsbad, California January 2017 12 Item #5 March 14, 2017 Page 105 of 334 Project Design Features Poinsettia 61 Project Final EIR Findings of Fact Several Project Design Features have been incorporated into the project that are intended to reduce energy consumption through building designs that increase energy efficiency, water conservation, and the use of energy efficient appliances. Also, these features can reduce vehicle miles traveled through promoting pedestrian access and use of public transportation. The following project design features are included as part of the proposed project: • The east side of Poinsettia Lane would be constructed with two 12-foot thru lanes, an 8-foot bike lane, and an 8-foot wide decomposed granite trail. The west side of Poinsettia Lane would be constructed with two 12-foot thru lanes, an 8-foot bike lane, and concrete sidewalks. • Provision of bus stops on either side of Poinsettia Lane (within project limits). Additionally, the project proposes features that are consistent with the City's Climate Action Plan · (CAP). These features include such measures as: • Installation of Solar Photovoltaic (PV) Systems. PV systems will be installed on the rooftops of residential units. • Compliance with the Green Building Code. CALGreen, also known as Title 24, is California's Building Energy Code. All buildings will comply with the CAP measure requiring compliance with the energy code. The proposed project will be designed to be consistent with Title 24, Part 6 Energy Budget for the Standard Design Building. • Light Emitting Diodes (LED) Lighting. All landscape related lighting and signage will be LED. At least 75 percent of project luminaires will be LED or similarly efficient lighting. • Solar Water Heating. Solar water heating will be provided as part of the residential PV rooftop systems. • Increase Zero-Emissions Vehicle Travel. Electric vehicle (EV) charging stations/parking spaces will be provided within the common area of the project and each residence will be pre- wired for EV service equipment. • Use of Recycled Water. The project will be fitted with "purple" piping, which will facilitate the use of reclaimed water for the project. The reclaimed water would be utilized for all common areas landscaping, which reduces the demand for energy and in turn, reduces overall GHG emissions associated with water treatment. 1.2 Project Objectives The following statements represent objectives of the project. These objectives also provide a basis for identification of alternatives evaluated in the EIR. City of Carlsbad, California January 2017 13 Item #5 March 14, 2017 Page 106 of 334 Poinsettia 61 Project Final EIR Findings of Fact • Implement a project which is aesthetically pleasing, compatible, and complimentary to adjacent land uses and facilities. • Implement the applicable portions of the City of Carlsbad General Plan and Zoning Code; and the Zone 21 Local Facilities Management Plan, as adopted by the concurrent application. • Construct Poinsettia Lane Reach "E" to complete this General Plan Mobility Element Roadway. • Add to the City's inventory of housing by providing for-sale market housing opportunities. • Development and retention of open space and wildlife habitat through the preservation and enhancement of sensitive flora and fauna consistent with the City's HMP. 1.3 Project Approvals Actions and Approvals by the City of Carlsbad The following identifies the legislative and discretionary actions and approvals by the City of Carlsbad for the proposed project. • General Plan Amendment {GPA 14-06). An amendment to the City's General Plan is required in order to implement the proposed project as follows: Land Use and Community Design Element. Change Residential (R-4) land use designation to Residential (R-8) for the portion of the project site proposed for development. The remainder of the project site would be designated Open Space (OS). Additionally, adjacent parcels (APNs 215-050-45 and -46) for mitigation purposes would be included in the General Plan amendment and would be designated as OS. • Zone Change {ZC 14-04). Zone change from One-Family Residential (R-1) to Residential Density-Multiple (RD-M) for the portion of the project site proposed for development and OS for the conserved portions of the project site. Additionally, adjacent parcels (APNs 215-050- 45 and -46) for mitigation purposes would be included in the zone change and would be designated as OS. • Local Coastal Program Amendment {LCPA 14-06). A Local Coastal Program Amendment to amend the Local Coastal Program Land Use and Zoning maps to be consistent with the General Plan and Zoning Maps to address an associated General Plan Amendment and Zone Change on the project site. • Certification of the Final EIR {EIR 15-03). After the required public review of the Draft EIR, the City of Carlsbad will respond to comments, edit the document, and produce a final EIR to be certified by the City Council as complete and providing accurate information concerning the environmental impacts from the implementation of the proposed project. • Vesting Tentative Tract Map {CT 14-10). The Applicant is requesting approval of a Vesting Tentative Tract Map required for development of the project site. A tentative tract map is required by the California Subdivision Map Act (Government Code §66426 et seq.). • Planned Development Permit -Residential {PUD 14-12). The Project applicant is requesting a planned development permit (PUD) to facilitate individual ownership of units and subdivision of the residential areas. City of Carlsbad, California January 2017 14 Item #5 March 14, 2017 Page 107 of 334 Poinsettia 61 Project Final EIR Findings of Fact • Site Development Plan (SOP 14-15). A Site Development Plan (SOP) is required for the affordable housing component of the project. • Coastal Development Permit (CDP 14-34). A Coastal Development Permit is required to construct the proposed project. This permit is necessary as the proposed project is located within the Mello II Segment of the City's LCP. • Hillside Development Permit (HOP 14-07). Grading of the proposed project is subject to the City's Hillside Development Ordinance as project areas contain hillside conditions that are defined as slopes greater than 15 feet in height and 15% in slope. The purpose of the Hillside Development Permit is to regulate grading conformance with the City's Hillside Development Ordinance (Municipal Code §21.95.010) standards and policies. • Habitat Management Plan Permit (HMP 14-04) and Consistency Findings. A HMP Permit is required for projects which impact sensitive biological resources as defined pursuant to the HMP. In addition, as the project proposes the conversion of the properties from a Standards Area to a Hardline Area, a Minor Amendment to the HMP is r.equired through the processing of Consistency Findings. Discretionary Action and Approvals by Other Agencies The following identifies the discretionary action and approvals by the Coastal Commission for the proposed project. • Local Coastal Program Amendment (LCPA 14-06). A Local Coastal Program Amendment to amend the Local Coastal Program Land Use and Zoning maps to be consistent with the General Plan and Zoning Maps to address an associated General Plan Amendment and Zone Change on the project site. 1.4 Purpose of CEQA Findings CEQA Findings play an important role in the consideration of projects for which an EIR is prepared. Under Public Resources Code §21081 and CEQA Guidelines §15091 above, where a final EIR identifies one or more significant environmental effects, a project may not be approved until the public agency makes written findings supported by substantial evidence in the administrative record as each of the significant effects. In turn, the three possible findings specified in CEQA Guidelines § 15091 (a) are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. City of Carlsbad, California January 2017 15 Item #5 March 14, 2017 Page 108 of 334 Poinsettia 61 Project Final EIR Findings of Fact CEQA Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was prepared unless either: 1. The project as approved will not have a significant effect on the environment, or 2. The agency has: a. Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091, and b. Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. 2.0 Findings of Significant Impacts, Required Mitigation Measures and Supporting Facts The City, having reviewed and considered the information contained in the EIR, finds pursuant to Public Resources Code §21081(a)(1) and Guidelines §15091(a)(1) that changes or alterations have been required in, or incorporated into, the project which would mitigate, avoid, or substantially lessen to below a level of significance the following potential significant environmental effects identified in the EIR. 2.1 Agricultural Resources 2.1.1 Conversion of Farmland to Non-Agricultural Use A. Significant Impact. Implementation of the proposed project would convert approximately 20 acres of land designated as "Unique Farmland" to non-agricultural use. 8. Facts in Support of Finding (1). The project's potential impact associated with conversion of Unique Farmland to non-agricultural use would be mitigated to a level less than significant with the implementation of Mitigation Measure AG-1. C. Mitigation Measure Mitigation Measure AG-1 Prior to issuance of a grading permit, the project applicant shall purchase 15.1 acres of in-lieu fee mitigation credits for impacts to non-special-status communities and land cover types. This acreage is based on impacts to land identified as "Unique Farmland" on the Constraints Map approved by the City of Carlsbad, minus 2.7 acres already paid for pursuant to HMP Permit 10-02 (Poinsettia Place). City of Carlsbad, California January 2017 I 6 Item #5 March 14, 2017 Page 109 of 334 2.2 2.2.1 Biological Resources Poinsettia 61 Project Final EIR Findings of Fact Special-Status Plants -Indirect Impacts A. Significant Impact. Indirect impacts to special-status plants could result primarily from adverse edge effects. During construction activities, edge effects may include dust which could disrupt plant vitality in the short-term or construction related soil erosion and water runoff. In addition, potential long-term indirect impacts on special-status plant species could include trampling by humans traveling off trail, invasion by exotic plants and animals, exposure to urban pollutants (fertilizers, pesticides, herbicides, and other hazardous materials), increase or decrease in natural fire regime, soil erosion, and hydrologic changes (e.g., surface and groundwater level and quality). B. Facts in Support of Finding (1). The project's potential indirect impact associated with special-status plants would be mitigated to a level less than significant with the implementation of Mitigation Measures BR-1 and BR-2. C. Mitigation Measures Mitigation Measure BR-1 Prior to issuance of a grading permit, the applicant shall incorporate the following measures into the grading plans, final project design, and landscaping plans: • A qualified biologist shall conduct a training session for all project personnel prior to proposed activities. At a minimum, the training shall include a description of the target species of concern and its habitats, the general provisions of the Endangered Species Act (Act) and the HMP, the need to adhere to the provisions of the Act and the HMP, the penalties associated with violating the provisions of the Act, the general measures that are being implemented to conserve the target species of concern as they relate to the project, access routes, and project site boundaries within which the project activities must be accomplished. • The footprint of disturbance shall be specified in the construction plans. Construction limits will be delineated with orange fencing, and in areas potentially subject to project related runoff, silt fencing will be used to delineate the impact footprint. All fencing will be maintained until the completion of all construction activities, at which time all fencing will be removed. All construction personnel and associates shall be instructed that their activities, vehicles, equipment, and construction materials are restricted to the proposed project footprint, designated staging areas, and routes of travel. If any impacts shall occur beyond the approved impact footprint, all work in the immediate vicinity shall cease until the disturbance limit breach has been addressed to the satisfaction of the City and resource agencies. • The upstream and downstream limits of project disturbance plus lateral limits of disturbance on either side of the riparian vegetation on site shall be clearly defined, marked in the field, and reviewed by the project biologist prior to initiation of work. Projects should be designed to avoid the placement of equipment and personnel within the riparian vegetation or on adjacent upland habitats used by target species of concern. City of Carlsbad, California January 2017 17 Item #5 March 14, 2017 Page 110 of 334 Poinsettia 61 Project Final EIR Findings of Fact • A water pollution and erosion control plan shall be developed that describes sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, and other factors deemed necessary by reviewing agencies. Erosion control measures shall be monitored on a regularly scheduled basis, particularly during times of heavy rainfall. Corrective measures will be implemented in the event erosion control strategies are inadequate. SedimenUerosion control measures will be continued at the project site until such time as the revegetation efforts are successful at soil stabilization. • The qualified project biologist shall review grading plans (e.g., all access routes and staging areas), and monitor construction activities throughout the duration of grading/ground disturbance associated with the project to ensure that all practicable measures are being employed to avoid incidental disturbance of habitat and any target species of concern outside the project footprint. • Construction monitoring reports shall be completed and provided to the City summarizing how the project is in compliance with applicable conditions. The project biologist should be empowered to halt work activity if necessary and to confer with City staff to ensure the proper implementation of species and habitat protection measures. • Any habitat destroyed that is not in the identified project footprint shall be disclosed immediately to the City, USFWS, CDFW, and CCC and shall be compensated at a minimum ratio of 5:1. • Access to and from the site will be located along existing access routes or disturbed areas to the greatest extent possible. All access routes outside of existing roads or construction areas will be clearly marked. • Construction employees will limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. • Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with minimal risk of direct drainage into riparian areas or other sensitive habitats, and at least 100 feet from waters of the United States. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. All necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. All project-related spills of hazardous materials shall be reported to the City and shall be cleaned up immediately and contaminated soils removed to approved disposal areas. • When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing or other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from re- entering the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream. • Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks. City of Carlsbad, California January 2017 18 Item #5 March 14, 2017 Page 111 of 334 2.2.2 Poinsettia 61 Project Final EIR Findings of Fact • Construction through sensitive areas shall be scheduled to minimize potential impacts to biological resources. Construction adjacent to drainages should occur during periods of minimum flow (i.e., summer through the first significant rain of fall) to avoid excessive sedimentation and erosion and to avoid impacts to drainage-dependent species. Construction near riparian areas or other sensitive habitats should also be scheduled to avoid the breeding season (January 1 through September 15) and potential impacts to breeding bird species. • Fugitive dust will be avoided and minimized through watering and other appropriate measures. • If dead or damaged listed species are located, initial notification must be made within three working days, in writing, to the USFWS Division of Law Enforcement in Torrance, California, and by telephone and in writing to the applicable jurisdiction, Carlsbad Field Office of the USFWS, and CDFW. • Exotic species that prey upon or displace target species of concern shall be permanently removed from the site. • To avoid attracting predators of the target species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site(s). Pets of project personnel shall not be allowed on site where they may come into contact with any listed species. • The City of Carlsbad has the right to access and inspect any sites of approved projects including any restoration/enhancement area for compliance with project approval conditions including these BMP. The USFWS and CDFW may accompany City representatives on this inspection. Mitigation Measure BR-2 Prior to issuance of a grading permit, the following items will be provided to and approved by the City and/or the Preserve Steward: • Plans for fencing, drainage, restoration and other activities that might directly or indirectly impact sensitive habitats or species; the plans will document compliance with Adjacency Standards, if applicable (HMP P. F-16). • Plans for landscaping adjacent to natural habitat will include the following stipulations: (1) no invasive exotic plant species (Lists A and B of the Cal-lPC exotics list) will be used in landscaping; (2) no plants that require excessive irrigation, fertilizers, or pesticides will be used in landscaping; and (3) irrigation of landscaping within 200 feet of a hard line boundary will be controlled to prevent runoff into the preserve. • Fencing plans will describe the type and location of fencing, including (a) permanent fencing along any urban/wildlands interface to deter unauthorized access (if deemed necessary by the City), (b) permanent fencing to direct animals toward wildlife undercrossings and away from traffic, and (c) temporary fencing to delineate the construction footprint, impact zones within the footprint, protected areas, and no- construction buffer zones. Special-Status Wildlife -Direct Impacts City of Carlsbad, California January 2017 I 9 Item #5 March 14, 2017 Page 112 of 334 Poinsettia 61 Project Final EIR Findings of Fact A. Significant Impact. If initial habitat clearing occurs during the breeding season for avian species, reproduction for species within the project site may significantly affect those populations. If construction activities cannot be avoided during the breeding season, minimization measures will be required to reduce impacts to less than significant levels. If clearing activities occur, even outside of the breeding season, the carrying capacity of the regionally available suitable habitat will have been reduced and may significantly adversely impact special-status species populations. B. Facts in Support of Finding (1 ). The project's potential direct impact associated with special- status wildlife would be mitigated to a level less than significant with the implementation of Mitigation Measures BR-3, BR~4. BR-5, and BR-6. C. Mitigation Measures Mitigation Measure BR-3 If construction occurs during the bird breeding season (January 1 -September 15), a qualified biologist shall conduct pre-construction surveys for active migratory bird nests including raptor nests. The survey shall begin not more than three days prior to the beginning of grading activities. The USFWS will be notified at least seven days before clearing and grubbing begins. During this activity, a qualified biologist will walk the area ahead of· construction equipment to flush birds away from impact areas. The biologist will immediately report to USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcatchers will be injured or killed. Mitigation Measure BR-4 A qualified biologist will conduct a focused species gnatcatcher survey in appropriate habitat within and surrounding the project area. The surveys will consist of three visits, one week apart; the last of these will be conducted no more than three days prior to construction. Surveys will also be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to the least Bell's vireo) and within an additional 500- foot survey buffer within 3 days of construction. The USFWS will be notified immediately of any federally listed species that are located during preconstruction surveys. If nests of listed birds, migratory birds, raptors, or other sensitive species are located, they will be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity will be prohibited within this area. During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60 dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented, such as noise barriers, screens, and/or noise attenuation blankets. Mitigation Measure BR-5 On-site restoration within potential temporary impact areas shall be based on preconstruction habitat conditions evaluated by a qualified biologist within three months of impact. Based on a current evaluation, restoration of temporary impacts are estimated to include coyote brush scrub (0.2 acre Poinsettia Lane) and southern maritime chaparral (0.4 acre Residential Development and 0.2 acre Poinsettia Lane). As with habitat creation and enhancement sites, the restoration of temporary impacts shall be evaluated and designed through preparation of a Restoration Plan, consistent with MHCP City of Carlsbad, California January 2017 110 Item #5 March 14, 2017 Page 113 of 334 Poinsettia 61 Project Final EIR Findings of Fact Volume II, Appendix C (Revegetation Guidelines), to be reviewed and approved by the City Planner, in consultation with the USFWS, CDFW, and CCC. An approved habitat restoration specialist will be designated and will determine the most appropriate method of restoration. Restoration techniques, as specified in the Restoration Plan, may include hydroseeding, hand-seeding, imprinting, and soil and plant salvage. The Habitat Restoration Plan shall also include criteria to measure success and describe how monitoring of revegetation efforts will be implemented. At the completion of project construction, all construction materials shall be removed from the site. Additionally, if deemed necessary, any topsoil located in areas to be restored would be conserved and stockpiled during the excavation process for use in the restoration process. Mitigation Measure BR-6 Pursuant to the HMP, a mitigation ratio of 3:1 shall be applied to permanent impacts to 6.3 acres of southern maritime chaparral. Mitigation is required in the form of habitat restoration as well as preservation. Habitat restoration must achieve no-net-loss per special-status vegetation community/habitat type (at least 1 :1 restoration to impact ratio regardless of the total mitigation ratio). Habitat restoration (i.e., creation and substantial restoration) totaling 6.3 acres and habitat preservation totaling 12.6 acres (or equivalent) shall 'be evaluated and designed through preparation of a Restoration Plan to be reviewed and approved by the City Planner, in consultation with the USFWS, CDFW, and the CCC. The Restoration Plan shall also demonstrate a minimum 5.1-acre addition in the HMP Preserve area (which may co-occur with habitat restoration areas). Additions of greater than 5.1 acres of HMP Preserve may be credited towards the habitat preservation requirement. The project applicant will submit final habitat restoration plans to the City and/or Agencies for review at least 30 days prior to initiating project impacts. The Restoration Plan shall be , prepared and implemented consistent with MHCP Volume II, Appendix C (Revegetation Guidelines, pages C-1 to C-2), and Volume Ill; HMP pp. F-8 to F-11; and Open Space Management Plan Section 3.1.5. The Restoration Plan shall, at a minimum, include an evaluation of restoration suitability specific to proposed habitat types, soil and plant material salvage/translocation, planting and seeding lists, discussion of irrigation, maintenance and monitoring program, and success criteria. All areas shall be monitored for a minimum of 5 years to ensure establishment of intended plant communities. Due to the fact that the availability and acceptability of mitigation, including the type and amount of credit, may change between preparation of this EIR and final permit issuance for the proposed project (including review and approval by resource agencies), a number of mitigation options (presented in EIR Table 5.4-13) have been identified. Any combination of these mitigation options may ultimately be used to meet the mitigation requirements set forth in the Carlsbad HMP. On-site Mitigation A Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report) describes the following three categories of restoration/mitigation: • Habitat establishment (i.e., creation) within existing disturbed lands. These areas are locations within the open space area that are currently composed of either City of Carlsbad, California January 2017 111 Item #5 March 14, 2017 Page 114 of 334 Poinsettia 61 Project Final EIR Findings of Fact disturbed habitat, agriculture land, ornamental areas, eucalyptus woodland, or ruderal land, which can be converted to native habitat through minor grading and the specified restoration efforts. • Habitat restoration within existing habitat areas, that have low native cover either from previous disturbances, or insufficient natural re-establishment after the 2014 Poinsettia Fire. These areas are located within the open space area, not including areas within existing utility or road easements, where there was severe damage from the 2014 Poinsettia Fire and where minimal native vegetation re- establishment is occurring, and/or where previous site disturbances have reduced native cover, or has opened up the areas to non-native weed and exotic species invasion. Within these areas, restoration is possible through the removal of trash and debris, eradication of weeds and non-native/exotic species and through supplemental planting of native shrub and understory plants, coupled with seeding with appropriate native species to help restore these areas to sustainable native habitat. • Substantial restoration within previously disturbed habitat areas, homeless encampments, trash and debris areas, and previous trails to be abandoned. These areas are located within the open space area, not including areas within existing utility or road easements, where previous disturbance from homeless encampments and damage from significant trash and debris piles is expected to limit the re- establishment of native vegetation following the 2014 Poinsettia Fire. Current assessments are inconclusive regarding the degree to which these areas will passively re-establish with native habitat. Within these areas, substantial restoration is possible through the conversion of these areas to more pristine native habitat through the planting of native trees, shrub and understory plants, coupled with seeding with appropriate native species to help restore these areas to sustainable native habitat. For purposes of the information shown in EIR Table 5.4-13 and as documented in the Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report), it is assumed the 100% creation credit is recognized for habitat establishment within existing disturbed lands; the percent creation/substantial restoration credit for habitat restoration within areas of low native cover is based on the actual area of bare ground/invasive species; and an additional 25% of the historically disturbed lands would qualify for creation/substantial restoration credit. The second and third categories may alternatively be recognized as preservation credit. Also, as documented in the Conceptual Restoration Plan, a portion of the onsite restoration plan includes southern maritime chaparral -live oak woodland and southern maritime chaparral -wetland transition areas as appropriate areas on site. It is assumed that these areas be credited to the southern maritime chaparral 1 : 1 no-net loss restoration requirement on the basis that these communities integrate with southern maritime chaparral on-site and contribute to the overall ecological function of southern maritime chaparral. Off-site Kevane Parcels The Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report) also includes proposed restoration of two off-site Kevane parcels (APNs 215-050-45 and -46) (as shown in EIR Figure 5.4-9), using the same restoration treatments and mitigation credits as discussed above for on-site open space. These two off-site parcels would also be eligible for southern maritime chaparral preservation credits, for any acreage not accounted for in the restoration plan or as mitigation for HMP Preserve acreage. City of Carlsbad, California January 2017 I 12 Item #5 March 14, 2017 Page 115 of 334 Poinsettia 61 Project Final EIR Findings of Fact The property would be incorporated into the on-site restoration program and conserved in a manner consistent with the on-site open space including the requirements stated above regarding an approved Restoration Plan. Veteran's Park A total 3.1 acres of land may be added to the HMP Preserve at Veteran's Park (as shown in EIR Figure 5.4-10). The exact location has not been identified at this time because the City is currently evaluating the site for park development. The site mostly supports coastal sage scrub and annually maintained nonnative grassland; disturbed areas within the final mitigation area would be restored with coastal sage scrub. There is some southern maritime chaparral in the vicinity but all of the open space directly adjacent to the mitigation area is occupied by coastal sage scrub. Given the coastal location of this habitat and the use of similar species that use southern maritime chaparral, this would be considered as mitigation for southern maritime chaparral impacts. For purposes of information shown in EIR Table 5.4-13, it is assumed that all 3.1 acres are currently disturbed and would be restored to coastal sage scrub and therefore recognized as creation/substantial restoration mitigation credit. This area would add 3.1 acres of the HMP Preserve, therefore counting towards the HMP Preserve (no-net-loss) requirement. An additional 3.1 acres of land at Veteran's Park, within the existing HMP Preserve, is also suitable for habitat creation/substantial restoration. The majority of the area i$ currently annual grassland and suitable for coastal sage scrub creation along the western edge of the HMP Preserve. Additional pockets of disturbed land occur in the central and eastern portion of the HMP Preserve between areas of existing coastal sage scrub and southern maritime chaparral. These areas may be restored and credited towards the habitat creation or preservation requirements of the project. Aviara Community Park Aviara Community Park is located less than one mile northwest of the project and currently supports north-facing slopes and hillsides with southern maritime chaparral that is not within the HMP Preserve. As shown in EIR Figure 5.4-11, a 5.5-acre area has been identified to be added to the HMP Preserve (thus contributing to the HMP Preserve [no-net-loss] requirement). This area consists of 2.0 acres of highly disturbed southern maritime chaparral (less than 20% native cover) and 3.5 acres of existing southern maritime chaparral that is either undisturbed or has limited areas of disturbance (greater than 80% native cover). An additional 2.1 acres of manufactured slope with existing ornamental vegetation is suitable for restoration with coastal sage scrub species, would provide an enhanced buffer between the park and HMP Preserve, and therefore could be credited towards the preservation credit. This area would not be added to the HMP Preserve, as manufactured slopes are generally not included in the Preserve. Reiter Parcel A 10.2-acre parcel south of the Poinsettia project is currently undeveloped and mapped as a Standards Area. If conserved and restored in a manner consistent with the on-site open space, this parcel is estimated to provide 1.5 acres of creation/substantial restoration credit, with the remaining 8.7 acres of land credited as preservation (as shown in EIR Figure 5.4-12). Conservation of this entire parcel and retirement of development potential would expand the HMP Preserve by 2.5 acres. Viadana/Pavoreal HOA City of Carlsbad, California January 2017 [ 13 Item #5 March 14, 2017 Page 116 of 334 Poinsettia 61 Project Final EIR Findings of Fact These two Homeowner's Association-owned HMP Preserve open space areas total 20.7 acres (as shown in EIR Figure 5.4-13) but are not under formal HMP Preserve management because their dedication pre-dates the HMP and no long-term management funding has been established. The property may be eligible for mitigation credit if the Applicant establishes an adequate Preserve Management Plan and restores disturbed areas within the 20.7-acre property. It is estimated that the properties support approximately 2.0 acres of disturbed areas that could be credited towards the habitat creation/substantial restoration requirement, with the remainder of the parcel being credited towards the habitat preservation requirement at a 0.5:1 ratio (i.e., 50% credit). Carlsbad Oaks Conservation Bank Approximately 24 acres of credit remain unallocated at the Carlsbad Oaks Conservation Bank. The bank is located north of Palomar Airport Road and east of El Camino Real and thus outside of the coastal zone, but does support a variety of habitat including southern maritime chaparral, southern mixed chaparral, coastal sage scrub, and oak woodlands. Credits may be used to satisfy the habitat preservation requirements, subject to agency approval. Other Restoration in City-Owned HMP Preserve Similar to habitat restoration proposed within the existing HMP Preserve at Veteran's Park, additional City-owned HMP Preserve lands may be identified to provide additional mitigation credits towards the habitat creation/substantial restoration and/or habitat preservation requirements. Such restoration would be subject to the requirements of BR-6. Other Private Property Acquisition Similar to purchase and conservation of the Reiter Parcel, additional private property(ies) may be purchased and conserved consistent with the requirements of BR-6 and provide additional mitigation credits towards the habitat creation/substantial restoration, habitat preservation, and/or HMP Preserve requirements. Prior to the issuance of a grading permit or clearing of any habitat, the project applicant shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot which is being conserved for natural habitat in conformance with the City's HMP: a) Prior to recordation of the approved final tract map, the applicant shall record a Conservation Easement, as defined by California Civil Code Section 815.1 or other protective measure over all on-site and off-site mitigation land. b) Provide proof that appropriate type and acreage of land or mitigation credits have been purchased at an approved mitigation bank or other site for off-site mitigation. c) Select a qualified conservation entity to manage the conserved land. d) Prepare a Property Analysis Record (PAR) to estimate costs of in perpetuity management and monitoring. e) Provide a non-wasting endowment based on the PAR to sufficiently cover thecosts of in-perpetuity management and f) Monitoring. g) Prepare a Preserve Management Plan, pursuant to the guidelines set forth in Section F(2) and Section F(3) of the Carlsbad HMP (November 2004) and the Guidelines for Preserve Management (July 2009). In addition, given the recent fire on the property, City of Carlsbad, California January2017 114 Item #5 March 14, 2017 Page 117 of 334 2.2.3 Poinsettia 61 Project Final EIR Findings of Fact a Post-Fire Habitat Recovery Stewardship Plan shall be prepared and implemented to ensure the recovery of pre-existing native vegetation communities to the extent feasible. Special-Status Wildlife -Indirect Impacts A. Significant Impact. Indirect impacts to special-status wildlife species could result from adverse edge effects. During construction activities, edge effects may include dust which could disrupt vegetation vitality in the short-term or construction related soil erosion and water runoff. Indirect impacts from construction-related noise may occur to special-status wildlife if construction occurs during the breeding season (February 15 through August 31 for most species, and January 1 through September 15 for raptors). During the breeding season, there is high potential for the special-status coastal California gnatcatcher to nest in nearby coastal sage scrub, and for the yellow warbler to nest ~ithin the riparian habitat adjacent to the proposed development. Additionally, there is moderate potential for special-status raptors (i.e., Cooper's hawk and loggerhead shrike) to nest within the eucalyptus and oak trees adjacent to the proposed development. Long-term adverse impacts to wildlife include predation by urban pest species (e.g., American crows (Corvus brachyrhyncos), raccoons, striped skunks), lighting and noise, and human presence. These long-term indirect impacts are considered potentially significant. B. Facts in Support of Finding (1 ). The project's potential impact associated with special-status wildlife would be mitigated to a level less than significant with the implementation of Mitigation Measures BR-1, BR-2, BR-3, BR-4, B-7, and B-8. C. Mitigation Measures 2.2.4 Mitigation Measure BR-1 (as listed above) Mitigation measure BR-2 (as listed above) Mitigation Measure BR-3 (as listed above) Mitigation Measure BR-4 (as listed above) Mitigation Measure BR-7 Prior to issuance of a grading permit, the applicant shall incorporate the following measure into the grading plans, final project design, and landscaping plans: • Lighting in or adjacent to the preserve will not be used, except where essential for roadway, facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to natural habitat will be shielded and/or directed away from habitat. Mitigation Measure BR-8 Prior to issuance of a grading permit, the following item will be provided to and approved by the City and/or the Preserve Steward: • Plans for lighting that might directly or indirectly impact sensitive habitats or species; the plans will document compliance with Adjacency Standards, if applicable (HMP P. F-16). Sensitive Natural Community -Direct Impacts City of Carlsbad, California January 2017 115 Item #5 March 14, 2017 Page 118 of 334 Poinsettia 61 Project Final EIR Findings of Fact A. Significant Impact. Temporary impacts to special-status vegetation communities include 0.6 acre of southern maritime chaparral, and 0.2 acre of coyote brush scrub. These impacts are associated with both the residential and Poinsettia Lane portions of the project. These temporary direct impacts to special-status vegetation communities are considered significant impacts. Direct permanent impacts associated with the project include residential development and expansion of Poinsettia Lane. These impacts include permanent impacts to 6.3 acres of southern maritime chaparral and disturbed southern maritime chaparral. These permanent direct impacts to special-status vegetation communities are considered significant impacts. B. Facts in Support of Finding (1). The project's potential impact associated with special-status wildlife would be mitigated to a level less than significant with the implementation of Mitigation Measures BR-5 and BR-6. C. Mitigation Measures 2.2.5 Mitigation Measure BR-5 (as listed above) Mitigation Measure BR-6 (as listed above) Sensitive Natural Community -Indirect Impacts A. Significant Impact. Indirect impacts to special-status upland vegetation communities could result primarily from adverse edge effects. During construction activities, edge effects may include dust which could disrupt plant vitality in the short-term or construction related soil erosion and water runoff. Potential long-term indirect impacts on vegetation could include trampling by humans traveling off trail, invasion by exotic plants and animals, exposure to urban pollutants (fertilizers, pesticides, herbicides, and other hazardous materials), increase or decrease in natural fire regime, soil erosion, and hydrologic changes (e.g., surface and groundwater level and quality). B. Facts in Support of Finding (1 ). The project's potential impact associated with special-status wildlife would be mitigated to a level less than significant with the implementation of Mitigation Measures BR-1 and BR-2. C. Mitigation Measures 2.2.6 Mitigation Measure BR-1 (as listed above) Mitigation Measure BR-2 (as listed above) Jurisdictional Waters A. Significant Impact. Areas downstream of the project site may be subject to erosion, sedimentation, and pollution during and following project construction. These indirect impacts are considered potentially significant. B. Facts in Support of Finding (1). The project's potential impact associated with special-status wildlife would be mitigated to a level less than significant with the implementation of Mitigation Measures BR-1 and BR-2. C. Mitigation Measures City of Carlsbad, California January 2017 I 16 Item #5 March 14, 2017 Page 119 of 334 2.2.7 Mitigation Measure BR-1 (as listed above) Mitigation Measure BR-2 (as listed above) Wildlife Corridors Poinsettia 61 Project Final EIR Findings of Fact A. Significant Impact. The local habitat linkage/wildlife corridor in the eastern portion of the project site would be subject so edge effects. The constrained corridor in this area would be indirectly impacted both in the short-and long-term. B. Facts in Support of Finding (1). The project's potential impact associated with special-status wildlife would be mitigated to a level less than significant with the implementation of Mitigation Measures BR-1 and BR-2. C. Mitigation Measures 2.3 2.3.1 Mitigation Measure BR-1 (as listed above) Mitigation Measure BR-2 (as listed above) Cultural Resources Archaeological Resources A. Significant Impact. The presence of previously recorded archaeological resources in the area suggests a potential for the occurrence of previously undiscovered archaeological resources on the project site. B. Facts in Support of Finding (1). The project's potential impact associated with previously undiscovered archaeological resources would be mitigated to a level less than significant with the implementation of Mitigation Measure CR-1. C. Mitigation Measure Mitigation Measure CR-1 The following shall be implemented to minimize impacts to subsurface tribal cultural resources: • Prior to the commencement of ground disturbing activities, the project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseno tribe. This agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseno Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseno Native American monitors and the archaeologist. A copy of said agreement shall be provided to the City of Carlsbad prior to the issuance of a grading permit. • A Luiseno Native American monitor shall be present during all ground disturbing activities that may impact native soils. Ground disturbing activities may include, but are not limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. City of Carlsbad, California January 2017 117 Item #5 March 14, 2017 Page 120 of 334 Poinsettia 61 Project Final EIR Findings of Fact • Any and all uncovered artifacts of Luisefio Native American cultural importance shall be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated. • The Luisefio Native American monitor shall be present at the project's preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project. • Luisefio Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If tribal cultural resources are discovered during construction, all earth moving activity within and around the immediate discovery area must be diverted until the Luisefio Native American monitor and the archaeologist can assess the nature and significance of the find. • If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be notified and consulted regarding the respectful and dignified treatment of those resources. Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred method of preservation for archaeological and tribal cultural resources. If however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resource is infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan. • When tribal cultural resources are discovered during the project, if the archaeologist . collects such resources, a Luisefio Native American monitor must be present during any testing or cataloging of those resources. All collections made by archaeologists will be collected and treated following the guidelines and regulations set forth under 36 CFR 79, Federal regulations for collection of cultural materials. If the archaeologist does not collect the tribal cultural resources that are unearthed during the ground disturbing activities, the Luisefio Native American monitor, may in their discretion, collect said resources and provide them to the San Luis Rey band of Mission Indians for dignified and respectful treatment in accordance with their cultural and spiritual traditions. • If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Diego County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luisefio Native American monitor shall be present during the examination of the remains. If the San Diego County Coroner determines the remains to be Native American, the Native American Heritage Commission (NAHC) must be contacted within 24 hours. The NAHC must then immediately notify the "Most Likely Descendant" of receiving notification of the discovery. The Most Likely Descendant shall then make recommendations within 48 City of Carlsbad, California January 2017 I 18 Item #5 March 14, 2017 Page 121 of 334 2.3.2 Poinsettia 61 Project Final EIR Findings of Fact hours, and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98. • In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural resources and documented as such. If fill material is to be utilized and/or exported from areas within the project site, then that fill material shall be analyzed and confirmed by an archaeologist and Luiseno Native American monitor that such fill material does not contain tribal cultural resources. • No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources without the written permission of the San Luis Rey Band of Mission Indians. • Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusions of the monitoring program shall be submitted by the archaeologist, along with the Luiseno Native American monitor's notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. Paleontological Resources A. Significant Impact. Implementation of the proposed project would result in a potentially significant paleontological resource impact in association with grading/excavation in previously undisturbed areas of the Santiago Formation, which has a high sensitivity for paleontological resources. The development of the proposed project may directly or indirectly negatively impact or destroy a yet unidentified paleontological resource without proper mitigation. B. Facts in Support of Finding (1). The project's potential impact associated with paleontological resources would be mitigated to a level less than significant with the implementation of Mitigation Measures CR-2 through CR-7. C. Mitigation Measures Mitigation Measure CR-2 A qualified paleontologist shall monitor all grading that includes initial cutting into any area of the project site as the project site sits on paleontologically sensitive Santiago Formation deposit. If any paleontological resources are identified during these activities, the paleontologist shall temporarily divert construction until the significance of the resources is ascertained. Mitigation Measure CR-3 Paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context. Mitigation Measure CR-4 Paleontological monitors shall be eguipped to salvage fossils as they are unearthed to avoid construction delays, and to remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced if the potentially fossiliferous units described above are not present City of Carlsbad, California January 2017 119 Item #5 March 14, 2017 Page 122 of 334 2.3.3 Poinsettia 61 Project Final EIR Findings of Fact or if the fossiliferous units present are determined by a qualified paleontological monitor to have low potential to contain fossil resources. Mitigation Measure CR-5 All recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Mitigation Measure CR-6 Specimens shall be identified and curated into an established, accredited, professional museum repository with permanent retrievable storage. The paleontologist shall have a written repository agreement in hand prior to the initiation of mitigation activities. Mitigation Measure CR-7 A report shall be completed describing the methods and results of the paleontological monitoring and data recovery program. Human Remains A. Significant Impact. Implementation of the proposed project could inadvertently impact undiscovered human remains during excavation and grading activities. 8. Facts in Support of Finding (1). The project's potential impact associated with the disturbance of human remains would be mitigated to a level less than significant with the implementation of Mitigation Measure CR-8. C. Mitigation Measure Mitigation Measure CR-8 If human remains are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponents and its agents must comply with Public Resources Code (PRC) 5097.98 and California Health and Safety Code 7050.5. a) The discovery location will be protected and secured from further disturbance. b) The Archaeological Project Manager will contact the San Diego County Medical Examiner. c) If the remains are determined by the Medical Examiner or an authorized representative to be Native American, the Medical Examiner will contact the NAHC. d) The NAHC will designate and contact the Most Likely Descendant (MLD). e) The property owner will provide the MLD with access to the discovery location, which will have been protected from damage. f) The MLD will make a recommendation for treatment of the remains within 48 hours. The descendants' preferences for treatment may include the following: i) The nondestructive removal and analysis of human remains and items associated with Native American human remains. ii) Preservation of Native American human remains and associated items in place. City of Carlsbad, California January 2017 I 20 Item #5 March 14, 2017 Page 123 of 334 Poinsettia 61 Project Final EIR Findings of Fact iii) Relinquishment of Native American human remains and associated items to the descendants for treatment. iv) Other culturally appropriate treatment. g) If the MLD does not make a recommendation within 48 hours, or if the recommendations are not acceptable to the property owner following extended discussions and mediation, the property owner will reinter the remains and burial items with appropriate dignity on the property, in a location not subject to further subsurface disturbance. The location of reinterment will be protected by at least one of the three following measures: i) Record the location with the NAHC or the SCIC. ii) Utilize an open space or conservation zoning designation or easement. iii) Record a document with San Diego County. h) If multiple human remains are found, extended discussions will be held with the MLD. If agreement on the treatment of these remains is not reached, they will be reinterred in compliance with PRC 5097.98(e). If Native American remains are discovered during ground disturbance and are positively identified as such by a representative of the County Medical Examiner, they will be kept in situ, or in a secure location in close proximity to where they were found, and any analysis of the remains will occur only on-site in the presence of a Luiseno Native American monitor. 2.4 Geology and Soils 2.4.1 Seismic Hazards A. Significant Impact. Shallow groundwater was encountered within the loose alluvial soils along the eastern edge of the northern development area. According to the geotechnical investigation report, the potential exists for liquefaction of the alluvium due to the design basis earthquake. There is also a potential for landslide and slope instability to occur on the project site. The project site is located in an area where landslides are relatively common. Slope stability analyses conducted on the project site indicate that the presence of highly fissured claystone beds within the Santiago Formation creates the potential for future slope instabilities. B. Facts in Support of Finding (1). The project's potential impacts associated with liquefaction and landslides would be mitigated to a level less than significant with the implementation of Mitigation Measure GE0-1. City of Carlsbad, California January 2017 I 21 Item #5 March 14, 2017 Page 124 of 334 Poinsettia 61 Project Final EIR Findings of Fact C. Mitigation Measure Mitigation Measure GE0-1 2.4.2 Prior to approval of final engineering and grading plans for the project, the City shall verify that all recommendations contained in the Report of Geotechnical Investigation for the Poinsettia 61 Development prepared by Group Delta Consultants, Inc. (November 20, 2014) have been incorporated into all final engineering and grading plans. The City's soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan compliance with the recommendations of the report. All future grading and construction of the project site shall comply with the geotechnical recommendations contained in the geotechnical report. The report identifies specific measures for mitigating geotechnical conditions on the project site, and addresses grading, slope stability, foundations, concrete slabs-on-grade, and earth retaining walls. Unstable Geologic Unit or Soil A. Significant Impact. The project site is covered in young alluvial deposits and undocumented fill soils. These soils are compressible and susceptible to liquefaction. In addition, slope stability analyses conducted on the project site indicate that the presence of highly fissured claystone beds within the Santiago Formation creates the potential for future slope instabilities. Without mitigation, the presence of these materials may have the potential to produce potentially significant impacts concerning unstable geologic units or soils. 8. Facts in Support of Finding (1 ). The project's potential impact associated with an unstable geologic unit or soil would be mitigated to a level less than significant with the implementation of Mitigation Measure GE0-1. C. Mitigation Measure Mitigation Measure GE0-1 (as listed above) 2.4.3 Expansive Soils A. Significant Impact. According to the geotechnical report prepared for the project, highly expansive clays exist at the project site, within relatively thin claystone beds in the Santiago Formation. Heave may occur if the expansive soils are placed or left within pavement, foundation, or slab subgrade. 8. Facts in Support of Finding (1 ). The project's potential impact associated with expansive soils would be mitigated to a level less than significant with the implementation of Mitigation Measure GE0-1. C. Mitigation Measure Mitigation Measure GE0-1 (as listed above) 2.5 Hydrology and Water Quality 2.5.1 Violation of Water Quality Standards -Construction City of Carlsbad, California January 2017 I 22 Item #5 March 14, 2017 Page 125 of 334 Poinsettia 61 Project Final EIR Findings of Fact A. Significant Impact. Implementation of the proposed project includes short-term construction activities including grading and excavation. These activities could result in potential erosion/sedimentation and discharge of construction-related hazardous materials (e.g., fuels, grease, etc.) into local storm drains. 8. Facts in Support of Finding (1). The project's potential impact associated with violation of water quality standards would be mitigated to a level less than significant with the imple_mentation of Mitigation Measure WQ-1. C. Mitigation Measure Mitigation Measure WQ-1 2.5.2 Prior to issuance of a grading permit for any phase of the development, the applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit (Order No. 2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit (R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No. CAS0109266). The applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City's grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted in the SWPPP referenced on the grading plans. BMPs that shall be installed include, but are not limited to, the following: • Silt fence, fiber rolls, or gravel bag berms; • Check dams; • Street sweeping and vacuuming; • Storm drain inlet protection; • Stabilized construction entrance/exit; • Hydroseed, soil binders, or straw mulch; • Containment of material delivery and storage areas; • Stockpile management; • Spill prevention and control; • Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil; and • Concrete waste management. Violation of Water Quality Standards -Long-term Operations A. Significant Impact. Once constructed, the proposed residential uses would likely generate certain pollutants commonly found in similar developments that could affect water quality downstream from the project site. With the inclusion of these uses, the proposed project has the potential to result in long-term impacts on water quality due to the addition of pollutants typical of urban runoff. City of Carlsbad, California January 2017 [ 23 Item #5 March 14, 2017 Page 126 of 334 Poinsettia 61 Project Final EIR Findings of Fact B. Facts in Support of Finding (1 ). The project's potential impact associated with long-term impacts on water quality would be mitigated to a level less than significant with the implementation of Mitigation Measure WQ-2. C. Mitigation Measure Mitigation Measure WQ-2 2.6 2.6.1 Prior to the issuance of grading permits or other approvals for any public or private right-of- way improvements or site development plans, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer that the proposed project has implemented an integrated Low Impact Development (LID) approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed project has incorporated LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs into the project design to the maximum extent practicable. Land Use and Planning Plan Consistency A. Significant Impact. The project site is located within the Airport Overflight Notification Area and Review Areas 1 and 2 of the Airport Influence Area for McClellan-Palomar Airport. Residential properties located in an overflight notification area may be subject to some of the annoyances or inconveniences associated with their proximity to airport operations. The Airport Land Use Compatibility Plan (ALUCP) requires that all new residential projects located within the overflight notification area be required to record a notice informing of the potential environmental impacts related to the aircraft, and the property is subject to overflight, sight and sound of aircraft operating from the McClellan-Palomar Airport. B. Facts in Support of Finding (1 ). The project's potential impact associated with residential · properties located in an overflight notification area would be mitigated to a level less than significant with the implementation of Mitigation Measure LU-1. C. Mitigation Measure Mitigation Measure LU-1 New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP shall be notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single- event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. The state statute dictates that the following statement shall be provided: NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport City of Carlsbad, California January 2017 I 24 Item #5 March 14, 2017 Page 127 of 334 Poinsettia 61 Project Final EIR Findings of Fact annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. This measure shall be implemented concurrent with the real estate disclosure package. Prior to issuance of building permits, the City of Carlsbad Planning Division shall be responsible for verification of implementation of this measure through the recordation of a Notice. 3.0 Effects Found Not to be Significant The City finds, based on the substantial evidence appearing in Chapter 7.5 of the EIR, that the following impacts on the following resources will not be significant: Mineral Resources and Recreation. Based on the analysis contained in the EIR impacts to Aesthetics/Grading (Section 5.1 ), Air Quality (Section 5.2), Greenhouse Gas Emissions (Section 5.7), Hazards and Hazardous Materials (Section 5.8), Noise (Section 5.11 ), Population/Housing (Section 5.12), Public Services (Section 5.13), Transportation (Section 5.14), Utilities and Service Systems (Section 5.15) were found to be less than significant. 4.0 Findings Regarding Feasible Alternatives Pursuant to CEQA Guidelines §15126.6(a), EIRs must "describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." The EIR considers a reasonable range of alternatives. The alternatives to the project are evaluated in Chapter 6.0 of the EIR in terms of their ability to meet the basic objectives of the project, and eliminate or .further reduce its significant environmental effects. Based on these parameters, the following alternatives were considered: (1) No Project/No Development Alternative; (2) Poinsettia Lane Only Alternative; and (3) Reduced Site Alternative. 4.1 No ProjecUNo Development Alternative This alternative assumes that the project site would remain undeveloped and vacant. This alternative also assumes that Poinsettia Lane (Reach E) would not be constructed. Under this alternative, agricultural resources, biological resources, cultural resources, geology and soils, hydrology and water quality, and land use and planning impacts associated with the project would be avoided. This alternative would not result in impacts to the remaining issue areas. However, this alternative is rejected as it would not meet any of the basic objectives of the proposed project. Specifically, this alternative would not meet these project objectives: • Implement a project which is aesthetically pleasing, compatible, and complimentary to adjacent land uses and facilities. • Implement the applicable portions of the City of Carlsbad General Plan and Zoni11g Code; and the Zone 21 Local Facilities Management Plan, as adopted by the concurrent application. • Construct Poinsettia Lane Reach "E" to complete this General Plan Mobility Element Roadway. • Add to the City's inventory of housing by providing for-sale market housing opportunities. City of Carlsbad, California January 2017 I 25 Item #5 March 14, 2017 Page 128 of 334 Poinsettia 61 Project Final EIR Findings of Fact • Development and retention of open space and wildlife habitat through the preservation and enhancement of sensitive flora and fauna consistent with the City's HMP. Therefore, the No Project/No Development Alternative is not recommended for approval. 4.2 Poinsettia Lane Only Alternative Under this alternative, no residential development would occur on the project site. The only development that would occur is the extension of Poinsettia Lane (Reach E). This alternative avoids the land use impact associated with intermittent airport overflights. Under this alternative, impacts to agricultural resources, biological resources, cultural resources, geology and soils, and hydrology and water quality would be reduced. This alternative would result in similar impacts to the remaining issue areas when compared to the proposed project. However, this alternative is rejected as it would not meet the project objective of adding to the City's inventory of housing by providing both for-sale market and for-sale affordable housing opportunities. Specifically, this alternative would not meet these project objectives: • Implement a project which is aesthetically pleasing, compatible, and complimentary to adjacent land uses and facilities. • Implement the applicable portions of the City of Carlsbad General Plan and Zoning Code; and the Zone 21 Local Facilities Management Plan, as adopted by the concurrent application. • · Add to the City's inventory of housing by providing for-sale market housing opportunities. • Development and retention of open space and wildlife habitat through the preservation and enhancement of sensitive flora and fauna consistent with the City's HMP. Therefore, the Poinsettia Lane Only Alternative is not recommended for approval. 4.3 Reduced Site Alternative Under the Reduced Site Alternative, the number of residential units would be reduced from 123 units to 62 units. The residential development would occur only in the northwestern portion of the project site. This alternative would eliminate the development of 61 dwelling units on the northeastern portion of the project site. Similar to the proposed project, this alternative also proposes the completion of Poinsettia Lane (Reach E). Under this alternative, impacts to agricultural resources, biological resources, cultural resources, geology and soils, and hydrology and water quality would be reduced. This alternative would result in similar impacts to the remaining issue areas when compared to the proposed project. This alternative would meet all of the objectives of the project; however, it is not recommended for approval because it would provide 50% less housing opportunities as compared to the proposed project, including 50% less affordable housing, thereby decreasing the City's ability to increase its inventory of housing by providing less for-sale market housing opportunities. Therefore, the Reduced Site Alternative is not recommended for approval. City of Carlsbad, California January 2017 126 Item #5 March 14, 2017 Page 129 of 334 Table 0.3-1. Poinsettia 61 Project {EIR 15-03) Mitigation Measure Type Agricultural Resources AG-1 Prior to issuance of a grading permit, PC the project applicant shall purchase 15. 71 acres of in-lieu fee mitigation credits for impacts to non-special-status communities and land cover types. This acreage is based on impacts to land identified as "Unique Farmland" on the Constraints Map approved by the City of Carlsbad, minus 2.7 acres already paid for pursuant to HMP Permit 10-02 (Poinsettia Place). Biological Resources BR-1 Prior to issuance of a grading permit, PC the applicant shall incorporate the following measures into the grading plans, final project design, and landscaping plans: • A qualified biologist shall conduct a training session for all project personnel prior to proposed activities. At a minimum, the training shall include a description of the target species of concern and its habitats, the general provisions of the Endangered Species Act (Act) and the HMP, the need to adhere to the provisions of the Act and the HMP, the penalties associated with violating the provisions of the Act, the general measures that are being implemented to conserve the target species of concern as they relate to the project, access routes, and project site boundaries within which the project activities must be accomplished. • The footprint of disturbance shall be specified in the construction plans. Construction limits will be delineated with orange fencing, and in areas potentially subject to project related runoff, silt fencing will be used to City of Carlsbad, California Monitor Schedule City of Prior to issuance of Carlsbad a grading permit Planning Division City of Prior to issuance of Carlsbad a grading permit Planning Division EXHIBIT B Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks Prior to issuance of a grading permit, the project applicant shall purchase 15. 71 acres of in-lieu mitigation credits for impacts to non-special-status communities and land cover types. Prior to issuance of a grading permit, the project applicant shall incorporate the measures listed in Mitigation Measure BR-1 into the grading plans, final project design, and landscaping plans for approval by the City, California Coastal Commission and the resource agencies (USFWS and CDFW). January 2017 I 0.3-2 Item #5 March 14, 2017 Page 130 of 334 Mitigation Measure delineate the impact footprint. All fencing will be maintained until the completion of all construction activities, at which time all fencing will be removed. All construction personnel and associates shall be instructed that their activities, vehicles, equipment, and construction materials are restricted to the proposed project footprint, designated staging areas, and routes of travel. If any impacts shall occur beyond the approved impact footprint, all work in the immediate vicinity shall cease until the disturbance limit breach has been addressed to the satisfaction of the City and resource agencies. • The upstream and downstream limits of project disturbance plus lateral limits of disturbance on either side of the riparian vegetation on site shall be clearly defined, marked in the field, and reviewed by the project biologist prior to initiation of work. Projects should be designed to avoid the placement of equipment and personnel within the riparian vegetation or on adjacent upland habitats used by target species of concern. • A water pollution and erosion control plan shall be developed that describes sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, and other factors deemed necessary by reviewing agencies. Erosion control measures shall be monitored on a regularly scheduled basis, particularly during times of heavy rainfall. Corrective measures will be implemented in the event erosion control strategies are inadequate. Sediment/erosion control City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-3 Item #5 March 14, 2017 Page 131 of 334 Mitigation Measure measures will be continued at the project site until such time as the revegetation efforts are successful at soil stabilization. • The qualified project biologist shall review grading plans (e.g., all access routes and staging areas), and monitor construction activities throughout the duration of grading/ground disturbance associated with the project to ensure that all practicable measures are being employed to avoid incidental disturbance of habitat and any target species of concern outside the project footprint. • Construction monitoring reports shall be completed and provided to the City summarizing how the project is in compliance with applicable conditions. The project biologist should be empowered to halt work activity if necessary and to confer with City staff to ensure the proper implementation of species and habitat protection measures. • Any habitat destroyed that is not in the identified project footprint shall be disclosed immediately to the City, USFWS, CDFW, and CCC and shall be compensated at a minimum ratio of 5:1. • Access to and from the site will be located along existing access routes or disturbed areas to the greatest extent possible. All access routes outside of existing roads or construction areas will be clearly marked. • Construction employees will limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-4 Item #5 March 14, 2017 Page 132 of 334 Mitigation Measure • Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with minimal risk of direct drainage into riparian areas or other sensitive habitats, and at least 100 feet from waters of the United States. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. All necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. All project-related spills of hazardous materials shall be reported to the City and shall be cleaned up immediately and contaminated soils removed to approved disposal areas. • When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing or other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from re-entering the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream. • Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks. • Construction through sensitive areas shall be scheduled to minimize potential impacts to biological resources. Construction adjacent to drainages should occur during periods of minimum City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-5 Item #5 March 14, 2017 Page 133 of 334 Mitigation Measure flow (i.e., summer through the first significant rain of fall) to avoid excessive sedimentation and erosion and to avoid impacts to drainage- dependent species. Construction near riparian areas or other sensitive habitats should also be scheduled to avoid the breeding season (January 1 through September 15) and potential impacts to breeding bird species. • Fugitive dust will be avoided and minimized through watering and other appropriate measures. • If dead or damaged listed species are located, initial notification must be made within three working days, in writing, to the USFWS Division of Law Enforcement in Torrance, California, and by telephone and in writing to the applicable jurisdiction, Carlsbad Field Office of the USFWS, and CDFW. • Exotic species that prey upon or displace target species of concern shall be permanently removed from the site. • To avoid attracting predators of the target species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site(s). Pets of project personnel shall not be allowed on site where they may come into contact with any listed species. • The City of Carlsbad has the right to access and inspect any s_ites of approved projects including any restoration/enhancement area for compliance with project approval conditions including these BMP. The USFWS and CDFW may accompany City representatives on this inspection. City of Carlsbad, California Type Monitor Schedule - Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 ] 0.3-6 Item #5 March 14, 2017 Page 134 of 334 Mitigation Measure Type BR-2 Prior to issuance of a grading permit, PC the following items will be provided to and approved by the City and/or the Preserve Steward: • Plans for fencing, drainage, restoration and other activities that might directly or indirectly impact sensitive habitats or species; the plans will document compliance with Adjacency Standards, if applicable (HMP P. F-16). • Plans for landscaping adjacent to natural habitat will include the following stipulations: (1) no invasive exotic plant species (Lists A and B of the Cal-lPC exotics list) will be used in landscaping; (2) no plants that require excessive irrigation, fertilizers, or pesticides will be used in landscaping; and (3) irrigation of landscaping within 200 feet of a hardline boundary will be controlled to prevent runoff into the preserve. • Fencing plans will describe the type and location of fencing, including (a) permanent fencing along any urban/wildlands interface to deter unauthorized access (if deemed necessary by the City), (b) permanent fencing to direct animals toward wildlife undercrossings and away from traffic, and (c) temporary fencing to delineate the construction footprint, impact zones within the footprint, protected areas, and no-construction buffer zones. BR-3 If construction occurs during the bird PC breeding season (January 1 -September 15), a qualified biologist shall conduct pre-construction surveys for active migratory bird nests including raptor nests. The survey shall begin not more than three days prior to the beginning of grading activities. The USFWS will be notified at least seven days before clearing and City of Carlsbad, California Monitor Schedule City of Prior to issuance of Carlsbad a grading permit Planning Division City of Prior to construction Carlsbad Planning Division Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to issuance of a grading permit, the project applicant shall submit the following items to the City and/or the Preserve Steward for approval: plans for fencing, drainage, restoration and other activities that might directly or indirectly impact sensitive habitats or species. If construction occurs during the bird breeding season (February 15- September 15), a qualified biologist shall conduct pre-construction surveys for active migratory bird nests including raptor nests. The biologist will immediately report to USFWS the number and location of Remarks January 2017 I 0.3-7 Item #5 March 14, 2017 Page 135 of 334 Mitigation Measure Type grubbing begins. During this activity, a qualified biologist will walk the area ahead of construction equipment to flush birds away from impact areas. The biologist will immediately report to USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcatchers will be injured or killed. BR-4 A qualified biologist will conduct a PC focused species gnatcatcher survey in appropriate habitat within and surrounding the project area. The surveys will consist.of three visits, one week apart; the last of these will be conducted no more than three days prior to construction. Surveys will also be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to the least Bell's vireo) and within an additional 500-foot survey buffer within 3 days of construction. The USFWS will be notified immediately of any federally listed species that are located during preconstruction surveys. If nests of listed birds, migratory birds, raptors, or other sensitive species are located, they will be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity will be prohibited within this area. During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60 dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented, such as noise barriers, screens, and/or noise attenuation blankets. BR-5 On-site restoration within potential PC temporary impact areas shall be based on preconstruction habitat conditions evaluated by a qualified biologist within three months of City of Carlsbad, California Monitor Schedule City of Prior to construction Carlsbad Planning Division City of Prior to issuance of Carlsbad a grading permit Planning Division Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date any federally listed birds disturbed by clearing and grubbing. Prior to construction, a qualified biologist will conduct a focused species gnatcatcher survey in appropriate habitat within and surrounding the project area. Surveys will also be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to the least Bell's vireo) and within an additional 500-foot survey buffer within 3 days of construction. The on-site biologist shall provide a written report to the City Planning Division stating whether species were observed within 500 feet of proposed grading activities. Prior to issuance of a grading permit, the project applicant shall submit a restoration plan) to be reviewed and approved by the City Remarks January 2017 I 0.3-8 Item #5 March 14, 2017 Page 136 of 334 Mitigation Measure Type impact. Based on a current evaluation, restoration of temporary impacts are estimated to include coyote brush scrub (0.2 acre Poinsettia Lane) and southern maritime chaparral (0.4 acre Residential Development and 0.2 acre Poinsettia Lane). As with habitat creation and enhancement sites, the restoration of temporary impacts shall be evaluated and designed through preparation of a Restoration Plan, consistent with MHCP Volume II, Appendix C (Revegetation Guidelines), to be reviewed and approved by the City Planner, in consultation with the USFWS, CDFW, and CCC. An approved habitat restoration specialist will be designated and will determine the most appropriate method of restoration. Restoration techniques, as specified in the Restoration Plan, may include hydroseeding, hand-seeding, imprinting, and soil and plant salvage. The Habitat Restoration Plan shall also include criteria to measure success and describe how monitoring of revegetation efforts will be implemented. At the completion of project construction, all construction materials shall be removed from the site. Additionally, if deemed necessary, any topsoil located in areas to be restored would be conserved and stockpiled during the excavation process for use in the restoration process. BR-6 Pursuant to the HMP, a mitigation ratio PC of 3:1 shall be applied to permanent impacts to 6.3 acres of southern maritime chaparral. Mitigation is required in the form of habitat restoration as well as preservation. Habitat restoration must achieve no-net-loss per special-status vegetation community/habitat type (at least 1 :1 restoration to impact ratio regardless of the total mitigation ratio). Habitat restoration (i.e., creation and substantial restoration) totaling 6.3 acres and habitat City of Carlsbad, California Monitor Schedule City of Prior to issuance of Carlsbad a grading permit Planning Division Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Planner, in consultation with the USFWS, CDFW, and CCC. Prior to issuance of a grading permit, the project applicant shall submit mitigation plans for impacts to southern maritime chaparral to the City for approval. The project applicant shall submit a Restoration Plan to be reviewed and approved by the City, in consultation with the USFWS, CDFW, and the CCC. Remarks January 2017 I 0.3-9 Item #5 March 14, 2017 Page 137 of 334 Mitigation Measure preservation totaling 12.6 acres (or equivalent) shall be evaluated and designed through preparation of a Restoration Plan to be reviewed and approved by the City Planner, in consultation with the USFWS, CDFW, and the CCC. The Restoration Plan shall also demonstrate a minimum 5.1-acre addition in the HMP Preserve area (which may co-occur with habitat restoration areas). Additions of greater than 5.1 acres of HMP Preserve may be credited towards the habitat preservation requirement. · The project applicant will submit final habitat restoration plans to the City and/or Agencies for review at least 30 days prior to initiating project impacts. The Restoration Plan shall be prepared and implemented consistent with MHCP Volume II, Appendix C (Revegetation Guidelines, pages C-1 to C-2), and Volume Ill; HMP pp. F-8 to F-11; and Open Space Management Plan Section 3.1.5. The Restoration Plan shall, at a minimum, include an evaluation of restoration suitability specific to proposed habitat types, soil and plant material salvage/translocation, planting and seeding lists, discussion of irrigation, maintenance and monitoring program, and success criteria. All areas shall be monitored for a minimum of 5 years to ensure establishment of intended plant communities. Due to the fact that the availability and acceptability of mitigation, including the type and amount of credit, may change between preparation of this EIR and final permit issuance for the proposed project (including review and approval by resource agencies), a number of mitigation options (presented in EIR Table 5.4-13) have been identified. Any combination of these mitigation options may ultimately be used to meet the mitigation requirements set forth in the Carlsbad HMP. City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-10 Item #5 March 14, 2017 Page 138 of 334 Mitigation Measure On-site Mitigation A Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report) describes the following three categories of restoration/mitigation: • Habitat establishment (i.e., creation) within existing disturbed lands. These areas are locations within the open space area that are currently composed of either disturbed habitat, agriculture land, ornamental areas, eucalyptus woodland, or ruderal land, which can be converted to native habitat through minor grading and the specified restoration efforts. • Habitat restoration within existing habitat areas, that have low native cover either from previous disturbances, or insufficient natural re-establishment after the 2014 Poinsettia Fire. These areas are located within the open space area, not including areas within existing utility or road easements, where there was severe damage from the 2014 Poinsettia Fire and where minimal native vegetation re-establishment is occurring, and/or where previous site disturbances have reduced native cover, or has opened up the areas to non-native weed and exotic species invasion. Within these areas, restoration is possible through the removal of trash and debris, eradication of weeds and non-native/exotic species and through supplemental planting of native shrub and understory plants, coupled with seeding with appropriate native species to help restore these areas to sustainable native habitat. • Substantial restoration within previously disturbed habitat areas, City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-11 Item #5 March 14, 2017 Page 139 of 334 Mitigation Measure homeless encampments, trash and debris areas, and previous trails to be abandoned. These areas are located within the open space area, not including areas within existing utility or road easements, where previous disturbance from homeless encampments and damage from significant trash and debris piles is expected to limit the re-establishment of native vegetation following the 2014 Poinsettia Fire. Current assessments are inconclusive regarding the degree to which these areas will passively re- establish with native habitat. • Within these areas, substantial restoration is possible through the conversion of these areas to more pristine native habitat through the planting of native trees, shrub and understory plants, coupled with seeding with appropriate native species to help restore these areas to sustainable native habitat. For purposes of the information shown in EIR Table 5.4-12 and as documented in the Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report), it is assumed the 100% creation credit is recognized for habitat establishment within existing disturbed lands; the percent creation/substantial restoration. credit for habitat restoration within areas of low native cover is based on the actual area of bare ground/invasive species; and an additional 25% of the historically disturbed lands would qualify for creation/substantial restoration credit. The second and third categories may alternatively be recognized as preservation credit. Also, as documented in the Conceptual Restoration Plan, a portion of the onsite restoration plan City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-12 Item #5 March 14, 2017 Page 140 of 334 Mitigation Measure includes southern maritime chaparral -live oak woodland and southern maritime chaparral - wetland transition areas, as appropriate areas on site. It is assumed that these areas be credited to the southern maritime chaparral 1 : 1 no-net loss restoration requirement on the basis that these communities integrate with southern maritime chaparral on-site and contribute to the overall ecological function of southern maritime chaparral. Off-site Kevane Parcels The Conceptual Restoration Plan (Dudek 2016, Appendix D of Biological Technical Report) also includes proposed restoration of two off-site Kevane parcels (APNs 215-050-45 and -46) (as shown in EIR Figure 5.4-9), using the same restoration treatments and mitigation credits as discussed above for on-site open space. These two off-site parcels would also be eligible for southern maritime chaparral preservation credits, for any acreage not accounted for in the restoration plan or as mitigation for HMP Preserve acreage. The property would be incorporated into the on- site restoration program and conserved in a manner consistent with the on-site open space including the requirements stated above regarding an approved Restoration Plan. Veteran's Park A total 3.1 acres of land may be added to the HMP'Preserve at Veteran's Park (as shown in EIR Figure 5.4-10). The exact location has not been identified at this time because the City is currently evaluating the site for park development. The site mostly supports coastal sage scrub and annually maintained nonnative grassland; disturbed areas within the final mitigation area would be restored with coastal sage scrub. There is some southern maritime chaparral in the vicinity but all of the open space directly adjacent to the mitigation area is City of Carlsbad, California Type Monitor Schedule i Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-13 Item #5 March 14, 2017 Page 141 of 334 Mitigation Measure occupied by coastal sage scrub. Given the coastal location of this habitat and the use of similar species that use southern maritime chaparral, this would be considered as mitigation for southern maritime chaparral impacts. For purposes of information shown in EIR Table 5.4-13, it is assumed that all 3.1 acres are currently disturbed and would be restored to coastal sage scrub and therefore recognized as creation/substantial restoration mitigation credit. This area would add 3.1 acres of the HMP Preserve, therefore counting towards the HMP Preserve (no-net-loss) requirement. An additional 3.1 acres of land at Veteran's Park, within the existing HMP Preserve, is also suitable for habitat creation/substantial restoration. The majority of the area is currently annual grassland and suitable for coastal sage scrub creation along the western edge of the HMP Preserve. Additional pockets of disturbed land occur in the central and eastern portion of the HMP Preserve between areas of existing coastal sage scrub and southern maritime chaparral. These areas may be restored and credited towards the habitat creation or preservation requirements of the project. Aviara Community Park Aviara Community Park is located less than one mile northwest of the project and currently supports north-facing slopes and hillsides with southern maritime chaparral that is not within the HMP Preserve. As shown in EIR Figure 5.4- 11, a 5.5-acre area has been identified to be added to the HMP Preserve (thus contributing to the HMP Preserve [no-net-loss] requirement). This area consists of 2.0 acres of highly disturbed southern maritime chaparral (less than 20% native cover) and 3.5 acres of existing southern maritime chaparral that is either undisturbed or has limited areas of disturbance (greater than 80% native cover). City of Carlsbad, California Type Monitor ~chedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-14 Item #5 March 14, 2017 Page 142 of 334 Mitigation Measure An additional 2.1 acres of manufactured slope with existing ornamental vegetation is suitable for restoration with coastal sage scrub species, would provide an enhanced buffer between the park and HMP Preserve, and therefore could be credited towards the preservation credit. This area would not be added to the HMP Preserve, as manufactured slopes are generally not included in the Preserve. Reiter Parcel A 10.2-acre parcel south of the Poinsettia project is currently undeveloped and mapped as a Standards Area. If conserved and restored in a manner consistent with the on-site open space, this parcel is estimated to provide 1.5 acres of creation/substantial restoration credit, with the remaining 8.7 acres of land credited as preservation (as shown in EIR Figure 5.4-12). Conservation of this entire parcel and retirement of development potential would expand the HMP Preserve by 2.5 acres. Viadana/Pavoreal HOA These two Homeowner's Association-owned HMP Preserve open space areas total 20.7 acres (as shown in EIR Figure 5.4-13) but are not under formal HMP Preserve management because their dedication pre-dates the HMP and no long-term management funding has been established. The property may be eligible for mitigation credit if the Applicant establishes an adequate Preserve Management Plan and restores disturbed areas within the 20.7"acre property. It is estimated that the properties support approximately 2.0 acres of disturbed areas that could be credited towards the habitat creation/substantial restoration requirement, with the remainder of the parcel being credited towards the habitat preservation requirement at a 0.5:1 ratio (i.e., 50% credit). Carlsbad Oaks Conservation Bank Approximately 24 acres of credit remain unallocated at the Carlsbad Oaks Conservation City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-15 Item #5 March 14, 2017 Page 143 of 334 Mitigation Measure Bank. The bank is located north of Palomar Airport Road and east of El Camino Real and thus outside of the coastal zone, but does support a variety of habitat including southern maritime chaparral, southern mixed chaparral, coastal sage scrub, and oak woodlands. Credits may be used to satisfy the habitat preservation requirements, subject to agency approval. Other Restoration in City-Owned HMP Preserve Similar to habitat restoration proposed within the existing HMP Preserve at Veteran's Park, additional City-owned HMP Preserve lands may be identified to provide additional mitigation credits towards the habitat creation/substantial restoration and/or habitat preservation requirements. Such restoration would be subject to the requirements of BR-6. Other Private Property Acquisition Similar to purchase and conservation of the Reiter Parcel, additional private property(ies) may be purchased and conserved consistent with the requirements of BR-6 and provide additional mitigation credits towards the habitat creation/substantial restoration, habitat preservation, and/or HMP Preserve requirements. Prior to the issuance of a grading permit or clearing of any habitat, the project applicant shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot which is being conserved for natural habitat in conformance with the City's HMP: a. Prior to recordation of the approved final tract map, the applicant shall record a Conservation Easement, as defined by California Civil Code Section 815.1 or other protective measure over all on-site and off-site mitigation land. City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-16 Item #5 March 14, 2017 Page 144 of 334 Mitigation Measure b. Provide proof that appropriate type and acreage of land or mitigation credits have been purchased at an approved mitigation bank or other site for off-site mitigation. C. Select a qualified conservation entity to manage the conserved land. d. Prepare a Property Analysis Record (PAR) to estimate costs of in perpetuity management and monitoring. e. Provide a non-wasting endowment based on the PAR to sufficiently cover the costs of in-perpetuity management and Monitoring. f. Prepare a Preserve Management Plan, pursuant to the guidelines set forth in Section F(2) and Section F(3) of the Carlsbad HMP (November 2004) and the Guidelines for Preserve Management (July 2009). In addition, given the recent fire on the property, a Post-Fire Habitat Recovery Stewardship Plan shall be prepared and implemented to ensure the recovery of pre-existing native vegetation communities to the extent feasible. BR-7 Prior to issuance of a grading permit, the applicant shall incorporate the following measure into the grading plans, final project design, and landscaping plans: • Lighting in or adjacent to the preserve will not be used, except where essential for roadway, facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to natural habitat will be shielded and/or directed away from habitat. City of Carlsbad, California Type Monitor Schedule PC City of Prior to issuance of Carlsbad a grading permit Planning Division Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to issuance of grading permit, the project applicant shall incorporate the measure listed in Mitigation Measure BR-7 into the · grading plans, final project design, and landscaping plans for approval by the City. Remarks January 2017 I 0.3-17 Item #5 March 14, 2017 Page 145 of 334 Mitigation Measure Type BR-8 Prior to issuance of a grading permit, PC the following item will be provided to and approved by the City and/or the Preserve Steward: • Plans for lighting that might directly or indirectly impact sensitive habitats or species; the plans will document compliance with Adjacency Standards, if applicable (HMP P. F-16). Cultural Resources CR-1 The following shall be implemented to PC minimize impacts to subsurface tribal cultural resources: • Prior to the commencement of ground disturbing activities, the project developer shall enter into a Pre- Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseiio tribe. This agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseiio Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseiio Native American monitors and the archaeologist. A copy of said agreement shall be provided to the City of Carlsbad prior to the issuance of a grading permit. • A Luiseiio Native American monitor shall be present during all ground disturbing activities that may impact native soils. Ground disturbing activities may include, but are not limited to, archaeological studies, geotechnical investigations, clearing, grubbing, City of Carlsbad, California Monitor Schedule City of Prior to issuance of Carlsbad grading permit Planning Division City of Prior to construction Carlsbad Planning Division Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to issuance of grading permit, the project applicant shall submit lighting plans to the City and/or Preserve Steward for review and approval. As a result of consultation with the San Luis Rey Band of Mission Indians, prior to the commencement of ground disturbing activities, the measures identified in Mitigation Measure CR-1 will be implemented. A copy of the Pre-Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseiio tribe shall be provided to the City of Carlsbad prior to the issuance of a grading permit. Remarks January 2017 I 0.3-18 Item #5 March 14, 2017 Page 146 of 334 Mitigation Measure trenching, excavation, preparation for utilities and other infrastructure, and grading activities. • Any and all uncovered artifacts of Luisefio Native American cultural importance shall be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated. • The Luisefio Native American monitor shall be present at the project's preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as consult with the principal archaeologist concerning the proposed archaeologisttechniques and/or strategies for the project. • Luisefio Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If tribal cultural resources are discovered during construction, all earth moving activity within and around the immediate discovery area must be diverted until the Luisefio Native American monitor and the archaeologist can assess the nature and significance of the find. • If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be notified and consulted regarding the respectful and dignified treatment of those resources. Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred method of preservation for City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 J 0.3-19 Item #5 March 14, 2017 Page 147 of 334 Mitigation Measure archaeological and tribal cultural resources. If however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resource is infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan. • When tribal cultural resources are discovered during the project, if the archaeologist collects such resources, a Luisefio Native American monitor must be present during any testing or cataloging of those resources. All collections made by archaeologists will be collected and treated following the guidelines and regulations set forth under 36 CFR 79, Federal regulations for collection of cultural materials. If the archaeologist does not collect the tribal cultural resources that are unearthed during the ground disturbing activities, the Luisefio Native American monitor, may in their discretion, collect said resources and provide them to the San Luis Rey band of Mission Indians for dignified and respectful treatment in accordance with their cultural and spiritual traditions. • If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Diego County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-20 Item #5 March 14, 2017 Page 148 of 334 Mitigation Measure a final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luisefio Native American monitor shall be present during the examination of the remains. If the San Diego County Coroner determines the remains to be Native American, the Native American Heritage Commission (NAHC) must be contacted within 24 hours. The NAHC must then immediately notify the "Most Likely Descendant" of receiving notification of the discovery. The Most Likely Descendant shall then make recommendations within 48 hours, and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98. • In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural resources and documented as such. If fill material is to be utilized and/or exported from areas within the project site, then that fill material shall be analyzed and confirmed by an archaeologist and Luisefio Native American monitor that such fill material does not contain tribal cultural resources. • No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources without the written permission of the San Luis Rey Band of Mission Indians. • Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusions of the monitoring program shall be submitted by the archaeologist, along City of Carlsbad, California Type Monitor Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-21 Item #5 March 14, 2017 Page 149 of 334 Mitigation Measure Type Monitor with the Luisefio Native American monitor's notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. CR-2 A qualified paleontologist shall monitor PC City of all grading that includes initial cutting into any Carlsbad area of the project site as the project site sits on Planning paleontologically sensitive Santiago Formation Division deposit. If any paleontological resources are identified during these activities, the paleontologist shall temporarily divert construction until the significance of the resources is ascertained. CR-3 Paleontological monitoring shall occur PC City of only for those undisturbed sediments wherein Carlsbad fossil plant or animal remains are found with no Planning associated evidence of human activity or any Division archaeological context. CR-4 Paleontological monitors shall be PC City of equipped to salvage fossils as they are Carlsbad unearthed to avoid construction delays, and to Planning remove samples of sediments which are likely Division to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or City of Carlsbad, California Schedule During construction activities During construction activities During construction activities Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full with Mitigation Measure CR-2 during construction of the project. Evidence of a contractor with a qualified paleontologist to carry out the monitoring shall be provided to the City Planning Division. During construction, a qualified paleontologist shall monitor all grading that includes initial cutting into any area of the project site. Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context. Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove Remarks January 2017 I 0.3-22 Item #5 March 14, 2017 Page 150 of 334 Mitigation Measure Type Monitor Schedule large specimens. Monitoring may be reduced if the potentially fossiliferous units described above are not present or if the fossiliferous units present are determined by a qualified paleontological monitor to have low potential to contain fossil resources. CR-5 All recovered specimens shall be PC City of During construction prepared to a point of identification and Carlsbad activities permanent preservation, including washing of Planning sediments to recover small invertebrates and Division vertebrates. CR-6 Specimens shall be identified and PC City of During construction curated into an established, accredited, Carlsbad activities professional museum repository with Planning permanent retrievable storage. The Division paleontologist shall have a written repository agreement in hand prior to the initiation of mitigation activities. CR-7 A report shall be completed describing PC City of During construction the methods and results of the paleontological Carlsbad activities monitoring and data recovery program. Planning Division City of Carlsbad, California Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that all recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that specimens shall be identified and curated into an established, accredited, professional museum repository with permanent retrievable storage. The paleontologist shall have a written repository agreement in hand prior to the initiation of mitigation activities. Post paleontological monitoring, a qualified paleontologist shall complete a report describing the methods and results of the monitoring and data recovery program. The Planning Division shall verify that the report has been submitted. Remarks January 2017 I 0.3-23 Item #5 March 14, 2017 Page 151 of 334 Mitigation Measure CR-8 If human remains are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponents and its agents must comply with Public Resources Code (PRC) 5097.98 and California Health and Safety Code 7050.5. a) The discovery location will be protected and secured from further disturbance. b) The Archaeological Project Manager will contact the San Diego County Medical Examiner. c) If the remains are determined by the Medical Examiner or an authorized representative to be Native American, the Medical Examiner will contact the NAHC. d) The NAHC will designate and contact the Most Likely Descendant (MLD). e) The property owner will provide the MLD with access to the discovery location, which will have been protected from damage. f) The MLD will make a recommendation for treatment of the remains within 48 hours. The descendants' preferences for treatment may include the following: i) The nondestructive removal and analysis of human remains and items associated with Native American human remains. ii) Preservation of Native American human remains and associated items in place. iii) Relinquishment of Native American human remains and associated items to the descendants for treatment. City of Carlsbad, California Type Monitor Schedule PC City of During construction Carlsbad activities Planning Division Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date If human remains are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponents and its agents must comply with Public Resources Code (PRC) 5097.98 and California Health and Safety Code 7050.5. Remarks January 2017 I 0.3-24 Item #5 March 14, 2017 Page 152 of 334 Mitigation Measure iv) Other culturally appropriate treatment. g) If the MLD does not make a recommendation within 48 hours, or if the recommendations are not acceptable to the property owner following extended discussions and mediation, the property owner will reinter the remains and burial items with appropriate dignity on the property, in a location not subject to further subsurface disturbance. The location of reinterment will be protected by at least one of the three following measures: i) Record the location with the NAHC or the SCIC. ii) Utilize an open space or conservation zoning designation or easement. iii) Record a document with San Diego County. h) If multiple human remains are found, extended discussions will be held with the MLD. If agreement on the treatment of these remains is not reached, they will be reinterred in compliance with PRC 5097.98(e). i) If Native American remains are discovered during ground disturbance and are positively identified as such by a representative of the County Medical Examiner, they will be kept in situ, or in a secure location in close proximity to where they were found, and any analysis of the remains will occur only on-site in the presence of a Luisefio Native American monitor. City of Carlsbad, California Type Monitor · Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 I 0.3-25 Item #5 March 14, 2017 Page 153 of 334 Mitigation Measure Geology/Soils . GE0-1 Prior to approval of final engineering and grading plans for the project, the City shall verify that all recommendations contained in the Report of Geotechnical Investigation for the Poinsettia 61 Development prepared by Group Delta Consultants, Inc. (November 20, 2014) have been incorporated into all final engineering and grading plans. The City's soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan compliance with the recommendations of the report. All future grading and construction of the project site shall comply with the geotechnical recommendations contained in the geotechnical report. The report identifies specific measures for mitigating geotechnical conditions on the project site, and addresses grading, slope stability, foundations, concrete slabs-on-grade, and earth retaining walls. City Standard Conditions of Approval In addition to Mitigation Measure GE0-1 identified above, the project will be required to comply with the following city standard Conditions of Approval: • The proposed project shall comply with the City's Excavation and Grading Ordinance (§15.16, Carlsbad Municipal Code). • Grading information shall be submitted for review by the City with each subdivision map. Grading shall comply with grading standards and manufactured slope revegetation requirements of the City. • All applicable federal, state, and local permits regarding drainage shall be obtained. Such permits include. the National Pollution Discharge Elimination System (NPDES) permit from the Regional Water Quality Control Board. City of Carlsbad, California Type Monitor Schedule PD& City of Prior to issuance of PC Carlsbad a grading permit Engineering Division Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to issuance of a grading permit, the City's soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan compliance with the recommendations of the report. In addition, the City's Engineering Division shall verify that the project complies with the City Standard Conditions of Approvals, as listed in Mitigation Measure GE0-1. Remarks January 2017 I 0.3-26 Item #5 March 14, 2017 Page 154 of 334 Mitigation Measure • Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance with the City's grading and erosion control requirements (Municipal Code §15.16. et seq.). The locations of all erosion control devices shall be noted on the grading plans. • All grading permits issued authorizing grading during the rainy season (November 16 of any year to April 14 of the following year), shall require the installation of all erosion and sedimentation control protective measures in accordance with city standards. Erosion and runoff control measures shall be designed and bonded prior to approval of grading permits by the City. • All permanent slopes shall be planted with erosion control vegetation, drained and properly maintained to reduce erosion within 30 days of completion of grading. Erosion control and drainage devices shall be installed in compliance with the requirements of the City. • All erosion and sedimentation control protective measures shall be maintained in good working order throughout the duration of the rainy season unless it can be demonstrated to the City Engineer that their removal at an earlier date will not result in any unnecessary erosion of or sedimentation on public or private properties. Hydrology and Water Quality WQ-1 Prior to issuance.of a grading permit for any phase of the development, the applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a City of Carlsbad, California Type Monitor Schedule PD& City of Prior to issuance of PC Carlsbad a grading permit for Engineering any phase of the Division development. Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Prior to issuance of a grading permit for any phase of the development, the project applicant shall prepare and submit for review Remarks January 2017 J 0.3-27 Item #5 March 14, 2017 Page 155 of 334 Mitigation Measure SWPPP to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit (Order No. 2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit (R9-2013-0001, as amended by Order Nos. R9- 2015-0001 and R9-2015-0100, NPDES No. CAS0109266). The applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the City's grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted in the SWPPP referenced on the grading plans. BMPs that shall be installed include, but are not limited to, the following: • Silt fence, fiber rolls, or gravel bag berms; • Check dams; • Street sweeping and vacuuming; • Storm drain inlet protection; • Stabilized construction entrance/exit; • Hydroseed, soil binders, or straw mulch; • Containment of material delivery and storage areas; • Stockpile management; • Spill prevention and control; • Waste management for solid, liquid, hazardous, and sanitary waste- contaminated soil; and • Concrete waste management. WQ-2 Prior to the issuance of grading permits or other approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare City of Carlsbad, California Type Monitor Schedule PD& City of Prior to issuance of PC Carlsbad a grading permit. Engineering Division Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date and approval of the Carlsbad City Engineer, a SWPPP to control pollutants in compliance with the City's Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit, and the General Municipal Stormwater Permit. The applicant shall be responsible for BMP erosion control measures on a weekly basis. Prior to the issuance of a grading permit or other approvals for any public or private right-of-way improvements or site development Remarks January 2017 I 0.3-28 Item #5 March 14, 2017 Page 156 of 334 Mitigation Measure Type and submit for review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer that the proposed project has implemented an integrated Low Impact Development (LID) approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed project has incorporated LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs into the project design to the maximum extent practicable. Land Use Planning LU-1 New residents within the McClellan-PD & Palomar Airport Overflight Notification Area as PC defined by the ALUCP shall be notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. The state statute dictates that the following statement shall be provided: NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. City of Carlsbad, California Monitor Schedule City of Prior to issuance of Carlsbad a building permit Planning Division Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date plans, the project applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual. Prior to issuance of a building permit, the City of Carlsbad Planning Division shall verify through the recordation of a Notice that new residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALCUP are notified as part of the real estate disclosure package that the project site is outside the 60dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. Remarks January 2017 I 0.3-29 Item #5 March 14, 2017 Page 157 of 334 Mitigation Measure Type Monitor This measure shall be implemented concurrent with the real estate disclosure package. Prior to issuance of building permits, the City of Carlsbad Planning Division shall be responsible for verification of implementation of this measure through the recordation of a Notice. City of Carlsbad, California Schedule Poinsettia 61 Project Final EIR 0.3 Mitigation Monitoring and Reporting Program Verification of Compliance Compliance Action Initial Date Remarks January 2017 \ 0.3-30 Item #5 March 14, 2017 Page 158 of 334 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. 7225 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE AND COMMUNITY DESIGN ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN FROM R-4 RESIDENTIAL AND OPEN SPACE TO R-8 RESIDENTIAL AND OPEN SPACE {OS} AND TO ADJUST BOUNDARIES OF OPEN SPACE; A ZONE CHANGE FROM ONE FAMILY RESIDENTIAL {R-1} AND OPEN SPACE TO RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE; AND A LOCAL COASTAL PROGRAM LAND USE AMENDMENT AND ZONE CHANGE TO REFLECT THE PROPOSED GENERAL PLAN LAND USE AND ZONING FOR A 50.8-ACRE SITE AND 10-ACRE MITIGATION SITE LOCATED SOUTH OF CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND EASTERN SEGMENTS OF POINSETIIA LANE, AND EAST OF AMBROSIA LANE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: POINSETIIA 61 CASE NO: GPA 14-06/ZC 14-04/LCPA 14-06 WHEREAS, Lennar Homes of California, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, "Owner," described as a Portion of the Southwest Quarter of the Southwest Quarter of Section 23 and a Portion of the Northwest Quarter of the Northwest Quarter of Section 26, both of Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Unites States Government Survey thereof ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment as shown on Exhibits "GPA 14-06", "ZC 14-04", and "LCPA 14-06" dated February 1, 2017, attached hereto and on file in the Carlsbad Planning Division, POINSETTIA 61 -GPA 14-06/ZC 14-04/LCPA 14-06, as provided in Government Code Section 65350 et. seq. and Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the proposed Zone Change and Local Coastal Program Zone Change are set forth in the draft City Council Ordinance, EXHIBIT "X" dated February 1, 2017, and attached hereto as ZC 14-04/LCPA 14-06-POINSETTIA 61; and Item #5 March 14, 2017 Page 159 of 334 1 2 3 4 5 6 7 8 9 10 WHEREAS, the Planning Commission did, on February 1, 2017, 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 General Plan Amendment, Zone Change, and Local Coastal Program Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A. B. That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of POINSETTIA 61-GPA 14-06/ZC 14-04/LCPA 14-06, based 11 on the following findings: 12 Findings: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The Planning Commission of the City of Carlsbad does hereby find: A. B. it has reviewed, analyzed and considered Final EIR 15-03, the environmental impacts therein identified for this project; the CEQA Findings; the Statement; and the Program prior to RECOMMENDING APPROVAL of the project; the Final EIR 15-03, the CEQA Findings, the Program and the Statement have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad; and C. they reflect the independent judgment of the City of Carlsbad Planning Commission. General Plan Amendment, GPA 14-06 2. 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 February 1, 2017, including, but not limited to the following: A. The project is consistent with the Land Use and Community Design Element in that it is. compatible with existing surrounding development and open space, and is in proximity to nearby services. The change in land use to R-8 allows for a planned unit development of detached single family condominiums that are clustered to maximize and preserve open space areas around the development. The northern portion of the project site to be developed with 123 detached single-family residential units is below the GMCP for the existing land use designation and is consistent with the R~8 General Plan land use designation. The project is consistent with the Housing Element and lnclusionary Housing Ordinance because the project includes 15 on-site accessory dwelling units attached to the main home, and the purchase of four affordable housing credits in the southwest quadrant. PC RESO NO. 7225 -2-Item #5 March 14, 2017 Page 160 of 334 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 B. C. D. The project is consistent with the Mobility Element in that it will complete the last remaining section of Poinsettia Lane ("Reach E") which is one of the City's most important transportation linkages. The completion of Poinsettia Lane will improve the connectivity of existing residential communities located on both current termini of Poinsettia Lane. With the completion of the Poinsettia Lane extension, the existing bike lane on Poinsettia Lane will extend through the project and connect from Carlsbad Boulevard to Melrose Drive. The main entry into the development will be via a full- access intersection, and the design also includes secondary accesses to Poinsettia Lane. The main internal streets and drive aisle will provide safe sidewalk access to Poinsettia Lane. A trail will also be provided within the SDG&E easement extending south through the project. Bus turnouts are provided within the project frontage on the eastbound and westbound sides of Poinsettia Lane. The project is consistent with the Noise Element in that the project's traffic will not have any significant noise impacts on off-site land uses, and the project's perimeter walls will preclude noise exceeding 60 dBA (the City's CNEL exterior noise standard) in outdoor active use area.s. All on-site residential buildings/structures that are directly adjacent to Poinsettia Lane will have mechanical ventilation systems to meet the 45 dBA CNEL interior noise standard for noise-sensitive uses. The project site is located outside of the 60 dBA CNEL noise contours generated by typical McClellan-Palomar Airport operations. The homes will be located within the Airport Overflight Notification Area for the airport, so the project will record a notice informing future residents that the property is subject to overflight, sight and sound of aircraft operating from the airport. The project is consistent with the Public Safety Element in that it will implement requirements related to its location within a Very High Fire Hazard Severity Zone. The project is located in proximity to El Camino Real, which is designated as an emergency access or emergency evacuation route under the City's Emergency Plan. Completing Reach E of Poinsettia Lane improves emergency access and evacuation routes in the area. The project site is within the five minute response time of Fire Station 2, located less than one mile southeast of the project site, and Fire Station No. 4, located approximately 1.4 miles west of the project site. A Conceptual Fire Protection Plan has been prepared for the project to demonstrate how the proposed project will conform to the policies and requirements of the Landscape Manual, particularly the Fire Policies and Fire Protection Requirements. The plan includes written and graphic illustrations of fire hydrant locations, rear yard setbacks, 60 foot fire fuel modification zones are provided for both manufactured slope areas and native slope areas, emergency/maintenance access, maintenance responsibility and schedule of frequency, any other project modification to protect the development from fire hazards, and street widths. E. The project is consistent with the Open Space, Conservation and Recreation Element in that approximately 25.1 acres of land will be dedicated and preserved as permanent open space. The project site is currently within a Standards area of the Habitat Management Plan (HMP), but the designated open space areas will become part of the HMP's Hardline Area preserve. Although the project does not comply with HMP standards restricting development to the westerly portions of the parcels, the project increases open space acreage, preserves habitat and wildlife corridors and linkages, and analyses indicated that no biological benefit would accrue from further reductions in the project's residential units. The project applies Open Space land use and zoning designations to the conserved open space lots for resource protection. The project will PC RESO NO. 7225 -3-Item #5 March 14, 2017 Page 161 of 334 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. F. G. also implement an on-site habitat restoration plan, .an onsite Post-fire Habitat Recovery Stewardship Plan, a Contractor Education Program and biological construction monitoring, will include City review of project design features to minimize indirect impacts, and will avoid habitat clearing and reduction of construction noise during the breeding season. The project is consistent with the Sustainability Element in that it implements and is consistent with measures identified in the Climate Action Plan through the provision of renewable energy generation {photo-voltaic {PV} systems on rooftops}, energy conservation {Green Building Code}, LED or similarly efficient project lighting, solar water heating as part of the residential PV rooftop systems, accommodating Zero- Emission vehicles, and other greenhouse gas reduction measures and features. That the· proposed open space area: 1) is equal to or greater than the area depicted on the Official Open Space and Conservation Map in that the existing 9.6 acres of open space will increase to over 25 acres plus the adjacent 10 acres of mitigation land, as further shown on Exhibit "GPA 14-04" attached hereto; and 2) is of environmental quality equal to or greater than that depicted on the Official Open Space and Conservation Map in that the site's existing designated Open Space will be preserved or restored; the increased area of open space will include preserved, restored or created habitat in compliance with the Habitat Management Plan and be converted from a Standards Area to a Hardline Area; impacts to existing habitat will be fully mitigated to at least meet prescribed ratios and result in no net loss of habitat; and additional off-site mitigation lands southeast of the project and in Veteran's Park will provide restored or created habitat in compliance with the Habitat Management Plan; and 3) is contiguous or within close proximity to open space as shown on the Official Open Space and Conservation Map, as shown on Exhibit "GPA 14-04" attached hereto. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that, on September 26, 2016, the ALUC determined that the proposed project is consistent with the McClellan-Palomar ALUCP as the project site is outside the 60 dBA noise contour, the proposed residential uses are compatible uses in Safety Zone 6, the project is compliant with airspace protection surfaces because a determination of no hazard to air navigation was issued by the FAA, and the project will record notification to future residents of aircraft overflight. Zone Change, ZC 14-04 4. That the proposed Zone Change from One-Family Residential and Open Space to Residential Density-Multiple {RD-M} and Open Space for a 50.8-acre site, and from One-Family Residential and Open Space to Open Space for a separate, adjacent 10-acre mitigation site, is consistent with the goals and policies of the various elements of the General Plan, in that the proposed RD- M and Open Space zoning designations implement the proposed R-8 and Open Space General Plan Land Use designations. The clustering of homes within the proposed RD-M zone of the site allows for a larger area of conserved and preserved Open Space. The RD-M zoning designation will allow for a detached single family residential condominium development that meets all PC RESO NO. 7225 -4-Item #5 March 14, 2017 Page 162 of 334 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 5. 6. applicable standards of the RD-M zone and the Planned Unit Development ordinance. The 10- acre mitigation site will also be preserved as designated Open Space within the City of Carlsbad Habitat Management Preserve. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Us.e Element, in that the Residential Density-Multiple and Open Space zone designations shown on Exhibit "ZC 14-06" attached hereto implement the Residential {R-8) and Open Space General Plan Land Use designations. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the residential uses allowed by the proposed zone change are compatible with the adjacent residential and open space land uses. Local Coastal Program Amendment, LCPA 14-06 7. 8. General 9. 10. 11. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendment ensures consistency with the Carlsbad General Plan and Zoning Ordinance and does not conflict with any coastal zone regulations, land use designations or policies. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the property's Local Coastal Program Land Use and Zoning Designations into consistency with the proposed General Plan Amendment {GPA14-06) and Zone Change {ZC 14- 04. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 21 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 7225 -5-Item #5 March 14, 2017 Page 163 of 334 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 issuance of a grading permit, building permit or recordation of final map, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 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; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment, Zone Change, and Local Coastal Program Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment, Zone Change, and Local Coastal Program Amendment documents, as necessary, to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 3. 4. 5. 6. 7. 8. Developer shall comply with all applicable prov1s1ons 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 shall implement, or cause the implementation of, the Poinsettia 61 Project Mitigation Monitoring and Reporting Program. 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 General Plan Amendment, Zone Change, and Local Coastal Program Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone i1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to certification of EIR 15-03 and is subject to all conditions contained in Planning Commission Resolution No. 7224 incorporated herein by reference. PC RESO NO. 7225 -6-Item #5 March 14, 2017 Page 164 of 334 1 2 3 4 5 6 7 8 9 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 1, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEFF SEGALL, Chairperson Chairperson Segall, Commissioners Anderson, Black, Goyarts, L'Heureux, Montgomery and Siekmann 11 CARLSBAD PLANNING COMMISSION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DON NEU City Planner PC RESO NO. 7225 -7-Item #5 March 14, 2017 Page 165 of 334 ORDINANCE NO. EXHIBIT X Dated February 1, 2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE ZONING AND LOCAL COASTAL PROGRAM ZONING MAPS (ZC 14-04/LCPA 14-06) TO ALLOW A ZONE CHANGE FROM ONE FAMILY RESIDENTIAL (R-1) AND OPEN SPACE TO RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE; A LOCAL COASTAL PROGRAM ZONE CHANGE FROM ONE FAMILY RESIDENTIAL (R-1) AND OPEN SPACE TO RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE; AND TO ADJUST BOUNDARIES OF OPEN SPACE FOR A 50.8-ACRE SITE AND 10-ACRE MITIGATION SITE LOCATED SOUTH OF CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND EASTERN SEGMENTS OF POINSETTIA LANE, AND EAST OF AMBROSIA LANE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: POINSETTIA 61 CASE NO.: ZC 14-04/LCPA 14-06 WHEREAS, Lennar Homes of California, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, "Owner," described as a Portion of the Southwest Quarter of the Southwest Quarter of Section 23 and a Portion of the Northwest Quarter of the Northwest Quarter of Section 26, both of Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Unites States Government Survey thereof ("the Property"); and WHEREAS, said verified application constitutes a request for a Zone Change and Local Coastal Program Amendment as shown on Exhibits "ZC 14-04" and "LCPA 14-06" -POINSETTIA 61 dated February 1, 2017, attached hereto and made a part hereof; and WHEREAS, the City Council did, on the __ day of _________ , 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 City Council considered all factors relating to the "ZC 14- 04/LCPA 14-06 -POINSETIIA 61." Item #5 March 14, 2017 Page 166 of 334 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does ordain as follows: 1. The above recitations are true a·nd correct. 2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and the Local Coastal Program Zoning Map, are amended as shown on the maps marked "ZC 14-04 - POINSETTIA 61" and "LCPA 14-06 -POINSETTIA 61" dated February 1, 2017, attached hereto and made a part hereof. 3. · That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7225 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 14-06 is approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the --- day of , 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Item #5 March 14, 2017 Page 167 of 334 Exhibit "GPA 14-06" February 1, 2017 GPA 14-06 Poinsettia 61 (QS ,R-15 OS OS R-4 -·~1 / I ! j _________ i _@_S_.,.1_1 --• II . / I ' ,. I j i I \ ,,---.. _ _,, ) I _,,,, R-4 • .) ©S l ....,. _______ ., __ -------- / EXISTING 0S ;?>@J.\ ~~\ ~c3 R-8 ·?1 \~~9~,\ /- \ .0-cf · ~~i.-> \., ___ --9.'f" \ \_\..-, !~~~ ,--·· {'0-R-41} 1~~, .. · ~~-----_--_~--·'--_-____ /_/_/ _____ j' \\ \~~~Dt\·\):,/ ©S 0¢;\"3\'\\~ I •---------... \\.\\\ \ / "', / / \ \,Y '"-/ .)>/ OS \ H I f-R I .,J--}:! !. ~tj '"'-."-f'--!....J I I -a ...,.. ____ •:.•.•-• • •.• .._ __ _ OS 1.1.l PROPOSED \ '\ \ R-8 , ·.....______...- Related Case File No(s): EIR 15-03/ZC 14-04/LCPA 14-06/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 General Plan Land Use Designation Changes Property From : To: A. 215-020-07 R-4 R-8/0S B. 215-050-2 1 R-4/0S R-8/0S C. 215-050~22 R-4/0S OS D . 215-050-44 R-4/0S OS E. 215-050-47 R-4/0S OS F. 215-050-45 R-4/0S · OS (Offsite Mitigation) E. 215-050-46 R-4/0S OS (Offsite Mitigation) Item #5 March 14, 2017 Page 168 of 334 Exhibit "ZC 14-04" February 1, 2017 zc 14-04 Poinsettia 61 A. B. C. D. E. F. E. lOS, RD-M OS OS R-1 OS/ C J I OS (-R-1 • ,.__\ _______________ ...... ~ -}· ---~~--- EXISTING OS OS RD-M ,...,. ____ ..,_ ------------' PROPOSED \ \ \ RD-\ \ M-Q , \ ___ ____ Related Case File No(s): EIR 15-03/GPA 14-06/LCPA 14-06/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 Zoning Designation Changes Property From: To: 215-020-07 R-1 RD-M/OS 215-050-21 R-1/0S RD-M/OS 215-050-22 R-1/0S OS 215-050-44 R-1/0S OS 215-050-47 R-1/0S OS 215-050-45 R-1/0S OS (Offsite Mitigation) 215-050-46 R-1/0S OS (Offsite Mitigation) Item #5 March 14, 2017 Page 169 of 334 Exhibit "LCPA 14-06" February 1, 2017 LCPA 14-06 (Land Use) Poinsettia 61 OS OS R-4 (OS/ -------+-'\ . ·~/'--' ----II / OS ) ( I r--, ____ . ) I 1 ( R-4 I ) OS I -------·--Ill - - -rt#---------, ;' I EXISTING PROPOSED Related Case File No(s): EIR 15-03/GPA 14-06/ZC 14-04/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 LCPA Land Use Designation Changes Property From: To: A. 215-020-07 R-4 R-8/0S B. 215-050-21 R-4/0S R-8/0S C. 215-050-22 R-4/0S OS D. 215-050-44 R-4/0S OS E. 215-050-47 R-4/0S OS F. 215-050-45 R-4/0S OS (Offsite Mitigation) E. 215-050-47 R-4/0S OS (Offsite Mitigation) Item #5 March 14, 2017 Page 170 of 334 1 2 3 4 5 6 7 8 9 PLANNING COMMISSION RESOLUTION NO. 7226 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A VESTING TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT AND HABITAT MANAGEMENT PLAN PERMIT FOR THE DEVELOPMENT OFA 50.8 ACRE SITE FOR A 123-UNIT SINGLE FAMILY DETACHED CONDOMINIUM PROJECT AND CONSTRUCTION OF THE LAST REMAINING SECTION OF POINSETIIA LANE {"REACH E"), ALL LOCATED SOUTH OF CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND EASTERN SEGMENTS OF POINSETIIA LANE, AND EAST OF AMBROSIA LANE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: CASE NO.: POINSETIIA 61 CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14- 07 /HMP 14-04 10 WHEREAS, Lennar Homes of California, Inc., "Developer," has filed a verified application 11 with the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, "Owner," 12 described as 13 a Portion of the Southwest Quarter of the Southwest Quarter of Section 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23 and a Portion of the Northwest Quarter of the Northwest Quarter of Section 26, both of Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Unites States Government Survey thereof ("the Property"); and WHEREAS, said verified application constitutes a request for a Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit as shown on Exhibit(s) "A" -"MMM" dated February 1, 2017, on file in the Planning Division CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/ HMP 14-04 -POINSETTIA 61, as provided by Chapter 20.12, 21.06, 21.45, 21.95, 21.201 and 21.210 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 1, 2017, 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 Item #5 March 14, 2017 Page 171 of 334 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 Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit. 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 RECOMMENDS APPROVAL of POINSETTIA 61-CT 14-10/PUD 14-12/SDP 14-15/CDP 14- 34/HDP 14-07/HMP 14-04, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City1s General Plan based on the facts set forth in the staff report dated February 1, 2017, and the findings contained in Planning Commission Resolution No. 7225 for GPA 14-06/ZC 14-04/LCPA 14-06. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 21 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve· new development prior to or concurrent with need. Specifically, A. B. C. D. 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 Local Facilities Management fee for Zone 21 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that, on September 26, 2016, the ALUC determined that the proposed project is consistent with the McClellan-Palomar ALUCP as the project site is outside the 60 dBA noise contour, the proposed residential uses are compatible uses in Safety Zone 6, the project is compliant with airspace protection surfaces because a determination of no hazard to air navigation was issued by the FAA, and the project will record notification to future residents of aircraft overflight. The project is consistent with the City of Carlsbad Climate Action Plan (CAP) through the provision of renewable energy generation (photo-voltaic (PV) systems on rooftops), energy conservation (Green Building Code), LED or similarly efficient project lighting, solar water heating as part of the residential PV rooftop systems, accommodating Zero-Emission vehicles, and other greenhouse gas reduction measures and features as conditioned herein that reduce GHG emissions consistent with the CAP. PC RESO NO. 7226 -2-Item #5 March 14, 2017 Page 172 of 334 1 2 5. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 3 Tentative Tract Map, CT 14-10 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 6. 7. 8. 9. 10. 11. 12. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project implements the goals and policies of the General Plan as discussed in Planning Commission Resolution No. 7225; is consistent with all minimum requirements of Titles 20 and 21 governing lot size and configuration; and has been designed to comply with all applicable city regulations. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for open space and residential development on the General Plan, in that the adjacent and existing open space and residential uses to the north, south, east and west are similar to the proposed development. 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 minimum development standards and design criteria required by the applicable Subdivision Ordinance and Zoning Ordinance are incorporated into the project; the project clusters development so as to better preserve open space and habitat corridors and linkages; the proposed density is less than what could have been developed under the previous zoning on the site; and the grading volume is warranted so as to meet habitat management and open space objectives. 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 project has been designed and conditioned such that there are no conflicts with established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 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 units are oriented to allow for solar exposure and take advantage of prevailing breezes. 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 in that, as conditioned, the proposed housing can be adequately served by existing public services and no new facilities are required, and by providing 15 percent {19 units) of the dwelling units as affordable units to low-income households, through the construction of inclusionary accessory dwelling units incorporated within the space of 15 residences and purchase of four affordable housing credits within the southwest quadrant of the City of Carlsbad. 13. 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 EIR 15-03 was prepared to determine if the project could have any potentially significant PC RESO NO. 7226 -3-Item #5 March 14, 2017 Page 173 of 334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14. 15. 16. 17. impacts on the environment. The EIR identified potentially significant impacts to resources including but not limited to biological, cultural and geological, and mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts will be mitigated to below a level of significance. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the City's Stormwater regulations and has been conditioned to implement Best Management Practices for water quality protection and to comply with the City of Carlsbad's BMP Design Manual, Order R9-2013-0001 and amendments R9-2015-0001 and R9-2015-0100 issued by the California Regional Water Quality Control Board for the San Diego Region, and with the City of Carlsbad's Municipal Code. 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 21. As provided in the analysis contained in EIR 15-03, implementation of the proposed project would not result in a significant impact to public services and utilities; therefore, no mitigation measures are proposed. 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 implementation of the project would not adversely impact planned or current levels of service for public facilities such as sewer, water, open spaces, parks, libraries and fire. All future development within the project site will be required to construct necessary infrastructure as identified in the LFMP. Therefore, the proposed project is consistent with the Zone 21 LFMP. 19 Planned Development Permit, PUD 14-12 20 21 22 23 24 25 26 27 28 18. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the density of 6.1 dwelling units per acre for the 20.1 acre area of the project site that will be developed for residential uses is consistent with the R-8 General Plan land use designation (4-8 du/ac). The project is consistent with all minimum development and design standards applicable to the property as contained in Chapters 21.24 Residential Density-Multiple (RD-M} Zone and 21.45 (Planned Developments) of the Carlsbad Municipal Code. 19. The proposed project 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, in that the 123-unit single-family residential condominium project meets the development standards of the Zoning Ordinance; is compatible with existing nearby residential development; is permitted by the Residential Density-Multiple (RD-M} Zone and is proposed to be constructed at a density (6.1 du/ac) that falls within the range of the applicable R-8 General Plan land use designation; completes the last remaining section of Poinsettia Lane for improved circulation connectivity; will generate 1,230 Average Daily Trips (ADT) which will PC RESO NO. 7226 -4-Item #5 March 14, 2017 Page 174 of 334 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 20. 21. 22. 23. 24. be adequately accommodated by the existing and completed street network servicing the project; and has been found to be consistent with the Airport Land Use Compatibility Plan. Impacts related to the development of the project have been adequately mitigated to a less than significant level as shown in the EIR 15-03 for the project. The project will not adversely affect the public health, safety, or general welfare, in that the project has been designed to comply with all applicable development standards to ensure compatibility with surrounding residential and open space uses. The project's design, including architecture, streets, and site layout a) contributes to the community's overall aesthetic quality, b) includes the use of harmonious materials and colors, and the appropriate use of landscaping, and c) achieves continuity among all elements of the project, in that the detached single-family residential condominium development is clustered in the northern portion of the project site with open space to the south. The site layout includes homes on short drive aisles off the main private streets, and includes three recreation areas as well as a recreational vehicle storage area. Four different floor plans are proposed, ranging in size from 1,745 square feet to 2,718 square feet. One single story floor plan is proposed, and the other three are two-story plans. One of the floor plans provides an alternative layout to include second (accessory) dwelling units, 15 of which will have a modified floor plan to help meet the project's inclusionary housing requirement.. The home exteriors feature three different architectural styles -Craftsman, Spanish and Tuscan -to ensure a varied yet harmonious architectural theme for the development. Poinsettia Lane will feature a trail and meandering sidewalk within landscaped buffers that will connect to existing sidewalks on Poinsettia Lane. The homes feature a variety of materials that includ,e stucco, stone veneers, flat and s-shaped concrete roof tiles, shutters, decorative trim, wrought iron, potshelves, decorative tile, wainscots, columns, rafter tails and Juliet balconies. Most of the roofs incorporate a 4:12 roof pitch in a combination of gabled and shed roof elements that will provide a variety of roof ridges and heights on the homes. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. The proposed planned development designed with the modified development standard is consistent with the purpose and intent of Carlsbad Municipal Code Chapter 21.45, in that the increased height of the gravity/mechanically stabilized earth walls of up to 12 feet are necessary to accommodate a clustered property development on environmentally and topographically constrained land that precludes the full development of a site as a standard single-family subdivision so as to reduce impacts on biological resources. The proposed modification will result in the preservation of natural habitat as required by the Carlsbad Habitat Management Plan (HMP}, in that the project's gravity walls are necessary to preserve existing riparian habitat and buffers, canyon topography, and habitat and wildlife corridors and linkages. Furthermore, the project preserves approximately 25.1 acres of. permanent open space. The amount of natural habitat preservation required by the HMP could not be achieved by strict adherence to the development standards of this chapter, in that complying with the six-foot maximum height limit would require a third tier of gravity walls that would encroach into preserved habitat areas. Eliminating the downslope retaining walls altogether would result in the destruction of significant areas of habitat and canyon topography to accommodate the proposed development. PC RESO NO. 7226 -5-Item #5 March 14, 2017 Page 175 of 334 1 2 3 4 5 25. 26. The proposed modification(s) will not adversely affect the public health, safety, or general welfare, in that the proposed walls will be constructed in accordance with geotechnical recommendations and all applicable building codes, and will be landscaped so they will not create adverse visual impacts. The modification is consistent with all Local Coastal Program policies and standards for the protection of coastal resources, in that the retaining walls are necessary to preserve existing riparian habitat and buffers, canyon topography, and habitat and wildlife corridors and linkages, and will not have any impact on coastal public access or recreational resources since 6 the project is not near such resources. 7 Site Development Plan, SDP 14-15 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27. 28. 29. 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 project consists of the construction of 123 single-family residential condominiums on 20.1 acres of a 50.8-acre site. The site is adjacent to existing open space, multiple-family and single-family residential developments and is in proximity to a variety of commercial, recreational and educational uses. The proposed single-family residential project at a density of 6.1 du/ac is consistent with the R-8 Residential (4-8 du/ac) General Plan Land Use designation. The project is consistent with the various elements and objectives of the General Plan as discussed above. The proposed detached single-family residential condominium homes with exclusive use areas for the private yards will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that single-family residential planned developments are a permitted use within the Residential Density-Multiple (RD-M) Zone and compatible with the existing residential and open space uses near the project site. The 123 unit single-family residential condominium project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets and the completion of Poinsettia Lane have adequate capacity to accommodate the 1,230 Average Daily Trips (ADT) generated by the residential project; the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the RD-M Zone and the Planned Development Ordinance; and the project is adequately parked onsite and does not result in any significant environmental impacts. That the site for the intended use is adequate in size and shape to accommodate the use, in that the 123 detached single-family residential condominium project complies with all of the minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Carlsbad Municipal Code, including but not limited to the RD-M Zone and the Planned Development Ordinance, as demonstrated in the project staff report. 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 as demonstrated in the project staff report, the 123 detached residential condominium homes with exclusive use areas for the private yards comply with all of the minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Residential Density -Multiple {RD-M) Zone and the Planned Development Ordinance. Landscaping along the perimeters of the property in the front setback areas on Poinsettia Lane will be provided consistent with the requirements of the city's Landscape Manual. The six foot perimeter walls that will be constructed behind the landscaped buffer along Poinsettia Lane are adequate to attenuate roadway noise to an acceptable level. PC RESO NO. 7226 -6-Item #5 March 14, 2017 Page 176 of 334 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 30. 31. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the 123 unit single-family residential condominium project will not adversely impact the site, surroundings, or traffic circulation in that existing surrounding streets and the completion of Poinsettia Lane have adequate capacity to accommodate the 1,230 Average Daily Trips (ADT) generated by the residential project; the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the RD-M Zone and the Planned Development Ordinance; and the project is adequately parked onsite and does not result in any significant environmental impacts. That the project's proposed alternatives to meet inclusionary housing supports specific housing element policies and goals and assists the city in meeting its state housing requirements in that new construction of inclusionary units would present unreasonable hardship in light of site constraints and resultant developable project area. The Housing Policy Committee supports the proposed project provision of 15 percent {19 units) of the dwelling units as affordable units to low-income households through the construction of inclusionary accessory dwelling units incorporated within the space of 15 residences, as conditioned, and purchase of four affordable housing credits within the southwest quadrant of the City of Carlsbad. Coastal Development Permit, CDP 14-34 32. 33. 34. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project preserves approximately 49% of the site as open space, provides measures adequate to mitigate impacts to onsite habitat including offsite habitat mitigation land, changes the project's preserve open space from a HMP Standards Area to a Hardline Preserve Area, and includes erosion control measures that protect down slope coastal resources. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to a beach or water-based recreational facilities but does, however, include a public trail within the onsite SDG&E easement. 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 Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. The site is not located in an area susceptible to accelerated erosion or floods, but the project's geotechnical report indicates that some areas of the property are subject to potential expansive soils, unstable geologic units and liquefaction, and landslides. EIR 15-03 mitigation measures require adherence to the recommendations of the project's geotechnical report which include removal of clayey soils and loose, alluvial soils, replacing with compacted fill, and using buttressing excavations, keyways, liners and subdrains, and landscaping for slope stability. Hillside Development Permit, HDP 14-07 35. 36. Undevelopable areas of the project, pursuant to Section 21.53.230{b) of the Zoning Ordinance, have been properly identified. The project complies with the purpose and intent provisions of Section 21.95.010 in that: PC RESO NO. 7226 -7-Item #5 March 14, 2017 Page 177 of 334 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 37. A. B. C. D. The project is consistent with the Land Use and Community Design and Open Space, Conservation and Recreation Elements of the General Plan since portions of onsite habitat will be preserved and designated as permanent Open Space. The existing hillside conditions and undevelopable areas of the project site have been properly identified on a slope analysis and slope profile and have been incorporated into the project. The project relates to the slope of the land by focusing development in the northern previously disturbed portion of the project site, incorporating contour grading into manufactured slopes which are located in visible public locations, and avoiding grading in the steepest portions of the project site. The project's alteration of natural hillsides will ensure protection of riparian ecosystems, and better preserve and enhance wildlife habitats and native vegetation areas on the site. The project's impacts to habitat are fully mitigated per EIR 15-03. The project complies with Sections 21.95.140 of the Zoning Ordinance, and Section 21.95.160 if a modification to the development and design standards is approved, in that: A. B. C. D. E. Project impacts on other areas of onsite habitat will be mitigated at the ratios required for the specific habitat communities. Slopes and areas remaining undisturbed will be dedicated and designated as permanent Open Space to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. The project design and lot configuration minimizes disturbance of hillside lands, in that the area of the project to be developed is within the northern, previously disturbed portion of the project site that was previously used for agricultural operations. The design thus avoids impacting the majority of the site's natural slopes over 40% which are located within the existing canyon feature and in the southern portion of the project site. The proposed grading volume {9,648 cubic yards/acre) falls within the potentially acceptable level, per CMC Section 21.195.140{D). The project design and grading are necessary to preserve and enhance the habitat and canyon topography of the site by limiting the area of development primarily to the northern portion that was previously disturbed by agricultural operations. No development will occur on undevelopable areas pursuant to provisions of Section 21.53.230, except as permitted pursuant to Section 21.95.140.B and in accordance with Section 21.203.040. Existing natural slopes over 40% gradient do not comprise a prominent land form feature. Development of areas with slopes over 25% are permitted in order to preserve natural habitat as required by the city's Habitat Management Plan and the required amount of preservation could not be achieved by strict adherence to the requirements of Section 21.203.040.A(l){a) and (b). 38. The project design substantially conforms to the hillside development guidelines manual in that the project's manufactured slopes that are over 40 percent gradient and greater than 20 feet in height are treated appropriately and justified for the purpose of preserving habitat. These slopes are located along perimeter property lines, primarily an uphill slope at the northern project boundary, and a downhill slope north of the existing riparian habitat areas that are required to be preserved and buffered. The manufactured slopes that are over 20 feet in height are contour graded so that they either follow the topography and buffer line of the riparian area to the south or transition the development to existing slopes to the north of the project. PC RESO NO. 7226 -8-Item #5 March 14, 2017 Page 178 of 334 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 Some of the slopes are designed with single or two terraced, planted gravity walls, also known as mechanically stabilized earth walls. The majority of the walls are six feet in height although a small section of one wall adjacent to the riparian buffer reaches a height of eight to 12 feet. The heights have been minimized to the extent possible, contour grading is used where appropriate, and the walls are terraced. The retaining walls are necessary in order to avoid the existing riparian habitat and buffer area and keep the development within the northern disturbed portion of the site so as to better preserve open space and habitat corridors and linkages. Habitat Management Plan Permit, HMP 14-04 39. 40. 41. 42. 43. 44. 45. 46. That the Poinsettia 61 project parcels (APNs 215-020-07 aka Maldonado, 215-050-21 aka Namikas, 215-050-22 aka Sudduth, and 215-050-44 and 215-050-47 aka Kevane) are shown in Figure 28 of the approved HMP as a "Standards Area," and are not a Hardline Area. That authorization to impact sensitive habitats through the removal of 6.3 acres of southern maritime chaparral and disturbed southern maritime chaparral (Habitat Group B) and 20 acres of disturbed and agricultural lands (Habitat Group F) was processed through the resource agencies by a Finding of Consistency, and is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued forthe HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolution No. 7224 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). That all impacts to habitat will be incidental to otherwise lawful activities related to construction and operation of the Poinsettia 61 project. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, approximately 49% of the site will be designated as an open space preserve. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. That the authorization to impact sensitive habitats as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. PC RESO NO. 7226 -9-Item #5 March 14, 2017 Page 179 of 334 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 47. That the City Planner is authorized to sign the Take Permit. 48. 49. 50. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. Pursuant to the HMP, EIR 15-03 mitigation measures require the project to pay habitat in-lieu fees for impacts to 15.71 acres of Group F habitat. The minor amendment to the HMP for the conversion of a standards area to a hard line preserve area and the new hard line preserve area boundary conform to the standards contained in Section D.3(C) of the HMP and meet the required consistency findings in that: A. B. C. D. The proposed project and all project alternatives have been analyzed in an appropriate environmental (CEQA) document as set forth in EIR 15-03 including but not limited to the Final Biological Resources Technical Report, Poinsettia Project, Carlsbad, California, January 2017, prepared by Dudek .. The impacts to habitat have been minimized to the maximum extent practicable in that development is clustered within the agricultural areas and other areas adjacent to existing development; no wetland, vernal pool or oak woodland habitats are impacted by the project; no temporary or permanent impacts to southern willow scrub riparian habitat will occur; and the project provides no-net-loss of maritime succulent scrub, and southern maritime chaparral habitat types through mitigation that includes creation/substantial restoration at a minimum 1:1 ratio and impacts to narrow endemic plant species do not exceed the HMP threshold for impacts to on-site populations. The project has mitigated its impacts to the maximum extent practicable in that the project provides for no-net-loss of southern maritime chaparral and impacts meets or exceeds the required 3:1 mitigation ratio with a 1:1 component consisting of creation or substantial restoration in on-site and off-site locations. The project does not reduce the ability to meet the specific habitat conservation obligations of the HMP, IA, MHCP, and NCCP and 10(a}1(B) permits in that the project meets all requirements of the above permits, and creates additional HMP Preserve acreage. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit, or building permit, or recordation of final map, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. PC RESO NO. 7226 -10-Item #5 March 14, 2017 Page 180 of 334 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 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; record a notice.of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of these Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and Habitat Management Plan Permit. Developer or a successor in interest shall have the vested rights conferred in Chapter 20.17 of the Carlsbad Municipal Code as a result of the approval of the Vesting Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and Habitat Management Plan Permit 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 prov1s1ons 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 shall implement, or cause the implementation of, the Poinsettia 61 Project Mitigation Monitoring and Reporting Program (EIR 15-03). 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 Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and Habitat Management Plan Permit, {b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (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. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. PC RESO NO. 7226 -11-Item #5 March 14, 2017 Page 181 of 334 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. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 21 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of EIR 15-03, GPA 14-06, ZC 14-04, and LCPA 14- 06 and is subject to all conditions contained in Planning Commission Resolutions No. 7224 and 7225 for those other approvals incorporated herein by reference. This approval shall become null and void if building permits are not issued for this project within 24 months from the date on which the California Coastal Commission votes to approve the project. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 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 authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 21, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and Habitat Management Plan Permit by Resolution(s) No. 7226 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 15. Prior to the approval of the final map for any phase of this project, the Developer shall execute an Affordable Housing Agreement with the City to provide and deed restrict 19 rental dwelling units (15% of total dwelling units) as affordable to lower-income households at 70% of the San Diego County Median Income for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. To satisfy the requirements of Chapter 21.85 and subject to final approval by the City Council, the Developer has proposed an alternative to construction of inclusionary units by constructing 15 accessory (second) dwelling units within the development and the purchase of 4 affordable housing credits from an offsite combined affordable housing development located within, or on the boundary of, the PC RESO NO. 7226 -12-Item #5 March 14, 2017 Page 182 of 334 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. 17. 18. 19. southwest quadrant. The 15 accessory (second) dwelling units within the development and being constructed to satisfy the requirements of Chapter 21.85 shall be designed as 1 bedroom units with separate exterior access and no access to the single family home; the units may be attached to the single family home, but there shall be no entrance constructed from the accessory (second) dwelling unit into the single family home at any time. The subject accessory (second) dwelling unit shall be designed and constructed to include a full kitchen with full-size sink, stove & oven, refrigerator and adequate cabinet space and food preparation counter tops. The accessory (second) dwelling unit shall also meet all other requirements of a "Dwelling Unit" as defined in the Carlsbad Municipal Code, which is a single unit providing complete, independent living facility for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one kitchen. The final design for the accessory (second) dwelling unit shall be approved by the Housing & Neighborhood Services Director and shall be attached to the Affordable Housing Agreement, which shall be subject to final approval by the City Council. A fully executed copy of the Affordable Housing Agreement shall be submitted to the City Planner 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. 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 development. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. Developer shall dedicate, on the final map, an open space easement over all of LOTS 9 and 10 which is to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibits "A" - "MMM". Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the City Planner in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. A. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. B. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the City Planner and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. C. Record a Conservation Easement over the open space lot(s). D. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. PC RESO NO. 7226 -13-Item #5 March 14, 2017 Page 183 of 334 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. 21. 22. 23. E. Obtain approval of the United States Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC} for the restoration plan, preserve management plan, PAR, and endowment consistent with the Final EIR Appendix C, Final Biological Resources Technical Report, Poinsettia Project -Carlsbad, California (BTR), and Table 2 of the HMP Consistency Findings in Appendix E of the BTR, or as otherwise approved by USFW, CDFW and CCC. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental 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 Conserva'tion Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construc:t and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions {CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of the first production unit's certificate of occupancy, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. 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 shal.1 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 PC RESO NO. 7226 -14-Item #5 March 14, 2017 Page 184 of 334 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 24. D. E. F. G. H. I. 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 carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 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 the 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 pro rata 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 his/her respective Lot for purposes of collecting such special 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 Exhibit ___ _ Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _ Open Space lots: The HOA open space lots within the development (Lots 3-8) shall remain under the ownership and responsibility of the HOA for the purposes of open space, landscape and common recreation areas. The CC&Rs shall prohibit any encroachment or development for private benefit onto said lots, including but not limited to private: fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, etc. RV Storage: The individual unit owner allowances and prohibitions regarding use of the RV storage area, and the HOA maintenance responsibilities, shall be as set forth in Exhibit __ _ Rentals: If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 30 days. The CC&Rs for the project shall include this requirement. Prior to issuance of the first production unit's certificate of occupancy, the Developer shall submit to the City Planner 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. PC RESO NO. 7226 -15-Item #5 March 14, 2017 Page 185 of 334 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 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the City Planner. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme ofthe project. 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 and Economic Development Department and Planning. Developer shall submit a street name list consistent with the City's street name policy subject to the City Planner's approval prior to final map approval. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and active recreational areas associated with each respective residential development lot (Lot 1 or Lot 2} per the approved plans, including landscaping and recreational facilities. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City PlannE!r, 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. 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. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the Planning Division). Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the City Planner (see Noise Form #3 on file in the Planning Division). PC RESO NO. 7226 -16-Item #5 March 14, 2017 Page 186 of 334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 35. 36. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The Developer shall implement the following greenhouse gas reduction measures per the Poinsettia 61 Project Air Quality and Greenhouse Gas Analysis, October 2016, prepared by HOR: A. B. C. D. E. F. Installation of Solar Photovoltaic (PV) Systems on the rooftops of residential units. All buildings shall comply with the CAP measure requiring compliance with the energy code. The proposed project will be designed to be consistent with Title 24, Part 6 Energy Budget for the Standard Design Building. All landscape related lighting and signage shall be LED. At least 75 percent of project luminaires shall be LED or similarly efficient lighting. Solar water heating shall be provided as part of the residential PV rooftop systems. Electric vehicle (EV) charging stations/parking spaces shall be provided within the common area of the project and each residence shall be pre-wired for EV service equipment. The project shall be fitted with "purple" piping, which will facilitate the use of reclaimed water for the project. The reclaimed water shall be utilized for all common areas landscaping. Engineering Conditions General 37. 38. 39. 40. 41. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private streets, utilities, street trees, sidewalks, landscaping, street lighting, raised medians, enhanced paving, water quality treatment measures, low impact development features, storm drain facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Landscape Manual and City Engineering Standards. The property owner shall maintain this condition. PC RESO NO. 7226 -17-Item #5 March 14, 2017 Page 187 of 334 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 42. Prior to approval of improvement plans, grading plans or final map, developer shall submit to the city engineer written approval from North County Transit District (NCTD) demonstrating that improvement requirements for mass-transit have been satisfied. Fees/ Agreements 43. 44. 45. 46. 47. 48. 49. 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. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormvirater Quality Best Management Practice Maintenance Agreement. Developer shall enter into a Reimbursement Agreement for the design and construction costs of the Poinsettia Lane (Reach E} improvements from Bridge and Thoroughfare District No. 2 funds prior to Final Map approval. The improvements eligible for reimbursement are 'core' improvements including the bridge, full width grading, median curbs, 18 feet of paving on either side of the median, storm drain, right-of-way and environmental mitigation. The agreement shall be prepared to the satisfaction of the City Engineer, City Attorney and Finance Director. The Developer shall pay the projects' contribution to Bridge and Thoroughfare District No. 2. A portion of the core improvement cost may be credited against the project's contribution to Bridge and Thoroughfare District No. 2 to the satisfaction of the City Engineer, City Attorney and Finance Director. The Developer shall enter into a Reimbursement Agreement with CMWD for the design and construction of a pressure reducing station near the existing westerly terminus of Poinsettia Lane, near Oriole Court to the satisfaction of the City Engineer, City Attorney and Finance Director. Prior to approval of the final map or issuance of any permits, the developer shall enter into an agreement with the city to pay the city's Transportation System Management Program and Transportation Demand Management Program fees established as a result of the forthcoming Traffic Impact Fee Update. The form and content of said agreement shall be to the satisfaction of the city engineer and city attorney. Grading 50. 51. 52. 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 prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the tentative map all subject to city engineer approval. This project requires offsite grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the city engineer, a PC RESO NO. 7226 -18-Item #5 March 14, 2017 Page 188 of 334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 53. 54. 55. 56. 57. temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. This project is subjectto 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 21 Dedications/Improvements 22 23 24 25 26 27 28 58. 59. Developer shall cause owner to dedicate to the city Poinsettia Lane for public street and public utility purposes as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. Developer shall cause owner to dedicate to the city general utility and access easement within private streets A, B and C and private drive aisles S, T and Z as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. PC RESO NO. 7226 -19-Item #5 March 14, 2017 Page 189 of 334 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 60. 61. 62. 63. 64. Developer shall cause owner to dedicate to the city sewer easement within private aisles E thru Ras shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. Developer shall cause owner to dedicate to the city a 15 feet wide trail easement within the existing SDG&E easement as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all other liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. Developer shall design the private aisles E thru Z as shown on the tentative map 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 shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private streets. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems 12" diameter storm drain and larger shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements including but not limited to median improvements, curb and gutter, sidewalk, bike lanes, street lights, trails, and public utility improvements as shown in the tentative map, per city standards to the satisfaction of the city engineer as shown on the Tentative Map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. B. C. D. E. F. Full width improvements to Poinsettia Lane (approximately 1,600 feet from the existing easterly terminus near Cassia Street to existing westerly terminus near El Camino Real} to Major Arterial Standards, including Poinsettia Lane Bridge across the existing canyon within the project site as shown on the tentative map. Street and utility improvements for Private Streets A, Band C as shown on the tentative map. Looped public water system as shown on the tentative map. Recycled water system as shown on the tentative map. Sewer system as shown on the tentative map. Potable pressure reducing station near the exiting westerly terminus of Poinsettia Lane near Oriole Court as shown on the tentative map. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 65. Developer shall prepare and process improvement plans and, prior to approval, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. More specifically, these signal improvements include but are not limited to constructing a new fully PC RESO NO. 7226 -20-Item #5 March 14, 2017 Page 190 of 334 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 66. actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Poinsettia Lane and Street A and C as shown on the tentative map. Developer shall install the traffic signal only with written authorization from the city engineer. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval ofthe subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low- maintenance design features to the satisfaction of the city engineer. Non-Mapping Notes 67. Add the following notes to the final map as non-mapping data: A. B. C. D. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the Tentative Map. These improvements include, but are not limited to: 1) Full width improvements to Poinsettia Lane (approximately 1,600 feet from the existing easterly terminus near Cassia Street to existing westerly terminus near El Camino Real) to Major Arterial Standards, including Poinsettia Lane Bridge across the existing canyon within the project site as shown on the tentative map. 2) Street and utility improvements for Private Streets A, B and C as shown on the tentative map. 3) Looped public water system as shown on the tentative map. 4) Recycled water system as shown on the tentative map. 5) Sewer system as shown on the tentative map. 6) Potable pressure reducing station located near the exiting westerly terminus of Poinsettia Lane near Oriole Court as shown on the tentative map. 7) A new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Poinsettia Lane and Street A and C as shown on the tentative map. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Geotechnical Caution: 1) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land 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 may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. PC RESO NO. 7226 -21-Item #5 March 14, 2017 Page 191 of 334 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 E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. Utilities 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. All residential units shall have automatic fire sprinklers. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. The developer shall submit a detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. The developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be PC RESO NO. 7226 -22-Item #5 March 14, 2017 Page 192 of 334 1 2 3 4 5 6 7 8 9 10 11 12 78. 79. submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. The developer shall submit a detailed recycled water study, prepared by a registered engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. The developer shall submit detailed design drawings and studies prepared by a registered engineer for the construction of a pressure reducing station located near the exiting westerly terminus of Poinsettia Lane near Oriole Court as shown on the tentative map. Said drawings and studies shall be prepared to the satisfaction of the district engineer. Fire Conditions 80. 81. A fire lane plan including red curbs and sign details shall be submitted as a deferred submittal directly to fire for approval. Private Streets A, B, C and Aisle Z shall have street names. All other aisles will not need to be named as they are not considered fire access roads. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the 13 following: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 82. 83. 84. 85. 86. 87. 88. 89. This vesting tentative map shall expire two years from the date on which the California Coastal ( Commission voted to approve this application. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. Developer shall park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 21 as required by Carlsbad Municipal Code Section 21.90.050. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 90. The project shall comply with the latest residential disabled access requirements pursuant to Title 24 of the California Building Code. PC RESO NO. 7226 -23~ Item #5 March 14, 2017 Page 193 of 334 1 2 3 4 91. 92. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 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 City Planner prior to installation of such signs. 5 NOTICE 6 Please take NOTICE that approval of your project includes the 11 imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 11fees/exactions." 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. 7226 -24-Item #5 March 14, 2017 Page 194 of 334 1 2 3 4 5 6 7 8 9 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 1, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEFF SEGALL, Chairperson Chairperson Segall, Commissioners Anderson, Black, Goyarts, L'Heureux, Montgomery and Siekmann 11 CARLSBAD PLANNING COMMISSION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATIEST: ~na DON NEU City Planner PC RESO NO. 7226 -25-Item #5 March 14, 2017 Page 195 of 334 The City of Carlsbad Planning Division EXHIBIT 6 A REPORT TO THE PLANNING COMMISSION Item No. 0 P.C. AGENDA OF: February 1, 2017 Application complete date: February 1, 2017 Project Planner: Teri Delcamp Project Engineer: Tecla Levy SUBJECT: EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14- 34/HDP 14-07 /HMP 14-04 -POINSETIIA 61 -Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and a recommendation of approval of a General Plan Amendment from R-4 to R-8 (no change to project tlnit yield) and to adjust the boundaries of the open space and residential land use designations, a Zone Change from One family Residential (R-1) and Open Space to Residential Density-Multiple (RD-M) and Open Space (OS) and OS Land Use and zoning for an adjacent 10 acre site as mitigation land, a Local Coastal Program Amendment, Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan (affordable housing component), Hillside Development Permit and a Habitat Management Plan permit for the development of a 50.8 acre site for a 123-unit single family detached condominium project and construction of the last remaining section of Poinsettia Lane ("Reach E"), all located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21. The project is not within the appealable area of the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7224 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 15-03, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolution No. 7225 RECOMMENDING APPROVAL of General Plan Amendment GPA 14-06, Zone Change ZC 14-04 and Local Coastal Program Amendment LCPA 14-06, and ADOPT Planning Commission Resolution Number 7226 RECOMMENDING APPROVAL of Carlsbad Tract Map CT 14-10, Planned Development Permit PUD 14-12, Site Development Plan SOP 14-15, Coastal Development Permit CDP 1434, Hillside Development Permit HOP 14-07 and Habitat Management Plan Permit HMP 14-04 based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Lennar Homes of California has submitted an application for the development of a 123-unit single family detached condominium subdivision on 50.8 acres of land generally located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane. The site is comprised of gently rolling hills and a canyon in the east, and ranges from approximately 260 feet above mean sea level (AMSL) in the south to approximately 305 feet AMSL in the north. The area of the project site that is proposed to be developed is primarily located within the previously disturbed agricultural area on the easterly and westerly sides of the future extension of Poinsettia Lane midway between Cassia Road and Oriole Court. The project includes construction of the last remaining segment ~~ .,..+i' Item #5 March 14, 2017 Page 196 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 2 of Poinsettia Lane and will require a bridge at the eastern portion to span a canyon over an existing habitat wildlife corridor. The southern portion of the project site, comprising approximately 25 acres, would not be developed and would remain as open space. The existing R-4 General Plan Land Use designation is proposed to change to R-8 without increasing the project unit yield to accommodate a clustered single family detached condominium project. The land use change would also adjust the boundaries of the Open Space and residential land use designations on the project site. In addition, a land use and zone change to Open Space is also proposed for an adjacent 10 acre mitigation site. An environmental impact report has been prepared which analyzes the potential impacts to the environment that may be caused bythe development of the site. The environmental analysis identified that there are no significant unmitigable environmental impacts. The project's proposed residential density is 6.1 dwelling units per acre. The area to be developed is divided into two development areas located on the easterly and westerly sides of the Poinsettia Lane extension. The eastern development area (noted as Lot 1 on the tentative map) would be developed with 61 detached single family detached condominium units. Two community recreation areas (pool and passive area) are proposed within Lot 1, as well as a recreational vehicle storage area. The western development area (noted as Lot 2) would consist of 62 detached single family detached condominium units and a third community recreation area (tot lot). Access will also be provided in the southwest of Lot 2 to a proposed trail within the SDG&E easement that extends south through the project area. Four different floor plans are proposed for the detached single family condominium homes, ranging in size from 1,745 square feet to 2,718 square feet. One single story floor plan is proposed, and the other three are two-story plans. One of the floor plans provides an alternative layout to include 15 second (accessory) dwelling units that will assist in meeting the project's inclusionary housing requirement. The home exteriors will feature three different architectural styles -Craftsman, Spanish and Tuscan -to ensure a varied yet harmonious architectural theme for the development. The project will also purchase a total of four affordable housing credits to complete the inclusionary housing requirement. Primary access to the proposed development will occur through a full-access intersection on Poinsettia Lane to private streets on both sides. There will also be right-in/right-out secondary accesses on each side of Poinsettia Lane, one a main drive aisle on the east and the other a private street on the west. No access will be provided from Ambrosia Lane. Circulation through the development will occur via the three private streets and one main drive aisle, along with 16 private driveways that each provide access to three to six condominiums. Pedestrian circulation is afforded by sidewalks on both sides of the three private streets and a sidewalk on one side of the main drive aisle that all connect to Poinsettia Lane. There will be sidewalks or a sidewalk and meandering trail on both sides of Poinsettia Lane connecting to existing sidewalks. Turn-outs for bus stops will be provided on both sides of the Poinsettia Lane frontage. Table 1 below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. Item #5 March 14, 2017 Page 197 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 3 TABLE 1 Location General Plan Designation Zoning Current Land Use Site R-4 Residential/Open R-1 Residential/OS Former Space {OS) Agricultural/Open Space OS/R-15 Residential OS/Residential Density-Open Space/Multi-family North Multiple, Qualified Residential Overlay (RD-M-Q) South R-4/0S R-1/0S Open Space East R-4/0S R-1/0S Open Space/Single-family Residential R-4/R-23/0S Planned Community (P-C) Multi-family West Residential/Single-family Residential/Open Space Table 2 below includes a summary of the project site's gross and net acreage, the number of dwelling units allowed by the General Plan's Growth Management Control Point {GMCP) density for the existing Land Use designation, and the proposed project's number of dwelling units and density. TABLE 2 Gross Acres Net Acres DUs Allowed at GMCP DUs Proposed and Project Density Density Project Site: 39.88 (of which 20.1 Existing R-4 Land Use: 128 Proposed R-8 Land Use: 50.8 acres will be developed {3.2 du/ac based on 39.88 123 units {6.1 du/ac based for residential) net acres) on 20.1 acres to be developed for residential)* *With the clustering of development on the northern portion of the property, the land use is proposed to be changed to reflect the density of the project design. However, the proposed number of units is five fewer than was anticipated and would be allowed under the existing land use. Therefore, five dwelling units will be deposited into the Excess Dwelling Unit Bank.· 1n addition, the two parcels that comprise the mitigation site currently have a land use designation of R-4 and Open Space. The parcels represent 4.37 net acres of developable land, and would allow for 14 units of residential development based on the GMCP for the R-4 land use designation. The change in land use designation and conservation of the entire site as Open Space voids potential development on these parcels. Therefore, an additional 14 dwelling units will be deposited into the Excess Dwelling Unit Bank for these mitigation parcels. The project will require the following discretionary actions: • Certification of an Environmental Impact Report {EIR 15-03) The project EIR constitutes all environmental review required for the approval of the General Plan Amendment and all related discretionary applications. • General Plan Amendment (GPA 14-06) An amendment to the Land Use and Community Design Element is required for the change in land use from Residential 4 (R-4) to R-8, to adjust boundaries between residential and open spaces areas, and to designate Open Space {OS) on-site and for off-site mitigation land areas. Item #5 March 14, 2017 Page 198 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 4 • Zone Change {ZC 14-04) A zone change is required to change the zone from R-1 to Residential Density-Multiple {RD- M) and OS on-site and for off-site mitigation land areas. • Local Coastal Program Amendment {LCPA 14-06) A LCPA is required to amend the LCP Land Use and Zoning maps to be consistent with the proposed General Plan and Zoning Amendments and maps. The LCPA will require action and approval by the California Coastal Commission. • Vesting Tentative Tract Map {CT 14-10) A Vesting Tentative Tract Map has been filed concurrently for the creation of two residential condominium lots {with 123 units), six HOA lots, and two dedicated open space lots. • Planned Development Permit {PUD 14-12) A Planned Development Permit for individual ownership of and subdivision of the residential areas with private streets. • Site Development Plan {SDP 14-15) A Site Development Plan permit for the Affordable Housing component of the project. • Coastal Development Permit {CDP 14-34) A Coastal Development Permit to construct the project within the Mello II Segment of the City's Local Coastal Program. • Hillside Development Permit {HDP 14-07) A Hillside Development Permit to allow grading of existing slopes greater than 15 feet in height and 15% in slope that complies with the City's Hillside Development ordinance standards and policies. • Habitat Management Plan Permit {HMP 14-04) and Consistency Findings A Habitat Management Plan Permit for impacts to sensitive biological resources, conversion of a HMP Standards Area to a Hard line Preserve Area, and a Minor Amendment to the City's HMP through Consistency Findings. Ill. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. General Plan Residential R-8 and Open Space Land Use Designations; B. Residential Density-Multiple Zone and Planned Development Ordinance {Chapters 21.24 and 21.45 of the Municipal Code); C. Subdivision Ordinance, Title 20 of the Municipal Code; D. Local Coastal Program {Mello II Segment); E. Site Development Plans, Chapter 21.53 {Affordable Housing) and lnclusionary Housing Ordinance {Chapter 21.85) of the Municipal Code; F. Hillside Development Regulations (Chapter 21.95) of the Municipal Code Item #5 March 14, 2017 Page 199 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 5 G. Habitat Preservation and Management Requirements (Chapter 21.201) of the Municipal Code; H. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); and I. Growth Management, Chapter 21.90 of the Municipal Code -Local Facilities Management Plan Zone 21. 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 General Plan Amendment (GPA) will modify and reconfigure the land use designations of the property. The existing Residential R-4 designation will be removed from the project site. For the portion of the project site proposed to be developed, the R-4 designation will be replaced with the R-8 designation. The remainder of the project site currently designated as R-4 will be replaced with the Open Space (OS) land use designation. In addition, the R-4 designation on portions of the two adjacent, off-site mitigation parcels to the southeast of the project site will be replaced so that the entirety of both parcels are designated OS. Approximately 25.1 acres of the project site would be designated as open space as a result of the GPA. The project complies with Elements of the General Plan as outlined in Table 3 below. Item #5 March 14, 2017 Page 200 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 6 TABLE 3-GENERAL PLAN COMPLIANCE land Use and Community Design Element Goal, Policy Project Consistency Land Use Goal 2-G.1: Maintain a land use The proposed project changes the R-4 land use program with amount, design and designation to R-8 for the portion of the project arrangement of varied uses that serve to site proposed for development. This allows protect and enhance the character and development to be clustered and the remainder of image of the city as expressed in the the project site to be designated as open space Carlsbad Community Vision, and balance {OS). The northern portion of the project site development with preservation and would be developed with 123 detached single- enhancement of open space. family residential units which is below the GMCP for the existing land use designation. The proposed 123 units on approximately 20.1 developable acres equates to a density of approximately 6.1 dwelling units per acre. This density is consistent with the R-8 General Plan land use designation which is why the project proposes to change the land use to the R-8 designation. Pursuant to the lnclusionary Housing Ordinance, the project would include 15 on-site accessory dwelling units attached to the main home and featuring a separate private entrance, bedroom, bathroom, laundry, eat-in kitchenette and living room. Approximately 25.1 acres of the project site will be recorded as open space lots and conserved as permanent open space. Land Use Goal 2-G.2: Promote a diversity of The proposed project provides residential uses that compatible land uses throughout the city, to would complement existing residential enable people to live close to job locations, development located to the north, west, and adequate and convenient commercial southeast. The proposed project includes services, and public support systems such as residential development in a location that is transit, parks, schools, and utilities. central to urban land uses and services, including nearby community retail shopping center, Carlsbad City Library, elementary and middle schools, and parks. Item #5 March 14, 2017 Page 201 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETTIA 61 February 1, 2017 Pa e 7 Land Use and Community Design Element, continued Goal, Policy Project Consistency Land Use Goal 2-G.4: Provide balanced The proposed project provides residential uses neighborhoods with a variety of housing types that would complement existing residential and density ranges to meet the diverse development located to the north, west, and demographic, economic and social needs of southeast. The northern portion of the project residents, while ensuring a cohesive urban site would be developed with 123 detached form with careful regard for compatibility. single-family residential condominium units, at a density of approximately 6.1 dwelling units per acre that is consistent with the proposed R-8 General Plan land use designation. The proposed residential units would be constructed in four different floor plans ranging from 1,745 square feet to 2,718 square feet in size, and featuring three architectural styles. To comply with the lnclusionary Housing Ordinance, 15 of the homes will include an accessory dwelling unit attached to the main home. The project therefore provides housing types to meet the diverse demographic, economic and social needs of residents in a cohesively designed community. Goal 2-G.15: Support agricultural uses The proposed project would convert approximately throughout the city while planning for 20 acres of land designated as Unique Farmland to the transition of agriculture to other non-agricultural use. This is considered a significant uses. impact and would require mitigation. A mitigation measure requires the payment of the Habitat Management Plan mitigation fee for the loss of disturbed lands. This mitigation measure reduces the impact to a less than significant level and allows the site to transition from agriculture to a residential use. Item #5 March 14, 2017 Page 202 of 334 EIR 15-03/GPA14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 8 Land Use and Community Design Element, continued Goal, Policy Project Consistency Goal 2-G.18: Ensure that new development The proposed project includes residential fosters a sense of community and is designed development in a location that is central to urban with the focus on residents, including children, land uses and services, including nearby community disabled and the elderly, by providing: safe, retail the shopping center, Carlsbad City Library, pedestrian-friendly, tree-lined streets; elementary and middle schools, and parks. The walkways to common destinations such as extension of Poinsettia Lane would improve the schools, bikeways, trails, parks and stores; that connectivity of the residential communities located exhibit visual diversity, pedestrian-scale and on both current termini of homes Poinsettia Lane. prominence to the street; central gathering Poinsettia Lane within the project site would be places; and recreation amenities for a variety constructed with two lanes in each direction, bike of age groups. lanes, a trail on the eastbound side and a sidewalk on the westbound side. Additionally, a 15-foot wide pedestrian trail easement is planned within the existing SDG&E easement. This improved pedestrian network would encourage pedestrian activity within the project site and to nearby uses and services. The project provides its own common and private amenities for a variety of age groups in two active and one passive recreational areas. Policy 2-P.44: Encourage clustering of The project site is approximately 50.8 acres in size. development to preserve natural terrain and The area proposed to be developed is the previously maximize open space areas around disturbed agricultural area on the easterly and developments. westerly side of the future extension of Poinsettia Lane. The change in land use to R-8 allows for a planned unit development of detached single family condominiums that are clustered to maximize and preserve open space areas around the development. Approximately 25.1 acres of the project site will be recorded as open space lots and conserved as permanent open space. Item #5 March 14, 2017 Page 203 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 -POINSETIIA 61 February 1, 2017 · Pa e 9 2013-2021 Housing Element Goal, Policy Project Consistency Goa.110-G.2: New housing developed with Per CMC Section 21.85.030, a project is required diversity of types, prices, tenures, densities, to provide 15 percent of the total units as and locations, and in sufficient quantity to affordable units. The change in land use meet the demand of anticipated city and designation and zoning in conjunction with the regional growth. project does not result in an increase in unit yield. Policy 10-P.15: Pursuant to the lnclusionary The proposed project would provide a diversity of Housing Ordinance, require affordability for housing. The northern portion of the project site lower income households of a minimum 15 would be developed with 123 detached single- percent of all residential ownership and family residential condominium units. The qualifying rental projects. For projects that proposed residential units would be constructed in are required to include 10 or more units four different floor plans ranging from 1,745 square affordable to lower income households, at feet to 2,718 square feet in size, and featuring three least 10 percent of the lower income units architectural styles. To comply with the should have three or more bedrooms (lower lnclusionary Housing Ordinance, 15 of the homes .income senior housing projects exempt). will include an accessory dwelling unit attached to Policy 10-P.19: Address the unmet housing the main home. The 15 accessory dwelling units will feature a separate private entrance, bedroom, needs of the community through new bathroom, laundry, eat-in kitchenette and living development and housing that is set aside room. Because the project is required to provide 15 for lower and moderate income households percent of the total units as affordable units, and consistent with priorities set by the the 15 accessory dwelling units account for 12 Housing and Neighborhood Services percent, the additional three percent (4 units) will Division, in collaboration with the Planning be provided through the purchase of affordable Division, as set forth in the city's housing credits in the southwest quadrant of the Consolidated Plan. city. Item #5 March 14, 2017 Page 204 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETTIA 61 February 1, 2017 Pa e 10 Mobility Element Goal, Policy Project Consistency Goal 3-G.1: Keep Carlsbad moving with livable The proposed project includes residential streets that provide a safe, balanced, cost-development in a location that is central to urban effective, multi-modal transportation system land uses and services, including nearby community (vehicles, pedestrians, bikes, transit), retail shopping center, Carlsbad City Library, accommodating the mobility needs of all elementary and middle schools, and parks. The community members, including children, the extension of Poinsettia Lane would improve the elderly and the disabled. , connectivity of the residential communities located Goal 3-G.2: Improve connectivity for on both current termini of Poinsettia Lane. The residents, visitors and businesses. project's internal circulation will connect to the Goal 3-G.3: Provide inviting streetscapes that existing circulation system by completing the last remaining section of Poinsettia Lane ("Reach E"). encourage walking and promote livable The main entry into the development will be via a streets. full-access intersection. The main internal streets and drive aisle will provide safe sidewalk access to Poinsettia Lane. Poinsettia Lane within the development will have a sidewalk on one side and a decomposed granite trail on the other side that will connect to the existing sidewalks on the current termini of Poinsettia Lane. A trail will also be provided within the SDG&E easement extending south through the project. Bus turnouts are provided within the project frontage on the eastbound and westbound sides of Poinsettia Lane. The project will be appropriately landscaped to invite and encourage pedestrian activity along Poinsettia Lane. Policy 3-P.21: Implement connections and As part of the development of the project site, the improvements identified in the Mobility last remaining section of Poinsettia Lane ("Reach Element, including those identified in Policy E"), one of the City's most important transportation 3-P.19, as well as: linkages, will be constructed and completed. Reach E of Poinsettia Lane is approximately 1,600 linear • Extension of College Boulevard from feet and would b~ constructed within the project Cannon Road to El Camino Real; site to its full width. • Completion of the Poinsettia Lane connection near El Camino Real (Reach E); • Extension of Camino Juniper to the eastern city boundary; • A bicycle/pedestrian trail/pathway connecting the eastern terminus of Marron Road to the east; • A bicycle/pedestrian trail/pathway connecting the eastern terminus of Cannon Road to the east, and coordination with adjacent agencies to appropriately link their facilities. Item #5 March 14, 2017 Page 205 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETTIA 61 February 1, 2017 Pa e 11 Mobility Element, continued Goal, Policy Project Consistency Policy 3-P.25: Implement the projects The City is proposing a 15-foot wide trail easement recommended in the pedestrians, trails within the existing 100-foot SDG&E easement that and bicycle master plans through the city's traverses the project site. This trail is designated as a capital improvement program, private future unpaved trail per the City's Pedestrian Master development conditions and other Plan {2008). Under existing conditions, the bike lane appropriate mechanisms. on Poinsettia Lane begins on Carlsbad Boulevard and ends at Cassia Road (western terminus of Poinsettia Lane). The bike lane continues again on Poinsettia Lane from Skimmer Court (eastern terminus of Poinsettia Lane) to Melrose Drive. Implementation of the proposed project would close this current gap and increase connectivity to the existing bicycle network. When the Poinsettia Lane extension is completed, the bike lane on Poinsettia Lane would connect from Carlsbad Boulevard to Melrose Drive. Noise Element Goal, Policy Project Consistency Goal 5-G.1: Protect public health and Project-related traffic noise would not have any welfare by eliminating existing noise significant noise impacts to off-site land uses. With. problems where feasible, maintaining an installation of a 6-foot high wall along Poinsettia Lane, acceptable indoor and outdoor acoustic all outdoor active use areas would not be exposed to environment, and preventing significant traffic noise levels exceeding the City's 60 dBA CNEL degradation of the acoustic environment. exterior noise standard for residential uses. All on- Goal 5-G.2: Ensure that new development site residential buildings/structures that are directly is compatible with the noise environment, adjacent to Poinsettia Lane would require mechanical by continuing to use potential noise ventilation systems to meet the 45 dBA CNEL interior exposure as a criterion in land use noise standard for noise-sensitive uses. Goal 5-G.3: Guide the location and design of transportation facilities, industrial uses and other potential noise generators to minimize the effects of Goal 5-G.4: Ensure long-term compatibility The project site is located outside (and to the south) between the airport and surrounding land of the 60 dBA CNEL noise contours generated by use. typical McClellan-Palomar Airport operations, but is located within the Airport Overflight Notification Area (Review Area 1) for Palomar Airport. The ALUCP requires that all new residential projects located within the overflight notification area record a notice informing future residents that the property is subject to overflight, sight and sound of aircraft operating from the airport. A project mitigation measure requires recordation of an aircraft overflight notice, and ensures that impacts associated with intermittent airport overflights remain less than significant Item #5 March 14, 2017 Page 206 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 12 Public Safety Element Goal, Policy Project Consistency Goal 6-G.1: Minimize injury, loss of life, and The project site is located in a Very High Fire Hazard damage to property resulting from fire, flood, Severity Zone. The City has adopted the City of Carlsbad hazardous material release, or seismic disasters. Emergency Plan, which addresses the City's planned response to extraordinary emergency situations. The City's plan identifies certain open space areas and public buildings to serve as emergency shelters when residents must be relocated. The project is located in proximity to El Camino Real, which is designated as an emergency access or emergency evacuation route under the City's Emergency Plan. Completing Reach E of Poinsettia Lane improves emergency access and evacuation routes in the area. The project site is within the five minute response time of Fire Station 2, located less than one mile southeast of the project site, and Fire Station No. 4, located approximately 1.4 miles west of the project site. In accordance with the City of Carlsbad Landscape Manual and fire department requirements, a Conceptual Fire Protection Plan is required when a proposed project contains or is bounded by hazardous vegetation and/or within an area bounded by a Very High Hazard Severity Zone. A Conceptual Fire Protection Plan has been prepared for the project to demonstrate how the proposed project will conform to the policies and requirements of the Landscape Manual, particularly the Fire Policies and Fire Protection Requirements. The plan includes written and graphic illustrations of fire hydrant locations, rear yard setbacks, fuel modification zones, emergency/maintenance access, maintenance responsibility and schedule of frequency, any other project modification to protect the development from fire hazards, and street widths. 60 foot fire fuel modification zones are provided for both manufactured slope areas and native slope areas. Adherence to the Conceptual Fire Protection Plan, which includes the fuel modification zones, would ensure the potential fire hazard remains at a less than significant level. Item #5 March 14, 2017 Page 207 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14~34/HDP 14-07 /HMP 14-04 -POINSETTIA 61 February 1, 2017 Pa e 13 Open Space, Conservation and Recreation Element Goal, Policy Project Consistency Goal 4-G.1: Develop a balanced and integrated Approximately 25.1 acres of the project site will be open space system reflecting a variety of recorded as open space lots and will be conserved as considerations -resource conservation, permanent open space. production of resources, recreation and aesthetic and community identity-and ensuring synergies between various open space components and compatibility with land use planning. Goal 4-G.3: Protect environmentally sensitive Implementation of the proposed project has the potential lands, wildlife habitats, and rare, threatened or to result in direct and indirect impacts to sensitive endangered plant and animal communities. vegetation communities, special status wildlife species, and special-status plant species. However, implementation of mitigation measures would reduce impacts to less than significant levels. Mitigation includes the recordation of a conservation easement and implementation of: an approved Preserve Management Plan for 25.1 acres of on-site open space; an on-site habitat restoration plan totaling 7.8 acres; an onsite Post-fire Habitat Recovery Stewardship Plan; a Contractor Education Program and biological construction monitoring; City review of project design features to minimize indirect impacts; and avoidance of habitat clearing and reduction of construction noise during the breeding season. The project will also preserve 10 acres of off-site habitat as permanent open space. Policy 4-P.9: Maintain and implement the city's The site is identified as a "Standards Area" in the HMP. Habitat Management Plan (HMP), including the The project would convert the properties from a requirement that all development projects Standards Area to a Hard line Area based on Consistency comply with the HMP and related documents. Findings in Section E-38 of the HMP. The project Require assessments of biological resources prior maintains conformance with HMP standards including to approval of any development on sites with provisions for habitat connectivity and wildlife sensitive habitat. movement through the area, avoidance of impacts to wetlands, and implementation of minimum buffer widths. The proposed project is not in conformance with HMP standards that limit residential development to the western halfof the northern parcel. This exception was discussed with the resource agencies and a number of alternatives were developed and analyzed at their request. The analysis indicates that the proposed project meets all of the objectives of the HMP and LCP and that a further reduction in the amount of residential development would not provide meaningful biological benefits and would not be economically feasible. Item #5 March 14, 2017 Page 208 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 14 Open Space, Conservation and Recreation Element, continued Goal, Policy Project Consistency Policy 4-P.15: Maintain functional wildlife The proposed project would improve the habitat corridors and habitat linkage in order to linkage in this area. A minimum 500-foot-wide- contribute to regional biodiversity and the east-west corridor is proposed within the project viability of rare, unique or sensitive open space, south of Poinsettia Lane. The biological resources throughout the city. Poinsettia Lane Bridge span is the maximum length to feasibly construct the road based on available and projected funding. The bridge span is sufficient in length to allow for movement of all wildlife species that occur in the area. A 300-foot constriction north of Poinsettia Lane is allowed because it preserves the natural topography of the canyon and is sufficient to connect habitats through this region. Policy 4-P.18: Require that, at the time of Approximately 25.1 acres of the project site will be any discretionary approval, any land recorded as open space lots and will be conserved identified as open space for its habitat or as permanent open space. The project will apply scenic value shall have an appropriate Open Space land use and zoning designations to the easement and/or land use and zoning conserved open space lots for resource protection. designation placed on it for resource In addition, the project will preserve 10 acres of off- protection. site habitat as permanent open space. Sustainability Element Goal, Policy Project Consistency Policy 9-P.1: Enforce the Climate Action The project implements and is consistent with Plan {CAP) as the city's strategy to reduce measures identified in the CAP through the greenhouse gas emissions. provision of renewable energy generation {photo- voltaic {PV) systems on rooftops), energy conservation {Green Building Code), LED or similarly efficient project lighting, solar water heating as part of the residential PV rooftop systems, accommodating Zero-Emission vehicles, and other gl'eenhouse gas reduction measures and features. B. Residential Density-Multiple Zone and Planned Development Ordinance The proposal is to create an eight-lot residential development {two lots for residential development and six homeowners association {HOA) lots) in addition to the two open spaces lots that will be part of the HMP Preserve. The residential lots will share access and necessitate that a Planned Development Permit be processed to supplement the proposed Vesting Tentative Map {CT 14-10). The 123 detached condominium homes will have exclusive use easements for the private yards. They will share private street and common drive aisle access, parking areas, recreation areas, RV storage and landscaped areas, which will be commonly maintained by the HOA. The proposed project is required to comply with all applicable use and development standards of the Carlsbad Municipal Code {CMC) including the Residential Density-Multiple (RD-M) Zone (CMC. Chapter 21.24) and Planned Developments (CMC. Chapter 21.45). Item #5 March 14, 2017 Page 209 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 15 The 123 detached single family residential condominium unit project meets or exceeds the requirements of the RD-M Zone. The Planned Development regulations provide most of the development standards with the exception of those RD-M standards listed in Table 4 below. TABLE 4-RD-M COMPLIANCE RD-M Standards Required Proposed Comply Lot Area 6,000 sf 6.7 acres Yes Lot Width 60' 600' Yes The project is in compliance with all applicable development standards and City Council Policies for Planned Developments. The compliance tables, Tables C and E of the Planned Development regulations and City Council Policies 44 and 66, are included in Attachment 4. C. Subdivision Ordinance, Title 20 of the Municipal Code The project necessitates the processing of a Tentative Tract Map because it involves the subdivision of more than five lots by creating 10 individual lots and 123 individually owned detached condominium homes with exclusive use easements for the private yards. The applicant has requested a Vesting Tentative Tract Map (CT 14-10). A Residential Planned Development Permit (PUD 14-12) accompanies this application for the condominium units. The Land Development Engineering Division has reviewed the proposed Tentative Tract Map and has found that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance (Title 20) for Tentative Tract Maps. The project has been conditioned to install all infrastructure-related improvements and the necessary easements for these improvements concurrent with the development. D. Local Coastal Program and Coastal Resource Protection Overlay The project site is located within the Mello II Segment of the Local Coastal Program, but is not within the appealable jurisdiction of the California Coastal Commission. However, the project's LCPA requires approval by the Coastal Commission after city approvals are obtained. The development area of the project site is proposed to have a Local Coastal Program Land Use designation of Residential (R-8) and zoning of Residential Density-Multiple (RD-M) consistent with the proposed General Plan Land Use designation and Zoning for the site. The site is also located within and subject to the Coastal Resources Protection Overlay Zone. A six week notice of intent of a land use change in the Coastal Zone was filed with the California Coastal Commission and ran from December 11, 2015, to January 22, 2016. The project's compliance with each of the applicable Coastal Program policies programs and ordinances is discussed below. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. The property is not identified as an active "Map X-Designated Coastal Agricultural Lands" site. However, as noted above, the project will need to pay a HMP mitigation fee for the loss of 20 acres of Unique Farmland which is considered disturbed lands under the HMP. Hillside grading and geological stability are other areas of coastal regulations that are applicable to the project. Hillside grading within the Coastal Zone is discussed later in this report. The project's geotechnical report indicates that some areas of the property are subject to potential expansive soils, unstable geologic units and liquefaction, and landslides. Mitigation measures require adherence to the recommendations of the project's geotechnical report which include the following to address each of these areas of concern: Item #5 March 14, 2017 Page 210 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 16 • Expansive soils: Removal of the upper two to four feet of clayey soil and replacement with a very low expansion sandy material (El<20) and additional expansion index testing during mass grading of the site. • Unstable geologic units and liquefaction: Complete removal of the loose, compressible undocumented fill and alluvial soils and replacement with compacted fill. • Landslides: Buttressing excavations, keyways, liners and subdrains, and landscaping for slope stability. With the above mitigation measures, the project adequately addresses regulations of the Coastal Act. The project is consistent with other policies of the Coastal Act in that a) the project has been designed to reduce the amount of runoff off-site through the use of Low Impact Development (LID) design features and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; b) the project does not preclude any recreational opportunities or shoreline access as the property is not located adjacent to any waterways or bodies of water; and c) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. Limited development, less than five percent, is proposed on natural steep slopes (~25 percent gradient) and justification has been provided for the proposed grading volumes as discussed later in this report. Habitat impacted by the project is being mitigated according to the mitigation standards of the Habitat Management Plan. In addition, the site is not located in an area susceptible to accelerated erosion or floods and the discussion above addresses the requirements of the Coastal Resource Protection Overlay Zone related to geologic stability. E. Site Development Plan and lnclusionary Housing Ordinance The proposed project involves the creation of 123 residential units through a subdivision and, therefore, must provide affordable housing to lower-income households as specified in the lnclusionary Housing Ordinance (Chapter 21.85 of the Zoning Ordinance). A Site Development Plan (SDP) is required for inclusionary housing projects. For residential development of seven or more units, not less than fifteen percent of the total units approved shall be constructed and restricted both as to occupancy and affordability to lower-income households. Therefore, the project is responsible for providing 19 inclusionary units. To satisfy this requirement, the applicant proposes to build secondary (accessory) dwelling units integrated with 15 of the Plan 4 homes. A maximum of 15 accessory dwelling units are allowed to meet inclusionary housing requirements, so the applicant will purchase credits for the remaining four inclusionary units. Based on feedback and direction from the city's Housing Policy Team, the Housing and Neighborhood Services Director has recommended approval of the developer's request to include 15 accessory (second) dwelling units within the development to satisfy the city's lnclusionary Housing Ordinance, subject to an accessory unit floor plan layout as detailed in the proposed conditions of approval. To meet the condition, the inclusionary unit floor plan will be designed as a modification of the NextGen unit currently shown on the project plans. However, for clarification, the NextGen unit as currently shown on the project plans will not count toward the project's inclusionary housing requirement (15 units) but would be an available option for the rest of the Plan 4 homebuyers. The project meets all necessary findings for approval of the SDP. The applicant has been conditioned to satisfy the inclusionary housing requirement for lower-income households by entering into an Affordable Housing Agreement prior to final map approval. By entering into the agreement prior to final map approval, the applicant is providing its fair share of housing affordable to lower income households, and therefore is consistent with the lnclusionary Housing Ordinance. Item #5 March 14, 2017 Page 211 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 17 F. Hillside Development Regulations (Chapter 21.95} of the Municipal Code The project site exhibits a change in grade elevation greater than 15 feet and slopes greater than 15 percent, and therefore requires a Hillside Development Permit. In addition, development on natural slopes of 25 percent or greater within the Coastal Zone needs to meet additional requirements. The project meets requirements of the Hillside Development Regulations and has provided findings to justify the proposed grading volume which is considered to be potentially unacceptable. Hillside conditions of the project have been properly identified on the constraints map, which show existing and proposed conditions and slope percentages. Coastal Zone Hillside Development Regulations (CMC 21.95.140/A)) The project contains existing natural slopes of 25 percent or greater and is subject to the applicable requirements for development in the Coastal Zone {CMC 21.203.040). The intent of these requirements is to preserve steep {greater than 25 percent) natural slopes and vegetation. A development constraints exhibit has been prepared for the project showing the areas of steep slopes and habitat areas. Grading and construction of streets in the city's Mobility Element are exempt from this policy per CMC Section 21.95.150{8)), so it does not apply to the grading and construction of the Poinsettia Lane extension. Impacts to natural slopes from the residential development are subject to the Coastal Zone policy to preserve steep slopes, unless the application of the policy would preclude reasonable use of the property or the encroachments would preserve natural habitat per the HMP, and the required amount of area to be preserved could not be achieved by strict adherence to the policy. In addition, those remaining slopes and habitat areas outside of the development are to be placed in a permanent open space easement. The project's biological resources report documents that the clustering of the development in the northern portion of the project site results in a higher percentage of preserved habitat, and better preserves and maintains wildlife corridor linkages. Development of Natural Slopes of 40% Gradient (CMC 21.95.140(8)) Development shall not occur on natural slopes which exhibit all of the following characteristics: 1. A gradient of greater than 40%; and 2. An elevation differential of greater than 15 feet; and 3. A minimum area of 10,000 square feet; and 4. The slope comprises a prominent land form feature. There are natural slopes on the site that possess slopes with a gradient greater than 40%, an elevation differential of greater than 15 feet, and are greater than 10,000 square feet in area. However, the slopes that will be graded do not comprise prominent land form features. Moreover, the majority of the slopes over 40% are in the southern portion of the project site that will be preserved as open space. Some small portions of the site to be developed are over 40% but do not meet all of the above criteria and are enveloped in primarily lower gradient slopes. Therefore the slopes may be developed. Item #5 March 14, 2017 Page 212 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 18 Development of Manufactured Slopes Over Forty Percent Gradient and Greater than 20 Feet in Height (CM. 21.95.140(() and (F)(l)) The project includes manufactured slopes that are over 40 percent gradient and greater than 20 feet in height. These are located along perimeter property lines, primarily downhill slopes along the southerly edge of Lot 1 north of the existing riparian habitat areas that are required to be preserved and buffered, and uphill slopes along the northerly edge of Lot 1. These slopes are designed with single or two terraced planted gravity walls, or mechanically stabilized earth walls. For the most part, these walls comply with the maximum six foot height limit, but a small section of the southerly wall reaches heights of eight to 12 feet. The proposed grading volume (9,648 cubic yards/acre) also falls within the potentially acceptable level, rather than the acceptable level, per CMC Section 21.195.140(0). The manufactured slopes that are over 20 feet in height are contour graded so that they either follow the topography and buffer line of the riparian area to the south or transition the development to existing slopes to the north of the project. The applicant has justified the reasons for the proposed grading volume to the satisfaction of the City Planner and the City Engineer. The reasons are discussed in the Habitat Management Plan section below. Exclusions for Circulation Element Roadway (CMC Section 21.95.150(B)) Within the coastal zone, grading and construction of circulation element roadways are excluded from CMC Section 21.203.040(A)(1). Thus, the development of Poinsettia Lane Reach E is excluded from the requirements to preserve steep slopes and vegetation. Encroachments for Habitat Preservation (CMC Section 21.95.160(E)) Within the Coastal Zone, encroachments may be approved to slopes of 25 percent and greater in order to preserve natural habitats as required by the HMP and in accordance with CMC Chapter 21.203, provided that the required amount of preservation could not be achieved by strict adherence to the requirements of Sections 21.95.140(A) or (B) of the Hillside Development Ordinance. As discussed in the next section, the applicant has demonstrated that the required amount of habitat preservation could not be achieved by strict adherence to these requirements. G. Habitat Preservation and Management Requirements The project occurs within a potential habitat linkage and wildlife corridor situated north to south along the eastern portion of the property. In addition, the project will impact 6.3 acres of southern maritime chaparral and disturbed southern maritime chaparral (Habitat Group B) as well as approximately 20 acres of agricultural and disturbed lands (Habitat Group F). As such, the project is subject to the Habitat Preservation and Management Requirements (CMC Chapter 21.210) as well as parcel-specific standards in the Mello II Segment of the LCP. The project also proposes conversion of a HMP Standards Area to a Hardline Preserve area, which is defined as a minor amendment to the HMP. Approximately 80 percent of the residential development would occur in existing agricultural and disturbed areas. The LCP states that development for the existing most northerly parcel (APN 215- 020-07) should be clustered on the "western half" of the property, assumed to mean 50 percent of this parcel. The other lots in the project site are intended by the LCP to be developed on the westerly 25 percent. Essentially, these requirements would shift development to the west and extend it south into existing open space, effectively blocking a wildlife corridor linkage, and would preserve the eastern half of already disturbed agricultural land. Item #5 March 14, 2017 Page 213 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETTIA 61 February 1, 2017 Pa e 19 The project instead clusters proposed development primarily in the northerly parcel from west to east, and will preserve and add the southerly open space and wildlife corridor to the Habitat Preserve. The project also includes a span bridge design for Poinsettia Lane that preserves and enhances wildlife and habitat connectivity. Under strict adherence to HMP requirements, a culvert would be required instead of a span bridge, and would result in increased impacts to native habitat on the order of 5 acres. In addition, a more compliant alternative would create additional development edges next to preserve open space. Although the bridge would constrain the wildlife corridor somewhat in a "pinchpoint" width of 272 feet, the corridor would still be 300 feet wide at the northern end and expand to 1,000 feet wide south of the project site. The existing width in the location of the bridge is currently less than 100 feet due to the existing agricultural use of the site in this location. The project would restore over 200 feet of this area and create a viable habitat linkage. The biological resources report states that habitat linkage constrictions of 300-400 feet are common within San Diego County regional conservation plans and limited to no more than a 500-foot length. The proposed project falls within these thresholds and, given the small size of the habitat preserves that this project connects with, such a constriction would not reduce regional conservation value. The project is designed to implement the purpose and intent of the HMP and LCP development restrictions and guidelines. The project will fully mitigate impacts to southern maritime chaparral on-site as well as off-site locations in adjacent parcels to the southeast, at Veteran's Park and Aviara Park as described in the project's biological report. The overall function of the Habitat Preserve will be enhanced by the proposed clustered development layout. In particular, the requirement for a 500-foot east -west corridor through the zone can only be achieved by the proposed clustering of development. The strict interpretation of the HMP and LCP standards would create development along the entire western boundary of the project, eliminating an east -west habitat linkage. The proposed project is in compliance with HMP and LCP standards with the exception that residential development is not restricted only to the western portions of the lots within the project boundary. This single exception has been discussed with the resource agencies and a number of alternatives were developed and analyzed at their request. The analysis indicated that the proposed project meets all of the objectives of the HMP and LCP, and that a further reduction in the amount of residential development would not provide meaningful biological benefits and would not be economically feasible. Additional findings are required by Section 21.210.080 for the HMP minor amendment and are included in the resolution. The HMP amendment to convert a Standards Area to a Hardline Area is subject to a Finding of Consistency by the resource agencies. The city and applicant are working with the resource agencies to resolve minor revisions to the details of the HMP preservation plan and report in order to obtain final confirmation of a Finding of Consistency for the project prior to consideration by the City Council. H. McClellan-Palomar Airport Land Use Compatibility Plan {ALUCP) The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The ALUCP was amended on December 1, 2011, and all projects within its boundary are required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and Overflight. Based on a review of the ALUCP, the project site is located in Safety Zone 6 within the airport influence area {AIA) of the McClellan Palomar Airport (San Diego County Regional Airport Authority-SDCRAA 2011). Additionally, the project site is located within the ALUCP's Airport Overflight Notification Area and Review Area 1 of the AIA (SDCRAA 2011). Item #5 March 14, 2017 Page 214 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 20 On September 26, 2016, the ALUC determined that the proposed project is consistent with the McClellan- Palomar ALUCP. Based on the ALUC's consideration of four compatibility factors and their associated policy objectives as they relate to noise, safety, airspace protection, and overflight, the following summarizes the ALU C's consistency determination as it relates to each of these factors: 1. Based on a review of Exhibit 111-1 from the ALUCP (2011), the project site is located to the south of the 60 dBA CNEL noise contour and the ALUCP identifies all uses located outside the 60 dB CNEL noise contour as compatible with airport uses. 2. According to Policy 3.4.4(e) of the ALUCP (2011), residential development is compatible with Safety Zone 6. 3. The proposed project is in compliance with the ALUCP airspace protection surfaces because a determination of no hazard to air navigation has been issued by the FAA. 4. The project site is located within the Airport Overflight Notification Area (Review Area 1) of the AIA for the airport. Residential properties located in an overflight notification area may be subject to some of the annoyances or inconveniences associated with their proximity to airport operations, and therefore the project will be required to record an overflight notification for the project site area. I. Growth Management -Local Facilities Management Plan Zone 21 The proposed project is located within Local Facilities Management Zone 21 in the southwest quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 5 below. TABLE 5-GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 435 sq. ft. Yes Library 232 sq. ft. Yes Waste Water Treatment 123 EDUs Yes Parks 0.87 acre Yes Drainage 154 cfs; Drainage Basin D Yes Circulation 1,230 ADT Yes Fire Station No. 2 Yes Open Space 35 acres provided on-and off-site Yes Schools Carlsbad (E=43.49/M=12.74/HS = 11.79) Yes Sewer Collection System 123 EDUs Yes Water 67,650 GPD Yes A constraints analysis of the 50.8 acre project site indicates that there are 39.88 net developable acres. Applying the project's existing General Plan Land Use designation of R-4 (0-4 dwelling units per acre and a Growth Management Control Point (GMCP) of 3.2 dwelling units) to the 39.88 acres would allow for 128 dwelling units on the site. As discussed previously, the land use is proposed to be changed to reflect the clustering and resulting density of development on the northern portion of the property. The project proposes 123 dwelling units, which is consistent with the R-8 Land Use designation and is five fewer units than could have been developed under the existing land use. Therefore, five dwelling units will be deposited into the Excess Dwelling Unit Bank (EDUB). In addition, the two parcels that comprise the mitigation site represent 4.37 net acres of developable land that could allow for 14 units of residential development based on the GMCP. The change in land Item #5 March 14, 2017 Page 215 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 21 use designation and conservation of the entire mitigation site as Open Space voids potential development on these parcels, so a further 14 dwelling units will be deposited into the EDUB for the mitigation parcels. Therefore, the project will deposit a total of 19 dwelling units into the EDUB for the Southwest Quadrant. IV. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) was prepared for the Poinsettia 61 project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental Protection Procedures (Title 19) of the CMC. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project, including development of the project. City staff issued a Notice of Preparation (NOP) on January 22, 2016, and on March 1, 2016. The NOP was distributed to all Responsible and Trustee Agencies, as well as other agencies, and members of the public. Staff scheduled a public scoping meeting in order to increase opportunities for public input. Notices of the scoping meeting were sent to all property owners within a 600-foot radius of the project boundaries as well as being published in the San Diego Union Tribune. The public scoping meeting took place on February 11, 2016, at the Faraday Center. At the scoping session, the public was invited to comment on the scope and content of the EIR. Written responses were received and these comments were taken into consideration prior to developing a detailed scope of work for the EIR and are published in the Introduction chapter of the EIR. The main comments submitted on the NOP during the public review and comment period were directed towards potential traffic and noise impacts on existing residential neighborhoods, and consistency with the Habitat Management Plan. The Poinsettia 61 project EIR analyzed the following areas of potential environmental impact: • Aesthetics • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions/Climate Change • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Noise • Population and Housing • Public Services • Transportation and Traffic • Utilities and Service Systems Following consideration of the public and agency comments submitted on the NOP, it was determined that the proposed project would not result in a significant impact to the following environmental topics: • Mineral Resources • Recreation Item #5 March 14, 2017 Page 216 of 334 EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 -POINSETIIA 61 February 1, 2017 Pa e 22 Additionally, the Draft EIR includes other sections required by CEQA including an Executive Summary, Project Description, Cumulative Effects, Effects Found Not to Be Significant, and Growth Inducing Effects and Alternatives. Three alternatives are considered in the EIR. The alternatives include the "no project/no development" alternative, a "Poinsettia Lane only" alternative, and a "reduced site" alternative. On October 31, 2016, the Draft EIR was published and the City notified interested Responsible and Trustee Agencies, as well as other interested agencies. The "Notice of Completion" {NOC} commenced an initial 45-day public review and comment period expiring on December 15, 2016. The NOC advised that the Draft EIR was available for review at four locations: City of Carlsbad Planning Division; the City Clerk's Office; the Georgina Cole Library; and the Carlsbad City Library. Complete hardbound and CD copies were also available with the appendices through the Planning Division. The Draft EIR was also published on the City's website at (http:ljwww.carlsbadca.gov/services/depts/planning/agendas.asp). In response to the NOC, a total of nine comment letters were submitted prior to the close of the public review period for the Draft EIR. Responses to the comment letters are contained in the Final EIR, and were sent to each commenting individual, organization or agency. The response transmittal letter also provided notice of availability of the Final EIR. The Final EIR includes a Mitigation Monitoring and Reporting Program {MMRP). The MM RP is also attached to Planning Commission Resolution No. 7224 for the EIR. The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance. ATIACHMENTS: 1. Planning Commission Resolution No. 7224 2. Planning Commission Resolution No. 7225 3. Planning Commission Resolution No. 7226 4. Planned Development Compliance Tables C, E and City Council Policies 44 and 66 5. Location Map 6. Disclosure Statements 7. Reduced Exhibits "A" -"MMM", dated February 1, 2017 8. Correspondence from the Public 9. Final EIR for Poinsettia 61 dated January 17, 2017 (copy on file in the Planning Division and available at http:ijwww.carlsbadca.gov/services/depts/planning/agendas.asp Item #5 March 14, 2017 Page 217 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Per the underlying General Plan designation. When two or more general The project complies with the plan land use designations exist within a planned development, the density existing underlying R-4 General may be transferred from one general plan designation to another with a Plan Land Use Designation GMCP general plan amendment. density of 3.2 du/acre. The proposed General Plan Amendment transfers density by C.1 Density changing the land use designation from R-4 to R-8 for approximately 20.1 acres of the site, and preserves approximately 25.1 acres as open space. The 123-unit' project is consistent with the R-8 GMCP density of 6 du/acre. All dwelling units adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: The project complies with the 40- Prime Arterial 50 Feet foot-wide setback requirement Major Arterial 40 Feet from Poinsettia Lane. Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet Half (50%) of the required arterial setback area located closest to the arterial The project complies with the Arterial shall be fully landscaped to enhance the street scene and buffer homes from requirement that half of the C.2 Setbacks traffic on adjacent arterials, and: required setback area from Shall contain a minimum of one 24" box tree for every 30 lineal feet of street Poinsettia Lane shall be fully frontage; and landscaped including street trees Shall be commonly owned and maintained. and HOA-owned and maintained. Project perimeter walls greater than 42 inches in height shall not be located in the required landscaped portion of the arterial setback, except noise No project perimeter walls will be attenuation walls that: Are required by a noise study, and located in the required landscaped Due to topography, are necessary to be placed within the required portion of the arterial setback. landscaped portion of the arterial setback. Permitted Intrusions Permitted intrusions into required building setbacks shall be the same as All buildings meet all required into C.3 Setbacks/ specified in Section 21.46.120 of this code. The same intrusions specified in setbacks and building separation Building Section 21.46.120 shall be permitted into required building separation. requirements. Separation Minimum right-of-way width 56 feet Minimum curb-to-curb width 34 feet Project meets all minimum desigh Minimum parkway width Private (curb adjacent) 5.5 feet, including curb requirements for the proposed 5 feet (setback 6 inches from private streets. C.4 Streets Minimum sidewalk width property line) Minimum right-of-way width 60 feet N/ A. Project is not proposing a Minimum curb-to-curb width 34 feet Public Minimum parkway width public street within the residential (curb adjacent) 75 feet, including curb development. The completion of Item #5 March 14, 2017 Page 218 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 Minimum sidewalk width 5 feet (setback 6 inches from Poinsettia Lane is designed to city property line) standards. A minimum of one street tree One-family dwellings and (24-inch box) per lot is required See below. twin homes on small-lots to be planted in the parkway along all streets. Project complies. Street trees are Street trees shall be spaced no proposed adjacent to Poinsettia Street Condominium projects further apart than 30 feet on Lane as well as along the main Trees center within the parkway. ingress/egress private streets and within main drive aisle. parkways The landscaping complies with the Carlsbad Landscape Manual and Tree species should be selected to create a unified image for creates a unified image for the the street, provide an effective canopy, avoid sidewalk damage streets, provides an effective and minimize water consumption. canopy, avoids sidewalk damage and incorporates recycled water for irrigation. 3 or fewer Minimum 12 feet wide when the drive-aisle is not required for emergency vehicle access, as determined by the Fire Chief. dwelling If the drive-aisle is required for emergency vehicle access, it N/A units shall be a minimum of 20 feet wide. 4 or more All private(drive aisles have a dwelling Minimum 20 feet wide. units minimum width of 20 feet. No parking shall be permitted within the minimum required No parking is proposed within the width of a drive-aisle. minimum required width of the proposed private drive-aisles. A minimum 24-foot vehicle back-up/maneuvering area shall be All garages provide a minimum 24-provided in front of garages, carports or uncovered parking spaces (this may include driveway area, drive-aisles, and foot vehicle back-up maneuvering c.s Drive-aisles streets). area in front of garages. Additional width may be required for vehicle/emergency Fire truck turning movements have vehicle maneuvering area. been incorporated into the design All of the drive aisles. projects Pedestrian walkway connections are provided along the private Parkways and/or sidewalks may be required. streets (parkway and sidewalk on both sides) and main drive aisle (sidewalk on one side) of the project. No more than 24 dwelling units shall be located along a single-N/ A, the project is not a single- entry drive-aisle. entry development All drive-aisles shall be enhanced with decorative pavement. The drive aisles are enhanced with colored concrete paving. Number of Projects with 10 units or fewer A .30 space per each unit. The proposed project includes 123 Visitor Projects 11 units or more A .25 space per each unit. dwelling units. As a result, a total C.6 Parking When calculating the required number of visitor parking spaces, if the of 31 visitor parking stall are Spaces calculation results in a fractional parking space, the required number of required. The project provides 33 Required visitor parking spaces shall always be rounded up to the nearest whole stalls on-site and therefore (1) number. complies with this requirement. Item #5 March 14, 2017 Page 219 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 On-str~et visitor parking is permitted on private/public streets, Most of the on-street visitor subject to the following: parking is located on the private The private/public street is a minimum 34-feet wide (curb-to-streets, and complies with these curb) requirements. There are no restrictions that would prohibit on-street parking where the visitor parking is proposed The visitor parking spaces may be located: Along one or both sides of any private/public street(s) located within the project boundary, and Along the abutting side and portion of any existing On public/private street(s) that is contiguous to the project Private/ boundary. Public In parking bays along public/private streets within the project Some of the visitor parking is Streets boundary, provided the parking bays are outside the minimum located in parking bays that are all required street right-of-way width. outside the minimum required street right-of-way width. When visitor parking is provided as on-street parallel parking, The parallel parking stalls provided not less than 24 lineal feet per space, exclusive of throughout the development Location of driveway/drive-aisle entrances and aprons, shall be provided comply with this requirement. C.7 Visitor for each parking space, except where parallel parking spaces Parking are located immediately adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be provided. Within the Beach Area Overlay Zone, on-street parking shall not N/A count toward meeting the visitor parking requirement. Some of the visitor parking stalls On Drive-Visitor parking must be provided in parking bays that are are located on the main drive aisle aisles located outside the required minimum drive-aisle width. and are all outside the minimum drive aisle width. One required visitor parking space may be credited Outside for each driveway in a project that has a depth of N/A the 40 feet or more. Beach For projects with 10 or fewer units, all required N/A Area visitor parking may be located within driveways Ona Overlay (located in front of a unit's garage), provided that Driveway Zone all dwelling units in the project have driveways with a depth of 20 feet or more. Within One required visitor parking space may be credited the for each driveway in a project that has a depth of N/A Beach 40 feet or more. Item #5 March 14, 2017 Page 220 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 Area If the streets within and/or adjacent to the project Overlay allow for on-street parking on both sides of the Zone street, then visitor parking may be located in a driveway, subject to the following: All required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. N/A If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). The minimum driveway depth required for visitor parking (20 feet or 40 feet) applies to driveways for All front or side-loaded garages, and is measured from N/A projects the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No No compact visitor parking spaces Compact overhang is permitted into any required setback area or over are provided. sidewalks less than 6 feet wide. Parking For all projects within the Beach Area Overlay Zone, up to 55% of the visitor parking may be provided as compact spaces (8 N/A feet by 15 feet). Distance Visitor parking spaces must be located no more than 300 feet Visitor parking is located within 300 from unit as measured in a logical walking path from the entrance of the feet of the units it could potentially unit it could be considered to serve. serve. Screening Open parking areas should be screened from adjacent residences and public Visitor parking will be screened C.8 of Parking rights-of-way by either a view-obscuring wall, landscaped berm, or with landscaping. There are no Areas landscaping, except parking located within a driveway. open parking areas. Community recreational space shall be provided for all projects of 11 or Project complies. The project more dwelling units, as follows: includes 123 dwelling units. As a Project is NOT within result, a total of 24,600 square feet R-23 general plan 200squarefeetperunlt of community recreational space is Minimum community designation required. The project provides recreational space Project IS within R-23 26,170 square feet of common required community recreation space and Community general plan 150 square feet per unit therefore complies with this C.9 Recreation · designation requirement. al Space (1) Community recreational space shall be provided as Projects with 11 to 25 either (or both) passive or active recreation N/A dwelling units facilities. Community recreational space shall be provided as Projects with 26 or both passive and active recreational facilities with a The project complies. more dwelling units minimum of 75% of the area allocated for active facilities. Item #5 March 14, 2017 Page 221 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 Project complies. The project Community recreational space shall be provided as includes 123 dwelling units. As a result, 18,450 square feet of active both passive and active recreational facilities for a recreation space is required. The variety of age groups (a minimum of 75% of the area allocated for active facilities). project proposes 21,000 sf (80%) of active recreation spaces including a pool/spa area and tot lots. Projects with 50 or For projects consisting of one-family dwellings or more dwelling units twin homes on small-lots, at least 25% of the community recreation space must be provided as pocket parks. N/A Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially "T-intersections") and where open space vistas may be achieved. Project complies. Community Community recreational space shall be located and recreational spaces are located designed so asto be functional, usable, and easily throughout the development and accessible from the units it is intended to serve. are functional, usable, and easily accessible from the units they serve. All projects Credit for indoor recreation facilities shall not (with 11 or more exceed 25% of the required community recreation N/A dwelling units) area. Required community recreation areas shall not be located in any required front yard and may not include any streets, drive-aisles, driveways, parking N/A areas, storage areas, slopes of 5% or greater, or walkways (except those walkways that are clearly integral to the design of the recreation area). In addition to required resident and visitor parking, recreation area parking shall be provided, as follows: 1 space for each 15 residential units, or N/A Recreation Area fraction thereof, for units located more than 1,000 feet from a community recreation area. Parking The location of recreation area parking shall be subject to the same location requirements as for N/A visitor parking, except that required recreation area parking shall not be located within a driveway(s). Examples of recreation facilities include, but are not limited to, the following: Swimming pool area Children's playground equipment Spa Courts (tennis, racquetball, volleyball, basketball) Recreation rooms or buildings Active Horseshoe pits Pitch and putt Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of SO feet) Any other facility deemed by the City Planner to satisfy the intent of providing active recreational facilities Item #5 March 14, 2017 Page 222 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 Benches Passive Barbecues Community gardens Grassy play areas with a slope of less than 5% -Project complies. Pedestrian scaled C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided. LED path lighting will be installed along the pedestrian walkways and drive aisles. C.11 Reserved Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the R-15 or R-23 land use designations. Project complies. A minimum of 20 square feet per unit, not to include area required for driveways and 2,460 sf of RV storage is required approaches. and more than 2,600 sf of RV Developments located within master plans or residential specific plans may storage is provided. Recreation have this requirement met by the common RV storage area provided by the al Vehicle master plan or residential specific plan. C.12 (RV) RV storage areas shall be designed to accommodate recreational vehicles of Storage (1) various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.). Project complies. The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the Project complies. covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. 480 cubic feet of separate storage space per unit. Each unit proposes a two-car If all storage for each unit is located in one area, the space may be reduced garage (20 ft. x 20 ft. minimum interior space), which satisfies the ' to 392 cubic feet. storage space requirement. Required storage space shall be separately enclosed for each unit and be N/A conveniently accessible to the outdoors. C.13 Storage Required storage space may be designed as an enlargement of a covered Space parking structure provided it does not extend into the area of the required parking stall, and does not impede the ability to utilize the parking stall (for N/A vehicle parking). A garage (12'x20' one-car, 20'x20' two-car, or larger) satisfies the required Complies -see above. storage space per unit. This requirement is in addition to closets and other indoor storage areas. N/A (ll This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). Item #5 March 14, 2017 Page 223 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Livable Must comply with City Council Policy 66, Principles for the Development E.1 Neighborhood SEE SEPARATE COMPLIANCE CHART Policy of Livable Neighborhoods. One-family and Must comply with City Council Policy 44, Neighborhood two-family Architectural Design Guidelines SEE SEPARATE COMPLIANCE CHART dwellings There.shall be at least three separate building planes on all building elevations. The minimum offset in planes N/A shall be 18 inches and shall include, but not be limited to, building walls, windows, and roofs. All building elevations shall incorporate a minimum of four complimentary design elements, including but not limited to: • A variety of roof planes; E.2 Architectural • Windows and doors recessed a minimum of 2 inches; Requirements Multiple-family • Decorative window or door frames; dwellings • Exposed roof rafter tails; • Dormers; • Columns; N/A • Arched elements; • Varied window shapes; • Exterior wood elements; • Accent materials such as brick, stone, shingles, wood, or siding; • Knee braces; and • Towers . E.3 Maximum 60% of total project net developable acreage. Project complies. Total building Coverage coverage is approximately 21% Project complies. Height does not Same as required by the underlying zone, and not to exceed three stories exceed 30' and does not exceed 2 (1)(7) stories. Single-story Plan 1 is maximum 22', and two story plans Maximum are up to 27'. E.4 Building Height Projects 40 feet, if roof pitch is 3:12 or greater within the R-35 feet, if roof pitch is less than 3:12 23 general N/A plan designation Building height shall not exceed three stories (1)(7) Residential 10 feet Project complies. Buildings meet all From a structure setback requirements (minimum 40 private or feet from Poinsettia Lane, 10 feet public Direct entry 20 feet from internal private streets; no Minimum street!2H3l garage direct entry garages on public or E.5 Building private streets). Setbacks Residential 5 feet, fully landscaped (walkways structure From a drive-(except as providing access to dwelling entryways 5 feet minimum aisle!4 l may be located within required specified landscaped area) below) Item #5 March 14, 2017 Page 224 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT NO. DEVELOPMENT STANDARD COMPLIANCE COMMENT Residential structure -0 feet when projecting over the front of a directly N/A above a garage. garage 3 feet Project complies. The project provides 5 foot setbacks for garages Garage Garages facing directly onto a drive-aisle facing directly onto a drive-aisle. All shall be equipped with an automatic residential units will be equipped garage door opener. with an automatic garage door opener. Projects of 25 0 feet (residential structure and garage) N/A units or less within the R-15 Garages facing directly onto a drive-aisle and R-23 shall be equipped with an automatic N/A general plan garage door opener. designations 0 feet May cantilever over a drive-aisle, provided the balcony/deck complies with Balconies/decks all other applicable requirements, such Project complies. Buildings meet all ( unenclosed as: setback requirements, no balconies and uncovered) • Setbacks from property lines or decks cantilever over a drive isle . • Building separation • Fire and Engineering Department requirements From the perimeter property The building setback from an interior side lines of the pro}ect site (not or rear perimeter property line shall be Project complies. Buildings meet all adjacent to a public/private the same as required by the underlying setback requirements. street) zone for an interior side or rear yard setback. Minimum 10 feet minimum provided, project E.6 Building 10 feet Separation complies. If a project is located within the R-23 general plan designation, resident parking shall be provided as \~ specified below, and may also be provided as follows: All dwelling • 25% of the units in the project may include a tandem N/A types two-car garage (minimum 12 feet x 40 feet). • Calculations for this provision resulting in a fractional unit may be rounded up to the next whole number. E.7 Resident 2 spaces per unit, provided as either: Parking (5l • a two-car garage (minimum 20 feet x 20 feet), or One-family • 2 separate one-car garages (minimum 12 feet x 20 and two-feet each) Project complies. All dwellings have family a two-car garage. dwellings • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (5l Studio and one-1.5 spaces per unit, 1 of which must be N/A bedroom units covered (5l Item #5 March 14, 2017 Page 225 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT NO. DEVELOPMENT STANDARD COMPLIANCE COMMENT -When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. 2 spaces per unit, provided as either: • a one-car garage (12 feet x 20 feet) and 1 covered or uncovered space; or (5) • a two-car garage (minimum 20 feet x Each unit proposes a two-car garage Units with two 20 feet), or (20 ft. x 20 ft. minimum interior or more bedrooms • 2 separate one-car garages (minimum space), which satisfies the resident 12 feet x 20 feet each) parking requirement. Multiple-• In the R-W Zone and the Beach Area family Overlay Zone, the 2 required parking dwellings spaces may be provided as 1 covered space and 1 uncovered space (5 ) Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: • Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting N/A columns; and • A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. Required resident parking spaces shall be located no more than 150 feet as measured in a logical walking path Garages are integrated into the floor from the entrance of the units it could be considered to plans and meet this requirement. serve. Project complies. Private recreational space is within the Required private recreational space shall be designed so designated exclusive use area for as to be functional, usable, and easily accessible from the each home and is designed to be dwelling it is intended to serve. functional, usable, and easily accessible from the dwelling units it One-family, is intended to serve. Private two-family, Project complies. Private E.8 Recreational and multiple-Required private recreational space shall be located recreational space is located Space family adjacent to the unit the area is intended to serve. adjacent to the units it is intended to dwellings serve. Project complies. Required private Required private recreational space shall not be located recreational space is not located within any required front yard setback area, and may not within any required front yard -include any driveways, parking areas, storage areas, or setback area; and does not include common walkways. any driveways, parking areas, storage areas or common walkways. Item #5 March 14, 2017 Page 226 of 334 Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07 /HMP 14-04 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT NO. DEVELOPMENT STANDARD COMPLIANCE COMMENT Projects not within the R-400 square Minimum 15 or R-23 general plan feet Project complies. A minimum of 400 designations square feet is provided for each total area per Projects within the R-15 or dwelling within the designated unit R-23 general plan 200 square exclusive use area. designations feet May consist of more than one recreational space. N/A May be provided at ground level and/or as a Provided at ground level. deck/balcony on a second/third floor or roof. Not within the R-15 or R- 23 general 15 feet Minimum plan Project complies. Minimum designations dimension Within the R-dimension is 15 feet. 15 or R-23 10 feet general plan designations Shall not have a slope gradient greater Project complies. One-family than 5%. and two-Attached solid patio covers and family decks/balconies may project into a dwellings If provided at required private recreational space, ground level subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the Project complies. wall of the dwelling that is contiguous to the patio/deck/balcony). The length of the projection shall not be limited, except as required by any setback or lot coverage standards. Open or lattice-top patio covers may be located within the required private recreation space (provided the patio Project complies. cover complies with all applicable standards, including the required setbacks). If provided Minimum dimension 6 feet above ground level as a 60 square N/A deck/balcony Minimum area feet or roof deck Minimum total area per unit (patio, 60 square N/A porch, or balcony) feet Multiple-family Minimum dimension of patio, porch or 6 feet N/A balcony dwellings Projects of 11 or more units that are within the R-23 general plan designation may opt to provide an additional N/A 75 square feet of community recreation space per unit Item #5 March 14, 2017 Page 227 of 334 REF. NO. Poinsettia 61-EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS Sl,.IBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT (subject to the standards specified in Table C of this Chapter), in lieu of providing the per unit private recreational space specified above. !1l If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code. !2l See Table C in Section 21.45.060 for required setbacks from an arterial street. !3 l Building setbacks shall be measured from the outside edge of the required street right-of-way width, whichever is closest to the building. !4l Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located contiguous to a drive- aisle (excluding parking located in a driveway in front of a unit's garage). !5 l Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem. !5l This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). !7l Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks. Item #5 March 14, 2017 Page 228 of 334 CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Architectural Guideline Compliance Comments Multiple Building Planes 10. For at least 66% of the homes in a project, there shall be at least 3 Project complies. 82% of the floor separate building planes on street side elevations of lots with 45 feet of plans have a minimum of at least 3 street frontage or less and 4 separate building planes on street side separate building planes on street elevations of lots with a street frontage greater than 45 feet. Balconies side elevations of lots with 45 feet and covered porches qualify as a building plane. of street frontage or less and 4 separate building planes on street The minimum offset in planes shall be 18 inches and shall include, but side elevations of lots with a street not be limited to, building walls, windows, porches and roofs. The frontage greater than 45 feet. minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet. A plane must be a minimum of 30 sq. ft. to receive credit under this section. 11. Rear elevations shall adhere to the same criteria outlined in Number 10 Project complies. See response above for front elevations except that the minimum depth between above. front and back planes on the rear elevation shall be 4 feet. Rear balconies qualify as a building plane. 12. For at least 66% of the homes in a project, one side elevation shall have Project complies. 75% (Plans 1-3) sufficient offsets or cutouts so that the side yard setback averages a of the homes have a side elevation minimum of 8.5 feet. with sufficient offsets or cutouts to that the side yard setback averages at least 10 feet. Windows/Doors 13. At least 66% of exterior openings (door/windows) on every home in the Project complies. 100% of project shall be recessed or projected a minimum of 2 inches and shall windows on every home in the be constructed with wood, vinyl or colored aluminum window frames project are recessed with a 2 inch (no mm finishes). thick surround, and at least 71% of doors on every home are recessed a minimum of 2 inches. All homes are constructed with vinyl window frames. 14. Windows shall reinforce and enhance the architectural form and style of Project complies. All of the the house through, the use of signature windows and varied window dwellings provide for multiple shapes and sizes. window shapes and sizes. The design of windows trim, headers and sills, as well as window groupings and divide patterns, compliment the architectural elevation styles. Front Porches 15. Fifty percent (50%) of the homes shall be designed with a covered front Project complies. 88 homes (72%) porch, open courtyard, or balcony (each with a minimum depth of 6 feet have a covered front porch with a and a minimum area of 60 square feet) located at the front of the minimum depth of 6 feet and a dwelling. The minimum depth for a covered front porch shall be minimum area of 60 square feet measured from the front fa<;:ade of the home to the inside of any located at the front of the supporting porch posts. The front and sides of porches shall be open dwelling that meets these except for required and/or ornamental guardrails. A variety of roof requirements. elements shall be provided over porches. Porches may not be converted to living space. Item #5 March 14, 2017 Page 229 of 334 CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Architectural Guideline I Compliance Comments Front Entries 16. Seventy-five percent{75%) of the homes must have a front entry to the Project complies. 108 homes home that is clearly visible from the street. Walkways from the front {88%) facing streets have a front door to the street are encouraged. entry that is clearly visible. Chimneys 17. Chimneys and chimney caps shall be in scale with the size of the home. No chimneys are proposed. No more than 2 chimneys shall be allowed for homes on lots in planned developments having an area less than 7,500 square feet. Garage Doors 18. . Garage doors for 3 or 4 cars in a row that directly face the street must No three or four car garages are have a minimum of an 18" plane change between the garage doors proposed. after the 2 car garage door. Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located in a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the intent is to have that percentage spread throughout the entire project. Item #5 March 14, 2017 Page 230 of 334 CITY COUNCIL POLICY 66 LIV ABLE NEIGHBORHOODS Principle Compliance Comments 1. Building Facades, Front Entries, Porches The project is designed with a variety of floor plans and architectural styles to create visual interest and Facades create interest and character and should be character. Front doors are clearly identifiable. Side varied and articulated to provide visual interest to and rear elevations that will be the primary street pedestrians. Clearly identifiable front doors and scene facades are well articulated and include porches enhance the street s~en~ and c~eate . . · thematic architectural details. Porches and opportunities for greater social mteract10n w1thm the balconettes are featured in some of the plans. The neighborhood. Building entries and windows should site plan layout varies the floor plans and elevation face the street. Front porches, bay windows, architecture to the extent possible to create visual courtyards and balconies are encouraged. interest along the private streets and main drive aisle. The homes provide interest through architectural features incorporating a variety of colors, planes and materials to provide visual articulation and interest. Materials and features include stucco, stone veneers, wood rafters, shutters, wrought iron balconettes, and flat and s-· shaped concrete roof tiles. The Plan 2 features a Juliet balcony, the Plan 3 a front porch, and Plan 4 a recessed front porch. 2. Garages The project is designed with homes and garages off private drive aisles throughout the development, so Homes should be designed to feature the residence as the garages do not face the private streets or main the prominent part of the structure in relation to the drive aisle. The Plan 1 places the garage on the street. A variety of garage configurations should be same plane as the front of the home and the Plan 4 used to improve the street scene. This may include garage is set back from the front of the home. tandem garages, side-loaded garages, front-loaded Residential units are designed to feature articulated garages, alley-loaded garages and recessed garages. side and some rear elevations along the street scene and the recreation areas are prominent features along the streets and drive aisle. Clusters of between three and six homes on each drive aisle and proximity to the three recreation areas will help encourage social interaction and walkability. Item #5 March 14, 2017 Page 231 of 334 3. Street Design The presence of habitat and the goal to preserve the An interconnected, modified (grid) street pattern majority of the project site as open space dictates a should be incorporated into project designs when clustered development that does not lend itself to a there are no topographic or environmental grid street pattern. The residential community is constraints. Interconnected streets provide pedestrians designed with an interconnected network of private streets and drive aisles to easily access homes, as and automobiles many alternative routes to follow, well as provide access for emergency and service disperse traffic and reduce the volume of cars on any vehicles. A full access intersection is provided at one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian the main entry, as well as a secondary access on each side of Poinsettia Lane within the connectivity by minimizing the use of cul-de-sacs. development. The project will also complete the The street network should also be designed to create a last remaining section of Poinsettia Lane. safer, more comfortable pedestrian and bicycling Pedestrian pathways will be located throughout the environment. Local residential streets should have site that allow residents to easily and safely access travel and parking lanes, be sufficiently narrow to Poinsettia Lane. The project's streets provide for slow traffic, provide adequate access for emergency both vehicular travel and on-street parking. The and service vehicles and emergency evacuation short drive aisles faced with homes access onto the routes for residents and include parkways with trees private streets and main drive aisle that provide to form a pleasing canopy over the street. Local sidewalks, parkways and street tree canopies for a residential streets are the public open space in which pleasing pedestrian experience. Poinsettia Lane children often play and around which neighborhoods through the project will be built with a bus tum-out interact. Within this context, vehicular movement in both directions for easy access to transit. The should be additionally influenced through the use of completion of Poinsettia Lane will improve and City-accepted designs for traffic calming measures. enhance interconnectedness of the surrounding area. 4. Parkways Landscaping and street trees are provided to Street trees should be planted in the parkways along enhance architecture, provide green areas and an all streets. Tree species should be selected to create a effective canopy, screen parking, and create a unified image for the street, provide an effective unified image for the street. canopy, avoid sidewalk damage and minimize water consumption. 5. Pedestrian Walkways Pedestrian pathways are located on both sides of the Pedestrian walkways should be located along or private streets and one side of the main drive aisle visible from all streets. Walkways (sidewalks or to allow residents to easily and safely access the trails) should provide clear, comfortable and direct project's recreation areas and sidewalks and a trail on Poinsettia Lane that will connect with existing access to neighborhood schools, parks/plazas and sidewalks. transit stops. Primary pedestrian routes should be bordered by residential fronts, parks or plazas. Where street connections are not feasible (at the end of cul- de-sacs), pedestrian paths should also be provided. 6. Centralized Community Recreation Areas The project proposes three recreation areas Park or plazas, which serve as neighborhood meeting throughout the development, designed for both places and as recreational activity centers should be active and passive use. They are strategically located for access to residents, and are designed for incorporated into all planned unit developments. As residents of all ages. They are not located on frequently as possible, these parks/plazas should be designed for bbth active and passive uses for residual parcels and do not function as buffers or to residents of all ages and should be centrally located separate homes from the street. The project has within the project. Parks and plazas should be not be incorporated three neighborhood recreation areas to further promote healthy lifestyles, connectedness, sited on residual parcels, used as buffers from and foster a sense of community. These recreation surrounding developments or to separate buildings facilities include a pool/spa area and children's play from streets. areas, in addition to passive amenities including benches, barbecues and dedicated green space. Item #5 March 14, 2017 Page 232 of 334 SITE MAP • N NOT TO SCALE Poinsettia 61 EIR 15-03 I GPA 14-06 I ZC 14-04 I LCPA 14-06 I CT 14-10 I PUD 14-12 I SOP 14-15/CDP 14-34/HDP 14-07 I HMP 14-04 Item #5 March 14, 2017 Page 233 of 334 (cicyof Carlsbad DISCLOSURE STATEMENT P~ 1(A) Development Services Planning Division 1635 Faraday Avenu~ (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership Interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. · The following Information MUST be disclosed at the time of application submittal. Your project cannot be reviewed tintll this information is completed. Please print. Note: .· .Person Is de.tine.<:! .as "Any (ndlvldual, firm, co-partnership; Joint venture, assoclallo!),. social club, ·fraternal org.anizatlo(l, corpc;i.ratlon, estat~, .trus.t. receiver, syridlcate; In this. a.r1ct any other county, city and county, ·city munlclpality, district or .other political subglvt.slon. or any other group or combination acting as a unit." Agents may sign this document; however, the legal nai:rie and ~ntity of the appiJcant an~ property owner must be provided b~low. . . . . . . . . . . . . : 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial Interest In the application. If the applicant Includes a corporation or partnership, include the names, titles, addresses of all Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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 Andrew Han Corp/Part __________ _ Title Applicant Title ------------~ Address 25 Enterprise, Suite 300 Address ------------A Ii so Viejo, CA 92656 2. OWNER (Not the owner's agent} P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership Interest in the property involved. Also, provide the nature of the legal ownership (I.e., partnership, tenants In common, non~profit, corporation, etc.). If the ownership Includes a corporation or partnership, Include the names, titles, addresses of all Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. tf a publicly-owned corporation, Include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corey Walker Corp/Part ___________ _ Title Owner Title ------------~ Address 4601 College Blvd., Suite 300 Leawood, KS,66211 Page 1 of 2 Revised 07/10 Item #5 March 14, 2017 Page 234 of 334 3. . NON-PROFIT ORGANIZATION OR TR_UST If any p~rson 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 Profitrrrust Non Profit/Trust ________ __, Title Title ___________ _ Address __________ _ 4. Have you had more than $500 worth of business transacted With any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve {12) months? D Yes (X] No If yes, pf ease 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. ~qL.-=f~~ Sifinitur ofappJOahtldate Corey Walker. Andrew Han Print or type name of owner Print or type name of applicant /1915 Slgr ature of owner/applicant's agent If applicable/date John Sherritt Print or type name of owner/applicant's agent P·1(A) Pagfal2of2 Revised 07/10 Item #5 March 14, 2017 Page 235 of 334 POINSETTIA LENNAR. 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 rnE tT INDEX AO.O TITlE IH EET AO. I ARCHITECTURAL DEIIGM GU1Dfl1NE1 PLAN I 'A' AO.l ARCHITECTURAL DEIIGN GUIDELINEI PLAN l 'B' AO.J ARCHITECTURAL DEIIGN GUIDELINEI PLAN J 'C' A0.4 ARCHITECTURAL DESIGN GUIDELINEI PLAN 4 'A' AI.O PLAN I f RONT ELEVATION Al. I PLAN I A A 1.2 FLOOR PLAN ADDENDUMS A I.J PLAN IA EXTERIOR ELmTIDN Al.4 PLAN I B EXTERIOR ElEVATION AU PLAN IC EXTERIOR ELEVATION Al.O PLAN 2 fRONT ELEVATION Al.I PLAN 2A Al.l f LOOR PLAN ADDENDUMS Al.l FLOOR PLAN ADDENDUMS-ALTERNATE ENTRY Al.4 PLAN 2A EXTERIOR ELEVATION AU PLAN lB EXTERIOR ElEVATION AU PLAN lC EXTERIOR ELEVATION Al.7 PLAN l ALTERNATE ENTRY EXTERIOR WVATIOI/ Al.O PLAN J fRDNT ELmTION Al.I PLAN JA Al.l FLOOR PLAN AD DE 1/DUMS Al .J PLAN JA EXTERIOR ELEVATION Al.4 PLAN JB EXTERIOR ELEVATION Al.I PLAN JC EXTERIOR ELEVATION AU PLAN 4 FRONT ELEVATIO II AU PLAN 4A CODE ANALYIIS AU FLOOR PLAN ADDEI/DUMS lOIJ CRC AU PLAN 4A mERIOR ELEVATION R-l & U OCCUPANCY A4.4 PLAN 4B EXTERIOR ELEVATION V-B CONITRUCTIOII AU PLAN 4[ mERIOR ELEVATION I & 2 ITORIES TITLE rnHT CARLSBAD, CA IT G Y # lOJJ.QaiJ 12-23-2016 Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy,com AO. I .~ !!ii Item #5 March 14, 2017 Page 236 of 334 POINSETTIA LENNAR. 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 UPPER LEVEL PIAN I ELEVATION 'A'. REAR !5'-0' 2J'-o" PIAN I ELEVATION 'A'· FRONT ARCHITECTURAL. DESIGN GU!DELINES (POLICY 44) 1. Provldeanumberofdifferentfloorptens,dlf(erenlfro11\a11dcorrespond)ng malchlngrearelevo!ionswilhdllforontcolorschemes: requlred:21+dwelllngunllsshallprovJdo3 differentf!oorplansnnd3differentelevatlons. provJded:123dwollingunl!s:4Plans,md3Elevatlons 2. Cohoronlarchltecturalstyle: refertooxlorlorelava!lons 3. Mln,4oomplemenlarydelallsshallbeincorporated)nlofront,rcarandstreet siclobulldlngfacades: A. Shullors B. Gableendvonts C. Decorative gable endde\ai! D. Arched!decorativeoponlng E. Solly-band f, DecoraUvetrlm G. Potsholf 4. Exhlbilavarle\yofroofridgesandheighls. 1efer\oelevations H. Docoral!va!lle I. Coibel J. Wainscot K. Column l. RaflerTalls M. Deslgnad Roof Elements 5. Samaplansandelevatlonshallnoloccuronadjacentlots: referloslleplan 6. Provlderevorsaplanstoaddvarletylothes!reetscene: roferlosiloplan 7. Minimum of 15% of the total number of homes shall be single-story strnc!ures. Lons are permllled subjeat to CMG Section 21.04.330, Plan Type Quentlly Percent Single Story Plan 1 21 17% 6. Max of 20% of horn,,s are exempt from a slnglo•slory building edge. NIA 9. Slnglestory·s\orybulldlngodgo: 9.1. Provide aslng!o·slorybulldlngedgewilhedeplhofnotlessthon5'and shallruntheleng\hoflhebu\ldlngalongones!do. 9.2. Provideaslngle-storybulldlngedgew/odoplhofnotlessthan3'for40% of!heperimelerorpravldeaslngle-slorybuildingedgewilhadep\hofnol lessthanS'anclshallrunlhe length of the bulldlnga.\ongoneside. re/ertofloorplansatloJt 10. Foratleast66%oflhahornaslnepro)ect,theroshollbee\leest3separate bulldlngpla11esonstr11etsido11lovetlonsoflolswlth45feetofstreetfro11tageor lossand4separa!ebulldl11gplanosonstrootsldaelovatlonsofloiswilhaslreel rrontagegreaterlhan45faet. refertofloorplansatlefl Plan Types In Conformance Quenlily Plan2 35 Plan3 36 Ple114 31 11, Rea.relevatlons:see!lom10 refartofloorplans Percenlagelnconformance 35/12:te28% 361123=29% 31/123,,25% Total:62% 12. Mln.0[66%ofhotnosshalla.veregeaml11.of8.5'forones\deelevaUonlnthe side yards. Plan Type Jn Conformance Quantity Percentage In conrormanco Plans1-3 92 92/123=75% 13. M{nof66%ofal\w!ndowsldoorsonhousei;h11Uberecessodwlth2'1hlck surround. prov)ded:100%ofwlndows with2"thlcksurround. 14. VV!ndowssh11/lvaryfnshap11s/slzesloenhancearchilecturn/formand style, refertoolevalions 15. 50%ofhomesshallhaveacoveredfrontporch,opencourtyard,orbalconyw/ mln.depthof6'andaminof60sq.fl. Tola.lhomeswlth e\emenl:66 %ofhomoswllhelement:72% roferlolloorplanfordlmenslons11nd11rea 16. 75%ofhomesshalfhave afronten!ryvislblefromtheslreet. Plan Type Quan!lly Parcenlage w/ Entry Visible from Slreo! Plans1,2,3,&4 1061123 BB% facing streets Scale I ARCHITECTURAL DUIGN GUIDELINU PLAN I I A' AO. CARLSBAD, CA KT G Y # 1013-0813 2016.12.ll Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy.com I -~ ~ Item #5 March 14, 2017 Page 237 of 334 POINSETTIA LENNAR" 25 Enterprise, Suite 300 Alis o V iej o, Ca 92656 949 -349-8285 SECOND FLOOR PIAN PIAN l ELIVATI DN 'B' -REAR PIAN l ELEVATIDll 'B' -FRONT ARCHITECTURAL DESIGN GUIDELINES (POLICY '1<1) 1. P1ovlda111numberofdilfarant lloorpl11n•,dlrrerantl1onlandc:o1111sponding malching1earalevallon1wl1hcmrarontcolorschemas: requir11d:21+dW1111ingunllashdprovld113 differentfloorplan11nd3dllfuant1!1v1Uons. provided:123dwe1Dngunll1:<1 Plansand3Elavat!on• 2. Coh11ronlorchllaciur1l&tylo: relettoext11rlorolov11Uons 3, Mln.4complamenlal)'delllll•shallbolnco1pora\edJoto front,1.arandslrool sldebulldlllg facados: A. Shultors B. Gableondvonts C. OeeoratlvogableenddotlP D. ArchedJd1coratlY1op1nlng E. Bolty-band H. Docoretlv1 l~11 I. Corbel J, Wa!nu:o\ Column RanorTaDs K. L F. OocoraUvottlm M. Designed Roof El1ments G. Potshalf 4. Exhlbll11va1letyofroofrldgoaandholght1. rerurtoelevatlons 5, S11meplan1ondelov:i.Hon&hallnoloccuron11dJacontlols: r11rortor;1l11ptsn 6. Provida1svers11plon sto11ddvsrlotylothost1ootsceno! raf11r tosllo pl11n 7. Minimum or 15% or lh1 lolol numbarol homn shall bs :ilnglu-slory st ruc!urn. Lofls arapormlt\e1daubjoc\loCMCS1ctlon21.04.330. Plal'I Type OU&l'll'!y Parconl Sll'lqlo Story Plan1 21 17% 8. Mai of 20";!, of homes are eiempl from a slnglo-story buHding odgo. NIA 9. Slng!e!.lory•slorybu!ldln11edge; 8.1. Provldaaslngh1-storybullt1ln11•d11ewtlhadepthofno\JH1lhon5'afld shaMn.mlhalenglhoflh•bulidln11•lon11onedde, 9.2. Provldaa,ln11~·1\orybulldlng,dgow/adtplhofnollcsslh11n3'for<IO•Ao ofth1pa1!moh1rorprovid,11lngle-storybulldlngadg1wilh11.doplhorno1 losslhan5'11nd 1hall,u11!h11longlhollhobui!dlngalongono slde. raferlolloorpl11n1at le n 10. Forel loast66%of thahomt1lnap10Jacl,th11eshallboat l11st3sapa11lo buldlngpl11nuon str1;1ol1Jdoolovallonsoflob'Mlh45foolol1lroot lron!egoor les11nd4separa\ebutldlngp11n11on,treul1ldoolov.:it!onsof lolswflhostrod frol'llag11grH!arlhan45I01t. r11forto/loorpton1•ll1n PJanTyposll1Confo1monc1 Quanjlly Porcont;iqelncopform;,nco Plan 2 35 Pl,n3 36 Pl•n4 31 11, Rur1!1QY11Uons:soollom1 0 rofo r \01loorplon1 35/123•28% 36/123>:29% 311123><25% l!!!!!:62% 12. Mln.of66%of homa:.shollnv11 rn11on mln.of0.5'foro nosld1olev11llon lnthe side yards. Pla n Typo In Con rormanco Quon!llY Porcentag1 In con ro,mam:e Plons1·3 92 921123•75% Min of 66% of oU wlndoW5/doo11 on houn shall b1 111C11ssod wllh 2· thick Sll/fOUnd. provided: 100% ol wlndoWI with 2" thick 1u11ound. 14. W.ndOV1SshaUvarylnshapos/sitos lo1;1nhsnc111rchil1ctu,alfo1mand '"''· rorortoelavatlons 15. 50% of ho mas shaft havo a covonid.lront porch, opan courty111d, or balcony wl mln.dep{hcrs·,.ndarrinor&01q.rt. Tolal homas W11h e!omont: 1111 0,1,of hofflllswilholomtnt;72% rorortofloorplanfordlmonsicn1and111011 16. 75°Aoofhomassha0have alronlontryvi,lbfolromlhaslreol. Plan Typo Ouontlty Porcentogo w/ En1NV!stbl11 f,om Stroot P11ns 1,2,3,&4 1061123 88% facingr;trGe!s Scllle 1 i 'i ARCHITECTURAL DUIGN GUIDELINU PLAN 2 I BI CARLSBAD, CA l I Gr # lOIJ.llll lH&.11.lJ Architecture+Planning 17922 Fitch Irvine, CA 926 14 949.851.2133 ktgy.com Item #5 March 14, 2017 Page 238 of 334 35'-o" 1·-0· r---------------------------------------, ' i SECOND FLOOR PlAII FII\ST FLOOR Pl.All 27'Jl0'" 2701.I. ToloP 011.!.IH.6!1. Sl:.lu Yood~ 10.211.ci•o. Pl.AN 3 ELEVATION 'C' -REAR Pl.AN 3 ELEVATION 'C' -FRONT ARCHITECTURAL OESJGN GUIDELINES (POLICY 44) 1. P1ovldoanumberof dllro1onlfloorplans,dUf11ronl fronta11d correspondlng ma\chlngrearolevatlonswilhdlfferanlc:olor11chomos: raqulrod:21+dwoftlngunltsshaRprovldo3 difrorant lloorpl11n1 and 3 different elevations. provldod:123dwe1Ungunlls:4Plensand3Elovetions 2. Coher11nlorchlloc!u111!stylo: refor!aex!orlorolovatlons 3, Mln,'1compl11manlarydatollsshollbelncorporated!nlolronl,r11arondstrcol sldobulldlngfacados: A. ShuUors a. Gableendvl'lnls C. 011C(lrativogabl11onddot:ill D. Arched/dei;oralivoopenlng E. Belly.band F. DDce1aUval1lm G. P,:r!shel/ 4. Exhlbltavarlatyofroofrldgasnndhalghls. roforloelevallon9 H. DacorallveU/e I. co,bol J, Waloscol K. Column L Raner Tails M. DoslgnadRoolElalTMnts . 5. S:itnepl11nsandolevo!lonshollnctoccuronadjacenl lo\s: re{er\oslteplen 6. P1ovlderevorsoplansloaddvarlolylolhoslr11a\scena: rolo r \o sH& p/ao 7. Mlolrnum of 15% of!ho \otnl number of homos shall b11 slngla·story strucluros. Loh 111a pormlllod subjoet lo CMC Soctloo 21.04.330. Plan Typo Qua olny Porccin\ Slngto SIDI)' Plan1 21 17% 8. M:ix of 20% of homes 11r11 exempt from• slngle·story bulldlng odgo. NIA 9, Slnglastcry·s\orybulldlngadge: 9.1. Provld1111slngla·storybuUdlngad1i111WUhad11plhofnotlossthanS'and shallrun\helonlillhorthobuildingalongoneslda, 9.2. Provlda:islngla·s!orybulldlngodgowladoplhofnotlanlhan3'for40°h orlhopo1lmalororprovldaoslnglo•slorybulldlngedg11wa'1adopl'1ofnot lassl'1an5'andshallrunlholanglhof\hebulld!ngalangonoslde. ro[o rtofloorplansal lell 10. Fo r 11l la11s\ 66% of Iha homes In a prc)ecl, lhara shall bo al lea&! 3 seporola bul1dlngplan11so11stre11tsldeelevatlonsci/lolswiLh45faalolstrootlronl:igacir lenand<lsaparalabulldlngplanesonslfoolsldaelevatioosoflotswithastreot r1onlagogrealer lha114Slool. 1afertofloor plans11llell Plan Typ&s ln Conform~nc11 auanl[ty Plon2 35 Plan 3 Plen<i 11. Roarolova\lcns:seeltl'lm10 refer tclloorplan9 " 31 Perccntagelnconfc11nmca 35/123=-26'AI 36/123=29% 311123,,25% To!a\:82% 12. Min. or 66% of '1omea o'1all avo ra111 11 mln. or 8,5' for ono nldo oloYaUon In t'1a sldeycrds. plan Jypo In Conlormonco CuanUty Parcenlaga In conlormanco P1ans1·3 92 921123•75% 13, Mi11orGs•norallwllldawi;/doo 1sonhousoshallberocossodwtl'12"lhlck surrouod. providcd;100%ofwindows wilh2"1hidc11urrol111d. 14, Windows shall very In sMpes/slzes to onhence erchiledu,al rorm ortd slyle. Fl'!fortoelevaUons 15, 60%of'1omesshallhaYe:icoveredfronlparch,opancourtyard,orbalconyw/ mln.dap1'1ors·ant1am1ncrsosq.ll. To!athomaswllh alomont:88 %ofhomaswilholomont:72% ra[artofloorplanrcrdlmanslonsendoroa 10. 75%of'1omos5hmll hava 11lronten\ryvlslblofrom!'1estroot. Plan Type auanny Porc..,ntagc w/ Enl!V Vlslblo flam Slreot Plens1,2,3,&4 108/123 68% raclng1il111els soar, 1 j 'f p O IN s ETTI A ARCHITECTURAL on1GN GUIDELINE~ PLAN J 'C' A0.3 ~~~::,!:=,fa· . . r~i~:.:: .. ~· CA........ . .... si~::;;;;; ·-t]l~.;~o 949-349-8285 ~ ~ _ ~ Item #5 March 14, 2017 Page 239 of 334 POIN SETTIA LENNAR" 25 Enterprise , Suite 300 Aliso V iejo , Ca 92656 949-349-8285 SECOND FLOOR PlJ\11 PIAN 4 ELEVATION 'A' -REAR -.. ---------------------·-----------------·---· i } i I i FIRST FLOOR PIAN PIAN 4 ELEVATION 'A' -FRONT ARCHITECTURAL DESIGN GUIDELINES (POLICY '111) 1. Provlclaanumboro(dl!lerenllloorphms,dlfreronlr1onlnndcorruponding mntchlng1onralovallonswllhdlflorontcolorschon1n: ruqul11d:21 ... dwalllrigunltsshallprovldt3 dlf/erenllloorplans11nd3difforontolovalions. provlded:123dwelllngunns:'1 Plnnsnnd3Elavnt!or,.s 2. Cohoronlerchllocturn\styla: raforlooxlorlorolovallons J, Mln.4complomonlal)'dotnllsshallbolncorporuledlnlorrcnl,roarands\roet .sldabuU dlngfacodes: A. Shul\ers B. Gabloondvents C. Oecoro11vog11bl11e nddotaU D. Alchodldeco1nlivoop11nlng E. Bdy.barnl F. 0Gcorallvotrlm G. PGlshelf ,1, Exhlbl\uvor(otyolrco f ddgesandhelghls. rofcrtce!evatlcns H. Oecorellvollla r. Corbel J. Waln:.c::Gt K. Column L. Ra ner Tails M. Oesl11nodRoofE(omenls 5. Somopl:msandehivallonshallnotoccuronad/ocijnl!ots: rofortcsltoplon 6 . ProvldarovorHp)nostaoddvarlelytolho.slroet.scane.: roferlasilaplcn 7. Minimum of 15% or tho ,lotal number of homos shall be slogla-slol)' slrucluru. Lons are pormlltad 11ubjacl to CMC sacUon 21,04.330. Plan Typ11 Quanli\y Po1c:on\ Slnqlo S!ary Plan 1 21 17°AI e. Mal(of 20%11f hafl'IClsornax111nplfr11maslngle•StorybuJtdlng11 dgn. NIA 9, S!f19laslary•stol)'bul1dln1111d911: 9.1. Prov!daaslnglo-s!oiybulldJn9edgowlthadeplholnot!ossU1an5'and sh111lrunthalan9lhof thebuildlngahmgonoalde. 9,2, Provldaas(oglo-slol)'bulldlng11d9ew/11deplh ofnotlossthan 3'1or40% oflhopa1lme!oror provldoaslnghHto rybulltllngadgowllhadeplh ar11at leulhanS'andshallrunthetonglh aMhobull dlogalonganeslde. rofartolloorplaneallon 10. Farattoesl66%alth11homes ln11proJect.theroshallboatloastJsop11rato bulkl/ngplano50nst1oetsld11 el evallonsoflotswllh'16le11t ofst111e lfranta9eor la.s:iand4seporat,bulld(ngplanesonslroelsldaalevollonsorlctswilhasl11111t ·1ronlogogreatarlhan451eat. 1111er lo lloorplansat len Pion Typos In Co nformance auanmy PIGf\2 35 Plan3 36 • P/an4 31 11. R11aralov.itlons:noltem10 rofotlollaar pl ans Pe1centegB ln conformanco 35/123=2B0AI 36/123•29% 311123=25% 12. Mln.of66%of homas shall11va ragaemln.ofll.S'fa ran11&ldoe!ava lionlnlhe sldeyuds. Plan Type lo Canfcrmanca Quentlty Po rcanlaga In canformanco Plans 1-3 92 92/123 .. 75% 1J, Mlnof66%orat1window!ildaorsan houseshallbo1ocessedwlth2"thlck SUlfoUnd. piovlded:100".4of window.i wllh 2"thlc:ksooo1md. 14, W111dowsshaUvarylnshapes /slz11sloonhancoa1chitocturalform11nd sty1,. refer loelovoUon9 15. 50%ofhome&1hallh11veac0Verodfrontporch,apenc.ourtyard,orba!conyw/ mln.dep\hol6'andamlnof60sq.lt. Talalhomeswilh olemenl:68 %ofhomosVl'i lh olomont:72% r11for lo llac r planfor dlmons lonsand 11roe 16. 75".4ofhomosshallhtiv• afronl11olryvlslblof1omth11 1traot. Plan Typo Quantity Porcoptago wl Entry Visible lrom S\reet Plans1,2,3,&4 108/123 88% laciogsln1ola 0 Scslej ARCHITECTURAL DE~IGN GUIDELINU PLAN 4 I A' CARLSBAD, CA IT G f # 10-I J-UH 1GIU2.ll Architecture+Planning 17922 Fitch Irvine, CA 92614 949.85 1.21,13 ktgy.com Item #5 March 14, 2017 Page 240 of 334 Spanish Ma./ecial Legend: Concrete Low Profile 'S' Tile Stucco Finish Wrought Iron 's,.,--------------'11-ctAr.u:it-1====-- Decorative Ceramic tile Enhanced Sills 2x Stucco Finish Trim Tuscan Matecial Legend: Conc,ete Low Profile 'S' rile Stucco FiAisl1 Stone Veneer Shutters Decorative Gable End Detail Enhanced Sills 2x Stucco Finish Trim ' .G. Elevation 'l B' -Tuscan POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 Elevation 'l A' -Spanish Elevation 'l C' -Craftsman Craftsman Ma·terial Legend: Flat Concrete Tile Roofing Stucco Finish Stone Veneer Enhanced Sills 2x Stucco Finish Trim Cementitous Siding PLAN FRONT ELEVATION CARLSBAD, CA X T G Y # lOl)0 0HJ 06~25~2015 Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 l<tgy.com Item #5 March 14, 2017 Page 241 of 334 POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 9 [() 55'-0" /t::: 45'-0" 5'-0" /~,1--------------...:..::__::... _____________ e--e=-=---J. I I I D D hlghg\a;; Great Room 20'-6">1!4'-0" 9 [() lEEEJ1 D ' ' -----------------'--"',- PLAN IA I·, 14 5 S. F. CARLSBAD, CA t T GT ii 10ll-08fl 06-25-2015 Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy.com Item #5 March 14, 2017 Page 242 of 334 POINSETTIA ····-~--~ .. LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 Pian IC -!,7 45 s.f. _____________ _J Plan i B • i, 7 4 5 s.f. FLOOR PLAN ADDENDUMS CARLSBAD, CA X T GT# 10IJ.OS1l 06-25-2015 Archltecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 l<tgy.com 9 lO 9 lO Item #5 March 14, 2017 Page 243 of 334 m m LEFT RIGHT POINSETTIA LENNAR" 25 Enterprise, Suite 300 A li so Viejo, Ca 92656 949-349-8285 m ' ' / ' ' ' ' ' ' ' ' ' ' ' ' ' ' :K~9cXfLAN ~~~r~1;l~~"' 20'-0' Max. He ight limit Per CarlsbCJd Building Height Definition Zoning Ordinance 2 1.04.065 and 21. 1.0.050 -Building Height ~ ~ t~ N ~ ~ ~ REAR PLAN lA PLAN I A CARLSBAD, CA It t TH n/J-0111 ~----------------Gable End EXTERIOR 06-25-2016 Accent Detail · '· · _________________ Decorative Tile · Surround ?-=------,~---Multiple Plane Changes Expose d Shape Roof Rafters ~--'\'-+-Sty.le ,;aaa;;;;;;:;;;;;;;;i:,, "' Appropriate +i Window Trim 1a=a_,11-__ __,,---<--Line of Top of Yard Wall ,=~!!!e,,,!!:,!!.,._ __ 1--1-style Appropriate Mullions ~----Style Appropriate Potshel f 0 '"''I ELEVATION Architecture+Plannl ng 17922 Fi tch Irvine, CA 92614 949.851.2133 klgy.com Item #5 March 14, 2017 Page 244 of 334 m m LEFT POINSETTIA LENNAR" 25 Enterprise, Suite 300 A li so V iejo, Ca 92656 949-349-8285 m: CARLSBAD MUNICIPAL CODE CHAPTER 21.95.140. l 11' MIN. SETBACK TO TOP OF SLOPE 20'-0" Max. Height limit Per Carlsbad Building Height Definition Zoning Ordinance 21.04.065 and 21 . l·0.050 -Building Height RE AR PLAN I B CAR LSBA D, CA t T GT# HIJ.Olll lffi EXTERIOR 06-25-2015 ELEVATION Architectare+P lanning 17922 Fitch Irvine, CA 92614 . 949 .851.2133 ktgy.com Item #5 March 14, 2017 Page 245 of 334 RIGHT POINSETTIA LENNAR" 25 Enterp rise, Suite 300 A liso V iejo , Ca 92656 949-349-8285 CARLSBAD MUN ICIP AL CODE CHAPrER 21.95.1 40 .1 11'~9" / M IN. SElBACK TO ' TOP OFSLOfE 20'..Q" Max. Height Li mit r---------, I I : -~ : I I I ------ 1 Ul'RHEHISl'OlllO>I oF,oOFOVUW,O'" --.,-----, I I (~ : I I I I I ..._:.. I __________ _r--, ______ I Jl~9/ 1 .;LAN ~~~!:f'~.:.!n~H~~m~ .. 1 Per Carlsbad Building Height Definition Zoning Ordinance 21.04.065 and 21 .1 0.050 -Building Height IM[ 11~1 PLAN IC EXTERIOR CARLSBAD, CA KT Gr II 101l -DH3 06-25-2015 ELEVATION Arc hitecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktg y.com 0 , ' --J----j __, _ __, A 1.5 -···. -~~!~ Item #5 March 14, 2017 Page 246 of 334 Spanish Material Legend: Conccet e Low Profile 'S' Tile St u cco Fin ish Wrought Iron Romeo a n d Juliette Balcony Enhanced Sill s 2x Stucco Finisl1 Trim 30'-IY' Max. Height Limit '"--Per Carlsbad Buiidrng Height Definition Zoning Ordinance ------------- 2·1.04.065 and 21 .10.050 -Bui ld ing Height ~ F.G~. :..,;-.,l..;.Ul.:::::=::.:::::,:::::::,.=:::::::::~~l,l;;;;;;;;l.i:;;;;;;;.l;;;;;;;;;;;;;;.;;;;;;.;;;l;;;l;;;;;;;;;;i~--- Elevation '2A' -Spanish 30'-0" Max. Height Li mit 30'-0" Max. Height Limit --Per Carlsbad Building HeTght Definition Zoning Ordinance --------------------'>s--Per Carlsbad Building Height Definition Zoning Ordinance --------------------- 21.04.065 and 2J.l.0:050-Building Height 21.04.065 and 21.l0.050 -Building Height Tuscan Me1te,ial Legend: Concrete Low Profile 'S' Tile Stucco Finish st,,ne Veneer Shut,ters Decorative Gable End Detail Enhanced Sills 2x Stucco Fini sh l:r:im PO IN SE TT IA L ENNAR" 25 Ent erprise, Suite 300 A liso Viejo, Ca 926 56 949-349-8285 Elevation '2B' -Tuscan -J:.:.G. D DDDDDDD c::::=i C=:J C=:J C=:J i=:=Jc=Ji=:=Jc=J C=:JC=:JC=:J C=:J Elevation '2C' -Craftsman Craftsman Material Legend : Fla t Concrete lile Roofing Stucco Finish Stone Veneer Enhanced Sills 2x Stucco Finish Trim Cementitlous Siding PLAN 2 FRO NT ELE VAT ION CARLSBAD , CA k T G J H U.IMUl 06-25·2015 Architec ture+Pl ann lng 17922 Fitch lovine, CA 92614 949.851.2133 ktgy.com Item #5 March 14, 2017 Page 247 of 334 POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 9 1/) 5'·0" 35'·0" PLAN 2A 1,895 S.F. CARLSBAD, CA KT G Y # 20ll-Oa!l 06-25-2015 5'·0" Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy,com ""'-1---H-I A2 I .~ ~ Item #5 March 14, 2017 Page 248 of 334 POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 -11ner,-- 0 . I I I I I I I I I I {r-- Plan 2C • 1,895 s.f. I I I I I I I I I I D D rr ~ " ------------ Plan 2B • 1,895 s.f. FLOOR PLAN ADDENDUMS CARLSBAD, CA X T G Y fl. lOIJ.0011 06-25-2015 Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy.com 9 Ul Item #5 March 14, 2017 Page 249 of 334 ALTERNATE ENTRY AT CORNER I SIDE ENTRY-ELEVATION "C" POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 ------------1 I I I I I I I I I I I I I I I I I I I I ------1 I I I I I I I I I I I I I I I I I I I I ALTERNATE ENTRY AT CORNER I SIDE ENTRY-ELEVATION "B" ALTERNATE ENTRY AT CORNER I SIDE ENTRY-ELEVATION "A" FLOOR PLAN ADDENDUMS-ALT. CARLSBAD, CA ~ l ~ Y # lOll-OW 06·25·2015 Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 l<tgy.com Item #5 March 14, 2017 Page 250 of 334 ~ LEFT POINSETTIA ---· ............... ..:. .......... ·-···-····· LENNAR" 25 Enterprise , Suite 300 Aliso,Viejo, Cµ 92656 949-349 -82 85 30'-0" Max. Height Limit I E~ : ~! ~~?:Sit[LAN ~~~~~1~nt '~ Pe r CorTsbao Bui ld ing Height Det,iiltTon Zoning Ordinance 21.04.065 and 21.1 o.oso-1iullalng He igh ! ,....------------Goble End Accent Detail /'--=------0,------Multlple Plane Changes 1------1--Shu tters w/ Accent Color scaie) j PLAN 2A EXTERIOR ELEVATION ...... A2.4 CARLSBAD, CA X T G Y Ii 1011 -0111 06-25-2016 Archltecture+Plannlrig 17922 Fitch Irv ine, CA 92614 949.851.2133 ktgy.com ~1[1~cl~wJ [r\.l ~ • ll; ·-· .;;;..r.; Item #5 March 14, 2017 Page 251 of 334 LEFT POINSETTIA LENNAR" 25 Enterprise, Suite 300 .Aliso Viejo, Ca 92656 949-349-8285 CARlSBAD MUNICIPAL CODE CHAPTER 21.95.140.1 \ \ \ \ J.6'-6" MIN. SETBACK TO TOP OF SLOPE \ \ \ \ \ 5' g 30'-0" Mox. Height Limi t ------, '--~ I I * :*: I I 11-~~~~~~---11 I I I I. I I I L_ ' Per Carlsbad Builcllng Height Definition Zoning Ordinance 21.04.065 and 2i. I 0.050-Building Heigh I ~ 5' .,, N m •F" 'F. { REAR PLAN 2B EXTERIOR CARLSBAD, CA I I G Y # l DlJ.0813 06--25-2015 ELEVATION Architecture+Plannlng 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy.com Item #5 March 14, 2017 Page 252 of 334 -------e EI B \ \ []] CARLSBAD MUNICIPAL CODE· \ \ \ \ \ \ \ RIGHT CHAPTER 21.95.140.l _y _____ 1~7'~·2'_' __ _ POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 MIN. SETBACK TO TOP OF SLOPE ~:~St if LAN ~iW.S::Jn[!t~~"' 30'·0" Max. Height Limit ~ Per ccirlsbaci1iullil1ng -Helghl ISelinlflori Zoning-Orillnance 2T.04Jl6fond"2l .To-:-oso--1iulii!ingHelghi ---- REAR -llmOJJJr-, ~--·-) PLAN 2C EXTERIOR ELEVATION CARLSBAD, CA l T 'T II lGll-0811 06·25-2015 Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851 .2 133 l<tgy .com Item #5 March 14, 2017 Page 253 of 334 30'-0" Max. Height Limtt '-<-PerCarlsb.ad Building Height DefinTiion Zoning Ordinance---------------------------- 21.04.065 a nd 2·1.10.oso -Building Height m -J;-:_G~·..Jiiiiiliiiiiiiiiiiiiiiiiiiiiiiiiiii.l.;;;;;;:;;.:;:::;;;;~iiiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii;.;j;;iiiiiiiiiiiiiiioiiiiiiiiiiiiiiiiiiiiiiiiiiiiiL..--- 2A -ALTERNATE CORNER I SIDE ENTRY 30'-0" Max. Heig ht Limit 30'-0" Mox. Height Ur'f\it --Per Carlsbad Building Height Definition Zoning Ordinance ------------------------------------,,..-Per Carlsbad Building Height Definition Zoning Ordinance ---------------------------------- 21.04 .065 and 2:U0.050 -Building Height 21.04.065 and 21.10.050 -Buildi ng Height b (') F .G. ~ 2C -ALTERNATE CORNER I SIDE ENTRY POIN SETTI A LENNAR. 25 Ente rpris e , Suite 300 A li so Vi ej o, Ca 92656 949-34 9-828 5 PL AN 2 ALT. ENTRY CARLSBAD , CA IT ti T # Ull-tHl 06-25-2015 Scalel I I j EXT. E LE VAT I O N A2. 7 Architecture+Pl annlng 17922 Fitc h Irvine, CA 92614 949.851.2133 ktgy.com .. . . .. ... ~. - ~~~~fL·~~ _(\~ rrr ~ ~1 [_] ~r..:: Item #5 March 14, 2017 Page 254 of 334 "--30'-0" Max. Height Limit-------------------------------------------- Per Carlsbad Building Height Definition Zoning Ordinance 21.04.065 and 21.10.050 -Building Height ,£,_G. Elevation '3A' -Spanish Spanish Material Legend: Concrete Low Profile 'S' Tile Stucco Finish Wrought Iron Enhanced Sills 2x Stucco Finish Trim 30'-0" Max. Height Limit 30'-0" Max. Height Limit ---Per Carlsbad Building Height Definition Zoning Ordinance ------------------------':s:-Per Carlsbad Building Height Definition Zoning Ordinance ----------------· ---- 21.04.065 and 21.10.050-Building Height 21.04.065 and 21.10.050 • Building Height Tuscan Material Legend: Concrete Low Profile 'S' Tile Stucco Finish Stone Veneer Shutters Decorative Gable End Detail Enhanced Sills 2x Stucco Finish l'rlm POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 Elevation '3B' -Tuscan Elevation '3C' -Craftsman Craftsman Material Legend: Flat Concrete TIie Roofing Stucco Finish Stone Veneer Enhanced Sills 2x Stucco Finish Trim Cementitious Siding PLAN 3 FRONT ELEVATION CARLSBAD, CA ITGYfllOD-O!ll 06-25-2015 Architecture+Planning 17922 Fitch Irvine, CA 926'14 949.851.2133 l<tgy.com Item #5 March 14, 2017 Page 255 of 334 POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 27'-0" ..... --------------, D D .D PLAN 3A 1,962 S.F. CARLSBAD, CA l T G Y # lOll•OBll 06-25-2015 I 11 11 11 11 -----~----'+ 9 !J1 !J1 I [ ~ ---------~w Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy.com A3. I .~ ~ Item #5 March 14, 2017 Page 256 of 334 POINSETTIA ..... ~ .•. LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 D D Plan 3C • !,962 s.f. Plan 3B • 1,962 s.f. I I Porch : Tl_.3 Scala! ! I FLOOR PLAN ADDENDUMS A3. CARLSBAD, CA KT G Y fJ lOll-OB·ll 06~25-2015 Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ldgy.com I .~ ~ Item #5 March 14, 2017 Page 257 of 334 m LEFT RIGHT POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 m Qf""l 1 .. 1 : 1 i ,I I CARLSBAD MUNICIPAL CODE CHAPTER 21.95.140. l 16'-0" MIN. SETBACK TO TOP OF SLOPE 30'-0" Max. Height Limit ~,is~JLAN ~~i~m~Wnjld~ i~u1~~~,11 ' Per Carlsbad Building Height Definition Zoning Ordinance 21.04.065 and 21.10 .050-Building Height PLAN 3A EXTERIOR CARLSBAD, CA X T G Y fl lOIJ-0 1·1,l 06-25-2015 ELEVATION Architecture+Planning 17922 Filch Irvine, CA 92614 949.851.2133 ktgy.com Item #5 March 14, 2017 Page 258 of 334 LEFT POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 CARLSBAD MUNICIPAL CODE CHAPTER 21..95.140.1 r ----~1~6'_·4~"----/, MIN. SETBACK TO TOP OF SLOPE 30'-0" Max. Height Limit I ~; ,. I I I ~-- f'~~£'li!LAN ~~~~l~~Jn;t.;HJfr~ih~n1 Per Carlsbad Building l-leight Definition Zoning Ordinance 21.04.065 and 21.10.050 -Building Height Style Appropriate Rafter Tails Accent Detail 'fFe~mie'~~--+---Multiple Plane Changes ~---t----Style Appropriate Window Sill '-'--<1----1----Style Appropriate Window Trim Jl,;,,',:::::!l!!c::=~'>---1----Style Appropriate ~ Mullions '------+----LineofTopofYardWall -~ii....;:;;iiiiiiiii,,l;;;;riNr"=~ A.-:a~~3~B:O-;.;;;.;;;.;;;.;;.=i~:i;.;.;;;;;;.~~~~~~~!...style Appropriate ~N Corbels PLAN 3B EXTERIOR CARLSBAD, CA t T G Y fl l Dll-U·ll 06-25·2015 '-------------Belly Bond ELEVATION Architecture+PJanning 17922 Fitch Irvine, CA 92614 949.651.2133 ktgy.oom Item #5 March 14, 2017 Page 259 of 334 POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 17'-0" MIN. SETBACK TO TOP OF SLOPE i * i I i ~-- 30'-0" Max. Height Limit ' Per Carlsbad Building Height Dennition zoning Ordinance 21.04.065 and 21.10.050 -Building Height REAR PLAN 3C EXTERIOR CARLSBAD, CA ~ T G Y # 1011-0ell 06-25-2015 ELEVATION Architecture+Planning 17922 Fitch Irvine, CA 92614 949,851.2133 l<lgy,com A3. I -~ !!a Item #5 March 14, 2017 Page 260 of 334 Spanish Mate,ial Legend: Concrete Low Profile 'S' rile Stucco Finish Wrought Iron Decorat-ive Ceramic tile En hanced SIiis 2x Stucco Finish Trim 30'..Q" Max. Height Limit ':s----Per Carlsbacl Building Height Definition Zoning Ordinance--------------------------------- 21.04.065 and 21.1-0.050 -Building Height Elevation '4A' -Spanish 30'..Q" Max. Height Lim it 30'-0" Max . Height Limit Per Carlsbad Building Height Definition Zoning Ordinance ~ Per Carfsbad Building Height Definition Zoning Ordinance 2'1.04.065 and 2 U0.050 -Building Height 21.04.065 and 21 . 10.050 -Building Height Tuscan Material Legend: Concrete Low Profile 'S' Tile Stucco Fini sh Stone Veneer Shutters Decorative Gabie End Detail Enh anced Sills 2x Stucco Finish Trim Elevation '4B' -Tuscan b "1. S,rg/!~\iiFc'egend: Flat Concrete Tile Roofing Stucco Finish Stone Veneer Enhanced Sills 2x Stucco Finish Trim POINSETTIA LENNAR. PLAN 4 FRONT ELEVATION 25 Enterprise , Suite ·300 Aliso Viejo, Ca 92656 949-349-8285 CARLSBAD, CA iTGY1f.l01J.Olll 06-25-2016 Architecture+Planning 17922 Fitch Irvi ne, CA 92614 949.851.2133 ktgy.com Item #5 March 14, 2017 Page 261 of 334 Next Gee Kitchen at Secondary Dwelling Units At lots 3, 4, 15, 21, 22, 69,75, 87, 100, 110, 118, 133, 136, 140, and 121 (15) Totdl Secondary Dwelllng Units. POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 ' ' 9 0 9 lfl / / D D . .., I I --------, I 9 --~~--, 5_'_·0_"-+----( 5'-0" -FG --- 9 0 9 [j) 9 Lfl <l> ''+.,,----------------------L ------------- PLAN 4A-2, 718 S. F. CARLSBAD, CA i1 G Y # IOIJ.OW 06-25-2015 Architecture+Planning 17922 Fitch Irvine, CA ,92614 949:851.2133 ktgy.oom "'""'*41-1--+---1 A4.1 I rz:s'J;t Item #5 March 14, 2017 Page 262 of 334 POINSETTIA LENNAR" 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 Bedroom 3 \5~8" X 11 '·8" 9 I m I D D CJ CJ __ L ________ _ 9 lil 9 U1 Plan 4( -2, 718 s.f. CJ CJ ~ .. ___ l __ _ 5'-0" I I I I I I I I I I ' 1-=1_', I 9 I m , I 5'-011 / I I I I I I I I I ll I C 9 I 9 m'I-----------------------------__ _J to Plan 48 -2,718 s.f. FLOOR PLAN CARLSBAD, CA KT G Y ii 10\J-OnlJ 06-25-2015 ADDENDUMS Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy.com Item #5 March 14, 2017 Page 263 of 334 m LEFT m m m RIGHT POINSETTIA LENNAR' 25 Enterprise, Suite 300 Aliso Viejo, Ca 92656 949-349-8285 I I I I I I I :~~ f-----~------ 1 I I I 30'-0" Max. Height Lim it ' ' Per Carlsbad Building Height Defiiiltion Zoning Ordinance 21.04.065 and 21.10.050 -Bulldlng He ight PLAN 4A EXTERIOR CARLSBAD, CA l T G f # lCIJ.0 811 06-25-2015 ELEVATION Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy.com Item #5 March 14, 2017 Page 264 of 334 LEFT m m RIGHT POINSETTIA LENNAR" 25 Enterprise, Suite 300 A li so Viejo, Ca 92656 949-349-828 5 m 11 m CARLSBAD MUNIC IP AL CODE CHAi>TER 21.95 .140.1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ r------- 1 I I : "'tit I I I :~ss-:---~~--------1 : : ~: I I I I I • I I I • I' \ L-~\,,~-~-~.r.=-_:-_--- ROOF PLAN ~:\l"'ll(ls\r. ~Jr~~!~1ln1 30'-0" Max. Height Limit I ;~: I I I ---' ' Per Carlsbad Bullc3lng Helgli'f oelliiltlon zoning Orc31nance 2 1.04.065 and 21.10.050 -Building Height ' { REAR PLAN 48 EXTERIOR CARLSBAD, CA k 1 G Y # lCIJ.011) 06-25-2015 ELEVATION Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 klgy.com Item #5 March 14, 2017 Page 265 of 334 LEFT m RIGHT POINSETTIA LENNAR" 25 Enterprise , Suite 300 Aliso Viejo, Ca 92656 949-349-8285 HI ffl m \ \ \ \ \ \ \ \ \ CARLSBAD MUNIC IPAL CODE CHAPTER 2 1.95.140. I, ,_------~1~9·~-2~" ------ MIN. SEfBACK TO TOP OF SLOPE r·,------- 1 I I I I I I ~' H-----~-------=i I I I I 30'-0" Max. Height Limit ' Per Carlsbad Building Height Definition Zoning Ordinance 2 1.04.065 and 21.10.050 -Building Height ~------------Gable End Accent Detail I J~g~~!~~~~~;!=~~~~~~~!!~~~~~![=Shuttersw/ Accent Colar Recessed Window ~-+rnll--;;.+--~--+----Multiple Plane Changes •~l--~l--·ll----1-Style Appropri.o te Win d ow Trim ~---------------Line of Top of Yard Wall '-----------------Belly Band PLAN 4C EXTERIOR ELEVATION CARLSBAD, CA X 1 GT 'It 20 11-0IIJ 06-25-2015 Architecture+Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy.com Item #5 March 14, 2017 Page 266 of 334 GENERAL NO TES ASS£SSOR'SPAf/Cll.~. . .••• 2f5-GZ0-0?; 215-050-21, 22. H.'./7 TOTAL ACRES. • ••... , , , , •••.• , , ,50.80AC. 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A10 ACIRl3::TO cot.fl.Y Wini AU. RE<llW3.EHT8 'Mel B\IBl,l'J'ffiQ CONSTl'IUCJlOH DOCUI.Eml.l CffiTF(lHATllE !'LAN. M'L.B,EHill THOSE nsau.ATION!I TO moY0E EFRCIBfl'OSE OF WATER ·Ii / I I ,~· ·····~\ .. \;,, ' / '\ ... .., \~ ' ' lOOfr,,.,,h/,,Mlnlfflllr Sonc:lu,oni. Colllofflla92.6T.Z 1'h01119,t9,J66.6624 rm:94M66.66i6 -~~.- LENNAR· "~ ..u..t)OV6Jo.CAB2~ (M&r049-tl01 SYMBOLS LEGEND IV I Tubu/orSfee/Gore rl Vlny/Go/o ••••••• •• Tvbu/orS/oo/fonai on Slump Block Woll Vlny/Fanro ---·-----Slump Bloclc:Wa/1 wllh Sock finish • .,_,,_,,_,,_,,.,.,,. Tvbu/orStool fonco H111ny Tlmbor Cablo fonOlf wl Gola Slump Block Rotolnlng Wol/w/Sod: Finish Slump Blodc Rolo/n/ng Woll PlantodGrvvilyWo/1 Slump Dfock Pllostor with Sod: Flnb.h MonumentWcifl NOTE: Sff SHEET !S.J FOR WAU.A'•ID FENCi:: DETAILS SlumpB/ockRakl/nlngWo/1 ondS/umpflfackWo!I Combination 0 'l(J ·H1 Ba ~ Seo/~: i· -~a LANDSCAPE PLAN POINSETIIA 61 (LOTS 1-123) C ITY OF CAR LSBAD rn Sep tember 21, 2016-5th City Submittal Item #5 March 14, 2017 Page 277 of 334 CONCEPTUAL WALL & FENCE PLAN GPA 14-06 ZC14--04 LCPA 14-06 CT14-10 PUD 14-12 SOP 14-15 CDP 14-34 HDP 14-07 HMP14-04 EIR 15-03 S/umpB/ockRa/o/nlngWo/lond S/(Jf11p Diode Woll Comblnalfon IAM FMUA!\WITI11HE~F0Rl.Atll!ICAPEAW rallaAl\0/il'I.AN:I cotlTAt.ED Nll-E CITY OF CAAUBA0'8 l..AI09CAl'E WM/AL~ WAT19\ a=f'tCIEM" LN!DllCAl'E fEOIA.AlJ:>18. IHAVE! PIIS'AREO'Tl-1191'1.AN N CCl/,Fl..WfCE V!1lH'lliOOE REOIAAT»NS #D TI-E I.M09cAl'E wn.lALRI> AOOB:10 COl.l't..'I' W!Tl-! ALL REOIAIS.EWB \','I-Si SIJllt.rTT'Hl OONUmtlC1lON DOClll.'Bffll, I CERTF'r'iW,TTHc Pl.AN M'I..E1.aml1HOSEAEQI..\.ATIO/f3 TO PflOVDE EfFICIBiTUSE CFWATER. ... __ ~o.,Jgn ........ Habt!l:IR 11!oniil.., lOOAv .. rdaMlrolnor SanClo- Caalmilo92672 Plian,9,\9,:?M,662.4 f~'i'-49.3~6.6626 LENNA.R · AUIO VIEJO, CA 11iose (940)-0A9-8IOI SYMBO!S LEGEND IY I Tubu/arSf&e!Gorn (1 vl"ny/Gola ....................... TubularStoo/FoneoonSlump Block Woll Vinyff•ricu -·-·-·-·-Slump Block Woll with Sock Finish ......................... TubulorStee/F11nai Heavy TimberCchlo fenc& w/ Go/a S/umpBlockRelolnlngWollw/So,kFlnrsh S/umpB /ockR.aroln/ngWo/1 PlanledGravifyWo/1 Slump Diode. Pllosfarwifh Sack Anlsh MDflum11n~ Woll NOTE: SEESHEETLS-3FOR WAilANDFENCEDETAILS Slvmp ll!ock Re /aln1ngWo/1 ondS/umpfllodc:Wo/1 / Comblno/!on KEY MAP 0 2'J ..(11 BO' ~ Saile: !'=417 LAN DSCAPE PLAN PO INSETTI A 6 1 (LOT S 1-1 23) CITY OF CAR LSBA D rn ....... rn 1·:s-2 I September 21, 2016-5th C!ty S ubmitta l Item #5 March 14, 2017 Page 278 of 334 S/umpB/od:Relaln!ngWoU gndS!umpB/ock.Wo/1 C.ombrnofion CONCEPTUAL WALL & FENCE PLAN GPA 14-06 ZC14--04 LCPA 14-06 CT 14-10 PUD 14-i2 SDP14-15 CDP14-34 HDP 14-07 HMP 14-04 EIR 15-03 Tub ufar Sr..l Fencv Scula:1/2'-J',-O" I Ml FM'LIAR Yrmi 'TH;:~ FOil l.MDSCN'E AtO ffllOA110N PL.AN9 CCINTAN:0 NTH:: an' OF CAIU...9B1Jl'8 l..AADSCAPE WMJAL.AND WATSl 0'FICIENr l..MD9CArE l'E<U.All0~.1 HAVE 1'118',IJIS) ll-W PLAN N CO/R'l..lANC:Ewm,t '!HOSE REOL\.A'OONS ND TI-£ L.Ml'l&c!J'E IAAWAI..AND AOPEEll'.> Cot,f'LY WllH All ~WHEN6llBl.fm!QCC1tfflRlJCT10Nooctn.ENTS.ICERTF"fltV.TllEPLAN t.f'I.B.e'1'81HOSEIIECl.tATIOl.aTOPROVDEB=FtclEN'TUSE OFWATB\. S1ump8lockWoll Tubular Ste•I i=.ncv on Slump Block Weill Sm/o:l/2'•1'Q Slump Block Wall Smfo, l/2"•1'.(J' [OOATool~o MlrorTIOr S<i~C\tn,ont,, O,~k1926T.Z PM~ 9-!9.~66.662-4 ra,19..tMU.6626 "IIW'fl,ihoa,lal,olU'tl'WWNI.- H•cny Tlmb•r Cable Fencv Scolo:1/2"=1'-0' Woad Po.i t S1olnfo.,.,.S1a./Cahlo Delol1, A, Shown Ml fur Grr;rp#,!c pu1p1»<uon~. No!furCarulnx:IJon. NOTE: SEE SHEET ts.J FOR WAl.1.AND FENCE DET.AJlS LENNA.R ' U3<HM ..... """""""' Altl0\ll&IO,CAU8$(1 (949)4"1~8)ll 0 2'J ,({1 80' rn r---, SQ:i/o: ,·-.(a LANDSCAPE PL AN POINSETTIA 61 (LOTS 1-123) CITY OF CAR LSBAD Seplernber 21, 2016-51h C ity Submltte.l Item #5 March 14, 2017 Page 279 of 334 I Ml FMUAl\wm-111-E REOIJflalBiJ'!: FORLAWSCA?E Aro MJClAllONl'I...AN9 COfrl"Ata) N1HE CITY OF CARLIISA0'8 L.N03CAPE M,VfJALAtO WAlB\ Eff1CENT LANDSCAPE !£QIAA1JO~ I HAVEPl'S'ARED Tlil!I PLAN ti COl.l'UmCE W11H TH06E: REOULATIOHS AtO 1l-E l..N09cAPE "/.WIUALNlD AOOEl:1tl COl..f'I...YWl1H AlL RECLIIB.leml'w1-191S\All,ITIJ,/QCONS'mL'C110NOOCL,,EN113.IC6lllF'l'lH>\T1J-El'i.AN M'l..B.IEl{l1I 11-!0SE Rl:<lU..AllONS TO l'flOVOEB=RCENTUSE OFWAlBt CONCEPTUAL LANDSCAPE PLAN ~A14-06 zc 14-34 LCPA 14-06 CT14-10 J'(JD 14-12 8DP14-15 CDP14-34 flJf' 14-07 fM' 14-34 Efl 15-03 100~~ """"--°""""'""" Pha.o9-l9.366.66U fm9A9.366.66:l6 -- ··---·---·--·--·-1·----·-···-··-·1··- Vorllca/Troos Yorl/ca/A:conl Tmos Evu1IJrnflnCanopy Troo, Legend: ~!.Dit111loM11dlum lfillllHffll.!iEvurgroanShrubs .. MadlumEvel'lJresnor Act.-unlf/oweringS/uubJ ~l.owEvert1reen ~Gro,.mdcovors TYPICAL SCHEMATIC PLANTING ENLARGEMENT: LEGEND: (DC'.oomm,1/dll\\<l/k @&,. 0 &o:11/MlbtAeo G)ShadaS/rudorewilhBBQandP'aQllcTobfo ©r/ayfqu/pnanl 0Diolrolc"'1Q'J ®'"" ®'""' 0hrwP01b,a&i:!n @DGTtDI/Yrl!hCa,xn,tuEJ~!ng @Mbetite<11urioo'ngQJP/vthw @)TllllhCan @)Pimir,g @r,,/lOlorWoJ.LP.a/erSho.llS-1-ts-:l @ShodaSJrvdu111111'/lul1off1111orw ®"'" @s1ghf!mo ®"°"""'"'""" ®-"' NOTES: @--® DrclrPC ~e porCM/fng!nw @SITTIII/L\:]h/JporObars @Rtrtroom&1/dl,igp.'.OIOOIS @rtonleo'GrtrtilyWa/1 @>Dt'.Ramp @1.sp/ia)porO!h«s @bMngf=mnnl @ShdingSolkiGo,a @::::r::::d~~ @RlghrclWoy @KiSlu/OQIIPaMr,g @V-Dik:hparO,;/fnglnarr @) ~~tn~:u;:'f:,Z~taf Smxrho,pof'rogn,m @:;:~~'tr:OOlelt111Pol>ul//io Sfmo!1obe/and.aiped!o1nfiano1!'1e slroelJaOOcndool!'orhomcJlroml111fr,c, Th!sbollor1o!rdi.idDaM/n .. \!ol'futlrH parov,,,y3C1slraallronloQ<Z. @!.oonQDfvmlfvn1otlocw:,ut11no 1. SEE SHEET I.S-7 FOR PLANTING LEGEND 2. NO TREES IN EASEMENTS Scale: 1"-20 o 2f1 .fct aa r......--, St'01o: 1' "'~a LENNAR' LANDSCAPE PLAN POINSETTIA 61 (LOTS 1-123) CITY OF CARLSBAD rn 1·:s-4 I Seple<rber 21, 2016--51h City ""'""""' Item #5 March 14, 2017 Page 280 of 334 lAMFM«..W\WlittlKE~ FOl\LANl9C.APEl>XDfW<lATION 1'1..At,13 C:ONTAtED t41He CITYOF CAAL&lli\D'B L.At09CN'l!WHJM..MD WATER B'RCIENT" LAK:19CAPE !EaA.AllON3.I Hi\VE PftEJ'AAEDlltS Pl.AA H C~wntt1H09E flE«l.A.110~ NO 1l£ I..Alt)9CApE 1.AAWALAfCJ Aaia:.TO COl,,G'LY\IIITM AU. fl.ECll,IR8,,l;Wl-£NSIJBl,ll1NlCONST11UCTlON~.IC9'TIFT~TTHl:l'LAN M'\.B.EN1111H09EREOIA..ATIONS TO PflOVOE EFACerrUSI: OFWATER. CONCEPTUAL LANDSCAPE PLAN IOOAwnld~Mir-o, Sond,....,.. C,llfato,k,m}l Pbu.9A'1.l66.662' ta94~.366.662& ........w.lhocrioBobc,,.,,.,....,,..,OOl"O ··-4;:p=. LENNAR' """"'""""' "'"""""" N..l!OVE,.lO,CAD20$& (90)-41!1-ni1 LEGEND: G)G,IICl"l)IJk/......lk © .... 0""""""""' @Sbod.~'iri!flBBQ~l'icnlo:Tal,h, @l'farfqulpmon/ G)t1iob!1"1Lll>Qf G)s,. ©""' ©kn.,,f'tllhloOcnkt @)oorroM1t1lhCcocn,/o&/(11,,g @Rubber!ntdwtfudoooll'fv/MXI @),.,eoo @- ®""OOIOIWol.tl.ofwSbo./lS,J.tS,3 @)s,IIUdaS!r.dwllwllhJeGfftvllf&O @- @5,1g1r111n. @Prupo,;cd fu.sllmaot @rro~it1h NOTES: GPA 14-06 zc 14--04 LCPA 14-06 CT14-10 PUD14-12 SDP 14-15 CDP '14-34 HDP 14-07 HM P 14-04 EIR 15-03 ®"'"""'· ®""""'""°"""'""' ®""'"""""°""" @--,.,- @PlanlodGl!lillyWoD @A!M~o,r,p @~""'"'"'"" @Emlklufawr\MI ®-"""" ®===~~ @~hiorwcr @IN~Po~na @v.D/ldJperOvJfroiooet @~~ic:,:~~°tof Slroe/la,poP,i,gnirn @t~~:~OOJaI!Ja~me#/11 . Sln>ellobalondtoopodrouoliana1100 im't/-,oo,,,d.bulflrhcmesfrom"'1fllc. 'lhllli,,/htkli:d~,11Mla.2~'Bo.rlme pe,-,yJ(7Jb'vl~ 1. SEE SHEET LS-7 FOR PIANTING LEGEND 2. SEE SHEET LS-4 FOR 7YPICA1. SCHEMATIC PIANTING PIAN ENLARGEMENT 3. NO TREES IN EASEMENTS KEY MAP LANDSCA PE PL A N PO INSETIIA 61 (LOTS 1-123) C ITY OF CAR LSBAD rn ...... rn 1:-s I September 21, 2016-5th City Subml\lal Item #5 March 14, 2017 Page 281 of 334 1 AM FMUAR WfTli 1HE l'l:OUf'EM:lmf FOi\ L»l:lSCN'E A'ID l'WOATIOH ~ OOHTA>a> NTte CITY OF CNI.BSNY& I.JH>SC>n: r.wl.W..~ WArat EfflCEM" LAN>9CAPE fEOLl.AllONS.I HAVE l'RB'N'mll-OSl'l.AN H Cct.PL..W,ICE;'MT}i 1HOSE flEOLU.TlONS NfJ THI! LAN>8CN'E UAN.IALND ~10 cor,a>l.l W!JH AU. REOWIEM:MB WI-EH IMl!.fm«l OOfflJTJfJCnON OOCtJMelTS. I CEHTIFY lHo\T TIE PLAN M'l..S.eITTllHOIEIIEQ.l.AllOtGTO PllOVDEe=RCefT'USEOFWA.lER. CONCEPTUAL LANDSCAPE PLAN ©A::awPmhkllladtl @oorro,w11hCana-11DfdoL<ia @Rubbnrtzocl1111k,dn;;ll'krfNWl @rrmi.c.m ®"""' @) AJDorWol-lWwSbNI LS-1-lSJ @SliDS!nd/lllllilh~- ®""' @5sg11111 ... ®"""""" ..... @-.. ... .,_,, C..bkwtllilV2&12 Pb.."49.366.6,UA f1111Ct~V.366.6di6 WW#,th...W.Ollllhwwl.- @s/1drr,g~Ga,. ®~~;::~~/a @)1Ui1Mv/'1Vcry ®"""""""""' @)v.OM,-0.t~ @) ~'::uo;'~~°i.of ,,__,.,_ ®~~looils..::tdatedl<>/'wlN.'llo 5/rMlbb.lond«opodfooMOl):l/hl Jhielx.ieord!MfwJ,ori,osln:,mlrDl!ic. JU:bi,lh,1otrd,do oMR.24'114fffil p,r~3(/,ncf~ LENNAR· --"""""""' M.BO VEJO, CA ll850 (l,a)-Q4t-1101 Scalo: 1'•40' KEY MAP LAN DSCAP E PLAN GPA 14-06 ZC14-04 LCPA 14-06 CT14-10 PU0 14-12 POINSETIIA 61 (LOTS 1-123) CITY OF CAR LSBAD SDP 14-15 CDP 14--34 HDP 14-07 HMP 14-04 EIR 15-03 1:S-6 j September 21, 2016-51h City Submitt al Item #5 March 14, 2017 Page 282 of 334 CONCEPTUAL LANDSCAPE LEGEND & NOTES GPA 14-06 zc 14-04 LCPA 14-06 CT14-1D PUD 14-12 SDP 14-15 CDP 14-34 HDP 14-07 HMP 14-04 E!R 15-03 l NI. 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E:2),..,~ .. ,,., ,1u,,, Item #5 March 14, 2017 Page 284 of 334 IAMf'~WTIHll£flE<l~FORUKl9CAPEAND MICIAlJOUl'LANS CONT AND N ll£ arr OF CARl.8BAD'81.A'O&CN'E M,WJAL NO WATB\ EFRCBfT ~APeflElil.Al!ON3.IHAWPAEPIJ'S>'ll"9f'U.lfffC0""'-1A»CEWIJlllll09e PEOLUTION:9 /.JO llEL.AMll3CN'E Mm.lALA~ ACY>££TO COM'LY V!11H AU.. ~wteleu&l.fTTNQCO/fflJIAJCTlONOOCl,\Efffll.lCSITFfTNA.Tll-El'lAN M'U:U:NT81HOSE! REG.l..ATIONS TO l'I\OVOE 8'RCEHT "'3E OF WATER. FIRE SUP PRESSION PLAN GPA 14-06 ZC14--04 LCPA 14--06 CT14-10 PUD 14-12 SOP 14-15 CDP14-34 HDP 14-07 HMP 14-04 ElR 15-03 .................. u.i.o.o.,,11" ..... H..blWK->'°"""" 100htlllHMl,,nor S.c:1..nto c.tbnli,Vztn "-•9 .. 9.366,6cll-4 faU9 . .366,662d .,_,f-,lgbon,llwwNl.a,m. 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Refer lo 0~ of Corl.shod Fire Deportment Srondard FPB-051 'Gu/dellno.s for Development within Fire Suppression Zones' 4. Debris and trimmings produced by molnlenonco and thinning shall be remove d &om th o slle or shall b11 converlod lo mulch by a chipping machin e and evenly disporsod over the an:io lo a maximum doplh of four (4) lnc/1as, 0 2!1 .fO' BO' ~ $col,,: l'•.fO' rn LENNAR· LAND SCAPE PLA N PO INS ETIIA 61 (LOTS 1-123) CITY OF CARLSBAD u,,w,,,,. .. 25Effmlf'M! Al..J80VE,J0,CA02.tG6 (040>-o,,IHIOI September 2\ 2016-5th cny submittal Item #5 March 14, 2017 Page 285 of 334 FIRE SUPPRESSION PLAN I --- - - --I GPA 14-06 zc 14--04 LCPA 14-06 CT14-1D PUD 14-12 SDP 14-15 CDP 14-34 HDP 14-07 HMP 14-04 EIR 15-03 iio,;;;J[:===================--::--:--~,----,--··_-_··_-_··~--·h--··--~--··---~-~-~~----11 1 I AM FMUAfl WITH 'TH::: fEQl.11',B,ENTa FOR I..AhtlSCAPE NO IIVl.'ClATION l'LAN:l CONTAtED ~11-IE CfTY OF CARL.9SAD'B LANDSCAPE MANUAL MD WAT5!. 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Ref-or lo CJfy of Carlsbad LDndscape Manual Seel/on 5: Fire Proledlon Requirements. 2, Annual HOA mainlenance walk wilh /heir cantrcctar fo be comp/a/ad by AprJ/ J st each year. 3. Refer fo Oty of Carlsbad Fire Deporlrnenf Standard FPS-051 'Guldallnas for Developmonl wllhln Flro Suppress/on Zones' 4, Debris ond lrimmfngs producad by maintenance and lhinnlng shall be romavad from the site or shall bo converted. to mu lch by o chipping machine and evenly dispersed over Iha area to a maxlmum deplh of four (4) Inches. ~~;~~ I \'-.'\ KEY MAP O 20 ./0' BO' ~ Scaffl:1'=4<1 LENNAR" LANDSCAPE PLAN POINSETTIA 61 (LOTS 1-123) C ITY OF CARLSBAD LENNM"°Mffi """""""' /ll..l30 VIEJO, CA 9~050 {g~~)-(149-u,;:)\ September 21, 2015-5th City Subm!tta l Item #5 March 14, 2017 Page 286 of 334 FIRE SUPPRESSION PLAN Ii\ -"'"'- l: 'vl' "'-"'-· \ ~~ -"' ::"'::------------------------LEGEND it -----::~ '--"' -:'~~rhlnZnnohJtholl.,,,..!1111/11<CUm!..,.,,,ror/GWgrtl'llf,,(lifttllb1 ---------------------------------=.::_~- l\ ~---~ '\. fi" . ~ "' "' ~"' ··'" -,~~ "'"' ! i "' "' "' ' ~ "' "' I : "' "' ""' '\"' "' "' I l "' "' ' ""'~ "' "' \ "' "' ' ~ "' "' -l "' "' ""' '\"' v"'- ,podiafloMlhon3"1nhoJghl)lno.nloh<rl'fl/lm,ft!.lu""qi.,,li!IM. -Zono~J IMUhmo111<0.dtl<lltal1ol1t2C/ l>tll,\mQm'"ioutlj,1op lOil" o/w,y hal;i/JobJ•11n1!:1111"1fJl')/lll<>nl {1t>111lopof&!opo. -Nu/rl>l>lr>rtlwh<(OV11r3'/nhalc/rlfl/mo'""1yjahol/l,oo/b,icd. ./rnf!a1Jcnthoffl,,,'""lulrodanJmalJlJcfood, -/1Jlol/oclimon.!,1olhoJ/n.s:tvn,.h<iUbo~&lo -No.,,lldru.!nr11p11,fJl'wtt1uor ~,.P"' ... .&in1,opo<m111o<J. 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Qid1JOll<INaComo.wr!,lomofwrlolfLa.. - - -20' UPiand Buffer Umit fire Hydronf Mo!nlenonce.A.ccoss GPA 14-06 zc 14-04 LCPA 14-06 CT14-1D PUD 14-12 I '-. '-. ~ '-. '-. CJ CS...:O,lon1><11W:1/orNot>Coml>wnbloPlonlMblwla!} '-. / ""' '\. '-llotlldon,/lac*O.lat,pfllllg<«Mllldul/fuu.CnnawaP.ommfll}.iloforaollho'1m1/l>bolom,arpodllilh . ~ 1 1 '-. '-. • '\., '\. '-' oppn:,,,,,c/d,,,uvhtJol""1111,doopr,,o/..l,,nc,IUU1w,.....,,,.,..,,.afwf!<lf/o,aw:,f11JnobfiiilMli!n(1D111lhoCotubodfh , '\. '\.~ "-O.poronontappn,-,,,dpmil~ar,d//,oc...../Commlulonroqul......,..,11. _d.i---------~~~-,---~\~:;:.~---~---------1-·--........;';i;·~-----~-------•• • 1 • , '-..,_ • •• '\. \. "'-NOTES. I M1 FA!.'LWI. l'llTH 1HE ~ FOR LANDSCAPE ANO tfV\'OA110N f'lJ.1,19 CONT,\f,/8) N THE CITY OF CAA!..SBMJ'S l.Ml).sCAPc MM'UN...AND WA'ffil. EFFICIBir L»OSCAP!=IECU.ATIOU:l.lHAVEPRE!'Ma:,1H19 Pl.ANtj COI.G"l..lANCEYiminiOSE llE<ll.A.AllON.S AND THE LAhDSCAPE !.IMVAi..NlD ACVIE:E TO COl,t>LY wm-t ALL I\EOl.,llEl,B',/lll WHEN OOilt.lTI\'IQ CONSTIIUCTION l)OCU),IS,,ITTl, J CEmFY "THAT THE PLAN 1. Ra/er to City of Carlsbad Landscapa Manual Section 5: Firo Protection Requiremanls. 2. Annual HOA molnfenonce walk wi//1 their conlrndor lo be completed by /.prll 1st each yaor. 3, Refer to Oly of Carlsbad Ffra Department Standard FPB-051 "Gu/dellnss for Dovolopment wi1/1in fire Suppression Zones' 4. Dabrls and lrlmm!ngs produced by maintenance and thinning shall ba removed from Iha s!te or shall be converted to mulch by a chipping machine and avenlydispar.sad over /he area fo o maximum depth of four (4) Inches. U.t.ono...rgn :I "''"""'""'""" 100,.....nldaMlromor SonClomenhl c.,.11fomlc1'2671 Ph111i19-49,.'.166.66U Fa119.dl'.366.6626 LENNAR· Plonnlng /ILEOV!EJO,cAU20~ (0-411)--34!>-8101 Smle:!' .. .(O' 0 2/J ,f(1 BO' ~ rn LANDSCAPE PLAN POINSETTIA 61 (LOTS 1-123) CITY OF CARLSBAD SDP 14-15 CDP 14-34 HDP 14-07 HMP 14-04 EIR 15-03 Seplember 21, 2016-5th C!ty Submlttal Item #5 March 14, 2017 Page 287 of 334 lrrlcat!onSystems: HOAM•lnl•lmd!rtl1a1Ja11Sy1ltmJ: l, HOAm1lnl1lnt,d•ruswlllh•vc!m11Uen 1yslcms1ctommod11ina thhupol>blcorrNMlmO'd w1ltru1tuldm!/0'11on t~cpton1. lltdllmt<l5ysLtmswlll lnl\llllybe chtrldWllhPo~b!• W1111untilllphuuol lh1projl'C\<Dmpl11owN11Uclla'1,a\whkhtlni1 t ht1yiLt1J1<wnl b, di1n1cd lo ftcdotmod W1let/rrlptlansy1\orru. ncclalml'd lnlg,llon ,yntm,shd mc,1HU tt1lon1I 01:JI 1M la<1l hu\Lh 1nd w1\U todti. an~ Cfty o! C:11Ub1d l1nd1t1p11 roqulromenfl In fcrce 11 lhc Umo omni\ l,nd1e1po 1pprcv1l ln~udlng, buL not Hmlltd to, h1 mll111o n ol Jlgn;ge, t111,l1bt l1,purp!tcclortd !rrl11llanplplnc andv1l~cboxntodona1or1d1lmedw;,toru10, l. >lOA·1nl11 UonSvnun,h1~ /ncorporo\t U•dollowln1 wow con,tr/~Uon rutvr.11 I, An Ubu,dtcntrol~ittmc:ap.abltof1u!omollcrunllme1dJUllmtntb11tdonrultlrnt wuth«QUtdM!ons./\ddlUon1lly,ti,1 ccnt!1>1l1r1h1l!ndud,t!ownml111•nd/law m•n 111m1nt tap1bll!Ues to dttKI 1yst1m •nd 111oJnllnD bru~, ind opllmlu wlltr 1ppllullon wll.htn Ille 1flow1blt w11011nJ window, Conircl 1v,t1m Wiil allo lndoff a rain sh111-<)J/d~. b. Dd11lrrlt.1Uonwlll bl' uud cnmo1tl tvt,l=a1bruhpl1ntln11 ,onntoma.dmbtl.hl! dl1tribu1/onUnlfDrm1tyo l lnl1ollon1ppkaUon. c. ~ah aJlklenty, low p~dpll•Uon lilt Mp rllt.llor, m1td1ed predplt:J11on r,i,o h •~d1 will l>l'uud on lh1 ,rope pl1nUn11, Wrf pl1nt1n11,ud nlMtcd wldtr1hrub plm1Jng1ono1. d. Che<kVa lvnwlll beu,odtopr••on1w,terlwlhrouahlowhe11ddriln1ao. t, P1tiJUrt r,1u!1tlng 1,rl nkle, bodies will bl u,~d 10 ln1mo optlm1I pr~11w11 •L \he lrrl1a1lon hndl ind to p1cvcntw1t«lo1.1 through foulna, CJtyM1lntaln1dMed.11nlrf111UonSy1l&m1 : !, Otym~nt,tn,:d lnlpllon~n1 wlll bt1111t1Utd puaty Pirkl D0p1rtnlfflt1L1nd111h, HOAM1lnuln1d Mtdl111lrrlptlonSy1lem1: 4. H04m1!nhln~ lrrta,t1onm,dl111J\'llllb!I ti.1tahdpoteJtvP•1ksD1p1rcm,ntn1nda1d1,botahlll btmtlntiludbytM.H04, Hom• Ownu Ptl~l1 lrrl p 1lonSy1hm.1 {not a p1rt o fthls lubm1th1, luhu• tdorenc1 only}: S. Hom, Own1r Prlv.,tc malntaln1d a1t1J WIH h1Y1 ;n lntjallon syrt,m ur1/c1d wllh ~<>table water. Po11blt>Wtu!rrl111laniymmuhoHmettd1e1lon•l/klea!w1ltra,d1111ldC!tyalCuhb,d l•nd1ape rcqulltmtnll, 6. Ham, Chmlr Prlvat1 m:ilnUlo1d attU shall !nccrporat, tht, ro!lcwln1-waltr ei,tutl'lfLIGn luturu: a. M Et b11td,onlrcl sv111,m1:11pabl1cra111~1knmll,ru,1djurtmctot lmedcn rc1l 1lm~ wn!hor condldon1. Qlnirol l)'Sllm wlll 1!so lnduda-. ~In lhut-<1!1 dm<e ;)J a p:iitcflh~ wulh..-se11<1/11nn1()<, b. Hlll10rtldrncylrrl11llonro\otJ1nd/cr mp1otalorsn"Lch 1dpredpltatlonlVPt h11d1"11! brundcn1h ... laJ>11pl1n11n11, t, 8ubl>h rl11l11llonwlll ~ usod on lht 1t,e,ttru planlln1, lom»lmh1 lh o dl1lrlbullan unlformltv·nr1n11 1L!ona~pllmlcn. 11. lpuy Int gall an will b<, llmllod ia 1ma~ aro•~. whHa rolar ar-,olaLor l"n>C he>dl would no1 (It. Hi&II e(f,drncyTora 'o' ar~llnblrd'HE' urlunonlu w\Ub1 used In \hue c<>ndl~om. e, (;ht(kValvuWUl11tu1tdtapt1Yentw1ttrlo u !hrou1thfowhuddraln:r1,. f. i'tH1Ura rc1uloUn11prlNJ~tbodltt w!M be UJtdloln.urecpUm11prwure 11 tb1 lni111l0111tt~1andloprenntw;1tc,lol1lhro1t1hfocaJn1, lrrlga1lon System Cakul1Uon s-Overall: 1, TI1•lollgy1!n11,asumnmyoflhPHukul1Uon~ M11dmYm AITGWlblo WalorU,ol E1\lin1tttdTct.:llWat1rUw: MallmumAllow1bloWa1uUm f1Um11cdTct.olWatuU1c: 2,293CCfPol1blt 2..UZCO'PD!llblo 9,233CCF~eC'jtk.d _ 6,370CCl'neqdod CONCEPTUAL IRRIGATION CALCULATIONS AND DESCRIPTIONS GPA 14-06 zc 14-04 LCPA 14-06 CT14-10 PUD14-12 SOP 14-15 CDP 14-34 HDP 14-07 HMP14-04 POTABLE WATER IRRIGATION CA LCULATIONS Pol111ctt1:1 61 -Hamecwntr A~scclaUon {HOA) Maintained Ar<!ilJ: ZonesRc:uMngPotab1cWatcr Hr,l ra,Gne T1bh fa, Calcul11I~~ awU ,1 .. «<onlflln,n .... hJW"'""""w,1,). u,,.., "'""'"~1 .. ,.,arnr-or L___J;:~,.,..,.~:;,::J:~~\'): ,~,!~~u,1, •.• ,,,.,..,,,,.,i.. ~.'j.:i!:i'll~ nl ~ •. ,.,..--41),,J' IT•>IAIIhpa.tdSI.A ¥1oS..-,,I Ela' lfo•o/1-1 -,•• ,..,.,.,., ... iw .. ,,tu<-"'-n•l•l<·• ru,o{dC•m.,.Rt.l••M """"'"·...,,, .. rJr,iifr,,,.,llo( '"':;".~::::.::::.·"'"''"·,,,_ •·r10~1r.,uu.~ll',11..-11« .. ,::~;::-,,i::·=--.!: :!::::::-'::::::.~ .., ..• lH~-l 4410.8 1 l,.u "'/( 11~ .... ,,.,-.Jo :.::.-~ .. 111 .... ,, a, ... .... "'1flbol_,,,_,u,,/i/T ..... lli ..,,.......,...._...,...,,il/tt<JO ~lrfk<l<r1'--rn,./-''•..,_,......,.._,.,. ,i, ... 1,., .. ,,.,.-.. ...,.,,, .. J) MAXIMUM ,\PPLI.ED WAT~ll USE (M,IW,I) c~l,uJotlan, Po11bl~ W~ttr HOA (H.ello.11.>)(<1.7~a9,l•J)•l<><1a•(•lo))•~IAWA• ~,,t RECYCLED WATER IRRIGATION CALCULAT IONS P<>ln<Gttla61-H<>mcrD""'0'A.t'ocbllon \H04)Malnt.alnod,'lrn 1: f~lu1a 11,,:y,l~d Wntcr2onu (Tompon,lly Pct~blo-Phaud Pmjed) 11.,..r,.10n1l>\\elotColarkU•1 n"WII f~<h<IHOl'ltk 1r..h)'llo-u~1<!1).lh,u"'"'l'L>l<""""'""'l' ,..,.,....,tro-u ... WIN.~!OJLl'LW_11W)!,.., llr~"'"''A1 .. ll!A) i, •• "~'"''~ .... [•mfl•J•"ll',11,/El["*''"/•<1 .. ,,,,1,t,rc,.,r..,J,.1 • .,., ~""'"""'"'""""'~i7•""'r"r """"'11 -·-.. ~·1 11.,,... .. 1 L-,ol.t(l,,-11,\f,/o, ··-,r.,.,,..,,1r.,,,rt11 , ~•·l"U~-v.,.1-1;;,;;::: ::~::;:~~n:;:;;:::=..r:- •11"6'-1 0 .......... h ... ,.,,,...,111< "'II; ''"''"¥", ..... :S::~ll trn,,.,, A,r .. .._.-,,-11,,"1{,.,.,1<:tf ..,,.._,.,.....__ ............. .. ~,., ... n,,,-., .... ..... ~~::::1..:::-,..:-1.:;::.: Po!nstttfa 61-Homaowner Association {HOA! Mal nta!ned Areas: FutureAetytledWalerZonos(Tcmpor.irllyPotabJa -PlmcdProJec t) Plearo ,..,,~T.i~lhrl1r,!ra""'ot•l,l•(<l, u,.,..,.,,..,.1,bl«une<u1.11r :::--1~~:::,~'!:'"'""~':::: :::-,:..-:; ........... < .. _...., .. 11..,H.,, ,_ >·pH l'l.oothn•r , ....... i,,w ... ,,Art,UIAJ 1:.~~1.,.,4 ... I :""''.''"""'""'-''"'""" r .. 1o{£1C. .. 1 .. r..ol•4r,o .1/>rll<••lm•,, ... .r,••/\ll"'"' t1u1[ <VfJ'C''r<d •t'"'"'"'""l/oO•ulo/«!IO f pi,t•"'I lrlh,C'I r"'""' ni.r~ .. l :··o.,,,, . .,., . .,,.,", ,.,.1'1.11'-Y,,yi...lV,1.,.U.. <>,J•1IV-~IV•1<,U..f1...,, a.J •JIIY·M°"'"""ll'•lorllw<"- d •llll'-H ... W,,..U.,ri-, {sec linl lh~cLJ Jfl<n . ...,., •••• s,..., •. 11 ~"""·l'' O.Ukr•,TJ 11,1, •••• ~r,n .. ,1••rr.0•"1••oiff,,,,,1JElf '"'l""""l '-'"'"~··•·li·"'" .lr,,....r~,,.,<:k,,.,. .... ,_ ,~,.,.,-Nf</nlJ•<I .... .. _,_, ...... l'N<tlrr•.l,.,,,_.V HAXIMUM Al'PLIEO WATER USli (~U.WII) ca!ru[ulon: llcqol~d Wuiu HOA 1,~.u)lu,6>l(u,7 ,)6t,05S)+(U,)JO(d,J),MIIIYII• ~ .. L I ilm famlllarwith the requirements for l•ndscape and Irrigation plans contained In lhe city of Carlsbad's l;indsca pe m;rn u•l and water efficient landscape regulations. I have prepared th is plan in compliance with those.regul atlons and the landstilpe manual and aaree t o comply with all r equirements when submitting construction documents, I certify th-iltthe plan Imp lements those regulations to provide efficleotuse ofwater. ~ a-~· ~ Scott M. llndn1u, RlA 2818, CID March 6, 2015 JOO AwrllilaMlrom..- '°'"""-Colllon,ioV:1.672 b ENNARj LANDSCAPE PLAN PO INS ETIIA 61 (LOTS 1-1 23) CITY OF CARLSBAD 1~1-1 Phano'i'All.366,6624 fuo;.9A9.l66.6d2/, WWWJh~L<mt """"""""' """"'""'' AUOOV.sJO,CA92GSe (9411kl4ll-S101 April 11, 2016-5th City Submittal Item #5 March 14, 2017 Page 288 of 334 I AM FAJ..UAA Vr'llll ll-E REOURe.ENT'8 FOR LANDSCAPE AHO RROATION PI..ANB CONrAtlED ~ THE.CITY OF CAfl.J3BAD'S LAl'OSCAPE 1.WNAL AND WA1Bl EfFICBff LAl'OBCAPI: FiEOIA.ATlONS. I Kil.VE PREPAAED1H8 PLAN~ COMf'UANCE WITHlHOOE FiEGil.ATIONS MO THE: LAtOSCAPE MM\IAL .MD ACflEETO cot.f'LY WITH ALL ~1'/1-BlBIJBITTrnQ~DOCIJI.ENTS.lcatTF'l'THATTI-E l'i..AH LIRLs.erT'B THOSE FlBVI..AT!ONB TO ffiOVC)E EFP,CIENf UBE OFWATER. CONCEPTUAL IRRIGATION PLAN lOOAvonldaM!romor SonClomonlo Colilcmla9l672 Phano!i'49.366.6624 f'Cl:ICM9.366.6d26 '/Ntw.thocdloboroi~l.com ~-, ·~·""'· ... '""""'"""" M•• w,,,,u .. ,., ~ ... ~ ......... ,,.,_ -· C:J -· -·· Ou llvllW, .... ,,ea- ,Hn,u l~ .. , o.,...ir ... ~ •• -~ ~"'"" ~- Ao,u ... ~·· C l] ........ ,. .. vm .. o .. c:b ·--.. nm i,,,. .. .;mcc,- ...... , -•• 11,m..,.,,, .. v .. Jl>nlo, "" •• 11 .... -. .... ..,.. ,,.,,t••1,1 -·· •• ... i.,_ .,.., w,,,, .. ,. "' -i:.~" ·-· .~ "' t: J lpur W>l>,o,. ,., ..... ""'" -.... ,1 I '.'.I .. w,wll>t -· "' =~. £1Uw-.... ----..i.- U ,O«>"""'-' ""'''"'1'1"'""'j'""''"""l""1"''"'11on""hlll.:lrb1_,..,_po\olll1""".,,\'j" ""''""' .. """'"'"'"'monn,,,..,..,..,..,,,...,-,1.., ... -wm,,.,m, 1-I l<>t.TU:._CO..........,.ITT».ln'l•>ll.OIUU!lrlll ... ll'WU-.. .,,....,,,,....,,,.n~""""""...........,,.,,.""'"...,_"" __ , "'°'•lrt(L1lfll>A~l'rJ. , _m,~••~m-•-~-·~·-• ll'lt'Dl<nln•w .,.,. Refer1o Sheet Ll~1 for lrrigalion Calcula tions and Descriptions. AquaCommercla llrr/gaUon GIDlo,v,~<h,,Ellt,l,S,Jlo1:l4 $,.;1,1..,,,c,1,'0rrl,11wi Ph;(11D1150-lttH.,,tyOOJ150-1!1U KEY MAP GPA 14-06 zc 14-04 LCPA 14-06 CT14-1D PUD 14-12 ~ 1t,' I~· ~[1 r.J""""""'1 b ENNARj LmW\H°""' 25ENTEFmBE ALISO VEJO, CA 92650 (049kl49-i!IOl LANDSCAPE PLAN PO INSETTIA 6 1 (LO TS 1-123) CITY OF CAR LSBAD SOP 14-15 CDP 14-34 HOP 14-07 HMP 14-04 rn Ap rD tf, 2016-5th City Submlttal Item #5 March 14, 2017 Page 289 of 334 CONCEPTUAL IRRIGATION PLAN IMI FAl4.IAAWITHll-E~FOfll..AhOOCAf'E..W lffQATCNPl...4H6 c.oNTAHD H 1lE CITY OF CAFU...alA.0'8 LAh08CN'E MANUlL AlO WATER B'ffCEN'l' l..A!iDIICAI'!: fE<ll.A.TlOH9. I W.~ PIB'NIED 1H8 PLAN~ cot.l"UANCE. WITH 1H05E fEO'.A...AllOHSNDll-EL»blCAPE W,NJAL.AHOAOREE1t>cotR'LYV!mi AU.. FEct.lBEM'S 'M-818l.8.ITaKI OONrmu::ooN ~ t CSJiFY lMAT11£/'l.AH M'lEMENtll' n-KlEE FEa.,u:no«e TO MlOVD6 e=FiClB'/T" USE OF WATEJl. Matchline • See She et Ll-4 IOOA.....idoMnlmor s..no ........ Colfom .. 91672 Plu,.,.949.366.661-4 Fm;fA9.:JdU4l6 Wll'WJ!,oa>&abonrlt,.w.1~ ..... ~·~ ·-· lr>U« CJ .... ..~ .... ,.. :~: •• ·-· .,_ [1] --~ ~ C:J ..... ~ ·-· •• ....'"""' ~ •• -·-·-· ~ ...... ..... 1 ... ,1 •• MMt,I,.., ~-1,,,.c,,, :nt,1 c:IJ --~ -..... 1,111111 ""' rr: :;J .. ·-.. ,_,,,.. Un - , • .,.w .... ~,~ ...... ~ .. .......... --- ·-- ... -· .... """ =• ·~· ··-.. ........ ...... 11 .. , .. GPA 14-06 zc 14-04 LCPA 14-06 CT14-1 0 PUD 14-12 SDP 14-15 CDP14-34 HDP14-07 HMP 14-04 11"'""'"''""'-'d"""''"_, ....... "''-·'•~''"""'~ ... , ................. .i ......... '"'""'"'"''"""""'"-'h,'""-...... ,.......;,,i ..... ,>j...,., Refer to Sheet ll-1 for Irrigation Calcu!allons and Descriptions. b ENNARj """"'""""' """""""' ALm\'IE.JO,CA02a511 {D,4Q},3,11MJXl! KEY MA P LAN DSCAPE PLAN POINSETTI A 6 1 (LO TS 1-123) CITY OF CAR LSB AD rn ....... 1-~-s 1 Aprll '11, 2016-5th ctty Submttle.! Item #5 March 14, 2017 Page 290 of 334 Matc hline -See Sheet LJ-5 I Afl. FAMUM l'l!lll 'Tl-E ~rre FOR LANDSCAPE Al<l Jffa4:ooN r...ANB CONTANEO ti 1K: CfTY OFCAR.!IIMJ'B LAI06CAPE J.WNAl. ANO WATEll B=RCENT' LAI09CAPB REOLUTIONB. J HA~ PfE'MED TI-le Pl.AH ti co+.9'\.JANCE wm-t1HOBE REa.l.ATION!I AND THE l..AtOSCAPE MM\JAL.AhO ACH:ETO COl,l>l...y WITH .ALL ~WI-EN Mt.mN:lCCl«IJffi\JCTlooa..trami.lCBtTFfTHATll-EPLM CONCEPTUAL IRRIGATION PLAN '------~ _/ 1· ll=·i~~===·· I '::-:l=.-:=.===:"=· _ .......... -- PREPARl;DBY: Refer to Sheet Ll -1 for Irrigation Calculallons and Descriptions, ·:c:i e: ·· •, ~· 100A'11nldQMlromar SanCl .. .,1. Caltfom.109'2672 Pb~o949.366.6d24 fmc949,366,41626 k ENNA Rj KEY MAP GPA 14-06 zc 14-04 LCPA 14-06 CT14-10 PUD 14-12 LANDSCAPE PLAN PO INSETTIA 61 (LO TS 1-123) CITY OF CARLSBAD SOP 14-15 CDP 14-34 HOP 14-07 HM P 14-04 rn ...... 1·:l-41 April 11, 2016-5th City Submittal Item #5 March 14, 2017 Page 291 of 334 J1!2lfjj flICmo.wc OIITA RIES Mt: FCW f?lFEJ?fJ{Cf ONLY ANO ME NOT TO BE /JS(!) FOR H0.9/lONTAl OR !£RTICAl S{JRlfY CONTROL ©2016 O'Doy Consullonts, lnc. Sf£ SHEET No. 2 GUoSfPA!IXINC. IIECR£A!IO.V AREA PA/IX/NG, , , SfCONOOJ!fll!NCPARKIN6. PRl'P/!t/f.f.HW!.t SPACI: .. R- SD- CJ SE TBA CK NO TE Kl!J%#f'Zf!It°IEJ J£18ACK I 000 FOOT RAO/US NOTE All UNITS ARE lOCATEO lfllHIN 1,000 FEET OF AN ACTJvE REr;_REATJON ARE1. SETBACKS PRIVATE RECREATION SPACE AND ON-STREET PARK/NC - PO!NS[TT!A SHEET I OF 2 SHEETS 111fOTliYO.CARROLL,JR, Item #5 March 14, 2017 Page 292 of 334 ', I .@JHf tl.£CTRO.YIC OATA nllS AR[ FOR RE!ll/£NC£ ONLY ANO AR£ NOT TO BF. IISEO Fa'i /IORIZONTAI. 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RCE: Item #5 March 14, 2017 Page 300 of 334 Concerned Citizens of the Project 61 Poinsettia Lane Extension by Lennar ATIACHMENT .8 The proposed development of 123 homes and the Poinsettia Lane extension by Lennar will greatly impact the safety and enjoyment of the Viadana and Pavo real neighborhood that we presently enjoy. We request that a traffic analysis be completed and mitigation measures be incorporated into any plan that the Carlsbad City Council will consider for adoptiori and if not, we respectfully request the project be denied. - The Viadana Community will be greatly impacted by the Poinsettia 61 Project as proposed by Lennar. Our community has not been properly notified, informed or considered in the proposed project by Lennar. We wish to have our concerns addressed and mitigated before the City Council considers adoption of the proposed plan. Viadana is comprised of 82 homes which span from Skimmer Court to Oriole Court, Mimosa, Moorhen and Dove Lane. Our residents are mixed generation with many children and senior citizens who presently enjoy the walkability of our neighborhood to the post office, theater, urgent care, coffee house, grocery story and more. Many of our school age residents walk and ride their bikes to the local elementary and middle school. Our safety, enjoyment and property values are at risk with the current proposed development. I. Traffic: 1. Is there a traffic study? a) If so, when was it completed? b) What does it say the level of service will be for Skimmer/Poinsettia intersection? c) Oriole/Poinsettia intersection? d) El Camino Real/Poinsettia intersection? 2 . What mitigation measures are incorporated to minimize the traffic impacts? a) to the Viadana neighborhood? b) Pavoreal? 3. The Project appears to divert traffic from Cassia and El Camino Real into the Viadana and Pavoreal community without appropriate mitigation. We request an analysis of 1.) a no-right turn from Poinsettia onto Oriole Court. 2.) a round-about at the intersection of Poinsettia and Oriole and Skimmer Court to slow traffic and allow for safe entry into and out of neighborhood by residents. 3.) consideration of pedestrians from Skimmer Court 4.) traffic calming such as Islands on Mimosa Drive to slow traffic Any mitigation, must consider the aesthetic of the neighborhood and enhance not detract from its beauty. 4, What measure have been included to direct traffic out to El Camino instead of through Viadana? Pavo real? These are just a few of the questions and concerns we have and we again request, the City Council to deny adoption of this plan as it is today. Respectfully, Concerned Citizens of the Project 61 Poinsettia Lane Extension by Lennar as signed below ..J Ct..J4ta~)"'2_A City of Carlsbad .JAN 2 5 2017 Pla nn ing Divi s ion Item #5 March 14, 2017 Page 301 of 334 D Concern.ed Citizens of the Project 61 Poinsettia Lane Extension by Lennar The proposed development of 123 homes and the Poinsettia Lane extension by Lennar will greatly impact the safety and enjoyment of the Viadana and Pavoreal neighborhood that we presently enjoy. We request that a traffic analysis be completed and mitigation measures be incorporated into any plan that the Carlsbad City Council will consider for adoption and if not, we respectfully request the project be denied. . '.·~a· .·A~dress //!===:!:~~~~~~~~~~===~~~~====!=~==::::±:=M.===='=""=aS==O\_=====~ 'l.:) hl"'-<>_j'\. \)<-,v~. !-"~--'-~-'--t-~~~-+->L-:=-~~--=---=-=-~-"""'"""""--t-~~~~,~~~~~~ cl lf611 (V\vVul~ ])v, ' i-.,=~-=-1---L-.-~~~~+-"'~~,---+--+~~-1-~~~~~,__~--1 6~=±:s!=::=:=~=======::=:::;.=;===±=~~========::====================: (() Iv>!~( -rs 11~~::u!-~~~~+-~~~~~~-i..::::'-L..l-.+-.I..LLl.tK/Q~bd.....~ ,;L£~~'4t~~~c==:iit11=~~~=1 (1 A\txa µo'?.alis Item #5 March 14, 2017 Page 302 of 334 Concerned Citizens of the Project 61 Poinsettia Lane Extension by Lennar Item #5 March 14, 2017 Page 303 of 334 Concerned Citizens of the Project 61 Poinsettia Lane Extension by Lennar N PsMe -f(?...i ~r I~ ( ,"/,dlq ,q {D llvtlnw H ~/)~~,~~ Jrnn1{t,r [V f?1vlfi,_1 (oo/f W l:yf{J ~ ? ~rkA4f fA)&//5ovi -<-~ ~ i't ~~ :y;t11eJ[,lr!lt0fJ{) ~ S--Jhf/ff (J L -WI' JI / Of /117 5 f C::tuJ kint Lo.14'\0orto-')O 1/J/ .r:t r 1-] /VI, M osA-,0 UJ Cf c;; 3 11} l ,'-VY) {)r: 0q s1 4; h!lc5'J_1Y'. q 20 u Fet1'f1orc/e~-s1·1uei. &qh 3 MtA'ldj Dr. b ~~7 /,«(IM$S;J!-/}fi. 9J.o// Gtf1Q.. M,~:sA., 1J,v-. °t;;;>oJi {/)iZ M/L1t os'i bv. °r2oJ I 6~82 M,~l110j'} Dr~ °IZOI/ Item #5 March 14, 2017 Page 304 of 334 EXHIBIT 7 DISTRIBUTEu DURING PUBliC COMMENT AT OOUHCtl p c__ MEETINGOF Q./1/1 11 Concerned Citizens of the Project 61 Poinsettia Lane Extension by Lennar The proposed development of 123 homes and the Poinsettia Lane extension by Lennar will greatly impact the safety and enjoyment of the Viadana and Pavo real neighborhood that we presently enjoy. We request that a traffic analysis be completed and mitigation measures be incorporated into any plan that the Carlsbad City Council will consider for adoption and if not, we r espectfully reques t the project be denied. The Viadana Community will be greatly impacted by the Poinsettia 61 Project as proposed by Lennar. Our community has not been properly notified, informed or consider'ed in the proposed project by Lennar. We wish to have our concerns addressed and mitigated before the City Council considers adoption of the proposed plan. Viadana is comprised of 82 homes which span from Skimmer Court to Oriole Court, Mimosa, Moorhen and Dove Lane. Our residents are mixed generation with many children and senior citizens who presently enjoy the walkability of our neighborhood to the post office , theater, urgent care, coffee house, grocery story and more . Many of our school age residents walk and ride their bikes to the local elementary and middle school. Our safety, enjoyment and property values are at risk with the current proposed development. t. Traffic: 1. Is there a traffic study? . a) If so, when was it completed? b) What does it say the !eve.I of service will be for Skimmer/Poinsettia intersection? c) Oriole/Poinsettia intersection? d) El Camino Real/Poinsettia intersection? 2. What mitigation measures are incorporated to minimize the traffic impacts? a) to the Viadana neighborhood? b) Pavoreal? 3. The Project appears to divert traffic from Cassia and El Camino Real into the Viadana and Pavoreal community without appropriate mitigation. W-e request an analysis of 1.) a no-right turn from Poinsettia onto Oriole Court. 2.) a round-about at the intersection of Poinsettia and Oriole and Skimmer Court to slow traffic and allow for safe entry into and out of neighborhood by residents . 3.) consideration of pedestrians from Skimmer Court · 4.) traffic calming such as Islands on Mimosa Drive to slow traffic Any mitigation , must consider the aesthetic of the neighborhood and enhance not detract from its beauty. 4 . What measu r e have been included to direct traffic out to El Camino instead of through Viadana? Pavo real? These are just a few of the questions and concerns we have and we again request, the City Council t o deny adoption of this plan as it is today. Res pectfu I ly, Concerned Citizens of the Project 61 Poinsettia Lane Extension by Lennar as signed below ,J etl4-rt ~ ·-nQ;v-t£,it k rt"t?/lr\ ca ~ 0c:y M < •'Vl 0\ tf( Dr, ./f.;>'.itf"\--let...-.. .. .-fr r Jl .,.-,_ ...... ,_ Item #5 March 14, 2017 Page 305 of 334 Concerned Citizens of the Project 61 Poinsettia Lane Extension by Lennar Action petitioned The proposed development of 123 homes and the Poinsettia Lane extension by Lennar for: will greatly impact the safety and enjoyment of the Viadana and Pavoreal neighborhoods in which we reside. We, the undersigned, request that a traffic analysis be completed and mitigation measures be incorporated into any plan that the Carlsbad City Council will consider for adoption and, if not, we respectfully request that Project 61 be denied. Printed Name Address Date ,,., b~e rt2i J; Ile ,_ JJ -(l t;} ~~"'----=----~-=-<-----,e----------='----"'----'---------=-----+-------+--'---11 1-31-rr lot?:::> M co rhe,i. P I -/ -/ l le_¥tt ~11\vlP 2: 1-1 2-/-:-=7- ,~-!-/'! i ' ~-1-r 2--,-r=t- 1 w Yh.tL PE re rcr. o rJ I Item #5 March 14, 2017 Page 306 of 334 Morgen Fry From: Sent: To: Subject: Councilman Packark, Alan Jones < Tuesday, March 14, 2017 11:18 AM Council Internet Email; Sherry Harper A "YES" Vote in Favor of Poinsettia I'm writing in favor ofthe Poinsettia Development by Lennar. All Receive -Agenda Item # ~5 For the Information of the:- CITY COUNCIL AC~ X CA -k:::: cc JL: Date~City Manager t/ Lennar is one America's leading homebuilders; with projects in San Diego such as; The Bridges, The Lakes in Rancho Santa Fe, Bressi Ranch and Casero in Carlsbad. Lennar is known for its award-winning design, /{Build it Green Award" I Energy Efficient Homes-An overall product with; Quality, Value and Integrity. Poinsettia is an outstanding project with the timing being perfect for 11 mid-level" housing in the low $ 700K to$ 800K. The planning that's gone into this project is extortionary; from being energy efficient, with solar incorporated. Lennar has done it all: • Two Neighborhood Parks and a Recreation Center • On-Site RV Storage • Public Trail created along SDG&E easement • A "Traffic" Light • Poinsettia Lane Extension ... A much-needed traffic relief, providing an evacuation route in the event of another fire! • Open Space Preservation & Bridge to Allow Wildlife Crossings!!! From my experience and living in North County San Diego for the past 20 years ... this is an exceptional project and deserving of a "YES" vote on your behalf for Lennar I "Your'' NEW Poinsettia Community! Respectfully, Alan Jones . San Marcos, CA 92069 R: 760-798-9810 C: 760-500-0450 1 Item #5 March 14, 2017 Page 307 of 334 3/14/2017 To: Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 From: Dan and Samantha Weis Carlsbad CA 92011 Subject: Poinsettia 61 Project, Carlsbad, California Dear Mayor Hall and Carlsbad City Council Members Blackburn, Packard, Schumacher (Cori) and Schumacher {Michael): · We reside approximately one mile to the west-northwest of the proposed Poinsettia 61 project. We also have four kids attending school daily at the Aviara Oaks Middle and Elementary School campus located tess than one;,..half mile south of the proposed project. We are in full support of this project for several reasons, some of which are listed below: • Provides high quality housing in our City and associated property tax revenue • Provides much needed infrastructure improvements (Poinsettia Lane connection/completion) • Preserves habitat and provides for long-term maintenance of such habitat areas • Construction of a new public park in Olde Carlsbad • Assists in resolving lawsuits with North County Advocates, allowing City funds to be better used elsewhere In 2014, during the wildfire event that occurred in our City and that nearly took out Aviara Oaks Middle and Elementary School, the majority of this property was subject to burning. We note that with the new proposed development in the northern approximately 25 acres of the property, the potential for future fires to occur in the area will decrease. We view this project as a strong display of collaboration between a seasoned and highly reputable developer, our local government, the general public and local environmental activist groups. We encourage you all to support this project when you vote this evening. We also thank you all for your commitments to making Carlsbad a great place to live, work, raise a family, vacation and enjoy life in general. f·. / / .· } ":4;k.:~YjJC.C..~~-tid?~? Dan and Samantha Weis Item #5 March 14, 2017 Page 308 of 334 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING ro: cmc~~ DATE OF PUBLIC ~RING: . --. _...,d~· ::..r-/-t.«Q;,_,_X>...u....0...:._!·r-Z~~--- SUBJECT: -flu~ (p/ LOCATION: ~~~--~--------~------~--------~---- DATE NOTICES MAILED TO PROPERTY OWNERS: _ _...8:<;.--_ -L-/~l~SJ.,__.li.._L 7~--- NUMBER MAILED: Q'B;J.. I declare under penalty of perjury under the laws of the State .of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 .Union Tribune . ~oastNews PUBLICATION DATE: Union Tribune.~------~---------__,___, __ Coast News c9 / 17/!·J ------~-r.~-~~-~~---------- I declare under penalty of perjury under the laws of the State of California that I am e~fyed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and coect.~~ J Dat • -~~~~L-? . f}.J_3/12 . . (Signature) Attachments: 1) Mailing labels 2) Notice w/ attachments Item #5 March 14, 2017 Page 309 of 334 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, February 28, 2017, to consider approval of the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and a recommendation of approval of a General Plan Amendment from R-4 to R-8 (no change to project unit yield) and to adjust the boundaries of the open space and residential land use designations, a Zone Change from One family Residential (R-1) and Open Space to Residential Density-Multiple (RD-M) and Open Space (OS) and OS Land Use and zoning for an adjacent 10 acre site as mitigation land, a Local Coastal Program Amendment, Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan (affordable housing component), Hillside Development Permit and a Habitat Management Plan permit for the development of a 50.8 acre site for a 123-unit single family detached condominium project and construction of the last remaining section of Poinsettia Lane ("Reach E"), all located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21 and more particularly described as: a Portion of the Southwest Quarter of the Southwest Quarter of Section 23 and a Portion of the Northwest Quarter of the Northwest Quarter of Section 26, both of Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Unites States Government Survey thereof Whereas, on February 1, 2017 the City of Carlsbad Planning Commission voted 7-0 to recommend approval for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and a recommendation of approval of a General Plan Amendment from R-4 to R-8 (no change to project unit yield) and to adjust the boundaries of the open space and residential land use designations, a Zone Change from One family Residential (R-1) and Open Space to Residential Density-Multiple (RO-M) and Open Space (OS) and OS Land Use and zoning for an adjacent 10 acre site as mitigation land, a Local Coastal Program Amendment, Vesting Tentative Tract Map, Planned Development Permit, Site Development Plan (affordable housing component), Hillside Development Permit and a Habitat Management Plan permit for the development of a 50.8 acre site for a 123-unit single family detached condominium project and construction of the last remaining section of Poinsettia Lane ("Reach E"), all located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21. The project is not within the appealable area of the California Coastal Commission. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Thursday, February 23, 2017. If you have any questions, please contact Teri Delcamp in the Planning Division at (760) 602-4611 or teri.delcamp@carlsbadca.gov. If you challenge the Environmental Impact Report, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Carlsbad Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and/or Habitat Management Plan Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP ' 14-34/HDP 14-07/HMP 14-04 CASE NAME: POINSETTIA 61 PUBLISH: FEBRUARY 17, 2017 CITY OF CARLSBAD CITY COUNCIL Item #5 March 14, 2017 Page 310 of 334 • N NOT TO SCALE Poinsettia 61 EIR 15-03 I GPA 14-06 I ZC 14-04 I LCPA 14-06 I CT 14-10 I PUO 14-12 I SOP 14-15 I COP 14-34 I HOP 14-07 I HMP 14-04 Item #5 March 14, 2017 Page 311 of 334 E~~l;lbels ® ~1femplate 51GQ~60™ RESIDENT UNIT 924 6560 AMBROSIA LN CARLSBAD CA 92011 RESIDENT UNIT 927 6560 AMBROSIA LN CARLSBAD CA 92011 RESIDENT UNIT 1311 6570 AMBROSIA LN CARLSBAD CA 92011 RESIDENT UNIT 1314 6570 AMBROSIALN CARLSBAD CA 92011 RESIDENT UNIT 1317 . 6570 AMBROSIA LN CARLSBAD CA 92011 RESIDENT UNIT 1321 6570 AM BROS lA LN CARLSBAD CA 92011 RESIDENT UNIT 1324 6570 AMBROSIA LN CARLSBAD CA 92011 RESIDENT UNIT 1327 6570 AMBROSIA LN CARLSBAD CA 92011 RESIDENT . 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Ul.!!re~~SJfiO; Item #5 March 14, 2017 Page 327 of 334 EDWIN ROMERO, CHAIRPERSON 1095 SARONA RD LAKESIDE CA 92040 BUSINESS, TRANS & HSG AGENCY 915 CAPITOL MALL #350B SACRAMENTO CA 958144801 CA DEPT OF TRANSPORTATION DISTRICT 11-DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 DEPT OF FORESTRY ENVCOORD PO BOX 944246 SACRAMENTO CA 942442460 FED AVIATION ADMIN WESTERN REG PO BOX92007 LOS ANGELES CA OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS POBOX3044 SACRAMENTO CA 958123044 SO COUNTY PLANNING & LAND USE DEPT STE 310 55100VERLANDAVE SAN DIEGO CA 921231239 US ARMY CORPS OF ENGINEER 915 WILSHIRE BLVD SUITE 1101 LOS ANGELES CA 90017 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 ll '-i I \ i 'i ' . 'I AXELSON & CORN ATTORNEYS AT LAW 160 CHESTERFIELD DR SUITE 201 ENCINITAS CA 92007 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CHANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 COUNTY OF SO SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 FEDERAL ENERGY REGULA TORY COMMISSION 100 1ST ST., STE 2300 SAN FRANCISCO CA 941053084 SAN FRANCISCO BAY CONSERV & DEV COM STE 10600 455 GOLDEN GATE AVE SAN FRANCISCO CA 941027019 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 . . - -.. US ARMY CORPS OF ENGINEERS REGULA TORY DIVISION SUITE 100 5900 LA PLACE COURT CARLSBAD CA 92008 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STEW-2605 SACRAMENTO CA 95825 Etlquottu d'DCINSSO Easy Peel 11 ~~~~f@ilfinli@~~lot"lorobord Pop-up® I I[ I It BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 CA DEPT OF FISH & WILDLIFE CHRISTINE BECK 3883 RUFFIN RD SAN DIEGO CA 92123 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 DEPT OF FOOD & AGRICULTURE AGRICl)L TURAL RESOURCES RM 100 1220 N ST SACRAMENTO CA 95814 DEPT OF JUSTICE DEPT OF A TTY GEN STE 1800 600 WEST BROADWAY SAN DIEGO CA 92101 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 SANDAG EXEC DIRECTOR STE 800 1ST INTL PLZ401 B ST SAN DIEGO CA 92101 STATE LANDS COMMISSION STE 1005 100 HOWEAV SACRAMENTO CA 958258202 US BUREAU OF LAND MGMT STERMW 2800 COTTAGE WY SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 AJiez a avery.ca/ 9abarits : 1 1 Utilisez le GabarltAvery 5160 1 1 Item #5 March 14, 2017 Page 328 of 334 CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALKAV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 ! I I. ~~f®~lt~IS IIIMJ~II111e~~IP<ip-liJP-~ SAN MARCOS SCHOOL DISTRICT STE 250 2'55 PICO AV SAN MARCOS CA 92069 k.EUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COST A A V CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATIN KANAN! BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY-BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 !I ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 Item #5 March 14, 2017 Page 329 of 334 E~Labels ~ ~plate 516'01Jlfia~O™ RESIDENT UNIT 717 6640 AM BROS lA LN CARLSBAD CA 92011 RESIDENT UNIT 721 6640 AMBROSIA LN , CARLSBAD CA 92011 RESIDENT UNIT 724 6640 AM BROS lA LN CARLSBAD CA 92011 RESIDENT , UNIT 727 6640 AM BROS lA LN CARLSBAD CA 92011 : RI;SIDENT I UNIT 611 ( •' 6650 AM BROS lA LN CARLSBAD CA 92011 RESIDENT UNIT 614 . 6650 AM BROS lA LN ·CARLSBAD CA 92011 RESIDENT UNIT 617 . 6650 AM BROS lA LN CARLSBAD CA 92011 RESIDENT UNIT 621 6650 AM BROS lA LN CARLSBAD CA 92011 RESIDENT UNIT 624 6650 AMBROSIA LN CARLSBAD CA 92011 RESIDENT UNIT 627 6650 AMBROSIA LN CARLSBAD CA 92011 j [• .... mmel® .lim~!fii!Jito FeedPae xo • ™ p ~end along line fb ~pg~e fPo\3-!JW Qi RESIDENT UNIT 719 6640 AMBROSIA LN CARLSBAD CA 92011 RESIDENT UNIT 722 6640 AMBROSIA LN CARLSBAD CA 92011 RESIDENT UNIT 725 6640 AMBROSIA LN · CARLSBAD CA 92011 RESIDENT . 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Mail all correspondence regarding public notice advertising to: The Coast News P.O. Box 232550 Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; . I ~ over the age of eighteen years, and not a party to or mterested m the above entitled matter. I am principal clerk of the printer of The Coast News, a newspa~er printed and published weekly and which newspaper has been adjudged a newspaper of general circulation for the cities of Carmel Valley, Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, Vista, San Marcos, Escondido, the County of San Dtego and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a printed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: February 17, 2017 certify under penalty of pe:tjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California on this 17th of February 2017. FEB 2 3 2017 CITY OF CARLSBAD CITY CLERK'S OFFICE Space above for County Clerk's Filing Stamp CITY OF CAllLSBAD NOTICE OF PUBUC ~G NOTlCE IS HEREBY GIVEN to you, because your interest may be affected, that the City CoiJ1lcil of the City of Carlsbad will hold a public hearing at the Collllcil Chamber, 1200 Carlsbad Village Drive, Carlsbad, Califor'nia, at 6:00p.m. on Thesday, February 28, 2017, If> consider approval of the certification of an Environmental Impact Report, includiog the approval of Caodidate Findings of Fl)ct and a Mitigation Monitoring aod Reporting Progmm, aod a recommendation of approval of a General Plao Amendment from R-4 to R·S (no chaoge to project unit yield) aod to adjust the boundaries of the open space aod residentiallaod use designations, a Zone Change from One family Residential (R-1) aod Open Space to Residential Density-Multiple (RD·M) and Open Space (OS) and OS Laod Use aod zoning for an adjacent 10 acre site as mitigation laod, a Local Coastal Program Amendm.ent, Vesrlng Tentative Tract Map, Planoed Devel~pment Permit, Site Develop· ment Plao (affordable housing component), Hillside Development Permit aod a Habitat Management Plan permit for the development df a 50.8 acte site for a 123-unit single family detached condominium project and construction of the last remallring· section of Poinsettia Lane ("Reach E"), all located south of Cassia Road, between the existiog western aod eastern segments of Poinsettia Laoe, and east of Ambrosi;> Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Maoagement Zone 2i and more particularly described as: a Portion of the S~uthwest Quarter of the Southwest Quarter of Section 23 and a Portion of the Northwest Quarter of the Northwest Quarter of Section 26, both of To~ship 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Unites States Government Survey thereof Whereas, on February 1, 2017 the City of Carlsbad Planning Commission voted 7·0 to recommend approval for the certification of an Environmental Impact Report, including the approval of Candidate Findiogs of Fact and a Mitigation Monitoring and Reporting Program, and a recommendation of approval of a General Plan Amendment from R-4 to R-8 (no change to project unit yield) and to adjust the boundaries of the open space aod residential land use designations, a Zone Change from One family Residential (R-1) and Open Space to Residential Density-Multiple (RD·M)· and Open Space (OS) aod OS Land Use and zoning for an adjacent 10 acre site as mitigation land, a Local Coastal Program Amendment, Vesting Tentative Tract Ml)p, Planoed Development Permit, Site Develop· ment Plan (affordable housing component), Hillside Deyelopment Permit and a Habitat Management Plan pertDit for the development of a 50.,8 acre site for a 123-unit single family detached condominium project and construction of the last remaining section of Poinsettia Lane ("Reach E"), all located south of Cassia Road, between the existiog western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21. The project is not within the appealable area of the California Coastal Commission. Those persons wishing to speak 9n this proposal are cordially invited to attend the pub· lie hearing. Copies of the staff report will be available on and after Thursday, February 23, 2017. If you have any questions, please contact Teri Delcamp in the Planning Divi· sion at (760) 602-4611 or teri.delcamp@carlsbadca.gov. If you challenge the Environmentai Impact Report, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Carlsbad Tract Map, Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Per- mit and/or Habitat Management Plan Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/SDP 14-15/CDP 14=34/HDP 14'07/HMP 14-04 POINSETTIA 61 FEBRUARY 17, 2017 CITY OF CARLSBAD CITY COUNCIL ! \ ...... J~:, Poinsettia 61 EIR 15-03/GPA 14-06/ ZC 14-04/ LCPA 1~06/ CT 14-10 I PUD 14-12/ SDP14-15/CDP1~/HDP1~7/HMP14-04 NOT 1U SCALE Item #5 March 14, 2017 Page 334 of 334 Teri Delcamp, Principal Planner March 14, 2017 Poinsettia 61 Location Map A M B R O S I A L N MA L L E E S T PO I N S E T T I A L N C A L L I A N D R A R D BLU E O R C H ID LN D O C E N A R D M I M OSA DR F I O N A P L A M A N T E C T FOLLETTE ST OR IO L E C T S KIM MER C T Offsite Mitigation Area A M B R O S I A L N MA L L E E S T P O I N S E T T I A L N CONOSA WY C A L L I A N D R A R D B L U E ORCHID LN AMANTE C T FAIRLEAD AV E L C A M I N O R E A L FOLLETTE ST ORIO LE CT MIMOSA DR M O O R H E N PL SKIMMER CT 0 400 800200 Feet EIR 15-03 / GPA 14-06 / ZC 14-04 / LCPA 14-06 / CT 14-10 / PUD 14-12 / SDP 14-15 / CDP 14-34 / HDP 14-07 / HMP 14-04 Poinsettia 61 Offsite Mitigation Area Project Description •50.8 acre site •Connects Poinsettia Lane •25 acres open space •123 single family condos •15% Inclusionary units –15 accessory dwellings –4 inclusionary credits Cassia Rd Project Site Neighborhood 1 Neighborhood 2 Open Span Bridge Poinsettia Lane Open Space Signalized Intersection Existing Proposed General Plan Amendment •R-4 to R-8 and R-4 to Open Space R-4 OS R-8 OS Permit Entitlements •Vesting Tentative Tract Map •Planned Development Permit •Site Development Plan –Affordable Housing •Coastal Development Permit •Hillside Development Permit •Habitat Management Plan Permit Findings •Complies with General Plan and Zoning •Site adequate in size to accommodate the uses •Compatible with the surrounding future land uses •Site physically suitable for development type/density •No substantial environmental damage per EIR 15-03 •Adequate street system and completes Poinsettia Ln Findings, continued •Site constraints warrant alternative inclusionary units •Conforms to Local Coastal Program policies •Consistent with Habitat Management Plan –Protects riparian area, fully mitigates other habitat impacts •Consistent with Hillside Development Ordinance •Complies with all other applicable requirements View Northwest from end of Poinsettia View Southwest from Poinsettia View East on Poinsettia near Cassia View South along Western Boundary Four Floor Plan Elevations (Sche m e 4 ) (Sche m e 2) (Sch e me 0 ) (Sche m e 1 ) Tuscan M a terial Legend: Spanish Motorial Legend: Conc rete l ow Prome ·s · Tile Stucco Finish wrought Iron Dec orative Ceramic til e Enhanced sms 2x Stucco Finish Trim concrete low Promo ·s· Tile Stucco Finish Stone veneer Shutters Decorative Goble End Detail Enhanced Sills 2x Stucco Finish Trim Elevation 'l A ' -Spanish (sche me 1J Elevation 'l B' -Tuscan !scheme 4l Crortsmon M o teriot legend: Fla t Concrete Tile Rooting Stucco Finish Stano Veneer Enhanced Sills 2x Stucco Finish Trim Cementitous Siding Tuscan Material l egend: Cai\Cfll!C. law PIOfiiO '$' Til6 Stucco Finish Slane Veneer Shull a" Decorative Gable End Detail Cnhanced Sills 2x Stucco Finish Trim Spanish Material Legend: Concrete Low Profile 'S' Tile Stucco Finish Wroughttron Ramee and Juliet1e Balcony Enhanced Silts '2l< Stucco Finish Trim 30'-()" MAX. HEIGHT LIMIT 30'-()" MAX. HEIGHT LIMIT ----PEfi-cliRLs"BAo-BuiLDiNG-HEiGffr-15EFit:iiTToN"zo"NTNGOROiNANCE ---- 21 .04.065 AND 2 1 . 1 0 050 ·BUILDING HEIGHT Elevation '2A'-Spanish (sctteme2l 30'-()" MAX. HEIGHT LIMIT PER CA'iil.S8At5 BUILDING "HEIGHT -DEFlNillON ZONiNG-ORDINANCE -- 2 1 .04.065 AND 2 1 . 1 0 .050 ·BUILDING HEIGHT ------PER "CARi:Se"A(fBuiLOINGHEiG>fr DEFiNITioN ZoNING ORDINANCE- 21 .04.065 AND 2 I . 1 0 .050 ·BUILDING HEIGHT _&. Elevation '2B' -Tuscan (scheme sl Elevation '2C'-Craftsman (scttemesl C raftsman Material l egend: Flat Concrete Tile Roofing Stucco Finish Stone Veneer Enhanced sms 2x Stucco Finish Trim Ccmcntitiou:; Siding Tuscan Material legend: Conc rete Low Profile '5' Tile Stucco Finish Stone veneer Shuttoo Decorative Gable End Detail f:nhnnr"Arl <;ill~ 2x Stucco Finish Trim Spanish Material Legend: Concrete Law Pro file ·s· Tile Stvcco Finish Wrought tron Enhanced Sll s 2x Stucco Finosh Trim 30'.()" MAX. HEIGHT LIMIT 30'.()" MAX. HEIGHT LIMIT -f:>'f:'R-CARCs-EiAo-8uil.oiN'G'Fif:lcH'i'B£i'iNii'iON-Zo-Ni-cORoloiANCE------------ 2 1.04.065 AND 21 .10.050· BUILDING H EIGKT ..£. Elevation '3A' -Spanish (Scheme 3) 30'.()" MAX. H EIGHT LIMIT P ER CARLsBAD BUILDING HEIGHT DEFINITION ZONING ORDINANCE 21 .04.065 AND 2 I • I 0 .050 • BUII.DING HEIGHT -PER CARLSBAD BUILDING HEIGHT DEFINITION ZONING ORDINANCE 21.04.065 AND 2 1. I 0 .050 • BUILDING HEIGHT ..£. Elevation '3B ' -Tuscan (Scheme s> Craltsman Mol erial legend: Rot Concrete Tile Rooting Stucco Finish Stone veneer Enhanced Sills 2x Stucco Finish Trim Cementillous Sidino iuscon Moleliol Legend: Conc:rele Low Profile 'S' Tile Stucco Finish Stone Veneer Shutters Decorative Goble End Delo~ Sponish Moteriot Legend: Concrete low Profile ·s· Tile Stucco Finish Wrought lron Decorative Ceramic tile Enhonced Sills Zl< Stucco Finish Trim 30'-0" M AX. HEIGHT LIM IT 30'-0" MAX. HEIGHT LIMIT ----p-E-R-CAiii:sBA't58uiiiiiN'<'il·fEIGHTDEFiN'iiiciN-ZoNING-0RoiN'mc'E------------------------ 21 .04.065 AND 2 1. 1 0 .050-BUILDING HE IGHT 0 "' Elevation '4A' -Spanish (sch eme 1J 30'-0" MAX. HEIGHT LIMIT C ra ft sman Material Legend: Flat Concrete Tile Roofing St ucco Finish Stone veneer Enhanced Sills Zl< Stucco Finish Trim Enhanced Sills -----PER cARL.sBAo au1L.r5JNG HEaGHT DEFINrTtC;N-zONI G-OROINANCE -----------------------PER-cARCs-eAifsuii..oiN-G HEIGHT oEFINmoN zO-NING ORDINANCE----------------------- 2x Stucco Finish Trim 21 .04.065 AND 21 .10.050 ·BUILDING HEIGHT 2 1.04.065 AND 21 .10.050 ·BUILDING HCIGHT Elevation '48 ' -Tuscan (scheme4l Elevation '4C ' -Craftsman (Scheme7l Plan 4 with Inclusionary ADUs Lot 1 8 Lot 2 7 Final EIR 15-03 •SCH No. 2016031006 •Final EIR Components –Draft EIR –Responses to Comments –Revisions –Errata EIR Process •Notice of Preparation –1/22/16 –2/21/16 (local) –3/1/16 –3/30/16 (State Clearinghouse) •EIR Scoping Meeting: 2/11/16 •Draft EIR Public Review Period: 10/31/16 –12/15/16 •Final EIR: January 2017 Significant, Mitigated Environmental Impacts •Agricultural Resources •Biological Resources •Cultural Resources •Geology/Soils •Hydrology and Water Quality •Land Use and Planning EIR Conclusions Draft EIR Public Review •9 Comment Letters Received •Main Environmental Issues –Biological Resources/HMP Compliance –Traffic/Circulation –Air Quality/Greenhouse Gas Emissions –Noise •Final EIR Section 0.2 Response to Comments Mitigation: Off-Site Veterans Park Mitigation: Off-Site Aviara Park Proposed HMP Presetve Addition - 55 ecres tS:J Add t.onal Potential HMP Buffet ReatomtiOI"' Vegetation Restore C) oev. Developed Enhonco 0 OH, O;sturbed Habitot No ResiOI'Wtaon 0 ORN. Otnemental Plantings 0 SMC. Southefn Mariti~ Chaparlll C) =~isturb.cl Southem Marilime Q =· OJSiurbcd Southem Wlbw EIR Conclusions •No new issues raised requiring recirculation –CEQA Guideline 15088.5 •Responses to Comments and EIR changes –Clarify, amplify or insignificant changes –Adequate EIR •Errata clarifies Wildlife Agencies HMP findings Planning Commission Action •Planning Commission February 1, 2017 •Recommended approval 7 -0 •Made separate motion regarding Poinsettia Lane connection and existing neighborhoods Cassia Rd Intersection of Poinsettia Lane and Skimmer/ Oriole Courts Intersection of Poinsettia Lane and Cassia Road Traffic Solutions •Poinsettia Lane connection raised neighbor concerns –Skimmer Court/Oriole Court intersection –Cassia Road intersection –Bypass traffic through Viadana neighborhood •Traffic improvements for these intersections •Work with neighborhood regarding bypass traffic Settlement and Community Benefit Agreement North County Advocates, City of Carlsbad, Lennar, Friends of the Buena Vista Reservoir, Friends of Aviara, and Preserve Calavera Settlement Agreement North County Advocates, City of Carlsbad & Lennar •Attorney’s Fees and Costs North County Advocates and City of Carlsbad •Settlement of North County Advocates v. City of Carlsbad lawsuit Letter Agreement Poinsettia Lane Trails Former Buena Vista Reservoir Site General Plan Lawsuit Future Veterans Park Aviara Park Habitat Land Veterans Park 91.5 acre park site 51.1 acres 40.4 acres Developable Park Open Space Preserve Not to scale -3.1 acres + 3.1 acres 91.5 acre park site 48 acres 43.5 acres Developable Park Open Space Preserve 34 Not to scale -3.1 acres Veterans Park + 3.1 acres New Park at Buena Vista Reservoir Site Vet eran's Park Veteran's Park 1919 Today Buena Vista Reservoir Site + 5.7 acres Added to the Habitat Management Plan at Aviara Park Vegetation Restore C) CEV, Developed Enhance 0 D-1, Disturbed Habitat No Restoration c:J OON, Ornamental Planttngs C) SMC, Southern Maritirre Olaparal D ~~~·r~isturbed Southern Maritime CJ ~~·Disturbed Southern Wllow FIGURE 11C Aviara Community Park Additional Protected Habitat, Open Space, Trails Poinsettia Lane “Missing Link” Is Built Lawsuit Settled Outcomes Reservoir Property Becomes Park Recommendation That the City Council INTRODUCE an Ordinance approving Zone Change 14-04 and ADOPT a Resolution certifying Environmental Impact Report 15-03 and Errata,including the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program,and approving General Plan Amendment 14-06,Local Coastal Program Amendment 14-06, Vesting Tentative Tract Map 14-10,Planned Development Permit 14-12, Site Development Plan 14-15,Coastal Development Permit 14-34, Hillside Development Permit 14-07 and Habitat Management Plan Permit 14-04 for the development of a 50.8 acre site for a 123-unit single family detached condominium project and construction of the last remaining section of Poinsettia Lane;and ADOPT a Resolution approving a Settlement and Community Benefit Agreement. Street Striping Sections Arterial Connector (today) Major Arterial (1980) Poinsettia Community Carlsbad City Council March 14, 2017 •One of American’s leading homebuilders since 1954 •Fortune 500 Company. Traded on NYSE •#2 in home closings & revenues in the U.S. •Quality, Value & Integrity for over 60 years •San Diego County & Carlsbad since 1998 Bressi Ranch,Casero, San Pacifico •Home(ful) Foundation Lennar Overview •Past Development Applications •Property Foreclosure & Bank Failure (FDIC Ownership) 2003 –The Bridges at Poinsettia –386 Townhomes 2006 –Pontebello Senior Community –428 Homes •Lennar acquires option in Jan. 2014 Site History Site History Carlsbad Fire in 2014 Original Proposal for 140 Homes Revised Proposal for 123 Homes Site History 17 Homes •Met with HOA Groups in 2015 & 2016 (Safety,Traffic,Trail,Noise,Homeless Encampment) •Consultations with Gov’t Agencies on HMP & LCP Compliance (City of Carlsbad, California Coastal Commission, U.S. Fish & Wildlife Service, CA Fish & Wildlife Service) •Community Benefit Discussions with neighborhood groups (NCA, Preserve Calavera, FOA, FOBV & City) Community Input & Engagement Community Benefits •Community Benefit Agreement 3.1 Acre Public Park on Buena Vista Reservoir Site •Open Space Preservation 6 Acres added to City’s Habitat Management Preserve •Poinsettia Lane Extension Including bridge over wildlife corridor •Public Open Space Trails SDG&E Easement Public Park & Off-Site Open Space Poinsettia Road & On -Site Open Space1',·,·1 1 1.'.! • ~~-, ',_r. '_.~\I...~... ... ',' '"I~,· J \·,·/ ...... ',. · • _.'~-~-·, ~ ... -,· -· .~r'· ·'r ·· ,, I'(' '1\''1 i\"''' ' )''\''''c.''''' I J'. -t • • -I·• - -rl >-. • .., •-j •1 -~ ...r, i' --H I-'! .... -.... 4•-~' 4 ""t r ,.., J · '•t r. -< - ' ·-•""' J.,.r_~ 'r ·l' '1 .!• ,r\ .r,~1 'l i~~ .'.l' ~:::::· .11, !1 1 !1 1;' ,r 1 1 r•, · I r ·:· ' t 1 ( I 1'\· ., 'r' .· · 1 / ·, !"_, 1 · '1 (.-., 1 :' ·, 1 · 1 ~ 1 1 ·~ r' ,,. ·, r ( ·, '1 ' ~ r ~· \ !' ) ·r' ·, I-•· f-. -l ~ • --•-•I -•·· i" •· )·• ' 1 1' '1 -... .. -. •· •• I < ~ I·• ·I '-' ·I •• ·I •• ·I ·-<. ,J:1 ,'!\ ,)" 1 l }(\;1\ J{l, 1., ,_-: lJ 11 .;_{ ,J\ •1 1, r}\,1 l• 1!.1 /!.1 ). LENNAR' -·. ,_ ' Missing Reach “E” Cassia cut-through absorbing 3,000 trips per day Poinsettia Lane Extension Bridge over Wildlife Corridor ·- \ • \, DUDIK LENNAR' Trail through SDG&E Easement f;.,,..., .. ,..JUol"'•'\" .,. •• "-'\ .... ~" ., .... d.<l4 ... ,\.U. ~·""'·•"'""'~······~ ~ .. " ... '"' ., .. .,. ....... '· ~ .• , .. ,,,.\'oW,,.,,,~ .. ''""""'''"'"·"''''''·.,...,, ... ,.,..., "' ,.: •" I '!J, •i'IW looi.t .,4 • ,,._,,,,,,. ... •••<· ·" ,, ,; ·""·~'·' .•.. ., ... \.,,\ .. ;,~~:-.>~ .... -., ... .,_ .. , ... r.,.• .... . -·· ~-· ...... ··~·· ... ~.,.. ..... ·~·fl ... .r _... .. .... ... ..,,.,,., .. ~"'·~··~I • .. M..,.··~ .... '(';.- •--··--~--··-~--·-........... ..,. __ .~ .. ~ ..... , ........ ~..,..,... : ..... ,. ... -t ,."'" ... •'~~••·•!-. JGroV"-..,.r---.. •1-.-... ~.~ .. ., .• __....,. ......... ~ ..... , ..... ,.., _,j!Jf'"" ... ,~ ...... t# ... "' ~ rw-~-..:.0\t:~~~'"-:~~ .... ~oof',C.\:I'tl::# LENNAR' . \ '· / \ ·~ .... .... , , .. '· / , i ... / f1ga r•4--<t:: C.xhfng Jlftd ptttt•td "'"""' Rr-u oo lkii'U llt.llo k __ .i:ot~·l t~~:oeu-w ~---··· ...... ....--.. ~ _ .... , •• 'llll•,rt:SI•eU·:s .t '( .. -.. -~, .... _,..., .. , --, f><l~""" ;.w11lvol -l.F..i .. O,l.lrt•···--·;•1 ...... ,, 'Fo"'"~l··~o • ..tTt d -'·'"'"'''('lrt·-····-.......... )1 --(o,l.,<tt '( ·•• '"'"l lfltl l!\11+'•1 l~'•"h'•~! ·- --..: ....... ... ,... ....... ..,,..,. ~111n\l: ·il "t ". --:.::lr.x~d L..:J .-.. :-...... , 'f'· ~ .. •123 State of the Art Single Family Homes (1,745 sqft –2,718 sqft) •Quality Architecture Four Floor Plans with Three Architectural Styles each •Next Gen –the Home within a home •On-site RV Storage •Traffic Signal on Poinsettia Lane 50 foot landscape buffers with trails along Poinsettia •Open Space Preservation & Bridge 272 foot wide wildlife corridor Development Proposal •Energy Efficiency (Solar panels on every home) ® Insert Image Insert Image Development Proposal -Architecture Development Proposal –Community Features1',·,·1 1 1.'.! • ~~-, ',_r. '_.~\I...~... ... ',' '"I~,· J \·,·/ ...... ',. · • _.'~-~-·, ~ ... -,· -· .~r'· ·'r ·· ,, I'(' '1\''1 i\"''' ' )''\''''c.''''' 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IWFLEMEitnr<C ..C.'lehlf'f"" t .llt'TERW$ o'HO<<:II •OlnGii$ LENNAR' _, ,_ CITY OF CARLSI::3AIJ LOCAL COASTAL PROGRA:\'1 1996 •Biologically Superior alternative compared to literal compliance to the HMP & LCP •Concentrates development in previously disturbed area HMP Impacts & Mitigation Farmed Area •6.3 Acres of Habitat Impact •Full Mitigation of the Impacts (Veteran’s Park, Aviara Park) •43% of Impact due to Poinsettia Lane Extension •44 acres of Open Space Preserved for just 20 acres of Development HMP Impacts & Mitigation •6 Net Acres Added to Habitat Management Preserve •7.3 Acres of Habitat Creation/Enhancement