HomeMy WebLinkAbout1995-11-07; City Council; 13380; LAUREL TREE APARTMENTS GPA 96-01 ZC 95-01 LCPA 95-02 LFMP 87-05B SDP 95-01 HDP 95-01MTG. 11/7/95 LAUREL TREE APARTMENTS - GPA 95-01/ZC 95-011
DEPT. PI N ?@ LCPA 95-02/LFMP 8745(B)/SDP 95-01 /HDP 95-01
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TY OF CARLSBAD - AG
AB # /?, cq$c (!!!LE: DEP'
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 95 -3 / 7 , APPROVING the Mii
Negative Declaration, GPA SS-Ol/LCPA 95-02/LFMP 87-05(B)/SDP 95-Ol/HDP 95-1
INTRODUCE Ordinance No. ,VS-.?&?Q , APPROVING ZC 95-01.
ITEM EXPLANATION
On September 20, 1995, the Planning Commission conducted a public hearin
recommended approval (5-2; Erwin, Monroy) of the Laurel Tree Apartment project,
is located at the northeast corner of the future Alga Road/Cobblestone
intersection, in Local Facilities Management Plan Zone 5. In approving the proje
Planning Commission made only one minor modification to Finding No. 2.c. of PI:
. Commission Resolution No, 3815 as shown in strikeout/redline format below.
c. Noise - The project is located adjacent to future Alga Road and within
dB(A) CNEL noise contour for McClellan Palomar Airport. Accordingly, con
with Noise Element Policy C.6, an Acoustical Analysis Report ((
Environmental and Energy Services Co., 4/14/95) has been prepared f
project. Consistent with Noise Element Policy (2.5, the exterior and interioi
levels for all residential units should be mitigated te46-c-
following measures will be incorporated into the project:
1) a 6 foot tall sound wall constructed along the top of the Alga Road fill
2) mechanical ventilation and a closed window condition for the majority
units located adjacent to Alga Road; and
3) the recordation of a notice that the property is subject to overflight, sig sound from aircraft operating from Palomar Airport.
This project was also heard before and recommended for approval by the Hc
Commission on October 12, 1995.
The Laurel Tree Apartment project is being proposed by the Metropolitan Area Ad
Committee (MAAC), a non-profit housing developer. The project will includ
apartment units which will be affordable to lower income households and asso
community and recreational facilities. This "combined affordable housing proj,
targeted to satisfy the inclusionary housing obligations of the Kaka Poinsettia !
Plan and the Mariners Point residential project. Implementation of this proposed F
shall require the redesignation and rezoning of the project site from an office us
high density residential use. All required findings can be made to support the pro1
land use change and the project complies with all applicable plans, ordinance
policies.
Planning Commission.
More detailed information is included in the attached staff report
e 0 PAGE 2 OF AGENDA BILL NO. -0
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ENVIRONMENTAL REVIEW
The Planning Commission has determined that the project could have a significanl
on the environment, however, there would not be a significant effect in this case
the mitigation measures described in Planning Commission Resolution No. 381 (
been added as conditions of approval to this project, This decision was bas
public testimony, findings of the Environmental Impact Assessment Form Pal
Biological Survey, an Acoustical Analysis, a Soils and Geotechnical I nvestigai
Cultural Resources Survey, a Preliminary Drainage Study and a site survey by s'
FISCAL IMPACT
The Carlsbad City Council previously committed to allocate $500,000 to this F
pending it's approval. Otherwise, no other fiscal impacts will result from the ap
this project.
GROWTH MANAGEMENT STATUS
Facilities Zone 5
Local Facilities Management Plan 5
Growth Control Point 19 DUIACRE
Net Density 15.31 DU/ACRE
Special Facilities Construct Alga Roac
EXHIBITS
1.
2.
3. Location Map
4.
5.
6.
City Council Resolution No. ? 5 3i'F
Ordinance No. NE -3& (ZC 95-01)
Planning Commission Resolution Nos. 3810, 381 1, 3812, 3813, 3814, 381
381 6
Planning Commission Staff Report, dated September 20, 1995
Excerpt of Planning Commission Minutes, dated September 20, 1995.
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RESOLUTION NO. 9 5 - 3 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A
MITIGATED NEGATIVE DECLARATION, GENERAL
PLAN AMENDMENT, LOCAL COASTAL PROGRAM MENDMEN", LOCAL FACILITIES MANAGEMENT PLAN
AMENDMENT, SITE DEVELOPMENT PLAN, AND
HILLSIDE DEVELOPMENT PERMIT FOR A 138 UNIT
APARTMENT PROJECT ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF THE ALGA
ROAD/COBBLESTONE ROAD INTERSECTION IN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 5.
CASE NAME: LAUREL TREE APARTMENTS
CASE NO: GPA 95-01/LCPA 95-02/.
LFMP 87-05(B)/SDP 95-01/HDP 95-01
WHEREAS, verified applications for a General Plan Amendment,
Coastal Program Amendment, Local Facilities Management Plan Amendmen
Development Plan, and Hillside Development Permit for certain property to wit:
Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad,
County of San Diego, State of California, filed May 5, 1989 as
File No. 89-23967 of Official Records;
has been filed with the City of Carlsbad and referred to the Planning Commissio
WHEREAS, the Planning Commission did on September 20, 1995,
duly noticed public hearing as prescribed by law to consider said applications for a (
Plan Amendment (GPA 95-01), Local Coastal Program Amendment (LCPA 95-02,
Facilities Management Plan Amendment (LFMP 87-05 (B)), Site Development Pla
95-01), and Hillside Development Permit (HDP 95-01); and
WHEREAS, the Planning Commission did on September 20, 19s
hearing and considering all the evidence and testimony of all people desiring to bc
adopt Planning Commission Resolution Nos. 3810 recommending approval
Mitigated Negative Declaration and Planning Commission Resolution Nos. 381
3814, 3815, and 3816 recommending approval of a General Plan Amendmen
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Coastal Program Amendment, Local Facilities Management Plan Amendment
Development Plan, and Hillside Development Permit; and
WHEREAS, on the - day of , 1995, the City Council
City of Carlsbad held a duly noticed public hearing as prescribed by law to consid
Commission’s recommendations and all evidence, testimony, and argument of
persons present and desiring to be heard and approved the Mitigated Nt
Declaration, General Plan Amendment, Local Coastal Program Amendment,
Facilities Management Plan Amendment, Site Development Plan, and E
Development Permit; and
WHEREAS, a Mitigated Negative Declaration was issued on July :
and submitted to the State Clearinghouse for a 30 day review period. All con
received from that review period are fully incorporated into the conditions of apprc
the site development plan and other project approvals and these conditions j
reviewed through a monitoring program set up for the project.
WHEREAS, the findings and conditions of the Planning Comr
Resolution Nos. 3810,3811,3813,3814, 3815 and 3816 approving the Mitigated Nl
Declaration, General Plan Amendment, Local Coastal Program Amendment,
Facilities Management Plan Amendment, Site Development Plan, and I
Development Permit constitute the findings and conditions of the City Council; a
WHEREAS, the City Council on the day of
approved a Mitigated Negative Declaration in compliance with the City of C
Environmental Protection Ordinance and the California Environmental Quality L
NOW, THEREFORE, BE IT RESOLVED by the City Council oft
of Carlsbad, California, as follows:
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1.
2.
That the above recitations are true and correct.
That the Mitigated Negative Declaration is approved and th
findings and conclitions of the Planning Commission contained in Resolution No. 38
file with the Ciiy Clerk and incorporated herein by reference, are the finding
conditions of the City Council.
3. That the General Plan Amendment, GPA 95-01 is approved a:
the findings and conditions of the Planning Commission contained in Resolution No
on file with the City Clerk and incorporated herein by reference, are the findin
conditions of the City Council.
4. That the Local Coastal Program Amendment, LCPA 95
approved and th(at the findings and conditions of the Planning Commission contaj
Resolution No. 3813, on file with the City Clerk and incorporated herein by referen
the findings and conditions of the City Council.
5. That the Site Development Plan, SDP 95-01 is approved and t
findings and conditions of the Planning Commission contained in Resolution No. 31
file with the City Clerk and incorporated herein by reference, are the findin
conditions of the City Council.
6. That the Hillside Development Permit, HDP 95-01 is approv
that the findings and conditions of the Planning Commission contained in Resoluti
3816, on file with the City Clerk and incorporated herein by reference, are the findii
conditions of the: City Council.
7. That the Local Facilities Management Plan Amendment, LF
05(B) is approved and that the findings and conditions of the Planning Commissi
contained in Res;olution No. 3814, on file with the City Clerk and incorporated he
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reference, are the findings and conditions of the City Council.
8. That the City Council adopts and incorporates Planning Comm
Resolution Nos. 3810, 3811, 3813, 3814, 3815 and 3816 approving the Laurel
Apartment Project Mitigated Negative Declaration, General Plan Amendment (GI
Ol), Local Coastal Program Amendment (LCPA 95-02), Local Facilities Managemer
Amendment (LFMP 87-05(B)), Site Development Plan (SDP 95-01) and H
Development Permit (HDP 95-01).
a) Independent Judgment: The City Council finds that the Mil
Negative Declaration reflects the City Council's independent judgment.
b) Location and Custodian of Record of Proceedings. Pursuant to
Resources Code Section 21081.6(d), all the materials that constitute the adminis
record in this proceeding are in the custody of and can be found in the offices of tl
Clerk and the Director of Planning in the City of Carlsbad. The administrative
includes, but is not limited to: the Mitigated Negative Declaration and all
comments thereon received during the public review period and responses thereto, i
proceedings of the Planning Commission and the City Council thereon."
9. This action is final the date this resolution is adopted by t€
Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Lir
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision
must be sought is governed by Code of Civil Procedure,
Section 1094.6, which has been made applicable in the City of
Carlsbad Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the appropriate
court not later than the ninetieth day following the date on
which this decision becomes final; however, if within ten days
after the decision becomes final a request for the record of
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the proceedings accompanied by the required deposit in an
amount sufficient to cover the estimated cost of preparation
of such record, the time within which such petition may be
following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if
record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California 92008 .I1
EFFECTIVE DATE: This resolution shall be effective upon its a
except as to the General Plan Amendment, which shall be effective (30) days fc
its adoption.
filed in court is extended to 'not later than the thirtieth day
he has one, A written request for the preparation of the
PASSED, APPROVED AND ADOPTED at a regular meeting of
Council of the City of Carlsbad, California, on the 7th day of NOVEMBER
by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
Council Members Lewis, Nygaard, Kulchin, Finnila,
ATTEST:
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w e
ORDINANCE NO. NS-326
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF
THE CARLSBAD MUNICIPAL CODE BY AN
AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 95-01 FROM 0 TO RD-M-Q ON
PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE ALGA
ROAD/COBBLESTONE ROAD INTERSECTION, IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME LAUREL TREE APARTMENTS
CASE NO: ZC 95-01
The City Council of the City of Carlsbad, California does ordain
SECTION I: That Title 21 of the Carlsbad Municipal Code is a
the amendment of the zoning map as shown on the map marked "Exhibit
attached hereto and made a part hereof.
SECTION 11: That the findings and conditions of the Planning C
as set forth in Planning Commission Resolution No. 3812 constitutes the fi
conditions of the City Council.
SECTION 111: The Council further finds that this action is consist(
General Plan and the Housing Element of the General Plan in that it provides
housing to lower income households.
EFFECTIVE DATE This ordinance shall be effective thirty da
adoption, and the City Clerk shall certify to the adoption of this ordinance and
be published at least once in a newspaper of general circulation in the City c
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of th
City Council on the 7th day of NOVEMBER , 1995, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City Cou
, 1995, by the following vote, City of Carlsbad on the day of
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATT'EST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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PROPOSED RD-M-Q
LAUREL TREE APARTMENTS
ZC 95-01
E X H I B I1 0 Q
LAUREL TREE APARTMENTS
GPA 95-01 /ZC 95-01 /LCPA 95-02/
LFMP 87-05(B)/SDP 95-01 /HDP 95-01
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0 0 EXHll
PLANNING COMMISSION RESOLUTION NO. 3810
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA
RECOMMENDING APPROVAL OF A MITIGATED
NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR A
GENERAL PLAN AMENDMENT, ZONE CHANGE,
LOCAL COASTAL PROGRAM AMENDMENT, LOCAL
FACILITIES MANAGEMENT PLAN AMENDMENT, SITE
DEVELOPMENT PLAN AND HILLSIDE DEVELOPMENT
PERMIT TO ALLOW THE DEVELOPMENT OF A 138
DWELLING UNIT APARTMENT PROJECT ON
NORTHEAST CORNER OF THE ALGA
ROAD/COBBLESTONE ROAD INTERSECTION, IN
LOCAL FACILITIES MANAGEMENT PLAN ZONE 5.
CASE NAME: LAUREL TREE APARTMENTS
PROPERTY GENERALLY LOCATED AT THE
CASE NO: GPA 95-01/ZC 95-01/LCPA 95-021
LFMP 87-05(B)/SDP 95-01/HDP 95-01
WHEREAS, the Planning Commission did on the 20th day of St
1995, hold a duly noticed public hearing as prescribed by law to consider said rec
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, examining the initial study, analyzing the information submitted by
considering any written comments received, the Planning Commission considered I
relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the
Commission hereby recommends APPROVAL of the Mitigated
Declaration and Mitigation Monitoring and Reporting Program acc
Exhibit "MND", dated July 7, 1995, and "PII", dated June 30, 1995,
hereto and made a part hereof, based on the following findings:
Findings:
1. The initial study shows that this project could have a significant effec
environment, however, there will not be a significant effect in this case bel
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mitigation measures identified in the initial study have been added as COI
approval for this project.
The streets, as conditioned to be improved by this project, are adequate
handle traffic generated by the proposed project.
Sensitive resources, which are located onsite or located so as to be si{ impacted by this project, will be adequately mitigated.
2.
3.
4. The Planning Commission of the City of Carlsbad has reviewed, anal
considered Mitigated Negative Declaration (GPA95-01/ZC 95-01LCPA 95-
87-05 (B)/SDP 95-01/HDP 95-01), the environmental impacts therein idei
this project and said comments thereon, and the Mitigation Monk
Reporting Program, prior to recommending approval of the project. Bas
EM Part-I1 and comments thereon, the Planning Commission finds that t
substantial evidence the project will have a significant effect on the environ
hereby recommends approval of the Mitigated Negative Declaration.
The Planning Commission does hereby find that the Mitigated Negative DI
Mitigation Monitoring and Reporting Program have been prepared in ac
with requirements of the California Environmental Quality Act, the State G
and the Environmental Protection Procedures of the City of Carlsbad.
The Planning Commission finds that the Mitigated Negative Declaration 1
01/ZC 95-01LCPA 95-02LFMP 87-05(B)/SDP 95-01/HDP 95-01) rel
independent judgment of the Planning Commission of the City of Carlsbi
5.
(GPA 95-01/ZC 95-01/LCPA 95-02LFMP 87-05(B)/SDP 95-01/HDP 9:
6.
Conditions:
1. This project shall comply with all conditions and mitigation measures \
required as part of the approved (Mitigated Negative Declaration and R
Monitoring and Reporting Program, Site Development Plan, Gene
Amendment, Zone Change, Local Coastal Program Amendment, Local
Management Plan Amendment, and Hillside Development Permit), as co~
Planning Commission Resolution No(s) 3810,3811,3812,3813, 3814, 381
To offset the conversion of prime agricultural land to urban land uses
requirements of the Mello I1 LocaU Coastal Program (LCP), the applic
less than $5,000 nor more than $10,000 for each net converted acre. The a
the fee shall be determined prior to the issuance of grading permits and
consistent with the provisions of Carlsbad’s LCP.
Prior to the issuance of building permits, the applicant shall establish a I
notify, to the satisfaction of the Planning Director and City Attorney, a1
users or tenants of this project that this area is subject to dust, pesticides :
associated with adjacent agricultural operations, and that the owners, I
2.
provide payment of an agricultural mitigation fee, the amount of which shi
3.
’ PC RES0 NO. 3810 -2-
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tenants occupy this area at their own risk.
All project grading and site preparation shall comply with the recommen the Preliminary Soils and Geotechnical Investigation far the project, pr San Diego Soils Engineering, dated August, 1985 and any subsequent am on file in the Planning Department.
Compliance with APCD Rules 51 (The “Nuisance” Rule,), 52 (Particulatt
and 54 (Dust and Fumes) of the Air Quality Chapter will effectively mitj
impacts associated with project grading operations. A note shall be plac
grading permit stipulating that the following measures shall be required 1
compliance with these rules, and reduce construction-related air pollutan
a. The watering of all surfaces being graded and haul routes shall ba
during dry weather conditions.
All unpaved areas shall be revegetated according to approved landsc
as soon as possible aFter grading.
All construction-related traffic shall be restricted to routes that
controlled, and reduced speeds shall be maintained for all 1
construction vehicles.
All construction activities shall be limited during periods of high \
All heavy-duty, diesel-powered construction equipment shall be
according to manufacturers suggested operating instructions (with
injection timing retarded to recommended levels for NOx emiss
which would not result in excessive visible smoke emissions) in
control pollutant emissions.
4.
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b.
C.
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f. Construction equipment shall be subject to regularly s
maintenancdtune-ups, and be turned off when not being utilized
excessive idling emissions.
The application of architectural coating and cut-back asphalt shall
APCD Rules 67.0 and 67.7, to effectively control other constructia
emissions of air pollutants.
The Engineering Department shall monitor for compliance during ai
operations of the project.
g.
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6. The project applicant shall obtain and distribute to tenants annual informal
Caltrans and North County Transit regarding the availability o
transportation, ride-sharing , and transportation pooling services in the a
information shall also be provided in the rental office of this project.
Prior to approval of a grading permit, a detailed soils testing and analys
PC RES0 NO. 3810 -3-
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Department and County Health Department for review and approval. ’I
shall identify a range of possible mitigation measures to remediate any 1
significant public health impacts if hazardous pesticides or other chei
detected at high concentrations in the soil.
8. All project runoff shall conform with the National Pollution Disch
Elimination System Permit requirements, pursuant to San Diego Regioi
Quality Control Board Order No., 90-42, adopted by City Council Resol
90-235. The applicant shall provide best management practices to reduc
pollutants to an acceptable level prior to discharge to Encinas Creek
sensitive areas. Plans for such improvements shall be approved by the CitJ
prior to the issuance of grading permits. Drainage water from building
parking lots and landscaped areas shall be disposed of through storm
otherwise in a manner that will avoid any runoff onto agricultural area
\ planted or fallow.
9. Prior to the issuance of a building permit, the project shall comply with t
Carlsbad’s standards for solid waste management.
Prior to the approval of a grading permit, the developer shall provide an ir
offer of dedication to the City of Carlsbad for a trail easement (20’ wide)
Segment #30, shown on the Site Development Plan.
.82 acres of Coastal Sage Scrub (CSS) habitat will be directly impacte
project. One pair of California gnatcatchers (Polioptila californica) was
on the property using this CSS. The impacted CSS habitat is regardel
quality. Pursuant to the Interim Take provisions of the 4d Rule for the (
gnatcatchers, the project shall be required to mitigate this take of <
California gnatcatchers and .82 acres of CSS by acquiring for pre
comparable quality habitat at a 2:l ration. The applicants proposal to mit
impact by purchasing for preservation 1.64 acres of CSS habitat within
quality, coastal sage scrub area found in the Carlsbad Highlands mitigal
shall require the approval of the U.S. Fish and Wildlife Service (USn
California Department of Fish and Game, and the City of Carlsbad. Prj
issuance of grading permits, the project applicant shall be required to COI
and obtain necessary “take” permits from the USFWS, the California De
of Fish and Game and the City of Carlsbad for impacts to the pair of (
gnatcatchers and the .82 acres of CSS.
Implementation of this project shall require the construction of Alga Road
project site to Palomar Airport road to the north. The alignment of Alga
it crosses Encinas Creek, would impact 870 square feet of riparian v(
Mitigation for this impact will require the replacement of this riparian v
at a 3:l ratio (2,610 square feet). Prior to the issuance of grading per
project applicant shall be required to: consult with the CDFG, and the U.S.
Wildlife Service regarding specific mitigation for impacts to 870 squal
riparian vegetation. The project applicant shall be required to implt
PC RES0 NO. 3810 -4-
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biological mitigation measures imposed by the respective wildlife agenciei
The construction of Alga Road across Encinas Creek will require a 1603
Alteration Permit from the California Department of Fish and Game (C1
a 404 Permit from the U.S. Army Corps of Engineers (ACOE). Develo
prior to issuance of a grading permit, provide proof satisfactory to the
Director of such permits or exemption therefrom.
Prior to the issuance of building permits for this project, the project appli
be required to submit a supplemental acoustical analysis which identifit
mitigation measures to reduce interior noise levels to less than 45 dBA C
13.
14.
15. Prior to the occupancy of any of the dwelling units, the developer shall cc
minimum 6 foot tall noise barrier(wal1) along the top of the fill slope
eastern side of Alga Road, consistent with the recommendations of the P
Analysis Report (Ogden Environmental and Energy Services, April 14,199
project. The wall shall be designed with pilasters, offset with tree H
landscaped to provide visual screening of the wall as viewed from the road
landscaping and design of this wall shall be included on the landscape pla
project, and shall require the review and approval of the Planning Direct
Prior to the issuance of building permits, the developer shall prepare and
Notice that this property is subject to overflight, sight, and sound of aircraft
from Palomar Airport in a form meeting the approval of the Planning Dir
the City Attorney.
Prior to the issuance of building permits, the Developer shall prepare and notice that this property may be subject to noise impacts from the propc
Road Transportation Corridor in a form meeting the approval of the
Director and the City Attorney.
The project shall comply with all conditions and mitigation required by t€
Local Facilities Management Plan, approved by the City Council on Augus
incorporated herein and on file in the Planning Department and an:
amendments to the Plan made prior to the issuance of building permits.
Prior to hauling dirt or construction materials to or from any construi
within this project, the applicant shall submit to and receive approval fron
Engineer for the proposed haul route. The applicant shall comply with all cc
and requirements the City Engineer may impose with regards to the
operation. If the source of imported dirt is within the limits of the City oft
a grading permit will be required for the import site.
Plans, specifications and supporting documents for all street and trafl
improvements shall be prepared to the satisfaction of the City Engineer. Pr
issuance of grading permit or building permit, whichever occurs first, the
shall install, or agree to install and secure with appropriate security as prc
law, the following improvements:
PC RES0 NO. 3810 -5-
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21
22
23
24
25
26
27
28
0 0
a. full width grading of Alga Road from Palomar Airport Road to Ca
Road;
full width grading of “A Street along the project frontage;
one-half street improvements for Alga Road from the projects
appropriate transition to facilitate access to the Sudan Interior Mis
Alga Road;
one-half street plus 12 foot improvements for “A Street along tl
frontage;
future Improvement Agreement for Cobblestone Road;
upgrade of the existing trafTc signal at the Alga RoadPalomar Aiq
intersection; and
g. two lanes plus improvements to Alga Road from Palomar Airport Rc
Street.
Prior to the issuance of building permit, the Developer shall submit evidei
Planning Director that impacts to school facilities have been miti
conformance with the City’s Growth Management Plan to the extent per
applicable state law. If the mitigation involves a financing scheme such as
Roos Community Facilities District which is inconsistent with the City’
Management Plan including City Council Policy Statement No. 38, the 1
shall disclose to future owners in the project., to the maximum extent pos
existence of the tax and that the school district is the taxing agency respoi
the financing district.
b.
c. property online to the existing Sudan Interior Misdon driveway
d.
e.
f.
21,
22. Pal eon tology:
a. prior to any grading of the Project site, a paleontologist shall be re
perform a walkover survey of the site and to review the grading
determine if the proposed grading will impact fossil resources. A cc
paleontologist’s report shall be provided to the Planning Director
issuance of a grading permit;
a qualified paleontologist shall be retained to perform periodic inspt
the side and to salvage exposed fossils. Due to the small nature of so1
fossils present in the geologic strata, it may be necessary to colla
samples for laboratory processing through fine screens. The palea
shall make periodic reports to the Planning Director during the
process;
the paleontologist shall be allowed to divert or direct grading in th
b.
c.
PC RES0 NO. 3810 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
0 1)
shall make periodic reports to the Planning Director during tl
process;
the paleontologist shall be allowed to divert or direct grading in 1
an exposed fossil in order to facilitate evaluation and, if necessa
artifacts;
all fossils collected shall be donated to a public, non-profit instil
a research interest in the materials, such as the San Diego Natui
Museum;
any conflicts regarding the role of the paleontologist and th
activities of the project shall be resolved by the Planning Directo
Engineer.
PASSED, APPROVED, AND ADOPTED at a regular meetj
Planning Commission of the City of Carlsbad, California, held on the 20
September, 1995, by the following vote, to wit:
C.
d.
e.
AYES: Chairperson Welshons, Commissioners Savary, Nobl
and Cornpas.
NOES: Commissioners Erwin and Monroy.
ABSENT: None
ABSTAIN: None
KIM %LSHONS, Chairpersol CARLSBAD PLANNING COM
ATTEST:
0 0
MITIGATED NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: South of Palomar Airport Road at the northeast comer of
future Alga Road and Cobblestone Road intersection.
PROJECT DESCRIPTION: This project consists of: (1) a Site Development Plan and Hill
Development Permit to construct 138 apartment dwelling units (ir
two-story buildings), associated driveways and parking areas, recrea
ball court, two tot lots, and a social service/leasing office and day
center, (2) grading to include 12,500 cubic yards of cut and 188,965 c
yards of fill (including 99,150 cubic yards for Alga Road); (3) full w
grading for Alga Road along the project's frontage; (4) half street fron
improvements to Alga Road; (5) off-site construction (two lanes and
utilities) of Alga Road from the project site to Palomar Airport Roac
a General Plan Amendment from Office and Related Commercial (C
Residential High (RH-15-23 du/ac); (7) a Zone Change from Office
to Residential Density Multiple Zone with a Qualified Developn
Overlay (RDM-Q; (8) an amendment to the Mello I1 segmen
Carlsbad's bcai Coastal Program; and (9) an amendment to the 20
Lcal Facilities Management Plan.
The City of Carlsbad has conducted an environmental review of the above described project pursuu
the Guidelines for Implementation of the California Environmental Quality Act and the Environme
Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Ne9
Declaration (declaration that the project will not have a significant impact on the environment) is he
issued for the subject project. Justification for this action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the Plani
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are inv
Please submit comments in writing to the Planning Department within 30 days of date of issuance. If
have any questions, please call Chris DeCerbo in the Planning Department at (619) 438- 1 16 1 , exten
4445.
facilities to include a town square, day-care playground, multi-purl
DATED: JULY 7, 1995 MICH A/+ J. HOLZ~M~~LER P+ CASE NO: GPA 95-01 /ZC 95-01/LCPA 95-02/ Planning Director
CASE NAVE LAUREL TREE APARTMENTS
LFMP 87-05(B)/SDP 95-01/HDP 95-01
PUBLISH DATE: JULY 7,1995
CDxd
2075 Las Palmas Drive Carlsbad, California 92009-1 576 (61 9) 438-1 1
0 0
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO.
DATE: June 30. 1995
GPA 95-01/ZC 95-01LCPA 95-02LFMP 87-05BYSDP 95-01ff
BACKGROUND
1. CASE NAME: Laurel Tree A~artm ents
2, APPLICANT: MAAC Project
3. ADDRESS AND PHONE NUMBER OF APPLICANT 140 West 16th Street
National City. CA 91950
(619) 474-2232
4. DATE EIA FORM PART I SUBMITTED: ADd 11, 1995
5. PROJECT DESCRIPTION: ‘Ibis Droiect consists of: (1) a Site DeveloDment Plan and Hillside
Permit to construct 138 aDamnent dwelling units Cm 23 two-stor~ buildings). associated driveways and
recreation facilities to include a town sauare. day-care davmxd. rnulti-Dumme ball court. two tot-lo
servicefleasing office and day care center at the, northeast comer of the future Alga Road/Cob
intersection. (2) PradinP to include. 12.500 cubic yards of cut and 188.965 cubic yards of fill (includin
yards for Alga Road. (3) full width gradinp for Alga Road alone the Dmiect’s frontage (4) half immovements to Alga Road. (5) &-site construction hm4anes and full utilities) of Alga Road frc
site to Palomar Aimrt Road. (6) a General Plan Amendment from Office and Related Corn
Residential High (RH-15-23 dulacre). Ul a Zone Change from Office (0) to Residential Density Multi
a Qualified Develoument Overlay (RD M-0). (8) an amendment to the Mello I1 segment of Carlsbad’s
Pro~rarn. and (9) an amendment to the Zone 5 Local Facilities Management Plan.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFEC’ED:
The summary of environmental factors checked below would be potentially affected by this project,
least one impact that is a “Potentially Si@icant Impact”, or “Potentially Significant Impact Unles
Incorporated” as indicated by the checklist on the following pages.
- X LandUseandPlanning - Transportation/Circulation - Public Services
- Population and Housing - X Biological Resources - Utilities and Servia
- X Geological Problems - Energy and Mineral Resoutces - Aesthetics
- X Water - XHaZards - Cultural Resources
- X Air Quality - X Noise - Recreation
- Mandatory Fmdings of Significance
1 Rev. 3/2:
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DETERMINATION.
(To be completed by the Lead Agency).
On the basis of this initial evaluation:
I fmd that the propied project COULD NOT have a significant effect on the environment, and a NEGl
DECLARATION will be prepared.
I fmd that although the proposed project could have a significant effect on the environment, there will IN
significant effect in this case because the mitigation measures described on an attached sheet have been ad&
project. A NEGATIVE DECLARATION will be prepared,
I find that the propxed project MAY have a signifhnt effect on the environment, and an ENVIRONME
IMPACT REPORT is required.
I find that the proposed project MAY have significant effect(s) on the environment, but at least one potc
significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standar
2) has been addressed by mitigation measures based on the earlier analysis as descriM on attached sheel
ENVIRONMENTAL IMPACT REPORT/MITIGATED NEGATIVE DECLARATION is required, but it must i
only the effects that remain to be addressed
I find that although the proposed project dd have a significant effect on the environment, there WILL NC
significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an
EIWTIGATED NEGATIVE DECLARATION pursuant to applicable standards and @) have been avo
measures that are imposed upon the proposed project Therefore, a Notice of Prior Compliance has been pre]
mitigated pursuant to that earlier EIFZ/MITXGATED NEGATIVE DECLARATION, including revisions or mil
6-39-95
Planner Signature Date
ljj,U&&/&& 42 /30/q&-
Planning Director S@hurc 3 Date I I
CDDIb
2 Rev. 3fl
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ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an EnvitOna
Ament to determine if a project may have a significant effect on the environment. The Environrr
Ament appears in the following pages in the form of a checklist This checklist identifies any physical, t
human factots that might be impacted by the pro& project and provides the City with information to use a!
deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previa
EIR or Negative Declaration.
0 A brief explanation is required for all answers except 'No Impact" answers that are adequately sui
information source cited in the parentheses following each question. A "No Impact" answer is adequat
if the referenced information sources show that the impact simply does not apply to projects like the
A 'No Impact" answer should be explained when there is no source document to refer to, or it is bas
specific factors as well as general standards
0 'Less 'Ihan Significant Impact" applies where there is supporting evidence that the potential impact is
'Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
reduced an effect from "Potentially Significant Impact" to a 'less Than Sigmiicant Impact." The dc
agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how tl
effect to a less than significant level.
'Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is signific
significant, and the impact does not exceed adopted general standards and policies
e
b
e Based on an "EIA-Part 11", if a proposed project could have a potentially Significant effect on the em - all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigi
Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that
Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon
project, and none of the circwnsbnces requiring a supplement to or supplemental EIR are presei
mitigation measures required by the prior environmental document have been incorporated into this pi
additional environmental document is required (Prior Compliance).
When 'Potentially Significant Impact" is checked the project is not necessarily required to prepare e
signifcant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and
be mitigated, or a "Statement of Ovemding ConsiderationsH has been made pursuant to that earlier E
0 A Negative Declaration may be prepared if the City perceives no substantial evidence that the projec
If there are one or more potentially significant effects, the City may avoid preparing an EIR if there
aspects may cau~ a significant effect on the environment.
e
measures to clearly reduce impacts to less than significant, and thase mitigation measures are agr
developer prior to public review. In this case, the appropriate Totentially Significant Impact Unlr
Incorporated" may be checked and a Mitigated Negative Declaration may be prepared
An EIR & be prepared if 'Potentially Sigmiicant Impact" is checked, and including but not limited tc
circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier
to applicable standards, and the developer does not agree to mitigation measures that reduce the impa
3 Rev. 3r
0 0
significant; (2) a "Statement of Ovemding Considerations" for the significant impact has not been mad
an earlier EIR; (3) proposed mitigation measutes do not reduce the impact to less than significant, 01
the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adve de&- the effavew of a dtigativn m- b reducing a potentially sipficant effect to belt
significa ne.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under g
OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for i~
would otherwise be determined significant.
4 Rev. 3
0 0
IsNg (and suppating Informath sources): Potentially
Significant
Potentially Unles L.essThan
Significant Mitigation Sigmficant
CmPaCt -rpora@d Impact
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning? X (source #(s): 1 - - -
b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project?
( 1 - - -
Be incompatible with existing land use in the vicinity? X ( 1 - - -
d) Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible X land uses)? ( 1 - -
Disrupt or divide the physical arrangement of an
established community (including a low-income or
c)
-
e)
minority community)? ( 1 - - -
11. POPULATION AND HOUSING. Would the propod:
a) Cumulatively exceed official regional or local
population projections? ( 1 - - _I
b) Induce substantial g~owth in an area either directly or
indirectly (e.g. through projects in an undeveloped area X or extension of major infrastructure)? ( ) - - -
housing? ( 1 - - - c) Displace existing housing, especially affordable
III. GEOLOGIC PROBLEMS. Would the proposal result in or
expose people to potential impacts involving:
X
X
a) Fault rupture? ( ) - - -
b) Seismic ground shaking? ( ) - - -
c) Seismic ground failure, including liquefaction? ( ) - - X -
d) Seiche, tsunami, or volcanic hazard? ( ) - - _.
e) Landslides or mudflows? ( ) - - - X
5 Rev. 31
0 a
hes (and supparbhe Information sourcg): Potentially
Significant
Potentially Unless LessThan
Significant Mitigation Significant
Impact lacorPorated Impact
conditions from excavation, grading, or fill? ( ) - - -
g) Subsidence of the land? ( ) - - -
h) Expansive soils? ( ) _. -
i) Unique geologic or physical feaaues? ( ) - - -
f) Erosion, changes in topography or unstable soil
X
X
- X
IV. WATER Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff? ( ) - - -
b) Exgosure of people or property to water related hazards
suchasflooding? ( ) - - -
X
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved - X oxygen or turbidity)? ( ) _. -
body?( 1 - - -
e) Changes in currents, or the course or direction of water
movements? ( ) - - -
Change in the quantity of ground waters, either through
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations or through
d) Changes in the amount of surface water in any water X
X
f)
X
X
X
substantial loss of groundwater recharge capability? ( ) - - -
g) Altered direction or rate of flow of groundwater? ( ) - - -
h) Impacts to groundwater quality? ( ) ._ - -
otherwise available for public water supplies? ( ) - - - i) Substantial reduction in the amount of groundwater X
V. AIR QUALITY. Would the proposal:
a) Violate any air quality sbndard or contribute to an
existing or projected air quality violation? ( ) - - _. X
6 Rev. 31
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hes (and supporting information saurceo): Potmially
Potentially UIlkSS LessThan
Significant Mitigation Significant
Impact Lncorporad Impact
sigluflcant
b) Expose sensitive receptors to pollutants? ( ) - - _.
any change in climate? ( ) _. - -
d) Create objectionable odors? ( ) - - -
c) Alter air movement, moisture, or temperature, or caw
VI. TRANSPORTATION/CIRCULATION. Would the proposal
result in:
x a) Increased vehicle trips or uaffic congestion? ( ) - - -
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? ( ) - - -
c) Inadequate emergency access or access to nearby uses?
0 _I - -
d) huffkient parlang capacity on-site or off-site? ( ) - _. -
e) Hazards or bamers for pedestrians or bicyclists? ( ) - _. -
transportation (e.g. bus turnouts, bicycle racks)? ( ) - - -
g) Rail, waterborne or air ttaffic impacts? ( ) _. _. -
X
X
f) Conflicts with adopted policies supporting alternative
VII. BIOLOGICAL RESOURCES. Would the proposal result in
impacts to:
a) Endangered, threatened or rare species or their habitats
(icluding but not limited to plants, fish, insects,
animals, and birds? ( ) - .x - _.
b) Locally designated species (e.g. heritage trees)? ( ) - - -
coastal habitat, etc.)? ( ) - - X -
d) Wetland habitat (e.g. marsh, riparian and vernal pool)?
0 - -
c) Locally designated natural communities (eg oak forest,
- X
X e) Wildlife dispersal or migration corridors? ( ) - - -
7 Rev. 3fi
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hes (and supporting Infarmation sources): Potentinlly
Potentially Unless -Than
Impact locorporated hwt
Significant
Significant Mitigation Signilkant
WI. ENERGY AND MINERAL RESOURCES. Would the
proposal:
a) Conflict with adopted energ; conservation plans? ( ) - - -
inefficient manner? ( ) - - -
b) Use non-renewable resources in a wasteful and
e) Result in the loss of availability of a known mineral resoufce that would be of future value to the region and
the residents of the State? (2 GPEIR) - - -
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation? ( ) _. - _.
Possible interference with an emergency response plan b) or emergency evacuation plan? ( ) - - -
hazard? ( 1 - - -
health hazards? ( ) - -
Increase fire hazard in areas with flammable brush,
grass, or trees? ( 1 _. - -
c) The creation of any health hazard or potential health
d) Exposure of people to existing sources of potential
_. X
e) X
X. NOISE. Would the proposal rdt in:
a) Increases in existing noise levels? ( ) - - _.
b) Exposure of people to Seven noise levels? ( ) - - X -
XI. PUBLIC SERVICES. Would the prppoSai have an effect upon,
or result in a need for new or altered government services in any of
the following areas:
X
X
a) Fire protection? ( 1 - _. -
b) Police protection? ( 1 - - -
8 Rev. 3fi
0
Issues (and supporting informntioa sourcg): Potentially Significant
Potentially Uk LessThan
Significant Mitigation Sigdicant
hpact Incorporated hpect
c) Schools? ( 1 - _. -
d) Maintenance of public facilities, including roads?
X
X
X
- - - ( 1
e) Other governmental services? ( 1 _. - -
XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal
result in a need for new systems or supplies, or substantial alterations
to the fdlowing utilities:
X
x
a) Power ornatural gas? ( ) - - -
b) Communications systems? ( 1 - - -
facilities? ( ) _. - -
d) Sewer or septic tanks? ( ) - - -
e) Storm water drainage? ( 1 _I - -
9 Solidwastedisposal? ( 1 - _. -
g) Local or regional water supplies? ( ) - - -
c) Local or regional water treatment or Wbution
X
x
X
X
X
XIII. AESTHETICS. Would the proposal:
X
X
a) Affect a scenic vista or scenic highway? ( ) - - -
b) Have a demonstrable negative aesthetic effect? ( 1 _. - -
c) Create light or glare? ( ) - - -
XIV. CULTURAL RESOURCES. Would the propoSa:
X a) Disturb paleontological resxmcs? ( ) - - -
b) Disturb archaeological resources? ( 1 - - _.
c) Affect historical resources? ( ) - - -
would affect unique ethnic cultural values? ( 1 - - - d) Have the potential to cause a phyacal change which
9 Rev. 3/;
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Issues (and suppdng rnfcxmaticm sourcs): Potentially
Significant
Potentially Uk L4sThan
Significant Mitigation Sipficant
Impact Iacorporated bP=t
Restrict existing religious or sacred uses within the
potential impact area? ( 1 - - - e)
XVr RECREATION, Would the propaal:
a) Increase the demand for neighborhood or regional park
or other recreational facilities? ( 1 - - _.
b) Affect existing recreational opportunities? ( 1 - - _.
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wild life species, cause a fd or wildlife population to drop below self-mtaini ng levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or - X prehistory? _. -
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ('Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in COMW~~O~
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects) - - -
c) Does the project have environmental effects which will cause substantial adverse effects on human beings,
either directly or indirectly? _. - -
X
XW. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program HR, or other CEQA process,
effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3
case a discusion should identify the following on attached sheets:
Earlier analyses used Identify earlier analyses and state where they are available for review.
Impacts adequately addressed Identify which effects from the above checklist were within the :
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether
were addressed by mitigation measures based on the earlier analysis
a)
b)
10 Rev. 3/28
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c) Mitigation measures For effects that an Zess than Sigmficant with Mitigation Incorporated,"
mitigation measures which were incorporated or reM from the earlier document and the e*nt
address site-specific conditions for the project.
-,
11 Rev. !
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DISCUSSION OF ENVIRONMENTAL EVALUATION
ENVIRONMENTAL SETTING
The 12.2 acre site is located at the northeast comer of the fume Alga Road and Cobblestone Road intersection, a
(itennittent stream) into Canyon de las Encinas, to the immediate north of the site. Elevations on the site r
feet to 183 feet above mean sea level. The primary soil type on the subject property is alluvium. The alluviu
moist/clayey sands The site is presently undeveloped and was previously cultivated The property has been 1
with farming refuse, dump fill and material stripped from adjacent slopes. A 150' wide SDG&E trammiss
extends along the eastern property boundary. The majority of the project site (8.21 acres) contains disturbed r
which is composed mostly of non-native grasses and herb species High quality coastal sage scrub (32 acres)
the western quarter of the property and off-site on the hillside located to the west of the property. No 7
communities exist on the project site. However, the development of the proposed project shall require the off-sitc
of Alga Road from the project ate, northerly across Encinas Creek to Palomar Airport Road Vegetation types I
this road alignment include .02 acres of riparian habitat.
700 feet south of Palomar Airport Road Topographically, the site consists of a south to north trendmg canyon,
I. LandUSeandPlanning
a) On December 22, 1987, the Carlsbad City Council approved a General Plan Amendment (GPA 87-04) f
property from Residential Low Medium (RLM 0-4 du/ac) to Office and Related Commercial (0). A
Amendment and Zone Change is being processed concurrent with this application to redesignate the sul
back to a residential land use - Residential High (RM 15-23 ddac) with RDM-Q zoning, theteby
development of 138 apartment units on site. Although this proposal will alter the planned land use for th~
significant land use impacts are anticipated. Specifically:
1. c) This residential proposal will be compatible with surrounding lower density residential projects
designations to the south (Maiano-CT 85-39), east (Cobblestone Sea Village) and west (Sudan Inte
in that the proposed project is located within the base of a canyon which is topographically separate(
and 120+ vertical feet) from the developable portions of surrounding residential properties The prc
will also be buffered from surrounding residential uses by undevelopable steep slopes located east ar
project site and Alga Road and Cobblestone Road which are located immediately to the west and s
The property to the north is undeveloptd and designated as an Unplanned Area and the property to
is designated as an Unplanned Area and is developed with an agricultural packing operation Pote
compatibility impacts (noise, hazardous materials, and visual quality) associated with locating a
residential land use adjacent to an existing agricultural packing operation are mitigated by a landsca
intervening roadway ("A" Street) located between the two uses and the considerable setback betwee
shed and the nearest propostd residence (minimum 325 foot separation), Additional mitigation 1
notification to future residents that this area is subject to dust, pesticide and odors associated
agricultural operations
The development of a high density residential land use adjacent to an Unplanned Area, which is likt
its proximity to Mcclellan Palomar Airport, to transition to a non-residential land use (office, plann
creates the potential for future land use compatibility impacts. In order to mitigate future potei
compatibility impacts, any future usc approved up this adjacent area shall be required to bc
incorporate adequate building separation, landscaping, and operational safeguards (to control noise, odc
heat, glare, air emissions, on-site storage and industrial waste) to ensure compatibility with surround
uses
c) 2. Due to the project's proximity to Palomar Airport Road, it's location adjacent to Alga Road and thc
a non-loaded collector street ("A" Street) leading from the project entry to Alga Road, project traf
12 Rev. 3/;
0 e
impact stmomdm ‘ g properties The anticipated ADT for this 138 unit apartment project (1104
considerably less than the number of daily trips which would be generated from an office use on
ADT).
c) 3. No public facilities impacts are anticipated to occur because the project’s proposed 138 residential
withdrawn from the City’s Excess Unit Bank The public facilities required for all Exes Dwelli
already been accounted for in the City’s Local Facilities Management Plans. The net effect of conv
use on the project site from Office and Related Commercial (0) to Residential High (RH 15-22
elimination of 12.2 acres cif mice and Related commercial development within the City at build01
There are no existing environmental plarrs or policies adopted by other agencies which address the sul
Therefore, the project does not conflict with any applicable environmental plans or policies
The project site contains prime agricultural Class 11 soil. The on-site soils consist of SbC (Class De-1) a
We-8). Currently, the site is not under agricultural cultivation, nor has the site been cultivated in the re
project site is located in the Coastal Agricultural Overlay Zone (Site II) of the Mello II Segment of G
Coasbl Program. To offset the conversion of this prime agricultural land to urban uses, per the qui-
Mello 11 Local Coastal Program (LO), the applicant shall implement one of the following three mitigatioi
to the issuance of grading permits:
(1) Preserve prime agricultural property within the coaszal Zone consistent with the provisions of the (
or
(2) Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation C
Local Coastal Program; or
(3) Provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 $lO,OOO per net converted acre. Tlre amount of the fee shall be determined by the City Counci
consistent with the provisions of Carlsbiid’s LCP.
b)
d)
e) The project site is located within an area of the City which is relatively undeveloped, with the exceptio1
Interior Mission (residential project) which is located to the west The proposed project will continue to
to the Sudan Interior Mission and will otherwise not impact the Mission. Accordingly, this proposed 138 i
housing project will not disrupt or divide the physical arrangement of an established community.
II. Pouulation and Housing
a) The City of Carlsbad’s Growth Management Program (November, 1986), established performance standa
facilities, a population limit of approximately 135,000 persons and a housing limit of approximately 54
units at buildout of the City. The propostd project will convert the planned land use on the subject prop
acres of Mice usc to 138 dwelling units Citywide Growth Management dwelling unit and population
will however not be exceeded due to the fact that the 138 residential units for this project would be a
withdrawn from the City’s Bank of Excess Dwelling Units (those dwelling units which were anticipated UI
Growth Management Program but wezit not utilized by developers in approved projects).
Although this 138 unit project will increase the density of the population within the immediate area, tl
increase is not regarded as significant in view of the fact that there are adequate dwelling units within the
Unit Bank to allocate to this project without exceeding the dwelling unit cap of the southwest qua&
facilities and services are available to meet the anticipated demand
The extension of Alga Road from Palomar Airport Road to the project site may enable the developme
properties However, this growth inducing impact is not regarded as significant in that the developme
13 Rev. 31:
b)
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properties has already been plad for through the Zone 20 Specific Plan and Zone 20 Local Fadties 1
Plan to the south and the Zone 5 Lucal Facilities Management Plan to the north
In that the project site is currently undeveloped, no existing residents will be displaced. 7% project 1 c) provide 138 units of affordable rental housing.
III. Geologic Problems
The Preliminary Soil and Geotechnical Investigation for the project, prepared by San Diego Soils Engineering, d
1985 states that 'the proposed development is feasible from a geotechnid standpoint provided that the recoi
of this report are followed." With respect to geologic problems, the above noted report includes the following
a) Fault Rupture - 'Faulting has been mapped by others in areas adjacent and through the site. This faulting inactive and does not pose a sipfkant hazard to the proposed development. The clast active fault i!
Fault Zone located 24 miles to the northeas There are no active faults on or adjacent to the site. Br
ground due to faulting is not a problem on the site due to the absence of any active faults Cracking due to
distant events is not considered a significant hazard"
Seismic ground shaking - 'Seismic risk is considered low to moderate. Design of structures should con
requirements of the governing jurisdictions and standard practices of the Asc;ociation of Structural
California."
Seismic ground failure, including liquefaction - "'Ik earth materials underlying the site consist of firx
bedrock which should not be subject to seismically induced settlement. Topsoil and colluvium will be rel
grading. Remedial treatment of alluvial soils should mitigate seismically induced settlement. The be&
underlying the site have a very low to non-existent potential for liquefaction. With partial or total removal
soils, and the proposed surcharge, liquefaction potential in the alluvial soils is considered very low."
Seiche, tsunami, or volcanic hazard - Because there are no volcanos located within the City of Carlsbad a
project site is not located proximate! to a bay, lake or ocean, no impacts involving seiches, bunamis or vo
b)
c)
d)
are anticipated
e)
f)
Landslides or mudflows - With the implementation of recommended mitigation measures no landslide imp
Erosion, changes in topography or unable soil conditions from excavation, grading or fill - With imp1
recommended mitigation measures, no Significant erosion impacts or unstable soil conditions will occur
Subsidence of the land - In those ateas where alluvium and colluvium are removed to bedrock, subs
equipment passage is expected to be negligible. In other areas subsidence is expected to be on the ord
To provide for donseen variation in actual quantities, provisions should be ma& for export or impoa
Expansive soils - The removal of expansive alluvial soils will adequately mitigate potential impacts from :
Unique geologic or physical features - There are no unique geologic or physical features which exist
PrOPW-
g)
h)
i)
IV. Water
did) Development of the project would create impervious surfaces which reduce absorption ram and increase
and runoff velocities In addition, drainage from the project's roofs, driveways, parking lots, slopes i
would constitute a potentially significant impact to water quality due to potential pollutants in the hoi
14 Rev. 5
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urban runoff. Prior to the approval of a grading permit for this project the applicant shall be required ti
the requirements of the National Pollution Discharge Elimination System (NPDES) permit. Roped de-p
(complying with NPDES requhments) have been incorporated into the on-site runoff and storm drain sy
surface pollutants to an acceptable level prior to discharge into Encinas Creek The proposed de-pol11
concert with other emion control mitigations (landscaping, adequate drainage facilities and proper soil co
reduce water quality impacts to below a level of significance. Grading permit standards and the Zone 5 I
Management Plan require adequate drainage facilities to service the site. These items are all required by tl
Department prior to approval of the grading permit.
Hydrology standards of the Mello 11 Segment of Carlsbad’s Local Coastal Program require that post develc
runoff, from a lO-year16 hour storm event, must not carry any increased velocity at the property line. standard depollutant basins have been incorporated into the projects design.
The project site is not located within a floodplain or within an area which is subject to flooding. Therefc
of the property or future project residents would be exposed to flood hazards
f-i) There exist no potable ground water basins within the City. Due to the project sites relatively deep gro
(33.5 feet below existing grade), no significant impacts to groundwater quality, quantity, or rate or direcb
anticipated.
A muth/north trending natural drainageway (intermittent stream) does traverse the property, emptying into
which is located between 120 and 330 feet north of the property. Implementation of the proposed pro]
fill in the existing natural drainageway and divert runoff into proposed storm drains and 2) require t
Encinas Creek with Alga Road Although the project would require the crossing of Encinas Creek, a 16’x
will be incorporated into the project design to ensure that the project will not substantially change the
of water in Encinas Creek
b)
e)
Air Ouatity
a) The implementation of subsequent projects that are consistent with and included in the updated 1994 Ge
dt in increased gas and electric power consumption and vehicle miles traveled. These subsequently res
in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspend6
These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Ba
San Diego Air Basin is a %on-attainment basin”, any additional air emissions are considered cumulativc
therefore, continued development to buildout as proposed in the updated General Plan will have cumuIa
impacts on the air quality of the region.
To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigi
are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection
prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation
and Transportation Demand Management; 2) provisions to encourage alternative modes of transportation
transit serviceq 4) conditions to promote energy efficient building and site &sign; and 5) participation in r
management strategies when adopted. The applicable and appropriate General Plan air quality mitigation
either been incorporated into the design of the project or are included as conditions of project approval
In that the 138 dwelling units proposed with this project will be available and withdrawn from the Citj
Bank, the air quality impacts of this project have already been considered in dw Master EIR for the
Carlsbad General Plan Consequently, with respect to air quality impacts, rhis project is regarded as a subc
which is consistent with the analysis and findings of the Master EIR for the updated 1994 Carlsbad Gem
project is nevertheless implementing various air quality mitigation measures including: locating higher der
uses along major transportation comdors and increasing residential densities adjacent to the industrial cc
improving the jobqhousing balance. In that this residential project will be located in close proximity to a
15 Rev. 31
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(Alga Road) and employment opporhmitiq roadway congestion may be reduced, vehicle trip lengths reduc
cold starts reduced in that residents an mon likely to bikc or walk to work
Operation-related emissions are considered cumulatively significant because the project is located u
attainment basin”, therefore, the ‘Initial Study” checklist is marked “Potentially Significant Impact”. r
consistent with the General Plan, therefore, the preparation of an EIR is not required because the certific
for air quality impacts. ‘Lhis “Statement Of Overriding considerations” applies to all subsequent projec
the General Plan’s final Master EIR, including this project, therefore, no further environmental review
impacts is required This document is available at the Planning Department.
Construction activities associated with the project would result in potential short-term air quality impa
pollutants from these activities include fugitive dust particles due to grading and transportation of COILS~N(
and, to a lesser degree, emissions from consauction vehicles The Grading Ordinance contains provisior:
the release of construction related pollutantq therefore, air quality impacts resulting from future 1
construction activities would not be considered significant in that the project shall be conditioned to co
Grading Ordinance.
Other than the project air emissions associated with gas and electric power consumption and vehicle
(discussed above), this 138 unit residential project will not generate any other air pollutants. There exi
receptors (schools or hospitals) within several des of the project site, therefore potential exposure of sens
to project air emissions is not considered a significant impact.
Master EIR 9341, by the City Council Resolution No, 94-246, included a ‘Statement Of Ovemding C
b)
cd) Otherwise, because of the projects relatively small size (138 dwelling units over 12.2 acres) and it’s loc
relatively undeveloped area, no signiticant impacts to air movement, moisture, temperature. or climate a
‘This residential project is not anticipated to create objectionable odors
VI. Trans~o rtati on/Circula tion
a) “%e proposed project would generate approximately 1104 ADT. In comparison the development of the
Mice and Related Commercial uses would generate approximately 2940 ADT. The project shall be t
implement a number of major circulation improvements including: (1) full width grading along the proje
and Alga Road frontages, (2) half street frontage improvements to Alga Road and (3) off4te constructi
and full utilities) of Alga Road from the project site to Palomar Airport Road With the implement
circulation improvements, all comdors and intersections in the project vicinity would operate at accept
service and there would be no significant circulation or traflic impacts
Implementation of the proposed project will require the import of 176,465 cubic yards of fill material, F
transported from off-site. To reduce traffic hazard impacts to motor vehicles and bicyclists the applicant obtain a Haul Route Pennit from the Engineering Department This permit will ensure that truck tr
adversely impact residential streets that are not designed to handle heavy truck traffic.
bc) All project on-site and &-site circulation improvements sfiall be required to comply with minimum engin
and safety standards Adequate emergency access from the project site to Cobblestone Road shall be prov
project. This project shall also provide adequate access to existing adjacent uses (i.e.; the Sudan Interior
a temporary intersection with Alga Road
Required project parking (i.e.: 265 resident spaces, and 37 guest spaces) shall be provided on-site. Eig
total required spaces shall be handicapped accessible.
This project shall also provide a 20’ wide easement for h future corrstruction of City Trail Segment 4
easement shall be located within the 150’ wide SDGW easement located along the eastern side of the su€
16 Rev. 31;
d)
e)
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Dedication of this trail easement will enhance pdestmn access within the project vicinity. Bicycle acce
project vicinity will also be enhanced in that project improvements to Alga Road will also include a bic]
The project as propostd complies with adopted policies supporting alternative transportation. Specificall
project will be located in proximity to a major roadway (Alga Road) and employment opportunitit
surrounding businesparks, alternative transportation opportunities exist including bus transit, and bicycle
access
The project is not located in close proximity to a railroad or navigable waterway, therefore, no rail or waterl
are anticipated. The project is also consistent with the Mcclellan Palomax Airport Comprehensive La
Therefore, no air traffic impacts are anticipated.
9
g)
VII. Biological Resources
ae) The Biological Survey of the subject property (Anita Hayworth, March 1999, concludes that the project
a total of .82 acres of Coastal Sage Scrub (CSS) habitat. Of this total, .74 acres is located within the rij
fill slope areas of Alga Road (a City Circulation Element Road). The remaining .07 acres of CSS is local
specific project limits. One pair of California gnatcatchers (Polioptila califomica califomica) was oh
Sage Scrub has protected status and the California gnatcatcher is federally listed, this impact is regarded i
Appropriate mitigation, pursuant to the Interim Take provisions of the 4d Rule for the California gnatcat
required. Because the on-site CSS habitat is regarded as "high quality" (because of the presence of the pab
gnatcatchers), the project shall be conditioned to mitigate this take of a pair of gnatcatchers and .82 acr
acquiring for preservation comparable quality habitat at a ratio of 2: 1. The applicant is propasing to mitiga
by purchasing for preservation 1.64 acres of Coastal Sage Scrub habitat within the high quality, coastal sa
found in the Carlsbad Highlands mitigation bank (subject to the approval of the U.S. Fish and Wddlifc
California Department of F& and Game and the City of Carlsbad). In that the Consbuction of Alga Roa
ultimately be constructed even in the absence of the project) would result in the take of the identifi
gnatcatcher pair, due to both loss and fragmentation of CSS habitat, it is quite Likely that the City will
project to draw from the City's 167.5 acre 5% CSS take allowance. 'Ihe project shall also be conditione
grading during periods of mating and nesting activity (as confinned by field observation) for the m
Gnatcatcher's
The take of .82 acres of coastal sage Scrub habitat from the project site will not will not impair the abili
to implement it's draft Habitat Management Plan (subregional NCCP). Prior to completion of i
NCCP/Carisbad Habitat Management Plan (€IMP), interim approval must be secured for lasses of coasl
habitat. A procedure has been estabkihed which allows the locai jurisdiction to benefit from the 4((
procedure includes establish the base number of acres of c0astai sage scrub habitat in the subregion, cal
the interim habitat loss, and keep a cumulative record of all interim habitat losses The City of Carlsbad I
that 5% of the base acreage of coastal sage scrub is 165.70 acres As of March, 1995,3.96 acres have bec
loss of coastal sage scrub due to the Laurel Tree project and Alga Road (0.84 acres) would dt in a cum1
loss of 4.8 acres for the HMP area axe all the approved loses have been taken. This loss does not e
guideline of 165.70 acres The -82 acn take area is located within Preserve Planning Area 4 (PPA4). ll
will not preclude connectivity between areas of high habitat values since Preserve Pianning Area (PPA) 4 i
as a part of a Linkage Planning Area. &PA) The HMP notes that the PPA 4 core mas contain only limii
target birds, mammals and herptofauna and only makes a limited contribution to the overall preserve syst
area patches of habitat may provide some value as stepping stones facilitating dispersal and moveme
between core areas in adjacent PPA's In conclusion, the project will not inhibit connectivity from north tc
to west in that the core CSS covered 40% slope areas located to the east of the project and encinas CI
located to the north of the project, will be preserved in open space.
property, using the on-site CSS and the CSS located on the dopes to the west of the subject property. h
17 Rev. 3fi
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The habitat loss will not preclude or prevent the preparation of the Carlsbad HMP in that the area is n
Linkage Planning Area, makes a limited contribution to the overall preserve system and will not signif?
the use of habitat patches as arhipelago or stepping stones to mounding PPAs
The habitat loss has been reduced or mitigated by the design of the project, in that the majority (90%) of t
results directly from the construction of Alga Road Mitigation for the 10s of the 0.82 acres of Diegan s
be in the form of the acquisition of habitat credits as discussed above.
The loss of habitat on the Lad Tree property will not appreciably reduce the likelihood of the Surviva
of the gnatcatcher for three reasons. Fust, the habitat loss is located within the right-of-way and along
major circulation element road However, as noted above, large blocks of habitat will not be lost and frag
not occur. Second, the Laurel Tree property is at the periphery of a subpopulation of the gnatcatcher,
center where the loss of habitat would be more important. Finally, it is not certain that the pair of gnatc;
disaubed to the point of abandoning the site. Enough habitat will be preserved in the immediate area
pair may be able to continue occupying the area. The loss of the western pair, if it occurs, would result
less than 1 percent (0.0067) of the City of Carlsbad HMP estimated subpopulation.
The habitat loss is incidental to othetwise lawful activities. The development of the Laurel Tree prop
development and all required permits will be obtained. Mitigation for impads to the Diegan sage scrub
accomplished in the form of pur& of equal or better habitat credits at an off-site location 'This mitig
been identified as the Carlsbad Highlands Mitigation Bank site which has previously been accepted by
Department of Fish and Game and the United States Frsh and Wildlife Service.
A riparian resources survey was conducted on the Laurel Tree Property. Since no Willows were found
property, no mitigation is necessary. Development of the proposed project would however require the c
Alga Road from the property to Palomar Airport Road to the north. The alignment for Alga Road I
approved by the City of Carlsbad and the California Coastal Commission with the amendment to the c<
Village tentative map (CT 84-32(A)). 7he alignment of Alga Road as it crosses Encinas Creek
approximately 870 square feet of riparian vegetation (including 2 medium sized Arroyo Willow trees ar
Willow saplings). Adequate mitigation for this impact will require replacement of this riparian vegetatiox
404 permits from respective State and Federal wildlife agencies ?he mitigation proposed for the impacts
feet of riparian vegetation from the crossing of Encinas Creek with Alga Road will consist of the rest01
4uare feet of willow riparian area in coordination with the California Department of Fish and Game ant
and Wildlife SeMce.
A routine wetland determination was conducted on the project site (Federal Interagency Committa
Delineation, 1989). Since none of the 3 wetland criteria are met on the project site, the area is no
jurisdictional wetland and no mitigation is necessary.
d)
The crossing of Encinas Creek (consauction of a modified culvert within the hcinas creekbed) will m
WI. Energy and Mineral Resources
a) Consistent with Title 24 regulations of the State Building code, the project will be designed to inco
conservation measures where feasible. Otherwise, the project does not conflict with any adopted energ
plans.
Implementation of the proposed project would result in the conversion of prime agricultural soil (Class b)
use, The impact to this prime agricultural land shall require mitigation, as discussed above under
Planning.
The subject property does not contain any known mineral resources (natural gas, oil, coal or gravel) th
future value to the region and the residents of the State. c)
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IX. Hazards
a-b) Aside from the short-term air quality impacts associated with the emissions from construction vehicles a
of dust during project consvuction activities, the proposed residential project would not present a signific
explosion or the release of hazardous substances The project will not interfere with an emergency res
emergency evacuation plan. In fact, because the project will be conditioned to construct Alga Road
Airport Road to the project site, emergency response/evacuation opportunities within the project vi4
enhanced.
This 138 unit residential project will not create any health hazard
Since the project site has been previously under agricultural use, the potential exists for soil contamination
@eicfe Use. %6f b appf&Vd 6f A gfading Pt?ht f6f the pM& the td mud be tested for pedcil
significant levels of pesticide residue are present in the soil, the appropriate mitigation measures shall b
may include a health risk assessment study, removal of the soil and proper disposal, or other recommei
c)
d)
solls repon
e) This project is surrounded by native vegetation, which is subject to fire hazard. Pursuant to the Cit:
Manuai, this project shall be conditioned to implement a Fire Suppression Plan to mitigate future potentia
X. Noise
a) Implementation of the proposed 138 unit project will incrementally increase existing noise levels in the pi
However, the increased noise associated with 138 residential units (and 1104 additional average daily ad
not result in a significant increase in noise levels within the project vicinity.
Based on the Acoustical Analysis Report (Ogden Environmental and Energy Services Co., April 14,
project, there would not be a significant impact to the project created by traffic noise from Alga Road PK
study’s recommended mitigation measures are adhered to. A minimum 6 foot tall sound wall constructec
of the Alga Road fill slope shall be required to mitigate exterior traffic noise to 60 dE3(A) CNEL.
Prior to the issuance of building permits for this project, the project applicant shall be conditioned to submil
analysis to the City which analyzes and recommends mitigation measures to limit inmior noise levels to lesr
CNEL. As identified in the acoustical analysis, all units with exterior noise levels between 62 and 69 dBd
require at a minimum mechanical ventilation to provide for a closed window condition. Special landscaping a
criteria shall be required to mitigate potential visual impacts the walls may create along Alga Road
The project ate is located between the 60 and 65 dB(A) CNEL noise contour for McClellan-Palomar Airport.
northeast comer of the property is located within ?he 65 dB(A) CNEL noise contour. However, no project un
within this noise contour. According to Mcclellan-Palomar Comprehensive Land Use Plan, this proposed resic
is a conditionally compatible use provided that interior noise levels are mitigated to 45 dBA CNEL and a noti
and recorded that this property is subject to overflight, sight, and sound of aircraft operating from Palomar
project will be accordingly conditioned.
b)
XI. Public Services
a-e) An amendment to the Zone 5 Local Facilities Management Plan (LFMP) shall be procesd concur
development application. Converting the planned land use on the subject property from 12.2 acres of Offk
Commercial to 138 dwelling units could effect the provision and availability of public facilities (Le.; f
police protection, schools, libraries, governmental services and roads). However, because the project st
to all the conditions and facility service level requirements within the amended LFMP for Zone 5, no sig
service impacts will occur. Consistent with the City’s Growth Management Plan and applicable state la
19 Rev. 3/:
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applicant shall be required to submit evidence to the City that project impacts to school facilities have be
mitigated prior to the issuance of a grading or building permit
XII. Utilities and Services Systems
a-g) An amendment to the Zone 5 Local Facilities Management Plan (LFMP) shall be processed concur
development application. In that this project shall be subject to the utility and service system nq
conditions within the amended LFMP for !Zone 5, no significant utilities and seivice system impacts (;-e.;
and elecuicity, telephone, sewer, watery drainage and solid waste disposal facilities) will occur. The pi
conditioned to either tie into existing facilities or construct new facilities as required.
XIII. Aesthetics
a,b) Potential project visual impacts to the Palomar Airport Road scenic corridor will be adequately mitig,
perimeter project landscaping, building heights being restricted to an average of less than 30 feet and a m
feet (only 1 building), the use of earthtone colors on building exteriors, and the project's horizontal separat
of 830 feet) from Palomar Airport Road The perimeter landscaping, building height restriction, and us
colors will mitigate potential negative aesthetic impacts of the project.
The development of the site would require 176,465 cubic yards of grading to create building pads, parkin1
drainage structures and private and public streets (including Alga Road). ?he propd grading conforn
Hillside Development Ordinance as manufactured slopes would be screened with buildings and/or lan&
exceed 30 feet in height. Additionally the proposed development will be terraced from south to north Y
topography would not create a signxficant aesthetic impact. The provision of a screen wall (noise wall), la
a 4 to 36 foot grade differential along Alga Road would adequately screen the project's structures and park
Alga Road.
The project would not create significant light and glare impacts on surrounding properties because the di
the site would be buffered from surrounding properties by a combination of major or collector roadwa.
to the west, Cobblestone Road to the south and mA" Street to the north), utility easements (SDG&E to the
setbacks, topography and large quantities of landscaping. The project would have tile roofs and stuccc:
would not reflect excessive amounts of natural light. In addition, the project shall be conditioned so I
lighting be designed to reflect downward to avoid impacts to surrounding properties
of the canyon thereby preserving the topographic integrity of the canyon landform. Therefore the all
c)
XN. Cultural Resources
a-e) The cultural reSOurce survey of the subject property (RECON, June 21,1988) concludes that no cultural
found on the propem and that no additional measures related to cultural resources are necessary. Althc
a record of a single site (SDi 6752/W 1857) located approximately 1,OOO feet south of the subject propel the site was found during two separate field weys The pokntial exists for paleontological resomi on the property. Accordingly, the project sfiall be conditioned to:
1. retain a paleontologist to survey the site prior to grading;
2. perform periodic inspections of the site and salvage exposed fossils during grading;
3. make periodic reports to the Planning Director during the grading process; and
4. be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluati
if necessary.
20 Rev. 31
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XV. Recreation
a-b) A variety of on-site recreational amenities (playground, ball murt and tot-lots) will be provided for pro]
In addition, future Poinsettia Community Park (42 acres) is located within one-half mile (southwest) o
Accordingly, project impacts to recreational amenities are not regarded as significant
XVI. Mandatorv Findings of Significance
a) As discussed in the Biological Resources section of this EIA, the project will impact .82 acres of Coasts
habitat, 870 square feet of riparian vegetation and result in the take of a pair of California gnatcatchers
mitigation measures proposed will adequately mitigate impacts to biological resources
All project related impacts must be considered to be cumulatively considerable when viewed in connec
effects of continued growth and development within the City, Northern San Diego County and San Die
general. However, with the exception of sigmficant and unmitigable regional air quality impacts identifi
Master FdR for the City's Updated 1994 General Plan, (for which a Statement of Ovemding Considerati
adopted by the Carlsbad City Council), this project will implement project specific mitigation measures to I
specific impacts to a level of insignificance. The implementation of these project mitigation measures will
reduce cumulative considerable impacts to a level of insignificance.
AS previously discusd within this document, this 138 unit affordable housing project will not create e
effects which will cause substantial adverse effects on human beings, either directly or indirectly.
b)
C)
Alternatives:
Project alternatives are required when there is evidence that the project will have a significant adverse B
environment and an alternative would lessen or mitigate those adverse impacts Public Resources Clode Section
the approval of projects with significant adverse impacts when feasible alternatives or mitigation measures can
lessen such impacts. A 'significant effect" is defined as one which has a substantial adverse impact. Given
mitigation conditions, this project has 'NO" significant physical environmental impacts, therefore, there is r;
adverse impact and no justification for requiring a discussion of alternatives, (an alternative would not lessen
there is no substantial adverse impact).
21 Rev. 3/21
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LIST MITTGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM (T? APPLICABLE)
1. To offset the conversion of prime agricultural land to urban land uses, per the requirements of the Mello I1
Program (LCP), the applicant shall implement one of the following three mitigation options prior to the
grading permit
(2) Preserve prime agricufazral property within the Coastal Zone consistent with the provisions of the 1
or
(2) Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation C Local Coastal Program; or
(3) Provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,OOO
$lO,OOO for each net converted acre. The amount of the fee shall be determined prior to the isu
permits and shall be consistent with the provisions of Carlsbad's LCP.
2. Prior to the issuance of building permits, the applicant shall establish a process to notify, to the satis
Planning Director and City Attorney, all owners, users or tenants of this project that this area is subject to c
and odors associated with adjacent-agricultural operations, and that the owners, users and tenants occupy t.l
Own risk
All project grading and site preparation shall comply with the recommendations of the Prelimin;
Geotechnical Investigation for the project, prepared by San Diego Soils Engineering, dated August,
subsequent amendments, on file in the Planning Department
Compliance with APCD Rules 51 (The Wuisance" Rule), 52 (Particulate Matter), and 54 (Dust and Fum
Quality Chapter would effectively mitigate dust impacts associated with project grading operations A
placed on the grading permit stipulating that the following measures shall be required to achieve complia
tules, and reduce construction-related air pollutants:
a. "he watering of all surfaces being graded and haul routes shall be required during dry weather con
b. All unpaved areas shall be revegetated according to approved landscape plans as soon as @ble a
c. All construction-related traffic shall be restricted to routes that are dustcontrolled, and reduced q
maintained for all had and constnrtion vehicles
All cof)stNctm activities &all be limited during periods of high winds
All heavy-duty, diesel-powered txmsmction equipment shall be operated according to manufactw
operating instructions (with the fuel-injection timing retarded to recommended levels for NOx emissic
would not result in excessive visible smoke emissions) in order to control pollutant emissions.
construction equipment shall be subject to regularly scheduled maintenance/tune-ups, and be tumed
being utilized to avoid excessive idling emissions
The application of architectural coating and cut-back asphalt shall adhere to APCD Rules 67.0
effectively control other consbuction-rela ted emissions of air pollutants.
3.
4.
d.
e.
f.
g.
22 Rev. 3fi
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h. The Engineering Department shall monitor for compliance during all grading operations of the proj
The project applicant shall obtain and distribute to tenants annual information from Caltrans and North C
regarding the availabdity of public transportation, ride-sharing, and transportation pooling services in t
information shall also be provided in the rental office of this project.
Prior to approval of a grading permit, a detailed soils testing and analysis report shall be prepared by a r
engineer and submitted to the Planning Department and County Health Department for review and approv
shall identify a range of WbIe tnitigation measures to remediate any potentially Significant public ha
hazardous pesticides or other chemicals are detected at high concentrations in the soil.
All project runoff shall conform with the National Pollution Discharge and Elimination System Permit
pursuant to San Diego Regional Water Quality Control Board Order No. 90-42, adopted by City Council I;
90-235. The applicant shall provide best management practices to reduce surface pollutants to an accepta
to discharge to Encinas Creek and other sensitive areas. Plans for such improvements shall be approve
Engineer prior to the issuance of grading permits Drainage water from buildings, streets, parking lots a~
areas shall be disposed of through stormdrains of otherwise in a manner that will avoid any moff onto ag
whether planted or fallow.
Prior to the issuance of a building permit, the project shall comply with the City of Cadsbad's standards f
management.
Prior to the approval of a grading permit, the developer shall provide an irrevocable offer of dedication
Carlsbad for a trail easement (20' wide) for Trail Segment #30, shown on the Site Development Plan.
10. .82 acres of Coastal Sage Scrub (CSS) habitat wiU be directly impacted by this project One pair gnatcatchers (Polioptila califomica califomca) was observed on the property using this CSS. 'Ihe impacte
is regarded as high quality. Pursuant to the Interh Take provisions of the 4d Rule for the California gn
project shall be required to mitigate this take of a pair of California gnatcatchers and 32 acres of CSS by
preservation comparable quality habitat at a 2:l ratio. The applicants proposal to mitigate this impact by I
preservation 1.64 acres of CSS habitat within thc high quality, coastal sage scrub area found in the Carl&
mitigation bank shall require the approval of the U.S. Fish and Wildlife Service (USFWS), the Californi
of Fish and Game, and the City of carfsbad Prior to the issuance of grading permits, the project apph
required to consult with and obtain necessary "take" permits from the USFWS, the California Departmer
Game and the City of Carlsbad for impacts to the pair of California gnatcatchers and the .82 acres of C!
1 1. Implementation of this project shall require the coIlstNction of Alga Road from the project site to Palomar
to the north. The alignment of Alga Road, as it cfosses Encinas Cnck, would impact 870 square fa
vegetation. Mitigation for this impact will require the replacement of this riparian vegetation at a 3: 1 ratio
feet). Prior to the kuancc of grading permits, the project applicant sbali be required to: consult with th
the U.S. Fish and Wddlife Service regarding specific mitigation for impacts to 870 sqm feet of ripark
12. The constn~c tion of Alga Road across Encinas Creek will require a 1603 Streambed Alteration Permit from
Department of Fish and Game (CDFG) and a 404 Permit from the U.S. Amy Corps of Engineers (AC(
the issuance of grading permits, tht project applicant shall be required to obtain a 1603 Pennit from the
404 Permit from the ACOE.
13. Prior to the issuance of building permits for this project, the projext applicant shall be required to submit
analysis which identifies specific mitigation measufes to reduce interior noise levels to less than 45
According to the Acoustical Analysis Report (Ogden Environmental and Energy Services Co., April 14,
5.
6.
7.
8.
9.
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project, all units with exterior noise levels between 62 and 69 dBA CNEL shall require at a minimul
ventilation to provide for a closed window condition.
14. Prior to the occupancy of any of the dwelling units, the project applicant shall be required to construct
foot tall noise Wet (wall) along the top of the fill slope along the eastern side of Alga Road, cd
recommendations of the Acoustical Analysis Report (Ogden Environmental and Energy Services, April
the project The wall shall be designed with pilasters, offset with tree welts, and landscaped to provide vi
of the wall as viewed from the roadway.
15. Prior lo the b~e of building permits, h developer shall pttpatt and record a Notice that his prop to overflight, sight, and sound of aircraft operating from Palomar Airport in a form meeting the approval c
Director and the City Attorney. (See Noise Form #2 on file in the Planning Department).
16. Prior to the issuance of building permits, the Developer shall prepare and record a notice that this prc
subject to noise impacts from the proposed Alga Road Transportation Corridor in a form meeting the a1
Plm~g Director and the City Attorney (see Noise Form #1 on file in the Planning Department).
17. The project shall comply with all conditions and mitigation requind by the zont 5 Local Facilities Man;
approved by the City Council on August 4, 1987, incorporated herein and on file in the Planning Deparl
future amendments to the Plan made prior to the issuance of building permits
18. Prior to hauling dirt or construction materials to or from any constm% 'on site within this project, the a
submit to and receive approval from the City Engineer for the proposed had route. The applicant shaU
all conditions and requirements the City Engintcr may impose with regards to the hauling operation. If
imported dirt is within the limits of the City of Carlsbad, a grading permit will be required for the impc
19. Plans, specifications, and supporting documents for all street and traffic signal improvements shall be p
satisfaction of the City Engineer. Prior to the issuance of grading permit or building permit, whichever a
applicant shall install, or agree to install and secure with appropriate security as provided by law, I
improvements
a.
b.
c.
Full width grading of Alga Road from Palomar Airport Road to Cobblestone Road;
Full width grading of "A" Street along the project frontage;
One-half street improvements for Alga Road from the projects northerly property line to the existing I
Mission driveway, with an appropriate transition to facilitate access to the Sudan Interior Mission fro
One-half street plus 12 foot improvements for 'A" Street along the project frontage;
Future Improvement Agreement for Cobblestone Road;
Upgrade of the existing traffic signal at the Alga Road/Palomar Airport Road intersection;
Two lanes plus improvements to Alga Road from Palomar Airport Road to 'A" Street
d.
e.
f.
g.
20. Prior to the issuance of a building permit, the Developer shall submit evidence to the Planning Director tl
school facilities have been mitigated in conformance with the City's Growth Management Plan to the ex1
by applicable state law.
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2 1. Paleontology:
a. Prior to any pding a€ the! Project site, a paleontolog& shall be retained to perform a walkover sur
and to review the pding plans to determine if the proposed grading will impact fossil resources
paleontologist's repod shall be provided to the Planning Director prior to issuance of a grading pex
b. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage e
Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to
samples for laboratory processing through fine screens. The paleontologist shall make periodic
PIanning Director during the grading process;
The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in orc
evaluation and, if necessary, salvage artifacts;
All fossils collected shall be donated to a public, non-prolit institution with a research interest in the I
as the San Diego Natural History Museum;
Any conflicts regarding the role of the paleontologist and the grading activities of the project shall '
the Planning Director and City Engineer.
c.
d
e.
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APPLICANT CONCURRENCE WITII MITIGATION MEAS!UREs
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
c 'TAq <, \(y\< SI lJ&4!@JQU~ e Date 1 \\
\
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PLANNING COMMISSION RESOLUTION NO. 3811
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF AN AMENDMENT
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TO THE LAND USE ELEMENT OF THE GENERAL
PLAN FROM OFFICE AND RELATED COMMERCIAL
(0) TO RESIDENTIAL HIGH (RH) ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST
CORNER OF THE ALGA ROAD/ COBBLESTONE ROAD
INTERSECTION, IN LOCAL FACILITIES
MANAGEMENT PLAN ZONE 5.
CASE NAME: LAUREL TREE APARTMENTS
CASE NO: GPA 95-01
WHEREAS, a verified application for an amendment to the Ge
designation for certain property located, as shown on Exhibit(s) "X1, dated Sep
1995, attached and incorporated herein, has been filed with the Planning Comm
WHEREAS, said verified application constitutes a request for a Gc
Amendment as provided in Government Code Sections 65350 et seq. and Sectior
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of S
1995, hold a duly noticed public hearing as prescribed by law to consider said
WHEREAS, at said public hearing, upon hearing and consi
testimony and arguments, if any, of all persons desiring to be heard, said CC
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considered all factors relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Cc
recommends APPROVAL of GPA 95-01, based on the following fir
subject to the following conditions: ....
PC RES0 ## 3811
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Findings:
1. The proposed General Plan Amendment from Office and Related Comn
to Residential High (RH), to enable the development of lower income
housing, is consistent with the goals and policies of the various elem
General Plan. Specifically, Housing Element Policy 3.7.h. allows t
approve General Plan Amendments to increase residential densities to
development of affordable housing subject to (1) a proposal being comp
adjacent land uses, (2) the adequacy of public facilities, and (3) the p~
located in proximity to employment opportunities, urban services or m
This high density residential land use designation complies with these th
in that: (1) the use is compatible with surrounding lower density resid1
use designations to the south, east and west and non-residential designa
north; (2) public facilities are adequate to accommodate the developn
property consistent with this high density residential land use; (3) 1
appropriate for a high density residential land use and complies with ti
Plan’s locational criteria for affordable housing because the site is locatc
to a major roadway (Alga Road), and is in close proximity to el
opportunities (located along Palomar Airport Road) and a future comm
(Poinsettia) which is located 1/2 mile to the southwest.
This General Plan Amendment complies with Residential Policy C.l, C
of the Land Use Element of the General plan in that:
A.
2.
this land use change will enable the development of affordable 1
the City;
multi-family uses will be located near employment centers i B. transportation corridors: and
C. this higher density residential use will be located in an area v
compatible with adjacent land uses, and where adequate publi
systems such as streets, parking, parks, and schools are adequate
service.
3. This General Plan Amendment also complies with Growth Managemei
C.l, C.2 and C.8 of the Land Use Element of the General Plan in that:
A. adequate provision has been made for public facilities an(
concurrent with need;
all public facilities performance standards will be complied with
the Citywide and Southwest Quadrant dwelling unit limitatia
Growth Management Plan will not be exceeded.
B.
C.
4. This proposed high density land use designation will provide an a]
transitional land use between the lower density residential land use de
PC RES0 381 1 2
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to the south, east and west and the non-residential land use designati
north.
Implementation of the RH land use designation would reduce the I,
potential vehicle trips, thereby improving circulation within the project
The uses allowed by the proposed RH land use designation will be compa
surrounding land uses.
5.
6.
Conditions;
1. This project shall comply with all conditions and mitigation measures j
required as part of the approved (Mitigated Negative Declaration, Site De\
Plan, Zone Change, Local Coastal Program Amendment, Local
Management Plan Amendment, Hillside Development Permit), as con
Planning Commission Resolution No(s) 3810,3812,3813,3814,3815,39
Approval of GPA 95-01 is granted subject to the approval of the Mitigated
Declaration, ZC 95-01, LCPA 95-02, LFMP 87-05(B), SDP 95-01, and HI
This General Plan Amendment is approved subject to the condition that tt
property is developed exclusively with affordable housing.
EFFECTIVE DATE: This resolution shall become effective upon adoptioi
General Plan Amendment affected thereby shall become effective 30 days tl
2.
3.
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PC RES0 3811 3
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PASSED, APPROVED, AND ADOPTED at a regular meet
Planning Commission of the City of Carlsbad, California, held on the 2C
September, 1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Savary, Nob
and Cornpas.
NOES: Commissioners Erwin and Monroy.
ABSENT: None
ABSTAIN: None
KIM WELSHONS, Chairpers
CARLSBADPLANNINGCON
EXHBlT “X SEPTullBE a e
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PLANNING COMMISSION RESOLUTION NO. 3812
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A ZONE CHANGE
FROM OFFICE (0) TO RESIDENTIAL DENSITY
MULTIPLE WITH A QUALIFIED DEVELOPMENT
LOCATED AT THE NORTHEAST CORNER OF THE
ALGA ROAD/COBBLESTONE ROAD INTERSECTION, IN
LOCAL FACILITIES MANAGEMENT PLAN ZONE 5.
CASE NAME: LAUREL TREE APARTMENTS
OVERLAY (RDM-Q) ON PROPERTY GENERALLY
CASE NO: ZC 95-01
WHEREAS, a verified application for certain property, to wit:
Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad,
County of San Diego, State of California, filed May 5, 1989 as
File No. 89-23967 of official records.
as shown on Exhibit "Yo, dated September 20, 1995, attached and incorporated h
been filed with the City of Carlsbad, and referred to the Planning Commission;
WHEREAS, said application constitutes a request for a 20
Amendment as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 20th day of Se
1995, hold a duly noticed public hearing as prescribed by law to consider said rec
WHEREAS, at said public hearing, upon hearing and considering a11
and arguments, if any, of all persons desiring to be heard, said Commission consi
factors relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Coi
recommends APPROVAL of ZC 95-01, based on the following finc
subject to the following conditions.
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Findings:
1. That the proposed Zone Change from Office (0) to Residential Density
with a Qualified Development Overlay (RDM-Q) is consistent with the ;
policies of the various elements of the General Plan, in that rezoning tt
RDM-Q will:
a) enable the development of affordable housing within the City (Rc
Policy C.1 of the Land Use Element and Policy 3.7.h. of the
Element);
locate multi-family uses near employment centers and major trans
corridors (Residential Policy C.5 of the Land Use Element); and
limit medium and higher density residential developments to thc
where they are compatible with adjacent land uses, and where
public support systems such as streets, parking, parks, schools are to serve them (Residential Policy C.4 of the Land Use Element).
b)
c)
2. That the Zone Change will provide consistency between the General :
Zoning as mandated by California State law and the City of Carlsbad Gen
Land Use Element, in that the RDM-Q zone is a multi-family zone which
standards to enable the development of multi-family projects upon properti
are designated for higher residential density use by the General Plan. The
is concurrently proposed for General Plan redesignation to a Residential Hi
General Plan land use, therefore, consistency between the proposed RDN
and the RH General Plan land use designation is assured.
Conditions:
1. This project shall comply with all conditions and mitigation measures w
required as part of the approved Mitigated Negative Declaration, Site Deve
Plan, General Plan Amendment, Local Coastal Program Amendment, Local j
Management Plan Amendment, and Hillside Development Permit, as cont
Planning Commission Resolution No(s) 3810, 3811, 3813, 3814, 3815, 391t
Approval of ZC 95-01 is granted subject to the approval of the Mitigated I
Declaration, GPA 95-01, LCPA 95-02, LFMP 87-05(B), SDP 95-01, and Hc
This Zone Change is approved subject to the condition that the subject pn
developed exclusively with affordable housing.
2.
3.
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PC RES0 NO. 3812 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meetii
Planning Commission of the City of Carlsbad, California, held on the 201
September, 1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Savary, Nobll
and Compas.
NOES: Commissioners Erwin and Monroy.
ABSENT: None
ABSTAIN: None
KIM V~LSHONS, ~hairpersoi
CAFUSBAD PLANNING COM
EXWIT &‘Yn SEPTEMBER2
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LAUREL TREE APARTMENTS
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PLANNING COMMISSION RESOLUTION NO. 3813
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PLAN TO BRING THE DESIGNATIONS
ON THE LOCAL COASTAL PLAN, GENERAL PLAN, AND
ZONING MAP INTO CONFORMANCE ON PROPERTY
LOCATED AT THE NORTHEAST CORNER OF THE ALGA
ROAD/COBBLESTONE ROAD INTERSECTION, IN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 5.
CASE NAME: LAUREL TREE APARTMENTS
CASE NO: LCPA 95-02
WHEREAS, California State law requires that the Local Coastal Prograr
Plan, and Zoning designations for properties in the Coastal Zone be in conformance;
WHEREAS, a verified application for an amendment to the Local Coasta
Land Use Plan designations for certain property located, as shown on Exhibit '
September 20, 1995, attached and incorporated herein, has been filed with the
Commission; and
WHEREAS, said verified application constitutes a request for a Loc,
Program Amendment as provided in Public Resources Code Section 30574 and Art
Chapter 8, Subchapter 2, Division 5.5 of Title 14 of the California Code of Regulatil
California Coastal Commission Administrative Regulations; and
WHEREAS, the Planning Commission did on the 20th day of Septem
hold a duly noticed public hearing as prescribed by law to consider the proposed Loc
Program Amendment shown on Exhibit "Z, and;
WHEREAS, at said public hearing, upon hearing and considering all test
arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the Local Coastal Program Amendment.
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WHEREAS, State Coastal Guidelines requires a six week public review 1
any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cor
of the City of Carlsbad, as follows:
A)
B)
That the foregoing recitations are true and correct.
At the end of the State mandated six week review period, starting on 1995, and ending on June 3, 1995 staff shall present to the City <
summary of the comments received.
That based on the evidence presented at the public hearing, the Cor
recommends APPROVAL of LCPA 95-02 to amend the Mello II Land
map as shown on Exhibit "2, dated September 20, 1995 attached he
made a part hereof based on the following fmdings:
C)
Findings :
1. That the proposed Local Coastal Program Amendment is consistent with all a]
policies of the Mello If segment of the Carlsbad Local Coastal Program, in tha
the Mello II policy regarding the preservation of steep slopes w
without sensitive vegetation is being complied with;
all project environmental impacts have been mitigated;
(a)
(b)
(c) the project contains prime agricultural soil (Class II) and h
conditioned to mitigate the conversion of this prime agricultural la
residential use;
the development of the project site, as proposed on the associat
Development Plan, would not preclude or negatively affect agricultL
on the adjacent property to the north; and
the project, as proposed on the associated Site Development Plan, will
an onsite de-pollutant basin to control drainage and prevent erosi
Encinas Creek.
(d)
(e)
2. That the proposed amendment to the Mello II segment of the Carlsbad Local
Program is required to bring the designations of the City's General Plan Land U
(as amended), Zoning Map (as amended) and Mello II Land Use Plan into confo~
Conditions:
1.
PC RES0 NO. 3813 -2-
This project shall comply with all conditions and mitigation measures which are I
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2. Approval of LCPA 95-02 is granted subject to the approval of the Mitigatec
Declaration, GPA 95-01, ZC 95-01, LFMP 87-05(B), SDP 95-01, and HD
This Local Coastal Program Amendment is approved subject to the con(
the subject property is developed exclusively with affordable housing.
3.
PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Commission of the City of Carlsbad, held on the 20th day of September, 1995, by the
vote, to wit:
AYES: Chairperson Welshons, Commissioners Savary, Noble, P
Compas.
NOES: Commissioners Erwin and Monroy.
ABSENT: None
ABSTAIN: None
KIM M~LSHONS, Chairperson
CARLSBAD PLANNING COMJ
ATTEST: &W/UF
EXHIBIT “Z” SEPTEMBER 0 a
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PLAN"G COMMISSION RESOLUTION NO. 3814
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LOCAL
FACILITIES MANAGEMENT PLAN FOR ZONE 5 ON
PROPERTY GENERALLY LOCATED AT THE INTERSECTION
OF THE CITY'S FOUR QUADRANTS.
CASE NAME LAUREL TREE APARTMENTS
CASE NO: LFMP 8745(B)
WHEREAS, a verified application has been filed with the City of Car
referred to the Planning Commission, and
WHEREAS, the City Council passed Resolution No. 8797 adopting
Citywide Facilities and Improvements Plan establishing facility zones and performance
for public facilities, and
WHEREAS, the City Council adopted Ordinance No. 9808 requ
processing of a Local Facilities Management Plan, and
WHEREAS, the City Council adopted Ordinance No. 81 10 and 9829 implc
Proposition E approved on November 4, 1986 by the citizens of Carlsbad, and
WHEREAS, said verified application constitutes a request for a Local
Management Plan Amendment as provided in Carlsbad Municipal Code Section 21.90.
WHEREAS, the Planning Commission did, on the 20th day of Septembc
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 testin
arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the amendment to the buildout projections and public facilities and service
of the Local Facilities Management Plan for Zone 5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cor
as follows:
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A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Cc
recommends APPROVAL of an amendment to the buildout projections i
facilities and services analysis for Local Facilities Management Plan
based on the following frndings and subject to the following condition
Findim:
1. That the Local Facilities Management Plan amendment for Zone 5 is consiste1
consistent with Growth Management Policies C.1, C.2 and C.8 of the 1
Element of the General Plan:
a.
b.
c.
~CI Use Element, and the other Elements contained in Carlsbads General Plr
adequate provision has been made for public facilities concurrent u
all public facilities performance standards will be complied with, a
the Citywide and Southwest Quadrant dwelling unit limitations of thc
Management Plan will not be exceeded.
2. That the Local Facilities Management Plan amendment for Zone 5 is consi5
Section 21.90 of the Carlsbad Municipal Code (Growth Management), and
Citywide Facilities and Improvement Plan, in that this Facility Plan has been
consistent with Section 21.90.110, and all facility and service impacts (d
associated with the proposed land use change have been analyzed and i
mitigation measures incorporated where required.
That the Local Facilities Management Plan amendment for Zone 5 and the c
contained therein will continue to promote the public safety and welfare by ens1
public facilities will be provided in conformance with the adopted performance I
and will be available prior to development occurring, in that all public facili
services required for the 138 unit residential project (Site Development Plr
95-01)), processed in association with this LFMP amendment, are either a1
place or will be provided through conditions of approval placed on this re
project.
3.
Conditions:
1. Approval is granted for an amendment to the buildout projections and public facil
services analysis for Local Facilities Management Plan - Zone 5 as contained or
"Q", dated September 20, 1995 attached hereto, and incorporated herein by rel
This Local Facility Management Plan Amendment is approved subjecl
condition that the subject property is developed exclusively with affordable 1
2.
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PC RES0 NO. 3814 -2-
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2. This Local Facility Management Plan Amendment is approved subjc
condition that the subject property is developed exclusively with affordabl
Approval of LCPA 87-05(B) is granted subjective to the approval of the
Negative Declaration, GPA 95-01, ZC 95-01, LCPA 95-02, SDP 95-01 and E
This project shall comply with all conditions and mitigation measures
Amendment, Zone Change, Local Coastal Program Amendment, Site De
Plan, and Hillside Development Permit, as contained in Planning Cc
Resolution No(s) 3810,3811, 3812, 3813,3815, 3916.
3.
4.
required as part of the approved Mitigated Negative Declaration, Gen
PASSED, APPROVED, AND ADOPTED at a regular meeti
Planning Commission of the City of Carlsbad, California, held on the 20
September, 1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Savary, Noblr
and Compas.
NOES: Gmmissioners Erwin and Monroy.
ABSENT: None
ABSTAIN: None
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMI
ATTEST:
22hi5hf$?+4 J.HOLZM LER
Planning Director
PC RES0 NO. 3814 -3-
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PERFORMANCE STANDARD LAUREL TREE OFFICE SITE LAUREL TREE RESIDENTIAL
ADMINISTRATIVE
1500 square feet per loo0 population must be scheduled for construction within a 5 year
period
LIBRARY
800 square feet per lo00
population must be scheduled for
construction within a 5 year
period
WASTEWATER
Adequate capacity for a 5 year
period ANALYSIS IN ZONE PLAN - SEWER FEE MITIGATION
PARKS
3 acres of cornttun~e park or QUADRANT - 1.02 ACRES OF
special use area per loo0 PARK DEMAND - WITHIN
population within park district PROJECT WOULD PROJECTED ADEQUACY -
CITY WIDE FACILITY - NO CITY WIDE FACILITY - 5 11
ANALYSIS IN ZONE PLAN SQUARE FEET OF DEMAND.
FEE PAYMENT MITIGATION.
CITY WIDE FACILITY - NO CITY WIDE FACILITY - 273
ANALYSIS IN ZONE PLAN SQUARE FEET OF DEMAND.
FEE PAYMENT MITIGATION.
CITY WIDE FACILITY - NO
SEWER FEE MITIGATION
CITY WIDE FACTILITY -
QUADRANT -PARK FEE
PROPOSED IN PLAN. OFFICE
must be scheduled within 5 year
period APPROXIMATELY $73500. PAYMENT MITIGATION
DRAMAGE
Must be provided as required by CONCURRENT WITH CONCURRENT WITH
development MITIGATION MITIGATION
CIRCULATION
GENERATE PARK INLIEU FEE AND CFD
City concurrent with DEVELOPMENT - FEE DEVELOPMENT - FEE
TRAFFIC GENERATED =
SCHOOLS
Capacity to meet projected
enrollment as determined by the appropriate school district must
be provided prior to occupancy
SEWER COLLECTION
(Residential Std.) Trunk line capacity to meet the demand as
determined by the appropriate
sewer district must be provided
concurrent with development. Road. Road. There is adequate capactiy
MITIGATION FEES = $36750 MTIGATION FEES = CUSD
NEGOTIATION
EDU’S = 81.67 - The on site 8 sewer line currently connects with the Buena Vallectos
interceptor in Palomar Airport
EDU’S = 138 - The on site 8
sewer line currently connects with the Buena Vallectos
interceptor in Palomar Airport
to accomodate the additional
56.33 EDUs.
EDU’S = 138 - The site is
currently served by a 10” water line in the Laurel Tree Lane easement. The project will create
an average demand of
approximately 34,500 GPD.
Existing facilities are adequate to serve the site. Payment of fees will mitigate system impacts.
WATER DISTRIBUTION
Capacity to meet demand as determined by the appropriate water district must be provided concurrent with development
EDU’S = 81.67 - The site is
currently served by a lo” water line in the Laurel Tree Lane
easement. An office project would create an average demand
for approximately 22,500 GPD.
Existing facilities are adequate to serve the site. Payment of fees will mitigate system impacts.
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THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF SITE DEVELOPMENT
UNIT APARTMENT PROJECT ON PROPERTY
GENERALLY LOCATED ATTHE NORTHEAST CORNER
OF THE ALGA ROAD/COBBLESTONE ROAD
INTERSErnON, IN LOCAL FACILITIES MANAGEMENT
PLAN ZONE 5 CASE NAME: LAUREL TREE APARTMENTS
PLAN NO. SDP 95-01 TO DEVELOP A 138 DWELLING
CASE NO: SDP 95-01
WHEREAS, a verified application has been filed by Metropolik
Advisory Committee with the City of Carlsbad and referred to the Planning Con:
and
WHEREAS, said verified application constitutes a request fo,
development plan as provided by Chapter 21.53 of the Carlsbad Municipal Code;
WHEREAS, pursuant to the provisions of the Municipal Code, the 1
Commission did, on the 20th day of SEPTEMBER, 1995, consider said request on 1
described as:
Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad,
County of San Diego, State of California, filed 5/5/89 as File
No. 89-23967 of official records.
WHEREAS, at said public hearing, upon hearing and considering all te!
and arguments, if any, of all persons desiring to be heard, said Commission considl
factors relating to SDP 95-01.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
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 Comi
recommends APPROVAL of SDP 95-01, based on the following findir
subject to the following conditions:
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PLANNING COMMISSION RESOLUTION NO. 3815
A RESOLUTION OF THE PLANNING COMMISSION OF
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Findings:
1. The project is in conformity with the General Plan and adopted policies
of the City, and it would have no detrimental effect on public health f
welfare for the following reasons:
a. The proposed high density residential project is consistent with
General Plan in that it is compatible with surrounding lower den!
residential designationshses to the south, east and west and nc
residential use to the north.
Policy 3.7.h of the Housing Element of the General Plan allows 1
City to approve General Plan Amendments to enable the developmc
of lower income affordable housing subject to: (1) the proposal bei
compatible with adjacent land uses; (2) the adequacy of pub
facilities; and (3) the site being located in proximity to employme
opportunities, urban services or major roads. This proposed projr
satisfies these three criteria in that: (1) the use is compatible wi
surrounding lower density residential land use designations to t
south, east and west and non-residential designation to the north; (
public facilities are adequate to accommodate the development oft
property consistent with this high density residential land use; and (
this site is appropriate for a high density residential land use ar complies with the General Plan’s locational criteria for affordab housing because the site is located adjacent to a major roadway (AI;
Road), and is in close proximity to employment opportunities (locatc
along Palomar Airport Road) and a future community pal
(Poinsettia) which is located 1/2 mile to the southwest.
In that the project will: (1) build Alga Road (full width grading ari
half street improvements) from Palomar Airport Road to the proje
site; (2) provide a non-loaded industrial street (“A” Street) leadir
from Alga Road to the project entry; and (3) provide access to tl
Sudan Interior Mission, project traffic will not adversely effec
surrounding properties.
This residential project will be compatible with surrounding low6
density residential land use designations and projects to the sout
(RLM 0-4 ddac), east (RL 0-1.5 du/ac) and west (Sudan Interic Mission), in that the proposed project would be located within th
base of a canyon which is topographically separated (between 30 an1
120+ vertical feet) from the developable portions of these surroundin
residential properties. The proposed project would also be buffere
from surrounding residential properties/uses by undevelopable stee
slopes located east and west of the project site and future Alga Roa
and Cobblestone Road which are located immediately to the west an.
south, respectively.
b.
c.
d.
PC RES0 NO. 3815 -2-
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e. This multi-family residential project will be compatible with t
agricultural use located to the north in that a 72 foot wide roadw
(“A“ Street), perimeter wall and landscaped buffer will be locat
between these usest
f. The project would provide adequate on-site parking that complies wi
the City’s Parking Ordinance and efficient, safe circulation to ser
the needs of residents and their guests. The project would not impa
the availability of off-site street parking.
A pedestrian circulation system, that is separated from the proje
driveways, is also provided to allow sufficient and safe pedestrii
access throughout the project. Sidewalks will be provided along tl
project’s street frontages to provide access to and from the project.
The project is conditioned to provide adequate emergency acces
including: (1) an interim emergency access leading from the northea!
corner of the property northward along Laurel Tree Lane; and (2)
future emergency access, leading from the southeast comer of the sit
to Cobblestone Road. The project has been reviewed and conditione
by the Fire Department.
Potential project visual impacts to the Palomar Airport Road sceni
corridor will be adequately addressed through heavy perimeter projec
landscaping, building heights being restricted to an average of les
than 30 feet and a maximum of 35 feet (only 1 building), the use o
earthtone colors on building exteriors, and the project’s horizonta
separation (between 650 and 890 feet) From Palomar Airport Road
The provision of a 6 foot tall screen wall (noise wall), landscaping and
a 4 to 36 foot grade differential along Alga Road would adequatelj screen the project’s structures and parking areas from Alga Road.
g.
h.
1.
2. The Planning Commission finds that the project, as conditioned herein for 5
01 is in conformance with the Elements of the City’s General Plan, based
following:
a. Land Use - A General Plan Amendment and Local Coastal Program
Amendment is proposed with this application to redesignate the
property to Residential High to enable the development of this 138
unit apartment project on the property. The Residential High (RH)
Land Use Designation allows the development of two and three-story
condominium and apartment developments at a density of 15 to 23
dulac with a 19 du/ac growth management control point. The
proposed 138 unit apartment project would have a net density of 1531
dwelling units per acre. This density would be consistent with the RH
land use designation and would be below the designations 19 du/ac
Growth Management Control Point.
PC RES0 NO. 3815 -3-
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b. Circulation - This project is consistent with many of the major poli
(C.l,C.3, C.16, C.17) of the Circulation Element pertaining to Str
and Traffic Control, in that it will implement a number of mi
circulation improvements including the construction (full wi
grading and half street improvements) of Alga Road from Paloi
Airport Road to Cobblestone Road.
Noise - This project is located adjacent to future Alga Road and wil
the 60 dB(A) CNEL noise contour for McClellan Palomar Airpc
Accordingly, consistent with Noise Element Policy C.6, an Acousti
Analysis Report (Ogden Environmental and Energy Services (
4/14/95) has been prepared for this project. Consistent with Nc
Element Policy C.5, the exterior and interior noise levels for
residential units should be mitigated consistent with the Nc
Element policies of the General Plan. In order to adequately mitig
project exterior and interior noise levels the following measures )I
c.
be incorporated into the project:
1) a 6 foot tall sound wall constructed along the top of the A
Road fill slope;
mechanical ventilation and a closed window condition for t
majority of the units located adjacent to Alga Road; and
the recordation of a notice that the property is subject
overflight, sight and sound from aircraft operating frc
Palomar Airport.
2)
3)
These mitigation measures have been conditioned to be incorporated into the prc
3. Housing - Consistent with Housing Element Policy 3.6.b (15% Inclusionary
Requirement), this project will provide 138 apartment units, all of H
affordable to low and very-low income households. The 138 affordable how
will contribute substantially toward meeting the City’s Regional Need 1
affordable dwelling units over this Housing Element cycle. This project
provide 46 three and 22 four bedroom units and be consistent with Housing
Policy 3.2, which requires residential developments of 10 or more afforda
to provide at least 10% of the units with 3 or more bedrooms.
Implementation of this residential project shall require the allocation of 13
Dwelling Units from the City’s Southwest Quadrant bank. The allocation
excess dwelling units to this project would be consistent with Housing Elemer
3.8 (Allocation of Excess Dwelling Units) because all of the 138 project dwelli
would be restricted as affordable to low and very-low income households. I
to Policy 3.8, the first priority for allocation of excess dwelling units is for
very low income households.
4.
....
PC RES0 NO. 3815 -4-
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5. Open Space and Conservation - This project is consistent with the Open d
Conservation Element. Specifically (1) no encroachment into open space
on the Official Open Space and Conservation Map is propose (2) pursu,
Zone 5 Local Facility Management Plan, the adopted performance stai
Open Space for Zone 5 has already been met; and (3) this project
conditioned to provide a 20 foot wide easement for the future constructia
Trail Segment #30 along the eastern side of the property.
That the project is consistent with the Housing Element of the General Pla
Inclusionary Housing Ordinance as the Developer has been conditioned to I
an Affordable Housing Agreement to provide and deed restrict 138 dwell
a~ affordable to lower-income households.
6.
The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan, and all City public facility polj
ordinances since:
7. The project has been conditioned to ensure that building permits will not 1
for the project unless the District Engineer determines that sewer service is a
and building cannot occur within the project unless sewer service remains a
and the District Engineer is satisfied that the requirements of the Public 1
Element of the General Plan have been met insofar as they apply to sewe
for this project.
Statutory School fees will be paid to ensure the availability of school facilit6
Carlsbad Unified School District.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or are required as co
of approval.
The developer has agreed and is required by the inclusion of an appi
condition to pay a public facilities fee. Performance of that contract and I:
of the fee will enable this body to find that public facilities will be a
concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any ad(
requirements established by a Local Facilities Management Plan prepared p
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co
availability of public facilities and will mitigate any cumulative impacts createt
project.
8.
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10.
11.
12.
13. This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 5 properties.
....
PC RES0 NO. 3815 -5-
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14. That the habitat loss does not cumulatively exceed the 5% guideline estal
the Draft Conservation Guidelines of the Draft Natural Community Cor
Plan (NCCP). The City of Carlsbad has calculated that 5% of the base i
CSS is 165.70 acres. As of August, 1995, 1938 acres have been taken. T
CSS due to the Laurel Tree project and Alga Road (32 acres) would r(
cumulative habitat loss of 20.2 acres for the HMP area when all approved 1
accounted for. This loss does not exceed the 5% guideline of 165.7 acres.
That the habitat loss will not preclude connectivity between areas of hig
values. The .82 acre take area is located within Preserve Planning Area 4 (
Carlsbad’s Habitat Management Plan (HMP). This habitat loss will not
connectivity between areas of high habitat values since PPA4 is not inch
part of a Linkage Planning Area. The HMP notes that the PPA4 core area
only limited habitat for target birds, mammals and herptofauna and onl!
limited contribution to the overall preserve system. The core area patches c
may provide some value as stepping stones facilitating dispersal and movc
wildlife between core areas in adjacent PPAs. The project will no1
connectivity from north to south or east to west in that the core CSS cow
slope areas located east and west of the project and Encinas Creek, which ii
to the north of the project, will be preserved in open space.
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16. That the habitat loss will not preclude or prevent the preparation of th Habitat Management Plan, in that the area is not a part of a Linkage PIanni
makes a limited contribution to the overall preserve system and will not im
use of habitat patches as stepping stones to surrounding PPAs.
That the habitat loss has been minimized and mitigated to the maximun
practicable in accordance with the mitigation established by the NCCP GUI
in that the majority (90%) of the habitat lost results directly from the cons
of Alga Road. The applicant is proposing to mitigate this impact by purcha
preservation 1.64 acres of CSS habitat within the high quality CSS area lo.
the Carlsbad Highlands mitigation bank. In that Alga Road (a City Circ
Element Road) would be constructed even in the absence of the Laurel Tree
it and the project would qualify for first priority use of the City’s 165.7 CI
acreage.
That the habitat loss will not appreciably reduce the likelihood of the survi. recovery of listed wildlife species in the wild for three reasons: (1) large bl
habitat will not be lost and fragmentation will not occur; (2) the Law
property is at the periphery of a sub-population of the gnatcatcher; it is no1
center where the loss of habitat would be more important; and (3) it is not
that the pair of gnatcatchers will be disturbed to the point of abandoning t
Enough habitat will be preserved in the immediate area that the single pair
able to continue occupying the area. The loss of the pair, if it occurs, woulc
in the loss of less than 1 percent (0.0067) of the City of Carlsbad HMP est
subpopulation.
17.
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PC RES0 NO. 3815 -6-
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19. That the habitat loss is incidental to otherwise lawful activities, in development of the Laurel Tree property is a legal proposed development
all required permits shall be obtained. Mitigation for impacts to CSS h
proposed to be accomplished through purchase of equal or better habital
site location.
previously accepted as an appropriate mitigation site by the California D
of Fish and Game and the U.S. Fish and Wildlife Service.
That the Project is consistent with the City’s Landscape Manual, adopte
Council by incorporation by reference in Carlsbad Municipal Code Section
The project is consistent with the Comprehensive Land Use Plan (CLU
McClellan-Palomar Airport, dated April, 1994 in that as conditioned the
shall record a notice concerning aircraft noise. The project is compatibl
projected noise levels of the CLUP; and, based on the noisefland use con
matrix of the CLIP, the proposed land use is compatible with the airpor
The Planning Commission of the City of Carlsbad has reviewed, ana:
considered Mitigated Negative Declaration (GPA 95-01iZC 95-O1/LCPA 95.
87-05(B)/SDP 95-01/HDP 95-01), the environmental impacts therein identifi
project and said comments thereon, and the Mitigation Monitoring and I
Program, on file in the Planning Department, prior to recommending appra
project. Based on the EIA Part-I1 and comments thereon, the Planning Coi
finds that there is no substantial evidence the project will have a significant
the environment and hereby recommends approval of the Mitigated
Declaration.
The Planning Commission does hereby find that the Mitigated Negative De
Mitigation Monitoring and Reporting Program have been prepared in ac
with requirements of the California Environmental Quality Act, the State GI
and the Environmental Protection Procedures of the City of Carlsbad.
The Planning Commission finds that the Mitigated Negative Declaration (
Ol/ZC 95-01LCPA 95-02/LFMp 87-05(B)/SDP 95-O1/HDP 95-01) refl
independent judgement of the Planning Commission of the City of Carlsb
The proposed mitigation area (Carlsbad Highlands)
20.
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23.
(GPA 95-01/ZC 95-01LCPA 95-02/LFMP 87-05(B)/SDP 95-01/HDP 95
24.
Planning Conditions:
1. The Planning Commission does hereby recommend approval of t
Development Plan for the SDP 95-01 Project entitled “Laurel Tree Apar
(Exhibits “A-“BB”) on file in the Planning Department and incorporatec
reference, dated September 20, 1995), subject to the conditions herein s
Staff is authorized and directed to make or require the Developer to 1
corrections and modifications to the Site Development Plan Documents, as n
to make them internally consistent and conform to Planning Commissioi
I
action on the Project. Development shall occur substantially as shorn
PC RES0 NO. 3815 -7-
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approved exhibits. Any proposed development substantially different
approval, shall require an amendment to this approval.
The Developer shall provide proof of payment of statutory school fees tc
conditions of overcrowding as part of the building permit application. Th
of these fees shall be determined by the fee schedule in effect at the time o
permit application.
Prior to the issuance/approval of a building permit, the Developer sha
evidence to the Planning Director that impacts to school facilities h:
mitigated in conformance with the City's Growth Management Plan to tl
permitted by applicable state law. If the mitigation involves a financing scht
as a Mello-Roos Community Facilities District which is inconsistent with t
Growth Management Plan including City Council Policy Statement No.
Developer shall disclose to future owners in the project, to the maximui
possible, the existence of the tax and that the school district is the taxin,
responsible for the financing district.
This Project shall comply with all conditions and mitigation measures w
required as part of the Zone 5 Local Facilities Management Plan t
amendments made to that Plan prior to the issuance of building permits.
If any condition for construction of any public improvements or facilitie5
payment of any fees in lieu thereof, imposed by this approval or imposed bj
this residential housing project are challenged this approval shall be suspe
provided in Government Code Section 66020. If any such condition is detc
to be invalid this approval shall be invalid unless the City Council determines
project without the condition complies with all requirements of law.
If any of the foregoing conditions fail to occur, or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have t
to revoke or modify all approvals herein granted, deny or further condition i
of all future building permits, deny, revoke or further condition all certifi
occupancy issued under the authority of approvals herein granted, institi
prosecute litigation to compel their compliance with said conditions or seek d
for their violation. No vested rights are gained by Developer or a sum
interest by the City's approval of this Resolution.
The Developer shall comply with all applicable provisions of federal, state, ai
ordinances in effect at the time of building permit issuance.
The Developer shall provide the City with a reproducible 24" x 36", mylar cop:
Site Plan as approved by the Planning Commission. The Site Plan shall re0
conditions of approval by the City. The Plan copy shall be submitted to t
Engineer and approved prior to building, grading, final map, or improvemei
submittal, whichever occurs first.
2.
3.
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7.
8.
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9. The Developer shall include, as part of the plans submitted for any pe
check, a reduced, legible version of the approving resolution/resolutions (
36" blueline drawing. Said blueline drawing(s) shall also include a co]
applicable Coastal Development Permit and signed approved site plan.
Building permits will not be issued for development of the subject prope
the District Engineer determines that sewer facilities are available at thc application for such sewer permits and will continue to be available untj
Occupancy.
The Developer shall pay the public facilities fee adopted by the City Counc
28, 1987 (amended July 2, 1991) and as amended from time to time,
development fees established by the City Council pursuant to Chapter 21.
Carlsbad Municipal Code or other ordinance adopted to implement l
management system or Facilities and Improvement Plan and to fulfill the SUI
agreement to pay the public facilities fee dated December 7, 1994, a copy
is on file with the City Clerk and is incorporated by this reference. If the
not paid this application will not be consistent with the General Plan and
for this project will be void. Approval of SDP 95-01 is granted subjec
approval of the Mitigated Negative Declaration, GPA 95-01, ZC 95-01, LCI
LFMP 87-05(B), and HDP 95-01.
This project shall comply with all conditions and mitigation measures u
required as part of the approved Mitigated Negative Declaration, Gene
Amendment, Zone Change, Local Coastal Program Amendment, Local I
Management Plan Amendment., and Hillside Development Permit, as cont
Planning Commission Resolution No(s) 3810, 3811, 3812,3813,3814,3916
Prior to the issuance of the building permit Developer shall submit to th
Notice of Restriction to be filed in the office of the County Recorder, subjel
satisfaction of the Planning Director, notifymg all interested parties and su
in interest that the City of Carlsbad has issued a Mitigated Negative Declarati
95-01/ZC 95-01LCPA 95-02LFMP 87-05(B)lSDP 95-01MDP 95-01 by Re
No(s) 3810,3811,3812, 3813,3814,3815,3916 on the real property ownec
developer. Said Notice of Restriction shall note the property description, 1
of the file containing complete project details and all conditions of approval
as any conditions or restrictions specified for inclusion in the Notice of Res
The Planning Director has the authority to execute and record an amendme1 notice which modifies or terminates said notice upon a showing of good C~US
developer or successor in interest.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall wil
pursuant to City standards. Location of said receptacles shall be approved
Planning Director. Enclosure shall be of similar colors and/or materials
project to the satisfaction of the Planning Director.
10.
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15. All visitor parking spaces shall be striped a different color than the assignec
parking spaces and shall be clearly marked as may be approved by the
Director.
An exterior lighting plan including parking areas shall be submitted for
Director approval. All lighting shall be designed to reflect downward and
impacts on adjacent homes or property.
No outdoor storage of material shall occur onsite unless required by the Fj
In such instance a storage plan will be submitted for approval by the Fire (
the Planning Director.
The Developer shall prepare a detailed landscape and irrigation plan in conf
with the approved Preliminary Landscape Plan and the City's Landscape
The plans shall be submitted to and approval obtained from the Planning
prior to the approval of the final map, grading permit, or building permit, w
occurs first. The Developer shall construct and install all landscaping as s
the approved plans, and maintain all landscaping in a healthy and thriving a free from weeds, trash, and debris.
The Developer shall prepare and submit a master site plan of the existing on5
to the Planning Director as part of the final grading plan to determine wh
shall be required to be presewed prior to the issuance of a grading pen
building permit, whichever occurs first. Existing onsite trees shall be :
wherever possible and shall be trimmed as needed. Dead, decaying or po
dangerous trees shall be approved for removal at the discretion of the I
Director during the review of the master site plan. Those trees which are a
for removal shall be replaced on a tree-for-tree basis, and all mature trees
replaced with minimum 36" box specimens.
The first submittal of detailed landscape and irrigation plans shall be accoC
by the project's building, improvement, and grading plans.
Building identification and/or addresses shall be placed on all new and
buildings so as to be plainly visible from the street or access road; c
identification and/or addresses shall contrast to their background color.
Prior to occupancy of any units, the developer shall construct a directory sig
entrance to the Project. The design of this sign shall be approved by the P
Director.
The Developer shall provide bus stops to service this development at locatic
with reasonable facilities to the satisfaction of the North County Transit Disti
the Planning Director. Said facilities, if required, shall at a minimum inc
bench, free from advertising, and a pole for the bus stop sign. The bench ai
shall be designed to enhance or be consistent with the basic architectural thl
the Project.
16.
17.
18.
19.
20.
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24. Prior to issuance of a grading permit, the Developer shall receive apF
Coastal Development Pennit issued by the California Coastal Comrnj
substantially conforms to this approval. A signed copy of the Coastal Dei
Permit must be submitted to the Planning Director. If the approval is su
different, an amendment to SDP 95-01MDP 95-01 shall be required.
Prior to issuance of a grading permit, the Developer shall be requirec
consult with the United States Fish and Wildlife Service (USWS) reg?
impact of the project on the Coastal California Gnatcatcher; and, 2) c
permits required by the USWFS.
Prior to the issuance of building permits, the Developer shall prepare ant
Notice that this property may be subject to noise impacts from the prc existing Alga Road Transportation Corridor in a form meeting the appro
Planning Director and City Attorney (see Noise Form #1 on file in the
Department).
Prior to the issuance of building permits, the Developer shall prepare and
Notice that this property is subject to overflight, sight, and sound of aircraft I
from Palomar Airport in a form meeting the approval of the Planning Diri
the City Attorney (see Noise, Form #2 on file in the Planning Departmei
Prior to the issuance of building permits for any lots or units, the Develc
enter into an Affordable Housing Agreement with the City to provide i
restrict 138 dwelling units as affordable to lower-income households for tl
life of the dwelling units, in accordance with the requirements and process
in Chapter 21.85 of the Carlsbad Municipal Code. The recorded Affordable
Agreement shall be binding on all future owners and successors in interes
Pdor to approval of the final map, the Developer shall provide an irrevoca
of dedication to the City of Carlsbad for a trail easement for Trail Segm
shown on the Site Development Plan. If the City of Carlsbad accepts dedi1
the trail easement the City shall assume responsibility for maintenance and
If the City of Carlsbad does not accept liability and maintenance responsil
the Citywide Trail System, prior to recordation of the final map, the Develc
not be required to construct the traii(s).
Prior to the issuance of grading permits, the Developer shall be required tc
to the Planning Director a letter of permission from San Diego Gas and
(SDG&E) which allows project encroachment and development within the 1
SDG&E easement, which extends along the eastern boundary of the propel
Any retaining wall/walls which idare equal to or greater than 6 feet in heig
be required to be decoratively treated subject to the approval of the E Director. A plan showing the proposed decorative treatment shall be requir
submitted and approved prior to the issuance of grading permits.
25.
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27.
28.
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Engineerinp Conditions:
32. The applicant shall pay the current local drainage area fee or shall constmct
systems in conformance with Master Drainage Plan and City of Carlsbad :
as required by the City Engineer.
The owner of the subject property shall execute an agreement holding
harmless regarding drainage across the adjacent property.
The owner shall enter into lien contract for the future public improvc
Cobblestone Road along the project frontage for a half street width of 38'
way to roadway centerline) plus 12' (additional roadway paving), the futu
wall and a standard intersection at a minimum 30' curb to curb wid1
southeast corner of the site (site secondary access intersecting Cobblestor
and the west half of Alga Road along the project frontage from the I
property line to the Sudan Interior Mission (SIM) driveway and full At
along the project frontage from the SIM driveway to the southerly prop
including but not be limited to: paving, base, sidewalks, curbs and gutte
medians, relocation of utilities, sewer, water, fire hydrants, street lights, r
water and storm drains.
If the disturbed area is five acres or more the developer shall submit pro1
Notice of Intention has been submitted to the State Water Resources Contrc
Upon completion of grading, the developer shall ensure that an "as-gradedt
plan is submitted to the City Engineer. The plan shall clearly show all the
as exposed by the grading operation, all geologic corrective measures as
constructed and must be based on a contour map which represents both the
post site grading. This plan shall be signed by both the soils engineer
engineering geologist. The plan shall be prepared on a 24" x 36" mylar 0,
drafting film and shall become a permanent record.
The developer shall construct an urban pollutant basin of a type and a sin
the location as indicated on the site plan and as approved by the City Engine
developer shall enter into a basin maintenance agreement and submit a main
bond satisfactory to the City Engineer.
The owner shall make an offer of dedication to the City for all public stre
easements required by these conditions or shown on the site plan, The off
be made prior to issuance of any building permit. All land SO offered I
granted to the City free and clear of all liens and encumbrances and withoui
the City. Streets that are already public are not required to be rededicatec
Street "A" shall be dedicated by the owner along the project frontage bast
right-of-way width of 48' (one-half street improvements plus 12') in conformar
City of Carlsbad Standards.
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40. Prior to issuance of any building permits for this project, the developer shi
street light energizing fee for the first eighteen months of street light
operation. The developer should also be aware that they will be assesst
continued operation of the City street light standards for this projec
assessment charges will be contained in the properties tax bill.
The developer shall comply with the City’s requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall prc
management practices to reduce surface pollutants to an acceptable leve
discharge to sensitive areas. Plans for such improvements shall be approv
City Engineer. The plans shall include, but not be limited to the followir
a. Project management shall coordinate the use of the City’s es
program to assist residents with the removal and proper disposal of
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, n
antifreeze, solvents, paints, paint thinners, wood preservatives, and o
fluids shall not be discharged into any street, public or private, or i1
drab or storm water conveyance systems. Use and disposal of p
fungicides, herbicides, insecticides, fertilizers and other such treatments shall meet Federal, State, County, and City requirer
prescribed in their respective containers.
Best Management Practices shall be used to eliminate or reduce
pollutants when planning any changes to the landscaping and
improvements.
41.
b.
c.
42. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City St
the developer shall install, or agree to install and secure with appropriate se
provided by law, all improvements shown on the site plan as follows:
a. Alga Road - From Palomar Airport Road (PAR) to the existing
Sudan Interior mission (SIM) driveway, including:
Asphalt Pavement (two (2) travel lanes with 32’ of pavement.)
0 Concrete Curb and Gutter.
Concrete Median Curb.
0 Concrete Sidewalk on one (1) side.
Street Light Standards on one (1) side.
Full 102’ width roadway grading.
Full intersection transition at Palomar Airport Road to provide (
through lane in each direction and one (1) left turn lane alignec
College Boulevard to the north.
b. Alga Road - From the existing Sudan Interior Mission (SIM)
driveway to future Cobblestone Road, including:
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0 Full 102' width roadway grading.
Street "A" - From Alga Road to existing Laurel Tree Lane,
including:
0 Asphalt Pavement (two (2) travel lanes with 38' of pavement; 01
street plus 12'.)
Concrete Curb and Gutter.
Concrete Sidewalk on one (1) side.
0 Street Light Standards on one (1) side.
38' (one-half street plus 12') width roadway grading.
Laurel Tree Lane - From Street "A" to PAR, including:
e Asphalt Pavement (two (2) travel lanes with 28' of pavement.)
Asphalt Berms on both sides.
C.
d.
e. On-site northeasterly driveway (interim secondary access),
including:
e Secondary Access Gate.
On-site southeasterly driveway (ultimate secondary access), includi
0 On-site provision shall be made to facilitate the ultimate seconda
f.
to future Cobblestone Road.
g. The 60" Storm Drain from Cobblestone Road shall be redesigne
satisfaction of the City Engineer.
A list of the above improvements shall be placed on an additional sheet 01
plan. Improvements listed above shall be constructed within 18 months of I
of the secured improvement agreement or such other time as provided
agreement.
Special EnPineerinP Conditions:
43. The developer shall contact the Carlsbad Municipal Water District (4
District Engineer to determine the extent of the off-site ultimate sewer ar
facilities that will have to be installed in conjunction with this project.
specifications and supporting documents for these improvements shall be I
to the satisfaction of the City Engineer and the CMWD District Engin
accordance with City Standards, the developer shall install or agree to ins
secure with appropriate security as provided by law these sewer an
improvements.
The final project soils report shall address surcharging and partial to total
of all alluvial soils encountered on the site, and, any impacts to site deve
44.
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with regards to on-site faults.
An adjustment plat must be processed and recorded, relocating the easterlj
line farther to the east to allow for site development as indicated on
Development Plan (SDP 95-01). If this adjustment plat cannot be proct
recorded then the project must be redesigned to be able to be constructed 1
existing site boundary and SDP 95-01 must be amended.
The site plan and final project design and grading plans shall indicate a 3' 1
section E-2 (wall detail.)
45.
46.
brow ditch at the top of the retaining wall, reference Preliminary Grac
The developer shall comply with any requests from the North County Transi 47.
(NCTD) in providing for bus service to the project and bus stop locatior
project and supply documentation that they have complied with any such
Documentation shall be provided from San Diego Gas and Electric (SDG&I
that use of a portion of the existing 150' SDG&E easement shall be pern
permission to utilize a portion of this easement cannot be obtained then th
must be redesigned to be able to be constructed within the existing site 1
and SDP 95-01 must be amended.
The site plan and final project design and grading plans shall indicate tl
median on the Cobblestone Road cross-section, in accordance with the Col
improvement drawings.
The site plan and final project design and grading plans shall be revised to I
sewer lines tying into storm drain lines (reference: Preliminary Sewer and 1
Layout Plan, sheet 4 of 5.)
The site plan and final project design and grading plans shall be revised to
Wkegawa Parking Shed" as "Ukegawa Packing Shed" (reference: Prelimina
and Drainage Layout Plan, sheet 4 of 5.)
A new easement shall be granted for sewer, water, gas, power and telephor
Sudan Interior Mission and indicated on easement table item number 9 (r(
Site Development PlanPreliminaxy Grading Plan sheet 2 of 5.)
A new easement shall be granted for public utility and incidental purposc
Sudan Interior Mission and indicated on easement table item number 17 (re
48.
49.
50.
51.
52.
53.
Site Development PIanPrelirninary Grading Plan sheet 2 of 5.)
54. The existing easement shall be "quit claimed" and a new easement grante
Carlsbad Municipal Water District as indicated on easement table item nul
(reference: Site Development Plan/Preliminary Grading Plan sheet 2 of 5.)
Indicate the location of easement table item numbers 25 & 28 on the final
design and grading plans.
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56. The developer shall bond for the design and construction of a traffic si@
intersection of Alga Road with Street "A". The City will enter into an agree]
the developer so that the developer can obtain proportionate share reiml:
for the traffic signal from benefitting property owners to the north and so
intersection.
Site Plan Notes:
The developer shall place the following notes on the site plan:
57. Geotechnical Caution:
a. Slopes steeper than two parts horizontal to one part vertical exist v
boundaries of this subdivision.
The owner of this property on behalf of itself and all of its succ
interest has agreed to hold harmless and indemnify the City of Carlsl
any action that may arise through any geological failure, ground watei
or land subsidence and subsequent damage that may occur on, or ad]
this subdivision due to its construction, operation or maintenance.
b.
58. The developer shall provide for sight distance corridors at all street interse
accordance with Engineering Standards. No structure, fence, wall, tree, shr
or other object over 30 inches above the street level may be placed or pen
encroach within the area identified as a sight distance corridor in accorda
City Standard Public Street-Design Criteria, Section 8.B.3. The underlying
owner shall maintain this condition.
The developer shall provide an acceptable means for maintaining the
easements within the project and all the private storm drain facilities an
facilities located therein. Adequate provision for such maintenance shall bt
to the approval of the City Engineer.
All concrete retaining wall/terrace drains shall be maintained by the 1
management. Adequate provision for such maintenance shall be subjeci
59.
60.
approval of the City Engineer.
Fire Conditions:
61. Prior to the issuance of building permits, the Fire Department shall evaluate
plans for conformance with applicable fire and life safety requirements of t
and local Fire Codes.
Additional on-site public water mains and fire hydrants are required.
additional public fire hydrants at intervals of 300 feet along public streets and
driveways. Hydrants should be located at street intersections when possil
should be positioned no closer than 100 feet from terminus of a street or dl
Applicant shall submit a site plan to the Fire Department for approval, which
62.
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location of required, proposed and existing public water mains and fire hyd
plan should include off-site fire hydrants within 200 feet of the project.
Applicant shall submit site plan depicting emergency access routes, drivc
traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency service veh
be provided and maintained during construction. When in the opinion o
Chief, the access road has become unserviceable due to inclement weathe
reasons, he may, in the interest of public safety, require that construction c
cease until the condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operatioi
combustible building materials are located on the construction site,
Prior to final inspection, all security gate systems controlling vehicular awe2
equipped with a “knox“, key-operated emergency entry device. Applicant sh;
the Fire Prevention Bureau for specifications and approvals prior to insta
Prior to building occupancy, private roads and driveways which serve as
access for emergency service vehicles shall be posted as fire lanes in accord;
the requirements of section 17.04.020 of the Carlsbad Municipal Code.
Native vegetation which presents a fire hazard to structures shall be mc
removed in accordance with the specifications contained in the City of
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression pl
Fire Department for approval.
Prior to issuance of the building permit, the applicant shall obtain Fire Dei approvd of a wildland fuel management plan. The plan shall clearly indicate
proposed to mitigate and manage fire risk associated with native vegetatior
within 60 feet of structures. The plan shall reflect the standards presented i.
suppression element of the City of Carlsbad Landscape Guidelines Manual.
occupancy of buildings, all wildland fuel mitigation activities must be comp
the condition of all vegetation within 60 feet of structures found tl
conformance with an approved wildland fuel management plan.
Plans and/or specifications for fire alarm systems, fire hydrants, autom
sprinkler systems and other fire protection systems shall be submitted to
Department for approval prior to construction. All buildings having an a;
floor area in excess of 10,000 square feet must be protected by autom
sprinkler systems. Plans and specifications must be approved by the Fire Dep<
and a permit obtained prior to installation. Proposed multifamily residential t
must be protected by fire alarm systems. Plans and specifications must be a]
64.
65.
66.
67.
68.
69.
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71.
and a permit obtained prior to installation.
72. The applicant shall provide a street map which conforms to the fc
requirements: a 400 scale photo-reduction mylar, depicting proposed impro
and at least two existing intersections or streets. The map shall also clear1
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street centerlines, hydrant locations and street names.
A monument sign shall be installed at the entrance to the driveway or priv
indicating the addresses of the buildings on site.
73.
Water Conditions:
74. The entire potable water system, reclaimed water system and sewer systen
evaluated in detail to insure that adequate capacity, pressure and flow den
be met.
The Developer shall be responsible for all fees, deposits and charges whic
collected before and/or at the time of issuance of the building permit.
Diego County Water Authority capacity charge will be collected at iss
application for meter installation.
Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire p
requirements. Also obtain G.P.M. demand for domestic and in
needs from appropriate parties.
Prepare a colored reclaimed water use area map and submit to the
Department for processing and approval.
Prior to the preparation of sewer, water and reclaimed water imprr
plans, a meeting must be scheduled with the District Engineer fo
comment and approval of the preliminary system layouts and usa
75.
76.
b.
c.
GMP - EDU).
77. This project is approved upon the expressed condition that building pernio
be issued for development of the subject property unless the water district se
development determines that adequate water service and sewer facilities are i
at the time of application for such water service and sewer permits will COI
be available until time of occupancy. This note shall be placed on the fin
The developer shall relocate existing sewer and water lines onsite and off
shall keep Sudan Interior Mission in service.
The Developer shall adhere to all conditions of the City of Carlsbad Mastei
Sewerage, Jan. 1992, which includes the installation of the 12” gravity sew
line (VBT2).
The Developer shall adhere to all conditions of Carlsbad Municipal Water
(potable) Water Master Plan CMWD 89-105 June 1990, which includes 20“
water lines in Alga Road and 16” and 12” water mains in Street “A and Lau
Lane and a 12” water main in Cobblestone Road.
The Developer shall install a 12” reclaimed water main in Alga Road and
78.
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and/or install a 12" reclaimed water main in Cobblestone Road.
Standard Code Reminders:
82. The Developer shall submit a street name list consistent with the City's str policy subject to the Planning Director's approval prior to final map apprc
Compact parking spaces shall be located in large groups, and in locations ai
marked to the satisfaction of the Planning Director.
All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on fi
Planning Department.
Any signs proposed for this development shall at a minimum be des
conformance with the City's Sign Ordinance and shall require review and
of the Planning Director prior to installation of such signs.
Approval of this request shall not excuse compliance with all applicable se
the Zoning Ordinance and all other applicable City ordinances in effect a
building permit issuance, except as otherwise specifically provide herein.
The project shall comply with the latest residential disabled access requ
pursuant to Title 24 of the State Building Code.
All roof appurtenances, including air conditioners, shall be architecturally in
and concealed from view and the sound buffered from adjacent propel
streets, in substance as provided in Building Department Policy No. 80-(
satisfaction of the Directors of Planning and Building.
Based upon a review of the proposed grading and the grading quantities SI
the site plan, a grading permit for this project is required. The develor
standards.
Prior to hauling dirt or construction materials to or from the site, the develo
submit to and receive approval from the City Engineer for the proposed ha
The developer shall comply with all conditions and requirements the City E
may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of thii
to prevent offkite siltation. Planting and erosion control shall be pro1
accordance with the Carlsbad Municipal Code and the City Engineer.
83.
84.
85.
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87.
88.
89.
submit and receive approval for grading plans in accordance with City cc
90.
91.
92. Additional drainage easements may be required. Drainage structures I
provided or installed prior to or concurrent with any grading or building pt
may be required by the City Engineer.
93.
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located ofbite on property which neither the City nor the owner has suffi
or interest to permit the improvements to be made without acquisition oi
interest. The applicant shall conform to Section 20.16.095 of the Carlsbad :
Code.
General:
94. If any of the foregoing conditions fail to occur, or if they are, by their ter
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have
to revoke or modify all approvals herein granted, deny or further conditio1 of all future building permits, deny, revoke or further condition all certi occupancy issued under the authority of approvals herein granted, inst
prosecute litigation to compel their compliance with said conditions or seek
for their violation. No vested rights are gained by Developer or a suc
interest by the City’s approval of this RESOLUTION NO. 3815.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20th day of Septem
by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Savary, Nobl
and Compas.
NOES: Commissioners Elwin and Monroy.
ABSENT: None
ABSTAIN: None
KIM W'ELSHONS, Chairperson
CARLSBAD PLANNING COMMISS
ATTEST: dq/@+
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PLANMNG COMMISSION RESOLUTION NO. 3816
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL A HILLSIDE DEVELOPMENT PERMIT AND
EXCLUSIONS FROM THE APPLICATION OF THE HILLSIDE
ORDINANCE TO DEVELOP A 138 DWELLING UNIT
APARTMENT PROJECT ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF THE ALGA
ROAD/COBBLESTONE ROAD INTERSECTION, IN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 5.
CASE NAME: LAUREL TREE APARTMENTS
CASE NO: HDP 95-01
WHEREAS, a verified application for certain property to wit:
Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County
of San Diego, State of California, filed 5/5/89 as File No. 89-23967
of official records.
has been filed with the City of Carlsbad and referred to the Planning Commission; an
WHEREAS, said verified application constitutes a request for a
Development Permit and exclusions therefrom as provided by Chapter 21.95 of the
Municipal Code; and
WHEREAS, the Planning Commission did on the 20th day of Septemb
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testim
arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Hillside Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con
as follows:
A)
B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL of HDP 95-01, based on the following fmdi
subject to the following conditions:
That the foregoing recitations are true and correct.
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Findings :
1. That hillside conditions have been properly identified on the constraints map (Ex
dated September 20, 1995), which show existing and proposed conditions I
percentages;
That undevelopable areas of the project, Le. slopes over 40%, have been
identified on the constraints map (Exhibit “E”, dated September 20, 1995)
That the development proposal is consistent with the intent, purpose, and reqi
of the Hillside Ordinance, Chapter 21.95, in that
a)
2.
3.
The project will be located within the base of a canyon, and terra
south to north, thereby preserving the topographic integrity of th
landform;
All manufactured cut and fill slopes would not exceed 30 feet in hc
would be visually screened with landscaping and buildings;
The apartment buildings within the project have varying roof- 1
pitches;
The project’s grading volume of 8,720 cubic yardsjgraded acre is dl
“potentially acceptable”. The Planning Director and City Enginee
that the written fmdings contained on Exhibit “E”, dated September
are adequate to justify the proposed grading volume.
b)
c)
d)
4. That the proposed development or grading will not occur in the undevelopablt
of the site, pursuant to provisions of Section 21.53.230 of the Carlsbad MuniciI
in that all undevelopable areas have been identified and no development or
will occur in those areas (except for small isolated ravines and 40+% slol
which are exempt pursuant to Section 21.95.090(b)). The project site contain
small isolated ravines and slope areas of 40% and greater gradient that are
15 feet in slope height and less than 4000 sq. ft. in area. The Planning Con
finds that these areas have been fully identified and are hereby excluded 1
requirements of the Hillside Ordinance, per Section 21.95.090 of the MuniciF
5, That the project design substantially conforms to the intent of the concepts illu
the Hillside Development Guidelines Manual, in that the volume of project
proposed is defined as “potentially acceptable”, graded slopes will be
screened with landscaping and structures, structures will have varying roof-]
pitches, and adequate landscaping would be included on all manufactured !
reduce erosion.
That the project design and lot configuration minimizes disturbance of hillside
that the proposed project grading would create building pads within the b
existing canyon, that are terraced to provide views, while preserving the top
6.
PC RES0 NO. 3816 -2-
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integrity of the canyon landform. Internal driveways would also be alignec
the natural contours of the site.
Conditions:
1. The Planning Commission does hereby approve the Hillside Development 1
the HDP 95-01 Project entitled r‘ Laurel Tree Apartments”, (Exhibits “E -
in the Planning Department and incorporated by this reference, dated Septc
1995), subject to the conditions herein set forth. Staff is authorized and direct<
or require the Developer to make all corrections and modifications to the
Development Permit Documents, as necessary to make them internally corn
conform to Planning Commission’s final action on the Project. Development s
substantially as shown on the approved exhibits. Any proposed gradin
development substantially different from this approval, shall require an amendn
approval.
This project shall comply with all conditions and mitigation measures which art
as part of the approved Mitigated Negative Declaration, Site Development PI
Change, General Plan Amendment, Local Coastal Program Amendment, a
Facilities Management Plan Amendment, as contained in Planning Coi
Resolution No(s) 3810,3811, 3812, 3813, 3814, 3815.
Approval of HDP 95-01 is granted subject to the approval of the Mitigated
Declaration, GPA 95-01, ZC 95-01, LCPA 95-02, LFMP 87-05(B), and SD
If any of the foregoing conditions fail to occur, or if they are, by their ten;
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted, deny or further condition issuar
future building permits, deny, revoke or further condition all certificates of a
issued under the authority of approvals herein granted, institute and prosecute I
to compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s ap]
this Resolution.
2.
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4.
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PC RES0 NO. 3816 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Commission of the City of Carlsbad, California, held on the 20th day of September, 1
following vote, to wit:
AYES: Chairperson Welshons, Commissioners Savary, Noble, 1 Cornpas.
NOES: Commissioners Erwin and Monroy.
ABSENT: None
ABSTAIN: None
KIM WELSHONS, Charperson
CARLSBAD PLANNING COMP
/Hi& A'ITEST.
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4- PC RES0 NO. 3816
W EX TLC €lty d Culsbrd Phhg lktrr$ltrl U
A REPORT TO THE PLANNING COMMISSION
Item NO. @
Application complete date: July 28, 1995
Project Planner: Chris DeCerbc I Project Engineer: Mike Shirey
P.C. AGENDA OF: September 20, 1995
SUBJECT: GPA 95-01/ZC 95-01LCPA 95-02LFMP 87-05(B)/SDP 95-01/HDP 95-0
LAUREL TREE APARTMENTS - Request for the approval of a Mitigai
Negative Declaration, General Plan Amendment and Local Coastal Prop
Amendment from Office and Related Commercial (0) to Residential HI
(RH), and a Zone Change from Office (0) to Residential Density Multil
with a Qualified Development Overlay (RDM-Q), for an 11.99 acre s
located at the northeast comer of the future Alga Road/Cobblestone Ro
intersection in Local Facilities Management Plan Zone 5. A S
Development Plan, Hillside Development Permit and Local Faciliti
Management Plan Amendment to construct 138 residential apartment un
on the subject property are also requested.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 38
recommending APPROVAL of the Mitigated Negative Declaration issued by the Planni
Director, ADOPT Planning Commission Resolution Nos. 3811, 3812, 3813, 3814, 3815 ai
3816 recommending APPROVAL of GPA 95-01, ZC 95-01, LCPA 95-01, SDP 95-01, LFh
87-05(B), and HDP 95-01, based upon the findings and subject to the conditions contain1
therein.
11. INTRODUCTION
This application proposes a land use change and a Site Development Plan/ Hillsic
Development Permit for the development of a 138 unit combined affordable housing proje
at the northeast corner of the future Alga Road/Cobblestone Road intersection. The lar
use change is appropriate for the subject property and the project complies with i
applicable plans, standards, ordinances, standards and policies.
111. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a number of legislative actions (i.e.; General Pla
Amendment, Local Coastal Program Amendment, Zone Change, and Local Facili
Management Plan Amendment); and quasi-judicial permits (i.e.; Site Development Plan an
Hillside Development Permit) to enable the construction of a 138 unit residential apartmei
4
m 5 GPA 95-0lgC 95-01/LCPA uS-02/LFMP 87-05@)/
SDP 954lflDP 95-01 - LAUREL TREE APARTMENTS
SEPTEMBER 20, 1995
PAGE 2
project (combined affordable housing project) upon a 11.99 acre site, which is locat
approximately 770 feet to the south of Palomar Airport Road, at the northeast comer oft
future Alga Road/Cobblestone Road intersection.
This project is being proposed by the Metropolitan Area Advisory Committee (MAAC)
nonprofit affordable housing developer. The project is intended to satisfy the inclusiona
housing obligations of the Kaka Poinsettia Master Plan (MP-l77(D)) and the Marine
Point residential project (CI' 91-12) or other off-site residential developers, contingent upc
City approval of future affordable housing agreements. The prcject will include 1
apartment units affordable to low and very-low income households.
As shown on Exhibits "A" - "BB", the proposed project would consist of 23 six unit, t~ story, apartment buildings surrounded by a perimeter 30 foot wide driveway. Requir
parking includes resident and guest open parking spaces, which are evenly dispersed alo
the perimeter driveway. Common recreation/community facilities, including: a town squai
multi-purpose ball court, day care center and playground, leasing office, social service offic
community room, kitchen, and restrooms, are located near the project entryway. TI
project also contains two tot-lots, pedestrian pathways throughout (including a north-sou
trending central pedestrian promenade), courtyards, laundry rooms and maintenance stora;
structures. The apartment units are one, two, three and four bedroom and range in si
from 697 to 1278 square feet. The apartment units have a Mediterranean architectural sty1
composed of earthtone colored stucco exteriors, tile roofs with varying lines and pitches, ai
accent wood trim. All apartment units include either a patio or balcony.
Implementation of this project shall require the off-site construction of Alga Road (fi
width grading and half street improvements) from Palomar Airport Road to the project si1
Access to this project will be provided by a 72 foot wide industrial street ("A" Street), th
will intersect with Alga Road.
Topographically, the 11.99 acre site consists of a south to north trending canyon. A sme
erosional drainage swale traverses the property and exits northerly into Canyon de 1i
Encinas (Encinas Creek). Elevations on the site range from 90 feet to 183 feet above me:
sea level. The property is bordered along the west and east by the alignment of Alga Rol
and a 150' wide SDG&E easement respectively. The site is presently undeveloped and W~
previously cultivated. The property has been partially filled with farming refuse, and dun
fill. The majority of the project site (8.21 acres) contains disturbed ruderal habitat whit
is composed mostly of non-native grasses and herb species. High quality Coastal Sage Scn
(CSS) habitat (32 acres) exists within the western quarter of the property. The majority (.'
acres) of the CSS habitat is located within the right-of-way and fill slope area for Alga Roac
No wetland plant communities exist on the project site. However, the development of th
property shall require the construction of Alga Road from the project site, northerly acro:
Encinas Creek to Palomar Airport Road. Approximately .02 acres (870 square feet) (
riparian habitat (2 medium sized Arroyo Willows and 3 clumps of Willow saplings) is locate
within this road alignment.
U w
GPA 95-01jZC 95-01/L,CPA 95-02/LFMp 87-05(B)/
SEPTEMBER 20,1995
PAGE 3
SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
The project site is currently designated for Office and Related Commercial (0) developmc
and zoned for Office (0) use. In 1987, the Carlsbad City Council approved a General PI
Amendment (GPA 87-04) for the subject property from Residential Low Medium (RI
0-4 du/ac) to it’s existing Office and Related Commercial (0) designation. A General P
Amendment and Zone Change (in addition to a Local Coastal Program Amendment a
Local Facilities Management Plan Amendment) is proposed with this application
redesignate the property back to a residential land use - Residential High (RH 15-23 du/:
with Residential Density Multiple zoning with a Qualified Development overlay (RDM-(
thereby enabling the development of the proposed 138 unit apartment project on the si
The project site is surrounded by the Sudan Interior Mission residential project to the WE
and undeveloped residentially designated properties to the east (RL 0-1.5 du/ac) and so1
(RLM 0-4 du/ac). The property to the north and northwest is designated as an Unplann
Area in that planning for future land uses has not been completed or plans for developmc
have not been formalized. An agricultural packing shed and operation is local
approximately 250 feet northwest of the project site.
This proposed project is subject to the following plans, ordinances, standards and polici
A. Amendments to: 1. General Plan, 2. Local Coastal Program, and 3. Zone Chang
B. General Plan Consistency: Land Use Element (Residential High (RH) General PI
Land Use Designation); Housing Element; Circulation Element; Noise Element a
Open Space and Conservation Element;
Carlsbad Municipal Code, Title 21:
1. Chapter 21.85, Inclusionary Housing;
2.
3.
C.
Chapter 21.24, Residential Density Multiple Zone;
Chapter 21.53, Site Development Plan required for an affordable housi
project;
Chapter 21.95, Hillside Development Ordinance; 4.
Mello I1 Local Coastal Program;
Habitat Management Plan; (in process)
Growth Management Ordinance, (Local Facilities Management Plan Zone 5);
D.
E.
F.
!P W GPA 95-01/ZC 95-01/LC Y5-02/LFMP 87-05(B)/
SEPTEMBER 20, 1995
PAGE 4
G.
SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
Environmental Protection Procedures (Title 19) and the California Environmen
Quality Act (CEQA).
Iv. ANALYSIS
Staff is recommending approval of this project for the reasons stated in the staff repc
Consequently, this analysis section will: address the appropriateness of the site for 1
proposed residential land use and discuss the project’s compliance with the applicable pla
ordinances, standards and policies listed above through the use of tables and text.
A.1. General Plan Amendment
The property has an Office and Related Commercial General Plan Land Use designati
that allows the development of office and professional uses, as well as related commerc
uses. A General Plan Amendment and Local Coastal Program Amendment is prop03
with this application to redesignate the property to Residential High to enable 1
development of 138 apartment units on the property. The Residential High (RH) Land L
Designation allows the development of two and three-story condominium and apartme
developments at a density of 15 to 23 dulac with a 19 dulac growth management conti
point. The proposed 138 unit apartment project would have a net density of 15.31 dweili
units per acre. This density would be consistent with the RH land use designation a
would be below the designations 19 du/ac Growth Management Control Point.
The proposed 138 residential dwelling units would be available to be withdrawn from t
City’s Bank of Excess Dwelling Units without exceeding the Citywide and southwc
quadrant dwelling unit and population buildout caps. Accordingly, the net effect of this la
use redesignation is the elimination of 11.99 gross acres of office and related commerc
development within the City at buildout.
The proposed land use change to RH is consistent with a number of major policies foul
in the General Plan as discussed below.
Housing Element Policy 3.7.h. of the General Plan allows the City to approve General Pli
Amendments to increase residential densities to enable the development of lower incon
affordable housing through processing of a site development plan. The appropriateness
a given site for a higher density affordable housing project is to be evaluated relative to: (
the proposal’s compatibility with adjacent land uses; (2) the adequacy of public facilities; ai
(3) the project site being located in proximity to employment opportunities, urban servic
or major roads. The proposed project site meets these three criteria as discussed below.
This residential project will be compatible with surrounding lower densi
residential land use designations and projects to the south (RLM 0-4 du/ac
east (RL 0-1.5 du/ac) and west (Sudan Interior Mission), in that the propost
project would be located within the base of a canyon which is topographical
1.
W GPA 95-01/ZC 95-01L Jl! Y5-02/LFMp 87-05(B)/
SEPlTMBER 20, 1995
SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
PAGE 5
separated (between 30 and 120+ vertical feet) from the developable porti
of these surrounding residential properties. The proposed project would e
steep slopes located east and west of the project site and future Alga RC
and Cobblestone Road which are located immediately to the west and so1
The property to the north of the project site is designated as an UnplanI
Area and currently developed with an agricultural packing shed. The prop
owners have recently discussed with the City their intent of intensify
agricultural operations on the property, to include the establishment of
international vegetable exchange and regional distribution center
agricultural crops and on-site produce farming. Potential land
compatibility impacts @e. noise, hazardous materials and visual qual
associated with locating a high density residential land use adjacent to si
an agricultural use are mitigated by an intervening 72 foot wide roadway ('
Street), a perimeter wall and landscape buffer between these two u:
Additional mitigation will include a notification to future residents that t
area is subject to dust, pesticide and odors associated with adjacc
agricultural operations.
Due to the fact that this project is conditioned to: (1) build Alga Road (1
width grading and half street improvements) from Palomar Airport Road
the project site, (2) provide a non-loaded industrial street ("A" Street) leadi
from Alga Road to the project entry, and (3) provide access to the Sud
Interior Mission, project traffic will not adversely affect surround
properties. The anticipated average daily traffic (ADT) for this 138 u
apartment project is 1104 ADT. In comparison, the development of t
property with Office and Related Commercial uses would gener,
approximately 2940 ADT. Accordingly, approval of this land use change u
incrementally improve future circulation within the project vicinity.
In summary, this proposed high density residential use is compatible w
surrounding lower density residential uses to the south, east and west a
non-residential use to the north. This proposed high density residential la
use will also provide an appropriate transitional land use between the low
density residential and non-residential uses which surround it.
Converting the planned land use on the subject property from 11.99 acres
Office and Related Commercial to 138 dwelling units will affect (revise) ti
demand for public facilities, as discussed within the Growth Manageme
Section of this report. However, no public facilities impacts (shortfalls) a
anticipated because public facilities have been adequately sized
accommodate the maximum development allowed under the General Plan ai Proposition E for the Southwest Quadrant (including all dwelling units with
be buffered from surrounding residential designationsluses by undevelopa
2.
W W
GPA 95-01/ZC 95-01/LCPA 95-02/LFMP 87-05(B)/
SEPTEMBER 20, 1995
PAGE 6
SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
the City’s Excess Unit Bank). The Southwest Quadrant currently has aroui
1000 Excess Dwelling Units available for density increases for properti
within the Southwest Quadrant. The allocation of 138 residential units to tk
property simply shifts these unused excess dwelling units from one area of tl
quadrant to this site, and does not create an overall increase in demai
beyond the projections contained in the Citywide Facilities and Improvemen
Plan. Therefore, sufficient facilities are either already in place or will 1
provided concurrent with this project. As discussed above, Citywide ai
Southwest Quadrant dwelling unit caps will not be exceeded with the appro\
of this General Plan Amendment and associated 138 unit residential projei
This site is appropriate for a higher density residential use and complies wi
the General Plan locational criteria for affordable housing in that the site
located adjacent to a major roadway - major arterial (Alga Road), and is
close proximity to: (1) employment opportunities - planned industr
designated property located to the north along Palomar Airport Road a
existing industriaVoffice parks located 1 mile to the east; and (2) a futu
community park (Poinsettia) located 1/2 mile to the southwest.
This proposed General Plan Amendment also complies with Resident
Policies C.l, C.4 and C.5 of the Land use Element of the General Plan
that:
a.
3.
this land use change will enable the development of affordable housi
in the City;
multi-family uses will be located near employment centers and mal
transportation corridors; and
this higher density residential use will be located in an area where
is compatible with adjacent land uses, and where adequate pub
support systems such as streets, parking, parks, and schools i
adequate to provide service.
b.
c.
The proposal to redesignate the subject property from 0 to RH is also consistent w
Growth Management Policies C.l, C.2, and C.8 of the Land Use Element of the Gene
Plan. These policies: (a) permit the approval of discretionary actions for development 01
after adequate provision is made for public facilities and services; (b) require compliar
with all Citywide public facility and service performance standards; and, (c) require that 1
dwelling unit limitation (Citywide and quadrant dwelling unit caps) of the City’s Grov
Management Plan is adhered to.
8 W
GPA 95-01/ZC 95-01/LCPA 95-02/LFMP 87-05@)/
SEPTEMBER 20,1995
PAGE 7
SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
k2. Local Coastal Program Amendment
The subject property is located within the Mello I1 segment of Carlsbad’s Local Coas
Program. Consistent with the City’s General Plan, the Mello I1 Local Coastal Progr;
segment land use map designates the property for Office and Related Commercial (
development. Pursuant to Sections 30108.5 and 30108.55 of the California Coastal A
Local Coastal Program Land Use Plans (i.e. maps) are required to be consistent with a lot
government’s general plan. Therefore in order to attain consistency between the Cit
General Plan Land Use Map (as amended) and the Mello I1 land use map, a Local Coas
Program Amendment is required to amend the Mello I1 land use map to redesignate t
land use for the project site to Residential High (RH 15-23 du/ac).
A3. Zone Change
The property is located within the Office Zone (0) which allows the development professional offices and closely related commercial uses. With this application, a ZO
Change to Residential Density Multiple zoning with a Qualified Development over1
(RDM-Q) is proposed. The RDM Zone is a multi-family residential zone which provic
standards to enable the development of multi-family projects upon properties which i
designated for higher residential density use by the General Plan. Accordingly, the RDM
Zone would be consistent with the proposed Residential High (15-23 du/ac) General PI
land use designation for the site. The Qualified Development Overlay (Q) requires that a
development proposed on the subject property be processed via a Site Development P1
application.
The proposed Zone Change from 0 to RDM-Q is consistent with the goals and policies
the various elements of the General Plan, in that rezoning the site to RDM-Q will:
a) enable the development of affordable housing within the City (Resident
Policy C.l of the Land Use Element and Policy 3.7.h of the Housi
Element);
locate multi-family uses near employment centers and major transportati
corridors (Residential Policy C.5 of the Land Use Element); and
limit medium and higher density residential developments to those arc
where they are compatible with adjacent land uses, and where adequate pub
support systems such as streets, parking, parks and schools are adequate
serve them (Residential Policy C.4 of the Land Use Element).
b)
c)
B. General Plan Consistency
The proposed project is consistent with the policies and programs of the General Plan
discussed below.
m m
GPA 95-01/ZC 95-01/LCPA 95-02/LFMP 87-05@)/
SEPTEMBER 20, 1995
PAGE 8
SDP ~S-OI/HDP 95-01 - LAUREL TREE APARTMENTS
1. Land Use Element
As previously discussed under the General Plan Amendment section of tl
report, the proposal to develop 138 apartment units at a density of 15.31 du/
is consistent with the Residential High (RH) Land Use Designation (15-
du/ac) and Growth Management Control Point (19 du/ac).
2. Housing Element
Consistent with Housing Element Policy 3.6.b (15% Inclusionary Housi
Requirement), this project will provide 138 apartment units, all of which i
housing units will contribute substantially toward meeting the City’s Regior
Need for 2,509 affordable dwelling units over this Housing Element cyc
This project will also provide 46 three and 22 four bedroom units and
consistent with Housing Element Policy 3.2, which requires resident
developments of 10 or more affordable units to provide at least 10% of t
units with 3 or more bedrooms.
Implementation of this residential project shall require the allocation of 1
Excess Dwelling Units from the City’s Southwest Quadrant bank. 7
allocation of these excess dwelling units to this project would be consistc
with Housing Element Policy 3.8 (Allocation of Excess Dwelling Uni
because all of the 138 project dwelling units would be restricted as affordal
to low and very-low income households. Pursuant to Policy 3.8, the fi
priority for allocation of excess dwelling units is for low and very-low incoi
house holds.
affordable to low and very-low income households, The 138 affordat
3. Circulation Element
This project is consistent with many of the major policies (C.1, C.3, C.
C.17) of the Circulation Element pertaining to Streets and Traffic Control
that it will implement a number of major circulation improvements includ
the construction (full width grading and half street improvements) of A
Road from Palomar Airport Road to Cobblestone Road.
4. Noise Element
This project is located adjacent to future Alga Road and within the 60 dB(
CNEL noise contour for McClellan Palomar Airport. Accordingly, consist
with Noise Element Policy C.6, an Acoustical Analysis Report (Ogc
Environmental and Energy Services Co., 4/14/95) has been prepared for 1
project. Pursuant to Noise Element Policy C.5, the exterior and interior nc
levels for all residential units should be mitigated to 65 dBA CNEL and
GPA 95-01/ZC 95-01/L a I % 7A2bFMP 87-05@)/ 0
SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
SEPTEMBER 20, 1995
PAGE 9
dBA CNEL respectively. In order to adequately mitigate project exterior a
interior noise levels the following measures will be incorporated into 1
project:
a. a 6 foot tall sound wall constructed along the top of the Alga Road
slope;
mechanical ventilation and a closed window condition for the majoi b.
of the units located adjacent to Alga Road; and
the recordation of a notice that the property is subject to overflit
sight and sound from aircraft operating from Palomar Airport.
c.
These mitigation measures have been conditioned to be incorporated into the projc
5. Open Space and Conservation
This project is consistent with the Open Space and Conservation Eleme
Specifically: (1) no encroachment into open space identified on the Offic
Open Space and Conservation Map is proposed; (2) pursuant to the Zon
Local Facility Management Plan, the adopted performance standard for 01
Space for Zone 5 has already been met; and, (3) this project has bc
conditioned to provide a 20 foot wide easement for the future construction
City Trail Segment #30 along the eastern side of the property.
C. Carlsbad Municipal Code
1. Chapter 21.85 - Inclusionary Housing
The City's Inclusionary Housing Ordinance, identifies this project a!
"combined inclusionary housing project". A "combined inclusionary hous
project" is defined as a contractual relationship whereby some or all of
inclusionary units associated with one development are produced i
operated at an alternative site. This arrangement is allowed by the ordinan
subject to the approval of the final decision making authority of the City. 1
construction of a combined inclusionary housing project is limited to SI
within the same City quadrant in which the market rate units are located
sites which are contiguous to the quadrant in which the market rate units
proposed. Based upon this requirement, the Laurel Tree apartment pro]
could only satis9 the inclusionary obligations for residential proposals wh
are located in the Southwest Quadrant. In this case, both the Kaiza Poinse
project and the Mariners Point project are located in the Southwest Quadri
STANDARD REQUIRED
10,000 sq. ft. Lot Size
Lot Width 60 feet
Lot Coverage 60% max.
Front Yard Setback 10-15 feet
Street Side Yard Setback 5-10 feet
Side Yard Setback 5 feet
Rear Yard 10 feet
Building Height 35 feet
PROPOSED
11.99 acrl
510 feet
18.1%
15 feet
90 feet m
70 feet IT
95 feet
35 feet
GPA 95-0l/ZC 95-01/LC@ -02/LFMP 87-05@)/ 0 SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
SEPTEMBER 20, 1995
PAGE 11
The project includes adequate on-site parking (265 resident spaces and
guest spaces) in compliance with the City’s Parking Ordinance, and efficic
circulation (minimum 30 foot wide driveways) to serve the needs of projl
residents and guests. Therefore, this project would not impact the availabil
of offsite street parking. A pedestrian circulation system, that is separai
pedestrian access throughout the project. Sidewalks will be provided along 1
project’s street frontages to provide access to and from the project. 1
project is also conditioned to provide adequate emergency access, includi,
(1) an interim emergency access leading from the northeast comer of t
property northward along Laurel Tree Lane: and, (2) a future emerger
access, leading from the southeast corner of the site to Cobblestone Ro;
The project has been reviewed and conditioned by the Fire Department.
from the project driveways, is also provided to allow sufficient and s
Potential project visual impacts to the Palomar Airport Road scenic corric
will be adequately addressed through heavy perimeter project landscapii
building heights being restricted to an average of less than 30 feet and
maximum of 35 feet (only 1 building), the use of earthtone colors on buildj
exteriors, and the project’s horizontal separation (between 650 and 890 fef
from Palomar Airport Road. The provision of a 6 foot tall screen wall (no
wall), landscaping and a 4 to 36 foot grade differential along Alga Road WOI
adequately screen the project’s structures and parking areas from Alga Ro;
Chapter 21.95 - Hillside Development Ordinance:
The project design is in conformance with the overall intent and developme
and design provisions of the Hillside Development Ordinance. The propos
project grading would create building pads within the base of an existi
canyon that are terraced from south to north, to provide views wh
preserving the topographic integrity of the canyon landform. None of t
manufactured cut and fill slopes would exceed 30 feet in height and all wou
be visually screened with landscaping and buildings. The buildings ha
varying roof lines and pitches. Internal driveways have been aligned to follc
the natural contours of the site.
The project site’s hillside slope conditions and undevelopable areas have be
identified on the Constraints Exhibit “F“, dated September 20, 1995. 1
shown on Exhibit “F, in addition to the slopes subject to the Hillsic
Ordinance, the project site contains: (1) several small isolated slope areas
greater than 40% that are less than 15 feet in height and less than 4000 s ft. in area; and, (2) several small isolated ravines which are otherwi
environmentally unconstrained. Pursuant to Section 21.95.090(b) of tl
Hillside Development Ordinance, these areas are being recommended f
4.
exclusion from the requirements of the ordinance,
GPA 95-01/ZC 9541/LC@ -02/LFMP 87-05(B)/ 0 SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
SEPTEMBER 20, 1995
PAGE 12
The project's grading volume of 8,720 cubic yards per graded acre is defir
as "potentially acceptable" under the Hillside Ordinance. The Plann
Director and City Engineer concur that the written findings contained
Exhibit "E', dated September 20, 1995, are adequate to justify the propo:
grading volumes.
Mello I1 Local Coastal Promam:
The project is located within the Coastal Zone and complies with
requirements of the Coastal Overlay Zone (for Mello 11) as follows:
1.
D.
Mello I1 contains a policy pertaining to the preservation of steep slo
(25% gradient and greater). Steep slopes which possess endange
species and/or Coastal Sage Scrub and Chaparral plant communit
(referred to as "dual criteria slopes") are to be preserved in th
natural state when such preservation would not preclude i
reasonable use of the property. A 10% encroachment into identif
"dual criteria slopes'' may be permitted in cases where application
the 25 % slope/sensitive habitat restriction would be "unreasona
restrictive". This policy does not apply to the construction of roi
identified on the City's Circulation Element (Alga Roa
Additionally, development of "dual criteria slopes" may be permit1
slopes (which are not dual criteria) encroachment may be permitr
subject to specific findings.
As shown on Exhibit "G, 2.443 total acres of the subject propee
comprised of steep slopes (25% and greater). The construction
Alga Road (which is exempted under this policy) will impact 1.152
these acres (including .091 acres which are "dual criteria"). Of
remaining steep slope acreage (1.291 acres), .01 acres are "dual crite
slopes". The project will encroach into .01 acres (9.9%) of "dl
criteria slopes". This "dual criteria slope'' encroachment does r
exceed the permitted 10% encroachment, is necessary to provide aca
to flatter (developable) areas of the property, and would
unreasonably restrictive not to allow it.
The appropriate findings can be made to allow the development of
other steep slopes (1.281 acres) as discussed below:
a.
to provide access to flatter (developable) areas. For all other ste
A soils investigation has been conducted (San Diego Sc
Engineering, August 1985) which determined that the slc
areas are stable and grading and development impacts i
mitigable for at least 75 years;
0 0
GPA 95-01/ZC 95-01/LCPA 95-02/LFMP 87-05@)/
SEPTEMBER 20, 1995
PAGE 13
SDP 95-01fHDP 95-01 - LAUREL TREE APARTMENTS
b. The grading of the small, isolated steep slope areas is necess
to enable the development of a well designed, functional i
safe affordable housing project;
As verified by the Biological Survey for the project (AE
Hayworth, March 1995), the proposed slope disturbance will
result in significant impacts to major wildlife habitat or nai
vegetation areas or interrupt significant wildlife corridors;
The steep slope area proposed for development is considera
less than 10 acres in area (1.281 acres); and
Pursuant to the Mitigated Declaration for the project, da
July 7, 1995, all project environmental impacts have be
mitigated.
C.
d.
e.
2. The project site is located in the Coastal Agricultural Overlay 25
(Site 11) of the Mello Segment of Carlsbad’s Local Coastal Progr
and contains prime agricultural soil (Class 11). Accordingly, *
project has been conditioned to mitigate the conversion of this pri
agricultural land to a residential use.
In that a 72 foot wide street (“A” Street) separates the project from
adjacent agricultural use to the north, development of the site wo
not preclude or negatively affect agricultural development on 1
adjacent property.
The project will include an on-site de-pollutant basin located in
northeast corner of the site to control drainage and prevent eros
into Encinas Creek.
3.
4.
E. Habitat Management Plan
As shown on Exhibit “F, implementation of this project would impact
acres of high quality Coastal Sage Scrub (CSS) habitat. Of this total, .74 ac
is located within the right-of-way or fill slope area for Alga Road (a C
Circulation Element Road). The remaining .07 acres of CSS is located wit1
the specific project limits. One pair of California gnatcatchers was obsen
on the property using the CSS and other CSS located to the west of
property. In that CSS has protected status and the California gnatcatche
federally listed, this project impact is significant and requires mitigation.
The City is developing a procedure, consistent with section 4(d) of
endangered species act, to allow for the take of CSS prior to the complet
0 0
GPA 95-01/ZC 95-01/LCPA 95-02/LFMP 87-05@)/
SEPTEMBER 20, 1995
PAGE 14 -
SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
and approval of a subregional Natural Communities Conservation Plann
program (NCCP). This draft procedure would include the requirement
the City to: establish the base number of acres of CSS habitat in
subregion, calculate 5% for the interim habitat loss, and keep a cumulai
record of all interim habitat losses. Consistent with this draft take procedi
a number of findings would be required to be made to allow this projec
take CSS, as discussed below:
1. As discussed below, the proposed habitat loss is consistent with
NCCP Conservation Guidelines. Although, no take permit is be
approved with this discretionary action, the required findings can
shall be required to apply for and be granted a 4(d) take permit.
The City of Carlsbad has calculated that 5% of the base acreagc
CSS is 165.70 acres. As of August, 1995, 19.38 acres have been tal
The loss of CSS due to the Laurel Tree project and Alga Road I
acres) would result in a cumulative habitat loss of 20.2 acres for
HMP area when all approved losses are accounted for. This loss d
not exceed the 5% guideline of 165.7 acres.
The .82 acre take area is located within Preserve Planning Are
(PPA4) of Carlsbad's Habitat Management Plan (HMP). This hab
loss will not preclude connectivity between areas of high habitat val
since PPA4 is not included as a part of a Linkage Planning Area. I
HMP notes that the PPA4 core areas contain only limited habitat
target birds, mammals and herptofauna and only make a lim
contribution to the overall preserve system. The core area patche
habitat may provide some value as stepping stones facilitating dispe
and movement of wildlife between core areas in adjacent PPA's.
conclusion, the project will not inhibit connectivity from north to sc
or east to west in that the core CSS covered 40% slope areas loc;
east and west of the project and Encinas Creek, which is located to
north of the project, will be preserved in open space.
The habitat loss will not preclude or prevent the preparation of
subregional NCCP plan or HMP in that the area is not a part t
Linkage Planning Area; makes a limited contribution to the ove
preserve system; and, will not impact the use of habitat patchei
stepping stones to surrounding PPAs.
The habitat loss has been reduced or mitigated by the design of
project, in that the majority (90%) of the habitat loss results dire
from the construction of Alga Road. The applicant is proposin;
made. Prior to the issuance of a grading permit, the project applic
2.
3.
4.
5.
0 e
GPA 95-01/ZC 95-01/LCPA 9542/LFMP 87-05@)/
SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS SEmMER 20,1995
PAGE 15
mitigate this impact by purchasing for preservation, 1.64 acres of C
habitat within the high quality CSS area located in the Carlsb
Highlands mitigation bank. In that Alga Road (a City Circulati
Element Road) would be constructed even in the absence of 1
Laurel Tree project, it and the project would qual@ for first prioi
use of the City’s 165.7 CSS take acreage.
The loss of CSS habitat on the Laurel Tree property will I
appreciably reduce the likelihood of the survival and recovery of 1
California gnatcatcher for three reasons. First, as noted above, lai
blocks of habitat will not be lost and fragmentation will not occ
Second, the Laurel Tree property is at the periphery of a si
population of the gnatcatcher; it is not in the center where the loss
habitat would be more important. Finally, it is not certain that 1
pair of gnatcatchers will be disturbed to the point of abandoning 1
site. Enough habitat will be preserved in the immediate area that 1
single pair may be able to continue occupying the area. The loss
the pair, if it occurs, would result in the loss of less than 1 percc
(0.0067) of the City of Carlsbad HMP estimated subpopulation.
The habitat loss is incidental to otherwise lawful activities. 1
development of the Laurel Tree property is a legal propoz
Mitigation for impacts to CSS habitat are proposed to be accomplish
through purchase of equal or better habitat at an off-site location. 7
proposed mitigation area (Carlsbad Highlands) has been previou
accepted as an appropriate mitigation site by the Califon
Department of Fish and Game and the U.S. Fish and Wildlife Servi
6.
7.
development for which all required permits shall be obtain1
F. Growth Management:
The proposed project is located within Local Facilities Management PI
(LFMP) Zone 5, which is located within the center of Carlsbad at 1
intersection of the City’s four quadrants. The existing Zone 5 LFI
(approved in June, 1987) evaluates public facilities and services needed
serve the buildout of this area of the City, which is comprised exclusively
nonresidential land uses. Implementation of this 138 unit residential proj
requires an amendment to the Zone 5 LFMP. The LFMP amendmen!
analyze the facility impacts associated with converting the use on this Zc
5 property from commercial to residential.
Buildout of the Laurel Tree property under its existing Office and Relai
Commercial land use would result in the development of approximat
(i
necessary to revise the buildout projections of the Zone 5 Facility Plan a
8-
GROWTH MANAGEMENT COMPLIANCE
0 F F I C E RESIDENTIAL COMPLZANCE IMPACTS IMPACTS STANDARD
City Administration N/A 511 sq. ft. Yes
Library N/A 273 sq. ft Yes
Waste Water Treatment 81.67 EDU 138 Yes
Parks $73300 1.02 acres Yes
Drainage NIA N/A Yes
Circulation 2940 ADT 1104 Yes
Fire Station #4 Station #4 Yes
Open Space N/A N/A Yes
Schools $36,750 CUSD' Yes
Sewer CoUection System 81.67 EDU 138 Yes
Water 223500 GPD 34300 Yes
Srnce th~~ project requires a legslative action (General Plan Amendment), it HnlI be subject to schooI
GPA 95-01/ZC 95-01/LCe 02/LFh@ 87-05(B)/ m SDP 95-01/HDP 95-01 - LAUREL TREE APARTMENTS
SEPTEMBER 20, 1995
PAGE 17
of approval to this project. This decision was based on findings of the Environmenl
Impact Assessment Part 11, a Biological Survey, an Acoustical Analysis, a Soils ai
Geotechnical Investigation, Cultural Resources Survey, Preliminary Drainage Study and
site survey by staff. A Mitigated Negative Declaration was issued by the Planning Direct
on July 7,1995. There were no letters of comment received during the public review pen(
for this Mitigated Negative Declaration.
ATTACHMENTS
1.
2.
3.
5.
6.
7.
8. Location Map
9. Background Data Sheet
10.
11. Disclosure Statement
12. Reduced Exhibits
13.
Planning Commission Resolution No. 3810
Planning Commission Resolution No. 3811
Planning Commission Resolution No. 3812
Planning Commission Resolution No. 3814
Planning Commission Resolution No. 3815
Planning Commission Resolution No. 3816
4. Planning Commission Resolution No. 3813
Local Facilities Impact Assessment Form
Full Size Exhibits “A - “BB”, dated September 20, 1995.
CD:kcxd
0 m
BACKGROUND DATA SHEET
CASE NO: GPA95-01/ZC95-01/LCPA95-02/LFMP87-05(B)/SDP95-Ol/HDP95-01
CASE NAME: LAUREL TREE APARTMENTS
APPLICANT:
REQUEST AND LOCATION: General Plan Amendment and Local Coastal Prom
Amendment from Office and Related Commercial (0) to Residential High (RH) and a ZO
Change from Office (0) to Residential Density Multide with a Oualified Development Overl
RoadKobblestone Road intersection. A Site DeveloDment Plan. Hillside DeveloDment Pen
and Local Facilities Management Plan to construct 138 residential apartment units on the pope
is also reauested.
LEGAL DESCRIIPTION: Parcel 1 of Parcel MaD No. 15661. in the City of Carlsbad. County
San Diego. State of California, filed 5/5/89 as File No. 89-23967 of official records.
APN: 212-040-46 Acres 11.99 Proposed No. of Lotspunits 138 units
Metrowlitan Area Advisory Committee (MA AC)
dl
GENERAL PLAN AND ZONING
Land Use Designation Existing: Office and Related Commercial (0); Proposed: RH
Density Allowed 19 du/ac Density Proposed 15.31 du/ac
Existing Zone Office (0) Proposed Zone RDM-O
Surrounding zoning and Land Use: (See attached for information on Carlsbad's bni Requirements)
zoning Land Use
Site Existing: 0,
Proposed: RDM-Q Undeveloped
North E-A Agricultural
packing shed
South R- 1 - 10-Q Undeveloped
East R- 1 - 10-Q Undeveloped
West L-c Residential
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 138 EDUs
Public Facilities Fee Agreement, dated December 7. 1994
ENVIRONMENTAL IMPACT ASSESSMENT
X
Other,
Mitigated Negative Declaration, issued July 7. 1995
Certified Environmental Impact Report, dated
L
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Laurel Tree Atmtments - GPA 95-01lZC 95-01LCPA 95-021
LFMP 87-05tB)/SDP 95-01lHDP 95-01
LOCAL FACILITY MANAGEMENT Z0NE:L GENERAL PLAN: RH
ZONING: RDM-0
DEVELOPERS NAME: Metrowlitan Area Advisory Committee (MAAC)
ADDRESS: 140 West 16th Street. National City. CA. 91950
PHONE NO.: (619) 474-2232 ASSESSOR'S PARCEL NO.: 212-0404
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 138 DUs
ESTTMATED COMPLETION DATE:
c
--d
DIscu)suRESA-
AwuwJw8 aTAtaYEcTW - OCcenAEl oIIJNB#, - wALL-no@umYOlrrm#QuW
~~o)IITHE?Rt~THEQlrl~ocIAmrycolwlED#ycp.~oR~
mmo plkro
Tho following infomrtlon mu# bo discbed:
1. APDjCSm
List the nmor and rddrorsm of dl persons hrvlng a lltmmid hterat In the Wpka!ian.
MPtrnnnl Itan Area Wsnrv ~CII, xnittee QP Anti - r)nvey+y of Su Um!C
140 W. 16t h Street
hational Citv, CA 91950
I
2Q!!!!!w
List tho names and addrwses ala pwsom having my OWllonhlQ intwost in the property We
C/O Spiers Enterprises -
23 Corporate Plaza g139 .
Newport Beach, C4 92660
11r~1 Tree 1nvPsmt.s- L.P.
i
*
3. tf any penotr MscltMed pwwrntto (1) or@) abc~Is8- 01 outnenhlp, Ikttho nma of ell indivtduak owning mor0 thur 1- dm sham8 hUw cocporrtron 01 Ownlna ury partnerst
partnanhip. .
lhxidlt w- - Tnw-
23 Corporate Plaze, Suite 139 1520 NWJIEQ Place, Suite lOOC
c Newport Beach, CA 92660 costa Mesa, CA 92626 .
4- tfanypwm Montihdpuraumtto(1)a(2) abmmb8~~aaww& W
addmum aluypsnorr mdn~ Q) OlbolrordlnetorOlPr~orgmbWn orrrtruma thatnut See attached list of MAAC Board of Directors .
I
FRMOOOI 12/91 ---- __ L. I_ -- --* L , . , e ..- -I- "a_^^ -__ --
0 e
(ow
bltcco8un SMefnm
5. Ham you h8d mom than $250 wd) ot bu8iness gMsaChd With my mber of CHy
COmiSSjQm, &r?mi#ee# md council witnifl tn8 pest Wdw mOMr7
Yes - No zxff yw, please indi- pan(.)
Pmwq isddimd Y: '&lYlndWwl(Irm. - Jdn-. - .od.l dua - 0rgnh.larr. aarpordocl. c SY-. )rlr u4 W0-f c0urr)r. e& nd WUdY. oly mpmay, - or ouwplolllcrl wrbdk(rrorr, ory oyu gcwp OIm
Urd'
(NO= 1JI.dl ala- prolr u mcaufy.)
- v--- L /"/dY9f
Signature at OwwriCrata sinsturn k epplic~tldate
Ddward Nicholas, Cnalrpe
rs Print or type name of owner Print dl typa name ol applicant
FRMOOOI 1Nt
0 W
MAAC PROJECT BOARD OF DIRECTORS
EDWARD NICEOLA8 - CEAIRPERSON
DELFIN LABAO - VICE-CHAIRPERSON
DOLORES ADAME - SECRETARY
JUAN RODRIQUEZ - TREASURER
1) Anthony Venegas Stadium Technician
90 E. Naples Chula Vista, CA 91910 525-8273 (work)
691-1219 (home) 6/77
2) Ernest0 Athocar
Retired
National City, CA 91950
1615 Lanoitan Avenue
267-4741 (home) 4/74
3) Dolores Adame
Community Activist 250 E. Park Avenue San Ysdiro, CA 91973
428-1618 (home) 7/82
4) Delfin Labao
Ret ired
1901 Gamma Street
National City, CA 91950
262-2197 (home) 8/74
5) Manuel Camacho Teatro Musical Director
3717 Meade Avenue San Diego, CA 92116
281-8262 (home)
474-5270 (work) 6/76
6) Edward Nicholas
High School Coach
2312 "F" Avenue National City, CA 91950 477-5726 (home) 1/81
e 0
7) Victor Resendez
Principal, Penn Elementary
3932 Palm Drive Bonita, CA 91902
575-5962 (work) 472-0060 (home) 6/78
8) Juan Rodriquez Nursery Worker 2212 Primosi, Apt. 5 Vista, CA 92083
598-9863 (home)
727-2492 (work) 7/87
9) Annie Arroyo
Tax Compliance Officer
327 W. Barbier Drive
Vista, CA 92083
465-3958 (home) 284-9913 (work) 3/90
10) Lorraine Espinoza Student Library Assistant California State University
4328 Rainier Way, PF Oceanside, CA 92057
752-4330 (work) 4/94
722-8292 (home)
_--- -
EXHlBl a w
PLANNING COMMISSION September 20,1995 PAGE
2. GPA 95-01QC 95-01/LCPA 95-02ILFMP 87-05(B)/SDP 95-01/HDP 95-01 - LAUREL TF
APARTMENTS - Request for the.approva1 of a Mitigated Negative Declaration, General Plar
Amendment and Local Coastal Program Amendment from Office and Related Commercial (
Residential High (RH) and a Zone Change from Office (0) to Residential Density Multiple wi'
Qualified Development Overlay (RDM-Q), for an 11.99 acre site located at the northeast cor
the future Alga Road/Cobblestone Road intersection in Local Facilities Management P\an It
Site Development Plan, Hillside Development Permit and Local Facilities Management Plan
Amendment to construct 138 residential apartment units on the subject property are also rec
Chairperson Welshons advised the applicant that if the Planning Commission recommends approi
item tonight, it will be forwarded to the City Council for their consideration.
Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that the applic
requesting approval of several discretionary entitlements for an 11.99 acre site located 800 south 1
Palomar Airport Road between existing Laurel Tree Road and Alga Road. He gave a slide preseni
about the project and explained the various actions being requested to develop an affordable housi
project on the subject property. The Laurel Tree project is being proposed by the Metropolitan Are:
Advisory Committee (MAAC), a non-profit affordable housing developer. It will consist of 138 apai
units at a density of 15.31 units per acre which will be affordable to low and very low income housc
Mr, DeCerbo Stated that the affordable housing project is intended to satisfy the inclusionary housil obligations for the Kaiza Poinsettia Master Plan and the Mariner's Point residential project which is
in Zone 20. The project consists of 23 6-unit, 2-story apartment buildings designed in a Mediterral
architectural style which are surrounded by a perimeter 30' wide driveway. Required resident and !
parking is evenly disbursed along the perimeter driveway. The apartment units range in size from
bedrooms and each unit includes a patio or balcony. The project includes significant common recr
facilities, including a town square, a multi-purpose ball court, two tot lots, a daycare center and
playground, a community center, landscaped passive recreation courtyards, and pedestrian pathw: throughout. The project will be accessed by a 72' wide street that will intersect with Alga Road to tt
This project has also been conditioned to construct Alga Road, including full width grading and hal,
improvements, from Palomar Airport Road to the project site.
Mr. DeCerbo stated that the existing site is bordered by the Sudan Interior Mission and the Ukegaw
Brothers packing shed. The property has been disturbed with the import of farming refuse and son
fill over the years. Most of the site contains non-native vegetation with the exception of a small are
contains coastal sage scrub.
Mr. DeCerbo stated that the required findings can be made to support the proposed land use chang
Office and Related Commercial to Residential High. This residential use will be compatible with
surrounding lower density uses located to the south, east and west of the property. Excluding the 5
Mission located to the west, there is no surrounding residential development. The residential proje
compatible with the non-residential use to the north in that a 72 wide road, perimeter wall, and Ian(
buffer will be located between these uses. The proposed use will provide an ideal transitional land 1
between the agricultural packing shed operation located to the north and the lower density residenti
to the south, east, and west of this project. Converting land use on a property from office to 138 res
units will revise the need for public facilities, however no impacts are anticipated since sufficient faCi
are either already in place or will be provided by the project. An example would be that the project i:
required to construct Alga Road from Palomar Airport Road to the south. There also exists adequa
dwelling units within the City to allocate to the project without exceeding any of the Citywide or quac
dwelling unit caps.
Mr. DeCerbo stated that this project complies with the General Pian criteria for affordable housing, ii
the project is adjacent to a major arterial and employment opportunities located to the north and eas
MINUTI -
0 a
PLANNING COMMISSION September 20, 1995 PAGE 10
Palomar Airport Road. It is also located within 112 mile of the future Poinsettia Park, which just had it!
groundbreaking. If the proposed General Plan Amendment is approved, the Local Coastal Program
Amendment proposed with the application is necessary to ensure consistency between the City's amei
General Plan and the City's Mello II Local Coastal Program. He stated that the project is proposing a 2
consistent with the RH high density General Plan designation.
Mr. DeCerbo stated that staff's analysis of the project concludes that the project is in compliance with t
General Plan, the Zoning Ordinance, including the RDM-Q zone, the inclusionary housing provision c
Title 21, the Hillside Ordinance, the Mello II Local Coastal Program, and the City's growth managemer
program. Additionally, the project has been designed and conditioned to mitigate all identified
environmental impacts. Staff recommends approval.
Commissioner Monroy requested staff to elaborate on items a, b, and c, page 9, of the staff report. Mr
DeCerbo replied that these measures are needed to meet the City's noise standards of 60 dBA CNEL
exterior and 45 d8A CNEL interior.
Commissioner Monroy inquired if the closed window condition in item b meets the City's fire standard.
DeCerbo replied that windows need only be closed along the Alga Road frontage.
Commissioner Monroy inquired if the windows can be popped out in the event of an emergency. Pat
Kelley, Principal Building Inspector, replied that the windows are not inoperable. They are only kept st,
avoid noise and an air conditioner would be installed for ventilation.
Commissioner Monroy inquired how close the power lines are to the buildings. He is concerned about
effects of EMF. Mr. DeCerbo replied that the power lines are 20-50' from the buildings. Staff did not
request surveys for EMF because it is the City's policy to only monitor research until the federal or statt
government adopts standards regarding EMF.
Commissioner Erwin stated that the City's noise element calls for 60 dBA CNEL yet item c on page 4 o
Resolution No. 3815 states 65 dBA CNEL. Mr. DeCerbo replied that noise must be mitigated to 60 dB1
CNEL. Page 8 also states 65 dBA CNEL.
change from Office to RDM-Q. The RDM-Q is the City's primary multi-family use zone. It would be
Commissioner Nielsen inquired if any of the units will serve handicapped persons. Mr. DeCerbo repliec
that only the ground floor can accommodate handicapped.
Commissioner Savary is concerned about the availability of schools. The growth management plan st:
that schools are expected to be available when the units are occupied. Mr. DeCerbo replied that the pri
is conditioned to pay school fees the same as Zone 20. The only schools are Aviara Oaks and the futu
junior high school. The school district has set the school fees and they say the fees are adequate.
Commissioner Nielsen stated that he heard the Superintendent of Schools address a meeting this week
and the school district plans to bring in portable buildings at the current junior high school to satisfy the
need for additional facilities.
Chairperson Welshons inquired if there will be other school sites. Mr. DeCerbo replied that the Abada
property may be a school site but it has not been acquired yet.
Chairperson Welshons inquired how far the Abada property is from the Laurel Tree site. Mr. OeGerbo
replied that it is less than one mile.
MINUTES
W
PLANNING COMMISSION September 20, 1995 PAGE
Chairperson Welshons inquired how long it might be until another school could be built. Mr. DeCe
replied that there are several projects coming forward. He cannot estimate the time but thinks mar
these will be mrnpleted when a school is opened.
Chairperson Welshons inquired when the park will be completed. David Hauser, Assistant City En
replied that the City is working on the park site now. The Sambi project is conditioned to construct
Valley all the way to Palomar Airport Road. They should be pulling their grading permits this comi
week. He noted that the Abada property has not yet been purchased by the school district. He knc
they are looking at other sites as well. There is also another project between Laurel Tree and Sam1
Staff is reviewing now but a time frame has not yet been established.
Chairperson Welshons inquired how many parking spaces there will be per unit. Mr. DeCerbo rep1
the one bedroom units will be allocated 1.5 spaces. All other units will have 2 spaces. There will a
guest parking.
Chairperson Welshons inquired why the parking spaces are not covered. Mr. OeCerbo deferred re
to the applicant.
Chairperson Welshons inquired if Kaiza has covered parking. Mr. DeCerbo replied that they have c
Chairperson Welshons inquired how many people are expected to live in the 138 units. Mr. DeCerb
replied that they expect to house 500 persons on the 11.99 acre site.
Chairperson Welshons inquired if staff looked at issues associated with having a ball court in such c
proximity to the daycare center. Mr. DeCerbo replied that there is a separate daycare playground a:
as a ball court and two tot lots. This would be a question for the applicant.
Chairperson Welshons inquired if Zone 5 is paying in-lieu park fees. Mr. DeCerbo replied that there
standard condition for this purpose.
Chairperson Welshons stated that Resolution No. 381 0 states that there will be visual screening. St
inquired if there will be screening on the interior of the wall as well. Mr. DeCerbo replied yes. It is ir
on the landscape plan.
Chairperson Welshons invited the applicant to speak.
Jack Henthorne, 5431 Avenida Encinas, Suite J, Carlsbad, addressed the Commission and stated tt
their noise study indicates that noise will be mitigated to 60 dBA CNEL or less. The power lines are
located 25' from the edge of the easement. The minimum distance is 125' and it goes out to 175'. H
compared it to the La Terraza project where the power lines are only 75' away. Laurel Tree has prov
twice that amount. Mr. Henthorne then showed slides of the site and pointed out future projects whic
planned for adjacent areas. He stated that Poinsettia Park should be open in September 1996. The
Tree Project will begin construction in June 1996. By the time the project is ready for occupancy, tht
site will be usable. Mr. Henthorne stated that vans will be available from MAAC to transport children
nearby schools. He reviewed the project in further detail discussing recreational amenities, public
transportation, environmental issues, and the overall economic feasibility of the project.
Sylvia Martinez, 1770 Fourth Avenue, San Diego, addressed the Commission and stated that she is 1
Project Manager for MAAC. She reviewed the history of MAAC which provides housing opportunitie!
families with incomes between $1 2,000 and $30,000. They support working families with children an
provide child care on site. She has contacted many of the employers in the area and there is a signil
interest in the project because many local employees live outside Carlsbad and commute. MAAC prL
an on-site manager, a Head Start program, and an on-site Community Services Coordinator. Resid
MINUTE
0 W CORRECTED
PLANNING COMMISSION September 20, 1995 PAGE
must be employed. Full-time college students are not allowed. MAAC estimates that 90% of their
residents will have their own vehicles so the need for public transportation is minimal.
Steve Cupps, Catellas Development, 1262 Kettner Boulevard, San Diego, addressed the Commissic
stated that he is the financial consultant to the MAAC Project. Mr. Cupps reviewed the financial
considerations of the proposed project and the highlights of the project since its inception. He state the City of Carlsbad provided the first $500,000 as a loan to get the project started. Then in 1994, E
America committed $2.6 million in construction and permanent financing. In February 1995, the L;
Tree team approved the inclusionary housing agreements with Bramalea and Kaiza Poinsettia, whit
those inclusionary housing agreements. Also, in June 1995, the Federal Home Loan Bank approve
allocation of $550,000 in additional funds. This was the only San Diego project to receive such an
allocation. The application was particularly noted for the innovative financing structure involving Br
and Kaiza Poinsettia and the way $500,000 of local funds was leveraged into $2.8 million of private
funding commitments. In September 1995, the City Council approved the inclusionary housing
agreements and last week he filed the HOME application with the State of California for an addition
$550,000 in project funding. Everything is now in place and the only items left are the land use apF
which are required in order to file the tax credit application. He urged the Commission's approval tc
in order to meet the stringent time schedules needed to file the competitive tax credit application in
December 1995.
Commissioner Erwin inquired about the cost per unit. Mr. Cupps replied that each unit costs betwe
$1 10,000 to $1 15,000. That includes soft costs particular to these types of projects.
Commissioner Erwin inquired how the tax credit works. He would like to know if the applicant recei
principal back at the end of 15 years. Mr. Cupps replied that the applicant's investment is made 101
tax savings. When they apply for tax credits to the state, a $1 million allocation yields $500,000 to
$600,000 in equity. The return is totally derived from tax savings. There is no repayment of the eqi
The tax credit program generates the yield on the investment.
Jack Henthorne returned to the podium and concluded his presentation by reiterating the amenities
provided with the project. He requested the Commission's approval.
resulted in an additional $2.8 million of commitments. In June 1995, the Housing Commission app
Commissioner Noble has questions regarding transportation issues but it seems that they are not
applicable at this time. Mr. DeCerbo replied that is correct.
Commissioner Erwin inquired if the application would accept an amendment to the condition which
that noise levels will conform to the noise element policy of the general plan. Mr. Henthorne replied
could accept the wording.
Commissioner Erwin disclosed that he had a tnbbting telephone conversation with Ms. Martinez
yesterday and he voiced some concerns which have not yet come forward tonight. He is specificall:
concerned about air traffic over residential areas. He is also concerned about segregating this
development away from the main stream residential neighborhoods. Mr. Henthorne replied that SA
advised them in 1992 that this use is satisfactory at this location because it compliments surroundin
uses. There are many projects now in planning for adjacent areas which will also compliment this p
Commissioner Nielsen inquired if a Phase I Environmental Impact Report has been done. Mr. Hent
replied yes.
Commissioner Nielsen inquired if it resulted in any mitigation for Phase 11. Due to the dump site, thc
must be removed and replaced.
MlNUT
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PLANNING COMMISSION September 20, 1995 PAGE
Commissioner Compas inquired about the price of the units. Mr. Henthorne replied that the units i
for sale. This is a rental project.
Commissioner Monroy inquired if current residents of Carlsbad will have the highest priority for thc
Sylvia Martinez, MAAC Project, replied that the City's CHAS document states that the highest neec
priority IS low income renters. Since federal funds are being used for the project, they cannot use 1
residency as a requirement for residence.
Richard Juarez, MAAC Project, addressed the Commission and stated that MAAC will be targeting
discrimination. They will begin advertising for tenants in Carlsbad and work their way into surroun
employment centers within Carlsbad as a major source of residents. However, there can be no
areas. They can control how they spread to other areas.
Chairperson Welshons inquired if the project will also receive money from Head Start. Ms. Martine
that MAAC is already a Head Start provider. They also have good relations with the other Head St
contractor in San Diego County which is Neighborhood House Association. This will be an excellei
location for a Head Start Center.
Chairperson Welshons inquired if there are certain requirements in the recreation layout needed to
for Head Start. She would like to know if the tot lot area overlapping the adult ball court meets the
necessary requirements. Ms. Martinez suggested that a removable fence might be installed which 1
be used while classes are in session. The fence can be removed after hours and on weekends.
Chairperson Welshons inquired if the recreation area is adequate for the three classrooms. Ms. Ma
replied that it is sufficient.
Chairperson Welshons inquired about MAAC providing transportation for children going to schools
the project. Ms. Martinez replied that most children will be transported to school by private vehicles
pools. Vans would be used to transport children to elementary schools for those parents who do no
another means of transportation.
Chairperson Welshons inquired if there will be a fee for the vans. Ms. Martinez replied that she doe
think so but she is not sure.
Chairperson Welshons commented that there are only two NCTD bus stops along that corridor, one
Paseo del Norte and the other at Yarrow. There is no public transportation going east or west. Mr.
Henthorne replied that NCTD had stated a while back that they would make route adjustments to
accommodate the project. However, the latest information is that, due to funding cuts, they could nc
the project. Since other projects will also be built in the near future, this situation will self-correct.
Chairperson Welshons inquired how the need will be handled until there is public transportation ava
Mr. Henthorne anticipates that most households will have their own car. He doesn't know if MAAC c
will be used to transport adults. Ms. Martinez replied that the vans are owned by the MAAC Project
will be used for whatever is necessary. They will be available for other uses as well as Head Start.
Commissioner Noble commented that nothing has been said about TMAs or ETCs to provide
traflSpoflatlOn for emplOyef3. We are discussing land uses tonight. Ue thinks that transportation iss are resolved in another forum.
Commissioner Monroy commented that the staff report does not cover transportation. Chairperson
Welshons feels that the Commission must weigh the merits of the project and transportation is impoi
Commissioner Noble feels that employers also have a responsibility to take care of transportation is5
MINUTE
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PLANNING COMMISSION September 20, 1995 PAGE
Commissioner Nielsen inquired how many vans will be purchased and where they will be parked.
Commissioner Noble's comments and could accept a condition to provide transportation, if necess
Chairperson Welshons opened the public testimony and issued the invitation to speak.
Carla Mulrey, f3exen Press, P. 0. Box 1865, Carlsbad, addressed the Commission and Stated that
opposed to the project even though staff has made it very clear that it is required as a result of the
inclusionary housing policy. She has heard many different stories about who will live in the project
that it is for hotel industry workers. Then it was manufacturing employees. Recently she heard th;
would house young professionals. People are very surprised that no EIR was completed on the prc
This site is down in a gulch where dumping has taken place. She does not feel it is the ideal locati
residential development. She would like to know how the project manager can be sure that no mor
one family will be living in a large 4 bedroom unit. Lastly, she feels the development is not "inclusir
but, rather, "exclusionary" since it is being built away from other residential neighborhoods. She hi
visited West Berlin and it is much the same as the worker flats there.
Ofelia Escobedo, 161 1 James Drive, Carlsbad, addressed the Commission and stated that she is a
member of Carlsbad's Housing Commission. She attended the grand opening of the MAAC projec
Logan Heights in October 1994. The project was beautiful and she saw joy and pride in the faces C
residents. She was curious about how it would be after one year so she recently visited it again an
still as beautiful as the day it opened. The leaders of Carlsbad take pride in their city and she is sur
will not allow the project to deteriorate. She thinks Laurel Tree is a wonderful project and the Comr
should make every effort to approve it.
Dennis Meehan, 3981 Gloria Lane, Carlsbad, addressed the Commission and stated that the Comr;
should be rallying around this project. He hopes they will not condition it to death so that it is unab'
off the ground. He resoundingly recommends approval.
Commissioner Erwin inquired what conditions he was referring to. Mr. Meehan specifically cited th
covered parking issue. If it can be done without covered parking, let them do it. Covering the park,
adds to the cost. Another issue is transportation. He doesn't feel the project should be conditioned
provide transportation. That is what NCTD is for.
Doug Avis, 7220 Avenida Encinas, Suite 200, Carlsbad, addressed the Commission and stated thal
the issues to be considered is not just the location. The high cost of land must also be considered.
affordable housing, yet they are not contributing a dime to the cause. We are required to provide h'
for low income families in our community but he feels we also need to evaluate the needs based on
ordinances which apply to this project. These are not his personal views. They are the law.
Barry Getsel, Bank of America Community Development, 450 B Street, San Diego, addressed the
Commission and stated that his bank has committed $2.7 million in construction financing to this pr
He was impressed with the project and was instrumental in securing the $500,000 grant from the Ft
is a good project because it is located near employment centers. He is also very familiar with the M,
Project. They are very experienced. He provided financing for the Mercado project. It is still beauti
one year and he expects that it will be for a long time to come. He was also a lender on the Nationa
project. The MAAC Project does a good job on whatever they undertake. He recommends approva
Laurel Tree project.
Commissioner Erwin inquired if the federal government underwrites the financing somehow. Mr. Gf
replied no.
Henthorne replied there will be two vans. They will utilize the guest parking. He appreciates
Tonight's agenda also contained approval for a huge hotel complex whose employees will be using
MlNUT
c @ CORRECTED
PLANNING COMMISSION September 20, 1995 PAGE
Commissioner Nielsen inquired about the loan to value ratios. Mr. Getsel replied that it is based or
income stream and not the value.
Renata Mulrey, P. 0. Box 1865, Carlsbad, addressed the Commission and stated that she is the D
Research for Bexen Press. She has been out and looked at the site. She thinks it is terrible. The t
will be deaf by the time they are grownups because it is directly in the flight path. The power lines
to0 Close. She does not feel there is justification to change the zoning on this site. Paiomar Airpor
has always been designated as commercial. There is nothing to warrant a change to residential. I
the project is pure socialism and she does not believe in socialism. She is a capitalist. She feels th
site leaves a lot to be desired.
The applicant was given an opportunity for rebuttal.
Jack Henthorne addressed the Commission and stated that the project has been designed to serve
income families. Much work was done to mitigate environmental issues. The Commission has he:
speakers who will attest to MAACs record. They do an excellent job. Their noise survey was done
KPMG Peat Marwick. In that survey, it states that federal regulations require quieter aircraft engint
believes that noise from the flight pattern will not be a problem.
Mr. DeCerbo commented that numerous environmental studies have been prepared for this project
including noise, geology, biology, archaeology, and other environmental. Staff feels that the projec
good location because it is in close proximity to the employment centers.
There being no other persons desiring to address the Commission on this topic, Chairperson Welst
declared the public testimony closed and opened the item for discussion among the Commission rr
Commissioner Compas can support the project as presented.
Commissioner Noble can support the project without any conditions for transportation because it is
outside the purvue of the Planning Commission. He noted that 15% of all new homes being built ir
Carlsbad are required to meet the affordable housing goals.
Commissioner Monroy has a real problem with the site. He has not heard or read any expert testim
regarding EMF and the close proximity of the project to the overhead power lines. He feels there m
harm to the children from EMF and aircraft overflights. Most other developers seem to be moving tl
projects away from power lines and this one is just too close. He cannot support the project.
Commissioner Savary can support it because it is definitely needed. She thinks the project will be
beneficial to the entire community and that it will get better as time goes by.
Commissioner Nielsen can support it. He is happy to hear that Section 8 vouchers will be accepted
Commissioner Erwin cannot make the findings due to the close proximity of the project to the llrhki
runway. He is also concerned that new homeowners are subsidizing the employers in this city by
providing affordable housing. He thinks the time has come when employers need to help defray thc
cnar~~t$6n/l~~1r~~~~~~t67~~//Sh ~/~~/~i~~~~i~6~~6~r~/~~fi~$~~
&81r ~/~e/n6flmB/~~~t~/~f/~C6tn tnB$Mfi /rsfil@f l/lWbxMMf ~/WUbf&/~i/lh~~~~~~~
I lansp5~ngl~r~U/~~~~~~~ff AltkUU%/p6W6N
Commissioner Welshons will support the project. She agrees with Commissioner Noble tha
may not be the exact forum to discuss a requirement to provide transportation. She would I liked to have taken Mr. Henthorne up on his offer to accept a condition regarding transportal
MINU1
a 3RRECTED
PAGE 16 September 20,1995
0
PLANNING COMMISSION
she'll leave that issue to the policy makers. The concern has been raised and discussed this evening. She went on to say, the employers do need to coordinate transportation options witt their WOtkNS. ~nstead of having the parking let filled with cars and everyone hitting the road a same time creating more pollution and traffic, it would be nice to have a shuttle service droppi
the residents off at public transportation sites. Also, there is the concern of how to get the kid school before all the connecting roads in the area are built.
Motion was made by Chairperson Welshons, and duly seconded, to adopt Planning
Commission Resolution No. 381 0 recommending approval of the Mitigated Negativc
Declaration issued by the Planning Director, adopt Planning Commission Resolutio
Nos. 381 1,3812,381 3,3814, 381 5 and 381 6 recommending approval of GPA 95-1
ZC 95-01, LCPA 95-02, SDP 95-01, LFMP 87-05(6), and HDP 95-01, based up0
findings and subject to the conditions contained therein, with an amendment to
Resolution No. 381 5, Condition #2(c) to require exterior and interior noise levels to
conform with the Noise Element Policy of the General Plan.
Compas, Nielsen, Noble, Savary, Welshons
ACTION:
VOTE: 5-2
AYES:
NOES: Erwin, Monroy
ABSTAIN: None
7
0 PROOF OF PUBLICATION
(201 5.5 C.C.P.) i
STATE OF CALIFORNIA Country of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and
qualified for the City of Oceanside, City of Carlsbad
znc! City 2: So!ana Beach and the Nor?!? Ccruntry
Judicial district with substantial circulation in
Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff,
Vista, Del Mar, La Costa, Olivenhain, Rancho
Santa Fe, City of San Diego, County of San Diego,
and which newspaper has been adjudged a
newspaper of general circulation by the Superior
Court of the County of San Diego, State of
California, under the date of June 30, 1989, case
number 171 349; that the notice, of which the
annexed is a printed copy (set in type not smaller
than nonpareil), has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
Oct. 29, 1995
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California, this 2 7 day
of Oct. 1995
__--
BLADE-CITIZEN
Legal Advertising
1722 South Coast Highway
Oceanside, CA 92054
P.O. Box 90
Oceanside, CA 92049
Solana Beach, CA 92075
341 South Cedros
61 9/433-7333
0
This space is for the Country Clerk's Filinc
Proof of Publication of
Notice of Public Hearing -----------------------
-----------------------
.._
rn
r-,:
!
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--
LAUREL TREE APARTMENTS .I
WOTlCE1S HEREBY GIVEN thar the City Council ofthe City of Carisbad wIII hold a puhli; hearing at the City Council ChamLen, 1200 Carlsbad Village he, Carlshad, California, at 6:&.m., on Tuesday, November 7, 1995, to consider a request for approval of: a Mitigated Negative Declaration; a General Plan Amendment and Local Coastal Program Amendment from Ofiice and Related Commercial (01 to Residential High
(RH); a Zone Change from Office (0) to Residential Densiry Multiple with a Qualified Development Overlay (RDMQ); and a Site Development
Plan, Hillside Development Permit, and Local Facilities Management Plan Amendment for rhe construction of 138 residential apament units on
property generally locared at the norrheast corner ofthefurure intersection of Alga Road and Cobblestone Road, in Local Facilities Management Zone 5, and more particularly descrihed as:
Parcel I of Parcel Map No. 15661, in the City of Cadshad, County of San Diego, State of California, as filed in rhe C6ce ofthe Counq Recorder of San Diego County, Mag 5,1989, as File No. 89.13967 of
(619) 438-1161, extension 4445.
GPA 9S,Ol/lC 95-01RCPA
APPLICANX Metropolitan Area Advisorj Commirtee (MMC)
.-_- -- . -.------_.__-.-.I.________- ~. . ... .
0
NOTICE OF PUBLIC HEARING
GPA 95-1/ZC 95-1/LCPA 95-2/LFMP 87-5(B)/SDP 95-WHDP 95-1
LAUREL TREE APARTMENTS
i
NOTICE IS HEREBY GIVEN that the City Council of the City Carlsbad will hold a public hearing at the City Council Chamber
1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m., Tuesday, November 7, 1995, to consider a request for approval 0 a Mitigated Negative Declaration; a General Plan Amendment a Local Coastal Program Amendment from Office and Related Commerci
(0) to Residential High (RH); a Zone Change from Office (0) Residential Density Multiple with a Qualified Development Over3
(RDM-Q); and a Site Development Plan, Hillside Development Permi and Local Facilities Management Plan Amendment for the constructi
of 138 residential apartment units on property generally located the northeast corner of the future intersection of Alga Road a Cobblestone Road, in Local Facilities Management Zone 5, and mo particularly described as:
Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County of San Diego, State of California, as filed in the Office of the County Recorder of San Diego County, May 5, 1989, as File No. 89-23967 of Official Records.
If you have any questions regarding this matter, please call Chr DeCerbo in the Planning Department at (619) 438-1161, extensi
4445.
If you challenge the Mitigated Negative Declaration, General P1 Amendment, Zone Change, Local Coastal Program Amendment, LOC Facilities Management Plan Amendment, Site Development Plan, and/ Hillside Development Permit in court, you may be limited to raisi
only those issues raised by you or someone else at the pub1 hearing described in this notice, or in written corresponden delivered to the City of Carlsbad City Clerk's Office at, or pri to, the public hearing.
APPLICANT : Metropolitan Area Advisory Committee (MAAC) PUBLISH: October 27, 1995
CARLSBAD CITY COUNCIL
@ NOTICE OF PUBLIC HEARING 0
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold i public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, ai
6:OO p.m. on Wednesday, September 20,1995, to consider a request for the approval of a Mitigatec Negative Declaration, General Plan Amendment and Local Coastal Program Amendment frorr Office and Related Commercial (0) to Residential High (RH), and a Zone Change from Office (0; to Residential Density Multiple with a Qualified Development Overlay (RDM-Q), for a 11.99 acre site located at the northeast corner of the future Alga Road/Cobblestone Road intersection in Loca
Facilities Management Plan Zone 5. A Site Development Plan, Hillside Development Permit anc Local Facilities Management Plan Amendment to construct 138 residential apartment units on thc
subject property are also requested, generally located at and more particularly described as:
Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County of San Diego,
State of California, filed 5/5/89 as File No. 89-23967 of official records.
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 September 14, 1995. If you have an.
questions, please call Chris DeCerbo in the Planning Department at (619) 438-1161, ext. 4445.
If you challenge the Mitigated Negative Declaration, General Plan Amendment, Zone Change, Loa
Coastal Program Amendment, Local Facilities Management Plan Amendment, Site Developmen Plan, and/or Hillside Development Permit in court, you may be limited to raising only those issue you or someone else raised at the public hearing described in this notice or in writte correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: GPA 95-01/2C 95-01/LCPA 95-02/LFMP 87-05(B)/SDP 95-01/HDP 95-01
CASE NAME: LAUREL TREE APARTMENTS
PUBLISH: SEPTEMBER 8,1995
CITY OF CARLSBAD
PLANNING COMMISSION
CD:kr
e 0
LAUREL TREE APARTM
GPA 95-01 /ZC 95-01 /LCPA 95-02/
LFMP 87-05(B)/SDP 95-01 /HDP 95-01
LEUCADIA COUNT
e
CARLSBAD UNIF SCHOOL DIST
801 PINE AVENUE DIST
CARLSBAD CA 92008 l 1960 LA COSTA AVE
0
FACILITIES FOR CITY CLERK
i
CARLSBAD CA 9200
SAN DIEGO COUNTY PLANNING
CITY OF C 5201 RUFFIN RD STE "B" cY SAN DIEGO CA 92123
CITY OF CARLSBAD
CITY OF c PLANNING DEPARTMENT 505 S WLCAN AVE
COMM SERVICES PROJECT PLANNER ENCINITAS CA 92021
CITY OF ENCINITAS
&l///S &C&ZA~
CITY OF OCEANSIDE
300 NO HILL ST
CITY OF VISTA
PO BOX 1988
/
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 VISTA CA 92085
CALIF DEPT OF FISH & GAME
330 GOLDENSHORE #50 STE J
LONG BEACH CA 90802 543 1 AVENIDA ENCINAS
JACKHENTHORN &ASSOCIATES
CARLSBAD CA 92008
$gR@ ',%\,
rg @&A
-1 I J e 0 '"W
LAUREL TREE PROPERTY OWNERS LIST
ROBERT & PATRICK KELLY TRUST JAMES S. UKEGAWA
2770 SUNNYCREEK ROAD 42 18 SKYLINE ROAD
CARLSBAD, CA 92008 CARLSBAD, CA 92008 CARLSBAD, CA 92009
212 040 49 212 040 39 212 040 47
SIM USA INC.
1400 FLAME TREE LAN€
PACWEST LTD BCS, PROGRAM L-2 PACWEST, Q A-1
550 W C STREET, SUITE 1750
SAN DIEGO, CA 92101
212 040 41 212 040 29 212 040 30
MORGANPALOMAR MD.
800 W 1 ST STREET
LOS ANGELES, CA 90012
212 040 25
NEWPORT FINANCIAL CENTER
NEWPORT BEACH, CA 92660
550 W C STREET, SUITE
SAN DIEGO, CA 92101
LAUREL TREE INVESTMENT CO
23 CORPORATE PLAZA, SUITE 139
NEWPORT BEACH, CA 926660
212 040 46
e 0
\ I
! 1 I. i 1
i [ I
DR GEORGE W MA"O1
CARLSBAD UNIFIED SC
801 PINE AVENUE
CARLSBAD CA 9200E
ROBERT & PATRICK KELLY TRUST
2770 SUNNYCREEK ROAD 4218 SKYLINE ROAD 1400 FLAME TREE LAN
CARLSBAD, CA 92008 CARLSBAD, CA 92008 CARLSBAD, CA 92009
JAMES S. UKEGAWA SIM USA INC.
PACWST, Q A-1 PACWEST LTD BCS, PROGRAM L-2
NEWPORT FINANCIAL, CENTER 550 W C STREET 550 W C STREET
SUITE 1750 NEWPORT BEACH, CA 92660 SUITE 1750
SAN DIEGO, CA 92 101
MORGANPALOMAR IND. LAUREL TREE INVESTl
STE 139
23 CORPORATE PLAZA 800 W 1 ST STREET
LOS ANGELES, CA 900 12 NEWPORT BEACH CA
SAN DIEGO, CA 92101
METROPOLITAN AREA i
140 W 16TH STREET
NATIONAL CITY CA
* 0 e
(Form A)
-
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
GPA 95-01/ZC 95-01/LCPA 95-02/LFMP 87-05(B) /SDP 95-01/HDP 95-01 - Laurel Trt
for a public hearing before the City Council.
Please notice the item for the council meeting of .
Thank you.
October 13, 1995 - Assistant City Man-- Date
-