HomeMy WebLinkAbout2011-07-26; City Council; 20643; HOUSING ELEMENT PROGRAM 2.1CITY OF CARLSBAD - AGENDA BILL 14
20.643AB#
MTG. 7/26/11
DEPT. CED
HOUSING ELEMENT PROGRAM 2.1 -
GPA11-04
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council hold a public hearing and ADOPT Resolution No. 2011-183
APPROVING an addendum to the adopted Mitigated Negative Declaration for the 2005-2010
Housing Element and ADOPT Resolution No. 2011-184. APPROVING General Plan
Amendment GPA 11-04 based upon the findings contained therein.
ITEM EXPLANATION:
Project
GPA 11 -04
Housing Commission
RA
Planning Commission
RA
City Council
X
RA = Recommended adoption/approval
X = Final City decision-making authority
A city-initiated General Plan Amendment is proposed to make minor changes to a Housing
Element program. On April 26, 2011, the City Council passed Resolution 2011-068, declaring
its intention to update the completion dates listed in the "Objectives and Time Frame" section of
Housing Element Program 2.1 and directing the City Planner to study the same. Program 2.1,
labeled "Adequate Sites," identifies land use actions (e.g., General Plan and zone changes) the
City will take to make sites available for lower and moderate income housing during the current
housing cycle. The current cycle has been extended through at least April 2013.
The Council's declaration and direction stem from a recent San Diego Superior Court case,
Friends of Aviara vs. City of Carlsbad. After adoption of the current Housing Element in
December 2009, Friends of Aviara sued the city. The suit challenged the city's environmental
action on the project and alleged Carlsbad's Housing Element is inconsistent with other
elements of the General Plan.
In its ruling on the suit, the Court upheld the city's environmental action. It also ruled that to
comply with the California Government Code and ensure consistency between the Housing
Element and the other elements of the General Plan, Carlsbad must adopt a timeline for
implementation of the General Plan amendment actions identified in the Housing Element.
These amendment actions are all contained in Program 2.1. While this program already
contains timelines, staff recommends they be updated consistent with the court order.
Besides GPA 11-04, staff has prepared an Addendum to the Mitigated Negative Declaration
adopted for the Housing Element. Per the California Environmental Quality Act, an addendum
documents minor project changes that do not warrant additional environmental review. The
DEPARTMENT CONTACT: Scott Donnell 760-602-4618 scott.donnell@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED
DENIED
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
Page 2
Addendum describes the revisions proposed to Program 2.1 and minor changes to Housing
Element assumptions regarding development of future affordable housing that enable Carlsbad
to meet its share of the Regional Housing Needs Assessment (RHNA). While the assumption
changes do not require an amendment to the Housing Element, they were noted in the city's
2010 Annual Housing Element Progress Report.
Attached Planning Commission Resolution 6787 includes as an exhibit the recommended
Addendum. The Addendum also includes several attachments, including the adopted Mitigated
Negative Declaration, the court judgment, and the 2010 Annual Housing Element Progress
Report.
On May 12, 2011, the Housing Commission voted 3-0 (Igoe and Wrisley absent) to recommend
approval of GPA 11-04. No members of the public spoke in regard to the project.
On July 6, 2011, the Planning Commission voted 6-0 (Commissioner Scully recused herself) to
recommend approval of the proposed Addendum and General Plan Amendment. At the project
hearing, three individuals spoke, commenting on development of Quarry Creek, staff's
calculations to determine compliance with affordable housing objectives, and the affordable
housing plan of the proposed Dos Colinas project. Speakers also suggested alternatives to the
proposed completion dates or time frames (such as processing Program 2.1 land use actions
earlier than proposed or as part of the General Plan Update) and recommended deleting
Housing Element references to the "Bridges at Aviara" project. Following the conclusion of the
public testimony, staff responded to the speakers' comments.
FISCAL IMPACT:
The recommended action imposes no additional financial burden beyond normal city costs
associated with processing and reviewing applications for the land use actions contemplated by
Housing Element Program 2.1.
ENVIRONMENTAL IMPACT:
The recommended action is within the scope of the previously adopted Mitigated Negative
Declaration (MND) for the 2005-2010 Housing Element. The revisions proposed to Program 2.1
time frames and described in the 2010 Annual Housing Element Progress Report are minor
technical changes and none of the conditions described in CEQA Guidelines Section 15162 that
require adoption of a subsequent environmental document have occurred. Approval of an
Addendum to the MND to document the minor changes is recommended.
EXHIBITS:
1. City Council Resolution No. 2011-183
2. City Council Resolution No. 2011-184
3. Planning Commission Resolutions No. 6787 and 6779
4. Housing Commission Resolution No. 2011-002
5. Planning Commission Staff Report dated July 6, 2011
6. Housing Commission Staff Report dated May 12, 2011
7. Excerpt of the draft Planning Commission meeting minutes dated July 6, 2011
8. Excerpt of the draft Housing Commission meeting minutes dated May 12, 2011.
EXHIBIT 1
1 RESOLUTION NO.2011-183
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING AN ADDENDUM TO
THE ADOPTED MITIGATED NEGATIVE DECLARATION FOR
4 THE 2005-2010 HOUSING ELEMENT
CASE NAME: HOUSING ELEMENT PROGRAM 2.1
5 CASE NO.: GPA11-04
6 The City Council of the City of Carlsbad, California does hereby resolve as
follows:
7
8 WHEREAS, on December 22, 2009, the City Council adopted Resolution 2009-
^ 322, which adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program ("Mitigated Negative Declaration") and approved General Plan Amendment GPA 03-02
to update the Housing Element for the 2005-2010 housing cycle ("2005-2010 Housing
12 Element"); and
13
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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Commission did, on July 6, 2011, hold a duly noticed public hearing as prescribed by law to
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consider an Addendum to the Mitigated Negative Declaration and adopted Planning
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Commission Resolution 6787, recommending approval of the Addendum; and
WHEREAS, the City Council of the City of Carlsbad, on the 26th day18
, g of July 2011, held a duly noticed public hearing to consider the recommendation and
20 heard all persons interested in or opposed to the Addendum to the Mitigated Negative
21 Declaration; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony
23 and arguments, examining the Addendum, analyzing the information submitted by City staff,
24 and considering any written and oral comments received, the City Council considered all factors
25 relating to the Addendum.
26 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
27 Carlsbad, California, as follows:
28 1. That the above recitations are true and correct.
2. That the findings of the Planning Commission as set forth in Planning
2 Commission Resolution No. 6787 on file with the City Clerk and made a part hereof by
reference constitute the findings of the City Council in this matter.
3 3. That the Addendum to the Mitigated Negative Declaration for the 2005-
4 2010 Housing Element is adopted and approved as shown in Planning Commission Resolution
No. 6787 on file with the City Clerk and incorporated herein by reference.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26th day of July, 2011, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: Council Member Kulchin.
MATTdHALL, Mayor
ATTEST:
ORRAlYslE M. WOOD, City Clerk
(SEAL)
EXHIBIT 2
1 RESOLUTION NO. 2011-184
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN
3 AMENDMENT TO REVISE THE TIME FRAMES OF PROGRAM
2.1 OF THE 2005-2010 HOUSING ELEMENT
4 CASE NAME: HOUSING ELEMENT PROGRAM 2.1
CASE NO.; GPA11-04
5
The City Council of the City of Carlsbad, California, does hereby resolve as
6 follows:
7 WHEREAS, pursuant to the provisions of the Municipal Code, the Housing
8 Commission did, on May 12, 2011, hold a noticed public meeting to consider General Plan
9 Amendment GPA 11-04, as referenced in Housing Commission Resolution No. 2011-002, and
10 the Housing Commission adopted Housing Commission Resolution No. 2011-002,
11 recommending to the City Council approval of GPA 11-04; and
12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
13 Commission did, on July 6, 2011, hold a duly noticed public hearing as prescribed by law to
14 consider General Plan Amendment GPA 11-04, as referenced in Planning Commission
15 Resolution No. 6779, and the Planning Commission adopted Planning Commission Resolution
'" No. 6779 recommending to the City Council approval of GPA 11-04; and
26th
17 WHEREAS, the City Council of the City of Carlsbad, on the day of
1* Ju|y10 , 2011, held a duly noticed public hearing to consider said General Plan
19 Amendment; and
70 WHEREAS, at said public hearing, upon hearing and considering all testimony
21 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
22 relating to the General Plan Amendment.
23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
24 of Carlsbad as follows:
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1. That the above recitations are true and correct.
26
2. That the recommendation of the Housing Commission for the approval of
27 General Plan Amendment GPA 11-04 is adopted and approved, and that the findings of the
Housing Commission contained in Housing Commission Resolution No 2011-002 on file with
28 the City Clerk and incorporated herein by reference are the findings of the City Council.
3. That the recommendation of the Planning Commission for the approval of
General Plan Amendment GPA 11-04 is adopted and approved, and that the findings of the
2 Planning Commission contained in Planning Commission Resolution No. 6779 on file with the
City Clerk and incorporated herein by reference are the findings of the City Council.
. 4. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
c- Review," shall apply:
, "NOTICE TO APPLICANT"o
7 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 by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth 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 the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
12 record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
13 record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26th day of July, 2011, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: Council Member Kulchin.
MATY HALL, Mayor
ATTEST:
ORRAINE M. WOOD, City Clerk
(SEAL)
'/, H
EXHIBIT 3
1 PLANNING COMMISSION RESOLUTION NO. 6787
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN ADDENDUM TO THE PREVIOUSLY
4 APPROVED MITIGATED NEGATIVE DECLARATION FOR
THE 2005-2010 HOUSING ELEMENT.
CASE NAME: HOUSING ELEMENT PROGRAM 2.1
6 CASE NO: GPA11-Q4
7 WHEREAS, on December 22, 2009, the City Council adopted Resolution 2009-
o 322, which adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
9 Program ("Mitigated Negative Declaration") and approved General Plan Amendment GPA 03-
10
02 to update the Housing Element for the 2005-2010 housing cycle ("2005-2010 Housing
Element"); and
13 WHEREAS, shortly after adoption of Resolution 2009-322, a lawsuit, Friends of
14 Aviara v. City of Carlsbad ("Lawsuit"), was filed challenging the adequacy of the Mitigated
15 Negative Declaration and the validity of the 2005-2010 Housing Element; and
WHEREAS, on May 18, 2011, the Superior Court entered a judgment which
17
found that the Mitigated Negative Declaration complied with the requirements of the California
18
Environmental Quality Act (CEQA), but required the City to revise the 2005-2010 Housing
2Q Element in accordance with Government Code section 65583(c) to include a timeline for
21 processing each of the amendments to the General Plan necessary to implement the 2005-2010
22 Housing Element; and
23 WHEREAS, in response to the judgment and direction from the City Council
24
regarding the Lawsuit as contained in City Council Resolution 2011-068, the Planning Director
25
has filed an application for a General Plan Amendment to amend the time frames by which the26
27 actions in Program 2.1 are to be completed as contained in HOUSING ELEMENT
28 PROGRAM 2.1 - GPA 11-04; and
WHEREAS, furthermore, the 2010 Annual Housing Element Progress Report
2 identified the developer-withdrawal of applications to build the Bridges at Aviara (Pontebello)
3
project, the affordable housing component of which Section 3 of the 2005-2010 Housing
4
, Element counted toward providing affordable housing for lower-income persons; and
5 WHEREAS, the 2010 Annual Housing Element Progress Report, accepted by the
7 City Council on March 22, 2011, as part of City Council Resolution 2011-044, also identified
o proposed projects to replace these affordable units; and
9 WHEREAS, in compliance with the California Environmental Quality Act
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("CEQA"), an Addendum to the Mitigated Negative Declaration was prepared to determine if the
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preparation of a subsequent Mitigated Negative Declaration, based on the conditions described
13 in Section 15162 of the CEQA Guidelines, was required for HOUSING ELEMENT
14 PROGRAM 2.1 - GPA 11-04; and
15 WHEREAS, the changes noted in the 2010 Annual Housing Element Progress
Report regarding Bridges at Aviara and the potential projects to replace its affordable units,
17
while they do not require an amendment to the General Plan and are not part of Program 2.1 or
18
GPA 11-04, constitute a change or addition to the Project Description and Initial Study on which
2Q the Mitigated Negative Declaration is based; and
21 WHEREAS, the Planning Commission did, on July 6, 2011, hold a duly noticed
22 public hearing as prescribed by law to consider said request; and
23 WHEREAS, the Addendum, dated July 6, 2011, and attached hereto as Exhibit
24
"A," includes as attachments the Mitigated Negative Declaration with the Project Description
25
and Initial Study and the 2010 Annual Housing Element Progress Report; and26
27 WHEREAS, the Addendum was presented to the Planning Commission and the
28 Planning Commission reviewed and considered the Addendum and the information attached to
it, prior to approving GPA 11 -04; and \ Q
PC RESO NO. 6787 -2-
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, examining the Addendum, and
3
analyzing the information submitted by City staff, the Planning Commission considered all
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, factors relating to the Addendum.
6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
7 Commission of the City of Carlsbad, as follows:
o0 . A) That the above recitations are true and correct.
9
B) That based on the evidence presented at the public hearing, the Commission
10 RECOMMENDS APPROVAL of the Addendum to the Mitigated Negative
Declaration, based on the following findings:
11
Findings;
j 3 1. The Planning Commission does hereby find that the Addendum has been prepared in
accordance with requirements of the California Environmental Quality Act, the CEQA
14 Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
15 2. The Planning Commission has reviewed, analyzed, and considered the Addendum with
the previously approved Mitigated Negative Declaration prior to RECOMMENDING
APPROVAL of the Project, and it reflects the Planning Commission's independent
17 judgment.
18 3. The Planning Commission does hereby find that RECOMMENDING
APPROVAL of an Addendum to the Mitigated Negative Declaration is appropriate
19 and in conformance with CEQA because the revision of the 2005-2010 Housing
Element in compliance with the judgment and writ of mandate in the Lawsuit will require
only minor technical changes or additions to the previously adopted Mitigated Negative
21 Declaration and none of the conditions described in Section 15162 of the CEQA
Guidelines calling for preparation of a subsequent Negative Declaration have
22 occurred. Accordingly, this Addendum and the previously adopted Mitigated Negative
Declaration comply with the requirements of CEQA for environmental review of the
23 proposed revision of the 2005-2010 Housing Element in that:
a. There are no significant new environmental effects and no substantial
25 increase in the severity of a previously identified significant effect. The
analysis and mitigation contained in the Mitigated Negative Declaration
26 remain adequate to address the minor revisions made by General Plan
Amendment GPA 11-04 and to the Project Description and Initial Study as
described in the 2010 Annual Housing Element Progress Report. Proposed,
2g changes, for example, merely revise completion dates by which future
General Plan amendments identified in Program 2.1 are anticipated to
occur. Similarly, although the new projects (Quarry Creek and Dos Colinas)
PC RESO NO. 6787 -3-
identified in the 2010 Annual Housing Element Progress Report are
2 anticipated to cure the loss of affordable housing due to the withdrawal of
the Bridges at Aviara (Pontebello) proposal (as indentified in Housing
3 Element Section 3), the new projects would not result in any new or more
severe significant impacts. The City's plan for replacing 20 of the needed
affordable housing units by the Dos Colinas project would not result in any new
~ or more severe environmental impacts because those units will consist of units
already approved for development which would be deed-restricted for
6 affordable housing. It is anticipated the remaining six affordable housing units
needed would be provided by the Quarry Creek project, which already is
7 addressed in the adopted Mitigated Negative Declaration and 2005-2010
Housing Element. The provision for six more affordable housing units in that
project would not result in any new or more severe significant impacts than
already have been considered in the adopted Mitigated Negative Declaration.
10 t>. There has been no substantial change with respect to the circumstances
under which the project is being undertaken which would require major
11 revisions to the Mitigated Negative Declaration.
12 c. There is no new information of substantial importance that was not known
.-, and could not have been known with the exercise of reasonable diligence at
the time the Mitigated Negative Declaration was certified.
14 d. The project will not have any significant effects not discussed in the
15 Mitigated Negative Declaration.
16 e. There are no new or additional mitigation measures that need to be added
and there are no mitigation measures previously found not to be feasible
that are now found to be feasible that would substantially reduce one or
18 more significant effects of the project.
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PC RESO NO. 6787 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 6, 2011, by the following vote, to
wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, and Siekmann
ABSENT: Commissioner Scully
ABSTAIN:
STEPHEN "HAP" L'HEUREl^C Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6787 -5-
Exhibit "A" to Planning Commission Resolution 6787
July 6, 2011
ADDENDUM TO MITIGATED NEGATIVE DECLARATION
(SCH # 2006051076) FOR THE CITY OF CARLSBAD 2005-2010
HOUSING ELEMENT (GENERAL PLAN AMENDMENT GPA 03-02)
1. Introduction.
In December 2009, the City Council of the City of Carlsbad (City) adopted Resolution No.
2009-322, which adopted a Mitigated Negative Declaration and approved a General Plan
Amendment to update the Housing Element for the 2005-2010 Housing Cycle (2005-2010 Housing
Element) as required by the California Government Code. Shortly thereafter, a lawsuit was filed
challenging the adequacy of the Mitigated Negative Declaration and the validity of the 2005-2010
Housing Element.
On May 18, 2011, the Superior Court entered a judgment which found that the Mitigated
Negative Declaration complied with the requirements of the California Environmental Quality Act
(CEQA), but required the City to revise the 2005-2010 Housing Element in accordance with
Government Code section 65583(c) to include a timeline for processing each of the amendments to
the General Plan necessary to implement the 2005-2010 Housing Element.
In compliance with the judgment, the City has revised the 2005-2010 Housing Element in
accordance with Government Code section 65583(c) to include an updated timeline for processing
each of the amendments to the General Plan necessary to implement the 2005-2010 Housing
Element. The revised 2005-2010 Housing Element (General Plan Amendment GPA 11 -04) will be
presented to the Housing Commission and the Planning Commission for their recommendation and
to the City Council for approval.
Pursuant to CEQA Guidelines section 15164(b), the City has prepared this Addendum to the
previously approved Mitigated Negative Declaration to serve as the environmental review required
by CEQA for the revised 2005-2010 Housing Element. The Addendum complies with the
1
Exhibit "A" to Planning Commission Resolution 6787
July 6, 2011
requirements of CEQA because (1) the Superior Court ruled that the previously adopted Mitigated
Negative Declaration complied with CEQA, (2) only minor technical changes or additions to the
previously adopted Mitigated Negative Declaration are necessary, and (3) none of the conditions
described in CEQA Guidelines section 15162 calling for preparation of a subsequent EIR or negative
declaration have occurred. A copy of the previously adopted Mitigated Negative Declaration is
attached as Attachment 1.
2. Background.
Between 2004 and 2009, the City engaged in an extensive, multi-year public process to
update the Housing Element of the Carlsbad General Plan in compliance with state law. The result
of this process was embodied in the 2005-2010 Housing Element, which provided the goals, policies
and programs that will enable the City to accommodate its share of the region's need for low and
moderate income housing. Although it identified areas within the City which could accommodate
additional affordable housing, the 2005-2010 Housing Element will not increase the overall number
of dwelling units of the City authorized in the General Plan.
In compliance with CEQA, the City prepared a Project Description/Initial Study to determine
whether the 2005-2010 Housing Element may result in any significant impacts on the environment.
The Initial Study found the 2005-2010 Housing Element would facilitate the construction of housing
that may have significant impacts on a number of environmental resources unless mitigation was
required. The Initial Study thus recommended mitigation measures to reduce or avoid the potential
significant impacts and incorporated those measures into a Mitigation Monitoring and Reporting
Program (MMRP). Because there were no unmitigated significant impacts, the City prepared a
Mitigated Negative Declaration as the environmental document required by CEQA.
Exhibit "A" to Planning Commission Resolution 6787
July 6, 2011
On February 12, 2009, the Housing Commission adopted Resolution No. 2009-001, which
recommended approval of the 2005-2010 Housing Element. On November 18, 2009, the Planning
Commission adopted Resolution No. 6547, which recommended adoption of the Mitigated Negative
Declaration and the MMRP, and Resolution No. 6548, which recommended adoption of the 2005-
2010 Housing Element. On December 22,2009, the City Council adopted Resolution No. 2009-322,
which adopted and approved the findings and recommendations of the Housing Commission and the
Planning Commission, adopted the Mitigated Negative Declaration, and approved the 2005-2010
Housing Element.
Pursuant to Government Code section 65585(h), the California Department of Housing and
Community Development reviewed the 2005-2010 Housing Element to determine whether it
addressed the statutory requirements of housing element law. On March 30, 2010, the California
Department of Housing and Community Development notified the City that the 2005-2010 Housing
Element was in full compliance with housing element law. A copy of the California Department of
Housing and Community Development's approval of the 2005-2010 Housing Element is attached as
Attachment 2.
On January 22,2010, a lawsuit entitled Friends ofAviara v. City of Carlsbad was filed in the
San Diego Superior Court as Case No. 37-2010-00050553 (Lawsuit), challenging the adequacy of
the Mitigated Negative Declaration and the validity of the 2005-2010 Housing Element. On March
28, 2011, the Superior Court issued an order finding that the Mitigated Negative Declaration
complied with the requirements of CEQA, but the 2005-2010 Housing Element did not contain
certain information required by the California Government Code. Therefore, on May 18, 2011, the
Superior Court entered a judgment and issued a writ of mandate requiring the City to revise the
Exhibit "A" to Planning Commission Resolution 6787
July 6, 2011
2005-2010 Housing Element in accordance with Government Code section 65583(c) to include a
timeline for processing each of the amendments to the General Plan necessary to implement the
2005-2010 Housing Element. A copy of the judgment is attached as Attachment 3.
3. Minor Technical Changes or Additions to the Previously Adopted Mitigated
Negative Declaration.
The City has prepared this Addendum to describe events concerning the Mitigated Negative
Declaration and the 2005-2010 Housing Element which have occurred since they were adopted and
approved by the City Council in December 2009. A description of these events is provided in
Section 2 above and constitutes a minor technical change or addition to the Project Description &
Initial Study for City of Carlsbad 2005-2010 Housing Element (General Plan Amendment 03-02) on
which the Mitigated Negative Declaration is based.
The City also has revised the 2005-2010 Housing Element in accordance with Government
Code section 65583(c) to include a timeline for processing each of the amendments to the General
Plan necessary to implement the 2005-2010 Housing Element. The necessary amendments are
identified in Program 2.1of the 2005-2010 Housing Element. Timelines are provided for all
amendments to the General Plan necessary to implement the 2005-2010 Housing Element. These
timelines constitute a minor technical change or addition to the Project Description & Initial Study
for City of Carlsbad 2005-2010 Housing Element (General Plan Amendment 03-02) on which the
Mitigated Negative Declaration is based.
Section 3 (Resources Available) of the 2005-2010 Housing Element identified the Bridges at
Aviara Affordable Housing Component as a privately proposed development project that would help
the City meet its Regional Housing Needs Assessment (RHNA) for lower income units during the
Exhibit "A" to Planning Commission Resolution 6787
July 6, 2011
2005-2010 Housing Cycle. However, on July 16,2010, the developer of the Bridges at Aviara (aka
Pontebello) project withdrew its application for approval of the project, resulting in the loss of 76
potential low income apartments. Because the 2005-2010 Housing Element provided 50 more units
that the City needed to meet its RHNA, the developer's withdrawal of the Bridges at Aviara project
resulted in a net deficiency of 26 affordable housing units. Pursuant to Government Code section
65400(a)(2), the City informed the California Department of Housing and Community Development
of the plan for addressing this deficiency in the City's 2010 Annual Housing Element Progress
Report. A copy of the 2010 Annual Housing Element Progress Report is attached hereto as
Attachment 4. The description of the developer's withdrawal of the Bridges at Aviara project and
the City's plan for meeting the related deficit in meeting its RHNA needs are contained on pages 3-5
of the 2010 Annual Housing Element Progress Report and constitute a minor technical change or
addition to the Project Description & Initial Study for City of Carlsbad 2005-2010 Housing Element
(General Plan Amendment 03-02) on which the Mitigated Negative Declaration is based.
4. None of the Conditions Described in CEQA Guidelines Section 15162 Calling
for Preparation of a Subsequent EIR or Negative Declaration Have Occurred.
CEQA Guidelines section 15164(b) provides that an addendum to an adopted negative
declaration may be prepared if only minor technical changes or additions are necessary and none of
the conditions described in CEQA Guidelines section 15162 calling for preparation of a subsequent
EIR or negative declaration has occurred.
CEQA Guidelines section 15162 provides that, when a negative declaration has been adopted
for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines
that:
Exhibit "A" to Planning Commission Resolution 6787
July 6, 2011
(1) Substantial changes are proposed in the project which will require major revisions of the
previous negative declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects;
(2) Substantial changes have occurred with respect to the surrounding circumstances which
will require major revisions of the previous negative declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
effects;
(3) New information of substantial importance, which was not and could not have been
known at the time the previous negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous
negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown
in the previous mitigated negative declaration;
(c) Mitigation measures or alternatives previously found infeasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project
but the project proponent declines to adopt them;
(d) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous mitigated negative declaration would substantially reduce
one or more significant effects of the project but the project proponent declines to
adopt them.
The City has considered whether any of the events described in Section 3 above would satisfy
the requirements for preparation of a subsequent mitigated negative declaration pursuant to CEQA
Exhibit "A" to Planning Commission Resolution 6787
July 6, 2011
Guidelines section 15162. The revision of the 2005-2010 Housing Element required by the
judgment and writ of mandate in the Lawsuit consists of the inclusion of timelines in accordance
with Government Code section 65583(c) for processing each of the amendments to the General Plan
necessary to implement the 2005-2010 Housing Element. The inclusion of timelines satisfies a
technical requirement in accordance with Government Code section 65583(c) and does not constitute
a substantial change in the proposed project or in the circumstances under which the project is
undertaken, or new information of substantial importance, within the meaning of CEQA Guidelines
section 15162. The inclusion of timelines also does not make any substantial change in the nature or
scope of the 2005-2010 Housing Element or in the analysis of environmental effects contained in the
adopted Mitigated Negative Declaration.
The developer's withdrawal of the Bridges at Aviara project and the City's plan for
compensating for the loss of affordable housing units as a result of the withdrawal of that project also
do not satisfy the requirements for preparation of a subsequent mitigated negative declaration under
CEQA Guidelines section 15162. Considered alone, the developer's withdrawal of the Bridges at
Aviara project would reduce, not increase, the potential significant impacts of the 2005-2010
Housing Element. The City's plan for curing the deficit of 26 affordable housing units caused by
withdrawal of the Bridges at Aviara project also would not meet the requirements for additional
environmental review under CEQA Guidelines section 15162. The City's plan for replacing 20 of
the needed affordable housing units by the Dos Colinas project would not result in any new or more
severe environmental impacts because those units will consist of units already approved for
development which would be deed-restricted for affordable housing. It is anticipated the remaining
six affordable housing units needed would be provided by the Quarry Creek project, which already is
Exhibit "A" to Planning Commission Resolution 6787
July 6, 2011
addressed in the adopted Mitigated Negative Declaration and 2005-2010 Housing Element. The
provision for six more affordable housing units in that project would not result in any new or more
severe significant impacts than already have been considered in the adopted Mitigated Negative
Declaration.
5. Conclusion.
The revision of the 2005-2010 Housing Element in compliance with the judgment and writ of
mandate in the Lawsuit will require only minor technical changes or additions to the previously
adopted Mitigated Negative Declaration. None of the conditions described in CEQA Guidelines
section 15162 for the preparation of a subsequent EIR or mitigated negative declaration has occurred.
Accordingly, this Addendum and the previously adopted Mitigated Negative Declaration comply
with the requirements of CEQA for environmental review of the proposed revision of the 2005-2010
Housing Element.
Pursuant to CEQA Guidelines Section 15164(c), the Addendum need not be circulated for
public review but can be included in or attached to the adopted Mitigated Negative Declaration. The
City Council will consider the Addendum with the adopted Mitigated Negative Declaration prior to
making a decision on the revised 2005-2010 Housing Element.
Exhibit "A" to Planning Commission Resolution 6787
July 6, 2011
Attachments:
Attachment 1: Mitigated Negative Declaration and Project Description & Initial Study for
City of Carlsbad 2005-2010 Housing Element (General Plan Amendment 03-02)
Attachment 2: Letter from California Department of Housing and Community Development
to City of Carlsbad, dated March 30, 2010
Attachment 3: Judgment Granting in Part and Denying in Part Writ of Mandate, filed May
18,2011
Attachment 4: City of Carlsbad 2010 Annual Housing Element Progress Report
ATTACHMENT 1
1 RESOLUTION NO, 2009-322
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
3 NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM AND APPROVING A GENERAL
4 PLAN AMENDMENT TO ADOPT THE UPDATE OF THE
HOUSING ELEMENT FOR THE 2005-2010 HOUSING CYCLE
5 AS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE
AND WHICH AFFECTS PROPERTIES THROUGHOUT THE
6 CITY.
CASE NAME: 2005-2010 HOUSING ELEMENT
7 CASE NO.: GPA 03-02
8 . The City Council of the City of Carlsbad, California, does hereby resolve as
follows:9
WHEREAS, pursuant to the provisions of the Municipal Code, the Housing
Commission did, on February 12, 2009, hold a noticed public meeting to consider General Plan
Amendment GPA 03-02, as referenced in Housing Commission Resolution No. 2009-001, and
the Housing Commission adopted Housing Commission Resolution No. 2009-001,
recommending to the Planning Commission and City Council that GPA 03-02 be approved; and14
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on November 18, 2009, hold a duly noticed public hearing as prescribed by16
law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
program, as referenced in Planning Commission Resolution No. 6547, and General PlanI o
Amendment GPA 03-02, as referenced in Planning Commission Resolution No. 6548, and the
Planning Commission adopted Planning Commission Resolutions No. 6547 and 6548
». recommending to the City Council that they be approved; and
22 WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of
23 December , 2009, held a duly noticed public hearing to consider said Mitigated
24 Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan
25 Amendment; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
28
1 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
2 and General Plan Amendment.
3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
4 of Carlsbad as follows:
5 1. That the above recitations are true and correct.
2. That the recommendation of the Housing Commission for the approval of
? General Plan Amendment GPA 03-02 is adopted and approved, and that the findings of the
Housing Commission contained in Housing Commission Resolution No 2009-001 on file with
o the City Clerk and incorporated herein by reference are the findings of the City Council.
9 3. That the recommendations of the Planning Commission for the (1)
adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
10 and (2) approval of General Plan Amendment GPA 03-02 are adopted and approved, and that
the findings of the Planning Commission contained in Planning Commission Resolutions No.
11 6547 and 6548 on file with the City Clerk and incorporated herein by reference, are the findings
of the City Council.
12
4. This action is final the date this resolution is adopted by the City Council.
13 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review", shall apply:
14
"NOTICE TO APPLICANT-
IS
The time within which judicial review of this decision must be sought is
16 governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
l^ Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth 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 the deposit in an
19 amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
20 extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
21 of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
22 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
23 ///
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of December. 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
ATTEST:
Cv
M. WpOfo, City Clefk" Q
1 PLANNING COMMISSION RESOLUTION NO. 6547
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A MITIGATED NEGATIVE DECLARATION
4 FOR A GENERAL PLAN AMENDMENT TO ADOPT THE
UPDATE OF THE HOUSING ELEMENT FOR THE 2005-2010
5 HOUSING CYCLE AS REQUIRED BY THE CALIFORNIA
GOVERNMENT CODE.
6 CASE NAME: 2005-2010 HOUSING ELEMENT
CASE NO.: GPA 03-027 - : ;
0 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application
o
9 with the City of Carlsbad to adopt a General Plan Amendment for the Draft 2005-2010 Housing
10 Element ("Draft Housing Element"), a document that affects properties throughout Carlsbad; and
11 WHEREAS, the Draft Housing Element is an update to the Housing Element
12 adopted in 2000 for the 1999-2005 Housing Cycle; and
13 WHEREAS, a Mitigated Negative Declaration (MND) was prepared in
14 . . . L .„ .conjunction with said project; and
15
WHEREAS, subsequent to the public circulation of the MND from May 29,
16
2009 to June 28, 2009, staff prepared minor revisions to the Draft Housing Element and
17
the MND, as necessary, to (1) delete text and figures regarding the La Costa Town Square18 •
jo project, which was approved by City Council in August 2009 without the residential and
20 mixed use high density components indentified in the Draft Housing Element; (2) add
21 additional shopping center sites with high density, mixed use potential to Table 3-7 and
22 related text; (3) revise text, tables and figures as necessary to reflect the above revisions; (4)
23 update the MND's Initial Study (Environmental Impact Assessment Form) Sections 15 and
24 »
17 on Transportation/Traffic and Mandatory Findings of Significance to match the
25 findings of the San Diego Association of Governments' Final 2008 Congestion Management
26
Program Update and amend the MND's list of supporting information sources to include.
27
this document; and (5) amend Draft Housing Element Section 4 to clarify the ability of28 to
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water and sewer providers to serve the City's remaining Regional Housing Needs
Assessment and to add to the Quarry Creek environmental constraints discussion that
remediation of groundwater is occurring; and
WHEREAS, the minor changes to the MND and Draft Housing Element do
not require recirculation of the MND since they are consistent with the description of "new
information" in CEQA Section 15073.5(c) (4), which states recirculation is not required if
"new information is added to the negative declaration which merely clarifies, amplifies, or
makes insignificant modifications to the negative declaration;" and
WHEREAS, the minor revisions to the MND affect specifically the "Project
Description" and "Initial Study (Environmental Impact Assessment Form)"portions of the
environmental document, which are attached, and are shown as either strikeouts or bolded
and underlined text; and
WHEREAS, the Planning Commission did on November 18, 2009, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program according to
Exhibits "NOI," "MND," "Project Description" and "Initial Study (Environmental
Impact Assessment Form)," and "MMRP" attached hereto and made a part
hereof, based on the following findings:
PC RESO NO. 6547 -2-II
2"?
I
2 Findings;
3 1. The Planning Commission of the City of Carlsbad does hereby find:
a. It has reviewed, analyzed, and considered the Negative Declaration for the
5 DRAFT 2005-2010 HOUSING ELEMENT (dated December 2008) - GPA 03-
02, the environmental impacts therein identified for this project and said
comments thereon, and the Program, on file in the Planning Department, prior to
RECOMMENDING APPROVAL of the project;
b. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental
" Protection Procedures of the City of Carlsbad;
c. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program reflect the independent judgment of the Planning Commission of the
City of Carlsbad, and;
12
d. Based on the "Project Description" and "Initial; Study (Environmental Impact
13 Assessment Form)," the Mitigation Monitoring and Reporting Program, and
comments thereon, the Planning Commission finds that there is no substantial
evidence the project will have a significant effect on the environment.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on November 18, 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, L'Heureux, Nygaard, Schumacher, and
Chairperson Montgomery
Commissioners Dominguezand Douglas
M.
CARLSBAD PLANN
ATTEST:
DONNEU
Planning Director
PC RESO NO. 6547 -4-
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
CASE NAME: Draft 2005-2010 Housing Element
CASE NO: GPA 03-02
PROJECT LOCATION: City-wide
PROJECT DESCRIPTION: The project is the adoption of the City of Carlsbad Draft 2005-.
2010 Housing Element, which requires a General Plan Amendment. California Housing Element
law requires that local jurisdictions update their housing elements every five years. The Housing
Element represents a chapter of the City's General Plan, a planning document that identifies the
community's long-term goals for development. The Housing Element chapter provides guidance,
and direction for City policymakers to address the specific housing needs of the community.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental
review of the above described project pursuant to the Guidelines for Implementation of the
California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of
the City of Carlsbad. As a result of said review, the initial study ,(EIA Part 2) identified
potentially significant effects on .the environment, but (i) mitigation measures developed before
the proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment
would occur, and (2) there is no substantial evidence in light of the whole record before the City
that the project "as revised" may have a significant effect on the environment. Therefore, a
Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City
Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated
Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad,
California 92008. Comments from the public are invited. Pursuant to Section 15204 of the
CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies
should focus on the proposed finding that the project will not have a significant effect on the
environment. If persons and public agencies believe that the project may have a significant
effect, they should: (1) identify the specific effect;'(2) explain why they believe the effect would
occur; and (3) explain why they believe the effect would be significant. Please submit comments
in writing to the Planning Department within 30 days of the date of this notice.
The proposed project and Mitigated Negative Declaration are subject to review and
approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional
public notices will be issued when those public hearings are scheduled. If you have any
questions, please call Scott Donnell in the Planning Department at (760) 602-4618.
PUBLIC REVIEW PERIOD Mav 29.2009 - June 28. 2009
PUBLISH DATE Mav 29.2009
City of Carlsbad
2005-2010 Housing Element
(General Plan Amendment GPA 03-02)
Project Description & Initial Study
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Contact: Scott Donnell, Senior Planner
(760)602-4618
Scott.Donnellf5),carlsbadca.gov
I. Project Description
Update
This environmental document, a Mitigated Negative Declaration, supersedes the Negative
Declaration circulated by the City in January and February 2009. The Draft 2005-2010 Housing
Element programs analyzed in both environmental documents remain the same. Please see the
Environmental Review section below.
Project Summary
The project is the adoption of the City of Carlsbad Draft 2005-2010 Housing Element ("Draft
Housing Element"). California Housing Element law requires that local jurisdictions update
their Housing Elements every five years. The Housing Element represents a chapter, or element,
of the City's General Plan, a planning document that identifies the community's long-term goals
for development. Adoption of the Draft Housing Element requires an amendment to the General
Plan.
The Draft Housing Element-provides guidance and direction for City.policymakers to address the
specific housing needs of the community. For this Initial Study, the project is the adoption of the
Draft Housing Element pursuant to Section 65302 of the California Government Code.
California law provides guidance to communities in the preparation of.the Housing Element.2
Per State law, the Housing Element has two main purposes:
(1) To provide an assessment of both current and future housing needs and constraints in
meeting these needs; and
(2) To provide a strategy that establishes housing goals, policies, and programs.
The Draft Housing Element is a plan for the 2005-2010 period. This differs from the City's other
General Plan elements, which cover a much longer period. The Draft Housing Element serves as
an integrated part of the General Plan but is updated more frequently to ensure its relevancy and
accuracy. The Draft Housing Element identifies strategies and programs that focus on:
(1) Conserving and improving existing affordable housing;
(2) Maximizing housing opportunities throughout the community;
(3) Assisting in the provision of affordable housing;
(4) Removing governmental and other constraints to housing investment; and
(5) Promoting fair and equal housing opportunities.
State law requires Housing Elements to be updated every five years to reflect a community's
changing housing needs, unless otherwise extended by State legislation. These five year periods, or
housing cycles, are staggered throughout the state so all California cities and counties update their
elements at different times. For San Diego County jurisdictions, the current housing cycle began
July 1,2005, and ends June 30, 2010.
The state Department of Housing and Community Development, Division of Housing Policy
Development (HCD) reviews Housing Elements for compliance with state law. With revisions
made since its initial release in April 2007, HCD has found Carlsbad's Draft Housing Element
1. California Government Code, §65588 et. seq.
2 California Government Code, §65583 et, seq.
GPA 03-02 - 2005-2010 HOUSING ELEMENT
PROJECT DESCRIPTION FOR INITIAL STUDY
Page 2
for the current housing cycle will comply with state law. This compliance is stated in a
November 21, 2008, letter from HCD to the City. The compliant version of the Draft Housing
Element is dated December 2008 and is the subject of this Project Description and Initial Study.
The preparation of the Draft Housing Element has taken several years and has involved several
public meetings before the City's Housing Commission and City Council. Now that the draft has
been completed and found compliant by HCD, the Draft Housing Element and its related
General Plan Amendment (GPA) will undergo the formal approval process. After receiving a
recommendation of approval from the Housing Commission in February 2009, the GPA also will-
be reviewed by the Planning Commission and City Council at public hearings. These hearing are
expected to take place in summer 2009. If the City Council approves the Draft Housing
Element, it will be sent to HCD for certification.
Readers may view the HCD compliance letter and the City's Draft Housing Element, dated
December 2008, at http://www.carlsbadca.gov/pdfdoc.html?pid=528
Project Location
The City of Carlsbad is located along the Pacific coast in northern San Diego County. Carlsbad
is bounded by the city of Oceanside to the north; the city of Encinitas to the south; the cities of
San Marcos and Vista, -and unincorporated San Diego County areas to the east; and the Pacific
Ocean to the west. The Draft Housing Element applies to the areas within the City limits, which
encompass approximately 42 square miles. The City contains three lagoons, extensive
agricultural lands, and several large tracts of open space.
Project Objectives
The Draft Housing Element uses the residential goals and objectives of the City's adopted Land
Use Element as a policy framework for developing more specific goals and policies in the Housing
Element. The residential goals and objectives of the Land Use Element encompass four main
themes:
1. Preservation: The City should preserve the neighborhood character, retain the identity of
existing neighborhoods, maximize open space, and ensure slope preservation.
2. Choice: The City should ensure a variety of housing types (single-family detached or
attached, multifamily apartments and condominiums) with different styles and price levels
in a variety of locations for all economic segments and throughout the City.
3. Medium and High Density Uses in Appropriate, Compatible Locations: Medium and
higher density uses should be located where compatible with adjacent land uses and where
adequately and conveniently served by commercial and employment centers, transportation
and other infrastructure, and amenities. Further, the City should encourage a variety1 of
residential uses in commercial areas to increase the advantages of "close-in" living and
convenient shopping.
4. Housing Needs: The City should utilize programs to revitalize deteriorating areas or those
with high potential for deterioration and seek to provide low and moderate income housing. \ f
GPA 03-02-2005-201 OHO iNG ELEMENT
PROJECT DESCRIPTION FOR INITIAL STUDY
Page_3
Furthermore, affecting all development in Carlsbad is the Growth Management Program, the
provisions of which are incorporated into the General Plan. Developed in 1986, the Growth
Management Program ensures the timely provision of adequate pubic facilities and services to
preserve the quality of life of Carlsbad residents. Accordingly, a purpose and intent of the Growth
Management Program is to provide quality housing opportunities for all economic segments of the
community and to balance the housing needs of the region against the public service needs of
Carlsbad's residents and available fiscal and environmental resources.
The Draft Housing Element was reviewed with regard to the Growth Management Program. As
demonstrated herein, the City can meet its obligations under the law with respect to the Regional -
Housing Needs Allocation under the Growth Management Program.
Project Characteristics
Each community in California has a responsibility to provide affordable housing and help
address statewide housing needs. A process commonly known as the Regional Housing Needs
Assessment (RHNA), mandated by State law, was developed to allocate the regional housing
needs to individual jurisdictions. The San Diego Association of Governments (SANDAG) is
responsible for developing the RHNA for the county and the 18 cities in San Diego County.
RHNA figures are developed based on statewide housing needs; regional growth patterns; local
growth potentials; housing market characteristics such as construction, demolition, and vacancy
rates; and household characteristics such as average household size. Furthermore, the RHNA is
divided into four income groups based on the county Median Family Income (MFI):
• Very Low Income (up to 50 percent MFI)
• Low Income (between 51 and 80 percent MFI)
• Moderate Income (between 81 and 120 percent MFI)
• Above Moderate Income (above 120 percent MFI)
For the 2005-2010 Housing Element cycle, the State Department of Housing and Community
Development (HCD) projected a need for 107,301 new housing units in the San Diego region.
The San Diego Association of Governments (SANDAG) is responsible for allocating this future
housing need to the 19 jurisdictions within the County. In this capacity, SANDAG developed a
RHNA that determines each jurisdiction's "fair share" of the forecasted growth through 2010.
Carlsbad's share of the regional housing need for the 2005-2010 period is allocated by SANDAG
based on factors such as recent growth trends, income distribution, and capacity for future
growth.
The City of Carlsbad was assigned a future housing need of 8,376 units for the 2005-2010
planning period, or 7.8 percent of the overall regional housing need. The City must make
available residential sites at appropriate densities and development standards to accommodate
these 8,376 units according to the following income distribution:
GPA 03-02 - 2005-2010 HOUSING ELEMENT
PROJECT DESCRIPTION FOR INITIAL STUDY
Page 4
• Very Low Income: 1,922 units (23.0 percent)
• Low Income: 1,460 units (17.4 percent)
• Moderate Income: 1.583 units (18.9 percent)
. Above Moderate Income: 3,411 units (40.7-percent)
For San Diego County, the regional growth projected by the State was for the period between
January I, 2003 and June 30, 2010. Therefore, while the Draft Housing Element is a five-year
document covering July 1, 2005 to June 30, 2010, the City has seven and one-half years (January
1, 2003 through June 30, 2010) to fulfill the RHNA. Therefore, housing units constructed or"
issued Certificates of Occupancy during this period can be credited toward the RHNA for this
housing cycle. As part of the City Inclusionary Housing program, a significant number of
affordable units have been constructed (or are under construction) since January 1,2003. Overall,
based on the number of units constructed or under construction since January 1, 2003 through
December 31, 2006, the City has already met 60 percent of its RHNA, with a remaining RHNA of
3,566 units (2,395 lower and 1,171 moderate income units). Approximately 25 percent of the units
constructed or under construction during the 2003 to 2006 period are affordable to persons in the
very low, low, and moderate income categories.
Pursuant to State law, the City must demonstrate that it has adequate vacant and underutilized
residential sites at appropriate densities and development standards to accommodate the City's
RHNA. Overall, the City has thfc capacity to accommodate 5,280 additional units on residentially
designated land and in mixed-use and redevelopment areas. This capacity includes the ability to
accommodate 3,028 lower income, 577 moderate income, and 1,675 above moderate income units.
Combined, the City has land resources to meet the remaining RHNA of 3,566 units for lower and
moderate income households using properties designated for Residential High and Residential
Medium High densities. As the RHNA for above moderate income housing has already been
satisfied by residences constructed through 2006, there is no remaining need to address for this
income group.
In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth Management
Plan. This program lowered the City's residential buildout capacity and imposed very specific
facility improvement and/or fee requirements for all new development. The program divided the
City into four quadrants and established a dwelling unit cap per quadrant. The cap for the entire
City is 54,600 units, although the individual quadrant caps cannot be exceeded without approval
from Carlsbad voters. The accommodation of the City's RHNA can be accomplished within the
City's Growth management dwelling unit cap. While the Draft Housing Element does include
programs (e.g., 2.1 and 2.2) to increase or allow residential density on several residential and
non-residential properties for purposes of meeting the City's RHNA for lower and moderate
income housing, the Draft Housing Element does not propose housing development beyond the
total dwelling units anticipafed in the City's existing General Plan.
The Draft Housing Element includes goals, policies, and programs to further facilitate increasing
the supply of affordable housing; however, it does not directly provide for approval or
construction of any housing, nor directly change any land use designations, use, or development
standards. Individual development projects and proposed land use and code changes pursuant to
adoption and implementation of the Draft Housing Element will be subject to separate
environmental review as necessary by the City. ' ^
GPA 03-02 - 2005-2010 HO JMG ELEMENT V
PROJECT DESCRIPTION FOR INITIAL STUDY
PageS
Environmental Review
A Negative Declaration (SCH #2006051076) for the Draft Housing Element, dated December
2008, was circulated for public review from January 29 to February 28, 2009. (An earlier
Negative Declaration, circulated in 2006, was prepared for a now superseded version of the
Housing Element and is no longer valid.) In response to comments received on the 2009
circulation, this Mitigated Negative Declaration has been prepared. No changes have been made
to the Draft Housing Element programs analyzed in either document.
information on the environmental documents referenced in this document is listed below and at -
the end of Part II of this document, the Initial Study. Because of its age, the General Plan Final
Master Environmental Impact Report (EIR), adopted in 1994, is used primarily for background
information.
Document
General Plan Master
EIR
Final EIR, Robertson
Ranch Master Plan
Final EIR, Ponto
Beachfront Village
Vision Plan
Negative Declaration,
Village Master Plan
and Design Manual
Changes
T~\..n-fi- pip J •» fri'-ta
Draft Subsequent
EIR, Former South
Coast Quarry
Amended
Reclamation Plan
Draft EIR, Bridges at
Aviara
EIR for Regional
Comprehensive Plan
Status
Certified in 1994
Certified in 2006
Certified in-2007
Adopted in 2007
Draft rolooGod for
Public review of
Draft EIR completed
Notice of Preparation
released February 3,
2009
Certified in 2004
y
Approving
Resolution
City Council
Resolution 94-246
City Council
Resolution 2006-324
City Council
Resolution 2007-303
City Council
Resolution 2007-274,
Housing and
Redevelopment
Commission
Resolution 446
•NT/A.i. ir~z~x
N/A (City of
Oceanside)
N/A
San Diego
Association of
Governments
Resolution 2005-01
State Clearinghouse
Identification #
93091080
2004051039
2007031141
2007071132
i/vno,/! 1 1 <o
2005021119
2009021030
20040111411
As mentioned, the Draft Housing Element includes programs that propose city-initiated actions
to increase or allow residential density on several properties. These actions are needed to enable
the City of Carlsbad to meet its RHNA obligation for lower and moderate income housing. The
GPA 03-02 - 2005-2010 HOUSING ELEMENT
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City has also counted privately-proposed residential projects toward fulfilling its RHNA
obligation. Draft Housing Element Section 4 discusses environmental constraints and
information for all sites, whether counted because of city or private proposals.
City Proposals
Proposed programs 2.1 and 2.3 identify the need for General Plan Amendments and other land use
regulation changes for several properties, or sites. Some of these sites are already undergoing or
have completed environmental review that is relevant to Program 2.1. For example, the properties-
identified as "Ponto" and "Commercial Mixed Use Ponto" are part of the adopted Ponto
Beachfront Village Vision Plan, for which an Environmental Impact Report (EIR) has been
certified. This EER. analyzed the potential environmental impacts of high density and mixed use
residential projects at densities and unit numbers consistent with those identified in Program 2,1.
Therefore, additional environmental review is not anticipated to be necessary to adopt the required
land use changes identified in the Draft Housing Element for the Ponto properties.
In October 2007, the City Council adopted changes to the Village Master Plan and Design Manual
and other applicable documents that, among other things, established density ranges with minimum
and maximum densities in the Village Redevelopment Area. As part pf this action, the City
Council also adopted a Negative Declaration, which considered the environmental impacts of 937
additional residences that could be-built in the Village area as a result of the changes. Under
Program 2.1, the increased minimum densities proposed in the Village area, which are within the
adopted density ranges, would allow up to 875 of the 937 units. Therefore, additional
environmental review is not required to implement Program 2.1 changes to the Village Master Plan
and Design Manual and other applicable regulations.
Another site identified in Program 2.1 is Quarry Creek. Quarry Creek is an approximately 100"
acre property in Carlsbad. Hard rock mining was undertaken over several decades on portions of
the property. Mining also took place on adjacent property in the City of Oceanside, all but about
four acres of which has been already reclaimed and developed as a shopping center.
For the 100 acre Quarry Creek property in Carlsbad, the City's General Plan currently designates
about 76 acres of the site for residential development and 24 acres as open space. The program
proposes two new residential land use designations to replace the property's current residential
designation that would increase the density currently allowed and in rum increase the housing unit
yield. The program does not propose any particular site design as part of the.density-increase. The
City of Oceanside, as lead agency per agreement with the City of Carlsbad, has circulated a Draft
EIR for the reclamation of past mining activities at Quarry Creek (listed above as "Draft
Subsequent EIR, Former South Coast Quarry Amended Reclamation Plan"). Although in draft
form, the environmental document provides relevant information to consideration of the Quarry
Creek site. If certified by Oceanside, the mitigation measures identified in the Quarry Creek EIR
can be implemented by Carlsbad, the agency responsible to review, approve, and issue all
discretionary and grading permits for all work necessary to complete the reclamation for the
majority of the Quarry Creek property that is located in the City of Carlsbad. The permits filed
with Carlsbad include Special Use Permit (floodplain) SUP 07-03, Habitat Management Plan
Permit HMP 07-06, and Hillside Development Permit HDP 07-01. However, it is recognized that
implementation of land use changes identified for the Quarry Creek site per Program 2.1 will
require its own environmental review. *9 I
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Program 2.1 proposes other changes to land use designations and standards as follows:
• Increase the minimum densities of the residential RMH and RH General Plan land use
designations as follows. Existing density information is provided for perspective:
Designation
RMH
RH
Densities*
Existing
Minimum
density
8.5
15
Existing
Growth
Management
Control Point
11.5
19
Proposed
Minimum
Density
12
20
Existing
maximum
density
15
23
*All densities in housing units per acre.
The proposed minimum density increases affect underutilized and vacant, unentitled
properties in the RMH and RH designations. These properties are generally small and
scattered throughout Carlsbad. When compared to existing minimum densities, the
increased minimum densities potentially enable approximately 1^0 more units to be built.
This increase in units would not cause Growth Management dwelling unit caps to be
exceeded nor exceed 'residential buildout figures as estimated by the General Plan.
However, Government Code Section 65863, provisions of which were incorporated into
the Carlsbad General Plan and Zoning Ordinance in 2004, restricts a city's ability to
approve densities below those utilized to determine compliance with housing element
law. For the previous housing element, which was in effect in 2004, densities utilized to
determine compliance were those at the Growth Management Control Point (GMCP). For
the Draft Housing Element, the GMCP is also used to .determine housing law compliance,
except where densities increases are proposed as described in this paragraph, Program
2.1, and as part of the private proposal discussed below and in the Draft Housing
Element.
In keeping with Section 65863, residential projects approved by the City have densities
generally at or near the GMCP. Densities are permitted below the GMCP only if specific
findings are made.
As evidenced in the table above, the proposed minimum densities of 12 and 20 units per
acre represent only slight increases over the Growth Management Control Points for the
RMH and RH designations. These minor density changes potentially increase the yield
by 25 additional units on properties designated RMH and RH when compared to existing
Growth Management Control Points. Because the density increase is slight and affected
parcels are scattered throughout Carlsbad, the City does not anticipate implementation of
this component of Program 2.1 will require additional environmental review.
The proposed minimum densities will apply to other projects discussed herein as well,
such as Quarry Creek and La Costa Town Square, and the proposed densities have been
or will be considered in the environmental documents for those other projects.
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• Allow housing, in the form of mixed use residential and commercial projects, in
Carlsbad's commercial zones. Such uses are already conditionally permitted in the City's
commercial districts. Program 2.1 would allow mixed use residential by right, rather than
by conditional use permit. The City does not anticipate this program will require
additional environmental review.
• Amend land use designations in the Barrio Area to permit higher density residential than
currently exists and mixed-use (commercial and residential) development. Preparation of
development standards and land use changes will require environmental review.
Private Proposals
Additionally, the Draft Housing Element relies on private projects, identified in many of the
tables of Draft Housing Element Section 3, which have been approved or are undergoing the
review process. Since these are private projects and not proposed city actions, they are not
included in any Draft Housing Element programs. For the approved projects, including
Robertson Ranch (see Table 3-4) and others (see Table 3-11), all environmental analysis has
been completed to enable the projects to be built as reported in the Draft Housing Element.
Further, Table 3-12 identifies the construction of 80 second dwelling units toward meeting the
City's lower income housing need. As accessory uses to single-family dwellings, second
dwelling units are exempt from environmental review. -
Table 3-4 also identifies the Bridges at Aviara and-La'Costa Town Square as twe-a proposed
project with units to help meet the City's RHNA. As indicated in the table above, an EIR s-are
currently is being prepared for eaefe-the Bridges at Aviara project. In addition, this betk project
proposes amendments to the General Plan and other regulatory documents as needed to provide
the land use designations, densities, and housing unit numbers as identified in Table 3-4.
Accordingly, no subsequent environmental review will be necessary.
SANDAG Regional Comprehensive Plan and Smart Growth
In 2004, the San Diego Association of Governments (SANDAG) adopted the Regional
Comprehensive Plan (RCP) for the San Diego region. The RCP provides a vision for the region
based on smart growth and sustainability. The RCP is the long-range planning document that
addresses the region's housing, economic, transportation, environmental and overall quality of
life needs. A key implementation action of the RCP has been the development of a "Smart
Growth Concept Map" illustrating the location of existing, planned, and potential smart growth
areas. The SANDAG Board accepted an initial Smart Growth Concept Map in 2006 and an
updated Concept Map in 2008.
The RCP defines smart growth as a compact, efficient, and environmentally-sensitive pattern of
development that provides people with additional travel, housing, and employment choices by
focusing future growth away from rural areas and closer to existing and planned job centers and
public facilities, while preserving open space and natural resources and making more efficient
use of existing urban infrastructure.
The updated Concept Map identifies four smart growth areas in Carlsbad, all of which are
proposed in the Draft Housing Element as sites for high density residential and/or mixed use
development. These sites fit the smart growth definition because they are in or near developed l_ ^
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areas and are proximate to major transportation corridors, transit facilities, job centers, and
public facilities and amenities. They also comply with the City's General Plan policies guiding
the location of high density housing and mixed use projects. As identified in the Draft Housing
Element, these sites are the Barrio Area, Village Redevelopment Area, Quarry Creek, Ponto, and
Plaza Camino Real. The Barrio and Village Redevelopment areas are counted as one smart
growth area in the RCP.
As part of its 2004 adoption of the RCP, SANDAG certified a Program EIR. As a program level
document, the certified EIR analyzes potential environmental impacts at a broad, rather than
project-specific, level. In addition, since it was prepared before the concept maps, the EIR did
not analyze any of the maps' smart growth areas, including those in Carlsbad. The Program EIR
mitigation measures apply to projects in general and recognize that proposed smart growth
projects, for example, will be subject to subsequent environmental review to address potential
.individual environmental impacts. As discussed below, mitigation measures are proposed to
ensure potential impacts associated with implementation of Draft Housing Element programs,
'including that which feature smart growth sites as identified in the RCP, are adequately analyzed
and addressed.
Conclusion
In the attached Mitigation Monitoring and Reporting Program (MMRP), mitigation measures are
included to reduce identified potential significant impacts to a less than significant level for
housing facilitated by the Draft Housing Element. However, these mitigation measures will not
be applied to the approved city and private proposal projects discussed above that have already
undergone environmental review. At a minimum, projects still pending completion of
environmental review will comply with all applicable mitigation measures identified in the
MMRP and/or they will comply with equal or better mitigation measures specifically developed
as each project progresses.
Housing Plan
The Housing Plan section of the Draft Housing Element establishes a policy framework to guide
City decision-making to meet identified goals and objectives and is implemented through a series
of housing policies and programs offered by the City. The housing programs outlined below
represent actions the City of Carlsbad will undertake to promote housing opportunities for all
segments of the community. Because of their continued success and relevancy, many of the goals,
objectives, policies, and programs contained in the Housing Plan have been .carried forward from
the City's previous Housing Element, adopted in 2000.
These programs outlined below are from the Draft Housing Element dated December 2008. Since
only programs are identified below, the reader is referred to Section 6 of the Draft Housing
Element for all goals, objectives, policies and other information contained in the Housing Plan.
Draft Housing Element Programs
Preservation
Preserving the existing housing stock and avoiding deterioration that often leads to the need for
substantial rehabilitation is one of the City's goals. In addition, it is important to preserve
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affordable housing units in the community to maintain adequate housing opportunities for all
residents.
Program 1.1: Condominium Conversion
The City will continue to discourage and/or restrict condominium conversions when such
conversions would reduce the number of low or moderate income housing units available
throughout the City. All condominium conversions are subject to the City's Inclusionary Housing
Ordinance; the in-lieu fees or actual affordable units required by the ordinance would be used to
mitigate the loss of affordable rental units from the City's housing stock.
Program 1.2: Mobile Home Park Preservation
The City will continue to implement the City's Residential Mobile Home Park zoning ordinance
(Municipal Code 21.37) that sets conditions on changes of use or conversions of Mobile Home
Parks.
The City will also assist lower income tenants to research the financial feasibility of purchasing
their mobile home parks so as to maintain the rents at levels affordable to its tenants.
Program 1.3: Acquisition/Rehabilitation of Rental Housing
The City will continue to provide assistance to preserve the existing stock of low and moderate
income rental housing, including:- - •
• Provide loans, grants, and/or rebates to owners of rental properties to make needed repairs
and rehabilitation.
• Acquire and rehabilitate rental housing that is substandard, deteriorating or in danger of
being demolished. Set-aside at least 20 percent of the rehabilitated units for very low
income households.
• Provide deferral or subsidy of planning and building fees, and priority processing.
Priority will be given to housing identified by the Building Department as being substandard or
deteriorating, and which houses lower income and in some cases moderate income households.
Program 1.4: Rehabilitation of Owner-Occupied Housing
As the housing stock ages, the need for rehabilitation assistance may increase. The City will
provide assistance to homeowners to rehabilitate deteriorating housing. Energy conservation
improvements are eligible activities under the City's rehabilitation assistance. Assistance will
include financial incentives in the form of low interest and deferred payment loans, and rebates.
Households targeted for assistance include lower-income and special needs (disabled, large, arid
senior) households.
Program 1.5: Preservation of At-Risk Housing
One project - Seascape Village - within the City may be considered as at risk. This project has
deed restrictions on 42 units that are set to expire January 1, 2009. The City will monitor the
status of projects such as Seascape Village that may be at-risk, ensure tenants receive proper
H\
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notification of any changes and are aware of available special Section 8 vouchers, and contact
nonprofit housing developers to solicit interest in acquiring and managing at risk projects.
Housing Opportunities
A healthy, sustainable community relies on its diversity and its ability to maintain balance among
different groups. The City encourages the production of new housing units that offer a wide range
of housing types to meet the varied needs of its diverse population. A balanced inventory of
housing in terms of unit type (e.g., single-family, apartment, condominium, etc.), cost, and
architectural style will allow the City to fulfill a variety of housing needs.
Program 2.1: Adequate Sites
The City will continue to monitor the absorption of residential acreage in all densities and, if
needed, recommend the creation of additional residential acreage at densities sufficient to meet the
City's housing need for current and future residents. Any such actions shall be undertaken only
where consistent with the Growth Management Plan.
• In order to ensure that adequate residential acreage at appropriate densities is available to
meet the City's Regional Housing Needs Assessment (RHNA) the City will implement
the following objectives:
• The City shall process a general plan amendment(s) to redes'ignate a minimum net
acreage of each- site in Table 6-1 to RH and require that the redesignated sites be
developed, at a minimum density of 20 units per acre. As part of this program, the City
shall also process all necessary amendments to the Zoning Ordinance and other planning
documents, such as master or specific plans.
Table 6-1
General Plan Amendment (RH): Ponto and Quarry Creek
Property
Ponto
Quarry Creek
Commercial
Mixed Use
Ponto
APN
216-140-17
Portions of 167-040-
21
Portion of 216-140-
18
Approximate
Minimum Acres to be
Redesignated to RH
6.4
.15.0
2.8
Density
Yield
128
300
28
The City shall process a general plan amendment(s) to redesignate a minimum net
acreage of each site' in Table 6-2 to RMH and require that the redesignated site be
developed at a minimum density of 12 units per acre. As part of this program, the City
shall also process all necessary amendments to the Zoning Ordinance and other planning
documents, such as master or specific plans.
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Table 6-2
General Plan Amendment (RMH): Quarry Creek
Property
Quarry Creek
APN
Portions of 167-040-
21
Approximate Minimum
Acres to be
Re-designated to RMH
17 '
Density
Yield
200
• The City shall process general plan amendments to establish minimum densities of 12
units per acre and 20 units per acre for the RMH and RH land use designations,
respectively, except for those RH designated properties in the Beach Area Overlay Zone.
• Residential projects and mixed use projects with residential components within the
Village Redevelopment Area shall be developed at minimum densities equal to 80% of
the maximum of the density range. For land use districts 1-4 (density range of 15 - 35
units per acre), as specified in the Carlsbad Village Redevelopment Master Plan and
Design Manual, 80% shall be 28 units per acre. For land use districts 5-9 (density range
of 15 - 23 units per acre), 80% shall be 18 units per acre. "Furthermore, the City shall
approve modifications to development standards of the Carlsbad1 .Village Redevelopment
Master Plan and.Design Manual if a project satisfactorily demonstrates as determined by
the City that such modifications are necessary to achieve the minimum densities.
• The City shall process amendments to the general plan and zoning ordinance and process
other planning documents as necessary to establish and permit the minimum densities,
areas, and land uses as described in Section 3 and specified in Tables 3-4, 3-6 and 3-9 for
the Barrio Area.
• The City shall amend its zoning ordinance, general plan, and other land use documents as
necessary to permit residential in a mixed use format on shopping center sites and
commercial areas with a General Plan designations of "CL" and "R" and zoning
designations of "C-L," "C-l" and "C-2," and/or other general plan and zoning
designations as appropriate. Mixed use residential on shopping center and commercial
sites shall be at a minimum density of 20 units per acre.
• The City will encourage the consolidation of small parcels in order to facilitate larger-
scale developments. Specifically, the City will make available an inventory of vacant
and underutilized properties to interested developers, market infill and redevelopment
opportunities throughout the City, particularly in the Village Redevelopment Area and
proposed Barrio Area, and meet with developers to identify and discuss potential project
sites.
For the Barrio Area, incentives shall be developed to encourage the consolidation of
parcels and thus the feasibility of affordable housing. These incentives shall include
increased density and other standards modifications. Incentives are not necessary for the
Village Redevelopment Area as standards modifications (including increased density) are
already permitted for affordable housing, "green" buildings, and projects which meet the
u
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goals and objectives of the Village (which include residential and mixed use
developments).
Program 2.2: Flexibility in Development Standards
The Planning Department, in its review of development applications, may recommend waiving or
modifying certain development standards, or propose changes to the Municipal Code to encourage
the development of low and moderate income housing.
Program 2.3: Mixed Use
The City will encourage mixed-use developments that include a residential component. Major'
commercial centers should incorporate, •where appropriate, mixed commercial/residential uses.
Major industrial/office centers, where not precluded by environmental and safety considerations,
should incorporate mixed industriaVoffice/residential uses.
• As described in Program 2.1, the City shall amend the zoning ordinance and other
necessary land use documents to permit residential mixed use at 20 units per acre on
shopping center sites and commercial areas.
Program 2.4: Energy Conservation
The City of Carlsbad has established requirements, programs, and actions to improve household
energy efficiency, promote sustainability, and lower utility costs.
• Enforce California building and subdivision requirements by requiring compliance with
state energy efficiency standards (including adoption of the California Energy Code, 2007
Edition) and state Subdivision Map Act energy conservation provisions (Government Code
section 66473.1). This latter code section .requires subdivision design to provide future
homes with passive or natural heating opportunities to the extent feasible through, for
example, lot orientation.
• Encourage solar water heating by requiring new residential construction (ownership
dwelling units only) to pre-plumb to accommodate solar hot water systems. This
requirement has been in effect since 1981.
• Promote and participate in regional water conservation programs that allow Carlsbad
Municipal Water District (CMWD) residents to receive rebates for water efficient.clothes
washing machines and toilets, free on-site water use surveys^ and vouchers for weather-
based irrigation controllers. The City publicizes these programs on its website at
www.carlsbadca.gov/water/ wdtips.html. CMWD serves approximately 75 percent of the
City.
CMWD is also a signatory t& the California Urban Water Conservation Council Memorandum of
Understanding ("MOU"). Signatories to the MOU implement 14 Best Management Practices
that have received a consensus among water agencies and conservation advocates as the best and
most realistic methods to produce significant water savings from conservation.
In 1991, Carlsbad adopted a five-phase Recycled Water Master Plan designed to save potable
water. The result is that CMWD has the most aggressive water recycling program in the region
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when measured in terms of percent of supply derived from recycled water. In its 2005 Urban
Water Management Plan, CMWD estimates that in 2020 seven percent of the water needs of the
area it serves will be met by conservation, 21 percent by recycled water usage, and 72 percent by
desalinated water.
• In the Village Redevelopment Area, encourage energy conservation and higher density
development by the modification of development standards as necessary to:
o Enable developments to qualify for silver level or higher LEED (Leadership in"
Energy & Environmental .Design) Certification, or a comparable green building
rating, and to maintain the financial feasibility of the development with such
certification.
o Achieve densities at or above the minimum required if the applicant can provide
acceptable evidence that application of the development standards precludes
development at such densities.
Modifications may include but are not limited to changes to density, parking standards,
building setbacks and height, and open space.
• Facilitate resource conservation for all households by making available through a
competitive process Community Development Block Grants to non-profit organizations
that could use such funds to replace windows, plumbing fixtures, and other physical
improvements in lower-income neighborhoods, shelters, and transitional housing.
• Per General Plan policy, reduce fossil fuel consumption and pollution and improve
residents' health by requiring:
o New development to provide pedestrian and bike linkages, when feasible, which
connect with nearby community centers, parks, school, and other points of interest
and major transportation corridors.
o Multi-family uses to locate near commercial centers, employment centers, and
major transportation corridors.
• Designate "smart growth" areas in the City to help implement the San Diego Association
of Governments Regional Comprehensive Plan vision for compact, sustainable growth.
• Per the City's Growth Management Program:
o Facilitate development of higher density, affordable, and compact development
by allowing withdrawals from the City's Excess Dwelling Unit Bank (see Section
4 for furtheradetails) only for certain qualifying projects; these projects include
transit-oriented/smart growth developments, senior and affordable housing, and
density bonus requests.
o Encourage infill development in urbanized areas before allowing extensions of
pubic facilities and improvements to areas which have yet to be urbanized.
Program 3.1: Indusionary Housing Ordinance
The City will continue to implement its Inclusionary Housing Ordinance that requires 15 percent
of all residential units within any Master Plan/Specific Plan community or other qualified o^t
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subdivision (currently seven units or more) be restricted and affordable to lower income
households. This program requires an agreement between all residential developers subject to this
inclusionary requirement and the City which stipulates:
• the number of required lower income inclusionary units;
• the designated sites for the location of the units;
• a phasing schedule for production of the units; and
• the term of affordability for the units.
For all subdivisions of fewer than seven units, payment of a fee in lieu of inclusionary units is
permitted. The fee is based on a detailed study that calculated the difference in cost to produce a
market rate rental unit versus a lower-income affordable unit. As of September 1, 2006, the in-lieu
fee per market- rate dwelling unit was $4,515. The fee amount may be modified by the City
Council from time-to-time and is collected at the time of building permit issuance for the market
rate units. The City will continue to utilize inclusionary in-lieu fe.es collected to assist in the
development of affordable units.
The City will also continue to consider other in-lieu contributions allowed by the Inclusionary
Housing Ordinance, such as an irrevocable offer to dedicate developable land.
Program 3.2: Excess Dwelling ffhit Bank ' •
The City will continue to maintain, monitor and manage the Excess Dwelling Unit Bank,
composed of "excess units" anticipated under the City's Growth Management Plan, but not utilized
by developers in approved projects. The City will continue to make excess units available for
inclusion in other projects using such tools as density transfers, density bonuses and changes to the
General Plan land use designations per Council Policy Statement 43.
Based on analysis conducted in Section 4, Constraints and Mitigating Opportunities., the City has
adequate excess dwelling units to accommodate the remaining RHNA of 2,395 units for lower and
1,171 units for moderate income households, which would require the withdrawal of 2,830 units
from the Excess Dwelling Unit Bank.
Program 3.3: Density Bonus
In 2004, the State adopted new density bonus provisions (SB 1818) that went into effect on
January 1, 2005. Consistent with the new State law (Government Code sections 65913.4 and
65915), the City will continue to offer residential density bonuses as a means of encouraging
affordable housing development. In exchange for setting aside a portion of the development as
units affordable to lower and moderate income households, the City will grant a bonus over the
otherwise allowed density, and up to three financial incentives or regulatory concessions. These
units must remain affordable for a period of 30 years and each project must enter into an agreement
with the City to be monitored by the Housing and Redevelopment Department for compliance.
The density bonus increases with the proportion of affordable units set aside and the depth of
affordability (e.g. very low income versus low income, or moderate income). The maximum
density bonus a developer can receive is 35 percent when a project provides 11 percent of the
units for very low income households, 20 percent for low income households, or 40 percent for
moderate income households.
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Financial incentives and regulatory concessions may include but are not limited to: fee waivers,
reduction or waiver of development standards, in-kind infrastructure improvements, an additional
density bonus above the requirement, mixed use development, or other financial contributions.
* . '
Program 3.4: City-Initiated Development
The City, through the Housing and Redevelopment Department, will continue to work with private
developers (both for-profit and non-profit) to create housing opportunities for low, very low and
extremely low income households.
Program 3.5: Affordable Housing Incentives
The City uses Redevelopment Housing Set-Aside Funds and Housing Trust Funds to offer a
number of incentives to facilitate affordable housing development. Incentives may include:
• Payment of public facility fees;
• In-kind infrastructure improvements, including but not limited to street improvements,
sewer improvements, other infrastructure improvements as needed;
• Priority processing, including accelerated plan-check process, for projects that do not
require extensive engineering or environmental review; and
• Discretionary consideration of density increases above the maximum permitted by the
General Plan through review and approval of a Site Development Pjan (SDP).
Program 3.6: Land Banking
The City will continue to implement a land banking program to acquire land suitable for
development of housing affordable to lower and moderate income households. The Land Bank
may accept contributions of land in-lieu of housing production required under an inclusionary
requirement, surplus land from the City or other public entities, and land otherwise acquired by the
City for its housing programs. This land would be used to reduce the land costs of producing
lower and moderate income housing by the City or other parties.
The City has already identified a list of nonprofit developers active in the region. When a City-
owned or acquired property is available, the City will solicit the participation of these nonprofits to
develop affordable housing. Affordable Housing Funds will be made available to facilitate
development and the City will assist in the entitlement process.
Program 3.7: Housing Trust Fund
The City will continue to maintain the various monies reserved for affordable housing, and
constituting the Housing Trust Fund, for the fiduciary administration of monies dedicated to the
development, preservation and rehabilitation of housing in Carlsbad. The Trust Fund will be the
repository of all collected in-lieu fees, impact fees, housing credits and related revenues targeted
for proposed housing as weir as other local, state and federal funds.
Program 3.8: Section 8 Housing Choice Vouchers
The Carlsbad Housing Authority will continue to operate the City's Section 8 Housing Choice
Voucher program to provide rental assistance to very low income households.
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Program 3.9: Mortgage Credit Certificates
The City participates in the San Diego Regional Mortgage Credit Certificate (MCC) Program. By
obtaining a MCC during escrow, a qualified homebuyer can qualify for an increased loan amount.
The MCC entitles the homebuyer to take a federal income tax credit of 20 percent of the annual
interest paid on the mortgage. This credit reduces the federal income taxes of the buyer, resulting
in an increase in the buyer's net earnings.
Program 3. JO: Senior Housing
The City will continue to encourage a wide variety of senior housing opportunities, especially for
lower-income seniors with special needs, through the provision of financial assistance and -
regulatory incentives as specified in the City's Senior Housing Overlay zone. Projects assisted
with these incentives will be subjected to the monitoring and reporting requirements to assure
compliance with approved project conditions.
In addition, the City has sought and been granted Article 34 authority by its voters to produce 200
senior-only affordable housing units. The City would need to access'its Article 34 authority only
when it functions as the owner of the project, where the City owns more than 51 percent of the
development.
Program 3.11: Housing for Persons with Disabilities
The City will adopt an ordinance-to establish a "formal policy on offering reasonable
accommodations to persons with disabilities with regard to the construction, rehabilitation, and
improvement of housing. The ordinance will specify the types of requests that may be
considered reasonable.accommodation, the procedure and reviewing/approval bodies for the
requests, and waivers that the City may offer to facilitate the development and rehabilitation of
housing for persons with disabilities.
Program 3.12: Ho using for Large Families
In those developments that are required to include 10 or more units affordable to lower-income
households, at least 10 percent of the lower income units should have three or more bedrooms.
This requirement does not pertain to lower-income senior housing projects.
Program 3.13: Farm Labor Housing
Pursuant to the State Employee Housing Act, the City permits by right employee housing for six or
fewer in all residential zones where a single-family residence is permitted. Farm labor housing for
12 persons in a group quarters or 12 units intended'for families is permitted by right on properties
where agricultural uses are permitted. In 2004, the City amended the Zoning Code to
conditionally permit farm labor housing for more than 12 persons in a group quarters or 12
units/spaces for households in the E-A, O, C-l, C-2, C-T, C-M, M, P-M, P-U, 0-S, C-F and C-L
zones.
3
Program 3.14: Housing for the Homeless
Carlsbad will continue to facilitate the acquisition, for lease or sale, of suitable sites for emergency
shelters and transitional housing for the homeless population. This facilitation will include:
• Participating in a regional or sub-regional summit(s) including decision-makers from North
County jurisdictions and SANDAG for the purposes of coordinating efforts and resources
to address homelessness;
•27
GPA 03-02 - 2005-2010 HOUSING ELEMENT
PROJECT DESCRIPTION FOR INITIAL STUDY
Page 18
» Assisting local non-profits and charitable organizations in securing state and federal
funding for the acquisition, construction and management of shelters;
• Continuing to provide funding for local and sub-regional homeless service providers that
operate temporary and emergency shelters; and
• Identifying a specific zoning district in the City where emergency shelters will be permitted
by right, with the following criteria:
o The appropriate zoning district will offer easy access to public transportation and
supportive services.
o The zoning district should also contain adequate vacant and underutilized sites or
building that can be converted to accommodate emergency shelters.
o Besides being subject to the same development standards applied to other
development in the specified zoning district, the City will establish objective
development standards to regulate the following: 1) the maximum number of
beds/persons., permitted to be served nightly; 2) off-street parking based on
demonstrated need, but not to exceed parking requirements for other residential or
commercial uses in the same zone; 3) The size/location of exterior and interior
onsite waiting and client intake areas; 4) The provision of onsite management; 5)
The proximity of other emergency shelters, provided that emergency shelters are
not required to be more than 300 feet apart; 6) The length; of stay; 7) Lighting; and
8) Security during hours that the emergency shelter is in operation.
Program 3.15: Transitional and Supportive Housing
Currently, the City's Zoning Ordinance does not address the provision of transitional housing and
supportive housing. The City will amend the Zoning Ordinance to clearly define transitional
housing and supportive housing. When such housing is developed as group quarters, they should
be permitted as residential care facilities. When operated as regular multi-family rental housing,
transitional and supportive housing should be permitted by right as a multi-family residential use
in multi-family zones.
Program 3.16: Supportive Services for Homeless and Special Needs Groups
The City will continue to provide CDBG funds to community, social welfare, non-profit and other
charitable groups that provide services for those with special needs in the North County area.
Furthermore, the City will work with agencies and organizations that receive CDBG funds to offer
a City Referral Service for homeless shelter and other supportive services.
Program 3.17: Alternative Housing
The City will continue to implement its Second Dwelling Unit Ordinance (Section 21.10.015 of the
Carlsbad Municipal Code) ^nd will continue to consider alternative types of housing, such as
hotels and managed living units.
Program 3.18: Military and Student Referrals
The City will assure that information on the availability of assisted or below-market housing is
provided to all lower-income and special needs groups. The Housing and Redevelopment Agency
will provide information to local military and student housing offices of the availability of low-
income housing in Carlsbad.
GPA 03-02-2005-201 OHOv *NG ELEMENT
PROJECT DESCRIPTION FOR INITIAL STUDY
Page 19
Program 3.19: Coastal Housing Monitoring
As a function of the building process, the City will monitor and record Coastal Zone housing data
including, but not limited to, the following:
1) The number of new housing units approved for construction within the coastal zone after
January 1,1982.
2) The number of housing units for persons and families of low or moderate income, as
defined in Section 50093 of the Health and Safety Code, required to be provided in new
housing developments within the coastal zone.
3) The number of existing residential dwelling units occupied by persons and families of low
or moderate income that are authorized to be demolished or converted in the coastal zone
pursuant to Section 65590 of the Government Code.
4) The number of residential dwelling units occupied by persons and families of low or
moderate income, as defined in Section 50093 of the Health and Safety Code that are
required for replacement or authorized to be converted or demolished as identified above.
The location of the replacement units, either onsite, elsewhere within the City's coastal
zone, or within three miles of the coastal zone in the City, shall be designated in the review.
Program 3.20: Housing Element Annual Report
To retain the Housing Element as a viable policy document, the Planning Department will
undertake an annual review of the Housing Element and schedule an amendment if required. As
required, staff also monitors the City's progress in implementing the Housing Element and
prepares corresponding reports to the City Council, SANDAG, and California Department of
Housing and Community Development annually.
Fair Housing
Equal access to housing is a fundamental right protected by'both State and Federal laws. The City
of Carlsbad is committed to fostering a housing environment in which housing opportunities are
available and open to all.
Program 4.1: Fair Housing Services
With assistance from outside fair housing agencies, the City will continue to offer fair housing
services to its residents and property owners. Services include:
• Distributing educational materials to property owners, apartment managers, and tenants;
• Making public announcements via different media (e.g. newspaper ads and public service
announcements at local radio and television channels);
• Conducting public presentations with different community groups;
• Monitoring and responding to complaints of discrimination (i.e. intaking, investigation of
complaints, and resolution); and
• Referring services to appropriate agencies.
II. Initial Study (Environmental Impact Assessment Form)
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: GPA 03-02
DATE: May 29.2009
BACKGROUND
1. CASE NAME: DRAFT 2005-2010 HOUSING ELEMENT ; -
2. LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad - 1635 Faradav Avenue. Carlsbad.
CA 92008-7314
3. CONTACT PERSON AND PHONE NUMBER: Scott Donnell. Senior Planner- f760) 602-
4618
4. PROJECT LOCATION: Citvwide
5. PROJECT SPONSOR'S NAME AND ADDRESS: Same as Lead Agency, above
6. GENERAL PLAN DESIGNATION: N/A-Citvwide ._ ;
7. ZONING: N/A-'Citvwide
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): Once adopted by the City, certification of the Draft
Housing Element from the.StateDepartment of Housing and Community Development.
Division of Housing Policy Development is required.
9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES: See Project Description
( GPA 03-02
2005-2010 Housing Element
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact
Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
J Aesthetics
J Agricultural Resources
71
j Air Quality
J Biological Resources
J Cultural Resources
Geology/Soils [Xj Noise
JEI Hazards/Hazardous Materials D Population and Housing
(Xj Hydrology/Water Quality [Xj Public Services
j j Land Use and Planning [ | Recreation
Mineral Resources
Mandatory Findings of
Significance
Transportation/Circulation
Utilities & Service Systems
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GPA 03-02
2005-2010 Housing Element
DETERMINATION.
(To be completed by the Lead Agency)
I ( I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared,
I I I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
j I I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysts
as described on attache'd sheets. A Negative Declaration is required, but it must analyze only the effects
that remain to be addressed.
| j I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier ENVIRONMENTAL IMPACT. REPORT or NEGATIVE DECLARATION
pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the-proposed project. Therefore, nothing further is required.
Planner Signature Date
Planning Director's Signature Date
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GPA 03-02
2005-2010 Housing Element
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The
Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
identifies any physical, biological and human factors that might be impacted by the proposed project and provides
the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR),
Negative Declaration, or to rely on a previously approved EJR or Negative Declaration.
• A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by an information source cited in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved. A "No Impact" answer should be explained when there is no source
document to refer to, or it is based on project-specific factors as well as general standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not
significantly adverse, and the impact does not exceed adopted general standards and policies.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact."
The developer must agree to the mitigation, and the City must describe tne mitigation measures, and briefly
explain how they reduce the effect to a less than significant level.
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly
adverse. ' ' -
• Based on an "EIA-Jnitia] Study",-if a proposed project could have a potentially significant adverse effect on
the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an
earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided
or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or
mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a
supplement to or supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional environmental
document is required.
« When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR
if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable
standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made
pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant adverse effect on the environment.
• If there are one or more potentially significant adverse effects, the City may avoid preparing an EJR if there
are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation
measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially
Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration
may be prepared.
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GPA 03-02
2005-2010 Housing Element
« An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to
the following circumstances: (1) the potentially significant adverse effect has not been discussed or
mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation
measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding
Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3)
proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the
EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse
effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to
below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions.
Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined
significant.
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2005-2010 Housing Element
AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including but
not limited to, trees, rock outcroppings, and historic
buildings within a State scenic highway?
c) Substantially degrade the -existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light and glare,
which would adversely affect day or nighttime views
in the area?
Potentially
Significant
Impact
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
D
D
D
No
Impact
D
D
D
a - c) Potentially Significant Unless Mitigation Incorporated. . The City of Carlsbad is a coastal city comprised
of a diverse scenic landscape with coastal bluffs, several lagoons, and various valleys and canyons surrounded by
rolling foothills. Much of the City is in open space, with scenic resources prevalent throughout the City.
The Draft Housing Element will not result directly in the construction of any housing. However, all future
development facilitated by the Draft Housing Element policies and programs will be'reviewed and constructed in
accordance with the City of Carlsbad Municipal Code and the Local Coastal Program.-'.Many of the scenic resources
in Carlsbad are areas precluded from development by existing City regulations. Housing development will be
subject to development standards such as Title 21, which precludes development on beaches, bodies of water,
natural slopes over 40%, significant wetlands, or significant riparian or woodland habitats. In addition, Carlsbad's
Growth Management policies require 15% of the developable land in the City to be preserved as open space. The
Local Coastal Program includes policies that preserve sensitive natural resources, significant slopes and public
views.
The City is not located near a State Scenic highway (California Department of Transportation). The City has
adopted Scenic Corridor Guidelines for several major Carlsbad streets and the railroad. Currently, only the El
Camino Real corridor features an overlay zone with specific development standards to recognize its scenic
designation, although the adopted Scenic Corridor Guidelines contain general criteria for landscaping, site design
and architecture, and signs. All projects adjacent to El Camino Real and other streets designated as scenic corridors,
including housing developments, are reviewed for consistency with these standards and guidelines.
All future development facilitated by the Draft Housing Element policies and programs will be reviewed and
constructed in accordance with the City of Carlsbad Municipal Code and the Local Coastal Program. However, as
the City develops, scenic resources could be negatively affected, which is considered a significant impact.
Implementation of the following mitigation measures will reduce these impacts to a less than significant level.
Mitigation Measures
« A-l As applicable, all future development projects in the City shall comply with the following
requirements:
o Carlsbad Municipal Code Title 21.53 and California Environmental Quality Act — Preservation of
steep slopes (40% or greater) and other environmentally constrained areas (i.e., wetlands and
floodways).
o The open space and sensitive habitat preservation requirements of the City of Carlsbad Habitat
Management Plan.
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GPA 03-02
2005-2010 Housing Element
o El Camino Real Corridor Development Standards.
o Hillside Development Ordinance (contour/landform grading, screening graded slopes, landscape
buffers, reduction of slope heights and grading, sensitive hillside architecture).
o Planned Development Ordinance and Design Guidelines Manual,
o Landscape Guidelines Manual
o City Council Policy No. 44 - Architectural Guidelines for the Development of Livable
Communities.
o City Council Policy No. 66 — Principles for the Development of Livable Neighborhoods
o Growth Management Ordinance - Requirement for 15% performance standards open space
o Zoning Regulations (i.e., setback, coverage, signage, and height, etc.)
o City of Carlsbad Local Coastal Program
• A-2 As applicable, all future development projects in the City shall comply with the following General
Plan policies:
o Arrange land use so that they preserve community identity and are orderly, functionally efficient,
healthful, convenient to the public and aesthetically pleasing. (Land Use Element, Overall Land
Use Pattern, C.I)
o Ensure that the review of future projects places a high priority' on the compatibility of adjacent land
uses. (Land Use Element, Overall Land Use Pattern, C.2)
o Review the architecture of buildings with a focus on ensuring the quality and integrity, of design
and enhancement of the_ character of each neighborhood. (Land Use Element, Overall Land Use
Pattern, C.tf) ":
o Ensure that grading for building pads and roadways is accomplished in a manner that maintains the
appearance of natural hillsides (Land Use Element, Environmental, C.3)
d.) Potentially Significant impact Unless Mitigation Incorporated. Future housing facilitated by the Draft
Housing Element could introduce new sources of light (street lights, security lighting, etc.), and substantial light and
glare affecting nighttime views is an aesthetic concern. New sources of light due to urban development could also
have a negative affect when adjacent to open space and sensitive natural resource areas. These impacts are
considered significant without mitigation; however, implementation of the following mitigation measures will
reduce the impacts to a less than significant level.
• A-3 As applicable, developers shall submit and obtain Planning Director approval of an exterior
lighting plan, incJuding parking areas, recreation areas and other applicable components of residential
projects. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or
property. For any lighting adjacent to or within 100 feet of open space and sensitive habitat areas, the
lighting plan shall demonstrate compliance with the Adjacency Standards of the Carlsbad Habitat
Management Plan.
• A-4 Construction lighting shall be shielded or directed away from adjacent residences and sensitive
receptors to light, including sensitive habitats.
• A-5 All projects adjacent to open space and sensitive habitat areas shall comply with the lighting
recommendations found in the Adjacency Standards of the Carlsbad Habitat Management Plan, including
the following:
o Eliminate lighting in or adjacent to the preserve areas except where essential for roadway, facility
use and safety and security purposes.
Rev. 12/13/07
( GPA03-02
2005-2010 Housing Element
Use low pressure sodium illumination sources. Do not use low voltage outdoor or trail lighting,
spot lights, or bug lights. Shield light sources adjacent to the preserve so that the lighting is
focused downward.
Avoid excessive lighting in developments adjacent to linkages through appropriate placement and
shielding of light sources.
II. AGRICULTURAL RESOURCES - (In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model-1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) Would
the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D D D
D
D
D D
D D
a, c) Potentially Significant Unless Mitigation Incorporated. According to the San Diego County Important
farmland 2006 map, published by the California Department of Conservation, Farmland Mapping and Monitoring
Program, the City of Carlsbad contains a limited number of areas considered Prime Farmland and Farmland of
Statewide Importance. The Draft Housing Element will not alter existing General Plan policies and designations or
Zoning Ordinance standards regarding agricultural resources. Additionally, the City's Local Coastal Program (LCP)
policies address the issue of premature conversion of agricultural lands to urban uses by establishing programs
which require mitigation, including impact fees, for agricultural conversion. -
The existing General Plan and goals and policies regarding agricultural uses provide for the preservation of
agricultural lands and prevention of their premature conversion to urban uses. While the Chy supports agriculture, it
also recognizes its possible transition to urban uses. Where important farmlands exist, this could result in
significant impacts if these lands are converted to urban uses. Implementation of the following mitigation measures
will reduce these impacts to a less than significant level.
• AR-1 Within the Coastal Zone, projects that would convert farmland must comply with the agricultural
conversion requirements of the Local Coastal Program.
• AR-2 For any project that would convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance, a California Agricultural Land Evaluation and Site Assessment (LESA) Model Analysis must
be prepared to identify potential impacts to important agricultural lands.
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GPA 03-02
2005-2010 Housing Element
b. No Impact) There are no Williamson Act contracts in effect in Carlsbad and the Draft Housing Element does not
propose to convert any properties currently zoned for agriculture to residential uses; therefore, no impact is
assessed.
HI. AIR QUALITY - (Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be relied
upon to make the following determinations.) Would the
project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
in non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?' . • - •
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people? . '
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D D
D El
D
D
D D
D
D D
a
m a
a a
a) No Impact. The Draft Housing Element does not include any proposal for the physical development of any site.
Policies are intended to facilitate housing development with the adopted General Plan land use policies, the City's
Growth Management Program, and regional growth assumptions..
The project site (citywide) is located in the San Diego Air Basin which is a state non-attainment area for ozone (0$)
and for particulate matter less than or equal to 10 microns in diameter (PMIO). The periodic violations of national
Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland
foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve
air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality
Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of
Governments (SANDAG).
A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-
mandated plan. This local plan was combined with plans from all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB^ after public hearings on November 9rh through 10th in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly
regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city's and the
County's general plan. If a proposed project is consistent with its applicable General Plan, then the project
Rev. 12/13/07
f GP A 03-02
' 2005-2010 Housing Element
presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that
the project would not have an adverse regional air quality impact. Implementation of the policies and programs of
the Draft Housing Element will not increase the number of dwelling units in Carlsbad beyond that already
anticipated by the General Plan and Growth Management Plan, therefore the Draft Housing Element is consistent
with the growth assumptions utilized in the air quality planning document.
Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality
management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the
following:
• Is a regional air quality plan being implemented in the project area? \
• Is the project consistent with the growth, assumptions in the regional air quality plan?
The project area is located in the .San Diego Air Basin, and as such, is located in an area where a RAQS is being
implemented. As discussed above, the Draft Housing Element is a policy document and does not include any
proposal for physical development of any property. The Element plans for housing consistent with the General Plan
land use policies and regional growth policy, as expressed through SANDAG's RHNA allocation. Thus, given that
the RAQS are developed based on jurisdictions' long-range plans, the project is consistent with the regional air
quality plan and will in no way conflict or obstruct implementation of the regional plan. Furthermore, the Draft
Housing Element encourages infill and mixed-use development, which will assist in achieving regional air quality
goals. No significant impact is identified.
b) Potentially Significant Unless Mitigation Incorporated. The closest air quality monitoring station to the
project site is at Camp Pendjeton. Data available for this monitoring site from 2000 through December 2004
indicate that the most recent air quality violations recorded were fbr the state one hour standard for ozone (a total of
10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-
year time period.
The Draft Housing Element is a policy level document that analyzes adopted land use policies and does not include
a proposal for physical development of any site. Any development facilitated by the Draft Housing Element would
involve minimal short-term emissions associated with grading and construction. Such emissions would be
minimized through standard construction measures such as the use of properly tuned equipment and watering the
site for dust control.
Long-term emissions associated with housing projects facilitated by the Draft Housing Element would be consistent
with those emissions already anticipated by the General Plan build out assumptions. Although air pollutant
emissions would be associated with these projects, they would neither result in the violation of any air quality
standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute
substantially to an existing or projected air quality violation. Furthermore, the General Plan EIR included air quality
mitigation measures to which any future project would be subject, which will reduce air quality impacts. Future
environmental assessments will be conducted to ascertain potential project-specific air quality impacts and
compliance with appropriate regulatory authorities. Adherence to applicable standards related to the generation and
control of air quality will reduce potential impacts. Any impact is assessed as less than significant.
Any development facilitated by the Draft Housing Element would involve short-term emissions associated with
grading and construction. Impacts, which include tailpipe emissions from construction equipment and dust, are
considered a significant impact. Implementation of the following mitigation measure will reduce the impacts to a
Jess than significant level.
• AQ-1 Future development shall comply with the following requirements as applicable:
o Water or dust control agents shall be applied to active grading areas, unpaved surfaces, and dirt
stockpiles as necessary to prevent or suppress paniculate matter from becoming airborne. All soil
10 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
to be stockpiled over 30 days shall be protected with a secure tarp or tackifiers to prevent
windblown dust.
o Spoil or demolition material in each truckload shall be kept low enough to prevent spillage and
shall be sufficiently wetted down or covered with a secure tarp to prevent dust generation during
transport.
o Grading and other soil handling operations shall be suspended when wind gusts exceed 25 miles
per hour. The construction supervisor shall have a hand-held anemometer for evaluating wind
speed.
o Dirt and debris spilled onto paved surfaces at the project site and on the adjacent roadway shall be
swept or vacuumed and disposed of at the end of each workday to reduce resuspension of
particulate matter caused by vehicle movement
o Vegetation disturbed by construction or maintenance activity shall be revegetated upon completion
of work in the area, where appropriate.
o Electrical power shall be provided from commercial power supply wherever feasible, to avoid or
minimize the use of engine-driven, generators.
o Air filters on construction equipment engines shall be maintained in clean condition according to
manufacturers' specifications.
o The construction contractor shall comply with the approved traffic control plan to reduce non-
project traffic congestion impacts. Methods to reduce construction interference with existing
traffic and the prevention of truck queuing around local sensitive receptors shall be incorporated
into this plan.
o Trucks and equipment shall not idle for more than 15 minutes when not in service.
c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and
suspended fine particulates. The Draft Housing Element is a policy level document that analyzes adopted land use
policies and does not include a proposal for physical development of any site. Any development facilitated by the
Draft Housing Element'would represent a contribution to a cumulatively considerable potential net increase in
emissions throughout the air basin. As described above, however, emissions associated with potential future
housing projects would be consistent with those already anticipated by the General Plan build out assumptions.
Given that the Draft Housing Element is within the limits of the General Plan, air quality would be essentially the
same whether or not the Draft Housing Element is implemented, as build out of the General Plan could still occur.
According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative
impact is considered de minimus. Future environmental assessments will be conducted to ascertain potential
project-specific air quality impacts and compliance with appropriate regulatory authorities. Adherence to applicable
standards related to the generation and control of air quality will reduce potential impacts.
The Draft Housing Element includes programs to encourage mixed use and higher-density residential development.
Mixed-use development in Carlsbad has the benefit of potentially reducing both work and non-work related trips by
future residents in the area, which could reduce air quality impacts as compared to typical single use development
patterns. Furthermore, Carlsbad requires higher density housing to be near transit services, commercial and
employment centers, which could also reduce auto emissions. Along these lines, all four areas of Carlsbad that the
San Diego Association of Governments (SANDAG) has designated as existing/planned or potential smart growth
areas are specified in the Draft Housing Element as proposed locations for enhanced existing or future mixed use
and higher density residential development. Smart growth areas must meet certain housing and employment target
densities and transit service thresholds. Jn Carlsbad, proposed smart growth areas are Plaza Camino Real, Ponto,
Quarry Creek and the Village Redevelopment area/Proposed Barrio Area. Any impact in this area is assessed as less
than significant.
Global Warming/Climate Change
"Global warming" is the term used to describe very widespread climate change characterized by a rise in the Earth's
ambient average tempEratures with associated disturbances in weather patterns and resulting alteration of oceanic
11 Rev. 12/13/07
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2005-20 1 0 Housing Element
and terrestrial environs and biology. The predominant opinion within the scientific community is that global
warming is currently occurring, and that it is being caused and/or accelerated by human activities, primarily the
generation of "greenhouse gases" (GHG). The types of GHG include those related to land use, such as carbon
dioxide and nitrous oxide, which are generated by various activities that include the burning of fossil fuels.
California State Assembly Bill 32 (AB 32) established a state goal of reducing GHG emissions to 1990 levels by the
year 2020, and California State Senate Bill 97 (SB 97) amends CEQA to establish GHG emissions and their effects
as appropriate for CEQA analysis. SB 97 also directs the Governor's Office of Planning and Research to prepare
guidelines for the mitigation of GHG emissions by July 1 , 2009 and transmit those draft regulations to the California
Air Resources Board, which must certify and adopt these guidelines by January 1 , 20 10.
The Draft Housing Element is a policy level document that analyzes adopted land use policies and does not include
a proposal for physical development of any site. Without specific project details for future projects, and
furthermore, in the absence of regulatory guidance to assist any lead agencies in determining whether a particular-
project will have a significant impact on global warming, it is not possible to determine impacts to air quality in
relation to global warming. Any future development proposal that is facilitated by Draft Housing Element policies
and programs will be subject to further environmental review pursuant to CEQA on a site-specific basis.
d) Less than Significant Impact The Draft Housing Element does not include a proposal for physical
development of any site, however, implementation of the Draft Housing Element could facilitate new housing
construction. The Draft Housing Element applies cirywide and new housing" could be built next to sensitive
receptors, such as schools and hospitals. However, residential land uses and mixed use that allows residential uses
generally would be considered compatible with sensitive receptor sites as they do not generate the' types of
pollutants typically considered harmful to these sites, or excessive concentrations of pollutants. Impacts will be less
than significant. •
e) Potentially Significant Unless Mitigation Incorporated. Although the Draft Housing Element will not result
directly in the construction pf any Housing, housing development could be facilitated by the implementation of the
Housing Element. Objectionable odors are generally created by nonresidential uses, such as industrial and
manufacturing businesses. Development facilitated by the Draft Housing Element would be exclusively residential
units on residentially designated land and mixed-use developments in commercial areas; these uses typically are not
associated with the creation of objectionable odors. However, the construction of any projects facilitated by the
Draft Housing Element could generate fumes from the operation of construction equipment, which may be
considered objectionable by some people. While such exposure would be short-term or transient, it may be
considered significant. Implementation of the above Mitigation Measure AQ-I would reduce this impact to a less
than significant level.
IV. BIOLOGICAL RESOURCES -Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
. regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive natural
community identified in local or regional plans,
policies, or regulations or by California Department
of Fish and Game or U.S. Fish and Wildlife Service?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
I 1
Less Than
Significant No
Impact Impact
I I [ I
I I [""] I I
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2005-2010 Housing Element
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
Potentially
Significant
Impact
D
n
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D D
n n
D D
n n
a - d) Potentially Significant Unless Mitigation Incorporated.- The Draft Housing-Element is a policy document
and will not result directly -in the approval or-construction of any Housing. However, adoption of the Draft Housing
Element will facilitate hous'ing production, which could have an impact on sensitive species and wildlife, habitat,
wetlands and other resources.
The San Diego Multiple Habitat Conservation Program (MHCP) includes a subregional plan for the northwestern
portion of the County, including Carlsbad, and was approved by the San Diego Assotiation of Governments on
March 23, 2003. The subregional plan provides for the conservation of 77 sensitive species. On .November 15,
2004, the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP) was approved, and
provides for the conservation of 43 sensitive species. In addition, the HMP has identified and mapped a preserve
system for the City. Any housing development facilitated by the Draft Housing Element will be subject to, and
required to comply with, the requirements of these documents.
Portions of the City identified by the General Plan for residential development have been identified by the HMP as
including potentially sensitive habitat resources. For any future project that may impact sensitive habitat or species,
a detailed biological resource study is required, as well as any applicable state and federal agency permits, as
outlined in the HMP.
Without the filing of a proposed development application with studies and plans, it is not possible to analyze and
determine all the specific biological impacts a project may have. However, construction, of housing pursuant to the
proposed Draft Housing Element could result in the following potentially significant impacts:
• Per the City's HMP, housing construction could result in long-term impacts if sensitive species or habitats
are permanently destroyed or degraded. This would also result in a cumulative impact to biological
resources. , '
• Long-term or permanent impacts could result from loss of sensitive habitats within the Coastal Zone. This
would contribute to the regional loss of sensitive habitats, resulting in a cumulative impact.
• The loss of state and/or federally listed plant species is considered a significant impact. The loss of
sensitive plant species at a regional level would contribute to a cumulative impact.
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• Development that results in substantial vegetation clearing or impede wildlife movement within Core Areas
and linkages would result in a significant impact.
• Construction and occupancy of housing adjacent to sensitive species or habitats may have permanent or
temporary direct and indirect negative impacts, such as from invasive species, runoff, and construction
noise.
Staff has prepared a list of mitigation measures that would be applicable to projects with the potential to impact
sensitive habitats and species. These mitigation measures could be made conditions of a project approval, or the
measures may be refined or found unnecessary as detailed planning and study specific to the project occurs. In any
case, adherence to these measures and City standards will reduce potential impacts to a less than significant level.
• BR-1 Projects with the potential to impact sensitive biological species and habitats, as determined by the
City, shall comply with the California Environmental Quality Act (CEQA), California Coastal Act, the-
Multiple Habitat Conservation Program (MHCP), the HMP and other applicable documents including but
not limited to those identified in subsection 5.1, Regulatory Context, of the City's "Guidelines for
Biological Studies," dated May 29,2008, and as may be amended from time to time
• BR-2 For projects with the potential to impact sensitive biological species and habitats, as determined by the'
City, a biology resources technical report (BTR) shall be prepared. The BTR shall provide the necessary
information to establish" the current status of biological resources within-a project footprint, an analysis of
potential project impacts, and mitigation measures that should be implemented to reduce the impacts to below a
level of significance. The format and content of the BTR shall be similar to report standards outlined in the
City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from time to time.
Future project level environmental review that would impact biological resources would be provided to the
Wildlife Agencies for review to verify consistency with the City's HMP.
• BR-3 Implementation of the mitigation measures BR-3a through BR-3d would be required for projects that
would impact sensitive HMP habitats and would reduce direct and cumulative impacts to below a level of
significance; Note that the descriptions of Type A through F habitats are per Table 11 of the HMP. Avoidance
and on:site mitigation are the priority.
o BR-3a For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh,
estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands,
flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net
loss of habitat value or function shall be met Habitat replacement ratios and the specific location
of mitigation lands shall be determined in consultation with the USFWS, USAGE, and CDFG as
appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and
the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland
habitats shall be in the City or MHCP plan area, at a ratio to be determined by the applicable
resource agencies at the time of project permitting.
o Bio-3b Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent
'scrub, southern maritime chaparral, native grass) shall be mitigated at a 3:1 ratio, or at an
appropriate ratio based on habitat quality and quantity as determined in coordination with the
applicable resource agencies at the time of project permitting.
o Bio-3c Impacts to Type C habitats (California gnatcatcher-occupied coastal sage scrub) shall be
mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as
determined in coordination with the applicable resource agencies at the time of project permitting.
o BR-3d Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix,
chaparral), Type E (annual, nonnative. grassland), and Type F (disturbed lands, eucalyptus,
agricultural lands) habitats are subject to the fee payment if not conserved or mitigated onsite.
• BR-4 Construction activities, including clearing and grubbing, in or adjacent to habitat occupied
associated with sensitive species, migratory birds, or raptors, shall be generally prohibited during the bird
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2005-2010 Housing Element
breeding season (February 15 - September 15). If construction activities cannot be avoided during this time
the following measures shall be'taken:
o BR-4a A qualified biologist shall conduct a focused species gnatcatcher survey in appropriate
habitat within and surrounding the project areas. The surveys will consist of three visits, one week
apart; the last of these shall be conducted no more than three days prior to construction.
o BR-4b Surveys shall also be conducted by a qualified biologist in appropriate habitat for nesting
raptors and migratory birds (including, but not limited to, the least Bell's vireo) within three days
of construction.
o BR-4c If nests of sensitive species, migratory birds, or raptors are located, the project applicant
shall receive confirmation from the biologist that construction may proceed or continue and
implement any necessary mitigation measures.
o BR-4d During the breeding season, construction noise shall be measured regularly to maintain a
threshold at or below 60 dB A-hourly Leq within 300 feet of breeding habitat occupied by listed
species. If noise levels superseded the threshold, the construction array will be changed or noise
attenuation measures will be implemented.
BR-5 Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species
prior to construction, as determined by the Wildlife Agencies.
BR-6 For projects that would result in the loss of sensitive habitats within the Coastal Zone, mitigation
shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14
of Section D, and the policies and provisions of the LCP.
BR-7 Mitigation ratios shall be consistent with the provisions of the HMJP and Local Coastal Program.
For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location
of mitigation lands shall be determined in consultation with the USFWS, USAGE, and CDFG as
appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the
California Fish and Came Code. For projects with unavoidable impacts, the City shall demonstrate that
viable wetlands can either be: 1) created at a minimum ratio of 1:1 within close proximity of the impact
area to replace the wildlife function affected by the project; or, 2) provide proof that wetland creation
credits at a minimum ratio of 1:1 have been purchased at a Wildlife Agency approved bank. Consistent
with the City's HMP, higher ratios will be required for impacts to high quality wetlands (e.g., occupied by
listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For projects where wetland
creation will be necessary, construction shall not be initiated until a viable wetland creation mitigation site
with long-term value is identified and the wetland mitigation plan is approved by the appropriate Resource
Agencies. The wetland creation shall not require impacts to sensitive wildlife or vegetation communities.
All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area as
deemed appropriate by the Wildlife Agencies..
BR-8 As needed, surveys for state and federally listed sensitive plant species shall be conducted to
complete a determination of suitable habitat presence prior to issuance of any discretionary permits by the
City. Surveys shall be conducted at a time when sensitive plant species would be most observable.
BR-9 At the project design stage for projects located within key Core Areas and linkages, design measures
and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad.
BR-10 Projects shall comply with the Adjacency Standards outlined in Section F., pp. 4-36 to F-24 of the
HMP.
BR-11 During clearing, grading, and other construction activities, ensure that proper irrigation and
stormwater runoff mitigation measures are employed to reduce sediment loads and to prevent contamination
from pesticides, fertilizers, petroleum products, and other toxic substances. Fugitive dust shall also be avoided
and minimized through watering and other appropriate measures.
Lft
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/ ( GPA 03-02
2005-2010 Housing Element
e - 0 Potentially Significant Unless Mitigation Incorporated. General Plan policies, the Habitat Management
Plan and its implementing ordinance (Chapter 21.210 of the Zoning Ordinance), and the Open Space Management
Plan are the City's policies and ordinances protecting biological resources. The Housing Element does not conflict
with any applicable habitat conservation plan, including the Carlsbad HMP. However, construction of housing
facilitated by adoption of the Draft Housing Element could conflict with these requirements. Compliance with the
biological resources mitigation measures identified above will ensure consistency with local requirements.
Additionally, Draft Housing Element programs do not propose housing in any areas designated by the General Plan
as Open Space.
V. CULTURAL RESOURCES - Would the. project:
a) Cause a substantial- adverse change in the
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial-adverse change in the signifi-
cance of an archeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique pale
ontological resource or site or unique geologic
feature? •
d) Disturb any human remains, including those interred
outside of formal cemeteries?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation .
Incorporated'
Less Than
Significant
Impact
D
D
D
D
D
D
No
Impact
D
D
D
D
a - d) Potentially Significant Unless Mitigation Incorporated. According to the Carlsbad General Plan Master
E1R (1994), Carlsbad contains many areas of significant paleontological and cultural resources; this has been
reinforced by numerous studies prepared for the many master plan and development projects processed by the City
since the General Plan's adoption in 1994. Recognizing the value of Carlsbad's prehistoric, historic, and
paleontological heritage, the General Plan includes policies to address potential impacts on cultural and
paleontological resources resulting from development projects. The City of Carlsbad Historic Resources Inventory
has identified all historic structures throughout the City for the purpose of preserving historic resources. In 2009, the
City completed consultation with the San Luis Rey Band of Mission Indians on the Draft Housing Element pursuant
to California Government Code 65352.3. The Band identified the potential for significant impacts to Native
American cultural resources due to housing constructed pursuant to the Draft Housing Element.
While the Draft Housing Element will not result directly in the approval or construction of any housing, its adoption
and implementation will facilitate housing production, which could impact cultural resources. Pursuant to standard
City practice and mitigation measures, future housing developments proposed in whole or in part that implement the
programs contained in the Draft Housing Element will require a site-specific assessment of potential impacts to
paleontologies] and archeological resources pursuant to CEQA and associated local, state and federal regulations. It
is standard City practice to consult the City of Carlsbad Historic Resources Inventory to ensure that no historic
structures will be demolished. If a site has the potential of containing paleontological and archeological sensitive
resources, a cultural or paleontological resources survey report is required.
Staff has prepared a list of mitigation measures that would be applicable to projects with the potential to impact
cultural resources when avoidance is not feasible. Such projects would be those that, for example, encroach into
areas with intact native soils or areas not adequately surveyed or undisturbed, including projects requiring surface
disturbance in undeveloped areas. These mitigation measures could be made conditions of a project approval, or the
measures may be refined or found unnecessary as detailed planning and study specific to the project occurs. In any
case,- adherence to these measures and City standards will reduce potential impacts to a less than significant level.
16 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
CR-1 -The following mitigation measures will be required if a project is located in an undeveloped area
that coufd potentially impact significant cultural deposits.
o CR-la Preconstruction Requirements - Prior to the start of construction, a pedestrian survey
shall be conducted under the supervision of a qualified archaeologist for previously undisturbed
areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with
outdated or non-protocol methods). The survey shall be conducted in parallel linear transects
spaced no farther than 10 meters apart in undeveloped areas.
• CR-la(l) Cultural resources, if found during the survey, shall be photographed,
mapped using a global positioning system (GPS), and recorded on the appropriate California
Department of Parks and Recreation forms (DPR Fora 523A/B). The forms shall be
submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey.
• CR-la(2) Within 1 month of completion of the field survey, a draft letter report or
technical report shall be submitted to the City for review, whether the survey is negative or
positive. A final report shall be submitted within 6 weeks of receipt of the City's comments,
with a copy submitted to the SCIC for their files.
o CR-lb If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated
archival search, if needed, as well as additional detailed field testing. Local Native American groups
shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable,
the City will execute a Pre-Excavation Agreement with the appropriate Native American groups.
" CR-lb(l) Prior to the start of field testing, surface artifacts and/or features shall be
marked and mapped using a GPS. Testing shall be required if surface artifacts are
discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define
site boundaries and identify the potential for a substantial subsurface deposit.
• CR-lb(2). • - Based on the results" of the STPs, additional measures such as Test
Excavation Units or mechanical trenching (for substantial historic sites) would be placed in
areas with the potential for a substantial subsurface deposit, as determined by the qualified
archeologist.
• CR-lb(3) All excavated soils shall be screened through 1/8-inch mesh hardware
cloth. On completion of the project the artifact collection, along with copies of the catalogs
and the technical report, shall be permanently curated at the San Diego Archaeological
Center. An updated site record shall be prepared and submitted to the SCIC.
• CR-lb(4) Within 3 months of completion of the fieldwork, a draft technical report
including evaluations and recommendations shall be prepared and submitted. The final
technical report shall be submitted within 6 weeks of receipt of the City's comments.
CR-2 Monitoring Requirements - Construction monitoring will be required for projects that involve
excavation or grading within undisturbed native soils and could potentially impact subsurface cultural
deposits.
o CR-2a Prior to the first preconstruction meeting for the project, the Planning Director (PD) shall
verify that the requirements for archaeological monitoring and Native American monitoring, if
applicable, have been noted on the appropriate construction documents. The applicant shall retain a
qualified archaeologist to verify that a records search has been completed and updated, as necessary,
and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall
submit to the PD a copy of the site/grading plan that identifies areas to be monitored.
o CR-2b The qualified archaeologist shall be present full-time during grading/
excavation of native soils with the potential to contain buried cultural features or deposits and shall
document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline,
laterals, services and all other appurtenances that impact native soils 1 foot deeper than existing as
detailed on the plans or in the contract documents. It is the construction manager's responsibility to
keep the archaeological monitors up-to-date with current plans.
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f GPA 03-02
2005-2010 Housing Element
o CR-2c In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor
is not qualified as a PI, sliaU divert, direct, or temporarily halt ground-disturbing activities in the area
of the discovery to allow for preliminary evaluation of potentially significant archaeological resources.
The PI shall also immediately notify the construction manager and the PD of such findings at the time
of discovery.
• CR-2c(l) The significance of the discovered resources shall be assessed by the PI. For
significant archaeological resources, a Research Design and Data Recoveiy Program shall be
prepared and implemented by the qualified archaeologist. The results of the Research Design
and Data Recovery Program shall be approved by the City before ground-disturbing activities
in the area of discovery shall be allowed to resume.
o CR-2d Jf human remains are discovered, work shall halt in that area and procedures set forth in the
California Public Resources Code (Sec. 5097.98} and State Health and Safety Code (Sec. 7050.5)
shall be implemented. Construction in that area shall not resume until-the remains have beeiv-
evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the PI.
o CR-2e The archaeologist shall notify the PD, in writing, of the end date of monitoring. The
archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned,
catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from
the curation institution has been submitted to the Planning Department; that all artifacts are analyzed
to identify function and chronology as they relate to the history.of the area; that faunal material is
identified as to species; and that specialty studies are completed, as appropriate.
O CR-2f: Within 3 months following the completion of monitoring, the Draft Results Report (even if
negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions
of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD
for approval. For significant archaeological resources encountered during monitoring, the Research
Design and Data Recovery- Program shall be included as part of the Draft Results Report The
qualified archaeologist shall be responsible for recording (on the appropriate State of California
Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant
resources encountered during the Archaeological Monitoring Program, and submitting such forms to
the SCIC with the Final Results Report.
CR-3 The following paleontological mitigation measures shall be implemented:
o CR-3a: Prior to any grading of the project site, a paleontologist shall be retained to perform a
walkover survey of the site and to review the grading plans to determine if the proposed grading
will impact fossil resources.
o CR-3b A copy of the paleontologist's report shall be provided to the Planning Director before
construction. If the paleontologist's report finds the project will not significantly impact fossil
resources, this mitigation measure shall be considered fulfilled and no further effort to comply
with this measure shall be required.
o CR-3c A qualified paleontologist shall be retained to perform periodic inspections of the site and
to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic
strata, it may be necessary to collect matrix samples for laboratory processing through fine
screens.
o CR-3d The paleontologist shall make periodic reports to the Planning Director during the
grading process.
o CR-3e The paleontologist shall be allowed to divert or direct grading in the area of an exposed
fossil in order to facilitate evaluation and, if necessary, salvage artifacts.
9
o CR-3f All fossils collected may be donated to a public, nonprofit institution with a research
interest in the materials, such as the San Diego Natural History Museum.
o CR-3g Any conflicts regarding the role of the paleontologist and the grading activities of the
project shall be resolved by the Planning Director and City Engineer.
18 Rev. 12/13/07
VI. GEOLOGY AND SOILS - Would the project:
a) Expose people or structures to potential substantial
. adverse effects, including the risk of loss, injury or
death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or. based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii. Strong'seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the Joss of
topsoil? •
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in. on- or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soils, as defined in Section
1802.3.2 of the California Building Code (2007),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
Potentially
Significant
Impact
nn
nn
a
n
a
GPA 03-02
2005-2010 Housing Element
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
D D
D D
D D
n nn . n
n n
n n
n n
a.i) No Impact. According to the maps published by the California Geological Survey, the City of Carlsbad is not
located within an Alquist-Priolo Earthquake Fault Zone. No known active faults, fault traces, or suspected faults
traverse the City. The nearest known active fault is the Rose Canyon fault zone, located approximately three to four
miles offshore. No impact is assessed as no known earthquake faults will be affected by future housing projects
facilitated by the Draft Housing Element.
a.ii - a.iv. Potentially Significant Impact Unless Mitigation Incorporated. The City is not subject to any unique
earthquake hazards; however, there are several active faults throughout Southern California, and these potential
earthquakes could affect Carlsbad. Landslides are also a potential threat in parts of the City. Potential for seismic
ground shaking, seismic-related ground failure, and landslides are considered a significant impact. Implementation
of the following mitigation measures would reduce this impact to a less than significant level.
Mitigation Measures
19 Rev. 12/13/07
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i GPA 03-02
2005-2010 Housing Element
• GS-1 A site-specific geotechnical investigation shall be prepared to address geotechnical considerations
related to future housing development facilitated by the Draft Housing Element, specifically project
components that would involve excavation, grading, or construction of new structures. The report shall
contain all necessary requirements to address any adverse soils conditions that may be encountered in final
design of a project. The applicant- shall be required to adhere to all such requirements. The report shall
include a discussion of site-specific geology, soils, and foundational issues; a seismic hazards analysis to
determine the potential for strong ground acceleration and ground shaking; potential groundwater issues;
and structural design recommendations. The soil engineer and engineering geologist shall review the
grading plans for adequate incorporation of recommended measures prior to finalization.
« GS-2 All future projects shall be designed and constructed in conformance to the Uniform Building
Code, current seismic design specifications of the Structural Engineering Association of California, and
other regulatory requirements.
b) Potentially Significant Unless Mitigation Incorporated. A variety of soil types, including those that are
considered very erosive, are found throughout Carlsbad. Due to the sensitive habitats at the lagoons and creeks
located in Carlsbad, erosion as a result of development can significantly impact water quality. Erosive soils may be
located on future project sites facilitated by the Draft Housing Element, and as such, the potential for erosion-is
considered significant. Implementation of the following mitigation measures would reduce this impact to a less than
significant level.
Mitigation Measures
• GS-3 Prior to issuance of a grading permit, the applicant shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) to demonstrate
that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Stormwater
Mitigation Plan (SUSMP), • General Construction Stprrnwater Permit, 'and the General Municipal
Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best
Management Plan (BMP) erosion control measures in accordance with the City's grading, and erosion
control requirements.
• GS-4 AH applicable federal, state and local permits regarding drainage shall be obtained. Such permits
include the General Construction Stormwater Permit from the Regional Water Quality Control Board.
• GS-5 Future development shall comply with the following requirements as applicable:
o Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance
with the City's grading and erosion control requirements (Municipal Code § 15.16 et.seq.). The
locations of all erosion control devices shall be noted on plans included in the SWPPP.
o All grading permits issued authorizing grading during the rainy season (October 1 of any year to
April 30th of the following year), shall require the installation of all erosion and sedimentation
control protective measures in accordance with city standards. Erosion and runoff control
measures shall be designed and bonded prior to approval of grading permits by the City.
o All permanent slopes shall be planted with erosion control vegetation, drained and properly
maintained to reduce erosion within 30- days of completion of grading. Erosion control and
drainage devices shall be installed in compliance with the requirements of the City.
o All erosion and sedimentation control protective measures shall be maintained in good working
order through out the duration of the rainy season unless it can be demonstrated to the City
Engineer that their removal at an earlier date will not result in any unnecessary erosion of or
sedimentation on public or private properties.
a
c-e) Potentially Significant Impact Unless Mitigation Incorporated. According to the Carlsbad General Plan
ELR (1994), generally the soil types present throughout the City can support development. However, geotechnical
characteristics of soils vary by soil type, and all new development applications require an analysis of site-specific
soils. The Carlsbad General Plan E1R (1994) identifies various areas in the City where soil types exist that are
20 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
potentially unstable or expansive, and where liquefaction, lateral spreading, subsidence, and landslides could
potentially result. All development proposals in Carlsbad are subject to the requirements such as the Uniform
Building Code earthquake construction standards and soil remediation requirements that, when necessary and
applied, guard against potential adverse effects. Locating potential projects on soils that cannot support
development is considered a significant impact. For any future housing projects facilitated by the Draft Housing
Element, implementation of the above Mitigation Measures GS-1 and GS-2 will reduce this impact to a less than
significant level.
VII.
Potentially
Significant
Impact
HAZARDS AND HAZARDOUS MATERIALS
- Would the project:
a) Create a significant hazard to the public or the I I
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or I I
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or I I
acutely hazardous materials, substances, or waste
within one-quarter, mile of an existing or proposed - •
school? - -;'
d) Be located on a site which is included on a list of . I I
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
environment?
e) For a project within an airport land use plan, or [ I
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private airstrip, I I
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with j I
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of I 1
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
D EI n
n n
n EI
Q n
n EI
n n
n
n
n
a, c) Less than Significant Impact. The Draft Housing Element is a policy document and will not result directly in
the construction of any housing. Adoption of the Draft Housing Element will facilitate housing production, and
21 Rev. 12/13/07
; ' GPA 03-02
2005-2010 Housing Element
future residences could be exposed to hazards associated with residential, and in the case of mixed use development,
commercial uses: Incidental amounts of hazardous materials may be utilized during the construction and/or
occupation of new residential units and nearby commercial uses in mixed use projects. It is anticipated that the
nature and quantity of hazardous materials utilized will be typical of those of residential and commercial uses and
therefore would not be significant. In addition, the nature and quantity of such materials would not likely create a
significant impact on any existing or proposed school located within one-quarter mile of a residential site.
b) Potentially Significant Unless Mitigation Incorporated. Large areas of the City that currently or previously
have been in agricultural use are designated for residential development by the General Plan. Agricultural
chemicals and pesticides may have been used and stored on these properties, which could impact future residential
development. Likewise, other areas of the Carlsbad, such as the Quarry Creek site discussed in d) beJow or
commercial areas, may have contaminated soils or groundwater due to the presence of former or existing non-
agricultural uses, such as gas stations, above or below ground storage tanks, dumps, or industrial operations. _
Furthermore, redevelopment in older parts of Carlsbad, such as in the downtown Village or Barrio Areas, may
expose construction workers to hazardous materials during demolition activities. Development of sites with such
contamination may expose people to release of hazardous materials, a potentially significant impact.
In response, for any future housing project facilitated by the implementation of the Draft Housing Element, if a site -
has the potential of containing agricultural chemicals and pesticides or other soil contaminants, a soils testing and
analysis report is required. Monitoring and sampling of groundwater may also be necessary along with groundwater
and soil remediation to ensure all contaminants are removed. As identified below and as may be further refined
during project review, any recommended mitigation measures would be made conditions of any project approval.
Adherence to these measures and existing federal, state, and local regulations will reduce potential impacts to a less
than significant level.
A proposed Draft Housing Element program would permit emergency shelters in the,City's industrial zones. These
zones may contain uses that routinely .use, transport or dispose ofhazardous materials. As with all uses locating in
the P-M or M zones, siting an emergency shelter will require consideration be given to the presence of surrounding
industrial uses that may employ chemicals or hazardous materials or procedures that could pose a.threat. Such
surrounding uses may render a potential emergency shelter location as unsuitable or may require additional building
requirements. While it is not possible to determine if such conditions exist until a specific site is identified,
mitigation measures can be developed to ensure due consideration is given to potential hazards associated with
industrial areas. Any emergency shelter proposed pursuant to the Draft Housing Element will be subject to site-
specific environmental review to ensure compliance with all applicable city land use policies and regulations,
including fire and building codes.
Staff has prepared a list of mitigation measures that would be applicable to projects with the potential to be
significantly impacted by the routine use or accidental release of hazardous materials. These mitigation measures
could be made conditions of a project approval, or the measures may be refined or found unnecessary as detailed
planning and study specific to the project occurs. In any case, adherence to these measures and City standards will
reduce potential impacts to a less than significant level.
• HM-1 Prior to approval of discretionary permits for projects within (1) an existing or former agricultural
area, or (2) an area believed to have contaminated soils due to historic use, handling, or storage of
hazardous materials, a detailed soils testing and analysis report shall be prepared by a registered soils
engineer, and submitted to the City and the San Diego County Department of Environmental Health (DEH)
for approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or
storage of chemicals and materials restricted by the DEH. The report shall also identify a range of possible
mitigation measures to remediate any significant public health impacts if hazardous chemicals are detected
at concentrations in the soil which would have a significantly adverse effect on human health.
• HM-2 If use of agricultural chemicals within an existing agricultural operation has the potential to
adversely impact a proposed residential development on an adjacent parcel, mitigation measures including
but not limited to physical barriers and/or separation between the uses shall be considered.
• HM-3 Prior to approval of any permits for uses such as emergency shelters and farm worker housing
within the City's industrial zones, the applicant shall obtain clearances from federal, state, and local
22 Rev. 12/13/07
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2005-2010 Housing Element
agencies as necessary to ensure such uses are not exposed to significant hazards due to the routine
transport, use or disposal of hazardous materials or through reasonable foreseeable upset and accident
conditions involving the release of hazardous materials into the environment.
• HM-4 All trash and debris within project sites shall be disposed of off-site in accordance with current,
local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an
experienced environmental consultant prior to removal.
• HM-5 Before beginning demolition or renovation activities, the interior of individual onsite structures
shall be visually inspected. Should hazardous materials be encountered, the materials shall be tested and
properly disposed of offsite in accordance with state and federal regulatory requirements. Any stained soils
or surfaces underneath the removed materials shall be sampled. Results of the sampling would indicate the^
appropriate level of remediation efforts that may be required.
• HM-6 Before beginning any remedial'or demolition work, building owners shall contract with a certified
professional to conduct an asbestos survey, consistent with National Emission Standards for hazardous Air
Pollutants (NESHAP) standards to determine the presence of asbestos containing materials. Demolition of.
or within existing buildings on individual parcels onsite must comply with State law, which requires a
certified contractor where there is asbestos-related work involving 100 square feet or more or such
materials to ensure that_certain procedures regarding the removal of asbestos are followed.
• HM-7 Before the issuance of a grading permit, all miscellaneous debris (i.e., wood, concrete, storage
drums, and automobiles) shall be removed offsite and properly disposed of at an approved landfill facility.
Once removed, a visual inspection of the areas beneath the removed materials shall be performed. Any
stained soils observed underneath the removed materials shall be sampled. Results of the sampling would
indicate the appropriate level of remediation efforts that may be required. •' •
• HM-8 If unknown wastes or suspect materials are discovered during construction on individual
properties that are believed to involve hazardous waste/materials, the contractor shall:
o Immediately stop work in the vicinity of the suspected contaminant, removing workers and the
public from the area;
o Notify the project engineer of the City of Carlsbad;
o Secure the areas as directed by the project engineer, and;
o Notify the City's hazardous waste/materials coordinator.
d) Potentially Significant Unless Mitigation Incorporated. . The State of California Environmental Protection
Agency on its website maintains the Cortese List, which is the name commonly given to the requirements referenced
by Government Code Section 65962.5. According to the website's Cortese List data resources, Carlsbad has many
sites where cleanup of hazardous materials is underway or has been completed. Most of these sites are located in the
City's commercial and industrial areas. Quarry Creek, proposed in Draft Housing Element Program 2.1 as a site to
be redesignated from lower density to medium and high density residential housing, is identified as a location where
two active cleanup efforts are underway - one due to a leaking underground tank. The Draft Environmental Impact
Report (EIR) for the Former South Coast Quarry Amended Reclamation Plan, the CEQA document prepared for the
reclamation of the Quarry Creek site, describes soil and groundwater remediation efforts underway. The Draft EIR
notes that cleanup is anticipated to occur prior to or during site reclamation; this means that remediation would be
complete before residential development of the site. Because remediation is underway according to all applicable
requirements, the Draft EIR includes no mitigation measures with regards to hazardous materials. Further, the Draft
EIR concludes that all remediated soils would remain on site and there would be no hazards associated with their
redistribution on the site.
The Draft Housing Element may facilitate residential construction, including mixed use development and
emergency shelters, on sites known to be on the Cortese List. Properties on the list are more likely to be those in
commercial and industrial areas and are also more likely to be developed rather than vacant. When applications are
"5123 Rev. 12/53/07
T*.
( GPA 03-02
2005-2010 Housing Element
submitted to redesignate the land use of a property or propose development or redevelopment, disclosure of
inclusion on the Cortese List is required'. Because development of such sites could create a significant hazard to the
public or environment if their cleanup was not conducted consistent with all federal, state, and local regulations, a
mitigation measure requires compliance with applicable regulations for any site identified on the Cortese List These
regulations would also dictate whether property, such as Quarry Creek, could be developed safely while any
remediation was underway or if cleanup needed to occur prior to any development and occupancy of a site. Any
recommended mitigation measures developed consistent with the regulations would be made conditions of any
project approval. Adherence to these measures would reduce potential impacts to a less than significant level.
Besides the Cortese list, City staff also reviewed the federal Environmental Protection Agency website to determine
if any active sites in Carlsbad are identified on the federal Environmental Protection Agency's CERCHS Database
and Superfund Site Information list. No sites were identified as active. Six sites in Carlsbad are designated
"archived sites" on the Superfund list, which means the site has no further interest under the Federal Superfund
program. The locations of all six sites cannot be determined based on the website data; however, one archived site is
identified as South Coast Asphalt Products with an address of 3701 Haymar Drive. This may be the Quarry Creek-
site.
• HM-9 When applications are submitted to the City of Carlsbad Planning Department to redesignate the
land use of a property or propose development or redevelopment, disclosure of inclusion on the Cortese
List (Government Code Section 65962.5) shall be required. If an application is for property included on the
Cortese List, the applicant shall provide evidence that describes the required remediation process, through
text and graphics, and {•!) demonstrates compliance is occurring or has occurred with all applicable federal,
state, and local regulations; (2) describes all necessary actions and approvals to remediate the property and
includes evidence of any approvals so far obtained; (3) describes the estimated remediation timeframe,
current status, and any monitoring required during and following remediation; (4) discusses any restrictions
on use of the property upon reclamation completion; (5) includes all other required information as deemed
necessary by the City, DEH, and other agencies having regulatory authority with regards to remediation of
the site. - . , -
e - 0 No Impact. The McClellan-Palomar Airport is located west of El Camino Real and north of Palomar Airport
Road inside the boundaries of Carlsbad. The airport is a County owned and operated general aviation'facility. The
Airport Land Use Commission is responsible for preparing the Comprehensive Land Use Plan (CLUP) for the area
surrounding the airport, and most recently amended the CLUP in 2004. The City's General Plan conforms to the
CLUP and prohibits residential uses in the nearby vicinity around the airport, including in Runway Protection Zones
and Flight Activity Zones. The Draft Housing Element is consistent with the CLUP and General Plan as no land use
changes are proposed in the airport vicinity.
A proposed Draft Housing Element program would permit emergency shelters in the City's industrial (M and P-M)
zones. These land use zones surround the airport. However, uses involving large gatherings of people (more than
100), which may include shelters, are not permitted in Flight Activity or Runway Protection Zones per the CLUP.
As demonstrated in Section 4 of the Draft Housing Element, sufficient properties exist outside the Flight Activity
Zones to accommodate such shelters. Any emergency shelter proposed pursuant to the Draft Housing Element will
be subject to site-specific environmental review to ensure compliance with all applicable city land use policies and
regulations, including the CLUP.
No private airstrips exist in Carlsbad or in the adjacent areas of bordering cities. No significant impact will result.
g) Less than Significant Impact. Adoption and implementation of the Draft Housing Element will not impair
implementation of an adopted emergency response plan. According to the Carlsbad General Plan, the City has
adopted the "City of Carlsbad Emergency Plan"; however, this plan does not apply to day-to-day or routine
emergencies, and as such, will not be impacted by the implementation of the Draft Housing Element. Through the
development review process, projects are reviewed by the Carlsbad Fire Department to verify that adequate access
for fire safety equipment is maintained and that individual sites can be evacuated in an emergency situation.
Adherence to such requirements and existing City standards will reduce the potential impacts to a less than
significant level. No mitigation measures are required.
24 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
h) Less than Significant Impact. The City is considered a medium fire hazard area for wildJand fires that could
threaten urban and undeveloped areas. This condition arises from a large area of natural vegetation along the City's
eastern boarder and within City limits. The Draft Housing Element will not directly result in the construction of any
housing. Development facilitated by the implementation of the Draft Housing Element and consistent with adopted
land use policy could place additional homes in or near areas with wildland fire hazards. The City's Landscape
Manual implements prevention techniques for wildland fires. Also, through the development review process,
projects are reviewed by the Carlsbad Fire Department which imposes conditions to minimize fire hazards,
including conditions such as requiring interior sprinklers and fire-safe roofing materials, and ensuring adequate fire
safety equipment access. All future housing development must comply with the Landscape Manual and other
conditions imposed by the Carlsbad Fire Department to minimize fire hazards. Adherence to such requirements and
existing City standards will reduce the potential impacts to a less than significant level. No mitigation measures are
required.
VIII. HYDROLOGY AND WATER QUALITY - Would the
project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with ground water recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local ground water table
level (i.e., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-
site?
d) Substantially alter the existing drainage pattern of the'
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the flow rate or amount (volume) of surface runoff in
a manner, which would result in flooding on- or off-
site?
e) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area as
mapped on a Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood delineation
map?
Potentially
Significant
Impact
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
n
D
n
D D D
n n
n . nD is n
25 Rev. 12/13/07
GPA 03-02
.2005-2010 Housing Element
h) Place within 100-year flood hazard area structures,
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j) Inundation fay seiche, tsunami, or mudflow?
k) Increase erosion (sediment) into receiving surface
waters. '.
1) Increase pollutant discharges (e.g., heavy metals,
pathogens, petroleum derivatives, synthetic organics,
nutrients, oxygen-demanding substances and trash)
into receiving surface waters or other alteration of
receiving surface water quality (e.g. temperature,
dissolved oxygen or turbidity?
m) Change receiving water quality (marine, fresh or
wetland waters) during or following construction?
n) Increase any pollutant to an-already impaired water
body as listed on the Clean-Water Act Section 303(d)
list?
o) Increase impervious surfaces and associated runoff?
p) Impact aquatic, wetland, or riparian habitat?
q) Result in the exceedance of applicable surface or
groundwater receiving water quality objectives or
degradation of beneficial uses?
Potentially
Significant
Potentially Unless
Significant Mitigation
Impact Incorporatedn n
n M
n n
n
n
D
.n
. nnn
Less Than
Significant No
Impact ImpactKI n
n D
n b
n n
n n
n n
a nn an a
a), c-f). Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy
document that does not recommend or approve any particular development project. However, implementation of
Draft Housing Element policies and programs will facilitate housing construction, which in turn could generate
additional urban stormwater runoff and affect water quality. Development rypicaDy results in increased impervious
areas resulting in more rapid runoff of stormwater, with increased flow rates and volumes downstream. These
increased flows can cause streambed erosion. The 2007 Regional Water Quality Control Board permit includes a
requirement to implement Low Impact Development (LID) features into new development. LID techniques help to
mimic more closely the pre-development runoff characteristics.
The quality of stormwater runoff is regulated under Section 402 of we Clean Water Act and the National Pollutant
Discharge Elimination System (NPDES). The NPDES stormwater permit provides a mechanism for monitoring the
discharge of pollutants and for establishing appropriate controls to minimize the entrance of such pollutants into
stormwater runoff. As part of the NPDES permit, each jurisdiction must prepare programmatic guidance
documents, including the Watershed Urban Runoff Management Plan (WURMP), a Jurisdictional Urban Runoff
Management Plan (JURMP), and a Standard Urban Storm Water Mitigation Plan (SUSMP).
The SUSMP and Municipal Storm Water Permit require the City to prevent stormwater pollution and improve the
quality of water flowing into the • stormwater system for all new and existing development through the
implementation of Best Management Practices (BMPs). Through the development review process, the City applies
Source Control and Treatment Control BMPs to all new development projects. Any project facilitated by the Draft
26 Rev. 12/13/07 (pD
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2005-2010 Housing Element
Housing Element would be subject to the BMP requirements, as well as all federal, State, regional and local
stormwater requirements. Furthermore, future projects are subject to requirements for a hydrology report to assess
impacts relating to drainage and stormwater runoff. Projects must demonstrate adequate capacity in downstream
drainage systems or show that the development does not increase runoff.
Runoff from residences pursuant to the Draft Housing Element can potentially generate non-stormwater discharges.
Specific development plans will be required to include best management practices (BMPs) specifically targeted to
the anticipated pollutants.
The below mitigation measures ensure a project's compliance with all standards promulgated to ensure water
quality. Projects facilitated by the Draft Housing Element will comply with these measures; furthermore, once
project details are known, these mitigation measures may be refined, supplemented or replaced by more appropriate,
specific measures. ' ~~
• WQ-I Prior to issuance of a grading permit, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to
demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard
Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No. 99-08,
NPDES CAS000002), and the General Municipal Stormwater Permit (Order R9-2007- 0001, NPDES
CAS0108758). The applicant shall be responsible for monitoring and maintaining the BMP erosion control
measures identified below on a weekly basis in accordance with the City's grading and erosion control
requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be
noted on the grading plans. BMPs that shall be installed include, but are not limited to, the following:
o Silt fence, fiber rolls, or gravel bag berms
o Check dams
o Street sweeping and vacuuming "_ .
o Storm drain inlet protection
o Stabilized construction entrance/exit
o Hydroseed, soil binders, or straw mulch .
o Containment of material delivery and storage areas
o Stockpile management
o Spill prevention and control
o Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil
o Concrete waste management
• VVQ-2a. Prior to issuance of grading permits or approvals for any public or private right-of-way
improvements or site development plans, the developer shall prepare and submit for review and approval
by the City of Carlsbad City Engineer, a stormwater management plan that demonstrate that pollutants
will be controlled through compliance with the City of Carlsbad SUSMP and Stormwater Management
Program (SWMP). Approval of such plans shall be subject to a determination by the Carlsbad City
Engineer that the proposed project has incorporated post-development water quality pollution control site
design BMPs, source control BMPs, and numerically-sized treatment control BMPs such as those
identified below into the project design to the maximum extent practicable:
o street sweeping
o inlet basin labeling
o Filtering bioretention units
o Pervious pavement
o Vegetated swales
o Detention/infiltration basins
o Covered trash enclosures
• WQ-2b. Projects shall be required to show compliance with the applicable hydromodification provisions
of Order R9-2007-0001 and to show they are designed so that postproject runoff flow rates and directions
do not exceed pre-project runoff flow rates and directions for applicable design storms. Projects shall
incorporate LID design techniques to reduce the amount of runoff by mimicking the natural hydroJogic
27 Rev. 12/13/07
( GPA03-02
2005-2010 Housing Element
function of the site by preserving natural open spaces and natural drainage channels, minimizing
impervious surfaces, and promoting infiltration and evapotranspiration of runoff before runoff leaves the
site. LID techniques include, but are not limited to:
o Vegetated buffer strips
o Vegetated bio swales
o Rain gardens
o Porous pavements
o Bioretention areas
o Vegetated roofs
o Stormwater planter boxes
o Infiltration trenches
o Dry wells
• WQ-3 In conjunction with the sale, rental or lease of a residence or business property, all prospective
owners and tenants shall be notified in-writing through Covenants, Conditions, and Restrictions (CC&Rs)
that they shall-.
o Establish or work with established disposal programs for the removal and proper disposal of toxic
and hazardous waste products.
o Not discharge-or cause to be discharged any toxic chemicals or. hydrocarbon compounds, such as
gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such
fluids, into any public or private street or into any storm drain or storm drain conveyance.
o Use and/or dispose of all pesticides, fungicides, herbicides, insecticides, fertilizers, and other such
chemical treatments in accordance with federal, State, County, and City requirements as prescribed
on their respective containers.
o Employ RMPs to-'-eliminate or reduce surface pollutants when planning any changes to the
landscaping and/or surface improvements. Developer shall establish a homeowner's association
and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval.
o Prior to issuance of a building permit, the Developer shall provide the Planning Department with a
recorded copy of the official CC&Rs that have been approved by the California Department of
Real Estate and the Planning Director.
• WQ-4 As required by the City Engineer, a hydrology report to assess impacts relating to drainage and
stonnwater runoff shall be prepared. The report shall demonstrate compliance with current applicable
hydromodification standards and demonstrate adequate capacity in downstream storm drain facilities, or
shall demonstrate no increase in runoff peak flows through onsite detention.
b) Less than Significant Impact. It is not anticipated that any development facilitated by adoption of the Draft
Housing Element would interfere substantially with the recharge of groundwater or groundwater supplies. The City
of Carlsbad is not reliant upon groundwater for its domestic water supply. Neither the Final Master Environmental
Impact Report prepared for the 1994 General Plan Update nor the Carlsbad Municipal Water District Water Master
Plan Update identify groundwater as a significant supply source to the City or development as a potential threat to
groundwater supplies or recharge.
g -h, j) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy
document that does not recommend or approve any particular development project. However, implementation of
Draft Housing Element policies and programs will facilitate housing construction.
3
Based on the policies and standards of the City, and as required by mitigation measures below, it is not anticipated
that housing constructed as a result of a Draft Housing Element program will expose people or property to flooding
risk or impede or redirect flood flows. The Flood Hazard goal of the General Plan Public Safety Element is "a City
which minimizes injury, loss of life, and damage to property resulting from the occurrence of flooding." Further, an
objective of the Element is "to restrict or prohibit uses which are dangerous to the health and safety of people or
28 Rev. 12/13/07
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2005-2010 Housing Element
adversely affect property due to water and erosion hazards, or which result in damaging increased in erosion or flood
height or velocities."
Zoning Ordinance Chapter 21.110, Floodplain Management Regulations, implements the Public Safety Element
policies regarding floodplain development. It establish restrictive provisions regarding construction of structures
within a 100-year floodplain and requires the installation of protective structures or other design measures to protect
proposed buildings and development sites from the effects flooding or wave action. It also recognizes that
controlling the alteration of natural floodplains and stream channels and controlling the filling, dredging, and
grading of these features helps reduce flooding potential. Furthermore, the Floodplain Management Regulations
require specific development and construction standards to avoid damage due to inundation by tsunami within
established coastal high hazard areas and by mudflows in mudslide prone areas.
Based on the Floodplain Management Regulations, all new construction and substantial improvements must be"
elevated to or above the base flood elevation. All new construction must be located on the landward side of the
reach of mean high tide. As specified in the mitigation measures below, 'all future housing developments will be
subject to compliance with these required standards, including reports and studies as determined by the City
Engineer. Furthermore, projects that incorporate changes to established floodplains are required to document these
changes through the FEMA (Federal Emergency Management Agency) Letter of Map Revision (LOMR) process.
Adherence to these measures and existing City standards will reduce potential impacts to a less than significant
level.
• WQ-5 Proposed development shall comply with all applicable requirements of Chapter 21.110,
Floodplain Management Regulations, of the Zoning Ordinance. This shall include preparation of all
applicable studies and reports, including those required by other agencies, such as FEMA, as directed by the
City Engineer.
• WQ-6 Proposed -development shall be subject to compliance with mitigation measures GS-1 and GS-2,
which require preparation of site-specific geotechnical investigations and compliance with Uniform
Building Code and other structural regulations.
i) Potentially Significant Unless Mitigation Incorporated. Specific areas of Carlsbad may be subject to
inundation due to failure of a dam, such as a breach of the Stanley A. Mahr Reservoir in the La Costa area. Failure
of the dam, an unlikely event, has the potential to flood areas downstream, which may necessitate evacuation.
Inundation is a possibility even if the area downstream of a dam is not within a flood zone.
The following mitigation measure will reduce the possibility of flooding due to dam failure to a less than significant
level.
• WQ-7 As directed by the City Engineer, a dam breach analysis and inundation study shall be prepared for
any area potentially subject to flooding due to a dam breach or failure. Based on the study as approved by the
City Engineer, appropriate mitigation measures shall be developed to ensure adequate safety of individuals
and, as feasible, protection of property in downstream areas.
k - q) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document
that does not recommend nor approve any particular development project. However, implementation of Draft
Housing Element policies and programs will facilitate housing construction, which in turn could generate additional
erosion, pollutant discharges, impervious surfaces, urban stormwater runoff and affect water quality, including that
of lagoons, wetlands and riparian areas.
According to the Carlsbad Drainage Master Plan (2008), Clean Water Act Section 303(d) listed waters in the
Carlsbad watershed include the following: The Pacific Ocean shoreline at the mouth of Buena Vista Creek and
Moonlight State Beach (located in Encinitas, CA), Buena Vista Lagoon, Agua Hedionda Lagoon, and the Agua
Hedionda Creek. These waters currently do not meet established water quality standards. Implementation of Draft
Housing Element programs may result in significant impacts associated with the listed impaired water bodies.
However, compliance with the water quality mitigation measures WQ-1 to WQ-4 listed above would cause any
impacts to be less than significant.
29 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
Through the development review process, the City requires Source Control and Treatment Control BMPs to be
incorporated into all new development projects. As required by mitigation measures WQ-1 to WQ-4 above, any
project facilitated by the Draft Housing Element would be subject to the BMP requirements, all federal, State,
regional and local stormwater requirements as wel! as a hydrology report to assess impacts relating to drainage and
stormwater runoff.
IX. LANDUSE AND PLANNING - Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environ'mental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Potentially
Significant
Impact
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
D
D
D
D
D
a — c) Less than Significant Impact. The Draft Housing Element is a policy document that does not recommend or
approve any particular development project/ The Draft Housing Element plans for the City's future housing needs
within the level anticipated by the General Plan. The Draft Housing Element does not propose nor affect any policy,
program or regulation that would result in the division of an established community; instead, Draft Housing Element
programs strengthen, developed residential and some commercial areas by encouraging infill residential or mixed use
development Therefore, impacts are assessed as less than significant.
The Draft Housing Element will not conflict with nor amend any General Plan policies or provisions of the Growth
Management Plan, Zoning Ordinance, or Local Coastal Program or any other policy or standard adopted for the
purpose of avoiding or mitigating an environmental impact. No land zoned for open space or designated by the
General Plan for open space will be converted to urban uses by the Draft Housing Element. The Draft Housing
Element does not affect preserve areas identified in the Carlsbad Habitat Management Plan (HMP). Through the
environmental review process, future projects facilitated by the Draft Housing Element would be evaluated for
potential environmental impacts arid compliance with the provisions and policies of the documents identified above.
Any new mitigation measures identified would be required as conditions of approval. Adherence to these measures
and existing City standards will reduce potential impacts to a less than significant level.
The Draft Housing Element does not conflict with any applicable habitat conservation plan, including the Habitat
Management Plan (HMP) for Natural Communities in the City of Carlsbad (2004). All future housing development
facilitated by the Draft Housing Element will be subject to, and required to comply with, the requirements of the
HMP. No significant impact will result.
30 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
X. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of future value to the region
and the residents of the State?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land
use plan?
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
ODD
D D D
a - b) No Impact. No mineral resources are currently being extracted within Carlsbad. Although mineral resources
were previously extracted throughout the City via gravel pits, oil wells, and salt evaporation ponds, as the City has
become more developed, these activities have decreased through time. All mining operations ceased in 1995 and are
now complete at the South Coast Materials Quarry in northern Carlsbad (Former South Coast Quarry Amended
Reclamation Plan Draft Subsequent EIR, Sept. 2008). According to the Carlsbad General Plan EIR (1994), all
resources at this quarry have been depleted. There are remaining mineral resources present in the northeastern part
of the City, but this area was designated by the 1994 General Plan for urban development and is not planned for
extraction activities. Therefore, no impact on mineral resources will result.
XL NOISE - Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local general
plan or noise ordinance or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundbourne vibration or groundbourne noise
levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
Potentially
Significant
Potentially • Unless Less Than
Significant Mitigation Significant
Impact Incorporated Impact
No
Impact
D El
D El
D K
D . E3
D D
D
D
D
D
D D
D
31 Rev. ] 2/13/07
!' GPA 03-02
2005-2010 Housing Element
a) Potentially Significant Unless Mitigation Incorporated. Carlsbad experiences typical urban noise from
sources such as automobile, train, and air traffic, operation of mechanical equipment and construction equipment,
vocalizations, and related sources. Primary sources of noise include highways and other roadways (especially
Interstate 5, State Highway 78, El Camino Real, Palomar Airport Road, and Rancho Santa Fe Road), and North
County Transit District railroad, and planes using McCleUan-Palomar Airport.
Draft Housing Element policies will facilitate housing construction throughout Carlsbad in areas where noise may
be of concern. Development of properties along Interstate 5, State Highway 78, El Camino Real, Palomar Airport
Road, and Rancho Santa Fe Road and the railroad could expose future residents to excessive noise in the absence of
barriers, berms, or other noise-attenuating features. Development of residential property in or next to commercial
areas may expose future residents to truck noise and other urban sources of noise.
The City's General Plan Noise Element contains several policies that require noise attenuation and/or prohibit
residential development in noisy areas. The maximum permitted noise level for residential interiors is a CNEL of 45"
dBA (pursuant to Title 24 of the California Administrative Code), and the maximum for residential exteriors is a
CNEL of 60 dBA or 65 dBA if subject to noise from McClellan-Palomar Airport.
Future development facilitated by the Draft Housing Element may expose residents to high levels of roadway, rail,
or airport noise, which is considered a significant impact Implementation of Mitigation Measures N-l through N-3
would reduce the impact to a less than significant level.
• N-l A noise study shall be submitted with all discretionary applications for residential projects of five
or more dwelling units located within or 500-feet beyond the 60 dBA CNEL noise contour lines as shown
on Map 2: Future Noise Contour Map in the Noise Element of the General Plan. This noise study shall
identify design features such as noise attenuation walls and mechanical, building ventilation necessary to
enforce the City policy that 60 dBA CNEL is the exterior noise level (65 dBA if subject to noise from
McCiellan-Palomar Airport) and 45- dBA CNEL is the interior noise level to which all residential units shall
be mitigated. .-'•"'
• N-2 To minimize noise impacts, project design techniques shall be used during any discretionary
review of a residential or other noise sensitive project to shield noise sensitive areas from a noise source.
This can be done, for example, by increasing the distance between the noise source and the receiver;
placing non-noise sensitive uses such as parking areas, maintenance facilities, and utility areas between the
source and the receiver; using non-sensitive structures, such as a garage, to shield noise sensitive areas; and,
orienting buildings to shield outdoor spaces from a noise source.
• N-3 As applicable, future residential development shall comply with the policies of the City of
Carlsbad General Plan Noise Element and City of Carlsbad Noise Guidelines Manual.
b, d) Potentially Significant Unless Mitigation Incorporated. Infill development involves construction or
redevelopment in close proximity to existing developed areas, and as such, new development on infill properties
may expose people to temporary groundbourne noise and vibration due to construction activities compared to
development of previously undeveloped areas. Construction of projects facilitated by the Draft Housing Element
will generate short-term noise from construction equipment, such as water trucks, scrapers, bulldozers, and other
vehicles, which may be considered significant impacts. Implementation of Mitigation Measure N-4 would reduce
the impacts level to a less than significant level.
• N-4 As applicable, future residential development shall comply with the following requirements:
o Heavy equipment shall be repaired at sites as far as practical from nearby residences and occupied
sensitive habitats.
o Construction equipment, including vehicles, generators, and compressors, shall be maintained in
proper operating condition and shall be equipped with manufacturers' standard noise control
devices or better (e.g., mufflers, acoustical lagging, and/or engine enclosures).
o The City's noise ordinance (Municipal Code Section 8.48.010) limits the hours of construction to
between 7 a.m. and sunset on weekdays and S a.m. to sunset on Saturdays. Construction is
32 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
prohibited on Sundays and holidays. The City Manager may grant an exception for night work
during the night, Sundays, and holidays if the construction is in a nonresidential zone and there are
no inhabited dwellings within 1,000 feet of the construction site.
o Electrical power shall be provided from commercial power supply, wherever feasible, to avoid or
minimize the use 'of engine-driven generators.
o Staging areas for construction equipment shall be located as far as practicable from residences and
sensitive habitats.
o . Operating equipment shall be designed to comply with all applicable local, state, and federal noise
regulations.
o Noise attenuation walls/buffers shall be used to shield sensitive noise receptors from construction-.
generated noise greater than 75 dBA within 50 feet of sensitive receptors. .
o If lighted traffic control devices are to be located within 500 feet of residences, the devices shall be
powered by batteries, solar power, or similar sources, and not by an internal combustion engine.
With regard to the construction of future projects adjacent to open space and sensitive habitat areas, construction'
noise is considered a significant impact to the least Bell's vireo, California gnatcatcher, and other sensitive species,
migratory birds, or raptors during their breeding seasons (ie., February 15 through September 3 5). Implementation
of Mitigation Measure N-5 would reduce this impact to less than significant leveL
• N-5 Refer to Mitigation Measure Biological Resources BR-4, which will reduce potential construction
noise impacts to sensitive bird species, migratory birds, or raptors to below a level of significance.
c) Less than Significant Impact Future housing development facilitated by the Draft Housing Element policies
will result in additional population, potentially increasing existing.noise levels. Carlsbad and the surrounding cities
constitute an urbanized environment where existing noise levels are higher than other less developed areas, and
implementation of the Draft Housing Element would not result in a substantial increase to the existing noise level.
Impacts will be less than significant
e) Potentially Significant Unless Mitigation Incorporated. The McCellan-Palomar Airport is located west of El
Camino Real and north of Palomar Airport Road inside the boundaries of Carlsbad. The airport is a County owned
and operated general aviation facility. The Airport Land Use Commission is responsible for preparing the
Comprehensive Land Use Plan (CLUP) for the area surrounding the airport, and adopted the CLUP in 2004. The
City's General Plan conforms to the CLUP and prohibits residential uses in the nearby vicinity around the airport.
According to the General Plan Noise Element, land within the 65 dBA CNEL noise contour, which extends from the
runway of Palomar Airport and is generated by aircraft operations, is not planned for residential uses. The Draft
Housing Element will not modify the existing land use plan- inside the 65 dBA CNEL noise contour boundaries.
The majority of the City is located in the airport Noise Impact Notification Area (NINA), where aircraft overflight
typically occurs on an irregular basis. Though not considered a health or safefy impact, aircraft noise may be a
nuisance. Implementation of Mitigation Measure N- 6 would reduce this impact to a less than significant level.
• N-6 Future residential development shall comply with the following requirements as applicable:
o Prior to the recordation of the first final (tract/parcel) map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property is subject
to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form
meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in
the Planning department).
o Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development.' The number and locations of said signs shall be approved by the
Planning Director (see Noise Form #3 on file in the Planning Department).
33 Rev. 12/13/07
( GPA 03-02
2005-2010 Housing Element
f) No Impact. No private airstrips exist in Carlsbad or in the adjacent areas of bordering cities. No significant
impact will result.
XII. POPULATION AND HOUSING - Would the project:
a) Induce substantial growth in an area either directly
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
Potentially
Significant
Impact
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
D D D
n n n
n n
a - c) No Impact The Draft Housing Element considers additional housing opportunities within the limits of the
policies of the General Plan Land Use Element and Growth Management Plan. In 1986, Carlsbad voters passed
Proposition E, which ratified the City's Growth Management Plan. This program lowered the residential build out
capacity and imposed very specific facility improvement and/or fee requirements for all new development. The
program established a dwelling unit cap-of 54,600 dwelling units. The accommodation of the City's RHNA can be
accomplished within the City's Growth Management dwelling unit cap (See City of Carlsbad Draft 2005-2010
Housing Element Section 4). Though the Draft Housing Element includes programs proposing residential density
increases and residential mixed-use in commercial areas for purposes of meeting the RHNA for lower and moderate
income housing, the Draft Housing Element does not propose policies to facilitate housing beyond the total dwelling
units anticipated by the City's existing General Plan and Growth Management Plan.
Moreover, the Draft Housing Element will not induce substantial population growth by the extension of roads and
other infrastructure, since the project does not provide for such. The Draft Housing Element contains policies that
encourage infill development in existing areas and a diversity of housing types and price. Development of the
Quarry Creek site, as would be facilitated by Draft Housing Element Program 2.1, may result in the extension of
Matron Road. The Quarry Creek site is largely disturbed and bordered on three sides by development; due to its
proximity to commercial areas and transportation, it is also a potential smart growth area per SANDAG. Quarry
Creek is already served by two roads (the present terminus of Marron Road to the east and Haymar Drive to the
north) and its development may not warrant extension of the road to the west. It is likely that a traffic study,
submitted with a development proposal at Quarry Creek, will determine the need for the extension.
None of the programs or policies in the Draft Housing Element would displace either substantial numbers of existing
housing or persons. Draft Housing Element proposed programs that propose and encourage increased densities for
residential and mixed use projects, such as in the proposed'Barrio Area and the Village Redevelopment Area, may
result in demolition of housing units. However, these units would be replaced by new housing, either as a stand-
alone residential product or, as permitted by applicable regulations and policies, in combination with commercial
uses. Furthermore, sites identified in Program 2.1, such as Quarry Creek and the proposed Barrio Area, are
consistent with the SANDAG Regional Comprehensive Plan's objectives of developing smart growth areas as a way
to accommodate additional housing in an efficient, compact, and resourceful manner.
3
Finally, the Draft Housing Element contains programs designed to preserve existing affordable housing and
rehabilitate deteriorated housing. No significant impacts will result.
34 Rev. 12/13/07
XIIL PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered government facilities, a
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
Other performance objectives for any of the public
services:
. i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
Potentially
Significant
Impact
GPA 03-02
2005-2010 Housing Element
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
D
D
D
D
D D
D D
D D
D D
D D
a.i - a.v) Potentially Significant-Unless Mitigation Incorporated. The Draft Housing Element considers
additional housing opportunities within the limits of the policies of the General Plan Land Use Element and Growth
Management Plan. In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth -Management
Plan. This program lowered the residential build out capacity and imposed very specific facility improvement
and/or fee requirements for all new development. The program established a dwelling unit cap of 54,600 dwelling
units. The accommodation of the City's RHNA can be accomplished within the City's Growth Management
dwelling unit cap, as explained in Section 4 of the City of Carlsbad Draft Housing Element.
The Growth Management Plan requires planning for public facility needs through build out and for public facilities
to be provided concurrent with development. The Draft Housing Element does not affect the Growth Management
Plan, and does not propose policies to facilitate housing beyond the total dwelling units anticipated by the City's
existing General Plan and Growth Management Plan. Implementation of the Draft Housing Element will not require
additional public services beyond those already anticipated. Developers of every new development facilitated by the
Draft Housing Element will be required to pay all applicable impact fees, including required school impact fees, to'
support additional public services as the demand for those services increases with population growth.
Implementation of the Draft Housing Element will not require additional public services beyond those already
anticipated, with the exception of Local Facility Management Zone 25. Zone 25 is undeveloped and not all public
service needs are known at this time. This is considered a significant impact; however, the City's General Plan and
Habitat Management Plan do anticipate future development within Zone 25. Moreover, the San Diego Association
of Governments has identified the Quarry Creek portion of zone 25 as a potential smart growth area, or an area
suitable for a compact, efficient, and environmentally-sensitive urban development pattern. Implementation of the
mitigation measure below will reduce public service impacts to a less than significant level.
• PS-1 Prior to approval of the first tract map or building permit in Zone 25, a Local Facility Management
Plan shall be prepared and adopted by the City Council for Zone 25. Consistent with the Carlsbad Growth
Management Plan and its performance standards for public facilities, this plan shall show how and when
the following facilities will be provided: Sewer systems, water, drainage, circulation, fire facilities,
schools, libraries, city administrative facilities, parks and open space. This plan shall also include an
35 Rev. 12/13/07
i GPA 03-02
2005-2010 Housing Element
inventory of present and future requirements for each public facility, a phasing schedule establishing the
timing for provision of each facility, and a financing plan for funding the necessary facilities.
Potentially
Significant
Potentially Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
D D
XIV. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
a) Less than Significant Impact. Implementation of the Draft Housing Element has the potential to increase the
number of housing units and residential population. This could accelerate the deterioration of existing park and
recreational facilities. Developers of future housing projects will be required to pay all applicable fees (including
park in-lieu fees and development impact fees) to address any potential impacts on park and recreational facilities
and services.
The Growth Management Performance Standard for Parks requires 3 acres of park space for every 1,000 people in
the city. As population (and corresponding demand for parks) is increased, Growth Management policies require
park acreage to be concurrently increased, thereby ensuring that existing park facilities are not overburdened. No
significant impacts will result.
b) No Impact. The Growth Management Plan requires planning for public facility needs through build out, and
requires public facilities to be provided concurrent with development. This includes the build out need for parks and
recreational facilities. The Draft Housing Element does not affect these plans or require additional facilities beyond
those already anticipated. No significant impacts will result.
XV. TRANSPORTATION/TRAFFIC - Would the project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard" established by the county
congestion management agency for designated roads
or highways?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
D D D
D D
36 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
c) Result in a change in air Traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in insufficient parking capacity?
g) Conflict with adopted-policies, plans, or programs
supporting alternative transportation (e.g., bus turn-
outs, bicycle racks)?
Potentially
Significant
Impact
D
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Imp
D
D
D
D
D D
D
D
a) Potentially Significant Unless Mitigation Incorporated. The Draft Housing'Element is a policy document that
does not recommend or approve any particular development project. Implementation of Draft Housing Element
policies and programs will facilitate housing construction, which in turn could generate new vehicle trips. However,
(he policies in the Draft Housing Element do not include project specific conditions and approval. The project
specific impacts to the transportation system will be addressed as part of the permitting-process.
The Draft Housing Element include^ .programs that encourage infill, higher density and mixed-use development,
which are located in close "pnw'ni'ty to public transportation and services. These programs are consistent with
SANDAG Regional Comprehensive Plan objectives for smarter, more efficient growth patterns because they are
expected to reduce the number of vehicle trips as compared to standard single family development.
Cirywjde, the circulation system has been designed to accommodate the number of housing units at buildout of the
General Plan, and the Draft Housing Element does not propose to increase or significantly redistribute the number of
housing units designated in the General Plan. However, there may be local traffic impacts from individual future
projects which may be potentially significant prior to mitigation. Implementation of the following mitigation
measures, consistent with the Growth Management Plan, will reduce any such impacts to a less than significant
level.
• T-l Require new development to provide a traffic analysis report, as applicable, according to City
standards and as may be required by the City Engineer. This report shall evaluate project specific traffic
impacts and identify mitigation for impacts.
» T-2 Require new development to comply with the adopted (September 23, 1986) Growth Management
performance standards for circulation facilities, which ensures future development will not exceed the
traffic load and capacity of the City's street system and intersections.
• T-3 Developers shall make applicable fair share contributions through the Traffic Impact Fee (TIP)
program toward traffic improvements, to the satisfaction of the Carlsbad Engineering Department.
• T-4 For projects that may potentially impact the circulation networks of adjacent jurisdictions, the City
shall coordinate the project's environmental review with these jurisdictions to determine the need for any
mitigation of the potential impacts.
• T-5 Require new development to provide pedestrian and bicycle linkages, when feasible, which
connect to nearby community centers, commercial developments, parks, schools, points of interest, major
transportation corridors and the Carlsbad Trail System.
37 Rev. 12/13/07
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GPA 03-02
2005-2010 Housing Element
b) Potentially Significant Unless Mitigation Incorporated. SANDAG, acting as the County Congestion
Management Agency, has designated ihfes-fijyiyoacJs (Qli^nJjjniyjd^Rancho Santa Fe Rd., £1 Camino Real
and Palomar Airport Rd.) and IMLOiie highway segments in Carlsbad as part of the regional circulation system.
A.ccjffdjrig,JQ .foe .SAM3AG Final..2Qa8 Congestion. Management JfrSjjEamItodata..iipgrpyecL b!oy
trPhe awstifig-LeveJs.Of.Se.rv.ic,!; on these designated roads and highway! in Carlsbad as.g|"2Q
Qllveahain Road.
LOS
^S&Rancho Santa Fe Road
El Camino Real
Palomar Airport Road
JmsSii
SR7S
"A-D"
The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E'Vor LOS-"F" if
&aHvas-the LOS in iha-1990 bone y&ar-(e.g..v $R 7S in Carlsbad-was LOS "'p in 1990). Accordingly, all designated
Real,, and highway 78 are currently operating at or._
better than die acceptable standard LOS,
.fo
Implementation of the Draft Housing Elernent will not result in dwelling units above tr>at already anticipated by the
Carlsbad General Plan and Growth Management Plan. Achievement of the CMP acceptable Level of Service (LOS)
"E" standard assumes implementation of the adopted CMP strategies. Based on the design capacities of the
| designated roads and highway? and implementation of the CMP strategies, they will function at acceptable levels of
service in the short-term and at buildout.
. Citywide, the circulation system has been designed to accommodate the number of housing units at buildout of the
General Plan, and the Draft Housing Element does not propose to increase the number of housing units beyond the
General Plan. However, there may be local traffic impacts from individual future projects which may be significant.
Implementation of the above mitigation measures T-l, T-2. T-3, T-4 and T-5 will reduce this impact to a less than
significant level.
c) No Impact The Draft Housing Element does not include any aviation components. The project is consistent
with the General Plan and Airport Land Use Compatibility Plan for McClellan-Palomar Airport. It would not,
therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed.
d — Q Less than Significant Impact. The Draft Housing Element is a policy document and does not provide any
project entitlements and will not result directly in the construction of any housing. Adoption of the Draft Housing
Element will facilitate housing production, which could increase the use of existing roads and require new road
improvements. Through the environmental review process, future projects facilitated by the Draft Housing Element
would be evaluated for potential traffic impacts and would be required to comply with the City's roadway safety
standards, emergency access requirements and parking standards. Any future project circulation improvements will
be designed and constructed to City standards; and, therefore, would not result in design, hazards. All projects 'will
be evaluated by the Fire and Police Departments and required to satisfy existing requirements for emergency access.
Parking standards set forth in the Zoning Code will be applied to each n«w housing development.it
If a project could have potential traffic impacts, a traffic analysis report will be required. Any mitigation measures
identified wouid be required as conditions of approval. Adherence to these measures and existing City standards
will reduce potential impacts to a less than significant level, No mitigation measures are required.
Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
g) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document and
will not result directly in the construction of any housing. The Draft Housing Element includes programs that
encourage infill, higher density and mixed-use development, which per the General Plan are to be located in close
proximity to public transportation, including rail. Draft Housing Element programs support, rather than conflict
with currently adopted policies, plans, or programs supporting alternative transportation. The General Plan contains
goals and policies related to pedestrian travel, bicycle support facilities, commuter facilities and public transit
facilities and services. Implementation of the Draft Housing Element is expected to increase the use of alternative
transportation. Furthermore, any project facilitated by the Draft Housing Element will be required to comply with
existing City standards regarding the installation of bicycle racks and bus turnouts.
New housing facilitated by Draft Housing Element programs may include homes adjacent to or near the North
County Transit District railroad right of way, particularly in the Village Redevelopment Area, Barrio Area, and
Beach Area Overlay Zone. New development may increase traffic volumes, including pedestrian traffic, at at-grade
highway-rail crossings. These traffic increases may impact safety within the rail corridor. However, the mitigation
measure below requires the preparation of studies to reduce potential impacts to a less than significant level.
• T-6 For development proposed adjacent to or near the North County Transit District railroad right of
way, traffic analysis reports required by mitigation measure T-l shall address any traffic increase impacts'
over affected rail crossings and associated mitigation measures, if .any, to the satisfaction of the City
Engineer,
XVI. UTILITIES AND SERVICES SYSTEMS - Would the
project: ". .-•'•'
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which would
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
e) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
Potentially
Significant
Impact
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
o
D
D D
D D
Q ISI D D.
a
a.
a
a a
a a
a
39 Rev, 12/13/07
GPA 03-02
2005-2010 Housing Element
g) Comply with federal, state, and local statutes and I ] j I I I 1^71
regulations related to solid waste? — —' '— ^~*
a) Potentially Significant Impact Unless Mitigation Incorporated. Wastewater generated within Carlsbad
is treated at the Encina Wastewater Authority (EWA). EWA's treatment facility is designed to treat wastewater to
the secondary level and meets current State and Federal requirements. As such, EWA's facility is designed to
adequately treat sewer flows from uses such as residential development. With regard to water quality impacts for
wastewater treatment facilities resulting from pollutants generated by general runoff, new development of currently
vacant areas could cause significant impacts. Implementation of the following mitigation measure will reduce this
impact to a less than significant level.
• USS-1 Prior to issuance of a grading permit, the applicant shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to
demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard
Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit, and the General
Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best
Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion
control requirements.
b - e) Potentially Significant Impact Unless Mitigation Incorporated. The Draft Housing Element considers
additional housing opportunities within the limits of the policies of the Genera? Plan Land Use Element and Growth
Management Plan. In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth Management
Plan. This program lowered the residential build out capacity and imposed very specific facility improvement
and/or fee requirements for all new development. The program established a build out dwelling unit cap of 54,600
dwelling units. The accommodation of the City's RHNA can be accomplished 'within the City's Growth
Management dwelling unit cap. The Growth Management Plan requires planning for public facility needs through
build out and for public facilities to be.-provrded concurrent with development.
The Carlsbad Municipal Water District Master Plan (2003) and Carlsbad Sewer District Master Plan (2003) planned
for the capacity and'.conveyance facilities necessary to serve the City with water distribution and wastewater
treatment services to the Growth Management build out dwelling unit cap of 54,600 dwelling units. Though the
Draft Housing Element will facilitate housing construction which could increase water and sewer demand, the Draft
Housing Element does not affect these master plans and will not exceed the number of dwelling units anticipated by
these master plans and allowed under Growth Management.
The City is also served by the following: Leucadia Wastewater District, Olivenhain Municipal Water District and
Vallecitos Water District. Each district has prepared master plans or studies which evaluate the adequacy and
determine improvements necessary to provide adequate service for future developments.
Carlsbad has structured its development impact fees to provide for adequate public infrastructure, services and
utilities in developing areas of the City, which are generally well served, to meet existing and approved
developments. Future development proposals will be reviewed to address any potential impacts on water supply and
wastewater collection and treatment. Development will not be permitted unless adequate service is available or can
be provided. Future development proposals will also be required to pay all applicable fees (including development
impact fees) to address any potential impacts to facilities or service delivery.
With respect to Local Facility Management Zone 25, Zone 25 is currently undeveloped and not all public service
needs are known at this time. This is considered a significant impact; however, implementation of Mitigation
Measure PS-1 from the Public Services section will reduce the impacts to a less than significant level,
f- g) No Impact. All development facilitated by the Draft Housing Element will comply with existing City, State
and federal statutes regarding solid waste disposal, including source reduction programs pursuant to the California
Integrated Waste Management Act, Each housing development facilitated by the Draft Housing Element will
participate in the City's recycling program and comply with all other regulations related to waste management. No
significant impact will result.
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2005-2010 Housing Element
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a ftsh or wildlife species, cause a fish or
wildlife population to 'drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumula-
tively considerable" means -that the incremental
effects of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects?)
c) Does the project have environmental effects, which
will cause the substantial adverse effects on human
beings, either directly or indirectly?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
n
Less Than
Significant No
Impact Impact
n n
n n n
n n n
a) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document and
does not provide any project entitlements and will not result directly in the construction of any housing. However,
adoption of the Draft Housing Element will facilitate future housing projects, which could negatively affect
environmental quality. As evidenced in the Biological Resources category, the project has the potential to degrade
the quality of the environment and reduce the number and restrict the range of a rare animal and plant. However, the
project's compliance with mitigation measures, which requires compliance with the HMP, ensures these impacts
would be reduced to a level of insignificance.
b) .Potentially Significant Unless Mitigation Incorporated. The project does not have cumulatively considerable
impacts as this environmental document demonstrates, SANDAG projects regional growth for the greater San
Diego area and local general plan land use policies are incorporated into SANDAG projections. Based on these
projections, region-wide standards, including but not limited to, storm water quality control, air quality standards,
habitat conservation, and congestion management standards are established to reduce the cumulative impacts of
development in the region. All of the City's development standards and regulations are consistent with the region-
wide standards. The City's standards and regulations, including grading standards, water quality and drainage
standards, traffic standards, habitat and cultural resources protection regulations, and public facility standards,
ensure that future development within the City will not result in a significant cumulatively considerable impact.
Mitigation measures are included herein to ensure projects comply with all applicable standards.
Two regional issues of concern with regard to cumulative impacts are air quality and regional circulation.
Development of future residential projects facilitated by Draft Housing Element policies and programs may
represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin.
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As discussed above in the Air Quality section, Draft Housing Element policies will not provide for housing beyond
that accounted for in SANDAG's regional plans and thus, is within the scope of regional air quality management
plans. While future projects will contribute to regional emissions, those emissions have been accounted for in
regional planning efforts. Additionally, mitigation measures are included herein to reduce to less than significant the
short term air quality impacts that occur during construction.
With regard to circulation, SANDAG. the County CQn.gesiion,Man.agejiient AcsaC-Y IC.MA) has designated three
four^roads (Qliyenhain_R4...Rancho Santa Fe Rd., El Camino Real, and Palomar Airport Rd.) and two highway
segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City's
growth projections in the General PlanjndJmBlejn£rijMicjio£aj^^ that
these designated roadways will function at acceptable levels of service in the short term and at build out. Draft
Housing Element programs are consistent with the Carlsbad General Plan growth projections. Mitigation measures
are included in this environmental document to ensure localized traffic impacts, compliance with the City's Growth
Management and Traffic Impact Fee programs, coordination with other cities, and improvements to Carlsbad's
pedestrian and bicycle circulation network occur. Regarding biological impacts, the MHCP was designed to
compensate for the loss of biological resources throughout the program's region; therefore, projects that conform to
the MHCP, as specified by the City's HMP, would not result in a cumulatively considerable impact for those
biological resources adequately covered by the program. As discussed in the Biological Resources category herein,
the direct and indirect biological impacts resulting from development facilitated by the Draft Housing Element
should not be cumulatively considerable if the mitigation measures as contained herein are implemented to ensure
conformance to the MHCP and the City's HMP.
c) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element policies and programs
seek to (1) provide a plan for meeting the City's share of the regional housing need, (2) focus on providing safe and
affordable housing or shelter for all Carlsbad residents, (3) encourage the rehabilitation of deteriorated housing units
and (4) provide shelter for homeless individuals. Further, implementation of Draft .'Housing Element programs
would encourage the development of compact,'efficient smart growth, which would efficiently locate housing near
transportation, services, and employment. Adoption and eventually implementation of the Draft Housing Element
will have an overall beneficial impact.
Construction of housing pursuant to the Draft Housing Element, if not according to applicable standards and
requirements, could potentially have significant adverse effects on human beings. Therefore, mitigation measures as
contained herein ensure any future housing facilitated by the Draft Housing Element, including emergency shelters
and temporary farm worker housing, will be constructed consistent with all adopted building codes and other
applicable standards, such as those regarding noise and air quality and hazards and hazardous materials.
XVIII. EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
J5063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identity earlier analyses and state where they are available for review.
b) Impacts adequately addressed. "Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated,"
describe the mitigation measures, which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
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EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning
Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. City of Carlsbad. Carlsbad General Plan.
2. City of Carlsbad. Carlsbad Municipal Water District Water Master Plan Update. March 2003.
3. City of Carlsbad. City of Carlsbad Draft 2005-2010 Housing Element. December 2008.
4. City of Carlsbad. City of Carlsbad Drainage Master Plan. July 2008.
5. City of Carlsbad. City of Carlsbad Sewer Master Plan Update. March 2003.
6. City of Carlsbad. El Camino Real Corridor Study. Februarys, 1984.
7. City of Carlsbad. Final Environmental Impact Report for the. City of Carlsbad Drainage Master Plan
Update. SCH# 2006041066. December 2007.
8. City of Carlsbad. Final Master Environmental Impact Report for the City of Carlsbad General Plan
Update. SCH #93091080. March 1994.-
9. City of Carlsbad. Habitat Management Plan for Natural Communities in the dry of Carlsbad. November
2004. •
10. City of Carlsbad. Landscape Manual. Adopted November 13, 1990.
11. City of Carlsbad. Local Coastal Program with Kelly Ranch Amendments. Amended 2006.
12. City of Carlsbad. Minutes of City of Carlsbad City Council and Housing and Redevelopment Commission
(Joint Special Meeting)".'November 6,2007.
13. City of Carlsbad. Municipal Code, Title 21: Zoning Ordinance.
14. City of Carlsbad. Notice of Preparation of a Draft Environmental Impact Report. EIR 06-01. Bridges at
Aviara. February 3, 2009.
15. City of Carlsbad. Scenic Corridor Guidelines. July 1, 1988. - •
16. City of Carlsbad. Negative Declaration for Village Master Plan and Design Manual — Amendments. (SCH
#2007071132). Adopted November'6,2007. " "
17. CERCLIS Database an'd Svperfund Site Information, U.S. Environmental Protection Agency,
http://epa.gov/superfund/sites/cursites/index.htm. accessed January 22, 2009.
18. Cortese • List Data Resources, California ' Environmental Protection Agency,
• hrtp://wvt^v.calepa.ca,3ov/SiteCleanup/Coite5eList/defaultj7tiTi. accessed January 22,2009.
19. Eligible and Officially Designated Routes, California Department of Transportation,
www.dot.ca.gov/hQ/LandArch/scenic/cahisvs.htm.
20. Final Program Environmental Impact Report for the Regional Comprehensive Plan for the San Diego
Region. (SCH # 2004011141). Prepared by P & D Environmental. July 2004.
21. Former South Coast Quarry Amended Reclamation Plan Draft Subsequent EIR ("SCHg 2005021 }\9).
Prepared by HELIX Environmental Planning, Inc. September 2008.
22. La Costa Town Square Draft Environmental Impact Report. (SCH #2003041159). Prepared by EDAW,
Inc. March 19,2009.
23. Officially Designated State Scenic Highways, California Department of Transportation,
www.dot.ca.gov/hQ/LandArch/scenic/schwv.htni.
24. P onto Beachfront Village Vision Plan Final Environmental Impact Report. (SCH #2007031141). Prepared
by RBF Consulting. August 2007.
25. Robertson Ranch Master Plan Final Environmental Impact Report. (SCH #2007031141), Prepared by
BRG consulting, Inc. April 2006.
26. San Diego Association of Governments. Regional Comprehensive Plan for the San Diego Region. July
2004.
27. San Diego County Important Farmland 2006 map, published August 2008. Access from the State
Department of Conservation website at ftp://ftp.consrv.ca.gov/pub/dliTi/FMMP/pdf/2006/sdgQ6 westpdf.
28. San Diego County Regional Airport Authority. Airport Land Use Compatibility Plan, McClellan-Pahmar
Airport Carlsbad, California. Amended October 4,2004.
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LIST OF MITIGATING MEASURES fIF APPLICABLE1!
Aesthetics
« A-l As applicable, all future development projects in the City shall comply with the following
requirements:
o Carlsbad Municipal Code Title 21.53 and California Environmental Quality Act - Preservation of
steep slopes (40% or greater) and other environmentally constrained areas (i.e., wetlands and
flood ways).
o The open space and sensitive habitat preservation requirements of the City of Carlsbad Habitat
Management Plan,
o El Camino Real Corridor Development Standards.
o Hillside Development Ordinance (contour/landform grading, screening graded slopes, landscape
buffers, reduction of slope heights and grading, sensitive hillside architecture). .
o Planned Development Ordinance and Design Guidelines Manual,
o Landscape Guidelines Manual
o City Council-Policy No. 44 - Architectural Guidelines for the Development of Livable
Communities.
o City Council Policy No. 66 - Principles for the Development of Livable Neighborhoods
o Growth Management Ordinance - Requirement for 15% performance standards open space
» '
o Zoning Regulations (i.e., setback, coverage, signage, and height, etc,)
o City of Carlsbad Local Coastal Program
• A-2 As applicable, all future development projects in the City shall comply with the following General
Plan policies:
o Arrange land use so that they preserve community identity and are orderly, functionally efficient,
healthful, convenient to the public and aesthetically pleasing. (Land Use Element, Overall Land
Use Pattern, C.J)
o Ensure that the review of future projects places a high priority on the compatibility of adjacent land
uses. (Land Use Element, Overall Land Use Pattern, C.2)
o Review the architecture of buildings with a focus on ensuring the quality and integrity of design
and enhancement of the character of each neighborhood. (Land Use Element, Overall Land Use
Pattern, C.6)
o Ensure that grading for building pads and roadways is accomplished in a manner that maintains the
appearance of natural hillsides (Land Use Element, Environmental, C.3)
• A-3 As applicable, developers shall submit and obtain Planning Director approval of an exterior
lighting plan, including parking areas, recreation areas and other applicable components of residential
projects. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or
property. For any lighting adjacent to or within 100 feet of open space and sensitive habitat areas, the
lighting plan shall demonstrate compliance with the Adjacency Standards of the Carlsbad Habitat
Management Plan.
• A-4 Construction lighting shall be shielded or directed away from adjacent residences and sensitive
receptors to light, including sensitive habitats.
• A-5 All projects adjacent to open space and sensitive habitat areas shall comply with the lighting
recommendations found in the Adjacency Standards of the Carlsbad Habitat Management Plan, including
the following:
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2005-2010 Housing Element
o -Eliminate lighting in or adjacent to the preserve areas-except where essential for roadway, facility
'use and safety and security purposes.
o Use low pressure sodium illumination sources. Do not use low voltage outdoor or trail lighting,
spot lights, or bug lights. Shield light sources adjacent to the preserve so That the lighting is
focused downward.
o Avoid excessive lighting in developments adjacent to linkages through appropriate placement and
shielding of light sources.
Agricultural Resources
• AR-I Within the Coastal Zone, projects that would convert farmland must comply with the agricultural
conversion requirements of the Local Coastal Program.
• AR-2 For any project that would convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance, a California Agricultural Land Evaluation and Site Assessment (LESA) Model Analysis must
be prepared to identify potential impacts to important agricultural lands.
Air Quality
• AQ-1 Future development shall comply with the following requirements as applicable:
o Water or dust control agents shall be applied to active grading areas, unpaved surfaces, and dirt
stockpiles as necessary to prevent or suppress paniculate matter from becoming airborne. All soil
to be stockpiled over 30 days shall be protected with a secure tarp or tackifiers to prevent
windblown dust
o Spoil or demolition material in each truckload shall be kept low enough to prevent spillage and
shall be sufficiently .wetted down or covered with a secure tarp to prevent dust generation during
transport. -
o Grading and other soil handling operations shall be suspended when wind gusts exceed 25 miles
per hour. The construction supervisor shall have a hand-held anemometer for evaluating wind
speed.
o Dirt and debris spilled onto paved surfaces at die project site and on the adjacent roadway shall be
swept or vacuumed and disposed of at the end of each workday to reduce resuspension of
paniculate matter caused by vehicle movement.
o Vegetation disturbed by construction or maintenance activity shall be revegetated upon completion
of work in the area, where appropriate.
o Electrical power shall be provided from commercial power supply wherever feasible, to avoid or
minimize the use of engine-driven generators.
o Air filters on construction equipment engines shall be maintained in clean condition according to
manufacturers' specifications.
o" The construction contractor shall comply with the approved traffic control plan to reduce non-
project traffic congestion impacts. Methods to reduce construction .interference with existing
traffic and the prevention of truck queuing around local sensitive receptors shall be incorporated
into this plan.
o Trucks and equipment shall not idle for more than 15 minutes when not in service.
y
Biological Resources
• BR-1 Projects with the potential to impact sensitive biological species and habitats, as determined by the
City, shall comply with the California Environmental Quality Act (CEQA), California Coastal Act, the
Multiple Habitat Conservation Program (MHCP), the HMP and other applicable documents including but
-ft
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2005-2010 Housing Element
not limited to those identified in subsection 5.1, Regulatory Context, of the City's "Guidelines for
Biological Studies," dated May29, 2008, and as may be amended from time to time
BR-2 For projects with the potential to impact sensitive biological species and habitats, as determined by die
City, a biology resources technical report (BTR) shall be prepared. The BTR shall provide the necessary
information to establish the current status of biological resources within a project footprint, an analysis of
potential project impacts, and mitigation measures that should be implemented to reduce the impacts to below a
level of significance. The format and content of the BTR shall be similar to report standards outlined in. the
City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from tune to time.
Future project level environmental review that would impact biological resources would be provided to the
Wildlife Agencies for review to verify consistency with the City's HMP.
BR-3 Implementation of the mitigation measures BR-3a through BR-3d would be required for projects that
would impact sensitive HMP habitats and would reduce direct and cumulative impacts to below a level of
significance. Note that the descriptions of Type A through F habitats are per Table 11 of the HMP. Avoidance"
and on-site mitigation are the priority.
o BR-3a For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh,
estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands,
flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net
loss of habitat value or function shall be met. Habitat replacement ratios and the specific location
of mitigation fends shall be determined in consultation with the USFWS, US ACE, and CDFG as
appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and
the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland
habitats shall be in the City or MHCP plan area, at a ratio to be determined by the applicable
resource agencies at the time of project permitting.
o Bio-3b Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent
scrub, southern maritime chaparral, native grass) shall be mitigated at a 3:1 ratio, or at an
appropriate ratio based on habitat quality and quantity as determined in coordination with the
applicable resource agencies at the time of project permitting.
o Bio-3c Impacts to Type C habitats (California gnatcatcher-occupied coastal sage scrub) shall be
mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as
determined in coordination with the applicable resource agencies at the time of project permitting.
o BR-3d Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix,
chaparral), Type E (annual, nonnative grassland), and Type F (disturbed lands, eucalyptus,
agricultural lands) habitats are subject to the fee payment if not conserved or mitigated onsite.
BR-4 Construction activities, including clearing and grubbing, in or adjacent to habitat occupied
associated with sensitive species, migratory birds, or raptors, shall be generally prohibited during the bird
breeding season (February 15 — September 15). If construction activities cannot be avoided during this time
the following measures shall be taken:
o BR-4a A qualified biologist shall conduct a focused species .gnatcatcher survey in appropriate
habitat within and surrounding the project areas. The surveys will consist of three visits, one week
apart; the last of these shall be conducted no more than three days prior to construction.
o BR-4b Surveys shall also be conducted by a qualified biologist in appropriate habitat for nesting
raptors and migratory birds (including, but not limited to, the least Bell's vireo) within three days
of construction.
o BR-4c If nests of sensitive species, migratory birds, or raptors are located, the project applicant
shall receive confirmation from the biologist that construction may proceed or continue and
implement any necessary mitigation measures.
o BR-4d During the breeding season, construction noise shall be measured regularly to maintain a
threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed
species. If noise levels superseded the threshold, the construction array will be changed or noise
attenuation measures will be implemented.
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BR-5 Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species
prior to construction, as determined by the Wildlife Agencies.
BR-6 For projects that would result in the loss of sensitive habitats within the Coastal Zone, mitigation
shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14
of Section D, and the policies and provisions of the LCP.
BR-7 Mitigation ratios shall be consistent with the provisions of the HMP and Local Coastal Program.
For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location
of mitigation lands shall be determined in consultation with, the USFWS, USAGE, and CDFG as
appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the
California Fish and Game Code. For projects with unavoidable impacts, the City shall demonstrate that
viable wetlands can either be: 1) created at a minimum ratio of 1:1 within close proximity of the impact_
area to replace the wildlife function affected by the project; or, 2) provide proof that wetland creation
credits at a minimum ratio of 1:1 have been purchased at a Wildlife Agency approved bank. Consistent
with the City's HMP, higher ratios will "be required for impacts to high quality wetlands (e.g., occupied by
listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For DMP Update
components where wetland creation will be necessary, construction shall not be initiated until a viable
wetland creation mitigation site with long-term value is identified (and if necessary purchased by the City)
and the wetland mitigation plan is approved by the appropriate Resource Agencies. The wetland creation
shall not require impacts to sensitive wildlife or vegetation communities. All mitigation lands for impacts
to riparian and wetland habitats shall be in the City or MHCP plan area as deemed appropriate by tine
Wildlife Agencies.
BR-8 As needed, surveys for state and federally listed sensitive plant species shall be conducted to
complete a determination of suitable habitat presence prior to issuance of any discretionary permits by the
City. Surveys shall be conducted at a time when sensitive plant species would-be most observable.
BR-9 At the project design'stage for projects located within key Core Areas and linkages, design measures
and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad.
BR-10 Projects shall comply with the Adjacency Standards outlined in Section F., pp. 4-16 to F-24 of the
HMP.
BR-11 During clearing, grading, and other construction activities, ensure that proper irrigation and
stormwater runoff mitigation measures are employed to reduce sediment loads and to prevent contamination
from pesticides, fertilizers, petroleum products, and other toxic substances. Fugitive dust shall also be avoided
and minimized through watering and other appropriate measures.
Cultural Resources
CR-l The following mitigation measures will be required if a project is located in an undeveloped area
that could potentially impact significant cultural deposits.
o CR-l a Preconstruction Requirements - Prior to the start of construction, a pedestrian survey
shall be conducted under the supervision of a qualified archaeologist for previously undisturbed
areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with
outdated or non-protocol methods). The survey shall be conducted in parallel linear transects
spaced no farther than 10 meters apart in undeveloped areas.
• CR-la(l) Cultural resources, if found during the survey, shall be photographed,
mapped using a global positioning system (GPS), and recorded on the appropriate California
Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be
submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey.
• CR-la(2) Within 1 month of completion of the field survey, a draft letter report or
technical report shall be submitted to the City for review, whether the survey is negative or
positive. A final report shall be submitted within 6 weeks of receipt of the City's comments,
with a copy submitted to the SC1C for their files.
CM
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o CR-lb If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated
archival search, if needed, as well as additional detailed field testing. Local Native American groups
shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable,
the City wil 1 execute a Pre-Excavation Agreement with the appropriate Native American groups.
" CR-lb(l) Prior to the start of field testing, surface artifacts and/or features shall be
marked and mapped using a GPS. Testing shall be required if surface artifacts are
discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define
site boundaries and identify the potential for a substantial subsurface deposit.
• CR-lb(2) Based on the results of the STPs, additional measures such as Test
Excavation Units or mechanical trenching (for substantial historic sites) would be placed in
areas with the potential for a substantial subsurface deposit, as determined by the qualified
archeologist.
» CR-lb(3) All excavated soils shall be screened through 1/8-inch mesh hardware
cloth. On completion of the project the artifact collection, along with copies of the catalogs
and the technical report, shall be permanently curated at the San Diego Archaeological
Center. An updated site record shall be prepared and submitted to the SC1C.
CR-lb(4) Within 3 months of completion of the fieldwork, a draft technical report
including evaluations and recommendations shall be prepared and submitted. The final
technical report shall be submitted within 6 weeks of receipt of the City's comments.
CR-2 Monitoring Requirements ~ Construction monitoring will be required for projects that involve
excavation or grading within undisturbed native soils and could potentially impact subsurface cultural
deposits.
o CR-2a Prior to the first preconstruction meeting for the project, the Planning Director (PD) shall
verify that the requirements for archaeological" monitoring and Native American monitoring, if
applicable,- have been noted on the appropriate construction documents. The applicant shall retain a
qualified archaeologist to verify that a records search has been completed and \ipdated,-as necessary,
and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall
submit to the PD a copy of the site/grading plan that identifies areas to be monitored.
o CR-2b The qualified archaeologist shall be present full-time during grading/
excavation of native soils with the potential to contain buried cultural features or deposits and shall
document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline,
laterals, services and all other appurtenances that impact native soils 1 foot deeper than existing as
detailed on the plans or in the contract documents. It is the construction manager's responsibility to
keep the archaeological monitors up-to-date with current plans.
o CR-2c In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor
is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area
of the discovery to allow for preliminary evaluation of potentially significant archaeological resources.
The PI shall also immediately notify the construction manager and the PD of such findings at the time
ofdiscovery.
• CR-2c(l) The significance of the discovered resources shall be assessed by the PI. For
significant archaeological resources, a Research Design and Data Recovery Program shall be
prepared and implemented by the qualified archaeologist. The results of the Research Design
and Data Recovery Program shall be approved by the City before ground-disturbing activities
in the area ofdiscovery shall be allowed to resume.
o CR-2d If human remains are discovered, work shall halt in that area and procedures set forth in the
California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5)
shall be implemented. Construction in that area shall not resume until the remains have, been
evaluated and conveyed to appropriate descendants or reinlerred to the satisfaction of the PI.
o CR-2e The archaeologist shall notify the PD, in writing, of the end date of monitoring. The
archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned,
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2005-2010 Housing Element
• catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from
' the curation institution has been submitted to the Planning Department; that all artifacts are analyzed
to identify function and chronology as they relate to the history of the area; that faunal material is
identified as to species; and that specialty studies are completed, as appropriate.
o CR-2f: Within 3 months following the completion of monitoring, the Draft Results Report (even if
negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions
of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD
for approval. For significant archaeological resources encountered during monitoring, the Research
Design and Data Recovery Program shall be included as part of the Draft Results Report The
qualified archaeologist shall be responsible for recording (on the appropriate State of California'
Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant
resources encountered during the Archaeological Monitoring Program, and submitting such forms to-
me SCIC with the Final Results Report.
CR-3 The following paJeontological mitigation measures shall be implemented:
o CR-3a: Prior to .any grading of the project site, a paleontologist shall be retained to perform a
walkover survey of the site and to review the grading plans to determine if the proposed grading
will impact fossil resources.
o CR-3b A copy of the paleontologist's report shall be provided to the Planning Director before
construction. If the paleontologist's report finds the project will not significantly impact fossil
resources, this mitigation measure shall be considered fulfilled and no further effort to comply
with this measure shall be required.
o CR-3c A qualified paleontologist shall be retained to perform periodic inspections of the site and
to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic
strata, it may be necessary to collect matrix-samples for laboratory processing through fine
screens. - •''
o CR-3d The paleontologist shall make periodic reports to the Planning Director during the
grading process.
o CR-3e The paleontologist shall be allowed to divert or direct grading in the area of an exposed
fossil in order to facilitate evaluation and, if necessary, salvage artifacts.
o CR-3f All fossils collected may be donated to a public, nonprofit institution with a research
interest in the materials, such as the San Diego Natural History Museum.
o CR-3g Any conflicts regarding the role of the paleontologist and the grading activities of the
project shall be resolved by the Planning Director and City Engineer.
Geology and Soils
GS-l A site-specific geotechnical investigation shall be prepared to address geotechnical considerations
related to future housing development facilitated by the Draft Housing Element, specifically project
components that would involve excavation, grading, or construction of new structures. The report shall
contain all necessary requirements to address any adverse soils conditions that may be encountered in final
design of a project. The applicant shall be required to adhere to all such requirements. The report shall
include a discussion of site-specific geology, soils, and foundational issues; a seismic hazards analysis to
determine the potential for strong ground acceleration and ground shaking; potential groundwater issues;
and structural design recommendations. The soil engineer and engineering geologist shall review the
grading plans for adequate incorporation of recommended measures prior to finalization. •
GS-2 All future projects shall be designed and constructed in conformance to the Uniform Building
Code, current seismic design specifications of the Structural Engineering Association of California, and
other regulatory requirements.
GS-3 Prior to issuance of a grading permit, the applicant shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) to demonstrate
49 Rev. 12/13/07 ^
. I • GPA 03-02
2005-2010 Housing Element
that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Stormwater
Mitigation Plan (SUSMP), General Construction Stormwater Permit, and the General Municipal
Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best
Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion
control requirements.
• GS-4 All applicable federal, state and local permits regarding drainage shall be obtained. Such permits
include the General Construction Stormwater Permit from the Regional Water Quality Control Board.
• ( GS-5 Future development shall comply with the following requirements as applicable:
o Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance
with the City's grading and erosion control requirements (Municipal Code § 15.16 etseq.). The
locations of all erosion control devices shall be noted on plans included in the SWPPP.
o All grading permits issued authorizing grading during the rainy season (October 1 of any year to~
April 30th of the following year), shall require the installation of all erosion and sedimentation
control protective measures in accordance with city standards. Erosion and runoff control
measures shall be designed and bonded prior to approval of grading permits by the City.
o All permanent slopes shall be planted with erosion control vegetation, drained and properly-
maintained to reduce erosion within 30 days of completion of grading. Erosion control and
drainage devices shall be installed in compliance with the requirements of the City.
o All erosion and sedimentation control protective measures shall be maintained in good working
order through out the duration of the rainy season unless it can be demonstrated to the City
Engineer that their removal at an earlier date will not result in any unnecessary erosion of or
sedimentation on public or private properties.
Hazards and Hazardous Materials •
• HM-1 Prior to approval of discretionary permits for projects within (1) an existing or former agricultural
area, or (2) an area believed to have contaminated soils due to historic use, handling, or storage of
hazardous materials, a detailed soils testing and analysis report shall be prepared by a registered soils
engineer, and submitted to the City and the San Diego County Department of Environmental Health (DEH)
for approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or
storage of chemicals and materials restricted by the DEH. The report shall also identify a range of possible
mitigation measures to remediate any significant public health impacts if hazardous chemicals are detected
at concentrations in the soil which would have a significantly adverse effect on human health.
• HM-2 If use of agricultural chemicals within an existing agricultural operation has the potential to
adversely impact a proposed residential development on an adjacent parcel, mitigation measures including
but not limited to physical barriers and/or separation between the uses shall be considered.
• HM-3 Prior to approval of any permits for uses such as emergency shelters and farm worker housing
within the City's industrial zones, the applicant shall obtain clearances from federal, state, and local
agencies as necessary to ensure such uses are not exposed to significant hazards due to the routine
transport, use or' disposal of hazardous materials' or through reasonable foreseeable upset and accident
conditions involving the release of hazardous materials into the environment,
• HM-4 All trash and debris within project sites shall be disposed of off-site in accordance with current,
local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an
. experienced environmental consultant prior to removal.
• HM-5 Before beginning demolition or renovation activities, the interior of individual onsite structures
shall be visually inspected. Should hazardous materials be encountered, the materials shall be tested and
properly disposed of offsite in accordance with state and federal regulatory requirements. Any stained soils
or surfaces underneath the removed materials shall be sampled. Results of the sampling would indicate the
appropriate level of remediation efforts that may be required.
50 Rev. 12/13/07 34
GPA 03-02
2005-2010 Housing Element
• HM-6 - Before beginning any remedial or demolition work, building owners shall contract with a certified
professional to conduct an asbestos survey, consistent with National Emission Standards for hazardous Air
Pollutants (NESHAP) standards to determine the presence of asbestos containing materials. Demolition of
or within existing buildings on individual parcels onsite must comply with State law, which requires a
certified contractor where there is asbestos-related work involving 100 square feet or more or such
materials to ensure that certain procedures regarding the removal of asbestos are followed.
• HM-7 Before the issuance of a grading permit, all miscellaneous debris (i.e., wood, concrete, storage
drums, and automobiles) shall be removed ofrsite and properly disposed of at an approved landfill facility.
Once removed, a visual inspection of the areas beneath the removed materials shall be performed. Any
stained soils observed underneath the removed materials shall be sampled. Results of the sampling would
indicate the appropriate level of remediation efforts that may be required.
• HM-8 If unknown wastes or suspect materials are discovered during construction on individual
properties that are believed to involve hazardous waste/materials, the contractor shall:
o Immediately stop work in the vicinity of the suspected contaminant, removing workers and the
public from the area;
o Notify the project engineer of the City of Carlsbad;
o Secure the areas as directed by the proj ect engineer, and;
o Notify the City's hazardous waste/materials coordinator.
• HM-9 When applications are submitted to the City of Carlsbad Planning Department to redesignate the
land use of a property or propose development or redevelopment, disclosure of inclusion on the Cortese
List (Government Code Section 65962.5) shall be required. If an application is for property included on the
Cortese List, the applicant shall provide evidence that describes the required, remediation process, through
text and graphics, and (1) demonstrates compliance is occurring or has occurred with all applicable federal,
state, and local regulations; {2) describes all necessary actions and approvals to remediate the property and
includes evidence of any approvals so far obtained; (3) describes the estimated remediation timeframe,
current status, and any monitoring required during and following remediation; (4) discusses any restrictions
on use of the property upon reclamation completion; (5) includes all other required information as deemed
necessary by the City, DEH,- and other agencies having regulatory authority with regards to remediation of
the site.
Hydrology and Water Quality
• WQ-l Prior to issuance of a grading permit, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to
demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard
Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No. 99-08,
NPDES CAS000002), and the General Municipal Stormwater Permit (Order R9-2007- 0001, NPDES
CASO108758). The applicant shall be responsible for monitoring and maintaining the BMP erosion control
measures identified below on a weekly basis in accordance with the City's grading and erosion control
requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be
noted on the grading plans. BMPs that shall be installed include, but are not limited to, the following:
o Silt fence, fiber rolls, or gravel bag berms
o Check dams
o Street sweeping and vacuuming
o Storm drain inlet protection
o Stabilized construction entrance/exit
o Hydroseed, soil binders, or straw mulch
o Containment of material delivery and storage areas
o Stockpile management
o Spill prevention and control
o Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil
o Concrete waste management
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GPA 03-02
2005-2010 Housing Element
WQ-2a. Prior to issuance of grading permits or approvals for any public or private right-of-way
improvements or site development plans, the developer shall prepare and submit for review and approval
by the City of Carlsbad City Engineer, a stormwater management plan that demonstrate that pollutants
will be controlled through compliance with the City of Carlsbad SUSMP and Stormwater Management
Program (SWMP). Approval of such plans shall be subject to a determination by the Carlsbad City
Engineer that the proposed project has incorporated post-development water quality pollution control site
design BMPs, source control BMPs, and numerically-sized treatment control BMPs such as those
identified below into the project design to the maximum extent practicable:
o street sweeping
o inlet basin labeling
o Filtering bioretention units
o Pervious pavement
o Vegetated swales . _
o Detention/infiltration basins
o Covered trash enclosures
WQ-2b. Projects shall be required to show compliance with the applicable hydromodification provisions
of Order R9-2007-000.1 and to show they are designed so that postproject runoff flow rates and directions
do not exceed pre-project runoff flow rates and directions for applicable design storms. Projects shall
incorporate LID design techniques to reduce the amount of runoff by .mimicking the natural hydrologic
function of the site by preserving natural open spaces and natural drainage channels, minimizing
impervious surfaces, and promoting infiltration and evapotranspiration of runoff before runoff leaves the
site. LJD techniques include, but are not limited to:
o Vegetated buffer strips
o Vegetated bio swales • •
o Rain gardens' ,. • - • • '
o Porous pavements
o Bioretention areas
o Vegetated roofs
o Stormwater planter boxes
o Infiltration trenches
o Dry wells
WQ-3 In conjunction with the sale, rental or lease of a residence or business property, all prospective
owners and tenants shall be notified,in writing through Covenants, Conditions, and Restrictions (CC&Rs)
that they shall:
o Establish or work with established disposal programs for the removal and proper disposal of toxic
and hazardous waste products,
o Not discharge or cause to be discharged any toxic chemicals or hydrocarbon compounds, such as
gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such
fluids,, into any public or private street or into any storm drain or storm drain conveyance,
o Use and/or dispose of all pesticides, fungicides, herbicides, insecticides, fertilizers, and other such
chemical treatments in accordance with federal, State, County, arid City requirements as prescribed
on their respective containers.
o Employ BMPs to eliminate or reduce surface pollutants when planning any changes to the
landscaping and/or surface improvements. Developer shall establish a homeowner's association
and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval.
o Prior to issuance of a building permit, the Developer shall provide the Planning Department with a
recorded copy of the official CC&Rs that have been approved by the California Department of
Real Estate and the Planning Director.
WQ-4 As required by the City Engineer, a hydrology report to assess impacts relating to drainage and
stormwater runoff shall be prepared. The report shall demonstrate compliance with current applicable
52 Rev. 12/13/07
GPA 03-02
2005-2010 Housing Element
hydromodification standards and demonstrate adequate capacity in downstream storm drain facilities, or
shall demonstrate no increase in runoff peak flows through onsite detention.
WQ-5 Proposed development shall comply with all applicable requirements of Chapter 21.110,
Floodplain Management Regulations, of the Zoning Ordinance. This shall include preparation of all
applicable studies and reports, including those required by other agencies, such as FEMA, as directed by the
City Engineer. ,
WQ-6 Proposed development shall be subject to compliance with mitigation measures GS-1 and GS-2,
which require preparation of site-specific geotecnnical investigations and compliance with Uniform
Building Code and other structural regulations.
Noise
N-l A noise study shall be submitted with all discretionary applications for residential projects of five
or more dwelling units located within or 500-feet beyond the 60 dBA CNEL noise contour lines as shown
on Map 2: Future Noise Contour Map in the Noise Element of the General Plan. This noise study shall
identify design features such as noise attenuation walls and mechanical building ventilation necessary to
enforce the City policy that 60 dBA CNEL is the exterior noise level (65 dBA if subject to noise from
McCIellan-Palomar Airport) and 45 dBA CNEL is the interior noise level to which all residential units shall
be mitigated.
N-2 To minimize noise impacts, project design techniques shall be used during any discretionary
review of a residential or other noise sensitive project to shield noise sensitive areas from a noise source.
This can be done, for example, by increasing the distance between the noise source and the receiver;
placing non-noise sensitive uses such as parking areas, maintenance facilities,' and utility areas between the
source and the receiver; using non-sensitive structures, such, as a garage, to sh'i.eld noise sensitive areas; and,
orienting buildings Jo shield:6utdoor spaces from a noise source.
N-3 As applicable, future residential development shall comply with the policies of. the City of
Carlsbad General Plan Noise Element and City of Carlsbad Noise Guidelines Manual.
N-4 As applicable, future residential development shall comply with the following requirements;
o Heavy equipment shall be repaired at sites as far as practical from nearby residences and occupied
sensitive habitats.
o Construction equipment, including vehicles, generators, and compressors, shall be maintained in
proper operating condition and shall be equipped with manufacturers' standard noise control
devices or better (e.g., mufflers, acoustical lagging, and/or engine enclosures).
o The City's noise ordinance (Municipal Code Section 8.48.010) limits the hours of construction to
between 7 a.m. and sunset on weekdays and 8 a.m. to sunset on Saturdays. Construction is
prohibited on Sundays and holidays.- The City Manager may grant an exception for night work
during the night, Sundays, and holidays if the construction is in a nonresidential zone and there are
no inhabited dwellings within 1,000 feet of the construction site.
o Electrical power shall be provided from commercial power supply, wherever feasible, to avoid or
minimize the use of engine-driven generators.
o Staging areas for construction equipment shall be located as far as practicable from residences and
sensitive habitats.
o Operating equipment shall be designed to comply with all applicable iocal, state, and federal noise
regulations.
o Noise attenuation walls/buffers shall be used to shield sensitive noise receptors from construction-
generated noise greater than 75 dBA within 50 feet of sensitive receptors.
o If lighted traffic control devices are to be located within 500 feet of residences, the devices shall be
powered by batteries, solar power, or similar sources, and not by an internal combustion engine.
53 ' Rev. 12/13/07
: (. GPA 03-02
2005-2010 Housing Element
• N-5 Refer to Mitigation Measure Biological Resources BR-4, which will reduce potential construction
noise impacts to sensitive bird species, migratory birds, or raptors to below a level of significance.
• N-6 Future development shall comply with the following requirements as applicable:
o Prior to the recordation of the first final (tract/parcel) map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property is subject
to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form
meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in
the Planning Department).
o Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development. The number and locations of said signs shall be approved by the
Planning Director (see Noise Form #3 on file in the Planning Department).
Public Services
• PS-1 Prior to approval of the first tract map or building permit in Zone 25, a Local Facility Management
Plan shall be prepared and adopted by the City Council for Zone 25. Consistent with the Carlsbad Growth
Management Plan and its performance standards for public facilities, this plan shall show how and when-
the following facilities will be provided: Sewer systems, water, drainage, circulation, fire facilities,
schools, libraries, city-administrative facilities, parks and open space.. This plan shall also include an
inventory of present and future requirements for each public facility, a phasing schedule establishing the
timing for provision of each facility, and a financing plan for funding the necessary facilities.
Transportation/Traffic
• T-l Require new development to provide a traffic analysis report, as/applicable, according to City
standards and as may be required by the City Engineer."This report shall evaluate project specific traffic
impacts and identify mitigation for impacts.
• T-2 Require new development to comply with the adopted (September 23,1986) Growth Management
performance standards for circulation facilities, which ensures future development will not exceed the
traffic load and capacity of the City's street system and intersections.
• T-3 Developers shall make applicable fair share contributions through the Traffic Impact Fee (TIF)
program toward traffic improvements, to the satisfaction of the Carlsbad Engineering Department.
• T-4 For projects that may potentially impact the circulation networks of adjacent jurisdictions, the City
shall coordinate the project's environmental review with these jurisdictions to determine the need for any
mitigation of the potential impacts.
• T-5 Require new development to provide pedestrian and bicycle linkages, when feasible, which
connect to nearby community centers, commercial developments, parks, schools, points of interest, major
transportation corridors and the Carlsbad Trail System.
• T-6 For development proposed adjacent to or near the North County Transit District railroad right of
way, traffic analysis reports required by mitigation measure T-l shall address any traffic increase impacts
over affected rail crossings and associated mitigation measures, if any, to the satisfaction of the City •
Engineer,
Utilities and Service Systems
• USS-l Prior to issuance of a grading permit, the applicant shall prepare and submit for review and
approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to
demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard
Urban Storrnwater Mitigation Plan (SUSMP), General Construction Stormwater Permit, and the General
Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best
Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion
control requirements.
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GPA 03-02
2005-2010 Housing Element
APPLICANT CONCURRENCE WITH MITIGATION .MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR
WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
(Not applicable)
Date Signature
55 Rev. 12/13/07
Page 1 of 23
PROJECT NAME: Draft 2005-2QlOJjousinq Element
APPROVAL DATE: May 26. 2009
FILE NUMBERS: GPA 03-02
The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate
identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that
this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly
Bill 3180 (Public Resources Code Section 21081.6).
• A-1 As applicable, all future development projects in
the City shall comply with the following requirements:
o Carlsbad Municipal Code Title 21 .53 and California
Environmental Quality Act - Preservation of steep slopes (40%
or greater) and other environmentally constrained areas (i.e.,
wetlands and floodways).
o The open space and sensitive habitat preservation
requirements of the City of Carlsbad Habitat Management Plan.
o El Camino Real Corridor Development Standards.
o Hillside Development Ordinance (contour/landform grading,
screening graded slopes, landscape buffers, reduction of slope
heights and grading, sensitive hillside architecture).
o Planned Development Ordinance and Design Guidelines
Manual.
o Landscape Guidelines Manual
o City Council Policy No. 44 - Architectural Guidelines for the
Development of Livable Communities.
o City Council Policy No. 66 - Principles for the Development of
Livable Neighborhoods
o Growth Management Ordinance - Requirement for 15%
performance standards open space
o Zoning Regulations (i.e., setback, coverage, signage, and
height, etc.)
o City of Carlsbad Local Coastal Program
Spiels
Project
-,
.
Planning
I
,
-
of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans - When mitigation measure is shown on plans, this column will be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing miligation measure, or tor other information. '
Page 2 of 23
ami
Slmplemehtationl
A-2 As applicable, all future development projects in
the City shall comply with the following General Plan policies:
o Arrange land use so that they preserve community identity and
are orderly, functionally efficient, healthful, convenient to the
public and aesthetically pleasing. {Land Use Element, Overall
Land Use Pattern, C.1)
o Ensure that the review of future projects places a high priority
on the compatibility of adjacent land uses. (Land Use Element,
Overall Land Use Pattern, C.2)
o Review the architecture of buildings with a focus on ensuring
the quality and integrity of design and enhancement of the
character of each neighborhood. (Land Use Element, Overall
Land Use Pattern, C.6)
o Ensure that grading for building pads and roadways is
accomplished in a manner that maintains the appearance of
natural hillsides (Land Use Element, Environmental, C.3)
Project Planning,
Engineering
A-3 As applicable, developers shall submit and obtain
Planning Director approval of an exterior lighting plan,
including parking areas, recreation areas and other
applicable components of residential projects. All lighting
shall be designed to reflect downward and avoid any impacts
on adjacent homes or property. For any lighting adjacent to
or within 100 feet of open space and sensitive habitat areas,
the lighting plan shall demonstrate compliance with the
Adjacency Standards of the Carlsbad Habitat Management
Plan.
Project Planning
A-4 Construction lighting shall be shielded or directed
away from adjacent residences and sensitive receptors to
light, including sensitive habitats.
Project Planning,
Building,
Engineering/P
ublic Works
A-5 All projects adjacent to open space and sensitive
habitat areas shall comply with the lighting recommendations
found in the Adjacency Standards of the Carlsbad Habitat
Management Plan, including the following:
Planning
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
("NShown on Plans = When mitigation measure is shown on plans, this column will be Initialed and dated.
—^-Verified Implementation - When mitigation measure has been implemented, this column will be initialed and dated.
•—Remarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 3 of 23
Eliminate lighting in or adjacent to the preserve areas except
where essential for roadway, facility use and safety and
security purposes.
Use low pressure sodium illumination sources. Do not use low
voltage outdoor or trail lighting, spot lights, or bug lights. Shield
light sources adjacent to the preserve so that the lighting is
focused downward.
Avoid excessive lighting in developments adjacent to linkages
through appropriate placement and shielding of light sources.
AR-1 Within, the Coastal Zone, projects that would convert
farmland must comply with the agricultural conversion
requirements of the Local Coastal Program.
Project Planning
AR-2 For any project that would convert Prime Farmland,
Unique Farmland, or Farmland of Statewide Importance, a
California Agricultural Land Evaluation and Site Assessment
(LESA) Model Analysis must be prepared lo identify potential
impacts to important agricultural lands
Project Planning
AQ-1 Future development 'shall comply with the following
requirements as applicable:
o Water or dust control agents shall be applied to active grading
areas, unpaved surfaces, and dirt stockpiles as necessary to
prevent or suppress particulate matter from becoming airborne.
All soil lo be stockpiled over 30 days shall be protected with a
secure tarp or tackifiers to prevent windblown dust.
o Spoil or demolition material in each truckload shall be kept low
enough to prevent spillage and shall be sufficiently wetted
down or covered with a secure tarp to prevent dust generation
during transport.
o Grading and other soil handling operations shall be suspended
when wind gusts exceed 25 miles per hour. The construction
supervisor shall have a hand-held anemometer for evaluating
wind speed.
o Dirt and debris spilled onto paved surfaces at the project site
Project Planning,
Building,
Engineering
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure.
_\y Shown on Plans = When mitigation measure is shown on plans, (his column will be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column will be Initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 4 of 23
and on the adjacent roadway shall be swept or vacuumed and
disposed of at the end of each workday to reduce resuspension
of particulate matter caused by vehicle movement.
o Vegetation disturbed by construction or maintenance activity
shall be revegetated upon completion of work in the area,
where appropriate.
o Electrical power shall be provided from commercial power
supply wherever feasible, to avoid or minimize the use of
engine-driven generators.
o Air filters on construction equipment engines shall be
maintained in clean condition according to manufacturers'
specifications.
o The construction contractor shall comply with the approved
traffic control plan to reduce non-project traffic congestion
impacts. Methods to reduce construction interference with
existing traffic and the prevention of truck queuing around local
sensitive receptors shall be incorporated into this plan.
o Trucks and equipment shall not idle for more than 15 minutes
when not in service.
BR-1 Projects with the potential to impact sensitive biological
species and habitats, as determined by the City, shall comply with
the California Environmental Quality Act (CEQA), California
Coastal Act, the Multiple Habitat Conservation Program (MHCP),
the HMP and other applicable documents including but not limited
to those identified in subsection 5.1, Regulatory Context, of the
City's "Guidelines for Biological Studies," dated May 29, 2008, and
as may be amended from time to time
Project,Planning
BR-2 For projects with the potential to impact sensitive
biological species and habitats, as determined by the City, a biology
resources technical report (BTR) shall be prepared. The BTR shall
provide the necessary information to establish the current status of
biological resources within a project footprint, ah analysis of potential
project impacts, and mitigation measures that should be
implemented to reduce the impacts to below a level of significance.
The format and content of the BTR shall be similar to report
Project Planning
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure.
r\Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.
""Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
* Remarks = Area for describing status of ongoing mitigation measure, or for other information.
O
standards outlined in the City's "Guidelines for Biological Studies,
dated May 29, 2008, and as may be amended from time to time.
Future project level environmental review that would impact
biological resources would be provided to the Wildlife Agencies for
review to verify consistency with the City's HMP.
BR-3 Implementation of the mitigation measures BR-3a
through BR-3d would be required for projects that would impact
sensitive HMP habitats and would reduce direct and cumulative
impacts to below a level of significance. Note that the descriptions of
Type A through F habitats are per Table 11 of the HMP. Avoidance
and on-site mitigation are the priority.
o BR-3a For impacts to Type A habitats (coastal salt marsh,
alkali marsh, freshwater marsh, estuarine, salt pan/mudflats,
riparian forest, riparian woodland, riparian scrub, disturbed
wetlands, flood channel, fresh water, Engelmann oak
woodland, coast live oak woodland) a goal of no net loss of
habitat value or function shall be met. Habitat replacement
ratios and the specific location of mitigation lands shall be
determined in consultation with the USFWS, USAGE, and
CDFG as appropriate in accordance with the requirements of
the federal CWA, federal wetland policies, and the California
Fish and Game Code. All mitigation lands for impacts to
riparian and wetland habitats shall be in the City or MHCP plan
area, at a ratio to be determined by the applicable resource
agencies at the time of project permitting.
o Bio-3b Impacts to Type B habitats (beach, southern coastal
bluff scrub, maritime succulent scrub, southern maritime
chaparral, native grass) shall be mitigated at a 3:1 ratio, or at
an appropriate ratio based on habitat quality and quantity as
determined in coordination with the applicable resource
agencies at the time of project permitting.
o Bio-3c Impacts to Type C habitats (California gnatcatcher-
occupied coastal sage scrub) shall be mitigated at a 2:1 ratio,
or at an appropriate ratio based on habitat quality and quantity
as determined in coordination with the applicable resource
Project Planning
Jd
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other information.
agencies at the time of project permitting.
BR-3d Impacts to Type D (unoccupied coastal sage scrub,
coastal sage/chaparral mix, chaparral), Type E (annual,
nonnative grassland), and Type F (disturbed lands, eucalyptus,
agricultural lands) habitats are subject to the fee payment if not
conserved or mitigated onsite.
BR-4 Construction activities, including clearing and grubbing,
in or adjacent to habitat occupied associated with sensitive
species, migratory birds, or raptors, shall be generally prohibited
during the bird breeding season (February 15- September 15). If
construction activities cannot be avoided during this time the
following measures shall be taken:
o BR-4a A qualified biologist shall conduct a focused species
gnatcatcher survey in appropriate habitat within and
surrounding the project areas. The surveys will consist of three
visits, one week apart; the last of these shall be conducted no
more than three days prior to construction.
o BR-4b Surveys shall also be conducted by a qualified biologist
in appropriate habitat for nesting raptors and migratory birds
(including, but not limited to, the least Bell's vireo) within three
days of construction.
o BR-4c If nests of sensitive species, migratory birds, or raptors
are located, the project applicant shall receive confirmation
from the biologist that construction may proceed or continue
and implement any necessary mitigation measures.
o BR-4d During the breeding season, construction noise shall be
measured regularly to maintain a threshold at or below 60 dBA
hourly Leq within 300 feet of breeding habitat occupied by
listed species. If noise levels superseded the threshold, the
construction array will be changed or noise attenuation
measures will be implemented.
Project Planning
BR-5 Where required, protocol-level surveys will be
conducted for sensitive plant or wildlife species prior to
construction, as determined by the Wildlife Agencies.
Project Planning
Explanation of Headinns:
Type = Project, ongoing, cumulative.
Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure.
pShown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.
__VVerified Implementation - When mitigation measure has been implemented, this column will be initialed and dated.
i ^Remarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 7 of 23
BR-6 For projects that would result in the loss of sensitive
habitats within the Coastal Zone, mitigation shall be required at
ratios consistent with requirements of the HMP, including
Standards 7-1 through 7-14 of Section D, and the policies and
provisions of the LCP.
Project Planning
BR-7 Mitigation ratios shall be consistent with the provisions
of the HMP and Local Coastal Program. For all projects affecting
riparian and wetland habitat, habitat replacement ratios and the
specific location of mitigation lands shall be determined in
consultation with the USFWS, USACE, and CDFG as appropriate
in accordance with the requirements of the federal CWA, federal
wetland policies, and the California Fish and Game Code. For
projects with unavoidable impacts, the City shall demonstrate that
viable wetlands can either be: 1) created at a minimum ratio of 1:1
within close proximity of the impact area to replace the wildlife
function affected by the project; or, 2) provide proof that wetland
creation credits at a minimum ratio of 1:1 have been purchased at
a Wildlife Agency approved bank. Consistent with the City's HMP,
higher ratios will be required for impacts to high quality wetlands
(e.g., occupied by listed or otherwise sensitive species) and for
wetlands within the Coastal Zone. For projects where wetland
creation will be necessary, construction shall not be initiated until a
viable wetland creation mitigation site with long-term value is
identified and the wetland mitigation plan is approved by the
appropriate Resource Agencies. The wetland creation shall not
require impacts to sensitive wildlife or vegetation communities. All
mitigation lands for impacts to riparian and wetland habitats shall
be in the City or MHCP plan area as deemed appropriate by the
Wildlife Agencies.
Project Planning
BR-8 As needed, surveys for state and federally listed
sensitive plant species shall be conducted to complete a
determination of suitable habitat presence prior to issuance of any
discretionary permits by the City. Surveys shall be conducted at a
time when sensitive plant species would be most observable.
Project Planning
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, (his column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for olher information.
Page 8 of 23
ft^-VerifieH^jj*-*->'f3$^MUy^$yM;
BR-9 At the project design stage for projects located within key
Core Areas and linkages, design measures and restoration efforts
shall be required to maintain the viability of the wildlife corridors
throughout Carlsbad.
Project Planning
BR-10 Projects shall comply with the Adjacency Standards
outlined in Section F., pp. 4-16 to F-24 of the HMP.
Project Planning,
Engineering
BR-11 During clearing, grading, and other construction activities,
ensure that proper irrigation and stormwater runoff mitigation
measures are employed to reduce sediment loads and to prevent
contamination from 'pesticides, fertilizers, petroleum products, and
other toxic substances. Fugitive dust shall also be avoided and
minimized through watering and other appropriate measures.
Project Planning,
Engineering
CR-1 The following mitigation measures will be required if a
project is located in an undeveloped area that could potentially
impact significant cultural deposits.
o CR-1 a Preconstruction Requirements - Prior to the start of
construction, a pedestrian survey shall be conducted under the
supervision of a qualified archaeologist for previously
undisturbed areas that have not been surveyed or adequately
surveyed (e.g., the area was surveyed with outdated or non-
protocol methods). The survey shall be conducted in parallel
linear transects spaced no farther than 10 meters apart in
undeveloped areas.
• CR-1a(1) Cultural resources, if found during the survey,
shall be photographed, mapped using a global positioning
system (GPS), and recorded on the appropriate California
Department of Parks and Recreation forms (DPR Form
523A/B). The forms shall be submitted to the SCIC for the
assignment of Primary numbers within 1 week of the survey.
• CR-1a(2) Within 1 month of completion of the field survey, a
draft letter report or technical report shall be submitted to the
City for review, whether the survey is negative or positive. A
final report shall be submitted within 6 weeks of receipt of the
City's comments, with a copy submitted to the SCIC for their
Project Planning
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
o>Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated,
"l Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
•—I Remarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 9 of 23
:^r:K?3P4^^^
files.
o CR-1b If the pedestrian survey is positive, the qualified
archaeologist shall conduct an updated archival search, if
needed, as well as additional detailed field testing. Local Native
American groups shall be contacted for testing of prehistoric
cultural resources regarding the project. Where applicable, the
City will execute a Pre-Excavation Agreement with the
appropriate Native American groups.
« CR-1b(1) Prior to the start of field testing, surface artifacts
and/or features shall be marked and mapped using a GPS.
Testing shall be required if surface artifacts are discovered,
and shall include a program of 30-cm-diameter shovel test
pits (STPs) to define site boundaries and identify the potential
for a substantial subsurface deposit.
• CR-1b(2) Based on the results of the STPs, additional
measures such as Test Excavation Units or mechanical
trenching (for substantial historic sites) would be placed in
areas with the potential for a substantial subsurface deposit,
as determined by the qualified archeologist.
• CR-1 b(3) All excavated soils shall be screened through 1/8-
inch mesh hardware cloth. On completion of the project the
artifact collection, along with copies of the catalogs and the
technical report, shall be permanently curated at the
San Diego Archaeological Center. An updated site record
shall be prepared and submitted to the SCIC.
• CR-1b(4) Within 3 months of completion of the fieldwork, a
draft technical report including evaluations and
recommendations shall be prepared and submitted. The final
technical report shall be submitted within 6 weeks of receipt
of the City's comments.
• CR-2 Monitoring Requirements - Construction monitoring will
be required for projects that involve excavation or grading within
undisturbed native soils and could potentially impact subsurface
cultural deposits.
^Monitoring*1
>-!v?*v±>-~rl~r;AJ?f?-'^feJypesMg;
1
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Project
Wiipiip!(3?f Department^
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Planning,
Engineering
i?Srjbwh:bi®'vfe.i'^j'-SWi-.-.SS^'-sft^PlansWfe
Itpyerifie'dt^*••'V '.sf* ,'- ':fri'-)"-W-.j ,-J!«ft(S•^Implementation':
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r-k
- -*
ExolanatiojlofHeadi nqs:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure is shown on plans, this column will be Initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 10 of 23
o CR-2a Prior to the first preconstruction meeting for the project,
the Planning Director (PD) shall verify that the requirements for
archaeological monitoring and Native American monitoring, if
applicable, have been noted on the appropriate construction
documents. The applicant shall retain a qualified archaeologist to
verify that a records search has been completed and updated, as
necessary, and to implement the monitoring program. At the
preconstruction meeting, the archaeologist shall submit to the PD
a copy of the site/grading plan that identifies areas to be
monitored.
o CR-2b The qualified archaeologist shall be present full-time
during grading/
excavation of native soils with the potential to contain buried
cultural features or deposits and shall document activity via the
Consultant Monitor Record. Monitoring of trenches shall include
mainline, laterals, services and all' other appurtenances that
impact native soils 1 foot deeper than existing as detailed on the
plans or in the contract documents. It is the construction
manager's responsibility to keep the archaeological monitors up-
to-date with current plans.
o CR-2c In the event of a discovery, the archaeologist, or the
Principal Investigator (PI) if the monitor is not qualified as a PI,
shall divert, direct, or temporarily halt ground-disturbing activities
in the area of the discovery to allow for preliminary evaluation of
potentially significant archaeological resources. The PI shall also
immediately notify the construction manager and the PD of such
findings at the time of discovery.
- CR-2c(1)The significance of the discovered resources shall
be assessed by the PI. For significant archaeological
resources, a Research Design and Data Recovery Program
shall be prepared and implemented by the qualified
archaeologist. The results of the Research Design and Data
Recovery Program shall be approved by the City before
ground-disturbing activities in the area of discovery shall be
allowed to resume.
o CR-2d If human remains are discovered, work shall halt
1
.
• • " • *
!
SRilarls1!®"dmple^r)IriStio'rf;t'
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Qphown on Plans - When mitigation measure is shown on plans, (his column will be initialed and da'led.
"T^erified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
—-'•Remarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 1 1 of 23
?^;S^'Sfe^S;fi?.S^^
in that area and procedures set forth in the California
Public Resources Code (Sec. 5097.98) and State Health-
and Safety Code (Sec. 7050.5) shall be implemented.
Construction in that area shall not resume until the
remains have been evaluated and conveyed to
appropriate descendants or reinterred to the satisfaction
of the P).
o CR-2e The archaeologist shall notify the PD, in writing, of
the end date of monitoring. The archaeologist shall be
responsible for ensuring that aft cultural remains collected
are cleaned, catalogued, and permanently curated with
an appropriate institution; that a letter of acceptance from
the curation institution has been submitted to the
Planning Department; that all artifacts are analyzed to
identify function and chronology as they relate to the
history of the area; that faunal material is identified as to
species; and that specialty studies are completed, as
appropriate.
o CR-2f: Within 3 months following the completion of
monitoring, the Draft Results Report (even if negative)
and/or evaluation report, if applicable, which describes
the results, analysis, and conclusions of the
Archaeological Monitoring Program (with appropriate
graphics) shall be submitted to the PD for approval. For
significant archaeological resources encountered during
monitoring, the Research Design and Data Recovery
Program shall be included as part of the Draft Results
Report. The qualified archaeologist shall be responsible
for recording (on the appropriate State of California
Department of Park and Recreation forms-DPR 523 A/B)
any significant or potentially significant resources
encountered during the Archaeological Monitoring
Program, and submitting such forms to the SCIC with the
Final Results Report.
SiyibnilbririaJj;
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. •" \ -
fg;Mpriitiqfirig|:£|*fl1KB!f*JW:-T«Kw5Jii»l;•^.Department-*
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?$p&VeYifie'd;fp?:
rfeKWIVH^WiwivA.; Implementations fs^f^rriiarftsl|;
•sh:S*'.«vVrt.-.i;:v:^S.:'-
-
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept.
O Shown or» Plans
• Department, or Agency, responsible for monitoring a particular mitigation measure.
When mitigation measure is shown on plans, this column win be initialed and da'led.
Verified Implementation « When mitigation measure has been Implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other Information.
Page 12 of 23
IrnplefDentation'1;
CR-3 The following paleontological mitigation measures shall
be implemented:
o CR-3a: Prior to any grading of the project site, a paleontologist
shall- be retained to perform a walkover survey of the site and to
review the grading plans to determine if the proposed grading
will impact fossil resources.
o CR-3b A copy of the paleontologist's report shall be provided to
the Planning Director before construction. • If the
paleontologist's .report finds the project will not significantly
impact fossil resources, this mitigation measure shall be
considered fulfilled and no further effort to comply with this
measure shall be required.
o CR-3c A qualified paleontologist shall be retained tp perform
periodic inspections of the site and to salvage exposed fossils.
Due to the small nature of some of the fossils present in the
geologic strata, it may be necessary to collect matrix samples
for laboratory processing through fine screens.
o CR-3d The paleontologist shall make periodic reports to the
Planning Director during the grading process.
o CR-3e The paleontologist shall be allowed to divert or direct
grading in the area of an exposed fossil in order to facilitate
evaluation and, if necessary, salvage artifacts.
o CR-3f All fossils collected may be donated to a public,
nonprofit institution with a research interest in the materials,
such as the San Diego Natural History Museum.
o CR-3g Any conflicts regarding the role of the paleontologist
and the grading activities of the project shall be resolved by the
Planning Director and City Engineer.
Project Planning,
Engineering
GS-1 A site-specific geotechnical investigation shall be
prepared to address geotechnical considerations related to future
housing development facilitated by the Draft Housing Element,
specifically project components that would involve excavation,
grading, or construction of new structures. The report shall contain
all necessary requirements to address any adverse soils conditions
Project Planning,
Building,
Engineering
Explanation of Headings:
Type = Project, ongoing, cumuJalive.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.
Verified Implementation - When mitigation measure has been implemented, (his column will be initialed and dated.
-Remarks = Area lor describing status of ongoing mitigation measure, or for other information.
Page 13 of 23
-H&:ftMi^#g$te^51i*lAiW»i«ii^ii^PiS^^^^^»
that may be encountered in final design of a project. The applicant
shall be required to adhere to all such requirements. The report
shall include a discussion of site-specific geology, soils, and
foundational issues; a seismic hazards analysis to determine the
potential for strong ground acceleration and ground shaking;
potential groundwater issues; and structural design
recommendations. The soil engineer and engineering geologist
shall review the grading plans for adequate incorporation of
recommended measures prior to finalization.
• GS-2 All future projects shall be designed and constructed in
conformance to the Uniform Building Code, current, seismic design
specifications of the Structural Engineering Association of
California, and other regulatory requirements.
• GS-3 Prior to issuance of a grading permit, the applicant shall
prepare and submit for review and approval of the Carlsbad City
Engineer, a Storm Water Pollution Prevention Plan (SWPPP) to
demonstrate that pollutants will be controlled through compliance
with the City of Carlsbad Standard Urban Stormwater Mitigation
Plan (SUSMP), General Construction Stormwater Permit, and the
General Municipal Stormwater Permit. The applicant shall be
responsible for monitoring and maintaining the Best Management
Plan (BMP) erosion control measures in accordance with the City's
grading and erosion control requirements.
• GS-4 All applicable federal, state and local permits regarding
drainage shall be obtained. Such permits include the General
Construction Stormwater Permit from the Regional Water Quality
Control Board,
• GS-5 Future development shall comply with the following
requirements as applicable:
o Erosion control measures shall be provided to the satisfaction
of the City Engineer in accordance with the City's grading and
erosion control requirements (Municipal Code § 15.16 et.seq.).
The locations of all erosion control devices shall be noted on
plans included in the SWPPP.
Project
4
Project
Project
Project
|§Wlp|ii^irWpg;
^DlfwrtrnentS'
Planning,
Buifding,
Engineering
Planning,
Engineering,
Public Works
Engineering
Planning,
Engineering,
Public Works
«$S$J?ians'|ift ^Implementation*
O
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring 3 particular mitigation measpre.
Shown on Plans - When mitigation measure is shown on plans, this column will be initialed and da'ted.
Verified Implementation = When mitigalion measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other Information.
Page 14 of 23
All grading permits issued authorizing grading during the rainy
season (October 1 of any year to April 30IN of the following
year), shall require the installation of all erosion and
sedimentation control protective measures in accordance with
city standards. Erosion and runoff control measures shall be
designed and bonded prior to approval of grading permits by
the City.
All permanent slopes shall be planted with erosion control
vegetation, drained and properly maintained to reduce erosion
within 30 days of completion of grading. Erosion control and
drainage devices shall be installed in compliance with the
requirements of the City.
All erosion and sedimentation control protective measures shail
be maintained in good working order through out the duration
.of the rainy season unless it can be demonstrated to the City
Engineer that their removal at an earlier date will not result in
any unnecessary erosion of or sedimentation on public or
private properties.
HM-1 Prior to approval of discretionary permits for projects
within (1) an existing or former agricultural area, or (2) an area
believed to have contaminated soils due to historic use, handling,
or storage of hazardous materials, a detailed soils testing and
analysis report shall be prepared by a registered soils engineer,
and submitted to the City and the San Diego County Department of
Environmental Health (DEH) for approval. This report shall
evaluate the potential for soil contamination due to historic use,
handling, or storage of chemicals and materials restricted by the
DEH. The report shall also identify a range of possible mitigation
measures to remediate any significant public health impacts if
hazardous chemicals are detected at concentrations in the soil
which would have a significantly adverse effect on human health.
Project Planning,
Engineering
HM-2 If use of agricultural chemicals within an existing
agricultural operation has the potential to adversely impact a
proposed residential development on an adjacent parcel, mitigation
measures including but not limited to physical barriers and/or
Project Planning,
Engineering
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring DepL = Department, or Agency, responsible For monitoring a particular mitigation measure.
•rTShown on Plans = When mitigation measure Is shown on plans, this column will be initialed and dated,
v-Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
f ykemarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 15 of 23
fffiel^lrrieniil -,•/:• *v .-;.: r".-:-;ry,, «;tv-,¥".-i^r.•Jmplementalipn
separation between the uses shall be considered.
HM-3 Prior to approval of any permits for uses such as
emergency shelters and farm worker housing within the City's
industrial zones, the applicant shall obtain clearances from federal,
state, and local agencies as necessary to ensure such uses are
not exposed to significant hazards due to the routine transport, use
or disposal of hazardous materials or through reasonable
foreseeable upset and accident conditions involving the release of
hazardous materials into the environment.
Project Planning,
Building
HM-4 All trash and debris within project, sites shall be
disposed of off-site in accordance with current, local, state, and
federal disposal regulations. Any buried trash/debris encountered
shall be evaluated by an experienced environmental consultant
prior to removal.
Project Planning,
Building,
Engineering
HM-5 Before beginning demolition or renovation activities, the
interior of individual onsite structures shall be visually inspected.
Should hazardous materials be encountered, the materials shall be
tested and properly disposed of offsite in accordance with state
and federal regulatory requirements. Any stained soils or surfaces
underneath the removed materials shall be sampled. Results of the
sampling would indicate the appropriate level of remediation efforts-
thai may be required.
Project Planning,
Building
HM-6 Before beginning any remedial or demolition work,
building owners shall contract with a certified professional to
conduct an asbestos survey, consistent with National Emission
Standards for hazardous Air Pollutants (NESHAP) standards to
determine Ihe presence of asbestos containing materials.
Demolition of or within existing buildings on individual parcels
onsite must comply with State law, which requires a certified
contractor where there is asbestos-related work involving 100
square feet or more or such materials to ensure that certain
procedures regarding the removal of asbestos are followed.
Project Planning,
Building
HM-7 Before the issuance of a grading permit, all
miscellaneous debris (i.e., wood, concrete, storage drums, and
Project Planning,
Engineering
Q
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dapt. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or /or other information.
Page 16 of 23
automobiles) shall be removed offsite and properly disposed of at
an approved landfill facility. Once removed, a visual inspection of
the areas beneath the removed materials shal! be performed. Any
stained soils observed underneath the removed materials shall be
sampled. Results of the sampling would indicate the appropriate
level of remediation efforts that may be required.
HM-8 If unknown wastes or suspect materials are discovered
during construction on individual properties that are believed to
involve hazardous waste/materials, the contractor shall:
o Immediately stop work in the vicinity of the suspected
contaminant, removing workers and the public from the area;
o Notify the project-engineer of the City of Carlsbad;
o Secure the areas as directed by the project engineer, and;
o Notify the City's hazardous waste/materials coordinator.
Project Planning,
Building,
Engineering,
Public Works
HM-9 When applications are submitted to the City of Carlsbad
Planning Department to redesignate the land use of a property or
propose development or redevelopment, disclosure of inclusion on
the Cortese List (Government Code Section 65962.5) shall be
required. If an application is for property included on the Cortese
List, the applicant shall provide evidence that describes the
required remediation process, through text and graphics, and (1)
demonstrates compliance is occurring or has occurred with all
applicable federal, state, and local regulations; (2) describes all
necessary actions and approvals to remediate the property and
includes evidence of any approvals so far obtained; (3) describes
the estimated remediation timeframe, current status, and any
monitoring required during and following remediation; (4) discusses
any restrictions on use of the property upon reclamation
completion; (5) includes all other required information as deemed
necessary by the City, DEH, and other agencies having regulatory
authority with regards to remediation of the site.
Project Planning
• WQ-1 Prior to.issuance of a grading permit, the developer
shall prepare and submit for review and approval of the Carlsbad
City Engineer, a Storm Water Pollution Prevention Program
Project Engineering,
Public Works
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
on Plans = When mitigation measure is shown on plans, Iliis column will be initialed and dated.
erified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
emarks = Area for describfng slatus of ongoing mitigation measure, or for other information.
(SWPPP) to demonstrate that pollutants will be controlled through
compliance with the City of Carlsbad Standard Urban Stormwater
Mitigation Plan (SUSMP), General Construction Stormwater Permit
(Order No. 99-08, NPDES CAS000002), and the General
Municipal Stormwater Permit (Order R9-2007- 0001, NPDES
CAS0108758). The applicant shall be responsible for monitoring
and maintaining the BMP erosion control measures identified
below on a weekly basis in accordance with the City's grading and
erosion control requirements (Municipal Code Section 15.16, et
seq.). The locations of all erosion control devices shall be noted on
the grading.plans. BMPs that shall be installed include, but are not
limited to, the following:
o Silt fence, fiber rolls, or gravel bag berms
o Check dams
o Street sweeping and vacuuming
o Storm drain inlet protection
o Stabilized construction entrance/exit
o Hydroseed, soil binders, or straw mulch
o Containment of material delivery and storage areas
o Stockpile management
o Spill prevention and control
o Waste management for solid, liquid, hazardous, and sanitary .
waste, and contaminated soil
o Concrete waste management
WQ-2a. Prior to issuance of grading permits or approvals for any
public or private right-of-way improvements or site development
plans, the developer shall prepare and submit for review and
approval by the City of Carlsbad City Engineer, a Stormwater
management plan that demonstrate that pollutants will be
controlled through compliance with the .City of Carlsbad SUSMP
and Stormwater Management Program (SWMP). Approval of such
plans shall be subject to a determination by the Carlsbad City
Engineer that the proposed project has incorporated post-
development water quality pollution control site design BMPs,
source control BMPs, and numerically-sized treatment control
BMPs such as those identified below into the project design to the
Project,
ongoing
Engineering
Explanation of Headings:
Type = Project, ongofng, cumulative.
Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for oilier information.
Page 18 of 23
maximum extent practicable:
o street sweeping
o inlet basin labeling
o Filtering bioretention units
o Pervious pavement
o Vegetated swales
o Detention/infiltration basins
o Covered trash enclosures
• WQ-2b. Projects shall be required to show compliance with the
applicable hydrom edification provisions of Order R9-2007-0001
and to show they are designed so that postproject runoff flow rates
and directions do not exceed pre-project runoff flow rates and
directions for applicable design storms. Projects shall incorporate
LID design techniques to reduce the amount of runoff by mimicking
the natural hydrologic function of the site by preserving natural
open spaces and natural drainage channels, minimizing
impervious surfaces, and promoting infiltration and
evapotranspiration of runoff before runoff leaves the site. LID
techniques include, but are not limited to:
o Vegetated buffer strips
o Vegetated bio swales
o Rain gardens
o Porous pavements
o Bioretention areas
o Vegetated roofs
o Stormwater planter boxes
o Infiltration trenches
o Dry wells
• WQ-3 In conjunction with the sale, rental or lease of a
residence or business property, all prospective owners and tenants
shall be notified in writing through Covenants, Conditions, and
Restrictions (CC&Rs) that they shall:
o Establish or work with established disposal programs for the
removal and proper disposal of toxic and hazardous waste
s^grypeM*?
Project,
ongoing
t *
Project,
ongoing
Ilf^Hoonglt
Smepaftmlfitit
Engineering
<
Planning,
Engineering
SwSfioWJoWp ••Hjss* V/Q'rif ipH !ti»*'f"immmSm^m-.•Implementation*•Q&PMt-S tffiWfSr&tf f-
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure,
rrrshown on Plans = When mitigation measure is shown on plans, this column will ba initialed and dated.
WtVerified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
. IRemarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 19 of 23
products.
o Not discharge or cause to be discharged any toxic chemicals or
hydrocarbon compounds, such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives
and other such fluids, into any public or private street or into
any storm dram or storm drain conveyance.
o Use and/or dispose of all pesticides, fungicides, herbicides,
insecticides, fertilizers, and other such chemical treatments in
accordance with federal, State, County, and City requirements
as prescribed on their respective containers.«o Employ BMPs to eliminate or reduce surface pollutants when
planning any changes to the landscaping and/or surface
improvements. Developer shall establish a homeowner's
association and corresponding CC&Rs. Said CC&Rs shall be
submitted to and approved by the Planning Director prior to
final map approval.
o Prior to issuance of a building permit, the Developer shall
provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the California
Department of Real Estate and the Planning Director.
• WQ-4 As required by the City Engineer, a hydrology report to
assess impacts relating to drainage and stormwater runoff shall be
prepared. The report shall demonstrate compliance with current
applicable hydromodification standards and demonstrate adequate
capacity in downstream storm drain facilities, or shall demonstrate
no increase in runoff peak flows through onsite detention.
• WQ-5 Proposed development shall comply with all applicable
requirements of Chapter 21.1 10, Floodplain Management
Regulations, of the Zoning Ordinance. This shall include
preparation of all applicable studies and reports, including those
required by other agencies, such as FEMA.as directed by the City
Engineer.
• WQ-6 Proposed development shall be subject to compliance
with mitigation measures GS-1 and GS-2, which require
iMofijIwlSsptype^iff
•_•
Project
Project
Project
:^iy^it^ririgl|
^sbepartrrtentfl
i
Engineering
Planning,
Engineering
Planning,
Engineering,
|sstiowm$3am$R\$mm .^Implementation"Pl'Rema'rksW$i^:VS}:?-,«f-.&%:-'
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column will be initiated and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other information.
N-1 A noise study shall be submitted with all
discretionary applications for residential projects of five or
more dwelling units located within or 500-feet beyond the 60
dBA CNEL noise contour lines as shown on Map 2: Future
Noise Contour Map in the Noise Element of the General Plan.
This noise study shall identify design features such as noise
attenuation walls and mechanical building ventilation
necessary to enforce the City policy that 60 dBA CNEL is the
exterior noise level (65 dBA if subject to noise from
McClellan-Palomar Airport) and 45 dBA CNEL is the interior
noise level to which all residential units shall be mitigated.
Project Planning
N-2 To minimize noise impacts, project design
techniques shall be used during any discretionary review of a
residential or other noise sensitive project to shield noise
sensitive areas from a noise source. This can be done, for
example, by increasing the distance between the noise
source and the receiver; placing non-noise sensitive uses
such as parking areas, maintenance facilities, and utility
areas between the source and the receiver; using non-
sensitive structures, such as a garage, to shield noise
sensitive areas; and, orienting buildings to shield outdoor
spaces from a noise source.
Project Planning
N-3 As applicable, future residential development shall
comply with the policies of the City of Carlsbad General Plan
Noise Element and City of Carlsbad Noise Guidelines
Manual.
Project Planning
N-4 As applicable, future residential development shall
comply with the following requirements:
o Heavy equipment shall be repaired at sites as far as practical
from nearby residences and occupied sensitive habitats.
Project Planning,
Building,
Engineering
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans » When mitigation measure is shown on plans, this column will be initialed and dated.
V_£erified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
~~ emarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 21 of 23
•^•w^Kft,;;:^^
o Construction equipment, including vehicles, generators, and
compressors, shall be maintained in proper operating condition
and shall be equipped with manufacturers' standard noise
control devices or better (e.g., mufflers, acoustical lagging,
and/or engine enclosures).
o The City's noise ordinance (Municipal Code Section 8.48.010)
limits the hours of construction to between 7 a.m. and sunset
on weekdays and 8 a.m. to sunset on Saturdays. Construction
is prohibited on Sundays and holidays. The City Manager may
grant an exception for night work during the night, Sundays,
and holidays if the construction is in a nonresidential zone and
there are no inhabited dwellings within 1,000 feet of the
construction site.
o Electrical power shall be provided from commercial power
supply, wherever feasible, to avoid or minimize the use of
engine-driven generators.
o Staging areas for construction equipment shah1 be located as
far as practicable from residences and sensitive habiiats.
o Operating equipment shall be-designed to comply with all
applicable local, state, and federal noise regulations.
o Noise attenuation walls/buffers shall be used to shield sensitive
noise receptors from construction-generated noise greater than
75 dBA within 50 feet of sensitive receptors.
o If lighted traffic control devices are to be located within 500 feet
of residences, the devices shall be powered by batteries, solar
power, or similar sources, and not by an internal combustion
engine.
• N-5 Refer to Mitigation Measure Biological Resources
BR-4, which will reduce potential construction noise impacts
to sensitive bird species, migratory birds, or raptors to below
a level of significance.
• N-6 Future development shall comply with the following
requirements as applicable:
o Prior to the recordation of the first final (tract/parcel) map or
SMomtofihgM
•
. i
• • ~ *
Project
Project
IfMonStpspMDepaHme'nt'^
I
Planning
Planning,
Engineering
vS?SH6wri;'art%3iiJg£Venfie'd£gp>
'Xi&'il,.****^ f'1'^'^ T-^Implementation .••;..
'&y>g*w!&&:&'^?fe£ Remarks^
k'fc^^iWSSW-Vrt1''"-"!'
•-
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dcpt = Department, or Agency, responsible far monitoring a particular mitigation measure.
Shown on Plans = When miligation measure is shown on plans, this column will be initialed and dated.
Verified Implementation = When miligation measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other information,
Page 22 of 23
the issuance of building permits, whichever occurs first, the
Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating
from McClellan-Palomar Airport, in a form meeting the approval
of the Planning Director and the City Attorney (see Noise Form
#2 on file in the Planning Department).
Developer shall post aircraft noise notification signs in all sales
and/or rental offices associated with the new development.
The number and locations of said signs shall be approved by
the Planning Director (see Noise Form #3 on file in the
Planning Department).
PS-1 Prior to approval of the first tract map or building permit
in Zone 25, a Local Facility Management Plan shall be prepared
and adopted by the City Council for Zone 25. Consistent with the
Carlsbad Growth Management Plan and its performance standards
for public facilities, this plan shall show how and when the following
facilities will be provided: Sewer systems, water, drainage,
circulation, fire facilities, schools, libraries, city administrative
facilities, parks and open space. .This plan shall also include an
inventory of present and future requirements for each public
facility, a phasing schedule establishing the timing for provision of
each facility, and a financing plan for funding the necessary
facilities.
Project Planning
T-1 Require new development to provide a traffic
analysis report, as applicable, according to City standards
and as may be required by the City Engineer. This report
shall evaluate project specific traffic impacts and identify
mitigation for impacts.
Project Planning,
Engineering
T-2 Require new development to comply with the
adopted (September 23, 1986) Growth Management
performance standards for circulation facilities, which ensures
future development will not exceed the traffic load and
capacity of the City's street system and intersections.
Project Planning,
Engineering
T-3 Developers shall make applicable fair share Project Planning,
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
--—Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated.
"Verified Implementation - When mitigation measure has been implemented, this column will be initialed and dated.
Ttemarks = Area for describing status of ongoing mitigation measure, or for other information.
Page 23 of 23
contributions through the Traffic Impact Fee (TIP) program
toward traffic improvements, to the satisfaction of the
Carlsbad Engineering Department.
Engineering
T-4 For projects that may potentially impact the
circulation networks of adjacent jurisdictions, the City shall
coordinate the project's environmental review with these
jurisdictions to determine the need for any mitigation of the
potential impacts. .
Project Planning,
Engineering
T-5 Require new development to provide pedestrian
and bicycle linkages, when feasible, which connect to nearby
community centers, commerciai developments, parks,
schools, points of interest, major transportation corridors and
the Carlsbad Trail System.
Project Planning,
Engineering,
Recreation
T-6 For development proposed adjacent to or near the
North County Transit District railroad right of way, traffic
analysis reports required by mitigation measure T-1 shall
address any traffic increase impacts over affected rail
crossings and associated mitigation measures, if any, to the
satisfaction o.f the City Engineer.
Project Planning,
Engineering
USS-1 Prior to issuance of a grading permit, the applicant shall
prepare and submit for review and approval of the Carlsbad City
Engineer, a Storm Water Pollution Prevention Program (SWPPP)
to demonstrate that pollutants will be controlled through
compliance with the City of Carlsbad Standard Urban Slormwater
Mitigation Plan (SUSMP), General Construction Stormwater
Permit, and the General Municipal Stormwater Permit. The
applicant shall be responsible for monitoring and maintaining the
Best Management Plan (BMP) erosion control measures in
accordance with the City's grading and erosion control
requirements.
Proje'ct Engineering
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dapt = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure Is shown on plans, this column will be initialed and ddled.
Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigalion measure, or for other information.
J90373
Notice of Determination _
To: |E1 .Office of Planning and Research From: CITY OF CARLSBAD
P.O. Box 3044 Planning Department
Sacramento, CA 95812-3044 _, - fl 1635 Faraday Avenue
_ t,avfBB,iRLJonn?aSarlsbad'CA 92008
S3 SD County Clerk *o««yaw« (760) 602-4600
Attn: Linda Kesina DEC 242009 .
Mail Stop A-33 By L. KeSISUTE
1600 Pacific Highway DEPUTY
San Diego, CA 92101 ......
Project No; GPA 03-02
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public-
Resources Code.
2005 - 2010 Housing Element _ __ _ _
Project Title
_ City of Carlsbad, Scott Donnell _ (760)602-4618
State Clearinghouse No. Lead Agency, Contact Person Telephone Number
All areas within the city limits of Carlsbad in San Diego County _
Project Locations (include County)
Name of Applicant: City of Carlsbad
Applicant's Address: -1 635 Faraday Ave., Carlsbad, CA 92008
Applicant's Telephone Number: (760) 602-4618
Project Description: Adoption of a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program and approval of a General Plan Amendment to adopt the update
of the Housing Element for the 2005-2010 housing cycle as required by the California
Government Code and which affects properties throughout the city.
This is to advise that the City of Carlsbad has approved the above described project on December
22, 2009, and has made the following determination regarding the above described project.
1 , The project will not have a significant effect on the environment *.
2. A Negative Declaration was prepared for this project pursuant to the provisions of
CEQA.
3. Mitigation measures were made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan was adopted for this project.
5. A statement of Overriding Considerations was not adopted for this project.
6. Findings were made pursuant to the provisions of-CEQA.
This is to certify that the final Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program with comments and responses and record of project approval is
available to the-eneral Public at THE CITY OF CARLSBAD.
l R) IM TMC Qor.cc
PON Planning Directo San Diego ^ ^ ~
Date received for filing at OPR: Posieo'^i-?iJ?l._Removed
^turned to agency on
Deputy ______ L.
Revised December 2004
ATTACHMENT 2
93/38/2016 13:84 9163272643 HPD PAGE 62/83
i
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DMSION OF HOUSING POLICY DEVELOPMENT
1800 Thin) StTMt, SuH« 430
P.O. Box 952053 ...
SlWWiento, CA 94252-2053 All Receive
ffiSHX? ** (918)327-?W For «»c Information of the;
CITY COUNCIL
March 30,2010
Ms. Lisa Hildabrand
City Manager i
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad. CA 92008
Dear Ms. Hildabrand:
RE: Review of the City of Carlsbad's Adopted Housing Element
Thank you for submitting-Carlsbad's housing element adopted December 22,2009 and
received for review on January 11,2010. The Department 5s required to review adopted
housing elements and report the findings to the locality pursuant to Government Code
Section 65585(h).
As you know, the Department's November 21,2008 review found Carlsbad's revised
draft housing element addressed the statutory requirements of housing element law. As
the adopted element is substantially the same as the revised draft, the Department is
pleased to find Ihe element in full compliance with State housing element law
(Article 10.6 of the Governmentf.Code),
The Department recognizes Carlsbad's efforts to adopt effective housirg and land-use
strategies to address its existing and projected housing need, including encouraging lot
consolidation and adopting minimum densities. The element's programs to provide
adequate sites and encourage redevelopment in the Village and Barrio Areas, including
Program 2.1 (Adequate Sites), are critical in demonstrating compliance with housing
element law. The City must monitor and report on the results of these programs
through the annual progress report, required pursuant to Government Code
Section 65400, and should amend programs as necessary if existing programs or
strategies are not effective in providing needed housing opportunities.
For your information, pursuant to Government Code Section 65863, lo »l governments
must ensure the inventory of sites or any sites program accommodate*$ the regional
housing need throughout the planning period of the element. In addition, no local
government action shall reduce, require or permit the reduction of, the residential
density for any parcel to, or allow development of any parcel at, a loweir residential
density than identified in the site inyentorv.orproqnam unless the local government
makes written findings, the reduction is consistent with the adopted general plan,
including the housing element gnd the remaining sites identified in the housing element
are adequate to accommodate-the jurisdiction's share of the regional housing need.
03/30/2B10 13:04 9163272S43 " '~
•' PA6E 03/03
Ms, Lisa Hildabrand
Page 2
In addition, Carlsbad now meets specific requirements for several State funding
programs designed to reward local governments for compliance with Sttite housing
element law. For example, the Housing Related Parks Program, authorized by
Proposition 1C, Local Housing Trust Fund and the Building Equity and (Jrowth in
Neighborhoods (BEGIN) Programs include housing element compliance either as a
threshold or competitive factor in rating and ranking applications. More specific
information about these and other programs is available on the Department's website at
http^www.hcd.ca.goy/hDd/hrc/plan/he/loan grant hecomplQ11708fpdf.
The Department wishes Carlsbad success in implementing its housing element and
I6oks forward to following its progress through the General Plan annual-progress reports-
pursuant to Government Code Section 65400. If the Department can provide
assistance in implementing the housing element, please contact Paul NcDougall, of our
staff, at (916) 322-7995.
Sincerely,
Cathy E. Creswell
Deputy Director
ATTACHMENT 3
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Everett L. DeLano, III (Calif. Bar No. 162608)
M. Dare DeLano (Calif. Bar No. 196707)
LAW OFFICES OF EVERETT L. DeLANO III
220 W. Grand Avenue
Escondido, California 92025
(760) 510-1562
(760) 510-1565 (fax)
Attorneys for Petitioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION
FRIENDS OF AVIARA, a non-profit
association;
Petitioner,
) Case No. 37-2010-00050553
vs.
CITY OF CARLSBAD, a public body corporate
and politic, and DOES 1 through 5, inclusive,
Respondents.
) NOTICE OF JUDGMENT AND WRIT
) (California Environmental Quality Act)
Date: N/A
Time: N/A
Dept: N-31
Judge: Honorable Robert P. Dahlquist
Friends ofAviara. v. City of Carlsbad
Notice of Judgment
Pagel
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on May 18,2011, the Honorable Robert P. Dahlquist, Judge of
the Superior Court issued a Judgment Granting in Part and Denying in Part Writ of Mandate, and a
Writ of Mandate. The Court entered both the Judgment and the Writ on May 18,2011.
A true and correct copy of the Judgment is attached hereto and incorporated herein as Exhibit 1.
A true and correct copy of the Writ of Mandate is attached hereto and incorporated herein as Exhibit 2.
Respectfully Submitted,
DATE: May 26,2011
Everett L. DeLano III
M. Dare DeLano
LAW OFFICES OF EVERETT L. DeLANO III
Attorneys for Petitioner11
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Friends ofAviara, v. City of Carlsbad Page 2
Notice of Judgment
EXHIBIT 1
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F I L E p
Ctarlt of the Suv-rinr Court
MAY 18
By: L. ARTHUR, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION
FRIENDS OF AVIARA, a non-profit
association;
Petitioner,
vs.
CITY OF CARLSBAD, a public body corporate
and politic, and DOES 1 through 5, inclusive,
Respondents.
Case No. 37-2010-00050553 ~
WRIT OF MANDATE
Date: N/A
Time: N/A
Dept: N-31
Judge: Honorable Robert P. Dahlquist
Friends ofAviara. v. City of Carlsbad
Writ of Mandate
Page I
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Judgment having been entered in this proceeding, ordering that a peremptory writ of mandate
be issued from this Court,
IT IS ORDERED that, immediately on service of this writ, Respondent City of Carlsbad shall:
A. Set aside that portion of Resolution No. 2009-322 which adopted the findings and
approval of the 2005-2010 Housing Element (General Plan Amendment GPA 03-02);
B. Revise the 2005-2010 Housing Element in accordance with Government Code section
65583(c) to include a timeline for processing each of the amendments to the General Plan,
'AMH««pAi«iiMMOTMMAiw4iMP4Mib«MMtovMH>l» necessary to implement the 2005-2010
Housing Element; and .
C. Take no action to approve any development project which requires an amendment to the
General Plan, 4hMgdMiiHMHMMiHilMii^Mrib>MrfHpHMHl*qHHM^^
until after Respondent has complied with requirements of the writ of
mandate.
This Court will retain jurisdiction over Respondents' proceedings by way of a return to this
peremptory writ of mandate until the Court has determined that Respondent has complied with the
provisions of state law.
Respondents must file a return to this writ no later than 1
Dated:
Y 1 ' »^^Judge o
Friends qfAviara. v. City of Carlsbad
Writ of Mandate
Page 2
EXHIBIT 2
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F i t e 0
CterJt of (hi Superior Ctwirt
MAY 1 8 2011
By: L. ARTHUR, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION
FRIENDS OF AVIARA, a non-profit
association;
Petitioner,
vs.
CITY OF CARLSBAD, a public body corporate
and politic, and DOES 1 through 5, inclusive,
Respondents.
) Case No. 37-2010-00050553^-Tr.-NJCL
. J JUDGMENT GRANTING IN
f»ART AND DENYING IN PART WRIT OF
MANDATE
Date: N/A
Time: N/A
Dept: N-31
Judge: Honorable Robert P. Dahlquist
Friends ofAviara. v. City of Carlsbad
Judgment Granting in Part and Denying in Part Writ of Mandate
Page 1
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The Court heard this matter on March 17,2011. Everett L. DeLano III appeared on behalf of
Petitioner Friends of Aviara. Michael M. Hogan, Ronald Ball and Jane Mobaldi appeared on behalf of
Respondent City of Carlsbad. Memoranda of points and authorities and other papers were filed, the
record of administrative proceedings was lodged, and oral arguments were presented by counsel for the
parties in support of and in opposition to the petition for writ of mandate, and the matter was taken
under submission by the Court. The Court, having entered a Minute Order on March 28,2010,
granting in part and denying in part the petition for writ of mandate, now enters judgment as follows:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1. The petition for writ of mandate is granted hi part and denied in part for the reasons set forth in
the Minute Order dated March 28,2011,
2. A writ of mandate shall issue ordering Respondent:
A. To set aside that portion of Resolution No. 2009-322 which adopted the findings and
approval of the 2005-2010 Housing Element (General Plan Amendment GPA 03-02);
B. To revise the 2005-2010 Housing Element in accordance with Government Code
section 655 83 (c) to include a timeline for processing each of the amendments to the General
Plan,«iMii^A^MM«iWaiMii«^iM)iMMiM«iMMl» necessary to implement the 2005-2010
Housing Element; and
C. To take no action to approve any development project which requires an amendment to
the General Plan,
until after Respondent has complied with requirements of the writ of
mandate.
3 . All other relief sought in the petition for writ of mandate is denied.
4. This Court shall retain jurisdiction to consider any motion for costs and fees and over
Respondent's return of the writ.
Dated: iW-JUs] /% ',
..Judge of the Superior
Friends of Aviara. v. City of Carlsbad Page 2
Judgment Granting in Part and Denying in Part Writ of Mandate
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PROOF OF SERVICE
Friends ofAviarav. City of Carlsbad, Case No. 37-2010-00050553
I, the undersigned, declare:
1. I am over the age of 18 years and not a party to this action. I am employed in the County of San
Diego, California, in which county the within mentioned service occurred. My business address
is 220 W. Grand Avenue, Escondido CA 92025.
2. I am familiar with this office's normal business practice for collection and processing of
correspondence for mailing with the U.S. Postal Service. That practice is to deposit
correspondence with the U.S. Postal Service the same day as the day of collection in the ordinary
course of business.
3. On May 26,2011,1 served a copy of NOTICE OF JUDGMENT AND WRIT
Ronald R. Ball U.S. MAIL
City Attorney
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008 .
Michaels M. Hogan U.S. MAIL
HOGAN GUINEY DICK, LLP
225 Broadway, Suite 1900
San Diego, California 92101
I declare under penalty of perjury that the foregoing is true and correct.
Dated this Thursday, May 26, 2011 at Escondido, California,
17
M. Dare DeLano
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Proof of Service - 1
ANNUAL HOUSING ELEMENT PROGRESS REPORT
Part 1 - Housing Production Status
(OCR Title 25 §6202 )
Parti
page 1 of 3
Jurisdiction
Reporting Period
City of Carlsbad
01/01/2010 -12/31/2010
Table A
Annual Building Activity Report Summary - New Construction
Very Low-, Low-, and Mixed-Income Multifamily Projects
Housing with Financial Assistance
andfor
Deed Restrictions
Housing without
Financial Assistance
or Deed Restrictions
Housing Development Information
fefteriure^
unjcTicUondelenTiwd the iMfi were'
affordable.: Refer:toirslnidionsr,.h'
2677 JEFFERSON ST
2701 HIGHLAND DR
3125 MONROE ST
1080 CHESTNUT AV
(9) Total of Moderate and Above Moderate from Table A3 >•
(10) Total by income Table A/A3
(11) Total Extremely Low-Income Unite*
* Note: These fields are voluntaiy
** Carlsbad Zoning Ordinance requires these units to be rented to a low income individual.
For additional information and a description of the terms and methods used in Part 1 of this report, please see Appendix A.
I
o
I
m
ANNUAL HOUSING ELEMENT PROGRESS REPORT
Part 1 - Housing Production Status
(CCR Title 25 §6202 )
Parti
page 2 of 3
Jurisdiction
Reporting Period
City of Carlsbad
01/01/2010 -12/31/2010
Table A2
Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant
to GC Section 65583.1 (c)(1)
Please note: Units may only be credited to the table below when a Jurisdiction has included a program it its housing element to rehabilitate, preserve or acquire
units to accommodate a portion of its RHNA whichmeet the specific criteria as outlined in GC Section 65583.1(c)(1)
Activity Type
(1) Rehabilitation Activity
(2) Preservation of Units At-Risk
(3) Acquisition of Units
(5) Total Units by Income
Affordablity by Household Incomes
;'ljnOTneti
fl '
Ijyery Low-Income Low-
Income t
Ii
I
0 | 0 0
!!4JT>'«
%NJTS,
i '"if
0
0
0
0
(4} The Description should adequately document how each unit complies with
subsection (c )(7) of Government Code Section 65583. 1
1 Note: This field is voluntary
Table A3
Annual building Activity Report Summary for Above Moderate-Income Units
(not including those units reported on Table A)
No. of Units Permitted for
Moderate
No. of Units Permitted for
Above Moderate
1.
Single Family
299
2.
2 - 4 Units
2
72
3.
5+ Units
4.
Second Unit
5.
Mobile Homes
6.
Total
2
371
7.
Number of
infill units*
' Note: This field is voluntary
Parti
page 3 of 3
ANNUAL HOUSING ELEMENT PROGRESS REPORT
Part 1 - Housing Production Status
(CCR Title 25 §6202)
Jurisdiction
Reporting Period
City of Carlsbad
01/01/2010 -12/31/2010
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
Enter Calendar Year starting with the first year of
the RHNA allocation period. See Example.
Income Level
Very Low
Low
Moderate
Deed Restricted
Non-deed
rftsfrir.tp.ri
Deed Restricted
Non-deed
restricted
Deed Restricted
Non-deed
restricted
Above Moderate
Total RHNA by COG.
Enter allocation number
RHNA
Allocation by
Income Level
1,922
1,460
1,583
3,411
8.376
Total Units »• > t»
Remaining Need for RHNA Period
2003
Year
1
85
2004
Year
2
ii
336
174
672
1.267
ZOO
184
1092
1.476
2005
Year
3
70
1.330
1,400
2006 2D07 | 2008
I
Year j Year
4 | 5
i
100
89
306
495
10
358
368
Year
6
11
96
2
147
256
2009
Year
7
12
163
175
2010
Year
4
2
371
377
Year
9
Total Units
to Date
(all years)
196
817
362
4.439
5,814
Total
Remaining RHNA
by Income Level
1.726
643
1.221
-1,028
2.562
Note: units sen/ing extremly low-income households are included in the very low-income permitted units totals.
ANNUAL HOUSING ELEMENT PROGRESS REPORT
Part 2 - Program Implementation Status
January 2010 through December 2010
CODE KEY
Status:Department or Division:
C - Completed
0 - Ongoing
1 - In Process
P - Pending
D - Delete
One-time project for which all work has been completed
Completed program, but one that requires recurring activity
Staff work is well underway and program will be implemented soon
(including any necessary hearings)
Program for which preliminary work needs to be initiated, or program is in
early stages of work
Program that may no longer be necessary or relevant due to another
program, changed circumstances, or policy change
BCE - Building & Code Enforcement
CED - Community & Economic
Development
HNS - Housing & Neighborhood Services
P - Planning
F- Finance
Part 2 - Program Implementation Status - January 2010 through December 2010
" Table 2.1 CY £010 Housing Element Program Implementation Status
..
i! Program
Program
#Description"Status
Dept/
Condominium
Conversion 1.1
The City will continue to discourage and/or restrict condominium
conversions when such conversions would reduce the number of low or
moderate income housing units available throughout the City. All
condominium conversions are subject to the City's Inclusionary Housing
Ordinance; the in-lieu fees or actual affordable units required by the
ordinance would be used to mitigate the loss of affordable rental units
from the City's housing stock.
O
The City considers condominium conversions
on a case by case basis. In 2010, the City
received one application to convert two single
family homes on one lot into airspace
ownership units.
Mobile Home
Park
Preservation
1.2
The City will continue to implement the City's Residential Mobile Home
Park zoning ordinance (Municipal Code 21.37) that sets conditions on
changes of use or conversions of Mobile Home Parks.
The City will also assist lower income tenants to research the financial
feasibility of purchasing their mobile home parks so as to maintain the
rents at levels affordable to its tenants.
P,HNS
The City continues to implement the mobile
home zoning ordinance and has held initial
discussions with stakeholders regarding
potential assistance to tenants purchasing
Lanakai Mobile Home Park.
Acquisition/
Rehabilitation
of Rental
Housing
1.3
The City will continue to provide assistance to preserve the existing
stock of low and moderate income rental housing, including:
• Provide loans, grants, and/or rebates to owners of rental
properties to make needed repairs and rehabilitation.
• Acquire and rehabilitate rental housing that is substandard,
deteriorating or in danger of being demolished. Set-aside at
least 20 percent of the rehabilitated units for very low income
households.
• Provide deferral or subsidy of planning and building fees, and
priority processing.
Priority will be given to housing identified by the Building Department as
being substandard or deteriorating, and which houses lower income
and in some cases moderate income households.
HNS,
BCE
Requests for acquisition/rehabilitation of rental
properties are considered on a case by case
basis.
Rehabilitation
of Owner-
Occupied
Housing
1.4
As the housing stock ages, the need for rehabilitation assistance may
increase. The City will provide assistance to homeowners to rehabilitate .
deteriorating housing. Energy conservation improvements are eligible
activities under the City's rehabilitation assistance. Assistance will
include financial incentives in the form of low interest and deferred
payment loans, and rebates. Households targeted for assistance
include lower-income and special needs (disabled, large, and senior)
households.
O HNS
The City has implemented a home repair
program for owner occupied properties that
provides loans which are forgiven after 5
years. In 2010, the City aided two households
with home repair loans.
Part 2 - Program Implementation Status - January 2010 through December 2010
".' "i . * .'."..•i.ii'.i. .'i'i?!!.!.^?'.'. i.','.'.' ..'..... . . . "' " •• -- •—"-•:-'••'•••!". * -it '... '.''.'. . ... ... ••' •••-• ••;«.HII -iiii .^,1-... >..,..: .1.1.1. •....-.. i.'."'- —' .HE
•Status
Preservation
ofAt-Risk
Housing
1.5
One project - Seascape Village - within the City may be considered as
at risk. This project has deed restrictions on 42 units that are set to
expire January 1, 2009. The City will monitor the status of projects
such as Seascape Village that may be at-risk, ensure tenants receive
proper notification of any changes and are aware of available special
Section 8 vouchers, and contact nonprofit housing developers to solicit
interest in acquiring and managing at risk projects.
O HNS
Notices to tenants at Seascape Village were
monitored and City staff worked with owners of
Seascape Village in an attempt to extend the
affordability restrictions. Property was sold and
new owners declined to work with the City
further.
Adequate
Sites 2.1
The City will continue to monitor the absorption of residential acreage in
all densities and, if needed, recommend the creation of additional
residential acreage at densities sufficient to meet the City's housing
need for current and future residents. Any such actions shall be
undertaken only where consistent with the Growth Management Plan.
In order to ensure that adequate residential acreage at appropriate
densities is available to meet the City's Regional Housing Needs
Assessment (RHNA) the City will implement the following objectives:
a. The City shall process a general plan amendment(s) to
redesignate a minimum net. acreage of each site in Table 6-1 to
RH and require that the redesignated sites be developed at a
minimum density of 20 units per acre. As part of this program, the
City shall also process all necessary amendments to the Zoning
Ordinance and other planning documents, such as master or
specific plans.
Table 6-1
General Plan Amendment (RH): Ponto and Quarry Creek
Property
Ponto
Quarry
Creek
Commercial
Mixed Use
Ponto
APN
216-140-17
Portions of
167-040-21
Portion of 21 6-
140-18
Approximate
Minimum Acres
to be
Redesignated
toRH
6.4
15.0
2.8
Density
Yield
128
300
28
P.HNS
Housing Element Section 3, Resources
Available, identifies the "Bridges at Aviara
Affordable Housing Component" as a project
that would help Carlsbad meet its Regional
Housing Needs Assessment (RHNA) for lower
income units during the current 2005-2012
housing cycle. The applicant of this privately-
initiated proposal has withdrawn the project,
resulting in the loss of 76 potential low income
apartments; this loss affects the City's ability to
meet its RHNA.
Housing Element Table 3-12 shows Carlsbad's
RHNA needs and how the City intends to meet
those needs through adequate sites, or
numbers of units. With the Bridges at Aviara
Affordable Housing Component, Carlsbad had.
50 units more than it needed, as the table
reflects; with the loss of the Bridges project,
the City has a 26 unit moderate income deficit.
These units must be replaced in either the
lower income or moderate income categories
for the City to continue to meet its RHNA
during the current housing cycle. When
reviewing Table 3-12, please note that the
surplus of lower income units may be counted
toward satisfying the deficit of moderate
income units.
It is anticipated most of the 26 unit deficit will
be made up by the Dos Colinas project, a large
senior community proposed near El Camino
Real and College Boulevard, (continued on
next page)
Part 2 - Program Implementation Status-January 2010 through December 2010
us
^titeSjrarrr
'^•*^isMl^^;|JS|aiiili
b. The City shall process a general plan amendment(s) to
redesignate a minimum net acreage of each site in Table 6-2 to
RMH and require that the redesignated site be developed at a
minimum density of 12 units per acre. As part of this program, the
City shall also process all necessary amendments to the Zoning
Ordinance and other planning documents, such as master or
specific plans.
Table 6-2
General Plan Amendment (RMH): Quarry Creek
Property
Quarry
Creek
APN
Portions of
167-040-21
Approximate
Minimum Acres
to be
Re-designated
to RMH
17
Density
Yield
200
Adequate
Sites
(Continued)
2.1
c. The City shall process general plan amendments to establish
minimum densities of 12 units per acre and 20 units per acre for
the RMH and RH land use designations, respectively, except for
those RH designated properties in the Beach Area Overlay Zone.
d. The City shall process amendments to the Village Redevelopment
Master Plan and Design Manual and/or other planning documents
as necessary to establish, for residential projects and mixed use
projects with residential components within the Village
Redevelopment Area, minimum densities equal to 80% of the
maximum of the density range. For land use districts 1 - 4 (density
range of 15 - 35 units per acre), as specified in the Carlsbad
Village Redevelopment Master Plan and Design Manual, 80%
shall be 28 units per acre. For land use districts 5-9 (density
range of 15 - 23 units per acre), 80% shall be 18 units per
acre. Furthermore, the City shall approve modifications to
development standards of the Carlsbad Village Redevelopment
Master Plan and Design Manual if a project satisfactorily
demonstrates as determined by the City that such modifications
are necessary to achieve the minimum densities.
P.HNS
The public comment period on the Dos Colinas
Draft EIR has closed and the project, if
approved, is expected to receive city
entitlements before the end of the current
housing cycle. To satisfy its inclusionary
housing need, Dos Colinas proposes to make
affordable 20 units in the Cantarini/Holly
Springs apartment project. This 80 unit
complex, approved to be constructed near the
Dos Colinas proposal, is identified in Housing
Element Table 3-2. Half of the complex is
already set aside for low and moderate income
families and meets the inclusionary needs of
the Cantarini/Holly Springs single-family
residential development. The remaining 40
units of the apartment complex are market rate
units; the Dos Colinas developer has proposed
to deed restrict 20 of these remaining units for
lower-income families.
With the Dos Colinas project proposal, the city
still needs to identify six additional units to
meet its RHNA obligations for lower and
moderate income units. The proposed master
plan for Quarry Creek includes more acreage
than the Housing Element identifed for the
project (an adjacent and vacant 56-acre
parcel). Potentially, this additional area may
enable the designation of more lower or
moderate income sites in Quarry Creek than
the 500 units anticipated in the Housing
Element (see item a below). Therefore, the
City anticipates the shortfall can be made up at
Quarry Creek. See Housing Element pages 3-
10 and 3-11 and tables 3-4 and 3-9 for further
information about Quarry Creek.
a. An application for a master plan was
submitted in 2010 for the Quarry Creek
site which will implement Program 2.1.
(continued below)
Part 2 - Program Implementation Status - January 2010 through December 2010
Deptf
Adequate
Sites
(Continued)
.2.1
The City shall process amendments to the general plan and
zoning ordinance and process other planning documents as
necessary to establish and permit the minimum densities, areas,
and land uses as described in Section 3 and specified in Tables 3-
4, 3-6 and 3-9 for the Barrio Area.
The City shall amend its zoning ordinance, general plan, and other
land use documents as necessary to permit residential in a mixed
use format on shopping center sites and commercial areas with a
General Plan designations of "CL" and "R" and zoning
designations of "C-L," "C-1" and "C-2," and/or other general plan
and zoning designations as'appropriate. Mixed use residential on
shopping center and commercial sites shall be at a minimum
density of 20 units per acre.
The City will encourage the consolidation of small parcels in order
to facilitate larger-scale developments. Specifically, the City will
make available an inventory of vacant and underutilized properties
to interested developers, market infill and redevelopment
opportunities throughout the City, particularly in the Village
Redevelopment Area and proposed Barrio Area, and meet with
developers, to identify and discuss potential project sites.
For the Barrio Area, incentives shall be developed to encourage
the consolidation of parcels and thus the feasibility of affordable
housing. These incentives shall include increased density and
other standards modifications.
To facilitate development in the Village Redevelopment Area,
modification of standards (including increased density) are
permitted for affordable housing, "green" buildings, and projects
which meet the goals and objectives of the Village (which include
residential and mixed use developments). In addition, the City
offers offsets to assist in the development of affordable housing
citywide. Offsets include concessions or assistance including, but
not limited to, direct financial assistance, density increases,
standards modifications, or any other financial, land use, or
regulatory concession which would result in an identifiable cost
reduction. The City will also encourage lot consolidation by
assisting in site identification.
P, HNS
The application proposes 290 units for the
RH designation and 366 for the RMH
designation, for a total of 656 units.
b. See item "a" above.
c. The amendments have been drafted and are
currently under internal review, and staff
anticipates that Planning Commission and
City Council hearings will occur in 2011.
d. Amendments to the master plan are
currently iri process.
e. This task will be completed as part of the
comprehensive general plan and zoning
ordinance update, which is currently in
process and expected to be completed in
2013.
f. The amendments have been drafted and are
currently under internal review, and staff
anticipates that Planning Commission and
City Council hearings will occur in 2011.
g. HNS maintains a monthly "Real Estate Hot
Sheet" that lists properties that are available
for lease and for sale within the Village
area. The HNS Dept. is currently reviewing
two projects in the Village that are asking
for a modification to standards. The
justification for modifying standards are that
the projects meet the goals and objectives
of the Village (mixed-use), are located
within close proximity to public transit, and
will be achieving a LEED Silver certification
for a "green" building.
For the Barrio Area, the City maintains an
inventory of vacant and underutilized
properties, which is available to developers.
The development of incentives for lot
consolidation will be considered as part of
the comprehensive General Plan and
Zoning Ordinance update currently in
process.
Part 2 - Program Implementation Status - January 2010 through December 2010
Table 2.1 CY 2010 Housing Element Program Implementation Status , . ;
HE
Program
Program
Description Status,
Dept/
i,,ij)j<gcifrtments I".
rt
Flexibility in
Development
Standards
2.2
The Planning Department, in its review of development applications,
may recommend waiving or modifying certain development standards,
or propose changes to the Municipal Code to encourage the
development of low and moderate income housing.
0
The City considers waivers and modifications to
development standards to assist in the
development of affordable housing on a case by
case basis. No projects in 2010 requested or
received such waivers or modifications.
Mixed Use 2.3
The City will encourage mixed-use developments that include a
residential component. Major commercial centers should incorporate,
where appropriate, mixed commercial/residential uses. Major
industrial/office centers, where not precluded by environmental and
safety considerations, should incorporate mixed
industrial/office/residential uses.
• As described in Program 2.1, the City shall amend the zoning
ordinance and other necessary land use documents to permit
residential mixed use at 20 units per acre on shopping center sites
and commercial areas.
The amendments have been drafted and are
currently under internal review, and staff
anticipates that Planning Commission and City
Council hearings will occur in 2011.
Energy
Conservation 2.4
The City of Carlsbad has established requirements, programs, and
actions to improve household energy efficiency, promote sustainability,
and lower utility costs.
• Enforce California building and subdivision requirements by
requiring compliance with state energy efficiency standards
(including adoption of the California Energy Code, 2007 Edition)
and state Subdivision Map Act energy conservation provisions
(Government Code section 66473.1). This latter code section
requires subdivision design to provide future homes with passive
or natural heating opportunities to the extent feasible through, for
example, lot orientation.
• Encourage solar water heating by requiring new residential
construction (ownership dwelling units only) to pre-plumb to
accommodate solar hot water systems. This requirement has
been in effect since 1981.
• Promote and participate in regional water conservation programs
that allow Carlsbad Municipal Water District (CMWD) residents to
receive rebates for water efficient clothes washing machines and
toilets, free on-site water use surveys, and vouchers for weather-
based irrigation controllers. The City publicizes these programs on
its website, www.carlsbadca.gov/water/ wdtips.html. CMWD
serves approximately 75 percent of the City.
O P.BCE
The city adopted the Water Efficient Landscape
Ordinance in 2010, and intends to implement
the ordinance in 2011 through an update to the
landscape manual.
The 2010 Building Code, which includes the
California Green Building. Standards, will be
considered for adoption by the City Council on
March 22, 2011.
_r
Part 2 - Program Implementation Status - January 2010 through December 2010
' 1' ihlfAljI'l'ib'ih Table 2.1 CY 20;! Oi Housing Element Program Implementation Status
HE
..'Program
Program
Descriptioniji ><>,»Status;
Dept/
I'lJilifeomments i i
Energy
Conservation
(Continued)
2.4
CMWD is also a signatory to the California Urban Water Conservation
Council Memorandum of Understanding ("MOU"). Signatories to the
MOU implement 14 Best Management Practices that have received a
consensus among water agencies and conservation advocates as the
best and most realistic methods to produce significant water savings
from conservation.
In 1991, Carlsbad adopted a five-phase Recycled Water Master Plan
designed to save potable water. The result is that CMWD has the
most aggressive water recycling program in the region when measured
in terms of percent of supply derived from recycled water. In its 2005
Urban Water Management Plan, CMWD estimates that in 2020 seven
percent of the water needs of the area it serves will be met by
conservation, 21 percent by recycled water usage, and 72 percent by
desalinated water.
• In the Village Redevelopment Area, encourage energy
conservation and higher density development by the modification
of development standards as necessary to:
o Enable developments to qualify for silver level or higher LEED
(Leadership in Energy & Environmental Design) Certification,
or a comparable green building rating, and to maintain the
financial feasibility of the development with such certification.
o Achieve densities at or above the minimum required if the
applicant can provide acceptable evidence that application of
the development standards precludes development at such
densities.
Modifications may include but are not limited to changes to density,
parking standards, building setbacks and height, and open space.
• Facilitate resource conservation for all households by making
available through a competitive process Community Development
Block Grants to non-profit organizations that could use such funds
to replace windows, plumbing fixtures, and other physical
improvements in lower-income neighborhoods, shelters, and
transitional housing.
O P, BCE
The Housing and Neighborhood Services
Department is currently reviewing two projects
in the Village that request a standards
modification in order to assist in achieving
LEED Silver certification.
Part 2 - Program Implementation Status - January 2010 through December 2010
IP',,1,1 ! I'Table 2:1 CY 2010 Housing Element Program Implementation Statusl i.,1 . r t1
HE
RrograrjL
Program
Description!Status
• Dept/
'Comments
Energy
Conservation
(Continued)
2.4
Per General Plan policy, reduce fossil fuel consumption and
pollution and improve residents' health by requiring:
o New development to provide pedestrian and bike linkages,
when feasible, which connect with nearby community centers,
parks, school, and other points of interest and major
transportation corridors.
o Multi-family uses to locate near commercial centers,
employment centers, and major transportation corridors.
Designate "smart growth" areas in the City to help implement the
San Diego Association of Governments Regional Comprehensive
Plan vision for compact, sustainable growth.
Per the City's Growth Management Program:
o Facilitate development of higher density, affordable, and
compact development by allowing withdrawals from the City's
Excess Dwelling Unit Bank (see Section 4 for further details)
only for certain qualifying projects; these projects include
transit-oriented/smart growth developments, senior and
affordable housing, and density bonus requests.
o Encourage infill development in urbanized areas before
allowing extensions of public facilities and improvements to
areas which have yet to be urbanized.
P, BCE
The Village and Barrio are designated as a
"smart growth opportunity site" on SANDAG's
Smart Growth Concept Map. In 2010, the city
applied for (but did not receive) grant funding to
prepare a "smart growth" land use study and
area plan for the Barrio. Land use planning for
the Barrio is underway as part of the
comprehensive general plan and zoning
ordinance update, which is expected to be
completed in 2013. A master plan for Quarry
Creek, another designated potential smart
growth opportunity site, was submitted in late
2010 and is currently in review.
The City continues to make available excess
dwelling units for qualifying projects (also see
program 3.2 below). In 2010, no projects
received an allocation from the Excess Dwelling
Unit Bank.
8
Part 2 - Program Implementation Status - January 2010 through December 2010
!^IIIM
Program Descriptioriiij illHIP*/MiaMI!iments
Inclusionary
Housing
Ordinance
3.1
The City will continue to implement its Inclusionary Housing Ordinance
that requires 15 percent of all residential units within any Master
Plan/Specific Plan community or other qualified subdivision (currently
seven units or more) be restricted and affordable to lower income
households. This program requires an agreement between all
residential developers subject to this inclusionary requirement and the
City which stipulates:
• the number of required lower income inclusionary units;
• the designated sites for the location of the units;
• a phasing schedule for production of the units; and
• the term of affordability for the units.
For all subdivisions of fewer than seven units, payment of a fee in lieu
of inclusionary units is permitted. The fee is based on a detailed study
that calculated the difference in cost to produce a market rate rental
unit versus a lower-income affordable unit. As of September 1, 2006,
the in-lieu fee per market- rate dwelling unit was $4,515. The fee
amount may be modified by the City Council from time-to-time and is
collected at the time of building permit issuance for the market rate
units. The City will continue to utilize inclusionary in-lieu fees collected
to assist in the development of affordable units..
The City will also continue to consider other in-lieu contributions
allowed by the Inclusionary Housing Ordinance, such as an
irrevocable offer to dedicate developable land.
P, HNS
To comply with recent case law (Palmer/Sixth
Street Properties, LP. v. City of Los Angeles),
the City amended its inclusionary housing
requirements. The amendment, which results
in only minor changes, is primarily needed to
clarify that inclusionary requirements apply to
rental projects only if the project developer
agrees by contract to limit rent as
consideration for a "direct financial
contribution" or any other forms of assistance
specified in density bonus law. Subject to the
limitations imposed by Palmer, the proposed
amendment does not interfere with the
ongoing implementation of inclusionary
housing requirements and based on previous
development trends will not significantly
impact affordable housing production.
In 2010, the in-lieu fee per market rate
dwelling unit remained at $4,515.
Excess
Dwelling Unit
Bank
3.2
The City will continue to maintain, monitor and manage the Excess
Dwelling Unit Bank, composed of "excess units" anticipated under the
City's Growth Management Plan, but not utilized by developers in
approved projects. The City will continue to make excess units
available for inclusion in other projects using such tools as density
transfers, density bonuses and changes to the General Plan land use
designations per Council Policy Statement 43.
Based on analysis conducted in Section 4, Constraints and Mitigating
Opportunities, the City has adequate excess dwelling units to
accommodate the remaining RHNA of 2,395 units for lower and 1,171
units for moderate income households, which would require withdrawal
of 2,830 units from the Excess Dwelling Unit Bank.
Through its continued implementation of the
Growth Management Plan, the City tracks
development and the Excess Dwelling Unit
Bank in its monthly Development Monitoring
Report. According to the December 2010
report, the excess unit balance is 3,012 dwelling
units. These units are available for qualifying
projects which include affordable housing and
density bonuses.
Part 2 - Program Implementation Status - January 2010 through December 2010
ill^^
llSffinS
Density
Bonus
City-Initiated
Development
3.3
3<
: "-. .,-•„: ,vN,aiiiif iSijllll^i^;'rv : : . •iiiif»^^
In 2004, the State adopted new density bonus provisions (SB 1818)
that went into effect on January 1, 2005. Consistent with the new
State law (Government Code sections 65913.4 and 65915), the City
will continue to offer residential density bonuses as a means of
encouraging affordable housing development. In exchange for setting
aside a portion of the development as units affordable to lower and
moderate income households, the City will grant a bonus over the
otherwise allowed density, and up to three financial incentives or
regulatory concessions. These units must remain affordable for a
period of 30 years and each project must enter into an agreement with
the City to be monitored by the Housing and Redevelopment
Department for compliance.
The density bonus increases with the proportion of affordable units set
aside and the depth of affordability (e.g. very low income versus low
income, or moderate income). The maximum density bonus a
developer can receive is 35 percent when a project provides 11
percent of the units for very low income households, 20 percent for low
income households, or 40 percent for moderate income households.
Financial incentives and regulatory concessions may include but are
not limited to: fee waivers, reduction or waiver of development
standards, in-kind infrastructure improvements, an additional density
bonus above the requirement, mixed use development, or other
financial contributions.
The City, through the Housing and Redevelopment Department, will
continue to work with private developers (both for-profit and non-profit)
to create housing opportunities for low, very low and extremely low
income households.
0
0
P, HNS
P, HNS
:-:K*»gfil;fliS!|;l«'I'!-^
The City continues to provide information and
work with developers to assist them in creating
additional housing opportunities for lower
income households.
( T\10
Part2 - Program Implementation Status-January 2010 through December2010
jiiiii!^
BJillteifei^';^
HE
Program;
; Programi,
Affordable
Housing
Incentives
3.5
The City uses Redevelopment Housing Set-Aside Funds and Housing
Trust Funds to offer a number of incentives to facilitate affordable
housing development. Incentives may include:
• Payment of public facility fees;
• In-kind infrastructure improvements, including but not limited to
street improvements, sewer improvements, other infrastructure
improvements as needed;
• Priority processing, including accelerated plan-check process, for
projects that do not require extensive engineering or
environmental review; and
• Discretionary consideration of density increases above the
maximum permitted by the General Plan through review and
approval of a Site Development Plan (SDP).
P, HNS,
F
The City continues to offer incentives to facilitate
affordable housing.
Land
Banking 3.6
The City will continue to implement a land banking program to acquire
land suitable for development of housing affordable to lower and
moderate income households. The Land Bank may accept
contributions of land in-lieu of housing production required under an
inclusionary requirement, surplus land from the City or other public
entities, and land otherwise acquired by the City for its housing
programs. This land would be used to reduce the land costs of
producing lower and moderate income housing by the City or other
parties.
The City has already identified a list of nonprofit developers active in the
region. When a City-owned or acquired property is available, the City
will solicit the participation of these nonprofits to develop affordable
housing. Affordable Housing Funds will be made available to facilitate
development and the City will assist in the entitlement process.
O CED,
HNS
Housing Trust
Fund 3.7
The City will continue to maintain the various monies reserved for
affordable housing, and constituting the Housing Trust Fund, for the
fiduciary administration of monies dedicated to the development,
preservation and rehabilitation of housing in Carlsbad. The Trust Fund
will be the repository of all collected in-lieu fees, impact fees, housing
credits and related revenues targeted for proposed housing as well as
other local, state and federal funds.
HNS, F
The City continues to maintain the Housing
Trust Fund, which had an available balance of
approximately $13.5 million as of January 2011.
11
Part 2 - Program Implementation Status - January 2010 through December 2010
Program
Section 8
Housing
Choice
Vouchers
3.8
The Carlsbad Housing Authority will continue to operate the City's
Section 8 Housing Choice Voucher program to provide rental
assistance to very low income households.
O HNS The Housing Authority continues to operate
Section 8 Housing Choice Voucher Program.
Mortgage
Credit
Certificates
3.9
The City participates in the San Diego Regional Mortgage Credit
Certificate (MCC) Program. By obtaining a MCC during escrow, a
qualified homebuyer can qualify for an increased loan amount, The
MCC entitles the homebuyer to take a federal income tax credit of 20
percent of the annual interest paid on the mortgage. This credit
reduces the federal income taxes of the buyer, resulting in an increase
in the buyer's net earnings.
0 HNS The City continues to participate in MCC
Program with 2 certificates issued in 2010.
Senior
Housing 3.10
The City will continue to encourage a wide variety of senior housing
opportunities, especially for lower-income seniors with special needs,
through the provision of financial assistance and regulatory incentives
as specified in the City's Senior Housing Overlay zone. Projects
assisted with these incentives will be subjected to the monitoring and
reporting requirements to assure compliance with approved project
conditions.
In addition, the City has sought and been granted Article 34 authority by
its voters to produce 200 senior-only affordable housing units. The City
would need to access its Article 34 authority only when it functions as
the owner of the project, where the City owns more than 51 percent of
the development.
P, HNS
The city continues to encourage senior housing
opportunities through financial assistance and
regulatory incentives.
Housing for
Persons with
Disabilities
3.11
The City will adopt an ordinance to establish a formal policy on offering
reasonable accommodations to persons with disabilities with regard to
the construction, rehabilitation, and improvement of housing. The
ordinance will specify the types of requests that may be considered
reasonable accommodation, the procedure and reviewing/approval
bodies for the requests, and waivers that the City may offer to facilitate
the development and rehabilitation of housing for persons with
disabilities.
P, BCE
In 2010, a zoning ordinance amendment to
remove the definition of "family" was adopted by
the City Council, and is currently pending
approval by the Coastal Commission. The
reasonable accommodations zoning ordinance
amendment was drafted in 2010 and
recommended for approval by the Planning
Commission on Jan. 19, 2011 and is scheduled
for a City Council hearing on March 22, 2011.
Housing for
Large
Families
3.12
In those developments that are required to include 10 or more units
affordable to lower-income households, at least 10 percent of the lower
income units should have three or more bedrooms. This requirement
does not pertain to lower-income senior housing projects.
The City continues to implement this program
as part of its inclusionary housing ordinance.
In 2010, no permits for inclusionary units were
issued.
12
Part 2 - Program Implementation Status - January 2010 through December 2010
mWralWy'tt!:;:'";l!Miii
Farm Labor
Housing 3.13
Pursuant to the State Employee Housing Act, the City permits by right
employee housing for six or fewer in all residential zones where a
single-family residence is permitted. Farm labor housing for 12 persons
in a group quarters or 12 units intended for families is permitted by right
on properties where agricultural uses are permitted. In 2004, the City
amended the Zoning Code to conditionally permit farm labor housing for
more than 12 persons in a group quarters or 12 units/spaces for
households in the E-A, 0, C-1, C-2, C-T, C-M, M, P-M, P-U, O-S, C-F
and C-L zones.
CED, P
A zoning ordinance amendment to comply with
Health and Safety Code Sec. 17021.6 has been
drafted and is currently under internal review.
Staff anticipates that Planning Commission and
City Council hearings will occur in 2011.
Housing for.
the Homeless 3.14
Carlsbad will continue to facilitate the acquisition, for lease or sale, of
suitable sites for emergency shelters and transitional housing for the
homeless population. This facilitation will include:
• Participating in a regional or sub-regional summit(s) including
decision-makers from North County jurisdictions and SAN DAG for
the purposes of coordinating efforts and resources to address
homeless ness;
• Assisting local non-profits and charitable organizations in securing
state and federal funding for the acquisition, construction and
management of shelters;
• Continuing to provide funding for local and sub-regional homeless
service providers that operate temporary and emergency shelters;
and
• Identifying a specific zoning district in the City where emergency
shelters will be permitted by right, with the following criteria:
o The appropriate zoning district wili offer easy access to public
transportation and supportive services,
o The zoning district should also contain adequate vacant and
underutilized sites or building that can be converted to
accommodate emergency shelters.
CED, P
A zoning ordinance amendment to permit
emergency shelters by right in the Planned
Industrial Zone has been drafted and is
currently under internal review. Staff anticipates
that Planning Commission and City Council
hearings will occur in 2011.
In 2010, the City received an application to
expand the existing La Posada de Guadalupe
homeless shelter from a temporary 50 bed
facility to a permanent 100 bed facility.
Currently under review, staff anticipates the
application will be scheduled for a Planning
Commission hearing in 2011. In addition, the
City has committed $2,000,000 in financial
support for the La Posada de Guadalupe
expansion from money collected through its
Agricultural Mitigation Fee program. Also, the
City provides CDBG/HOME money toward
operation of the facility in annual amounts
ranging between $5,000 and $17,500.
C'
13
Part 2 - Program Implementation Status - January 2010 through December 2010
lillpli!r!= <•(•"»"' :*fV!*i"- •.',''•''-'- ••••••SIRrogpam ••;•,
.Housing for
the Homeless
(Continusd)
Transitional
and
Supportive
Housing
Services for
Homeless and
Special
Needs
Groups
Alternative
Housing
ciPrbgrarri
< ::l :,••,# + . ff*l\
3.14
3.15
3 4 C
.lO
3.17
^v^;:::il!!j|ili|!lllillSIS|i: '. :: '":"•• ^,;:0lffiji?'9 i'v/' :;'>;..,' ^'iSlifPI-',
liliilf $!*;-l^^^ -- : :d!Silillillll!SN^:*':'-;; .. .
o Besides being subject to the same development standards
applied to other development in the specified zoning district,
the City will establish objective development standards to
regulate the following: 1) the maximum number of
beds/persons permitted to be served nightly; 2) off-street
parking based on demonstrated need, but not to exceed
parking requirements for other residential or commercial uses
in the same zone; 3) The size/location of exterior and interior
onsite waiting and client intake areas; 4) The provision of
onsite management; 5) The proximity of other emergency
shelters, provided that emergency shelters are not required to
be more than 300 feet apart; 6) The length of stay; 7) Lighting;
and 8) Security during hours that the emergency shelter is in
operation.
Currently, the City's Zoning Ordinance does not address the provision
of transitional housing and supportive housing. The City will amend the
Zoning Ordinance to clearly define transitional housing and supportive
housing. When such housing is developed as group quarters, they
should be permitted as residential care facilities. When operated as
regular multi-family rental housing, transitional and supportive housing
should be permitted by right as a multi-family residential use in multi-
family zones.
The City will continue to provide CDBG funds to community, social
welfare, non-profit and other charitable groups that provide services for
those with special needs in the North County area.
Furthermore, the City will work with agencies and organizations that
receive CDBG funds to offer a City Referral Service for homeless
shelter and other supportive services.
The City will continue to implement its Second Dwelling Unit Ordinance
(Section 21.10.015 of the Carlsbad Municipal Code) and will continue to
consider alternative types of housing, such as hotels and managed
living units.
' • -(Will
I
P
P
jkiJH* fi^m-.
CED, P
P
P, HNS
,•: ••!*i;:$i!!Sil;!»!H!-';' : • :/ ;;,lil! |p!i;K'!; ' \ ,' .illpHlii'
iijiiililpfeK^ '-• ' ' :;;<5brni]nieols:" "khlfllilllllfil: :
The City anticipates it will initiate an ordinance
amendment in 201 1 to address the provision of
transitional and supportive housing.
In 2010, the City provided CDBG assistance to
13 social service providers in North County and
serves as a referral agency for homeless
shelters and support services.
The City continues to implement the Second
Dwelling Unit Ordinance and consider
alternative types of housing. In 2010, building
permits were issued for four second dwelling
units.
14
Part 2 - Program Implementation Status - January 2010 through December 2010
HousingiiEJement W ftfif>
HE ,, ,)
Program' '
c Program1 #Description
Dept/
Div
Military and
Student
Referrals
3.18
The City will assure that information on the availability of assisted or
below-market housing is provided to all lower-income and special needs
groups. The Housing and Redevelopment Agency will provide
information to local military and student housing offices of the
availability of low-income housing in Carlsbad.
O HNS
The City provides information on assisted and
below market housing to individuals and groups
needing that information.
Coastal
Housing
Monitoring
3.19
As a function of the building process, the City will monitor and record
Coastal Zone housing data including, but not limited to, the following:
1) The number of new housing units approved for construction within
the coastal zone after January 1,1982.
2) The number of housing units for persons and families of low or
moderate income, as defined in Section 50093 of the Health and
Safety Code, required to be provided in new housing developments
within the coastal zone.
3) The number of existing residential dwelling units occupied by
persons and families of low or moderate income that are authorized
to be demolished or converted in the coastal zone pursuant to
Section 65590 of the Government Code.
4) The number of residential dwelling units occupied by persons and
families of low or moderate income as defined in Section 50093 of
the Health and Safety Code that are required for replacement or
authorized to be converted or demolished as identified above. The
location of the replacement units, either onsite, elsewhere within the
City's coastal zone, or within three miles of the coastal zone in the
City, shall be designated in the review.
CED
1) In 2010, 10 units were permitted in the
Coastal Zone.
2) 0
3) 0
4) 0
Housing
Element
Annual Report
3.20
To retain the Housing Element as a viable policy document, the Planning
Department will undertake an annual review of the Housing Element and
schedule an amendment if required. As required, staff also monitors the
City's progress in implementing the Housing Element and prepares
corresponding reports to the City Council, SANDAG, and California
Department of Housing and Community Development annually.
O
15
Part2 - Program Implementation Status- January2010 through December2010
t.l1|it>iWill|iiilllllii!''t j, fii)H ', lITa'l?lell2.1 CY 2010^01)31119 Element(l?r(ogfam Impletrfentation Status! !< ^allli^"' «p,!r W ' A-JI '•
, HE
Program H
Fair Housing
Services
Program
H #
4.1
.... *»'r Description^1' ^^ , ! ''
With assistance from outside fair housing agencies, the City will continue
to offer fair housing services to its residents and property owners.
Services include:
• Distributing educational materials to property owners, apartment
managers, and tenants;
• Making public announcements via different media (e.g. newspaper
ads and public service announcements at local radio and television
channels);
• Conducting public presentations with different community groups;
• Monitoring and responding to complaints of discrimination (i.e. intake,
investigation of complaints, and resolution); and
• Referring services to appropriate agencies.
i
Status),
o
0ws;'
HNS
if it it'1"' Comoieshts i'ltffF '
The City contracts with a fair housing agency to
provide their services to Carlsbad residents and
property owners. Services include those listed
in the column to the left.
16
-.. CITY OF Ail Receive-Agenda ItemfegR.
CAR LSBAD\_™ \ i-*>isr^i-s CiTy
Ar.st.
Memorandum
March 22, 2011
To: City Council
From: Lisa Hildabrand, City Manager
Via Gary Barberio, Community and Economic Development Director
Re: Errata sheet for AB # 20,482 - ANNUAL HOUSING ELEMENT PROGRESS REPORT
FOR JANUARY 2010 - DECEMBER 2010
Correction:
Appendix A, page 1 (third paragraph and Table 1) incorrectly states that the current housing
element period is as follows:
January 1,2003 through December 31, 2012*
* Housing Element cycle extended from June 30,2010 to Dec. 31, 2012
This should correctly read as:
January 1, 2003 through Docombor 31, 2012 April 30.2013*
* Housing Element cycle extended from Juno 30,2010 to Doc. 31, 2012
* Per Senate Bill 575. the next Housing Element update is due no later than 18 months after
adoption of the Regional Transportation Plan (RTF). According to SANDAG. the RTP is
currently anticipated to be adopted in October 2011.
Also attached is an underline/strikethrough of Appendix A, page 1 showing the how the
changes should appear in the document.
Date: 3/3. a./f
Distribution:
CttyCterk
Asst. City Clerk
Deputy Clerk
Book
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax
ANNUAL HOUSING ELEMENT PROGRESS REPORT
Appendix A - Description of terms and methods
JANUARY 2010 THROUGH DECEMBER 2010
Regional Housing Needs - The determination of housing need for Carlsbad and all
other jurisdictions in California is derived from the Regional Housing Needs Assessment
(RHNA) prepared by the local regional councils of government (SANDAG) before the
beginning of each housing cycle. Based upon these assessments of need, the local
jurisdictions are required to adopt housing objectives in the housing elements of their
general plans.
A regional assessment of housing need is an estimate of the total need for new housing
construction throughout the region due to population growth forecasted to occur during
a specific time period. The overall housing need is then broken out by four income
groups: very low, low, moderate, and above-moderate (or upper-income) - all as
defined by the federal Department of Housing and Urban Development (HUD), and the
state Department of Housing and Community Development (HCD). The regional
housing needs are then allocated to the local jurisdictions on a "regional share" basis,
according to models and formulas designed by the SANDAG.
Table 1 shows Carlsbad's share of the current RHNA and is based upon housing
growth estimated by the State and SANDAG to occur in Carlsbad during the period
January 1. 2003 through Dooombor 31. 2012 April 30. 2013.
Table 1: Carlsbad's Share of the RHNA
January 1, 2003 through Docombor 3 1,2013 April 30. 2013*
Income Group
Very Low
Low
Moderate
Above-Moderate
Totals :*»?JeG
* ' f 'rtJUSbMI^Sl^Sl*
K-JllK"iUiKjia/XJ
kTOTEVITJ'i
. Definition** New Construction
(%ofAMI~) (inJs
eie
n
d
g
S
units)
50% or under 1,922
51-80% 1,460
81-120% 1,583
Over 120% 3,41 1
I 8,376
if uodate Is due no liter thin 18 months after adootlon of the Raptynal
RTF). Aceordina to SANDAQ. the RTF la currently anticluatsd fo be
" Definitions are from HUD, via trie California Department of Housing and Community Development
''•*!•' .*'"A^fKj?* AfS?8?«?'i Income. The 2010 AMI for San Diego-Cartsbad-San Marcos MSA fora
.iv.:,:'\ • )•' ,(* . if'Ji
' -on 3 BlBESTORIGINAL
1 PLANNING COMMISSION RESOLUTION NO. 6779
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A GENERAL PLAN AMENDMENT TO
4 REVISE THE TIME FRAMES OF PROGRAM 2.1 OF THE
2005-2010 HOUSING ELEMENT PROGRAMS.
CASE NAME: HOUSING ELEMENT PROGRAM 2.1
6 CASE NO: GPA11-04
7 WHEREAS, the City Council on April 26, 2011, passed Resolution 2011-068,
o
declaring its intention to amend Program 2.1 of the 2005-2010 Housing Element "Objectives and
9 Time Frame" to provide updated timelines for implementation of the actions set forth therein
10
regarding adequate sites, all to be accomplished within the extended 2005-2010 housing element
11
cycle; and
13 WHEREAS, in Resolution 2011-068, the City Council also directed the Planning
14 Director to prepare recommendations for the updated timelines; and
15 WHEREAS, consistent with Council direction, the Planning Director has filed a
verified application affecting property citywide; and
17
WHEREAS, said verified application constitutes a request for a General Plan
18
Amendment as shown on Exhibit "X" dated July 6, 2011, attached hereto and on file in the
20 Carlsbad Planning Department, HOUSING ELEMENT PROGRAM 2.1 - GPA 11-04, as
21 provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad
22 Municipal Code; and
23 WHEREAS, the amendment is necessary to ensure compliance with a recent San
24
Diego Superior Court ruling; and
25
WHEREAS, the Planning Commission did, on July 6, 2011, hold a duly noticed26
27 public hearing as prescribed by law to consider said request;
28
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
3
relating to the General Plan Amendment.
4
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission of the City of Carlsbad, as follows:
7 A) That the above recitations are true and correct.
° B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of HOUSING ELEMENT PROGRAM 2.1 -
GPA 11-04, based on the following findings:
10
Findings:
11
. The proposed amendment to Program 2.1 time frames is minor and necessary to address
the recent San Diego Superior Court finding in Friends ofAviara vs. City of Carlsbad. It
j 3 maintains consistency with the parts of the General Plan not proposed for amendment.
The amendment accomplishes this by simply revising the time frames for completion of
14 the various program actions within the current housing cycle, as extended. These actions
serve to provide sites for lower and moderate income housing and are necessary for the
City to meet its share of the Regional Housing Needs Assessment as identified in
Housing Element Table 3-12.
2. By simply revising time frames to accomplish land use actions within the current housing
cycle, as extended, the proposed amendment maintains consistency with Land Use
18 Element Residential Policy C.I, which directs the City to encourage the provision of low
and moderate income housing to meet Housing Element objectives, and Housing Element
Goal 2, which states, "new housing developed with diversity of types, prices, tenures,
„„ densities, and locations, and in sufficient quantity to meet the demand of anticipated city
and regional growth."
21 3. The proposed amendment establishes time frames for the Program 2.1 land use actions to
22 ensure consistency will be achieved between the Housing Element and the other elements
of the General Plan, such as the Land Use Element.
23
4. The proposed amendment also maintains consistency with a purpose of the Housing
Element which is "...to provide the City with a coordinated and comprehensive strategy
25 for promoting the production of safe, decent, and affordable housing within the
community.
26
27
28
PC RESO NO. 6779 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 6, 2011, by the following vote, to
wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, and Siekmann
ABSENT: Commissioner Scully
ABSTAIN:
STEPHErTttHXP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6779 -3-U ':
GPA11-04
Exhibit "X"
July6, 2011
Program 2.1 with Proposed Revisions
Program 2.1: Adequate Sites
The City will continue to monitor the absorption of residential acreage in all
densities and, if needed, recommend the creation of additional residential acreage
at densities sufficient to meet the City's housing need for current and future
residents. Any such actions shall be undertaken only where consistent with the
Growth Management Plan.
In order to ensure that adequate residential acreage at appropriate densities is
available to meet the City's Regional Housing Needs Assessment (RHNA) the
City will implement the following objectives:
• The City shall process a general plan amendment(s) to redesignate a
minimum net acreage of each site in Table 6-1 to RH and require that
the redesignated sites be developed at a minimum density of 20 units per
acre. As part of this program, the City shall also process all necessary
amendments to the Zoning Ordinance and other planning documents,
such as master or specific plans.
Table 6-1
General Plan Amendment (RH): Ponto and Quarry Creek
Property
Ponto
Quarry Creek
Commercial
Mixed Use Ponto
APN
216-140-17
Portions of 167-040-21
Portion of 216-140-18
Approximate Minimum
Acres to be
Redesignated to RH
6.4
15.0
2.8
Density
Yield
128
300
28
The City shall process a general plan amendment(s) to redesignate a
minimum net acreage of each site in Table 6-2 to RMH and require that
the redesignated site be developed at a minimum density of 12 units per
acre. As part of this program, the City shall also process all necessary
City of Carlsbad
2005-2010 Housing Element 6-6
Housing Plan
amendments to the Zoning Ordinance and other planning documents,
such as master or specific plans.
Table 6-2
General Plan Amendment (RMH): Quarry Creek
Property
Quarry Creek
APN
Portions of 167-040-21
Approximate Minimum
Acres to be
Re-designated to RMH
17
Density
Yield
200
• The City shall process general plan amendments to establish minimum
densities of 12 units per acre and 20 units per acre for the RMH and RH
land use designations, respectively, except for those RH designated
properties in the Beach Area Overlay Zone.
• The City shall process amendments to the Village Redevelopment Master
Plan and Design Manual and/or other planning documents as necessary to
establish, for residential projects and mixed use projects with residential
components within the Village Redevelopment Area, minimum densities
equal to 80% of the maximum of the density range. For land use districts
1-4 (density range of 15 - 35 units per acre), as specified in the
Carlsbad Village Redevelopment Master Plan and Design Manual, 80%
shall be 28 units per acre. For land use districts 5-9 (density range of 15
- 23 units per acre), 80% shall be 18 units per acre. Furthermore, the
City shall approve modifications to development standards of the Carlsbad
Village Redevelopment Master Plan and Design Manual if a project
satisfactorily demonstrates as determined by the City that such
modifications are necessary to achieve the minimum densities.
• The City shall process amendments to the general plan and zoning
ordinance and process other planning documents as necessary to
establish and permit the minimum densities, areas, and land uses as
described in Section 3 and specified in Tables 3-4, 3-6 and 3-9 for the
Barrio Area.
• The City shall amend its zoning ordinance, general plan, and other land
use documents as necessary to permit residential in a mixed use format
on shopping center sites and commercial areas with a General Plan
designations of "CL" and "R" and zoning designations of "C-L," "C-l" and
"C-2," and/or other general plan and zoning designations as appropriate.
Mixed use residential on shopping center and commercial sites shall be at
a minimum density of 20 units per acre.
• The City will encourage the consolidation of small parcels in order to
facilitate larger-scale developments. Specifically, the City will make
available an inventory of vacant and underutilized properties to interested
developers, market infill and redevelopment opportunities throughout the
City of Carlsbad
2005-2010 Housing Element 6-7
\£>L
Housing Plan
City, particularly in the Village Redevelopment Area and proposed Barrio
Area, and meet with developers to identify and discuss potential project
sites.
For the Barrio Area, incentives shall be developed to encourage the
consolidation of parcels and thus the feasibility of affordable housing.
These incentives shall include increased density and other standards
modifications.
To facilitate development in the Village Redevelopment Area, modification
of standards (including increased density) are permitted for affordable
housing, "green" buildings, and projects which meet the goals and
objectives of the Village (which include residential and mixed use
developments). In addition, the City offers offsets to assist in the
development of affordable housing citywide. Offsets include concessions
or assistance including, but not limited to, direct financial assistance,
density increases, standards modifications, or any other financial, land
use, or regulatory concession which would result in an identifiable cost
reduction. The City will also encourage lot consolidation by assisting in
site identification.
Funding: Departmental budget
Lead Agency: Housing and Redevelopment Department, Planning
Department
Objectives and Time Frame:
• Provide adequate residential sites to ensure compliance with the
adequate sites requirements of AB 2348 for meeting the Regional
Housing Needs Assessment (RHNA) for the 2005-2010 planning period.
• Amendments to the general plan, zoning ordinance, and other land use
documents necessary to effectuate the density changes and other
Program components above shall be implemented by October 2000
September 2012, except for Quarry Creek, Ponto, and the Barrio Area.
• Since they require extensive legislative and environmental actions
(e.g., preparation and adoption of a master plan, Local Facilities
Management Plan, and environmental impact report) general plan and
zoning amendments for Quarry Creek, Ponto, and the Barrio Area shall
be implemented by May 2010 February 2013.
City of Carlsbad
2005-2010 Housing Element 6-8
EXHIBIT 4
MOi Sl.NC; COMMISSION RESOLUTION NO. 2011-002
\ RI-SOM IION, o[ Nil HOI'SfMi COMMISSION OF THK
cm 01 t \K1SB\I). CM 11-GRNlA. RHCOMMRND1NCJ
\PPRO\.\i 01 MINOR CIIAN'Cil-S 1 () PROGRAM 2.1 OF
Hit 200."-.!li!0)K>rslNUH I-MI-M.
i \Sf \ \\11 : 1101 SIN<i hl.hMKNT PROCiRAM 2.1
(. \Sl \O ^\jj_-04
WlHiRl-.'AS, the City Council of the City of Carlsbad on April 26. 2011. passed
Resolution 20M-068, declaring its intention to amend Program 2.1 of the 2005-2010 Housing
I Jemem "Objectives and Time Frame" to provide updated timelines for implementation of the
uciions set lorlh therein regarding adequate sites, all to be accomplished within the extended
2005-2010 housing element c\ c!e; and I
Wlll-Rl-AS, in Resolution 2011-068. the City Council also directed the Planning ]
Director to prepare recommendations for the updated timelines; and i
\\II1-K1-.AS. eonsisteni with Council direction, the Planning Director has i
prepared General Plan Amcndmem tGPA 11-04} pursuant to Section 21.52.150 of the Carlsbad
Mjmc;pa! Code, and :
Wf ii-Ri:AS. the amendment is necessary to ensure compliance with a recent San j
Diego Superior Court ruling; and
\VHl-RJiAS, a Housing Commission responsibility is to recommend on proposed
ainukhiienis to the general plan housing element, and related strategies or programs; and ii
\VHhKI-AS. the Housing Commission did, on May 12. 2011. hold a public |
tiKvimg as prescribes.! b> law to consider .said amendment; and :
\VII1 Rl-.AS. al said pubhe meeting, upon hearing and considering ail testimony |
,;;al arguments. ii\iii\. ol uli persons desiring 10 be heard, said Commission considered ail factors >
ickiimg 10 the amendment to Housing I'lement Program 2.!.
!•< kl NO! I I K)\ .SO. 2(>l 1-OOX
COPY
14
NOW, THEREFORE. BE IT HEREBY RKSOLVED by the Housing
C'onsmissiim of the City of Carlsbad. California, as follows;
A) That the foregoing recitations are true and correct.
B) I'hat based on the information provided within the Housing Commission staff
report and testimony and arguments, if arty, presented during the public meeting
of the I lousing Commission on May 12, 2011, the Housing Commission hereby
ADOPTS Resolution No. 2010-OOX, recommending APPROVAL to the City
Council of the amendment to Housing Element Program 2.1 as shown in Exhibit
A attached hereto and based upon the findings contained herein.
Findings:
1. 1 he amendment to Housing Element Program 2.1 is minor and necessary to comply with
a recent San Diego Superior Court decision in Friends ofAvian'i v. City of Carlsbad,
2. The amendment to Housing Element Program 2.1 maintains consistency with the
Housing Element, (km! 2 ("New housing developed with diversity of types, prices,
tenures, densities, and locations, and in sufficient quantity to meet the demand of
anticipated city anci regional growth.") by simply revising the time frames for completion
of the various program actions within the current housing cycle, as extended.
X
I.)
iU
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing
Cumini-isum uf the C'it> of Carlsbad. California, held on the 12lh day of May 2011, by the
inti, vote. to vvil:
AY1-.S: BRADWI-:i.L KIRK AND SMITH
NU1-:S: NONh
AliSl-NT: IGOE AND WRISLEY
AIJSTAIN: NONE
t.,
SMI Hi. CHAIRPERSON
CAR I SHAD IKH SING COMMISSION
-4rV7 Di BORAH k 11)1'MAIS
/ iK'i SING \M) KH)I Yhl OPMhN'l DiRFC'l'OR
17
18 i 1C RKSULl i'T'ION NO. 2011 -002
PAGI-; 3
'D
Exhibit A to Housing Commission Resolution 2011-002
Program 2.1: Adequate Sites
The City will continue to monitor the absorption of residential acreage in all
densities and, if needed, recommend the creation of additional residential acreage
at densities sufficient to meet the City's housing need for current and future
residents. Any such actions shall be undertaken only where consistent with the
Growth Management Plan.
In order to ensure that adequate residential acreage at appropriate densities is
available to meet the City's Regional Housing Needs Assessment (RHNA) the
City will implement the following objectives:
• The City shall process a general plan amendment(s) to redesignate a
minimum net acreage of each site in Table 6-1 to RH and require that
the redesignated sites be developed at a minimum density of 20 units per
acre. As part of this program, the City shall also process all necessary
amendments to the Zoning Ordinance and other planning documents,
such as master or specific plans.
Table 6-1
General Plan Amendment (RH): Ponto and Quarry Creek
Property
Ponto
Quarry Creek
Commercial
Mixed Use Ponto
APN
216-140-17
Portions of 167-040-21
Portion of 216-140-18
Approximate Minimum
Acres to be
Redesignated to RH
6.4
15.0
2.8
Density
Yield
128
300
28
The City shall process a general plan amendment(s) to redesignate a
minimum net acreage of each site in Table 6-2 to RMH and require that
the redesignated site be developed at a minimum density of 12 units per
acre. As part of this program, the City shall also process all necessary
City of Carlsbad
2005-2010 Housing Element 6-6
—1
Housing Plan
amendments to the Zoning Ordinance and other planning documents,
such as master or specific plans.
Table 6-2
General Plan Amendment (RMH): Quarry Creek
Property
Quarry Creek
APN
Portions of 167-040-21
Approximate Minimum
Acres to be
Re-designated to RMH
17
Density
Yield
200
• The City shall process general plan amendments to establish minimum
densities of 12 units per acre and 20 units per acre for the RMH and RH
land use designations, respectively, except for those RH designated
properties in the Beach Area Overlay Zone.
• The City shall process amendments to the Village Redevelopment Master
Plan and Design Manual and/or other planning documents as necessary to
establish, for residential projects and mixed use projects with residential
components within the Village Redevelopment Area, minimum densities
equal to 80% of the maximum of the density range. For land use districts
1-4 (density range of 15 - 35 units per acre), as specified in the
Carlsbad Village Redevelopment Master Plan and Design Manual, 80%
shall be 28 units per acre. For land use districts 5-9 (density range of 15
- 23 units per acre), 80% shall be 18 units per acre. Furthermore, the
City shall approve modifications to development standards of the Carlsbad
Village Redevelopment Master Plan and Design Manual if a project
satisfactorily demonstrates as determined by the City that such
modifications are necessary to achieve the minimum densities.
• The City shall process amendments to the general plan and zoning
ordinance and process other planning documents as necessary to
establish and permit the minimum densities, areas, and land uses as
described in Section 3 and specified in Tables 3-4, 3-6 and 3-9 for the
Barrio Area.
• The City shall amend its zoning ordinance, general plan, and other land
use documents as necessary to permit residential in a mixed use format
on shopping center sites and commercial areas with a General Plan
designations of "CL" and "R" and zoning designations of "C-L," "C-l" and
"C-2," and/or other general plan and zoning designations as appropriate.
Mixed use residential on shopping center and commercial sites shall be at
a minimum density of 20 units per acre.
• The City will encourage the consolidation of small parcels in order to
facilitate larger-scale developments. Specifically, the City will make
available an inventory of vacant and underutilized properties to interested
developers, market infill and redevelopment opportunities throughout the
City of Carlsbad
2005-2010 Housing Element 6-8
Housing Plan
City, particularly in the Village Redevelopment Area and proposed Barrio
Area, and meet with developers to identify and discuss potential project
sites.
For the Barrio Area, incentives shall be developed to encourage the
consolidation of parcels and thus the feasibility of affordable housing.
These incentives shall include increased density and other standards
modifications.
To facilitate development in the Village Redevelopment Area, modification
of standards (including increased density) are permitted for affordable
housing, "green" buildings, and projects which meet the goals and
objectives of the Village (which include residential and mixed use
developments). In addition, the City offers offsets to assist in the
development of affordable housing citywide. Offsets include concessions
or assistance including, but not limited to, direct financial assistance,
density increases, standards modifications, or any other financial, land
use, or regulatory concession which would result in an identifiable cost
reduction. The City will also encourage lot consolidation by assisting in
site identification.
Funding: Departmental budget
Lead Agency: Housing and Redevelopment Department, Planning
Department
Objectives and Time Frame:
• Provide adequate residential sites to ensure compliance with the
adequate sites requirements of AB 2348 for meeting the Regional
Housing Needs Assessment (RHNA) for the 2005-2010 planning period.
• Amendments to the general plan, zoning ordinance, and other land use
documents necessary to effectuate the density changes and other
Program components above shall be implemented by September 2012,
except for Quarry Creek and the Barrio Area.
• Since they require extensive legislative and environmental actions
(e.g., preparation and adoption of a master plan, Local Facilities
Management Plan, and environmental impact report) general plan and
zoning amendments for Quarry Creek and the Barrio Area shall be
implemented by February 2013.
City of Carlsbad
2005-2010 Housing Element 6-8
ERRATA SHEET FOR AGENDA ITEM #1
Memorandum
May 12, 2011
To: Housing Commission
From: Scott Donnell, Senior Planner
Re: Errata Sheet for Agenda Item ftl - Housing Element Program 2.1
Staff is recommending that the Housing Commission include the following revisions to the Objectives
and Time Frame section of Program 2.1. These revisions would revise Exhibit A to Housing Commission
Resolution 2011-002 and Exhibit 2 to the Housing Commission staff report as follows:
Exhibit A (with all proposed changes incorporated)
Objectives and Time Frame:
• Provide adequate residential sites to ensure compliance with the adequate sites requirements
of AB 2348 for meeting the Regional Housing Needs Assessment (RHNA) for the 2005-2010
planning period.
• Amendments to the general plan, zoning ordinance, and other land use documents
necessary to effectuate the density changes and other Program components above shall be
implemented by September 2012, except for Quarry Creek, Ponto, and the Barrio Area.
• Since they require extensive legislative and environmental actions (e.g., preparation and
adoption of a master plan, Local Facilities Management Plan, and environmental impact
report) general plan and zoning amendments for Quarry Creek, Ponto, and the Barrio Area
shall be implemented by February 2013.
Exhibit 2 (with all proposed changes shown)
Objectives and Time Frame:
• Provide adequate residential sites to ensure compliance with the adequate sites requirements
of AB 2348 for meeting the Regional Housing Needs Assessment (RHNA) for the 2005-2010
planning period.
• Amendments to the general plan, zoning ordinance, and other land use documents
necessary to effectuate the density changes and other Program components above shall be
implemented by September 2012 October 2009, except for Quarry Creek, Ponto, and the
Barrio Area.
• Since they require extensive legislative and environmental actions (e.g., preparation and
adoption of a master plan, Local Facilities Management Plan, and environmental impact
report) general plan and zoning amendments for Quarry Creek, Ponto, and the Barrio Area
shall be implemented by May 2010 February 2013.
EXHIBIT 5
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: July 6, 2011
Application complete date: N/A
Project Planner: Scott Donnell
Project Engineer: N/A
SUBJECT: GPA 11-04 - HOUSING ELEMENT PROGRAM 2.1 - Request for a
recommendation of approval of an Addendum to the previously adopted
Mitigated Negative Declaration and a General Plan Amendment to make minor
changes to the time frames of 2005-2010 Housing Element Program 2.1.
I. RECOMMENDATION
That the Planning Commission 1) ADOPT Planning Commission Resolution No. 6787
RECOMMENDING APPROVAL of an Addendum to the adopted Mitigated Negative
Declaration for the 2005-2010 Housing Element, and 2) ADOPT Planning Commission
Resolution No. 6779 RECOMMENDING APPROVAL of General Plan Amendment GPA 11-
04 based on the findings contained therein.
II. INTRODUCTION
On April 26, 2011, the City Council passed Resolution 2011-068, declaring its intention to
update the completion dates listed in the "Objectives and Time Frame" section of Housing
Element Program 2.1 and directing the Planning Director to study the same. Program 2.1,
labeled "Adequate Sites," identifies land use actions (e.g., General Plan and zone changes) the
City will take to make sites available for lower and moderate income housing during the current
housing cycle. "Sites" include specific properties, such as Quarry Creek and Ponto, and general
areas, such as the downtown Village and adjacent Barrio Area neighborhood.
Providing adequate sites is necessary so Carlsbad can meet its Regional Housing Needs
Assessment (RHNA) obligations, which is an estimate of housing units necessary to meet growth
projections over a certain time period, or housing cycle. These projections and how Carlsbad
meets them are discussed in detail in Housing Element Section 3 and, in particular, Table 3-12.
The current housing cycle began in 2005 and was to have ended June 30, 2010; it has been
extended through at least April 2013 to coincide with the Regional Transportation Plan update in
accord with recent legislation (SB 375 and SB 575). The Housing Element is one of seven
mandated elements of the General Plan.
The Council's declaration and direction stem from a recent San Diego Superior Court case,
Friends of Aviara vs. City of Carlsbad. After adoption of the current Housing Element in
December 2009, Friends of Aviara sued the city. The suit challenged the city's environmental
action on the project and alleged Carlsbad's Housing Element is inconsistent with other elements
of the General Plan.
O
GPA 11-04 - HOUSING ELEMENT PROGRAM 2.1
July 6, 2011
PAGE 2
In its ruling on the suit, the Court upheld the city's environmental action. It also ruled that to
comply with the California Government Code and ensure consistency between the Housing
Element and the other elements of the General Plan, Carlsbad must adopt a timeline for
implementation of the General Plan amendment actions identified in the Housing Element.
These amendment actions are all contained in Program 2.1. Among other things, these actions
would amend the General Plan Land Use Element to designate various sites at densities higher
than what the Land Use Element currently allows. For example, the program specifies raising
the minimum density of the city's Residential High Density (RH) land use designation from 15
units per acre to 20 units per acre. The state considers this and other proposed densities as
appropriate for lower and moderate income housing.
Accordingly, the City must make minor changes to Program 2.1. While this program already
establishes time frames, they must be updated. Except for the time frames, GPA 11-04 will
revise no other aspect of Program 2.1 or the Housing Element. It also proposes no development
and will not result in any land use changes. The latter will require applications and hearings that
are completely separate from this current effort.
On May 12, 2011, the Housing Commission recommended approval of GPA 11-04 to the City
Council.
Along with the recommended action on the General Plan Amendment, staff also recommends
approval of an addendum to the adopted Mitigated Negative Declaration for the Housing
Element. The recommended Addendum, an attachment to Planning Commission Resolution
6787, describes the minor revisions proposed by GPA 11-04. The Addendum also describes
minor changes to Housing Element assumptions regarding development of future affordable
housing. While the assumption changes do not require an amendment to the Housing Element,
they were noted in the city's 2010 Annual Housing Element Progress Report. This report, an
attachment to the Addendum, is mandated by the state and describes the city's progress in
meeting its housing programs and RHNA. It is presented to the City Council each year and
provided to state agencies and SANDAG.
III. PROJECT DESCRIPTION AND BACKGROUND
Throughout the current housing cycle, the City has made substantial progress in achieving its
Housing Element goals and accomplishing its programs but it has not met some of the specified
deadlines which were set when the Housing Element update was drafted. The attached Council
resolution attests to this progress.
Current Program 2.1 timeframes, found at the end of the program, state the city was to
implement the various land use actions by either October 2009 or, in the case of actions
regarding the Quarry Creek site only, May 2010. While the city did not meet these deadlines,
most program actions are in the draft stage and are expected to be accomplished within the next
two years. Therefore, the updated time frames proposing replacing "October 2009" with
"September 2012" and "May 2010" with "February 2013." The proposed dates all occur within
the extended 2005-2010 housing cycle.
Program 2.1 land use actions identified for Ponto and the Barrio Area were originally designated
for completion by October 2009. Upon further consideration of the land use actions, which are
GPA 11-04 - HOUSING ELEMENT PROGRAM 2.1
July 6, 2011
PAGE 3
similar in complexity to those actions required for Quarry Creek, their completion by the later,
February 2013 time frame is now recommended. Additionally, since preparation of Program 2.1,
the City Council has determined that Barrio Area changes should be processed as part of the
General Plan Update, a multi-year effort anticipated to conclude in spring 2013.
The changes regarding Ponto and the Barrio Area and the new timeframes proposed above
represent the extent of all revisions planned.
Carlsbad is obligated by state law to provide completion dates for its various Housing Element
programs. Although time frames are estimations, agencies that do not complete actions within
the housing cycle to provide adequate sites (as Program 2.1 proposes) are required by law to
complete them within the first year of the following cycle. If a jurisdiction fails to do so, state
Housing and Community Development Department will not certify its element for the following
cycle until the jurisdiction completes the actions necessary to make the adequate sites available.
The new time frames will fit within the current housing cycle, as extended. SB 575 legislation
enacted in 2009 requires local governments within the regional jurisdiction of the San Diego
Association of Governments (SANDAG) to adopt Housing Element revisions no later than 18
months after adoption of the first regional transportation plan update (RTF) to be adopted after
September 30, 2010. SANDAG currently estimates the updated RTF will be adopted in October
2011, which would extend the current Housing Element cycle to on or about April 1, 2013. This
date may be extended further if adoption of the RTP is delayed. At the end of the current
housing cycle, a revised Housing Element will be due.
Exhibit 1 to this staff report is the proposed Planning Commission resolution recommending
approval of the proposed changes. Exhibit X to the resolution lists Program 2.1 with the
recommended changes shown in a strike out and underline format; only the "Objectives and
Time Frame" section of the program is revised.
Carlsbad relies on Program 2.1 and proposals by private developers to make sites available so the
city can meet its RHNA obligations for lower and moderate income housing. For example,
Housing Element Section 3 counts the affordable housing component of the Bridges at Aviara
(Pontebello) proposal. In 2010, after the Housing Element was adopted by the City Council and
certified by the state, the developer of Bridges at Aviara withdrew the project, resulting in the
loss of 76 potential low income units and creating a shortfall in the city's ability to meet its
RHNA needs.
In the 2010 Annual Housing Element Progress Report, the city informed the California
Department of Housing and Community Development of the plan for addressing this deficiency.
This plan relies on other development proposals, Quarry Creek and Dos Colinas, to replace the
low income units lost by the withdrawal of the Bridges project. The description of the
developer's withdrawal of the Bridges at Aviara project and the city's plan to meet the related
deficit are described in the Addendum and on pages 3-5 of the 2010 Annual Housing Element
Progress Report. These revisions constitute a minor technical change or addition to the Housing
Element's Mitigated Negative Declaration, particularly its Project Description and Initial Study,
and appropriately documented in the proposed Addendum.
GPA 11-04 - HOUSING ELEMENT PROGRAM 2.1
July 6, 2011
PAGE 4
IV. ANALYSIS
Staff developed its approval recommendation by analyzing the proposed amendment's
consistency with General Plan elements besides the Housing Element and other General Plan
policies and programs besides Program 2.1.
Overall, the proposed amendment does not conflict with any goal, objective or policy of the
General Plan. For example, Land Use Element Residential Policy C.I directs the City to
encourage the provision of low and moderate income housing to meet Housing Element
objectives. Further, a purpose of the Housing Element is "...to provide the City with a
coordinated and comprehensive strategy for promoting the production of safe, decent, and
affordable housing within the community." Accordingly, Housing Element Goal 2 states, "new
housing developed with diversity of types, prices, tenures, densities, and locations, and in
sufficient quantity to meet the demand of anticipated city and regional growth."
The proposed revision to Program 2.1 timeframes is minor and necessary to address the recent
court finding. It maintains consistency with the parts of the General Plan not proposed for
amendment. The revision accomplishes this by simply revising the time frames for completion
of the various program actions within the current housing cycle, as extended, that serve to
provide sites for lower and moderate income housing.
Additionally, and in response to the Friends ofAviara vs. City of Carlsbad ruling, the proposed
amendment establishes time frames for the Program 2.1 land use actions to ensure consistency
will be achieved between the Housing Element and the other elements of the General Plan, such
as the Land Use Element.
V. ENVIRONMENTAL REVIEW
The recommended action is within the scope of the previously approved Mitigated Negative
Declaration (MND) for the 2005-2010 Housing Element. The revisions proposed to Program 2.1
time frames and described in the 2010 Annual Housing Element Progress Report are minor
technical changes and none of the conditions described in CEQA Guidelines Section 15162 that
require adoption of a subsequent environmental document have occurred. Therefore, the analysis
is appropriate for the Planning Commission to recommend approval of an Addendum to the
MND.
Attached to the resolution recommending approval of the Addendum are a number of exhibits,
including the adopted MND and the 2010 Annual Housing Element Progress Report.
ATTACHMENTS:
1. Planning Commission Resolution 6787
2. Planning Commission Resolution 6779
3. City Council Resolution 2011-068
1 RESOLUTION NO. 2011-068
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION
3 TO AMEND THE 2005-2010 HOUSING ELEMENT TO
4 PROVIDE UPDATED TIMELINES FOR IMPLEMENTATION
OF ACTIONS NECESSARY TO ACHIEVE GENERAL PLAN
5 CONSISTENCY
6
WHEREAS, on December 22, 2009, the City Council adopted Resolution No.
7
2009-322 approving General Plan Amendment GPA 03-02, the 2005-2010 Housing8
„ Element, and the related Mitigated Negative Declaration; and
10 WHEREAS, the adopted Housing Element set forth programs to be utilized to
11 provide housing for all economic segments of the community, including those with low
12 and moderate incomes, in order to meet the City's share of the Regional Housing
13 Needs Assessment; and
14 WHEREAS, in compliance with Government Code Section 65583(c) the Housing
Element identifies actions in Program 2.1 that will be taken to make sites available for
16
housing during the planning period that could not be accommodated on sites identified
17
in the inventory, each with a timeline for implementation, as follows:
18
jo • The City shall process a General Plan amendment(s) to redesignate a
minimum net acreage of each site in Table 6-1 to RH and require that the
20 redesignated sites be developed at a minimum density of 20 units per acre.
As part of this program, the City shall also process all necessary amendments
21 to the Zoning Ordinance and other planning documents, such as master or
specific plans;
22
• The City shall process a General Plan amendment(s) to redesignate a
minimum net acreage of each site in Table 6-2 to RMH and require that the
24 redesignated site be developed at a minimum density of 12 units per acre. As
part of this program, the City shall also process all necessary amendments to
25 the Zoning Ordinance and other planning documents, such as master or
specific plans;
26
• The City shall process General Plan amendments to establish minimum
27 densities of 12 units per acre and 20 units per acre for the RMH and RH land
28
1 use designations, respectively, except for those RH designated properties in
the Beach Area Overlay Zone;
2
- The City shall process amendments to the Village Redevelopment Master
Plan and Design Manual and/or other planning documents as necessary to
4 establish, for residential projects and mixed use projects with residential
components within the Village Redevelopment Area, minimum densities equal
5 to 80% of the maximum of the density range. For land use districts 1 - 4
(density range of 15 - 35 units per acre), as specified in the Carlsbad Village
6 Redevelopment Master Plan and Design Manual, 80% shall be 28 units per
acre. For land use districts 5 - 9 (density range of 15 - 23 units per acre), 80%
7 shall be 18 units per acre. Furthermore, the City shall approve modifications
to development standards of the Carlsbad Village Redevelopment Master
Plan and Design Manual if a project satisfactorily demonstrates as
determined by the City that such modifications are necessary to achieve the
minimum densities;
10
The City shall process amendments to the General Plan and Zoning
Ordinance and process other planning documents as necessary to establish
and permit the minimum densities, areas, and land uses as described in
Section 3 and specified in Tables 3-4, 3-6 and 3-9 for the Barrio Area;
• The City shall amend its Zoning Ordinance, General Plan, and other land use
14 documents as necessary to permit residential in a mixed use format on
shopping center sites and commercial areas with General Plan designations
15 of "CL" and "R" and zoning designations of "C-L", "C-1" and "C-2", and/or
other General Plan and zoning designations as appropriate. Mixed use
16 residential on shopping center and commercial sites shall be at a minimum
density of 20 units per acre.
WHEREAS, the City included in the adopted Housing Element timelines forlo
19 implementation to achieve General Plan consistency for each of the actions in Program
20 2.1, as follows:
21 • "Program components above shall be implemented by October 2009, except
for Quarry Creek. General Plan and zoning amendments for Quarry Creek22
WHEREAS, achievement of these actions will provide internal consistency with
shall be processed by May 2010"; and
23
24 the other elements of the City's General Plan; and
25 "
26
27
28
1 WHEREAS, the State Department of Housing and Community Development
2 certified the adopted Housing Element on March 30, 2010, finding it "...in full
3 compliance with State housing element law (Article 10.6 of the Government Code)"; and
4 WHEREAS, throughout the current housing cycle the City has made substantial
5
progress in achieving its Housing Element goals and accomplishing its Programs; and
6
WHEREAS, SB 575 legislation enacted in 2009 requires revisions of the housing
7
element for local governments within the regional jurisdiction of the San Diego8
9 Association of Governments (SANDAG) to be adopted no later than 18 months after
10 adoption of the first regional transportation plan update ("RTP") to be adopted after
11 September 30, 2010; and
12 WHEREAS, the current 4th revision housing cycle is scheduled to end no sooner
13 than April 2013 and may be extended further if adoption of the RTP is delayed; and
14 WHEREAS, on March 22, 2011, the City Council approved the Housing Element
annual progress report, including a notation that the Pontebello/Bridges at Aviara
16
project previously identified was withdrawn and identifying additional affordable units in
17
the Cantarini/Holly Springs and Quarry Creek projects; and
18
WHEREAS, in 2010, the City aided two households with home repair loans in
20 accordance with Program 1.4, which directs the City to provide assistance to primarily
21 lower-income and special needs homeowners so they can rehabilitate deteriorating
22 housing; and
23 WHEREAS, in 2008, in accordance with Program 2.1, the City developed
24 inventories of vacant and underutilized properties in the Village and Barrio areas, and
25 amended various development standards in the Carlsbad Village Master Plan and
26
27
28
1 Design Manual to provide flexibility in those standards to facilitate the achievement of
2 higher density residential projects; and
3 WHEREAS, also in accordance with Program 2.1, the City maintains a monthly
4 "Real Estate Hot Sheet" that lists properties for lease and for sale in the Village area;
5
and
6
WHEREAS, in 2010, the City also drafted ordinances and text revisions as part
7
of planned amendments to the General Plan, Zoning Ordinance, and other documents;8
9 these efforts, prepared to implement part or all of various Housing Element programs,
10 including 2.1, 2.3, 3.13, and 3.14, will be completed within the current Housing Element
11 cycle; and
12 WHEREAS, in 2007 the City, in accordance with Program 2.2 amended various
13 development standards in the Zoning Ordinance Chapters 21.44, 21.45, and 21.82, and
14 in the Carlsbad Village Master Plan and Design Manual to provide flexibility in those
standards to facilitate the achievement of higher density residential projects; and
16
WHEREAS, to implement objectives of Program 2.4 encouraging energy
17
conservation, the Housing and Redevelopment Commission, on November 20, 2007,18
adopted revisions to the Village Master Plan and Design Manual to permit development
20 standard modifications if necessary to enable a development to qualify for a silver level
21 or higher LEED (Leadership in Energy and Environmental Design) certification; and, the
22 City adopted a Water Efficient Landscape Ordinance on May 11, 2010, and the 2010
23 Building Code, including the California Green Building Standards, on April 5, 2011; and
24 WHEREAS, the City has in accordance with Program 3.1 continued to
25 implement its Inclusionary Housing Ordinance resulting in the construction of
26
approximately 1,000 housing units affordable to very low and low income families since
27
28
O''J
1 2003, the first year of the current Regional Housing Needs Assessment allocation
2 period; and
WHEREAS, the City has in accordance with Program 3.4, created 67 City
4
initiated or non-inclusionary affordable housing units in the Cassia Heights and
5
Roosevelt Gardens projects, the latter of which just completed construction in January
6
2011;and
7
WHEREAS, the City has in accordance with Program 3.5, assisted in the8
g development of over 200 affordable units to date in the current Housing Element cycle;
10 and
11 WHEREAS, in accordance with Program 3.7, the City continues to maintain the
12 Housing Trust Fund, which had an approximate balance of $13.5 million as of January
^ 2011, and to seek opportunities to disburse trust funds as it did for the Glen Ridge
14 affordable apartment and Roosevelt Gardens affordable condominium projects in 2007,
and the Harding Street Senior Condominiums (Western Community Housing/Meta
16
Housing) in 2009; and
17
WHEREAS, on June 4, 2008, the Planning Commission in accordance with
18
Housing Element Program 3.10, which seeks to provide senior housing opportunities,
20 approved the Harding Street Senior Condominiums Project which as approved would
21 add eight low income senior housing units and seven moderate income senior units;
22 and, in furtherance of this Program and Program 3.7, the Housing and Redevelopment
23 Commission on August 11, 2009, appropriated $3,750,000 in housing set aside funding
24 to develop this project as a 50-unit, senior-restricted apartment complex, 100%
25 affordable to very low and low income renters; and
26
27
28
1 WHEREAS, on March 22, 2011, in accordance with Program 3.11, the City
2 Council approved a new Municipal Code Ordinance, Chapter 21.87, establishing a
o procedure for making requests for reasonable accommodation for disabled persons in
4
land use, zoning and building regulations to comply with Fair Housing Law; and
5
WHEREAS, on August 24, 2010, the City Council revised the definition of a
6
"family" in Chapter 21.04 of the Municipal Code also in accordance with Program 3.11
and to comply with state housing law; and8
0 WHEREAS, the City continues to monitor the construction and demolition of units
10 in the Coastal Zone per Program 3.19 of the Housing Element; and
11 WHEREAS, as required by Program 3.20, the City has prepared and continues
12 to prepare Annual Housing Element Progress Reports, the latest of which was accepted
13 by the City Council on March 22, 2011; and
14 WHEREAS, after adoption of the 2005-2010 Housing Element, Friends of Aviara
sued the City challenging the Mitigated Negative Declaration approved for the project
16
and alleging that the City's Housing Element is inconsistent with other elements of the
17
General Plan, and18
WHEREAS, on March 28, 2011, the Superior Court upheld the City's Mitigated
20 Negative Declaration ruling that Friends of Aviara had failed to sustain its burden of
21 presenting substantial evidence of a fair argument that the mitigation measures are
22 inadequate to avoid any potentially significant environmental effects; and
23 WHEREAS, the Court also ruled that the City must adopt a timeline for
implementation of necessary additional amendments to the General Plan in order to
25 comply with California Government Code section 65583(c).
26
27
28
1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carlsbad, California, as follows:
3 1. That the above recitations are true and correct.
4
2. That the City Council declares its intention to amend Program 2.1 of the
5 2005-2010 Housing Element "Objectives and Time Frame" to provide updated timelines
for implementation of the actions set forth therein regarding adequate sites, all to be
6 accomplished within the extended 2005-2010 housing element cycle.
7 3. That the Planning Director is directed to prepare recommendations for
updated timelines for implementation of the actions regarding adequate sites set forth in
8 the Housing Element, to be accomplished within the extended 2005-2010 housing
9 element cycle.
10
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24
25
26
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28
1
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26th day of April, 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES:None.
ABSENT: None.
RRAjNE M. WOOD, City Clerk. -illilll;,. '
EXHIBIT 6
d.'try of Carlsbad If on sing «& JVeJ^Ji foo-r-Jiood
(Staff: (Scott X>oxuiell
Senior Pla.xvn.ex*
Item No. 1
MAY 12, 2011
SUBJECT: GPA 11-04 - HOUSING ELEMENT PROGRAM 2.1 - Request for a
recommendation of approval of minor changes to Program 2.1 of the
2005-2010 Housing Element
I. RECOMMENDATION
That the Housing Commission ADOPT Housing Commission Resolution No. 2011-002
recommending APPROVAL to the City Council of changes to Housing Element Program
2.1 as shown in General Plan Amendment GPA 11-04 and based upon the findings
contained in Resolution 2011-002.
II. PROJECT BACKGROUND
On April 26, 2011, the City Council passed Resolution 2011-068, declaring its intention to
update the completion dates listed in the "Objectives and Time Frame" section of Housing
Element Program 2.1 and directing the Planning Director to study the same. Program 2.1, labeled
"Adequate Sites," identifies land use actions (e.g., General Plan and zone changes) the City will
take to make sites available for lower and moderate income housing during the current housing
cycle. "Sites" include specific properties, such as Quarry Creek and Ponto, and general areas,
such as the downtown Village and adjacent Barrio Area neighborhood.
The current housing cycle began in 2005 and was to have ended June 30, 2010; it has been
extended through at least April 2013. The Housing Element is one of seven mandated elements
of the General Plan.
The Council's declaration and direction stem from a recent San Diego Superior Court case,
Friends of Aviara vs. City of Carlsbad. After adoption of the current Housing Element in
December 2009, Friends of Aviara sued the city. The suit challenged the city's environmental
action on the project and alleged Carlsbad's Housing Element is inconsistent with other elements
of the General Plan.
In its ruling on the suit, the Court upheld the city's environmental action. It also ruled that to
comply with the California Government Code, Carlsbad must adopt a timeline for
implementation of the General Plan amendment actions identified in Program 2.1 to ensure
consistency between the Housing Element and the other elements of the General Plan. Among
other things, these actions would amend the General Plan Land Use Element to designate various
HOUSING ELEMENT PROGRAM 2.1
May 12,2011
PAGE 2
sites at densities higher than what the Land Use Element currently allows. For example, the
program specifies raising the minimum density of the city's Residential High Density (RH) land
use designation from 15 units per acre to 20 units per acre. The state considers this and other
proposed densities as appropriate for lower and moderate income housing.
Accordingly, the City must make minor changes to Program 2.1. While this program already
establishes time frames, they must be updated. Except for the time frames, GPA 11-04 will revise
no other aspect of Program 2.1 or the Housing Element. It also proposes no development and will
not result in any land use changes. The latter will require applications and hearings that are
completely separate from this current effort.
Following the Housing Commission's review, the Planning Commission and then the City
Council will hold public hearings to review the proposed amendment.
III. PROJECT DESCRIPTION
Throughout the current housing cycle, the City has made substantial progress in achieving its
Housing Element goals and accomplishing its programs but it has not met some of the specified
deadlines which were set when the Housing Element update was drafted. The attached Council
resolution attests to this progress.
Current Program 2.1 timeframes, found at the end of the program, state the city was to implement
the various land use actions by either October 2009 or, in the case of actions regarding the Quarry
Creek site only, May 2010. While the city did not meet these deadlines, most program actions are
in the draft stage and are expected to be accomplished within the next two years. Therefore, the
updated time frames proposing replacing "October 2009" with "September 2012" and "May
2010" with "February 2013." The proposed dates are similar to the existing ones in that all occur
either several or a couple months ahead of the previous (June 30, 2010) or estimated (April 1,
2013) housing cycle end dates.
Additionally, the Program 2.1 land use actions identified for the Barrio Area are similar in
complexity to those required for Quarry Creek. Further, since preparation of Program 2.1, the
City has determined to process Barrio Area changes as part of the General Plan Update, a multi-
year effort anticipated to conclude in spring 2013. As a result, staff recommends the date for
completion of Barrio Area actions change to the latter timeframe proposed (February 2013).
This change regarding the Barrio Area and the new timeframes proposed represent the extent of
all revisions planned.
The new time frames will fit within the current housing cycle, as extended. SB 575 legislation
enacted in 2009 requires local governments within the regional jurisdiction of the San Diego
Association of Governments (SANDAG) to adopt Housing Element revisions no later than 18
months after adoption of the first regional transportation plan update (RTP) to be adopted after
September 30, 2010. S ANDAG currently estimates the updated RTP will be adopted in October
2011, which would extend the current Housing Element cycle to on or about April 1, 2013. This
date may be extended further if adoption of the RTP is delayed. At the end of the current housing
cycle, a revised Housing Element will be due.
HOUSING ELEMENT PROGRAM 2.1
May 12,2011
PAGE 3
Exhibit 1 to this staff report is the proposed Housing Commission resolution recommending
approval of the proposed changes. Exhibit A to the resolution is Program 2.1 with the
recommended changes already incorporated. Also provided is Exhibit 2, which shows the
Program 2.1 proposed revisions in a strike out and underline format; only the "Objectives and
Time Frame" section of the program is revised.
IV. SUMMARY
The General Plan Housing Element provides the City with a coordinated and comprehensive
strategy for promoting the production of safe, decent, and affordable housing within the
community. Accordingly, Housing Element Goal 2 states, "new housing developed with diversity
of types, prices, tenures, densities, and locations, and in sufficient quantity to meet the demand of
anticipated city and regional growth."
The proposed revision to Program 2.1 timeframes is minor and necessary to comply with a court
order. The revision also maintains consistency with Housing Element Goal 2 by simply revising
the time frames for completion of the various program actions within the current housing cycle,
as extended.
V. ENVIRONMENTAL IMPACT
The recommended action is within the scope of the previously approved Mitigated Negative
Declaration for the 2005-2010 Housing Element.
VI. EXHIBITS
1. Housing Commission Resolution 2011 -002
2. Program 2.1 with proposed revisions shown
3. City Council Resolution 2011 -068
Exhibit 2: Program 2.1 with Proposed Revisions
Program 2.1: Adequate Sites
The City will continue to monitor the absorption of residential acreage in all
densities and, if needed, recommend the creation of additional residential acreage
at densities sufficient to meet the City's housing need for current and future
residents. Any such actions shall be undertaken only where consistent with the
Growth Management Plan.
In order to ensure that adequate residential acreage at appropriate densities is
available to meet the City's Regional Housing Needs Assessment (RHNA) the
City will implement the following objectives:
• The City shall process a general plan amendment(s) to redesignate a
minimum net acreage of each site in Table 6-1 to RH and require that
the redesignated sites be developed at a minimum density of 20 units per
acre. As part of this program, the City shall also process all necessary
amendments to the Zoning Ordinance and other planning documents,
such as master or specific plans.
Table 6-1
General Plan Amendment (RH): Ponto and Quarry Creek
Property
Ponto
Quarry Creek
Commercial
Mixed Use Ponto
APN
216-140-17
Portions of 167-040-21
Portion of 216-140-18
Approximate Minimum
Acres to be
Redesignated to RH
6.4
15.0
2.8
Density
Yield
128
300
28
The City shall process a general plan amendment(s) to redesignate a
minimum net acreage of each site in Table 6-2 to RMH and require that
the redesignated site be developed at a minimum density of 12 units per
acre. As part of this program, the City shall also process all necessary
City of Carlsbad
2005-2010 Housing Element 6-6
Housing Plan
amendments to the Zoning Ordinance and other planning documents,
such as master or specific plans.
Table 6-2
General Plan Amendment (RMH): Quarry Creek
Property
Quarry Creek
APN
Portions of 167-040-21
Approximate Minimum
Acres to be
Re-designated to RMH
17
Density
Yield
200
• The City shall process general plan amendments to establish minimum
densities of 12 units per acre and 20 units per acre for the RMH and RH
land use designations, respectively, except for those RH designated
properties in the Beach Area Overlay Zone.
• The City shall process amendments to the Village Redevelopment Master
Plan and Design Manual and/or other planning documents as necessary to
establish, for residential projects and mixed use projects with residential
components within the Village Redevelopment Area, minimum densities
equal to 80% of the maximum of the density range. For land use districts
1-4 (density range of 15 - 35 units per acre), as specified in the
Carlsbad Village Redevelopment Master Plan and Design Manual, 80%
shall be 28 units per acre. For land use districts 5-9 (density range of 15
- 23 units per acre), 80% shall be 18 units per acre. Furthermore, the
City shall approve modifications to development standards of the Carlsbad
Village Redevelopment Master Plan and Design Manual if a project
satisfactorily demonstrates as determined by the City that such
modifications are necessary to achieve the minimum densities.
• The City shall process amendments to the general plan and zoning
ordinance and process other planning documents as necessary to
establish and permit the minimum densities, areas, and land uses as
described in Section 3 and specified in Tables 3-4, 3-6 and 3-9 for the
Barrio Area.
• The City shall amend its zoning ordinance, general plan, and other land
use documents as necessary to permit residential in a mixed use format
on shopping center sites and commercial areas with a General Plan
designations of "CL" and "R" and zoning designations of "C-L," "C-l" and
"C-2," and/or other general plan and zoning designations as appropriate.
Mixed use residential on shopping center and commercial sites shall be at
a minimum density of 20 units per acre.
• The City will encourage the consolidation of small parcels in order to
facilitate larger-scale developments. Specifically, the City will make
available an inventory of vacant and underutilized properties to interested
developers, market infill and redevelopment opportunities throughout the
City of Carlsbad
2005-2010 Housing Element 6-8
Housing Plan
City, particularly in the Village Redevelopment Area and proposed Barrio
Area, and meet with developers to identify and discuss potential project
sites.
For the Barrio Area, incentives shall be developed to encourage the
consolidation of parcels and thus the feasibility of affordable housing.
These incentives shall include increased density and other standards
modifications.
To facilitate development in the Village Redevelopment Area, modification
of standards (including increased density) are permitted for affordable
housing, "green" buildings, and projects which meet the goals and
objectives of the Village (which include residential and mixed use
developments). In addition, the City offers offsets to assist in the
development of affordable housing citywide. Offsets include concessions
or assistance including, but not limited to, direct financial assistance,
density increases, standards modifications, or any other financial, land
use, or regulatory concession which would result in an identifiable cost
reduction. The City will also encourage lot consolidation by assisting in
site identification.
Funding: Departmental budget
Lead Agency: Housing and Redevelopment Department, Planning
Department
Objectives and Time Frame:
• Provide adequate residential sites to ensure compliance with the
adequate sites requirements of AB 2348 for meeting the Regional
Housing Needs Assessment (RHNA) for the 2005-2010 planning period.
• Amendments to the general plan, zoning ordinance, and other land use
documents necessary to effectuate the density changes and other
Program components above shall be implemented by September
2012Octobcr 2000, except for Quarry Creek and the Barrio Area.
• Since they require extensive legislative and environmental actions
(e.g., preparation and adoption of a master plan, Local Facilities
Management Plan, and environmental impact report) general plan and
zoning amendments for Quarry Creek and the Barrio Area shall be
implemented by May-February 20132010.
City of Carlsbad
2005-2010 Housing Element 6-8
EXHIBIT 7
Planning Commission Minutes July 6,2011 Page 4
Commissioner Schumacher also stated he concurs with his fellow Commissioners.
Chairperson L'Heureux stated the project makes logical sense and stated his support of the project.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 6783 recommending a
finding that the Final Negative Declaration ND 10-807 prepared and approved by
the City of San Marcos is adequate for the RSF Boundary Adjustment project and
adopt Planning Commission Resolutions No. 6784, 6785 and 6786 recommending
approval of General Plan Amendment (GPA 11-03), Zone Change (ZC 11-02), and
Annexation/Detachment of property (ANX 11-02/DTCH 11-01) based on the findings
contained therein.
VOTE: 7-0
AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner
Nygaard, Commissioner Schumacher, Commissioner Siekmann, and Commissioner
Scully
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson L'Heureux closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the
next item.
3. GPA 11-04 - HOUSING ELEMENT PROGRAM 2.1 - Request for a recommendation of
approval of an Addendum to the previously adopted Mitigated Negative Declaration and a
General Plan Amendment to make minor changes to the time frames of 2005-2010
Housing Element Program 2.1.
Mr. Neu introduced Agenda Item 3 and stated Senior Planner Scott Donnell would make the Staff
presentation.
Commissioner Scully recused herself from dais due to a conflict of interest.
Chairperson L'Heureux opened the public hearing on Agenda Item 2.
Mr. Donnell gave a detailed presentation and stated he would be available to answer any questions.
Chairperson L'Heureux asked if there were any questions of Staff.
Commissioner Nygaard asked if the date changes proposed for the document deal with the dates that the
zone changes will be accomplished and do not pertain to moving forward on any housing in the
community. Mr. Donnell stated that was correct.
Commissioner Schumacher asked if another project comes into the city that is not land that has been
allocated or identified in the RHNA numbers that helps with the low to moderate income housing, does it
affect the projects that have been identified or is there a transfer of those units. Mr. Donnell stated that if
that were to occur, it would be a bonus because it could perhaps enable the City to be over the minimum
number of units it needs to provide to meet its affordable housing goals. It is also a bonus if it can replace
a project the city is counting that is withdrawn or is unable to be completed within the Housing Element
cycle. Commissioner Schumacher inquired about the Barrio area and what will constitute satisfaction of
completion for the Barrio. Mr. Donnell stated generally the way state law reads all land use actions
associated with what the Housing Element proposes which necessary to enable it that would need to be
completed in 19 months. Commissioner Schumacher asked what that would entail for the City. Mr.
Donnell stated it would be General Plan and Zoning amendments.
Planning Commission Minutes July 6,2011 Page 5
Chairperson L'Heureux clarified that the Commission is only changing the dates in 3 areas and the
Commission is not approving any projects and not rezoning any project or otherwise changing the
Housing Element.
Chairperson L'Heureux asked if there were any further questions of Staff. Seeing none, he asked if there
were any members of the audience who wished to speak on the item.
De'Ann Weimer, 6606 Fiona Place, representing Friends of Aviara, requested 3 modifications to
documents presented. First she would like to have the term "Bridges at Aviara/Pontebello" removed from
the Housing Element and its supporting documents. Secondly she requested that the timeline for those
items proposed to be completed by February 2013 be shortened to six months. Finally she asked that
the math used for the new unit allocation be simplified and more user friendly.
Commissioner Siekmann asked Ms. Weimer what position she holds with the Friends of Aviara. Ms.
Weimer stated she is the president.
Kasey Cinciarelli, Lyons Court, representing Preserve Calavera, stated her concerns regarding the
development of Quarry Creek as well as the affordable housing plan of the proposed Dos Colinas project.
She also suggested the processing of Quarry Creek land use actions should occur as part of the General
Plan Update.
Cami Mojado, 1889 Sunset Drive, Vista, representing the San Luis Rey Band of Mission Indians, also
stated her concerns regarding the development of Quarry Creek.
Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on
the item. Seeing none, he closed public testimony of the item.
Chairperson L'Heureux asked Staff to respond to the issues raised during public testimony.
Mr. Donnell stated that in regards to the request for the deletion of the Bridges at Aviara/Pontebello
project from the Housing Element documents, Staff made the determination to keep this amendment
simple, straightforward and reflecting only what the judge recommended with regards to the date
changes. For City Staff to propose an amendment to delete the Bridges at Aviara project would require
the project to go back to the drawing board, requiring additional analysis and disclosure. Presently as the
document is referenced it does not require the deletion of the Bridges of Aviara. Mr. Donnell further
stated that state law regarding Housing Elements recognizes that projects come and go and things
change. An assumption in the Housing Element with regards to a project, may be withdrawn or
substituted with other projects, and that is acceptable and does not trigger or require an amendment to
the Housing Element. In addition, the Bridges at Aviara/Pontebello project was not a city-initiated project.
Program 2.1 proposes amendments that the City is proposing to do. The Bridges at Aviara/Pontebello
project was simply a private development project the City was referencing because it happened to
provide affordable units. Mr. Donnell further commented that in regards to a shortened time frame for the
Quarry Creek, Ponto, and the Barrio area developments, Staff would argue a shortened time frame would
not allow sufficient time based on all of the land use applications necessary and also because of the
anticipated significant CEQA review. In regards to the math being difficult to follow, Mr. Donnell explained
the accounting of additions and deletions that demonstrate how the city can meet its lower and moderate
income objectives is based on a table in the Housing Element and also on the explanation regarding the
Pontebello, Quarry Creek, and Dos Colinas projects contained in the Annual Housing Element Progress
Report.
Additionally, Mr. Donnell noted that if additional assumptions regarding affordable housing development
change in the future, such as with regards to the Dos Colinas affordable proposal, the city will need to
react to the change to continue to meet its affordable housing objectives
Mr. Donnell commented that Staff is aware of the many constraints as well as the need for protection of
cultural and other resources on the Quarry Creek project area. However, details regarding potential
impacts that development may cause can only be determined upon submittal of a project at Quarry
Creek.
\e\i\
Planning Commission Minutes July 6,2011 Page 6
Chairperson L'Heureux asked if there were any questions for Staff.
Commissioner Schumacher asked if the information regarding the tables and the calculations used is
available for the public to review. Mr. Donnell stated the public can come to the City's Faraday Building to
review the information and it is also available online.
Commissioner Siekmann stated that even though the question was asked about the math, that is not
what the Commission is considering tonight. Mr. Donnell stated that was correct.
Ms. Mobaldi stated that as pointed out by Mr. Donnell, this project is before you only because of the
results of the lawsuit and the courts direction on one very specific point, that the City update timelines that
were included in the initial Housing Element that was adopted but were outdated. All Staff is doing is
making those timelines current and continuing to have dates that are within the Housing Element Cycle.
The court did not take issue with anything else in the Housing Element, did not find any other faults with
it, and no other areas challenged were found to be invalid. As Mr. Donnell also pointed out, the Housing
and Community Development Department has also found that the City's Housing Element was valid.
Some people feel the timelines are too long, others feel the timelines are too short. Staff had to make
decisions about what can be accomplished with the resources and workload and what Staff knows needs
to be done in terms of processing. Ms. Mobaldi stated she would like to focus the Commission on what is
before them tonight and trying to satisfy the court according to the judge's ruling.
DISCUSSION
Commissioner Nygaard stated she supports the changes.
Commissioner Siekmann also stated she supports the changes.
Commissioner Arnold also stated his support of the changes of the timelines.
Commissioner Black stated he can also support the changes to the timelines.
Commissioner Schumacher thanked Staff for their work on this project. He stated he can support the
changes.
Chairperson L'Heureux stated he can support the changes to the timelines.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission 1) adopt Planning Commission Resolution No. 6787 recommending
approval of an Addendum to the adopted Mitigated Negative Declaration for the
2005-2010 Housing Element, and 2) adopt Planning Commission Resolution No.
6779 recommending approval of General Plan Amendment GPA 11-04 based on
the findings contained therein including a correction on Exhibit "A", page 5 as well
as correcting Exhibit "X" by striking "Exhibit 2."
VOTE: 6-0-1
AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner
Nygaard, Commissioner Schumacher, and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Scully
ABSTAIN: None
Commissioner Scully returned to the dais.
Chairperson L'Heureux closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the
next item.
EXHIBIT 8
Minutes of: HOUSING COMMISSION
Time of Meeting: 6:00 P.M.
Date of Meeting: MAY 12, 2010
Place of Meeting: CITY COUNCIL CHAMBERS
CALL TO ORDER
Chairperson Smith called the Meeting to order at 6:01 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Smith led with the Pledge of Allegiance.
ROLL CALL
Present: Commissioners: Emelda Bradwell
Craig Kirk
Bobbie Smith
Absent: Susan Igoe
Hope Wrisley
Staff Present:
Housing & Neighborhood Services Director: Debbie Fountain
Senior Planner: Scott Donnell
APPROVAL OF MINUTES
Minutes of March 11, 2010, meeting were approved as written.
VOTE: 2-0
AYES: Bradwell and Smith
NOES: None
ABSTAIN: Kirk (not present at March 11, 2011, meeting)
ABSENT: Igoe and Wrisley
ITEM NOT ON AGENDA
There were no items not on the agenda.
NEW BUSINESS
Debbie Fountain, Director of Housing & Neighborhood Services, said the item on the agenda is an update
on our Housing Element. Scott Donnell, Senior Planner, will give the update and explain the action
needed tonight.
Mr. Donnell said this amendment would affect only one of the programs in the Housing Element, Program
2.1;. In the bigger picture of things, the Housing Element is one of the mandated elements of the General
Plan. In fact, it is the only one that gets scrutinized by the state on a regular basis. Our General Plan is
our vision for how Carlsbad should look into the future. The General Plan covers topics such as Land
Uses and Circulation and also Housing. The Housing Element is the document that addresses just that.
It is the strategy that the city has developed over the years to provide housing for all economic segments;
for farm workers, for people of above moderate income, for lower income, etc. That is what the Housing
Element is.
Our current Housing Element was adopted by our City Council in December of 2009, and just a few
months later it was certified by the State Department of Housing and Community Development. Prior to
that certification, the city was actually sued by a group called Friends of Aviara, which challenged the city's
approval of the Housing Element on two fronts. One was it alleged that the city's environmental
documentation done for the Housing Element was not adequate. It also alleged the Housing Element
caused the General Plan to be inconsistent. That lawsuit was heard by the San Diego Superior Court and
recently the Superior Court made a ruling on that lawsuit. It determined that the city's action on the
HOUSING COMMISSION MINUTES
MAY 12,2011
PAGE 2 of 5
environmental work for the Housing Element was acceptable. The court also ruled that the city needed to
establish timelines or deadlines by which actions identified in Housing Element Program 2.1 need to be
completed. The reason the court has made that ruling was to ensure that actions the program identifies
are completed by a certain time. If that is done, it enables consistency between all the elements of the
General Plan. Case in point would be, as we will discuss, Housing Element Program 2.1 calls for different
amendments to the General Plan Land Use Element. That was the case Friends of Aviara brought
forward. By doing so, they alleged an inconsistency because the Housing Element called for changes that
weren't reflected in the Land Use Element. The court said if the Housing Element established dates to
ensure those changes take place, then the city's Housing Element will be consistent with the rest of the
General Plan.
Based on the Superior Court's ruling, the City Council, just last month, directed the Planning Director to
look at Program 2.1 and determine what would be necessary to bring it into compliance. The City Council
did not direct any other aspect of the Housing Element to be changed, nor did the Superior Court.
The amendment that is before you today is a General Plan amendment. It is that because the
amendment proposes changes to the Housing Element. It focuses only on Program 2.1. There are no
other changes to the Housing Element proposed.
To give you background on that Program 2.1, it is known as the city's Adequate Sites Program. When
cities prepare Housing Elements, they are given growth projections by the state that comes through our
local Council of Governments, which in this case is the San Diego Association of Governments. Those
growth estimates, which are known as the Regional Housing Needs Assessments, specify how many units
the city is expected to accommodate over a certain period of time. Those units have to be for all
economic segments, whether upper income or lower income.
Because the city does not have a lot of higher density land, Program 2.1 says we will go forward and
process General Plan amendments and zoning ordinance changes to provide more higher density land.
The state considers higher density land to be at certain densities that are suitable for lower and moderate
incomes. So Program 2.1 is all about increasing the densities for the allowable number of housing units
on a piece of property in various parts of the city. For example, Program 2.1 calls for raising the minimum
densities in the Village Area. It also calls for raising the minimum densities in other specific properties
such as in the Ponto Area in south Carlsbad and also in Quarry Creek. Quarry Creek is a large, vacant
property near the Oceanside border.
The proposal to comply with the court order and the City Council direction is simply to amend Program 2.1
by changing the timeframes. That is what the Superior Court judge said, the city needs to establish
timeframes to ensure all these actions take place by a certain time. Actually the program already has
timeframes in place; they have all passed. What we are proposing is to amend the timeframes to look
forward into the future to guarantee that the various actions in Program 2.1 will be completed either by
September 2012, a little over a year from now, or by February 2013. The reason there are two dates is
because some of the actions in Program 2.1 are pretty simple. The changes for the Village, for example,
do not require a lot of planning documents to be amended. Some of the actions, however, are much more
complex. There is a lot of work required to make the changes necessary to Quarry Creek or the Barrio
Area. The recommendation you have before you that is part of this General Plan Amendment would not
only establish these new dates of September 2012 and February 2013, but would also change the
timeframes for two projects; one is for the Barrio area, because we have realized since the adoption of the
Housing Element there is a lot of work necessary to cause the changes to the Barrio Area. Also, an Errata
sheet provided before you tonight at your desk shows a change from the Housing Element's Staff Report
that you received earlier this week. It also includes the Ponto Area as another program that we anticipate
is going to need quite a bit of time through February 2013 in order for the Land Use changes for the Ponto
to be completed. The dates that are mentioned here, September 2012 and February 2013 and the
addition of the Barrio Area and Ponto Area for Land Use action for those two areas to be completed by
February 2013, are the only changes that the city thinks are necessary in order to comply with both
Council direction and also the court order.
Our recommendation, therefore, is that you approve the Resolution 2011-002, which is a Housing
Commission Resolution that recommends approval of the General Plan Amendment 11-04. That
HOUSING COMMISSION MINUTES
MAY 12,2011
PAGE 3 of 5
resolution reflects your action that would be reported to the City Council. Also we are recommending that
the action you take on the resolution include mention of the Errata so it is clear that the addition of a later
date for completion of Ponto Area land use actions is also referenced.
The next steps for this General Plan Amendment are simply once the Housing Commission action is
completed, we then go to the City Planning Commission, which is tentatively scheduled for June, and
following that, perhaps in the month of July, we go on to City Council. The City Council makes the final
action on this proposed General Plan Amendment, and they receive, at that time, both the action that
Planning Commission took and that the Housing Commission takes. That concludes my report.
Commissioner Kirk asked what the process would be if these dates approach and they are still not
completed? Would the timeline go through yet another revision process? At what point would that occur?
Is there a point, a year, six months, prior to that when it would need to be extended again?
Mr. Donnell said on the one hand you can say, if the city didn't meet the September 2012 deadline, it is not
a problem. They are estimates by when actions will take place. If we were to complete an action by
November, for example, it doesn't require the city to come back and propose changes to those deadlines.
On the other hand, state law requires us to complete the Land Use Actions within our housing cycle. If we
have identified that we need to increase the densities in the Village Area in our Housing Element, then we
have to do so before the housing cycle ends. We think the housing cycle end date will be April 2013. It is
not clear. It depends on action that SANDAG has to take. State law says, if you don't complete your
actions you have identified by that end date, by the end of the housing cycle, you must do so within the
following year. State law, therefore, would say if you don't complete it by April 2013, you have to complete
it by April 2014. If you don't do that, then the state will not certify your Housing Element for the next
housing cycle. That is the penalty. We have to complete it sooner or later within the housing cycle or else
we run the risk of not having our next Housing Element certified.
Commissioner Kirk said given the complexity of Quarry Creek, Ponto and the Barrio, is there any
likelihood that we could approach that date and go beyond that date?
Mr. Donnell said as we understand today, of course April 2013 is about two years from now, and the
changes proposed to the Barrio Area have actually been included as part of the city's General Plan
update, is The General Plan update is estimated to go through the hearing process in late 2012, early
2013. We think it will be more or less around April. For Quarry Creek, even though it is identified as a city
program, a developer has submitted an application to make those changes identified in Program 2.1.
Once again, as best we know, it looks like those changes could be approved by that date. With Ponto, it
is another difficult project with a lot of changes necessary as well as consultation required with the Coastal
Commission. It is something, however, that could be wrapped up sooner than 2013. We think the 2013
date is more realistic, however, just to give the city more time to ensure it could be done. In two years
from now, it may be possible that those actions are not complete, but we are always striving to do so to
complete them within the housing cycle.
Chairperson Smith asked Mr. Donnell if he was saying the plans have already begun for the Barrio Area?
Mr. Donnell answered, yes. The city has already started on its General Plan update. We held one
neighborhood meeting with residents and property owners in the Barrio, so that process has begun as it
also has with Quarry Creek.
Commissioner Kirk made a motion to adopt the Resolution 2011-002 for approval to the City Council,
changes of the Housing Element Program.
Commissioner Bradwell seconded the motion.
VOTE: 3-0
AYES: Bradwell, Kirk, and Smith
NOES: None
ABSTAIN: None
ABSENT: Igoe and Wrisley
HOUSING COMMISSION MINUTES
MAY 12,2011
PAGE 4 of 5
Commissioner Kirk further recommended that the Housing Commission approve the Errata to Agenda
Item #1 to the Housing Element Program 2.1
Commissioner Bradwell seconded that motion.
VOTE: 3-0
AYES: Bradwell, Kirk, and Smith
NOES: None
ABSTAIN: None
ABSENT: Igoe and Wrisley
DIRECTOR'S REPORT
Ms. Fountain said this will move forward to the Planning Commission and City Council for approval. Then
we will have our Housing Element wrapped up and wait for the next one to begin.
I missed the last meeting because I was at the Barrio Workshop for input from the community on what
should happen in the Barrio. It was a good workshop with a lot of good feedback. Our Planning
Department is working on the report and how to proceed with that. We are also working on the
amendments that we need to make to the Village Master Plan to increase the minimum densities for the
area. It is not a major effort that we need to make in terms of different documents that have to be
approved. We already approved maximum densities, We had a minimum density of 15 units and we
have to increase that for some of our Land Use Districts.
Commissioner Kirk asked about the preservation of the Barrio community, he knows there is an effort
going forward for the museum; doing renovation and improving the quality. Is there anything being done
in assistance with that since it is likely that the face of the Barrio will evolve over time to preserve the
heritage of the Barrio?
Ms. Fountain said staff thinks that is some of the issues that came up at the Barrio Workshop. The report
from the workshop has been completed and will be used to update the General Plan. We can get you
some of the highlights that came out of that workshop. Those were some of the issues that were raised
about where higher density housing should go, if it is going to go in the area, it raised about what type of
improvements they might want to see in the Barrio Area in terms of streetscape improvements or how
they would like to protect some of those heritage components. We can share some of that with you so
you can see what came out of that workshop. We had a good turn out; over 100 people. It was at the
Senior Center, and it was well facilitated. They got a lot of good input regarding the differences between
the newer families moving and the families who have lived there for some time. You see where their
priorities are.
We had the final grand opening of all the units at the Habitat for Humanity projects. Those have all been
sold and all the families have moved in. They had a ceremony to welcome the new residents into their
new homes. Normally they send out invitations to the Housing Commission and we assumed you had
received them. If you haven't been down there to see the new units, I would encourage you to see them.
Tonight the city is having a Fair Housing Workshop. We try to put those on periodically to help the
property owners that rent units understand their rights and responsibilities under fair housing. Also, as I
mentioned to you before, we had the senior project on Harding that was going to be 100% affordable
senior-restricted, income-restricted and rent-restricted. They are trying for their fourth round on tax
credits. Trying to get the financing for that project. They have received some additional funding since
their last application. They received a state grant and they have also received some supportive housing
funding, which means if they have a disabled person within the project, there are additional services that
can be made available to the seniors.
The economy really still hasn't taken off when it comes to housing so it is still slow until the market-rate
housing is getting built it is hard for the affordable to move forward. I have been speaking with developers
of the Robertson Ranch, the second part, I spoke with someone today who is moving forward on an
affordable housing project. We have also had a couple of other ones that have expressed some interest.
We are hoping some of them will move forward.
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(2010 & 2011 CCP.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of e
years and not a party to or interested in the
entitled matter. I am the principal clerk of the
of
Proof of Publication of
North County Tim
Formerly known as the Blade-Citizen and The
Advocate and which newspapers have
adjudicated newspapers of general circulation
Superior Court of the County of San Diego, :
California, for the City of Oceanside and the
Escondido, Court Decree number 171349,
County of San Diego, that the notice of w\
annexed is a printed copy (set in type not sma
nonpariel), has been published in each regi
entire issue of said newspaper and not
supplement thereof on the following dates, to-v
:thJuly 15tn, 2011
I certify (or declare) under penalty of perjury
foregoing is true and correct.
Dated at Escondido, California
On this 15th, day of July, 2011
) Jarte Allshouse
NORTH COUNTY TIMES
Legal Advertising
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be
affected, that the City Council of the City of Carlsbad will hold a public hearing
at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at.
6:00 p.m. on Tuesday, July 26, 2011, to consider approving an addendum to the
adopted Mitigated Negative Declaration for the 2005-2010 Housing Element and
approving General Plan Amendment GPA 11-04.
Whereas/on July 6, 2011 the City of Carlsbad Planning Commission voted 6-0-1
to recommend approval of an Addendum to the previously adopted Mitigated
Negative Declaration and a General Plan Amendment to make minor changes to
the time frames of 2005-2010 Housing Element Program 2.1.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. Copies of the agenda bill will be available on and after July
22, 2011. If you have any questions, please contact Scott Donnell in the Planning
Division at (760) 602-4618 or scott.donnell@carlsbadca.gov.
If you challenge the General Plan Amendment in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in
this notice or in written correspondence delivered to the City of Carlsbad, Attn:
City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior
to the public hearing. '
CASE FILE:GPA 11-04
CASE NAME: HOUSING ELEMENT PROGRAM 2.1
PUBLISH: July 15, 2011
CITY OF CARLSBAD CITY COUNCIL
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255 PICO AVE
SAN MARCOS CA 92069
ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
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710 ENCINITAS BLVD
ENCINITAS CA 92024
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TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
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505 S VULCAN AV
ENCINITAS CA 92024
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SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
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STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
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STEB
5201 RUFFIN RD
SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
U.S. FISH & WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92011
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SAN LUIS REY BAND OF MISSION INDIANS
CARMEN MOJADO, CO-CHAIR
1889 SUNSET DR
VISTA CA 92081
SAN LUIS REY BAND OF MISSION INDIANS
MEL VERNON, CHAIRPERSON
1044 NORTH IVY ST
ESCONDIDO CA 92026
PALA BAND OF MISSION INDIANS
SHASTA C.GAUGHEN
TRIBAL HISTORIC PRESERVATION OFFICE
35008 PALA TEMECULA RD, PMB 445
PALA CA 92059
CITY OTs£ARLSBAD
PUBLIC WSRKS/ENGINEERING
DEPT- PROJDSJ ENGINEER
CITY OF CARLSBAD
PROJECT PLANNER
STEVE MACIEJ - BIASD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
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DE'ANN WEIMER
6606 FIONA PL
CARLSBAD CA 92011
KASEYCINCIARELLI
2727 LYONS CT
CARLSBAD CA 92010
DIANE NYGAARD
5020 NIGHTHAWK WAY
OCEANSIDECA 92056
MCMILLIN LAND DEVELOPMENT
TODD GALARNEAU
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SAN DIEGO, CA 92186-5104
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HOWES WEILER & ASSOCIATES
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|99d
uojpmisui Aseg
Housing Element Program 2.1
Scott Donnell
July 26, 2011
Project Description
•GPA 11-04
•Addendum
Background
•Housing Element adopted and certified
•Lawsuit filed
–Challenged environmental review
–Alleged General Plan inconsistency
Background
•San Diego Superior Court
–Upheld environmental review
–Required time frames for Program 2.1
•City Council direction
–Resolution 2011-068
Previous City Actions
•Housing Commission
•Planning Commission
Program 2.1
•“Adequate sites program”
•Identifies city land use actions
•Identifies completion dates for the actions
Program 2.1 – Proposed Changes
Amend Program 2.1 “Time Frames”
Current Program 2.1 Proposed Program 2.1
All actions,
except Quarry
Creek
October 2009 All actions,
except Quarry
Creek, Ponto,
Barrio Area
August 2012
Quarry Creek May 2010 Quarry Creek,
Ponto, Barrio
Area
February 2013
Program 2.1 – Proposed Changes
Proposed Time Frames:
•Comply with Court order
•Are similar in structure to other cities
•Are within the housing cycle, as extended
•Represent extent of changes proposed
Addendum
Appropriate to use when:
•Minor changes only to an approved project
•Existing environmental review is adequate
Addendum
•Documents minor changes
–Program 2.1
–Assumptions regarding affordable housing
•Pontebello (Bridges at Aviara)
•Dos Colinas/Quarry Creek
•Changes discussed in Annual Housing Progress
Report
Recommendation
Approve
•Addendum to the adopted MND
•GPA 11-04
Affordable Housing Needs
Affordable housing need 3,566 units
Projects and programs provide 3,616 units
Resulting surplus +50 units
Pontebello withdrawal -76 units
Resulting deficit -26 units
Dos Colinas +20 units
Quarry Creek +6 units
New Balance 0 units
Housing Element
Table 3-12