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HomeMy WebLinkAbout2012-01-10; City Council; 20761; Dos Colinas ProjectCITY OF CARLSBAD - AGENDA BILL 13 AB# MTG. DEPT. 2Q.761 1/10/12 CED Zl DOS COLINAS EIR 09-01/GPA 09-02/ZC 09-02/ LFMP 15(E)/RMHP 96-01 (D) DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinance No. Zone Change (ZC 09-02), ADOPT Resolution No. ?nii-9«t^ , CERTIFYING CS-169 the APPROVING Refined No Affordable Housing Site Alternative of the Environmental Impact Report (EIR 09-01), and ADOPTING the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program and APPROVING a General Plan Amendment (GPA 09-02), Local Facilities Management Plan Amendment (LFMP 15(E)) and Residential Mobile Home Park Permit Amendment (RMHP 96-01 (D)) as recommended for approval by the Planning Commission. ITEM EXPLANATION: Project Application(s) Administrative Approvals Planning Commission City Council EIR 09-01 RA X GPA 09-02 RA X ZC 09-02 RA X LFMP 15(E) RA X RMHP 96-01 (D) RA X CUP 09-02 X SDP 09-02 X HDP 09-02 X HMP 09-02 X SUP 09-02 X MS 09-04 RA = Recommended Approval X = Final City decision-making authority On October 19, 2011, the Planning Commission conducted a public hearing for the Dos Colinas project. The Planning Commission voted 7-0 to recommend certification of the Refined No Affordable Housing Site Alternative of the Environmental Impact Report (EIR 09-01); to recommend adoption of the Candidate Findings of Fact and Mitigation Monitoring and Reporting Program; and to recommend approval of the General Plan Amendment, Zone Change, Local Facilities Management Plan Amendment and the Residential Mobile Home Park Permit Amendment. The Planning Commission also approved five other discretionary permits (CUP 09-02, SDP 09-02, HDP 09-02, HMP 09-02, SUP 09-02), which are subject to the City Council approving the remaining applications. The Minor Subdivision (MS 09-04) is subject to approval by the City Engineer. The project site is located on a vacant 46-acre property in the northeast quadrant of the City, north of Sunny Creek Road, south of Cannon Road, east of El Camino Real, and west of the future extension of College Boulevard Reach "A," in Local Facilities Management Zone 15. The Dos Colinas project consists of the development of a 305 unit continuing care retirement community for seniors, including 58 cottages, 166 independent living units, 20 of which will be restricted as affordable units, a 81-room/95-bed assisted living/congregate care facility, and the relocation of the existing DEPARTMENT CONTACT: Shannon Werneke 760-602-4621 shannon .werneke @ carlsbadca.oov FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED a DENIED • CONTINUED TS. WITHDRAWN • AMENDED • CONTINUED TO DATE SPECIFIC ^January 10, 2012. CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES ^ 1/10/12 Council adopted Resolution No. 2011-28i amended, and Urdxnance JNo. Ub-lt)y as amended. as Page 2 Rancho Carlsbad Estates recreational vehicle storage and garden area (from APN 168-050-36 to APN 209- 060-70). Due to the nature of the professional care use, the senior community qualifies as commercial living units pursuant to CMC Section 21.04.093. Changes to the General Plan Land Use and Zoning Maps are required to accommodate the new uses, refine the boundaries of the Rancho Carlsbad Estates community for the new RV storage and garden area, and to apply an open space designation to the habitat preservation area. The Dos Colinas project will be required to participate in the construction of offsite improvements which include the construction of College Boulevard Reach "A" and Detention Basin "BJ." The environmental impacts associated with the improvements to College Boulevard Reach "A" as well as Detention Basin "BJ" were previously analyzed under a separate EIR in conjunction with Phase II of the Calavera Hills Master Plan (EIR 98-02). The Planning Commission received testimony from a total of 9 members of the public. A number of residents of Rancho Carlsbad Estates, including the President of the Rancho Carlsbad Owners' Association, Ms. Barbara Bevis, spoke in favor of the project. Mr. Russ Kohl, a resident of Rancho Carlsbad, raised objection regarding Condition No. 38 of Planning Commission Resolution No. 6829 (RMHP 96-01 (D)). Ms. Diane Nygaard, representing Preserve Calavera, submitted a letter in advance of the public hearing (included as Exhibit No. 7) and spoke in opposition of the project. While she supported the implementation of the Refined No Affordable Housing Site Alternative of the Environmental Impact Report, she expressed outstanding concerns regarding insufficient offsetting benefits to the community, Habitat Management Plan compliance, inadequate creek buffers and excess parking. In addition, a letter was submitted the night of the Planning Commission hearing by Ms. De'Ann Weimer, Friends of Aviara, expressing concern regarding the walkability of the community and proximity to existing retail/commercial centers, safety of seniors driving in proximity to the high school, extensive grading, and city staff's determination that the professional care use qualifies as commercial living units rather than residential dwelling units. This letter is included as Exhibit 7. Issues raised by the Planning Commission included the lack of a bus shelter, safety fencing adjacent to the perimeter pedestrian paths, timing and location of the inclusionary housing, modification to the open parking design, development within the floodplain, and the adequacy of noise mitigation. City staff and the applicant responded to the public comments, including the Friends of Aviara letter, at the public hearing. A full disclosure of the comments from the public and the Planning Commission, as well as the responses, can be found In the Planning Commission minutes dated October 19, 2011. As a result of further discussion regarding the bus shelter, perimeter trail safety fencing, and parking, the Planning Commission added three conditions to the Conditional Use Permit for the professional care facility. The conditions are identified as Conditions No. 35, 36, and 37 of Planning Commission Resolution No. 6830. The addition of these conditions does not require further action by City Council. Subsequent to the Planning Commission hearing, a letter was received from Mr. Bill Arnold, Chair of the Negotiating Committee for the Rancho Carlsbad Owners' Association, to the attention of City Council, dated November 22, 2011 (included as Exhibit No. 8). The letter reaffirms Rancho Carlsbad's support for the Dos Colinas project, including the relocation of Rancho Carlsbad's RV storage/garden lot and transferring of the subject property to the Rancho Carlsbad Owners' Association, but seeks City Council clarification regarding Condition No. 38 of Planning Commission Resolution No. 6829 for the Residential Mobile Home Park Permit Amendment for Rancho Carlsbad, RMHP 96-01-(D). Condition No. 38 is a standard condition applied to the "Developer" of projects which require street frontage improvements. The condition specifies that the frontage improvements associated with the RV storage/garden lot are the obligation of the developer (who is unspecified). Specifically, Mr. Arnold, on behalf of the Carlsbad Owners' Association, requests clarification regarding the financial responsibility associated with the construction of the College Boulevard frontage improvements which are adjacent to Rancho Carlsbad's property as well as the on-going maintenance responsibilities. Mr. Arnold would like it explicitly stated in the condition that Rancho Carlsbad shall not be responsible for the costs of the frontage improvements. It is city staff's position and recommendation to City Council that the language of the condition remain unchanged. It is typical that on-going maintenance for parkway landscaping and irrigation is the responsibility of the fronting property owner. The current language for the condition is standard and allows for the flexibility of the Developer to negotiate the financial responsibility for the improvements. Further, it is inappropriate to assign the costs of frontage improvements to the College Boulevard finance plan as that decision must be mutually agreed upon by the participants of that finance plan. The College Boulevard finance plan is a condition of approval that is to be fulfilled prior to recordation of the final map. The amendment to the RMHP, including the conditions referenced in Planning Commission Resolution No. 6829, requires approval by the City Council. 7 Pages The Planning Commission and staff are recommending approval of the proposed Refined No Affordable Housing Site Alternative of the Final EIR as well as the associated legislative actions. FISCAL IMPACT: All required improvements needed to serve this project would be funded by the developer. The Facility Financing section of the amended Zone 15 Local Facilities Management Plan (LFMP 15(E)) provides a list of the financing options proposed to guarantee the public facilities necessary to serve development within Zone 15. ENVIRONMENTAL IMPACT: An Environmental Impact Report (EIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary and legislative applications for the proposed project. On September 27, 2010, the Draft EIR was published and the City notified the public, including interested parties, organizations and Trustee agencies, through the mailing of a Notice of Completion, which commenced a comment period of 45 days, expiring on November 10, 2010. In addition, the Draft EIR was available for public review on the City's website and complete copies were also available for purchase through the Planning Division. A total of 12 comment letters were submitted. Among the comment letters received was a joint letter from California Department of Fish and Game and the U.S. Fish and Wildlife Service (collectively referred to as "wildlife agencies") on November 10, 2010, and a letter from Preserve Calavera on November 5, 2010. Responses were prepared for each of the letters and are included in the Final EIR. As discussed in the Foreword to the Final EIR, as well as the Planning Commission staff report, as a result of comments received from the public on the Draft EIR with respect to the project's potential inconsistences with the Habitat Management Plan (HMP), specificaliy from the wildlife agencies and Preserve Calavera, staff recommended implementation of the Refined No Affordable Housing Site Alternative, which is an environmentally superior alternative to the original project. Implementation of the Refined No Affordable Housing Site Alternative includes the following changes to the original Dos Colinas project (i.e. project which was presented in the Draft EIR) and are reflected in the current project presented for City Council consideration: • Elimination of an affordable housing site located at the southeast corner of Sunny Creek Road and College Boulevard (APN 209-060-68). As discussed in the Planning Commission staff report, in lieu of developing APN 209-060-68 with affordable housing, the applicant will have the option of restricting 20 of the senior independent living units on-site as lower income inclusionary units or 24 units offsite; and • Removal of all development on an equestrian property (APN 209-060-71) in which Agua Hedionda Creek is located. The combined result of eliminating the affordable housing site at Sunny Creek Road and removing development from the Agua Hedionda creek floodplain/equestrian parcel is an environmentally-superior alternative which reduces the environmental impacts associated with the project. In addition, the City has received concurrence from the wildlife agencies for the Refined No Affordable Housing Site Alternative. Pursuant to the Final EIR, the project has been reviewed for consistency with the California Environmental Quality Act and no significant unmitigable impacts were identified. A Mitigation Monitoring and Reporting Program (MMRP) has been developed for this Alternative and the Planning Commission recommended adoption of the MMRP. As all of the potential environmental impacts can be reduced to a less than significant level with the incorporation of mitigation measures, overriding findings are not required. The CEQA Findings of Fact and MMRP are attached to Planning Commission Resolution No. 6825 for the Final EIR. EXHIBITS: 1. City Council Ordinance No. CS-169 2. City Council Resolution No. 2011-285 3. Location Map 3 Page 4 4. Planning Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833, and 6834 5. Planning Commission Staff Report, dated October 19,2011 6. Planning Commission Minutes, dated October 19, 2011 7. Letters of Opposition (Preserve Calavera, dated October 15, 2011; Friends of Aviara, dated October 19, 2011) 8. Letter from Rancho Carlsbad, dated November 22, 2011 9. Final EIR for the Dos Colinas, dated September, 2011 (previously distributed; copy on file in the Planning Department) 10. Local Facilities Management Plan Amendment, LFMP 15(E), dated October 19, 2011 (previously distributed; copy on file in the Planning Department) 11. Exhibits "A" - "S" (Minor Subdivision, MS 09-04), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 12. Exhibits "A" - J" (Hillside Development Permit, HDP 09-02), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 13. Exhibits "A" -"G" (Residential Mobile Home Park Permit, RMHP 96-01 (D)), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 14. Exhibits "A" - "KK" (All Architecture for Senior Development), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 15. Exhibits "A" - "T" (Landscaping for Senior Development), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 16. Exhibits "A" - "C" (Landscaping for RV Storage/Garden Parcel), dated October 19, 2011 (previously distributed; copy on file in the Planning Division). 1 ORDINANCE NO. CS-169 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE (ZC 09-02) 4 ON THREE LOTS FROM LIMITED CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), RESIDENTIAL 5 MOBILE HOME PARK (RMHP) AND OPEN SPACE (OS) ON A 46-ACRE PROPERTY GENERALLY LOCATED NORTH OF 6 SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL, AND WEST OF THE FUTURE EXTENSION 7 OF COLLEGE BOULEVARD REACH "A", IN LOCAL FACILITIES MANAGEMENT ZONE 15. 8 CASE NAME: DOS COLINAS CASE NO.: ZC 09-02 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council did on the lO"' day of January 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 09-02 - DOS COLINAS," dated October 19, 2011, attached hereto and made a part hereof; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, If any, of all persons desiring to be heard, said City Council considered all factors relating to the ZC 09-02 - Dos Colinas. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as foliows: SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the zoning map, Is amended as shown on the map marked "ZC 09-02 - Dos Colinas," dated October 19, 2011, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission In Planning Commission Resolution No. 6827 shall also constitute the findings and conditions of the City Council. SECTION III: This zoning amendment does not approve any contracts for continuing care in a "community care retirement community" as that phrase is defined In Health & Safety Code §1771(10) and the applicant shall comply with the requirements of state law. A state certificate of authority or permit to accept deposits must be submitted to the City Planner 1 prior to the advertisement or entering into any contracts In this facility. This condition, however, 2 does not create any duty on behalf of the City, its departments or personnel, and no liability 3 shall arise from It. This condition is an additional consumer protection measure. 4 5 6 7 8 9 10 11 12 13 14 15 16 1 ^ APPROVED AS TO FORM AND LEGALITY 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause It to be published at least once in a publication of general circulation in the City of Carisbad within fifteen days after Its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 10* day of January 2012, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the day of 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- Exhibit "ZC 09-02" October 19, 2011 ZC 09-02 DRAFT Dos Colinas L-C- P-C • " , RD-M OS ^l! .•^ yj t\ RMHP I OS L-C •I -1-0.5Q V L-C 1 R-1 OS C-L OS L-C R-1- 20000 EXISTING PROPOSED Related Case File No(s): EIR 09-01 / GPA 09-02 / LFMP 15 (E) / RMHP 96-01(D) / CUP 09-02 / SDP 09-02 / HDP 09-02 / HMP 09-02 / SUP 09-02 Zoning Designation Changes Property From: To: A. 209-060-70-00 L-C RMHP/RD-M/OS B. C. 6 1 RESOLUTION NO. 2011-285 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE REFINED NO 3 AFFORDABLE HOUSING SITE ALTERNATIVE OF AN ENVIRONMENTAL IMPACT REPORT EIR 09-01, ADOPTING 4 THE CANDIDATE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING 5 A GENERAL PLAN AMENDMENT GPA 09-02 TO AMEND THE LAND USE AND OPEN SPACE CONSERVATION ELEMENTS 6 OF THE GENERAL PLAN FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO RESIDENTIAL MEDIUM 7 DENSITY (RM, 4-8 DU/AC) AND THE REDISTRIBUTION OF OPEN SPACE (OS), A LOCAL FACILITIES MANAGEMENT 8 PLAN AMENDMENT LFMP 15(E) AND RESIDENTIAL MOBILE HOME PARK PERMIT AMENDMENT RMHP 96-01 (D) FOR THE 9 DOS COLINAS PROJECT GENERALLY LOCATED ON A 46- ACRE PARCEL NORTH OF SUNNY CREEK ROAD, SOUTH OF 10 CANNON ROAD, EAST OF EL CAMINO REAL, AND WEST OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH 11 "A," IN LOCAL FACILITIES MANAGEMENT ZONE 15, CASE NAME: DOS COLINAS 12 CASE NO.: EIR 09-01/GPA 09-02/LFMP 15(E)/RMHP 96-01(D) 15 16 17 18 19 20 21 22 23 24 25 26 13 The City Council of the City of Carlsbad, California, does hereby resolve as 14 „ WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on October 19, 2011, hold a duly noticed public hearing as prescribed by law to consider the Refined No Affordable Housing Site Alternative for Environmental Impact Report EIR 09-01, General Plan Amendment GPA 09-02, Local Facilities Management Plan Amendment LFMP 15(E), and Residential Mobile Home Park Permit Amendment RMHP 96- 01(D), and adopted Planning Commission Resolution Nos, 6825, 6826, 6828, and 6829, respectively, recommending that the City Council certify the Refined No Affordable Housing Site Alternative of EIR 09-01 and approve GPA 09-02, LFMP 15(E) and RMHP 96-01 (D); and WHEREAS, the City Council of the City of Carlsbad, on the 10th day of January ^ 2012, held a duly noticed public hearing to consider the Refined No Affordable Housing Site Alternative of the Environmental Impact Report, General Plan Amendment, Local Facilities Management Plan Amendment and Residential Mobile Home Park 2Y Permit Amendment; and 28 ^ 1 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 3 relating to the Refined No Affordable Housing Site Alternative of the Environmental Impact 4 Report, General Plan Amendment, Local Facilities Management Plan Amendment and 5 Residential Mobile Home Park Permit Amendment; and 6 WHEREAS, a Draft Environmental Impact Report was prepared and submitted to 7 the State Clearinghouse and a Notice of Completion was filed, published and mailed to trustee agencies and interested parties providing a 45-day review period; and 9 WHEREAS, all comments received during the public review period are contained 10 in the Final EIR as well as the responses to comments on the Draft EIR; and 11 WHEREAS, the Planning Commission did, on October 19, 2011, recommend 12 certification of the Refined No Affordable Housing Site Alternative of the Final EIR. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 14 of Carlsbad, as follows: 1, That the above recitations are true and correct, 2, That the Refined No Affordable Housing Site Alternative of the Ij Environmental Impact Report (EIR 09-01) for the Dos Colinas project Is certified, that the Candidate Findings of Fact and Mitigation Monitoring and Reporting Program are adopted, and lg that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No, 6825, on file with the City Clerk and incorporated herein by reference, are the 19 findings and conditions of the City Council, 20 3, That the recommendation of the Planning Commission for the approval of the General Plan Amendment GPA 09-02, Local Facilities Management Plan Amendment LFMP 21 15(E), and Residential Mobile Home Park Permit Amendment RMHP 96-01 (D) is approved and that the findings and conditions of the Pianning Commission contained in Planning Commission 22 Resolution No, 6826, 6828, and 6829, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council except that conditions No. 14 & 24 23 of Planning Commission Resolution 6829 shall be modified below as follows: 24 "Condition14, The RV storage and garden area shall be installed prior to the beginning of the construction of Detention Basin "BJ" pursuant to Exhibits "A" - "S" 25 (Minor Subdivision Plans), "A" - "G" (Residential Mobile Home Park Permit Plans), and "A" - "C" (RV Storage Landscape Plans) dated October 19, 2011, which ever 26 development (College Blvd or Detention Basin "BJ") shall occur first. The improvements shall be completed to the satisfaction of the Planning Director and 27 the City Engineer." 28 1 „ "Condition 24. Developer shall cause the property owner to execute and submit to 2 the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. Note: Anv post-construction permanent aareement required 3 hereunder stiall apply onlv to Phase 1 of the Finai Map, ttie Replacement Site, and shall not encumber any other parcel owned by Rancho Carrillo Owners 4 Association, Inc." 5 4, This action is the final date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial 6 Review" shall apply: 7 /// 8 /// 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094,6, which has been made applicable in the City of Carlsbad 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 ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a 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 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 record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 10'" day of January, 2012, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Kulchin, Blackburn, Douglas and Packard, None. None, ATTEST: by*!.*'**' ;\-;^<;^^RRAINE M, WOOD, City, ' I^AL) EXHIBIT 3 SITE MAP N NOT TO SCALE Dos Colinas EIR 09-01 / GPA 09-02 / ZC 09-02 / LFMP 15 (E) / RMHP 96-01 (D) ID EXHIBIT 4 5 8 ^ PLANNING COMMISSION RESOLUTION NO. 6825 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE REFINED NO AFFORDABLE 4 HOUSING SITE ALTERNATIVE FOR THE FINAL ENVIRONMENTAL IMPACT REPORT FOR DOS COLINAS, EIR 09-01, AND RECOMMENDING ADOPTION OF THE 6 CANDIDATE FINDINGS OF FACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE 7 DEVELOPMENT OF A 305-UNIT CONTE^UING CARE RETIREMENT COMMUNITY AND THE RELOCATION OF RANCHO CARLSBAD'S RECREATIONAL VEHICLE 9 STORAGE AND GARDEN AREA (FROM APN 168-050-36 TO APN 209-060-70) ON A 46-ACRE PROPERTY GENERALLY 10 LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL, AND WEST 11 OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH "A" IN LOCAL FACILITIES MANAGEMENT ZONE 15. 13 CASE NAME: DOS COLINAS CASE NO.: EIR 09-01 14 " 15 lg application vv^ith the City of Carlsbad regarding property described as 12 23 24 25 26 27 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified 17 That portion of Lot "B" of Rancho Agua Hedionda in the County of San Diego, State of California, According to Map 18 thereof No. 823, filed in the Office of the County Recorder of J ^ San Diego County, November 16,1896 20 ("the Property"); and 21 WHEREAS, a Project Environmental Impact Report (EIR 09-01) was 22 prepared in conjunction with said project; and WHEREAS, the Planning Commission did on October 19, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the Project EIR, Candidate Findings of Fact, and Mitigation 28 Monitoring and Reporting Program, analyzing the information submitted by staff, and ff 1 2 3 4 5 6 A) That the foregoing recitations are true and correct 8 19 21 22 23 considering any written comments received, the Planning Commission considered all factors relating to the Project EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 7 B) That the Final Project Environmental Impact Report consists of the Final Project Environmental Impact Report, EIR 09-01, dated October 19, 2011, appendices, written comments and responses to comments, as amended to g include the comments and documents of those testifying at the public hearing and responses thereto is hereby found to be in good faith and reason by incorporating 10 a copy of the minutes of said public hearing into the report, all on file in the Planning Division incorporated by this reference, and collectively referred to 11 as the "Report." 12 C) That the Environmental Impact Report, EIR 09-01, as so amended and evaluated 13 is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is 14 adequate and provides reasonable information on the project and all reasonable ^ ^ and feasible alternatives thereto, including no project. Ig D) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Refined No 17 Affordable Housing Site Altemative described in the Environmental Impact Report for Dos Colinas, EIR 09-01 and RECOMMENDS ADOPTION of the 18 Candidate Findings of Fact ("CEQA Findings") attached hereto marked as "Exhibit A" and incorporated by this reference and of the Mitigation Monitoring and Reporting Program ("Program"), attached hereto marked 2Q as "Exhibit B" and incorporated by this reference; based on the following findings and subject to the following condition. Findings: 1. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 09-01, the Candidate Findings of Fact, and the Mitigation Monitoring and 24 Reporting Program, have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State EIR Guidelines, and the Environmental 25 Review Procedures of the City of Carlsbad. 2^ 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and 2j considered Final Project EIR 09-01, the environmental impacts therein identified for this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") attached 28 hereto as "Exhibit A," and the Mitigation Monitoring and Reporting Program ("Program") attached hereto as "Exhibit B," prior to RECOMMENDING APPROVAL of this project. PC RESO NO. 6825 -2- ^ The Planning Commission finds that Final EIR 09-01 reflects the independent 2 judgment of the City of Carlsbad Planning Commission. 3 4. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings 4 ("Exhibit A"), including feasibility of mitigation measures pursuant to Public Resources 2 Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 5 5. The Planning Commission hereby finds that the Program ("Exhibit B") is designed to ensure that during project implementation, the Developer and any other responsible 7 parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 8 g 6. The Record of Proceedings for this project consists of The Report, CEQA Findings, and Program; all reports, applications, memoranda, maps, letters and other 10 planning documents prepared by the planning consultant, the environmental consultant, and the City of Carlsbad that are before the decision makers as 11 determined by the City Clerk; all documents submitted by members of the pubhc and pubUc agencies in connection with the Project EIR; minutes of all public meetings and public hearings; and matters of common knowledge to the City of 13 Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan 14 which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director of Planning. 12 15 16 Condition: 17 1. The Developer/Owner shall implement the mitigation measures described in "Exhibit B," the Mitigation Monitoring and Reporting Program, for the mitigation 18 measures and monitoring programs applicable to development of Dos Colinas. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6825 1 2 3 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, Califomia, held on October 19, 2011, by the following vote, to wit: ^ AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher, Scully and Siekmann NOES: ABSENT: ABSTAIN: 'I^te^^'^ffi^EUX, Ch STEPHE^J^fl?^ L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 6 7 8 9 10 11 12 13 14 15 16 17 DON NEU 18 Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6825 l4 CEQA Findings Exhibit "A" October 19, 2011 California Environmental Quality Act Findings (Public Resource Code § 21081, CEQA Guidelines § 15091) for the Final Environmental Impact Report on Dos Colinas EIR 09-01; GPA 09-02; ZC 09-02; MS 09-04; CUP 09-02; SDP 09-02; RMHP 96-01(0); LFMP 15(E); SUP 09-02; HDP 09-02; HMP 09-02 (SCH No. 2009111085) 1.0 Introduction A Draft EIR was prepared for the Dos Colinas project, which included analysis of the proposed project and alternatives to the project that would meet the most basic project objectives. The Draft EIR was available for public review and comment for a period of 45 days (September 27, 2010 through November 10, 2010). Comments were received by the City from agencies, organizations, and individuals regarding the potential impacts to Agua Hedlonda Creek associated with the affordable housing site and development in the southern portion of the CCRC site. To respond to such concerns and environmental impacts, the No Affordable Housing Site Alternative was refined by the project applicant and design documents were submitted to the City for review and comment. This Refined No Affordable Housing Site Alternative included the deletion of the offsite affordable housing component ON APN 209-060-68, and the omission of the southern parcel (APN 209-060-71), relocation of a small detention basin and four cottage units in the southern portion of the CCRC. These changes were incorporated to further reduce potential impacts to Agua Hedionda Creek. Analysis within Section 6,4 of the Final EIR was expanded to clarify and provide further detail of the potential impacts of the Refined No Affordable Housing Site Alternative to the proposed project. This refined alternative is an environmentally superior alternative under CEQA, The following Findings of Fact pursuant to Public Resource Code § 21081; CEQA Guidelines § 15091, have been drafted for the Refined No Affordable Housing Site Alternative. The applicant and City planning staff support the review and adoption of the Refined No Affordable Housing Site Alternative. 1.1 Proposed Project The proposed project consists of 55.7 gross acres of land located in the northeast quadrant of the City of Carlsbad (City), San Diego County, Generally, the project site is located approximately 3 miles east of Interstate 5 and 2,5 miles south of State Route 78, More specifically, the site is located Dos Colinas Final EIR .1 EIR 09-01 CEQA Findings Exhibit "A" October 19,2011 north of the intersection of Sunny Creek Road and College Boulevard, north of El Camino Real, and south of Cannon Road, The future alignment of College Boulevard Reach "A" will define the eastern boundary of the Continuing Care Retirement Community site, as well as the western boundary of the affordable housing site. The Dos Colinas project consists of three primary components: 1) the development of a 309-unit Continuing Care Retirement Community (CCRC); 2) the relocation and reconstruction of a recreational vehicle (RV) storage and garden area for the residents of Rancho Carlsbad Estates; and, 3) the development of a 29-unit income restricted multi-family development (i,e„ apartments). Continuing Care Retirement Community The CCRC project is comprised of a total of 309 commercial living units. The housing types include detached cottages, and attached independent living and assisted living units. Each of the CCRC unit-types will be available for lease only. The facility is classified as a Professional Care Facility, as defined pursuant to Carlsbad Municipal Code Section 21,04,295, which will include dietary and medical services, and support services such as meals, housekeeping, laundry, transportation, social/personal care services, and recreational activities. Parking for the independent living buildings will be provided by a subterranean parking garage (52 spaces) located within Building #3 as well as a surface parking lot (280 spaces) which is intended to be shared with the assisted living unit building. The easterly boundary of the CCRC site will be defined by the future extension of College Boulevard Reach "A," (EIR No. 98-02, SCH No, 99111082), RV Storage/Garden Site The proposed project also involves the relocation and reconstruction of an existing off-site recreational vehicle storage and garden lot for the Rancho Carlsbad Estates community, to northwestern boundary of the project site, western of the CCRC site and adjacent to the Rancho Carlsbad Estates Community, These facilities will be relocated from their current location off-site on APN 168-050-36 to the project site. The relocation of the existing RV storage and garden areas is required as a mitigation measure for the previously-certified Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No, 4 & Detention Basins Environmental Impact Report (EIR No. 98- 02, SCH No. 99111082), Affordable Housing Site The affordable housing site is proposed to be developed on a 3,2-gross acre vacant parcel located approximately 400 feet southeast of the CCRC and RV storage and garden parcels (APN 209-060-68), The subject parcel is proposed to be subdivided into two lots which will accommodate the affordable housing development, as well as open space to preserve the area encompassing Agua Hedionda Creek and the supporting riparian canopy, A total of 29 low- income multi-family affordable units are proposed, 1.2 Refined No Affordable Housing Site Alternative Dos Colinas Final EIR EIR 09-01 CEQA Findings Exhibit "A" .._.„_ October 19, 2011 As noted above, as a result of comments received during the Draft EIR public review period, the project applicant has proposed a Refined No Affordable Housing Site Alternative that would omit the affordable housing site (APN 209-060-68) that was a component of the proposed project. The Refined No Affordable Housing Site Alternative would further reduce impacts associated with the development of the proposed CCRC by reducing the number of cottages by four living units, to a total of 58 units and eliminating the grading and development under the proposed project on the equestrian parcel (APN 209-060-71), This refined alternative is the recommended project design supported by both City Staff and applicant for consideration by the City Council for adoption and implementation. Under the refined alternative, no amendments to the Sunny Creek Specific Plan are proposed. The Refined No Affordable Housing Site Alternative would consist of 46,0 gross acres within one parcel (APN 209-060-70), The parcel is proposed for subdivision into three separate legal lots for the community care facility, the RV storage, and open space. The Refined No Affordable Housing Site Alternative development plan consists of a total of 305 commercial living units, consisting of cottages, and Independent Living (IL) and Assisted Living (AL) units. Under this alternative, the affordable housing site (APN 209-060-68) would not be developed with 29 affordable housing units as a component of the proposed project and the site would remain in its existing condition as primarily vacant land, and not be subject to any environmental review or permitting. However, the inclusionary housing would still apply to the proposed project. Therefore, as an alternative to the current inclusionary housing proposal, the applicant has proposed to designate 20 of the independent living units on-site as income-restricted or 24 units offsite at a location to be determined (pursuant to the City's Housing Policy Team, March, 17, 2011) prior to recordation of the final map, 1.3 Project Objectives The following statements represent objectives of the project. These objectives also provide a basis for identification of alternatives evaluated in the EIR, • Construct and operate a community that will be licensed by the California State Department of Social Services as a Continuing Care Retirement Community (CCRC) which meets all applicable state and local licensing requirements and complies with all applicable regulations; • Operate the facility in compliance with the Fair Housing Act definition of "housing for older persons" in that at least one person who is 55 or older will occupy at least 80 percent of the occupied units; Construct and operate a multi-unit professional care facility/senior community catering to older adults desiring access to various onsite sen/ices; Dos Colinas Final EIR EIR 09-01 \1 CEQA Findings Exhibit "A" . October 19, 2011 • Construct and operate a facility that provides a "supportive living" approach to provide services in a home environment, blending in the latest knowledge and expertise from the various long-term and personal care disciplines; • Provide residents with an environment that allows them as much independence as possible, yet is safe, resulting in maximizing their quality of life and dignity; • Construct and operate a project that provides a residential setting that provides and coordinates housing, basic and personal care services, 24-hour supervision and assistance (scheduled and unscheduled), activities, and health-related sen/ices; • Provide the highest quality service-enhanced community for seniors in the market; • Design a senior community which encourages social interaction by providing a variety of common indoor and outdoor recreation areas/activities; • Provide a facility that allows for protective oversight of residents including monitoring of the general condition and whereabouts of a resident with regular visits by personal aides, regular health check-ups and a 24-hour emergency call system; • Provide for compatible and complimentar/ adjacent land uses and facilities; • Implement a project that is sensitive to the environment and aesthetically pleasing; • Strengthen the City's tax base and economic viability through property taxes; • Provide increased employment opportunities for local residents; • Construct a multi-family affordable housing development to comply with the City's Affordable housing requirements; • Provide multi-family units that will add to the diversity of housing opportunities within the City; • Construct College Boulevard Reach "A" to complete this General Plan Circulation Element Roadway; • Provide a topographically level area which is conducive for senior citizens; • Locate a senior community in an area which is within a reasonable walking distance of a bus or transit stop; • Relocate the existing Rancho Carlsbad Estates RV storage and garden areas in order to satisfy the mitigation measure requirement for the previously certified College Boulevard Reach "A" EIR (EIR 98-02, SCH No, 99111082); • Provide additional emergency access to and from Rancho Carlsbad Estates through the proposed project site; and • Development and retention of open space and wildlife habitat through the preservation and enhancement of sensitive flora and fauna. Dos Colinas Final EIR EIR 09-01 CEQA Findings Exhibit "A" October 19, 2011 1.4 Purpose of CEQA Findings CEQA Findings play an important role in the consideration of projects for which an EIR is prepared. Under Public Resources Code §21081 and CEQA Guidelines §15091, where a final EIR identifies one or more significant environmental effects, a project may not be approved until the public agency makes written findings supported by substantial evidence in the administrative record regarding each of the significant effects. In turn, the three possible findings specified in CEQA Guidelines §15091 (a) are: (1) Changes or alterations tiave been required in, or incorporated into, ttie project, which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are viithin the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3j Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. CEQA Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was prepared unless either: 1, The project approved will not hove a significant effect on the environment, or 2, The agency has: a. Eliminated or substantially lessened all significant effects where feasible as shown in the findings under Section 15091; and, b. Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093, 2.0 Findings of Significant Impacts, Required Mitigation Measures and Supporting Facts The City, having reviewed and considered the information contained in the EIR, finds pursuant to Public Resources Code §21081 (a)(1) and Guidelines §15091 (a)(1) that changes or alterations have been required in, or incorporated into, the Project which would mitigate, avoid, or substantially lessen to below a level of significance the following potential significant environmental effects identified in the EIR, 2.1 Air Quality Dos Colinas Final EIR 5 EIR 09-01 ,r, CEQA Findings Exhibit "A" October 19, 2011 A. Significant Impact. The Refined No Affordable Housing Site Alternative would result in exceedances in oxides of nitrogen (NOx) of the San Diego Air Pollution Control District (SDAPCD) threshold during the Rough Grading/Hauling construction phase (short-term impact). B. Facts in Support of Finding (1). The Project's potentially significant air quality impact would be mitigated to below a level of significance with implementation of Mitigation Measures AQ-1 and AQ-2, provided below from the Final EIR (Section 6.4). C. Mitigation Measures Mitigation Measure AQ-1 Construction equipment shall be equipped with an engine designation of EPA Tier 2 or better Tier (Tier 2+). A list of the construction equipment and the associated EPA Tier shall be submitted to the City Planning Department prior to issuance of a grading permit. Mitigation Measure AQ-2 All scraper equipment shall meet the "Blue Sky Series" equivalent standard. The "Blue Sky Series" designation (40 CFR Part 89) is a voluntary program enacted by the USEPA requiring participating engine manufactures to produce cleaner burning engines that are at least 40% better than the current Tier 2 or 3 mandates. This measure would require the use of scraper equipment that meets this standard (or equivalent). These standards are specified below: • The maximum CO emissions from Tier 2 equipment is 0,0082 pounds per horsepower-hour (Ib/HP-hr) for equipment with power ratings between 50 and 175 HP, and 0.0057 Ib/HP-hr for equipment with power ratings over 175 HP, Tier 3 ratings only apply between 50 to 750 HP and are identical to Tier 2 requirements. Tier 4 requirements (to be phased-in between 2008 and 2015) set a sliding scale on CO limits ranging from 0,0132 Ib/HP-hr for small engines, to 0,0057 Ib/HP-hr for engines up to 750 HP. • The maximum NOx and PMIO emissions from Tier 2 equipment are 0,0152 and 0.0003 Ib/HP-hr regardless of the engine size. Tier 3 emissions were either not adopted or must meet the Tier 2 requirement. Tier 4 standards further reduce this level to 0,0006 Ib/HP-hr for NO, and 0,00003 Ib/HP-hr for PM for engines over 75 HP. A list of the scraper equipment and the associated EPA Tier (Blue Sky Series or equivalent) shall be submitted to the City Planning Department prior to issuance of a grading permit, 2.2 Greenhouse Gas Emissions A. Significant impact. Implementation of the Refined No Affordable Housing Site Alternative would contribute approximately 1,524 metric tons CDE/year which would exceed the 900-ton Dos Colinas Final EIR 6 EIR 09-01 nh CEQA Findings Exhibit "A" October 19, 2011 quantitative threshold suggested by the California Air Pollution Control Officers Association (CAPCOA). The project is required to be consistent with the requirements of AB ,32. B. Facts in Support of Finding (1). The Project's potentially significant impact would be mitigated to below a level of significance with implementation of Mitigation Measures GHG-1 and GHG- 2, provided below from the Final EIR (Section 6,4), C. Mitigation Measures Mitigation Measure GHG-1 Prior to the issuance of a grading permit for any phase of project development, the proposed project shall demonstrate that the following greenhouse gas offset measures have been implemented, or will be implemented during construction activities. The Diesel Equipment (Compression Ignition) offset Strategies (40% to 60% Reduction): 1, Electricity from power poles shall be used rather than temporar/ diesel power generators. 2, Construction equipment operating onsite shall be equipped with two to four degree engine timing retard or precombustion chamber engines, 3, Scraper equipment shall meet the "Blue Sky Series" equivalent standard (reference Mitigation Measure AQ-2 in Section 5.3-Air Quality,) 4, Other construction equipment used for the project shall utilize EPA Tier 2 or,better engine technology. Vehicular Trip (Spark Ignition) Offset Strategies (30% to 70% Reduction): 1. Transportation Demand Management (TDM) Measures: Commute alternatives shall be encouraged by informing construction employees and customers about transportation options for reaching your location (i.e. post transit schedules/routes). 2. Construction vehicles shall be kept well maintained to prevent leaks and minimize emissions. Mitigation Measure GHG-2 Prior to the issuance of a building permit for any habitable structure, the Applicant shall demonstrate compliance with the following measures. These measures shall be shown on the building plans for each component of the project (i,e., IL and AL buildings, and cottages), to ensure that the features will be incorporated into the project. Verification of compliance can be accomplished as part of City inspection of buildings prior to issuance of certificate of occupancy, Onsite Energy Offset Strategies (50% to 70% Reduction): 1, All new structures shall meet California Code of Regulations Title 24 part 6: California's Energy Efficiency Standards, Dos Colinas Final EIR EIR 09-01 7\ CEQA Findings Exhibit "A" October 19,2011 2, All new structures shall use compact fluorescent lights, 4, Dimmable ballasts to dim lights to take advantage of daylight shall be installed, 5, A programmable thermostat shall be installed in all habitable units to control heating and air conditioning, 6, All major hot water pipes shall be insulated, 7, Refrigeration cold suction lines shall be insulated, 8, Weather stripping shall be used to close air gaps around doors and windows, 9, Electrical equipment, including all appliances shall be Energy Star compliant. 10, Ceiling fans shall be installed in the cottages. 11, Transportation Demand Management (TDM) Measures: • Vanpool/Shuttle sen/ice for senior residents; • Van use/Shuttle service to public transportation for employees; and • Corpool promotion and parking spaces available for employees, 2.3 Noise 2.3.1 Construction Noise A. Significant impact. Implementation of the proposed project would result in a significant noise impact (exceedance of 75-dBA Leq-8h threshold) related to construction activities affecting adjacent noise-sensitive uses. The closest existing residences to the construction area for the RV storage lot are the Rancho Carlsbad Estates, located approximately 25 or more feet from the western property boundary of the RV storage lot. Based on the construction equipment and distance to the closest residences, the construction noise is anticipated to generate intermittent maximum noise levels of up to approximately 90 dBA at the adjacent residences. B. Facts in Support of Finding (1). The Project's potentially significant impact related to construction noise would be mitigated to below a level of significance with implementation of Mitigation Measure N-1, provided below from the Final EIR (Section 6.4). C. Mitigation Measure Mitigation Measure N-1 Prior to Grading Permit issuance for Phase 1 and Phase II, the Applicant shall ensure that: • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Dos Colinas Final EIR EIR 09-01 CEQA Findings Exhibit "A" October 19, 2011 • Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible, • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive noise receivers, • During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors, • The project shall be in compliance with the City's Municipal Code such that grading activities are limited to the hours of 7:00 a,m. to sunset, Monday through Friday, and between 8:00 a,m, and sunset on Saturday. 2.3.2 Exfehor Recreational Noise A. Significant impact. Onsite parks and courtyards are proposed to be located on the project site, including a larger park, with an amphitheater, picnic area, and children's play area west of Independent Living Building 3. The closest onsite resident has the potential to be exposed to recreational noise associated with the use of the pork amphitheatre, picnic area, and children's play area. B. Facts in Support of Finding (1). The Project's potentially significant impact related to exterior recreational noise would be mitigated to below a level of significance with implementation of Mitigation Measure N-2, provided below from the Final EIR (Section 6.4). C. Mitigation Measure Mitigation Measure N-2 The park amphitheater, picnic area, recreation areas for the IL buildings, and children's play area shall not be used between the hours of 10:00 p.m, and 7:00 a,m. This restriction shall be included as a condition to the CCRC facility's conditional use permit, 2.3.3 Traffic Generated Noise: Exterior A. Significant Impact. The ground floor noise level of the assisted/independent living buildings adjacent to College Boulevard would range up to 71 dB CNEL. The noise level would exceed the City's noise guidelines (60 dB threshold) by up to 11 dB, and would result in a significant noise impact. In addition, the backyards of the homes located adjacent to College Boulevard at the north and south cluster of cottages would be exposed to noise levels greater than 60 dB CNEL Dos Colinas Final EIR EIR 09-01 CEQA Findings Exhibit "A" October 19, 2011 B, Facts in Support of Finding (1). The Project's potentially significant impact related to traffic generated noise would be mitigated to below a level of significance with implementation of Mitigation Measure N-3, provided below from the Final EIR (Section 6.4), C. Mitigation Measure Mitigation Measure N-3 Prior to the issuance of building permits for any building associated with Phase 11, six to ten-foot high noise barriers shall be constructed to mitigate noise impacts adjacent to College Boulevard. The noise barrier heights at the CCRC site are depicted on Figure 6.4-14. The noise barriers may be constructed as a wall, berm, or combination of both; however, the overall height of the masonry wall shall not exceed six feet. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. The wall may be constructed of 5/8 inch Plexiglas, any masonry material, or a combination of these materials. 2.3.4 Traffic Generated Noise: Inferior A. Significant impact. The three independent living buildings and assisted living/Alzheimer's buildings would be exposed to interior noise levels exceeding the City of Carlsbad's maximum threshold of 45 dB for residential land uses. B. Facts in Support of Finding (1). The Project's potentially significant impact related to traffic generated noise would be mitigated to below a level of significance with implementation of Mitigation Measure N-4, as provided below from the Final EIR (Section 6,4), C. Mitigation Measure Mitigation Measure N-4 Prior to the issuance of building permits for the development of Phase 11, an interior noise study will be required for the three independent living buildings and the assisted living/Alzheimer's building to ensure that the interior CNEL would not exceed 45 dB. Any additional measures identified by the acoustical analysis that are necessary to achieve an interior standard of 45 dB CNEL shall be incorporated into the building/architectural plans. The buildings will require air-conditioning and/or mechanical ventilation and possibly sound-rated windows to mitigate the interior noise impact. 2.3.5 Heating Venfilafion and Air Conditioning Equipment Noise A. Significant Impact. Implementation of the Refined No Affordable Housing Site Alternative has the potential to expose the inhabitants of the future cottages, located adjacent to the independent living and assisted living/Alzheimer's buildings, to noise related to heating, ventilation, and air conditioning (HVAC) equipment. Dos Colinas Final EIR EIR 09-01 7 4 CEQA Findings Exhibit "A" October 19,2011 B. Facts in Support of Finding (1). The Project's potentially significant impact related to heating ventilation and air conditioning equipment noise would be mitigated to below a level of significance with implementation of Mitigation Measure N-5, provided below from the Final EIR (Section 6.4). C. Mitigation Measure Mitigation Measure N-5 Prior to finalizing the mechanical equipment plans for the independent living buildings and the assisted living/Alzheimer's building of Phase 11, the plans shall be evaluated to ensure that outdoor mechanical equipment noise would at a minimum not exceed 60 dB CNEL at the proposed adjacent cottage residences. 2.3.6 McClellan-Palomar Airport Noise A. Significant impact. The project site is located within the McClellan-Palomar Airport Overflight Notification Area. As such, the project may be subject some of the annoyances or inconveniences associated with proximity to airport operations. This is considered a significant noise impact, B. Facts in Support of Finding (1). The Project's potentially significant impact related to airport noise would be mitigated to below a level of significance with implementation of Mitigation Measures N-6 and N-7, provided below from the Final EIR (Section 6.4), C. Mitigation Measures Mitigation Measure N-6 New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP shall be notified as part of the standard Carlsbad Noise Disclosure that the project area is outside the 60 db(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport, The state statute dictates that the following statement shall be provided: Dos Colinas Final EIR EIR 09-01 / CEQA Findings Exhibit "A" October 19, 2011 NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as on airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. This measure shall be implemented through inclusion of the standard Carlsbad Noise Disclosure in the lease for the residents of the senior community. Prior to issuance of building permits for Phase 11, the City of Carlsbad Planning Department shall be responsible for verification of implementation of this measure. Mitigation Measure N-7 Prior to recordation of the final map for Phase 11, an overflight notification document shall be recorded for any local agency approval or new residential land use development within the overflight notification area. The document shall inform property owners that the property is subject to aircraft overflight, aircraft noise exposure, and other airport-related impacts. The City of Carlsbad Planning Department shall be responsible for verification of implementation of this measure through the recordation of a Notice ("Noise Form No. 2"). 2.4 Biological Resources 2.4. / Phase / A. Significant Impact. The relocation of the RV storage and garden area, as part of Phase 1 of the Refined No Affordable Housing Site Alternative, would permanently impact approximately 7,0 acres of extensive agriculture and 0.6 acre of disturbed habitat (HMP Habitat Group F). The new location of the RV storage and garden area is designed to replace existing off-site facilities located northeast of College Boulevard-Reach "A"; this is a required mitigation measure of the Final EIR for the College Boulevard Reach "A" (EIR No. 98-02 SCH No. 99111082). The impacts to extensive agriculture and disturbed habitat are considered significant per the City's HMP. In addition, 0.1 acre of extensive agriculture and 0.1 acre of disturbed habitat would be temporarily impacted by the development of Phase 1, B. Facts in Support of Finding (1). The Project's potentially significant biological resources impacts associated with Phase 1 of the project would be mitigated to below a level of significance with implementation of Mitigation Measures B-1 through B-4, provided below from the Final EIR (Section 6.4), C. Mitigation Measures Dos Colinas Final EIR EIR 09-01 7 0 CEQA Findings Exhibit "A" October 19, 2011 Mitigation Measure B-1 Prior to issuance of a grading permit for improvements proposed for Phase 1 of construction (i.e., grading to support the new RV storage/garden plot parcel), per the Carlsbad HMP, the Applicant shall pay in-lieu mitigation fees as a result of significant direct impacts to 7.0 acres of extensive agriculture (HMP Habitat Group F) and 0,6 acre of disturbed habitat (HMP Habitat Group F), The in- lieu mitigation fees shall be in an amount to be determined pursuant to the City of Carlsbad Fee Schedule, Mitigation Measure B-2 Prior to issuance of a grading permit for improvements proposed for Phase 1, construction (grading and building) and design measures listed below shall be implemented into the construction documents to avoid and minimize the likelihood of unanticipated impacts occurring, • A monitoring biologist shall be onsite during a) the initial clearing and grubbing of habitat and b) project construction within 300 feet of sensitive habitat to ensure compliance with all conservation measures. The biologist shall be knowledgeable of upland and wetland biology and ecology. The biologist shall perform the following duties: Oversee installation of, and inspect temporary fencing and,erosion control measures approximately once per week (or as determined necessary by the biologist and City Project Manager) and daily during all rain events to ensure that any breaks in the fence or erosion control measures are repaired immediately. Monitor the work area weekly (or as determined necessary by the biologist and City Project Manager) to ensure that work activities do not generate excessive amounts of dust. Train all contractors and construction personnel on the biological resources associated with this project and ensure that training is implemented by construction personnel. At a minimum, training should include: a) the purpose for resource protection; b) the conservation measures that should be implemented during project construction, including strictly limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i,e„ avoided areas delineated on maps or on the project site by fencing); d) environmentally responsible construction practices, and e) the protocol to resolve conflicts that may arise at any time during the construction process. Halt work, if necessary, and confer with the Wildlife Agencies to report any violation to the Wildlife Agencies within 24 hours of discovery of its occurrence. • Prior to construction activities, the construction manager should implement and maintain BMPs according to the City's HMP and/or according to Appendix B of the Final MHCP Subarea Plan, Volume 11. Dos Colinas Final EIR 13 EIR 09-01 Al CEQA Findings Exhibit "A" October 19, 2011 • Prior to construction activities, all wetland areas within 50 feet of construction shall be protected by orange environmental fencing to protect them from damage (if determined necessary by the biologist and City Project Manager). Fencing shall be implemented and maintained by the construction manager and not interfere with wildlife movement or flows along the riparian corridors. • Prior to construction activities, the construction manager shall implement and maintain silt fencing or other sediment trapping devices in order to prevent run-off from entering the water systems during construction activities, • Adequate requirements for dust, drainage, and erosion control shall be incorporated into project plans and grading conditions. The erosion control material used for revegetation purposes shall include a hydroseed-mix of non-invasive herbaceous species, consisting of similar species currently on site. Specifically, the hydroseed-mix shall avoid those species listed by the California Invasive Plant Inventor/ (Cal-lPC) in the California Invasive Plant Inventory (2007), • Construction storm water management plans shall be prepared and followed through the implementation of a Storm Water Pollution Prevention Plan (SWPPP), • The Applicant and the contractor shall execute a construction contract that includes the following requirements: a) employees shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint; b) the project site shall be kept as clean of debris as possible (all food related trash items should be enclosed in sealed containers and regularly removed from the site); c) pets of project personnel shall not be allowed on the project site; d) disposal or temporary placement of excess fill, brush or other debris should not be allowed in adjacent waters of the United States or their banks; and e) all equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated staging areas outside of waters of the United States within the fenced project impact limits. Fueling of equipment shall take place within existing paved areas greater than 100 feet from waters of the United States, Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. • All environmental permits and authorizations for work shall be kept on site and fully reviewed and complied with by the project superintendent and City representative. Mitigation Measure B-3 After completion of site grading and associated Phase 1 improvements for the RV storage/garden parcel, areas temporarily impacted shall be revegetated with appropriate native species for erosion control purposes. Mitigation Measure B-4 If construction (grading) of Phase I would occur during the migratory bird breeding season (generally defined as January 15 - September 15), a pre-construction sun/ey for active migratory bird nests including raptor nests shall be conducted within approximately forty-eight (48) hours prior Dos Colinas Final EIR EIR 09-01 CEQA Findings Exhibit "A" October 19, 2011 to the start of construction. The results of the survey shall be submitted to the City and CDFG in the form of a written report, and should include the following information: a) date(s) of sun/ey, b) total field time of sun/ey efforts, c) name(s) of investigator(s), and d) if any active nests were found. If an active bird nest were found, no "take" of nesting migratory birds may occur in accordance with regulatory requirements of the federal MBTA and California Fish and Game Codes §3503 and §3513. Based on similar projects, if the survey identifies an active nest, a buffer shall be established between the construction activities and the active nest so that nesting activities are not interrupted. The buffer shall be delineated by temporary fencing, and would be in effect throughout construction or until the nest is no longer active. The buffer shall be a minimum of 100 feet of a non-listed nesting migratory bird nest and 300 feet from an active raptor nest. The Applicant may consult with CDFG to discuss a reduced buffer size if species sensitivity and localized conditions (e,g„ width and type of screening vegetation between the nest and the proposed activity, terrain, existing level of human activity within the buffer and in the surrounding area, and existing ambient level) warrant a reduced buffer, 2.4.2 Phase // A. Significant impact. Phase 11 of the Dos Colinas project may result in impacts to vegetation communities, jurisdictional wetlands and waterways, and migratory birds. These impacts are discussed in detail below. Approximately less than 0.1 acre of disturbed valley needlegrass and 0,6 acre of Diegan coastal sage scrub located within the CCRC footprint would be permanently impacted due to the development of Phase 11. Permanent impacts would also occur to approximately 0,1 acre of eucalyptus woodland, 27.2 acres of extensive agriculture, and 1.1 acres of disturbed habitat due to the development of Phase 11. All permanent impacts to disturbed valley needlegrass grassland (HMP Habitat Group B), Diegan coastal sage scrub (HMP Habitat Group D), eucalyptus woodland (HMP Habitat Group F), extensive agriculture (HMP Habitat Group F), and disturbed habitat (HMP Habitat Group F) are significant under CEQA and the City's HMP, In addition, approximately less than 0.1 acre of Diegan coastal sage scrub, 0,1 acre of eucalyptus woodland, 0.2 acre of extensive agriculture, and 0.1 acre of disturbed habitat would be temporarily impacted with implementation of Phase 11 of the refined alternative. As part of Phase 11 of the Dos Colinas project, an off-site storm drain will be constructed to provide permanent drainage for the project site. The refined alternative cannot avoid direct permanent impacts to waters regulated as streambank by the CDFG for the construction of the storm drain. Construction of the off-site storm drain will result in an impact to 0.01 acre of non-vegetated earthen stream bank subject to regulation by the California Department of Fish and Game. With regards to sensitive species, construction activities associated with Phase 11 of the Dos Colinas project may result in impacts to raptors, least Bell's vireo and lower sensitivity species. Dos Colinas Final EIR EIR 09-01 CEQA Findings Exhibit "A" October 19, 2011 Impacts include exposure to construction noise and loss of habitat due to the removal of trees on-site. Moreover, Phase 11 could result in potential indirect impacts such as increased erosion or sedimentation offsite along Little Encinas Creek and Agua Hedionda Creek as a result of ground disturbance from construction of the RV Parking/Garden parcel, planned senior community storm drain channel, and sewer access road. In addition, intrusion of invasive non- native species could occur passively through natural seed recruitment in disturbed onsite soils and/or actively through site development revegetation or erosion control measures. Indirect impacts may also result from artificial lighting during construction and/or site development lighting that could affect adjacent natural areas, B, Facts in Support of Finding (1). The Project's potentially significant biological resource impacts associated with Phase 11 of the project would be mitigated to below a level of significance with implementation of Mitigation Measures B-5 through B-15, provided below from the Final EIR (Section 6,4), C. Mitigation Measures Mitigation Measure B-5 Pursuant to the HMP, a mitigation ratio of 3:1 shall be applied to permanent impacts to <0.1 (0.04) acre of disturbed valley needlegrass grassland and a mitigation ratio of 1:1 shall be applied to permanent and temporary impacts to 0.65 acre of Diegan coastal sage scrub. As a result, 0.13 acre of valley needlegrass grassland would be created within Parcel 3 via removal of 0,13 acres of extensive agriculture habitat and replacement with native grasses with a minor inclusion of Diegan coastal sage scrub constituents. Project mitigation for impacts to Diegan coastal sage scrub shall occur via preservation of 1.08 acres of existing Diegan coastal sage scrub within Parcel 3. Parcel 3 will be preserved as open space in perpetuity. Prior to the issuance of a grading permit or clearing of any habitat associated with Phase 11, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot which is being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for consen/ation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. Dos Colinas Final EIR EIR 09-01 A)0 CEQA Findings Exhibit "A" October 19, 2011 d. Record a Conservation Easement over the open space lot(s). The conservation easement shall meet the minimum standards outlined pursuant to CMC Section 21,21,050(C) and the HMP. e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. The Preserve Management Plan shall meet the minimum standards outlined pursuant to CMC Section 21,210,050(D) and the HMP, Mitigation Measure B-6 Prior to issuance of a grading permit for improvements proposed for Phase 11, construction (grading and building) and design measures listed below shall be implemented into the construction documents to avoid and minimize the likelihood of unanticipated impacts occurring. • A monitoring biologist shall be onsite during a) the initial clearing and grubbing of habitat and b) project construction within 300 feet of sensitive habitat to ensure compliance with all conservation measures. The biologist shall be knowledgeable of upland and wetland biology and ecology. The biologist shall perform the following duties: Oversee installation of, and inspect temporary fencing and erosion control measures approximately once per week (or as determined necessary by the biologist and City Project Manager) and daily during all rain events to ensure that any breaks in the fence or erosion control measures are repaired immediately. Monitor the work area weekly (or as determined necessary by the biologist and City Project Manager) to ensure that work activities do not generate excessive amounts of dust. Train all contractors and construction personnel on the biological resources associated with this project and ensure that training is implemented by construction personnel. At a minimum, training should include: a) the purpose for resource protection; b) the conservation measures that should be implemented during project construction, including strictly limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e,, avoided areas delineated on maps or on the project site by fencing); d) environmentally responsible construction practices, and e) the protocol to resolve conflicts that may arise at any time during the construction process. Halt work, if necessary, and confer with the Wildlife Agencies to report any violation to the Wildlife Agencies within 24 hours of discovery of its occurrence. • Prior to construction activities, the construction manager shall implement and maintain BMPs according to the City's HMP and/or according to Appendix B of the Final MHCP Subarea Plan, Volume 11, • Prior to construction activities, all wetland areas within 50 feet of construction shall be protected by orange environmental fencing to protect them from damage (if determined necessary by the biologist and City Project Manager), Fencing shall be implemented and Dos Colinas Final EIR 17 EIR 09-01 AA CEQA Findings Exhibit "A" October 19, 2011 maintained by the construction manager and not interfere with wildlife movement or flows along the riparian corridors, • Prior to construction activities, the construction manager shall implement and maintain silt fencing or other sediment trapping devices in order to prevent run-off from entering the water systems during construction activities, • Adequate requirements for dust, drainage, and erosion control shall be incorporated into project plans and grading conditions. The erosion control material used for revegetation purposes shall include a hydroseed-mix of non-invasive herbaceous species, consisting of similar species currently on site. Specifically, the hydroseed-mix shall avoid those species listed by the California Invasive Plant Inventory (Cal-lPC) in the California Invasive Plant Inventory (2007). In addition to the above recommended hydroseed mix, the lowest detention basin in elevation, in the southwestern portion of the CCRC site shall be planted with native container plants as recommend by the biologist, • Construction storm water management plans shall be prepared and followed through the implementation of a Storm Water Pollution Prevention Plan (SWPPP), • The project shall incorporate low sodium, downcast/fully shielded temporary (during construction activities if required) and permanent lighting (associated with CCRC site and affordable site adjacent to the open space) within its lighting plan. • The Applicant and the contractor shall execute a construction contract that includes the following requirements: a) employees shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint; b) the project site shall be kept as clean of debris as possible (all food related trash items should be enclosed in sealed containers and regulariy removed from the site); c) pets of project personnel shall not be allowed on the project site; d) disposal or temporary placement of excess fill, brush or other debris should not be allowed in adjacent waters of the United States or their banks; and e) all equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated staging areas outside of waters of the United States within the fenced project impact limits. Fueling of equipment shall take place within existing paved areas greater than 100 feet from waters of the United States, Contractor equipment shall be checked for leaks prior to operation and repaired as necessary, • All environmental permits and authorizations for work shall be kept on site and fully reviewed and complied with by the project superintendent and City representative. Mitigation Measure B-7 After completion of site grading and associated Phase 11 improvements, all areas temporarily impacted shall be revegetated with appropriate native species for erosion control purposes. Mitigation Measure B-8 Dos Colinas Final EIR EIR 09-01 3 CEQA Findings Exhibit "A" October 19, 2011 Prior to issuance of a grading permit for improvements proposed for Phase 11 of construction, per the Carlsbad HMP, the Applicant shall pay in-lieu mitigation fees as a result of significant direct impacts to 27.3 acres of extensive agriculture (HMP Habitat Group F), 0.2 acre of eucalyptus woodland, and 1,1 acres of disturbed habitat (HMP Habitat Group F), The in-lieu mitigation fees shall be in an amount to be determined pursuant to the City of Carlsbad Fee Schedule, Mitigation Measure B-9 Prior to issuance of a grading permit for Phase 11, the alignment of the storm drain shall be finalized. If the storm drain cannot be located within the existing road at Rancho Carisbad, and construction of the storm drain is under the Proposed or Alternative 1 Stormdrain alignment, the construction of the storm drain will require the approval of a streambed alteration agreement with the CDFG, pursuant to section 1602 of the California Fish and Game Code, If Alternative 2 Stormdrain Alignment, as detailed in the above section, is selected for implementation, this mitigation is not applicable and shall be signed off. Dos Colinas Final EIR 19 EIR 09-01 CEQA Findings Exhibit "A" October 19,2011 Mitigation Measure B-10 If construction (grading) of Phase 11 would occur during the migratory bird breeding season (generally defined as January 15 - September 15), a pre-construction survey for active migratory bird nests including raptor nests shall be conducted within approximately forty-eight (48) hours prior to the start of construction. The results of the survey shall be submitted to the City and CDFG in the form of a written report, and should include the following information: a) date(s) of survey, b) total field time of survey efforts, c) name(s) of investigator(s), and d) if any active nests were found. If an active bird nest were found, no "take" of nesting migrator/ birds may occur in accordance with regulatory requirements of the federal MBTA and California Fish and Game Codes §3503 and §3513, Based on similar projects, if the survey identifies an active nest, a buffer shall be established between the construction activities and the active nest so that nesting activities are not interrupted. The buffer shall be delineated by temporar/ fencing, and would be in effect throughout construction or until the nest is no longer active. The buffer shall be a minimum of 100 feet of a non-listed nesting migrator/ bird nest and 300 feet from an active raptor nest. The Applicant may consult with CDFG to discuss a reduced buffer size if species sensitivity and localized conditions (e,g„ width and type of screening vegetation between the nest and the proposed activity, terrain, existing level of human activity within the buffer and in the surrounding area, and existing ambient level) warrant a reduced buffer. Mitigation Measure B-11 After the issuance of a grading permit, construction (grading) for Phase 11 adjacent to the occupied habitat, shall occur outside of the least Bell's vireo and Cooper's hawk breeding season (generally defined as January 15 - September 15). If avoidance of the nesting bird season is not feasible, vegetation removal and construction activities may occur during the restricted work period if the project biologist conducts a focused survey for active nests within forty-eight (48) hours prior to work in the area. The results of the survey shall be submitted to the City and Wildlife Agencies via fax and/or email. If the survey identifies an active nest, a buffer shall be established between the construction activities and the active nest so that nesting activities are not interrupted. The buffer shall be delineated by temporary fencing, and shall be in effect throughout construction or until the nest is no longer active. The buffer shall be a minimum of 300 feet around a Cooper's hawk nest and 500 feet around active least Bell's vireo nest. The Applicant may consult with the Wildlife Agencies to discuss a reduced buffer size if species sensitivity and localized conditions (e.g., width and type of screening vegetation between the nest and the proposed activity, terrain, existing level of human activity within the buffer and in the surrounding area, and existing ambient level) warrant a reduced buffer. Mitigation Measure B-12 If an active vireo nest is located, construction noise levels at the project edge closest to the occupied habitat shall be kept below ambient noise levels or 60 dBA (if ambient less than 60 dBA) from 5 a,m. to 11 a,m, during the peak nesting period of March 15 to July 15, For the balance of the day/season, the noise levels shall not exceed 60 decibfels, averaged over a one-hour period on an A-weighted decibel. Noise levels shall be monitored and monitoring reports shall be Dos Colinas Final EIR 20 EIR 09-01 CEQA Findings Exhibit "A" October 19, 2011 provided to the City and Wildlife Agencies via fax and/or email. Noise levels in excess of this threshold shall require written concurrence from the Wildlife Agencies and may require additional minimization/mitigation measures. Mitigation Measure B-13 Prior to issuance of a building permit, permanent fencing (i.e,, lodge pole with vinyl chain link screening the open areas between horizontal beams to prevent domestic animal intrusion) shall be installed along the southern border of the property (i.e. property line adjacent to APN 209-060-71, southern extent of south cluster of cottages and upland open space parcel). 2.5 Cultural Resources A. Significant Impact. The project is located in area containing dense scattering of prehistoric sites and is located near the Agua Hedionda Lagoon, a major resource center for prehistoric populations (the San Dieguito Complex, La Jolla Complex, and Luiseno Indians). As such, there is a potential that previously undiscovered archaeological resources could be encountered during grading activities associated with the Refined No Affordable Housing Site Alternative. B. Facts in Support of Finding (1). The Project's potentially significant cultural resources impact would be mitigated to below a level of significance with implementation of Mitigation Measures CR-1 A. through F., and CR-2, provided below from the Final EIR (Section 6,4), C. Mitigation Measures Mitigation Measure CR-1 Prior to the issuance of a grading permit, any development of the Refined No Affordable Housing Site Alternative will require the implementation of an Archaeological Monitoring Program as a mitigation measure. This program will provide the means to ensure that any historic or prehistoric resources that may be encountered during grading of the project are identified, evaluated, and subjected to mitigation measures, if necessary. The monitoring program will be directed by an individual approved by the City and who meets the minimum qualifications for Principal Investigator listed in 36 CFR 61 under the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation. The archaeologist will be qualified in site identification, significance evaluation of archaeological deposits, consultation with regulator/ agencies, and to plan site evaluation and mitigation activities. The qualified archaeologist must implement the grading monitoring program to mitigate potential impacts to undiscovered buried archaeological resources to the satisfaction of the City of Carisbad. The onsite monitors shall be experienced archaeologists operating under the direction of the Principal Investigator, The basis for this requirement is that any construction within the APE may include areas where potentially important buried cultural deposits could be discovered. In order to identify any significant and previously undocumented cultural deposits, the monitoring program will require the presence of an archaeological monitor, as well as a Luiseno Native American monitor, during all grading and Dos Colinas Final EIR 21 EIR 09-01 ,^5 CEQA Findings Exhibit "A" October 19,2011 excavation associated with the CCRC site under the refined alternative. This program shall include, but shall not be limited to, the following actions: A, Prior to project commencement, the qualified Principal Investigator and Native American monitor shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, B, During the cutting or excavation of previously undisturbed deposits, archaeological monitor(s) and Native American Observers shall be on site full-time to perform inspections of the excavations. The number of monitors will depend on the rate of excavation, the number of areas being graded at any one time, the materials excavated, and the presence and abundance of artifacts and features, C, In the event that previously unidentified and potentially significant cultural resources are discovered, the monitoring archaeologist shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources. The Principal Investigator shall contact the City of Carlsbad representative at the time of discovery. The Principal Investigator, in consultation with City staff, shall determine the significance of the discovered resources. For any significant cultural resources discovered during monitoring of grading, further mitigation measures (data recovery) will be necessary to complete the impact mitigation, A detailed description of the additional mitigation measures will be prepared by the consulting archaeologist and approved by the City, prior to implementation. Isolates and clearly non-significant deposits will be minimally documented in the field and the monitored grading can proceed, D, If any Native American burials, human skeletal or other remains including associated grave goods are discovered, the Principal Investigator shall contact the County Coroner and the City representative for the project immediately. In the event that the remains ore determined to be of Native American origin, the Most Likely Descendant (MLD, as identified by the Native American Heritage Commission, shall be contacted in order to determine proper treatment and disposition of the remains, E, All cultural material collected during the grading monitoring program shall be processed and curated according to current professional repository standards. The collections and associated records shall be transferred, including title, to an appropriate curation facility within San Diego County, to be accompanied by payment of the fees necessar/ for permanent curation. If the Native American representatives request that artifacts be repatriated to the local Native American community, this shall be conducted as directed by the City, F, Complete and submit to the satisfaction of the City, a final monitoring report for the project that documents the results, analysis, and conclusions of all phases of the Archaeological Monitoring Program. However, in the event that no cultural resources are discovered, a brief letter to that effect shall be sent to the City by the Principal Investigator that the grading monitoring activities have been completed. Regardless, the report shall Dos Colinas Final EIR 22 EIR 09-01 9 /, CEQA Findings Exhibit "A" October 19, 2011 include any updated Archaeological Site forms, which must also be submitted to the South Coastal Information Center. Mitigation Measure CR-2 Prior to commencement of grading of the CCRC site (including the RV storage and garden area), the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians, The purpose of the agreement will be to formalize monitoring requirements and procedures for the treatment of Native American human remains, burial, ceremonial or cultural sites that may be uncovered during any ground disturbance activity. 2.6 Geology/Soils A. Significant Impact. The project site for the Refined No Affordable Housing Site Alternative may be prone to landslides and slope instability, potential settlement, and liquefaction. In addition, the residual soils and deposits encountered within the project site are identified as moderately to highly expansive. Furthermore, because groundwater was encountered at the CCRC site, there is concern that the presence of deep, potentially compressible alluvial deposits coupled with shallow groundwater may cause a settlement hazard to the project site. B. Facts in Support of Finding (1). The Project's potentially significant geology/soils impact would be mitigated to below a level of significance with implementation of Mitigation Measure GS-1, provided below from the Final EIR (Section 6.4). C. Mitigation Measure Mitigation Measure GS-1 Prior to approval of final grading plans for either the CCRC site or RV storage/garden area, the City shall verify that all recommendations contained in the Updated Geotechnical Investigation Dos Colinas Residential Development have been incorporated into all final grading plans. The City's soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan compliance with the recommendations of the report. All future grading and construction of the project site shall comply with the geotechnical recommendations contained in the geotechnical reports. These reports identify specific measures for mitigating geotechnical conditions on the project site, and addresses grading, slope stability, foundations, concrete slabs-on-grade, and earth retaining walls, 2.7 Paleontological Resources A, Significant impact. Implementation of the Refined No Affordable Housing Site Alternative will require earthwork that will occur within Quaternary (Pleistocene terrace deposits) and Tertiary (Santiago Formation) deposits, including the Santiago Formation. These formations have a high paleontological resource sensitivity. Because the refined alternative will disturb Dos Colinas Final EIR 23 EIR 09-01 3? CEQA Findings Exhibit "A" October 19, 2011 geological formations that have a high sensitivity, the potential impact to paleontological resources is considered significant, B. Facts in Support of Finding (1). The Project's potentially significant paleontological resources impact would be mitigated to below a level of significance with implementation of Mitigation Measure PR-1, provided below from the Final EIR (Section 6.4). C. Mitigation Measure Mitigation Measure PR-1 Prior to project site grading for all phases of development, a qualified paleontologist shall be retained to carry out an appropriate mitigation program. A qualified paleontologist is defined as an individual with an M.S. or Ph.D. in paleontology or geology who is familiar with paleontology procedures and techniques. • The qualified paleontologist shall be present at the pre-construction meeting to consult with grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. • A paleontological monitor shall be onsite on a full-time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential (Pleistocene Terrace Deposits and Santiago Formation) to inspect exposures for contained fossils. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor should work under the direction of a qualified paleontologist, • When fossils are discovered the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site, • Fossil remains collected during the monitoring and salvage portion of the paleontological mitigation program shall be cleaned, repaired, sorted, and cataloged, • Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural Histor/ Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage. • A final paleontological monitoring and recovery (if applicable) summon/ report shall be completed that outlines the results of the mitigation program. This report shall include Dos Colinas Final EIR 24 EIR 09-01 3% CEQA Findings Exhibit "A" October 19, 2011 discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 2.8 Hydrology/Water Quality 2.8. / Eros;on and Silfafion A. Significant impact. The Refined No Affordable Housing Site Alternative would include the use of graders and other earthmoving equipment during initial site preparation. These activities would generate dust and require the use of water trucks to meet fugitive dust requirements. The use of water trucks increases the potential for silt to exit the project site and enter the surrounding Agua Hedionda Creek watershed. Increased erosion may also occur from construction activities and the modification and/or filling and rerouting of existing drainage patterns. Therefore, the refined alternative has the potential to result in significant adverse impacts related to erosion and siltation. B. Facts in Support of Finding (1). The Project's potentially significant hydrology/water quality impact related to erosion and siltation would be mitigated to below a level of significance with implementation of Mitigation Measure WQ-1, provided below from the Final EIR (Section 6.4). C. Mitigation Measure Mitigation Measure VVQ-I Prior to issuance of a grading permit for any phase of the development, the applicant shall prepare and submit for review and approval of the Carisbad City Engineer, a Storm Water Pollution Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carisbad Standard Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No, 2009-0009-DWR, NPDES CAS000002), and the General Municipal Stormwater Permit (Order No, 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 SWPPP Site Map, BMPs that shall be installed include, but are not limited to, the following: Silt fence, fiber rolls, or gravel bag berms; Check dams; Street sweeping and vacuuming; Storm drain inlet protection; Stabilized construction entrance/exit; Hydroseed, soil binders, or straw mulch; Containment of material delivery and storage areas; Stockpile management; Spill prevention and control; Dos Colinas Final EIR 25 EIR 09-01 J9 CEQA Findings Exhibit "A" October 19,2011 Waste management for solid, liquid, hazardous, and sanitor/ waste-contaminated soil; and, • Concrete waste management. 2.8.2 Hydromodificafion A. Significant Impact. Because a majority of the project site is currently undeveloped, the Refined No Affordable Housing Site Alternative has a potential to result in a hydrology/water quality impact related to an increase in impervious areas over existing conditions, increasing stormwater runoff volumes and altering the route and velocity in which water flows across the project site. Changes in stormwater runoff can lead to increased erosion and sedimentation rates of downstream channels, creeks, and rivers, causing increased turbidity, channel aggradation, or channel degradation. B. Facts in Support of Finding (1). The Project's potentially significant hydrology/water quality impact related to stormwater runoff volumes would be mitigated to below a level of significance with implementation of Mitigation Measure WQ-2, provided below from the Final EIR (Section 6.4). C. Mitigation Measure Mitigation Measure WQ-2 Prior to the issuance of a grading permit for any phase of development, the applicant shall prepare a Final Hydromodification Plan in accordance with the Final Hydromodification Management Plan for the phase of grading being permitted. The final plan shall show how the project complies with the applicable hydromodification provisions of Order R9-2007-0001 and is designed so that post-project runoff flow rates and directions do not exceed pre-project runoff flow rates and duration for applicable design storms. 2.8.3 Water Qua/;fy A. Significant impact. The Refined No Affordable Housing Site Alternative would require grading of the site and would result in water quality impacts associated with construction such as increased sedimentation or debris. In addition, once constructed, the project site will likely generate certain pollutants commonly found in similar developments that could affect water quality downstream from the project site. B. Facts in Support of Finding (1). The Project's potentially significant hydrology/water quality impact would be mitigated to below a level of significance with implementation of Mitigation Measures WQ-1 (as listed above) and WQ-3, provided from the Final EIR (Section 6,4), Dos Colinas Final EIR 26 EIR 09-01 q/-^ CEQA Findings Exhibit "A" October 19, 2011 C. Mitigation Measure Mitigation Measure WQ-3 Prior to the issuance of grading permits or other approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare and submit for review and approval of the Carisbad City Engineer, improvement plans 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 the post-development water quality pollution control site design BMPs, source control BMPs, and structural treatment control BMPs into the project design to the maximum extent practicable, 3.0 Effects Found Not to be Significant The City finds, based on the substantial evidence appearing in Chapter 7,0 of the EIR, that the following impacts on the following resources will not be significant: Agricultural and Forest Resources, Mineral Resources, and Recreation, 4.0 Findings Regarding Feasible Alternatives Pursuant to CEQA Guidelines §15126,6(a), EIRs must "describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives," The EIR considers a reasonable range of alternatives. The alternatives to the Project are evaluated in Chapter 6,0 of the EIR in terms of their ability to meet the basic objectives of the Project, and eliminate or further reduce its significant environmental effects. Based on these parameters, the following alternatives are considered: (1) No Project/No Development Alternative, (2) Existing General Plan Alternative, and (3) Refined No Affordable Housing Site Alternative, As noted above, the Refined No Affordable Housing Site Alternative is the recommended project by both City staff and the applicant for adoption by the City Council, The Findings prepared for this project reflect the Refined No Affordable Housing Site Alternative, potential impacts and associated mitigation measures to reduce those impacts to below a level of significance. Because detailed description of the Refined No Affordable Housing Site Alternative are included above, the following is a summon/ of the two other alternatives analyzed within this EIR, 4.1 No Project-No Development Alternative The No Project/No Development Alternative assumes that the Dos Colinas project, as proposed, would not be implemented and the project site would not be developed. The No Project/No Development Alternative would not provide new assisted living units and affordable housing to Dos Colinas Final EIR 27 EIR 09-01 ^1 CEQA Findings Exhibit "A" October 19,2011 meet the needs of the City of Carisbad's anticipated population growth. Overall, the No Project/No Development Alternative would not meet any of the project objectives. The No Project/No Development Alternative is environmentally superior to the proposed project. Similar to the proposed project, implementation of this alternative would result in no significant environmental effects associated with land use, traffic/circulation, grading /aesthetics, and population/housing. This alternative would avoid impacts associated with air quality, greenhouse gas emissions, noise, biological resources, cultural resources, geology/soils, paleontological resources, hazardous materials and hazards, hydrology/water quality, and public services/utilities. However, under this alternative none of the basic objectives of the project would be met. The No Project/No Development Alternative would not provide a multi-unit professional care facility/senior community catering to older adults desiring access to various onsite services and would not provide living units that will add to the diversity of housing opportunities within the City, Furthermore, this alternative would not provide increased employment opportunities for local residents. Therefore, this alternative, while Environmentally Superior under CEQA, is not recommended for approval, 4.2 Existing General Plan Alternative The Existing General Plan Alternative assumes that the project site would be developed pursuant to the specifics of the existing General Plan land use designations. Under this scenario, development of the project site would be primarily either one large subdivision or a series of single-family residential subdivisions (residential low-medium density). The residential low-medium density (RLM) General Plan designation allows 0-4 dwelling units per acre. Open space areas, similar to the existing open space areas that surround the site, will be maintained. Grading is assumed to be similar in area and quantity as the proposed project. Additional emergency access to and from Rancho Carisbad Estates would be provided through the proposed project site. This alternative would comply with the City's Inclusionary Housing Ordinance by developing 15% of the total units as affordable to low income households. Thus, the project would result in the provision of moderate-priced housing pursuant to the Regional Housing needs. The Existing General Plan alternative would not include the development of a continuing care retirement community. However, it is assumed that the RV storage/garden area would be included as it is a requirement from a mitigation measure for the future extension of College Boulevard Reach "A" (EIR No, 98-02, SCH No, 99111082) and the Local Facilities Management Plan for Zone 15. The CCRC site contains 52,5 gross acres. If the acreage for land with existing slopes greater than 25%, land with sensitive biological habitat (including riparian and wetlands), and existing floodway areas are removed from development under this alternative, the result would be 48,43 net acres. Assuming a growth management control point of 3,2 dwelling units per acre for the RLM General Plan Land Use designation, this alternative would result in a total of 155 residential units. Dos Colinas Final EIR 28 EIR 09-01 9^ CEQA Findings Exhibit "A" October 19, 2011 The affordable housing site would consist of both open space and residential uses and contains 3,2 gross acres. If the acreage for existing floodway areas is removed from development under this alternative, the result would be 1,88 net acres. Assuming a maximum of 2 dwelling units per acre, this alternative would result in a total of 4 residential units. As compared to the proposed project, the Existing General Plan Alternative would provide 155 single-family dwelling units instead of 309 commercial living units and 29 multi-family dwelling unit associated with the proposed project, or 305 commercial living units as proposed under the Refined No Affordable Housing Site Alternative, This alternative is consistent with the existing RLM General Plan Land Use designation and would not require a General Plan Amendment. The current zoning for the project site is Limited Control (L-C) and the project site would need to be re-zoned to Residential (R-l), Similar to the proposed project, implementation of this alternative would result in no significant environmental effects associated with land use, traffic/circulation, grading /aesthetics, and population/housing. However, it should be noted that the existing General Plan Alternative would generate more ADTs (1,550 ADTs) when compared to the Refined No Affordable Housing Site Alternative (1,090 ADTs), This alternative would reduce or avoid impacts associated hydrology/water quality and public services/utilities. Under this alternative impacts to noise, biological resources, cultural resources, geology/soils, paleontological resources, and hazardous materials and hazards would be similar to those identified for the proposed project; and impacts to air quality and greenhouse gas emissions would be greater than those identified for the proposed project. In addition to resulting in similar or greater impacts to those identified for the proposed project, this alternative would not meet the following objectives of the project: • Construct and operate a community that will be licensed by the California State Department of Social Services as a Continuing Care Retirement Community (CCRC) which meets all applicable state and local licensing requirements and complies with all applicable regulations; • Operate the facility in compliance with the Fair Housing Act definition of "housing for older persons" in that at least one person who is 55 or older will occupy at least 80 percent of the occupied units; • Construct and operate a multi-unit professional care facility/ senior community catering to older adults desiring access to various onsite services; • Construct and operate a facility that provides "supportive living" approach to provide services in a home environment, blending in the latest knowledge and expertise from the various long-term and personal care disciplines; Construct and operate a project that provides a residential setting and coordinates housing, basic and personal care services, 24-hour supervision and assistance (scheduled and unscheduled), activities, and health-related services; • Provide the highest quality service enhanced community for seniors in the market; and Dos Colinas Final EIR 29 EIR 09-01 ^3 CEQA Findings Exhibit "A" October 19,2011 • Provide a facility that allows for protective oversight of residents including monitoring of the general condition and whereabouts of a resident with regular visits by personal aides, regular health check- ups and a 24-hour emergency call system. While this alternative is considered feasible under CEQA, and provides for additional housing stock within the City of Carisbad, it does not meet many of the most basic objectives for the proposed project and it is not recommended for approval on this site, 5.0 Environnnentally Superior Alternative While the No Project/No Development Alternative is considered the environmentally superior alternative, as it reduces or avoids most of the environmental effects identified for the proposed project, the State CEQA Guidelines, Sectionl5126,6(e)(2) requires that another alternative be identified as the Environmentally Superior Alternative among the other alternatives. The Refined No Affordable Housing Site Alternative has been identified as an additional Environmentally Superior Alternative, This project design is recommended by both the project applicant and City staff for consideration and approval by the City Council, 6.0 Consideration and Approval of the Final EIR Pursuant to Article 7 of the State CEQA Guidelines, these Findings have been prepared for the consideration and approval of the Final EIR and the analysis contained herein. The Final EIR was completed in accordance with CEQA; and the decision-making body, the City Council for the City of Carisbad, has reviewed and considered the information contained in the Final EIR prior to action. It is recommended that the Refined No Affordable Housing Site Alternative, along with the above detailed mitigation measures to reduce identified significant environmental effect to below a level of significance, be adopted. No outstanding significant impacts associated with this refined, environmentally superior alternative would occur; and therefore, no Statement of Overriding Considerations is proposed, 7.0 statennent of Location and Custodian of Docunnents and Other Materials that Constitute a Record of Proceedings CEQA [Section 21081.6(a)(2)] requires that the lead agency, in this case the City of Carlsbad, specif/ the location and custodian of the documents and other material that constitute the record of proceedings upon which its decision is based. It is the purpose of this statement to satisf/ this requirements. City of Carisbad Planning Division 1635 Faraday Avenue Carisbad, California 92008-7314 Dos Colinas Final EIR 30 EIR 09-01 CEQA Findings Exhibit "A" October 19, 2011 Because this project was subject to a hearing of the City Council, the following is also a location for retention and custodianship of documents and other material that constitutes the record of proceedings. City of Carisbad OR City of Carisbad - Dove Library City Clerk 1775 Dove LaneD 1200 Carisbad Village Drive Carisbad, California 92011 Carlsbad, California 92008 Dos Colinas Final EIR 31 EIR 09-01 ^5 Extiibit "B" Mitigation Monitoring and Reporting Program Dos Colinas Project EIR 09-01 (GPA 09-02; ZC 09-02; CUP 09-02; SDP 09-02; RMHP 96-01 (D); LFMP 15(E); SUP 09-02; HDP 09-02; HMP 09-02; MS 09-04) state Clearinghouse No, 2009111085 Refined No Affordable Housing Site Alternative Lead Agency: City of Carlsbad 1635 Faraday Avenue Carisbad, CA 92008 Prepared by: BRG Consulting, Inc. 304 Ivy street San Diego, CA 92101 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" MITIGATION MONITORING AND REPORTING PROGRAM City of Carlsbad Dos Colinas Project Final Environmental Impact Report EIR 09-01 Refined No Affordable Housing Site Alternative Mitigation measures have been identified in the Environmental Impact Report for the Dos Colinas Project to reduce or eliminate potential environmental impacts associated with the Refined No Affordable Housing Site Alternative, which is the applicant and staff recommended project. The City of Carisbad (City) is required to implement all adopted mitigation measures. In order to ensure compliance, the following mitigation monitoring program has been formulated for this refined alternative. This program consists of a checklist followed by a detailed description of the mitigation measures. The Dos Colinas Project is intended to strengthen the City's tax base, provide a multi-unit professional care facility/senior community catering to older adults; provide employment opportunities for local residents; provide affordable housing which will comply with the City's Affordable housing requirements; provide commercial living units that will add to the diversity of housing opportunities within the City; and, develop and retain open space and wildlife habitat through the preservation and enhancement of sensitive flora and fauna. A mitigation checklist has been prepared for the Project. Table 1 summarizes the mitigation measures for the Project. Information contained within the checklist clearly identifies the mitigation measure, delineates the monitoring schedule, and defines the conditions required to verify compliance. Following is an explanation of the seven columns that constitute the checklist. Coiumn 1 Mitigation Measure: An inventory of each mitigation measure is provided with a brief description. Coiumn 2 Type: Each mitigation measure is classified as Project Design Mitigation (PD), Project Construction Mitigation (PC), Ongoing Mitigation (OM), or Long-Term Mitigation (LT) in order to identify at what stage in the project development process the mitigation measure can be implemented based upon the following definitions: PD - Project Design Mitigation - mitigation that has been incorporated into the project at the design phase of project development (e.g., traffic control plan, landscape plan); Dos Colinas Project MMRP-1 October 19, 2011 EIR 09-01 "4? Mitigation Monitoring and Reporting Program Exhibit "B" PC - Project Construction Mitigation ~ mitigation that is to be initiated at the project site prior to and/or during construction to avoid construction related impacts (e.g., dust or noise control measures); OM - On-going Mitigation - mitigation associated with the project over a period of time (e,g„ success of revegetation); LT - Long-Term Mitigation ~ mitigation that requires monitoring over a greater period of time (e,g„ five year revegetation monitoring program). Column 3 Monitor: Identifies the City department or other public agency that is responsible for determining compliance with the mitigation measure and for informing the Planning Department about compliance, Coiumn 4 Schedule: The monitoring schedule depends upon the progression of the overall project. Therefore, specific dates are not used within the "Schedule" column. Instead, scheduling describes a logical succession of events (e,g„ prior to construction, annual) and if necessar/, delineates a follow-up program. Column 5 Compliance Action: The monitor can easily determine a mitigation measure's completion by referring to "Compliance Action." Upon satisfaction of the requirement listed in this column, the mitigation measure is considered complete. Coiumn 6 Verification of Compiiance: The monitor verifies completion of the particular mitigation measure by initialing and dating in this column. Where the "Schedule" column indicates annual or other ongoing mitigation measures, verification of compliance may not occur until completion of the project. Provision of all required signatures within the Verification of Compliance column signifies conclusion of the monitoring program. Column 7 Remarks: The status of ongoing and cumulative mitigation measures is to be documented during each visit. The space provided for remarks is obviously too small for inclusion of the remarks. It is intended that this space be used to indicate whether there are specific comments pertaining to the status of the mitigation measure. If there are additional comments they are to be attached to the checklist. Progress reports are required for the revegetation program. Information provided within progress reports will be helpful in the development of future mitigation programs. This program is to be adopted by the lead and responsible agencies upon formulation of findings in order to comply with the requirements set forth by Assembly Bill 3180 (Public Resources Code Section 21081.6), Dos Colinas Project EIR 09-01 MMRP-2 October 19, 2011 ^7. Mitigation Monitoring and Reporting Program Exhibit "B" TABLE 1 Dos Colinas Project (EIR 09-01) Mitigation Monitoring and Reporting Program Checklist Verification of Mitigation Measure Type Monitor Sctieduie Compliance Action Compiiance Remarlcs initiai Date Air Quality AQ-1, Construction equipment shall be equipped with an engine designation of EPA Tier 2 or better Tier (Tier 2+). A list of the construction equipment and the associated EPA Tier shall be submitted to the City Planning Department prior to issuance of a groding permit. PC City of Carlsbad Planning and Engineering Departments Prior to issuance of a grading permit Prior to issuance of a grading permit, a list of the construction equipment and associated EPA Tier shall be submitted to the City Planning Department for review. The approved equipment shall be listed on the grading plans as construction notes. Grading plans shall list measures to be implemented as directed by City Staff. AQ-2, All scraper equipment shall meet the "Blue Sky Series" equivalent standard. The "Blue Sky Series" designation (40 CFR Part 89) is a voluntary program enacted by the USEPA requiring participating engine manufactures to produce cleaner burning engines that are at least 40% better than the current Tier 2 or 3 mandates. This measure would require the use of scraper equipment that meets this standard (or equivalent). These standards are specified below: • The maximum CO emissions from Tier 2 equipment is 0.0082 pounds per horsepower-hour (Ib/HP-hr) for equipment with power ratings between 50 qnd 175 HP, and 0.0057 Ib/HP-hr for equipment with power ratings over 175 HP. Tier 3 ratings only apply between 50 to 750 HP and are identical to Tier 2 requirements. Tier 4 requirements (to be phased-in between 2008 and 2015) set a sliding scale on CO limits ranging from 0.0132 Ib/HP-hr for small engines, to 0.0057 Ib/HP-hr for engines up to 750 HP. • The maximum NOx and PMIO emissions from Tier 2 equipment are 0.0152 and 0.0003 Ib/HP-hr regardless of the engine size. Tier 3 emissions were either not adopted or must meet the Tier 2 requirement. Tier 4 PC City of Carlsbad Planning and Engineering Departments Prior to issuance of a grading permit Prior to the issuance of a grading permit, a list of the scraper equipment and the associated EPA Tier (Blue Sky Series or equivalent) shall be submitted to the City of Carisbad Planning Department for review. The approved equipment shall be listed on the grading plans as construction notes. Grading plans shall list measures to be implemented as directed by City Staff. Dos Colinas Project EIR 09-01 MMRP-3 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Mitigation Measure initial Date standards further reduce this level to 0.0006 Ib/HP-hr for NO, and 0.00003 Ib/HP-hr for PM for engines over 75 HP. A list of the scraper equipment and the associated EPA Tier (Blue Sky Series or equivalent) shall be submitted to the City Planning Department prior to issuance of a grading permit. Greenhouse Gas Emissions Construction Measures GHG-1, Prior to the issuance of a grading permit for any phase of project development, the proposed project shall demonstrate that the following greenhouse gas offset measures hove been implemented, or will be implemented during construction activities. The Diesel Equipment (Compression Ignition) offset Strategies (40% to 60% Reduction): 1. Electricity from power poles shall be used rather than temporary diesel power generators. 2. Construction equipment operating onsite shall be equipped with two to four degree engine timing retard or precombustion chamber engines. 3. Scraper equipment shall meet the "Blue Sky Series" equivalent standard (reference Mitigation Measure AQ-2 in Section 5.3-Air Quality.) 4. Other construction equipment used for the project shall utilize EPA Tier 2 or better engine technology. Vehicular Trip (Spark Ignition) Offset Strategies (30% to 70% Reduction): 1. Transportation Demand Management (TDM) Measures: Commute alternatives shall be encouraged by informing construction employees and customers about tronsportation options for PD City of Carisbad Planning and Engineering Departments Prior to issuance ot a grading permit Prior to issuance of a grading permit for any phase of project development, the developer shall identify measures to reduce greenhouse gas emissions as listed in Mitigation Measure GHG-1. City of Carisbad Planning and Engineering Departments shall provide in writing the mitigation to be implemented during construction. Grading plans shall list measures to be implemented as directed by City Staff. Dos Colinas Project EIR 09-01 MMRP-4 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Intiiat -Dote Remarks reaching your location (i.e. post transit schedules/routes). 2. Construction vehicles shall be kept well maintained to prevent leaks and minimize emissions. Operational Measures GHG-2. Prior to the issuance of a building permit for any habitable structure, the Applicant shall demonstrate compliance with the following measures. These measures shall be shown on the building plans for each component of the project (i.e., IL and AL buildings, and cottages), fo ensure that the features will be incorporated into the project. Verification of compliance can be accomplished as part of City inspection of buildings prior to issuance of certificate of occupancy. Onsite Energy Offset Strategies (50% to 70% Reduction): 1. All new structures shall meet California Code of Regulations Title 24 part 6: California's Energy Efficiency Standards. 2. All new structures shall use compact fluorescent lights. 3. Dimmable ballasts to dim lights to take advantage of daylight shall be installed. 4. A programmable thermostat shall be installed in all habitable units to control heating and air conditioning. 5. All major hot water pipes shall be insulated. 6. Refrigeration cold suction lines shall be insulated. 7. Weather stripping shall be used to close air gaps around doors and windows. 8. Electrical equipment, including all appliances shall be Energy Star compliant. 9. Ceiling fans shall be installed in the cottages. 10. Transportation Demand Management (TDM) Measures: Vanpool/Shuttle service for senior residents: PD City of Carisbad Planning and Building Departments Prior to issuance of a building permit for any habitable structure Prior to issuance of a building permit for any habitable structure, the developer shall identify measures to reduce greenhouse gas emissions as listed below. Verification of compliance can be accomplished as part of City inspecfion of buildings prior to issuance of certification of occupancy. Dos Colinas Project EIR 09-01 MMRP-5 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Mitigation Measure Type Monitor Schedule Compliance Action Initial Date Remarks Van use/Shuttle sen/ice to public transportation for employees: and • Carpool promotion and parking spaces available for employees Noise N-1. Prior to Grading Permit issuance for Phase I and Phase II, the Applicant shall ensure that: • All construction equipment, fixed or mobile, shall be equipped with properiy operating and maintained mufflers. • Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive noise receivers. • During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. • The project shall be in compliance with the City's Municipal Code such that grading acfivities are limited to the hours of 7:00 a.m. to sunset. Monday through Friday, and between 8:00 a.m. and sunset on Saturday. PC City of Carisbad Planning and Engineering Departments Prior to issuance of a grading permit and during construction/grading activities During construction and grading activities, the Planning and Engineering Departments will verify that the noise reduction measures provided in Mitigation Measure N-1 are implemented. In addition, the measures shall be included in the grading plans. N-2. The park amphitheater, picnic area, recreation areas for the IL buildings, and children's play area shall not be used between the hours of 10:00 p.m. and 7:00 a.m. This restriction shall be included as a condifion to the CCRC OM City of Carisbad Planning Department On-Going Compliance shall be confirmed by Planning Department investigation of noise complaints associated with the use ot outdoor recreational areas. Dos Colinas Project EIR 09-01 MMRP-6 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mttigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Initial Dote Remarks facility's conditional use permit. N-3. Prior to the issuance of building permits for any building associated with Phase II, six to ten-foot high noise barriers shall be constructed to mitigate noise impacts adjacent to College Boulevard. The noise barrier heights at the CCRC site are depicted on Figure 6.4-14 of the EIR. The noise barriers may be constructed as a wall, berm, or combination of both: however, the overall height of the masonry wall shall not exceed six feet. The noise barriers must have a surface density ot at least 3.5 pounds per square foot, and have no openings or cracks. The wall may be constructed of 5/8 inch Plexiglas, any masonry material, or a combination of these materials. PD City of Carisbad Planning and Building Departments Prior to issuance of a grading permit the wall shall be designated on the grading plans: Prior to Issuance of a building permit for any component related to the senior community, the noise barrier shall be constructed. Prior to issuance of the first grading permit for Phase II, the location of the noise barriers shall be identified on the project plans. Prior to issuance of a building permit for the noise barriers, the developer or contractor shall provide evidence satisfactory to the Planning and Building Departments that the noise barriers have been constructed and meet the design requirements of Mitigation Measure N-3. N-4. Prior to the issuance of building permits for the development of Phase II, an interior noise study will be required for the three independent living buildings and the assisted living/Alzheimer's building fo ensure that the interior CNEL would not exceed 45 dB. Any additional measures identified by the acoustical analysis that are necessary to achieve an interior standard of 45 dB CNEL shall be incorporated into the building/architectural plans. The buildings will require air-conditioning and/or mechanical ventilation and possibly sound-rated windows to mitigate the interior noise impact. PD City of Carlsbad Planning and Building Departments Prior to issuance of a building permit Prior to issuance of a building permit, an interior noise study for the independent living buildings or assisted living/Alzheimer's building shall be completed and approved by the Building Department. Mitigation measures shall be included in the construction drawings. N-5. Prior to finalizing the mechanical equipment plans for the independent living buildings and the assisted living/Alzheimer's building of Phase II, the plans shall be evaluated to ensure that outdoor mechanical equipment noise would at a minimum not exceed 60 dB CNEL at the proposed adjacent cottage residences. PD City of Carisbad Planning and Building Departments Prior to issuance of building permits for the independent living buildings and the assisted living/Alzheimer's buildings Developer or contractor shall provide satisfactory evidence to the Building Department that noise from outdoor mechanical equipment would not exceed 60 db CNEL at the proposed adjacent cottage residences. Dos Colinas Project EIR 09-01 MMRP-7 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mttigation Measure Type Monitor Schedule Compliance Ach'on Verification of Compliance Initial Date Remarks N-6, New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP shall be notified as part of the standard Carisbad Noise Disclosure that the project area is outside the 60 db(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. The state statute dictates that the following statement shall be provided: NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. This measure shall be implemented through inclusion of the standard Carisbad Noise Disclosure in the lease for the residents of the senior community. Prior to issuance of building permits for Phase II, the City of Carisbad Planning Department shall be responsible for verification of implementation of this measure. PD City of Carisbad Planning Department Prior to issuance of building permits Prior to issuance of building permits for Phase II, the applicant shall submit documentation to the Planning Department (i.e., lease agreements), which verifies implementation of this measure. N-7. Prior to recordation of the final map for Phase II, an overflight notification document shall be recorded for any local agency approval or new residential land use development within the overflight notification area. The document shall inform property owners that the property is subject to aircraft overflight, aircraft noise exposure, and other airport-related impacts. The City of Carisbad PD City of Carlsbad Planning Department Prior to recordation of the final map for Phase II The City of Cartsbad Planning Department shall be responsible for verification of implementation of this measure through the recordation of a Notice ("Noise Form No. 2"). Dos Colinas Project EIR 09-01 MMRP-8 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation AAeosure Type Monitor ; Schedule Compliance Action Veriflcation of: Compliance Remarks Mitigation AAeosure Type Monitor ; Schedule Compliance Action Initial Remarks Planning Department shall be responsible for verification of implementation of this measure through the recordation of a Notice ("Noise Form No. 2"). Biological Resources B-1. Prior to issuance of a grading permit tor improvements proposed for Phase I ot construction (i.e., grading to support the new RV storage/garden plot parcel), per the Carlsbad HMP, the Applicant shall pay in-lieu mitigation fees as a result of significant direct impacts to 7.0 acres of extensive agriculture (HMP Habitat Group F) and 0.6 acre of disturbed habitat (HMP Habitat Group F). The in-lieu mitigation fees shall be in an amount to be determined pursuant to the City of Carisbad Fee Schedule. PC City of Carisbad Planning Department Prior to issuance of a grading permit Prior to issuance of a grading permit for Phase I construction, the Applicant shall pay in-lieu mitigation fees as a result of direct impacts to vegetation communities. B-2. Prior to issuance of a grading permit for improvements proposed for Phase 1, construction (grading and building) and design measures listed below shall be implemented into the construction documents to avoid and minimize the likelihood of unanticipated impacts occurring. A monitoring biologist shall be onsite during a) the initial clearing and grubbing of habitat and b) project construction within 300 feet of sensitive habitat to ensure compliance with all conservation measures. The biologist shall be knowledgeable of upland and wetland biology and ecology. The biologist shall perform the following duties: Oversee installation of, and inspect temporary fencing and erosion control measures approximately once per week (or as determined necessary by the biologist and City Project Manager) and daily during all rain events to ensure that any breaks in the fence or erosion control measures are repaired immediately. Monitor the woric area weekly (or as determined necessary by the biologist and City Project Manager) to ensure thot work activities do not generate PC City of Carisbad Planning Department Prior to issuance of a grading permit Prior to issuance of a grading permit, the measures listed in Mitigation Measure B-2 shall be incorporated into the construction documents to avoid and minimize the likelihood of unanticipated impacts from occurring. Dos Colinas Project EIR 09-01 MMRP-9 October 19,2011 Mitigation Monitoring and Reporting Progrom Exhibit "B" Miti'gation Measure Type Monitor Schedule Compliance Action Verification of Compliance Initial Date Remarks excessive amounts of dust. Train all contractors and construction personnel on the biological resources associated with this project ond ensure that training is implemented by construction personnel. At a minimum, training should include: a) the purpose for resource protection: b) the conservation measures that should be implemented during project construction, including strictly limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineoted on maps or on the project site by fencing): d) environmentally responsible construction practices, and e) the protocol to resolve conflicts that may arise at any time during the construcfion process. Halt woric, if necessary, and confer with the Wildlife Agencies to report any violation to the Wildlife Agencies within 24 hours of discovery of its occurrence. Prior to construction activities, the construction manager should implement and maintain BMPs according to the City's HMP ond/or according to Appendix B of the Final MHCP Subarea Plan, Volume II. Prior fo construction activities, all wetland areas within 50 feet of construction shall be protected by orange environmental fencing to protect them from damage (if determined necessary by the biologist and City Project Manager). Fencing shall be implemented ond maintained by the construcfion manager and not interfere with wildlife movement or flows along the riparian corridors. Prior to construction activifies, the construction manager shall implement and maintain silt fencing or other sediment trapping devices in order to prevent run-off from entering the water systems during construction activities. Dos Colinas Project EIR 09-01 MMRP-10 October 19, 2011 Mitigation Monitoring ond Reporting Program Exhibit "B" Mitigation Measure Type Monitor Schedule Compiiance Action Verification of Compliance InWal Dote Remarks Adequate requirements for dust, drainage, and erosion control shall be incorporated into project plans and grading conditions. The erosion control material used for revegetation purposes shall include a hydroseed-mix of non-invasive herbaceous species, consisting of similar species currently on site. Specifically, the hydroseed-mix shall avoid those species listed by the Califomia Invasive Plant Inventory (Cal-lPC) in the California Invasive Plont Inventory (2007). Construction storm water management plans shall be prepared and followed through the implementation of a Storm Water Pollution Prevention Plan (SWPPP). The Applicant and the contractor shall execute a construction contract that includes the following requirements: a) employees sholl strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint: b) the project site shall be kept as clean of debris as possible (all food related trash items should be enclosed in sealed containers and regulariy removed from the site): c) pets of project personnel shall not be allowed on the project site: d) disposal or temporary placement of excess fill, brush or other debris should not be allowed in adjacent waters ot the United States or their banks: and e) all equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated staging areas outside of waters of the United States within the fenced project impact limits. Fueling of equipment shall take place within existing paved areas greater than 100 feet from wafers of the United States. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. All environmental permits and authorizations for work shall be kept on site and fully reviewed and complied with by the project superintendent and City Dos Colinas Project EIR 09-01 MMRP-11 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Initial Dale Remarks representative. B-3 After completion of site grading and associated Phase I improvements for the RV storage/garden parcel, areas temporarily impacted shall be revegetated with appropriate native species for erosion control purposes. OM City of Carisbad Planning Department Prior to certificate of occupancy Prior to certificate of occupancy, the Applicant shall provide photographs of the areas that were temporarily impacted where Drevegetafion of such areas with appropriate native species for erosion control has been completed. B-4. If construction (grading) of Phase I would occur during the migratory bird breeding season (generally defined as January 15 - September 15), a pre-construction survey for active migratory bird nests including raptor nests shall be conducted within approximotely forty-eight (48) hours prior to the start of construction. The results of the survey shall be submitted to the City and CDFG in the form of a written report, and should include the following information: a) date(s) of sur^'ey, b) total field time of survey efforts, c) name(s) of investigator(s), and d) if any active nests were found. If on active bird nest were found, no "take" of nesting migratory birds may occur in accordance with regulatory requirements of the federal MBTA and California Fish and Gome Codes §3503 ond §3513. Based on similar projects, if the survey identifies on active nest, a buffer shall be established between the construction activities and the active nest so that nesting activities are not interrupted. The buffer shall be delineated by temporary fencing, and would be in effect throughout construction or until the nest is no longer active. The buffer shall be a minimum of 100 feet of a non-listed nesting migratory bird nest and 300 feet from an active raptor nest. The Applicant may consult with CDFG to discuss a reduced buffer size if species sensitivity and localized conditions (e.g., width and type of screening vegetation between the nest ond the proposed octivity, terrain, existing level of human activity within the buffer and in the surrounding area, and existing ambient level) warrant a reduced buffer. PC City of Carisbad Planning Department Prior to issuance of grading and building permits. If grading and construction during the general avian and raptor breeding season can not be avoided, the on-site project biologist shall provide a written report to the Carisbad Planning Department that initial surveys for active nests were conducted and completed prior to commencement of construction. Dos Colinas Project EIR 09-01 MMRP-12 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigalion Measure Type Monitor Schedule Compliance Action Verification of Compliance Initial Dale : Remarks B-5, Pursuant to the HMP, a mitigation ratio of 3:1 shall be applied to permanent impacts to <0.1 (0.04) acre of disturbed valley needlegrass grassland and a mitigation ratio of 1:1 shall be applied to permanent and temporary impacts to 0.65 acre of Diegan coastal sage scrub. As a result, 0.13 acre of disturbed valley needlegrass grassland would be created wittiin Parcel 3 via removal of 0.13 acres of extensive agriculture habitat and replacement with native grasses with a minor inclusion of Diegan coastal sage scrub constituents. Project mitigation for impacts to Diegan coastal sage scrub shall occur via preservation of 1.08 acres of existing Diegan coastal sage scrub within Parcel 3. Parcel 3 will be preserved as open space in perpetuity. Prior to the issuance of a grading permit or clearing of any habitat associated with Phase II, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot which is being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications fo manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR. provide a non- wasting endowment or other finoncial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. PC City of Carisbad Planning Deportment Prior to issuance of a grading permit Prior fo issuance of a grading permit or clearing of habitat for Phase II, the Applicant shall comply with the measures listed in B-5 to mitigate for biological impacts. Dos Colinas Project EIR 09-01 MMRP-13 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure Type Monitor Schedule Compliance Action Verification of Complionce Initial Date Remarks Record o Conservation Easement over the open space lot(s). The conservation easement shall meet the minimum standards outlined pursuant to CMC Section 21.21.050(C) and the HMP. Prepore a Presen/e Management Plan which will ensure adequate management of the open spoce lot(s) in perpetuity. The Preserve Management Plan shall meet the minimum standards outlined pursuant to CMC Section 21.210.050(D) and the HMP. B-6. Prior to issuance of a grading permit for improvements proposed for Phase II, construction (grading and building) and design measures listed below shall be implemented into the construction documents to ovoid and minimize the likelihood of unanticipated impacts occurring. • A monitoring biologist shall be onsite during a) the initial clearing and grubbing of habitat and b) project construction within 300 feet of sensitive habitat to ensure compliance with oil conservation measures. The biologist shall be knowledgeable of uplond and wetland biology and ecology. The biologist shall perform the following duties: Oversee installation of, and inspect temporary fencing and erosion control measures approximately once per week (or as determined necessary by the biologist and City Project Manager) and daily during all rain events to ensure that any breaks in the fence or erosion control measures ore repaired immediately. Monitor the work area weekly (or as determined necessary by the biologist and City Project Monoger) to ensure that work activities do not generate excessive amounts of dust. Train all contractors and construction personnel on the biological resources associated with this project and ensure that training is implemented by construction personnel. At a minimum, training PC City of Carisbad Planning Department Prior to issuance of a grading permit Prior to issuance of o grading permit, the measures listed in Mitigation Measure B-6 shall be implemented into the construction docurrienfs to avoid and minimize the likelihood of unanticipated impacts from occurring. Dos Colinas Project EIR 09-01 MMRP-14 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mttigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Initial Date Remarks should include: a) the purpose for resource protection: b) the conservation measures that should be implemented during project construction, including strictly limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to ovoid sensitive resource areas in the field (i.e., avoided areas delineated on mops or on the project site by fencing): d) environmentally responsible construcfion proctices, and e) the protocol to resolve conflicts that may arise at any time during the construction process. Halt work, if necessary, and confer with the Wildlife Agencies to report any violotion to the Wildlife Agencies within 24 hours of discovery of its occurrence. Prior to construction activities, the construction monoger shall implement and maintain BMPs according to the City's HMP and/or according to Appendix B of the Final MHCP Subarea Plan, Volume II. Prior to constructian activities, oil wetland areas within 50 feet of construction shall be protected by oronge environmental fencing to protect them from damage (if determined necessary by the biologist and City Project Manager). Fencing shall be implemented ond maintained by the construction manager and not interfere with wildlife movement or flows along the riparian corridors. Prior to construction activities, the construction monoger sholl implement and mointoin silt fencing or other sediment trapping devices in order to prevent run-off from entering the water systems during construction activities. Adequate requirements for dust, drainage, and erosion control shall be incorporated into project plans and grading conditions. The erosion control materiol used for revegetation purposes shall include Dos Colinas Project EIR 09-01 MMRP-15 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" MitigaHon Measure Type Monitor Schedule Compliance Action Verification ol Compliance Initial Dale Remarks a hydroseed-mix of non-invasive herbaceous species, consisting of similar species currently on site. Specifically, the hydroseed-mix shall ovoid those species listed by the California Invasive Plant Inventory (Cal-lPC) in the Californio Invasive Plant Inventory (2007). In addition to the above recommended hydroseed mix, the lowest detention basin in elevation, in the southwestern portion of the CCRC site shall be planted with native container plants as recommend by the biologist. Construction storm woter monagement plans shall be prepared and followed through the implementation of o Storm Water Pollution Prevention Plan (SWPPP). The project shall incorporate low sodium, downcast/fully shielded temporary (during construcfion activities if required) and permanent lighting (associated with CCRC site and affordable site adjacent to the open space) within its lighting plan. The Applicant and the contractor shall execute o construction contract that includes the following requirements: o) employees shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint: b) the project site shall be kept as clean of debris as possible (oil food reloted trash items should be enclosed in sealed containers and regulariy removed from the site); c) pets of project personnel shall not be allowed on the project sife: d) disposal or temporary placement of excess fill, brush or other debris should not be allowed in adjacent waters of the United States or their bonks: and e) all equipment maintenance, staging, and dispensing of fueL oil, coolant, or any other such activities shall occur in designated staging areas outside of waters of the Dos Colinas Project EIR 09-01 MMRP-16 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure Type Monitor Schedule Compliance Action Verificati'on of Compliance initial Date Remarks United States within the fenced project impact limits. Fueling of equipment shall take place within existing paved areas greater than 100 feet from waters of the United States. Contractor equipment sholl be checked for leaks prior to operation and repaired as necessary. All environmental permits and authorizations for work shall be kept on site ond fully reviewed and complied with by the project superintendent and City representative. B-7. After completion of site grading and associated Phase II improvements, all oreos temporarily impacted shall be revegetated with appropriate native species for erosion control purposes. OM City of Carisbad Planning Department Prior to certificate of occupancy Prior to certificate of occupancy, the Applicant shall provide photographs of the areos that were temporarily impacted where revegetation of such oreos with appropriate native species for erosion control has been completed. B-8, Prior to issuance of o groding permit for improvements proposed for Phase II of construction, per the Carisbad HMP, the Applicant shall pay in-lieu mitigation fees as o result of significant direct impacts to 27.3 acres of extensive agriculture (HMP Habitat Group F), 0.2 acre of eucalyptus woodland, ond 1.1 acres of disturbed habitat (HMP Habitat Group F). The in-lieu mitigation fees shall be in on amount to be determined pursuant to the City of Carisbad Fee Schedule. PC City of Carisbod Planning Department Prior to issuance of o grading permit for Phase I Prior to issuance of o grading permit, the Applicant shall pay mitigation fees as a result of direct impacts to vegetation communities. B-9, Prior to issuance of a grading permit for Phase II. the alignment of the storm drain shall be finalized, if the storm drain cannot be located within the existing rood at Rancho Carisbad, and construcfion of the storm drain is under the Proposed or Alternative 1 Stormdrain alignment, the construction of the storm drain will require the approval of a streombed alteration agreement with the CDFG, pursuant fo section 1602 of the California Fish and Game Code. If Alternative 2 Stormdrain Alignment, as detailed in the above section, is selected for Implementafion, this mitigation is not applicable and shall PC City of Carisbad Planning Prior to the issuance of o grading permit If applicable, prior to the issuance of o groding permit, the developer shall provide the Planning Department with a copy of the streambed alteration ogreement with the CDFG. Dos Colinas Project EIR 09-01 MMRP-17 October 19, 2011 Mitigation Monitoring and Reporting Progrom Exhibit "B" Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Initial Dale Remarks be signed off. B-10. If construction (grading) of Phose II would occur during the migratory bird breeding season (generally defined as January 15 - September 15), o pre-construction sun/ey for active migratory bird nests including raptor nests shall be conducted within approximately forty-eight (48) hours prior to the start of construcfion. The results of the sun/ey shall be submitted to the City and CDFG in the torm of o written report, and should include the following informafion: o) date(s) of survey, b) total field time of survey efforts, c) name(s) of investigator(s), ond d) if any active nests were found. If an active bird nest were found, no "take" of nesting migratory birds moy occur in accordance with regulatory requirements of the federal MBTA and California Fish and Gome Codes §3503 and §3513. Based on similar projects, if the survey identifies on active nest, o buffer shall be established between the construction activities and the active nest so that nesting activities ore not interrupted. The buffer sholl be delineated by temporary fencing, and would be in effect throughout construction or unfil the nest is no longer active. The buffer shall be o minimum of 100 feet of a non-listed nesting migratory bird nest and 300 feet from on active raptor nest. The Applicant may consult with CDFG to discuss a reduced buffer size if species sensitivity and localized conditions (e.g., width ond type of screening vegetation between the nest and the proposed activity, terrain, existing level of human activity within the buffer and in the surrounding area, and exisfing ambient level) worront o reduced buffer. PC City of Carisbad Planning Department Prior to issuance of grading and building permits. If grading and construcfion during the general ovion and raptor breeding season can not be avoided, the on-site project biologist shall provide o written report to the Corlsbad Planning Department that initiol surveys for active nests were conducted and completed prior to commencement of construction. B-n, After the issuance of a grading permit, construction (grading) for Phase II adjacent to the occupied habitot, shall occur outside of the least Bell's vireo and Cooper's hawk breeding seoson (generally defined as January 15 - September 15). If ovoidonce of the nesting bird season is PC City of Carisbad Planning Department Prior to issuance of grading and building permits. If grading and construction during the leost Bell's vireo ond Cooper's hawk breeding seoson con not be avoided, the on-site project biologist sholl provide a written report to the Carisbad Planning Department that initial sun/eys for active nests were conducted and completed prior to commencement of construction. Dos Colinas Project EIR 09-01 MMRP-18 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure not feasible, vegetotion removal and construction activities may occur during the restricted work period if the project biologist conducts o focused survey for active nests within forty-eight (48) hours prior to work in the area. The results of the survey shall be submitted to the City and Wildlife Agencies via fox and/or email. If the survey identities on active nest, o buffer shall be established between the construction activities and the active nest so that nesting activities ore not inten'upted. The buffer shall be delineated by temporary fencing, and shall be in effect throughout construcfion or until the nest is no longer active. The buffer shall be o minimum of 300 feet around o Cooper's hawk nest and 500 feet oround active least Bell's vireo nest. The Applicant moy consult with the Wildlife Agencies to discuss a reduced buffer size if species sensitivity and locolized conditions (e.g., width and type of screening vegetation between the nest and the proposed activity, terrain, existing level of human activity within the buffer and in the surrounding oreo, ond existing ambient level) warrant a reduced buffer. Type Monitor Schedule Compliance Action Verificafion of Compliance Initial Dote Remarks B-12. If an active vireo nest is located, construction noise levels at the project edge closest to the occupied habitat shall be kept below ambient noise levels or 60 dBA (if ambient less than 60 dBA) from 5 a.m. to 11 a.m. during the peak nesting period of March 15 fo July 15. Forthe balance of the day/season, the noise levels shall not exceed 60 decibels, averaged over a one-hour period on on A- weighted decibel. Noise levels sholl be monitored and monitoring reports shall be provided to the City ond Wildlife Agencies via fox ond/or email. Noise levels in excess of this threshold shall require written concurrence from the Wildlife Agencies and moy require additional minimizotion/mitigation measures. PC City of Corlsbad Planning Department Prior to issuance of grading and building permits. If grading and construction during the least Bell's vireo breeding season cannot be avoided, and if LBV ore present, the on-site project biologist shall monitor noise levels and provide a written report(s) to the Carisbad Planning Department that noise levels ore below ambient noise levels or 60 dBA. Dos Colinas Project EIR 09-01 MMRP-19 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Mitigation Measure Type Monitor Schedule Compliance Action Initial Date Remarks B-13, Prior to issuonce of a building permit, permanent fencing (i.e., lodge pole with vinyl chain link screening the open areas between horizontal beams to prevent domestic animal intrusion) shall be installed along the southern border of the property (i.e. property line adjacent to APN 209-060-71, southern extent of south cluster of cottages and upland open space parcel). PD City of Carisbod Building Deportment Prior to issuance of building permit. Prior to the issuance of o grading permit, the measures provided in Mitigation Measure B-13 shall be incorporated into the project design plans and implemented during construction of the proposed project to ensure that indirect impacts due to increased lighting, non-notive species introduction, and intrusion into adjacent hobitats do not rise to a level of significance. Cultural Resources CR-1, Prior to the issuonce of o grading permit, any development for the CCRC site (including the RV storage and garden area) under the refined olternafive will require the implementation of an Archoeologicol Monitoring Program as a mitigation measure. This program will provide the means to ensure that ony historic or prehistoric resources thot may be encountered during grading of the project ore identified, evoluofed, and subjected to mitigation measures, if necessary. The monitoring program will be directed by on individual opproved by the City and who meets the minimum qualifications for Principal Investigator listed in 36 CFR 61 under the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation. The archaeologist will be qualified in site identificafion, significance evaluation of orchoeological deposits, consultation with regulatory ogencies, ond to plan site evaluation and mitigation activities. The qualified archaeologist must implement the grading monitoring progrom to mitigate potential impacts to undiscovered buried archaeological resources to the safisfaction of the City of Carisbod. The on-site monitors shall be experienced archaeologists operating under the direction of the Principal Investigator. The basis for this requirement is thot ony construction within the APE may include areas where potentiolly important buried cultural deposits could be discovered. In order to identify any significant and previously undocumented cultural PD Cify of Carisbod Planning Department Prior to the issuance of a groding permit Prior to issuance of a grading permit, the developer and contractor sholl both provide o statement agreeing to comply in full with Mifigofion Measures CR-1, A. through P., during development of the project. Evidence of a contract with a qualified archaeologist to carry out an Archaeological Monitoring Program shall be provided fo the Planning Department. Dos Colinas Project EIR 09-01 MMRP-20 October 19, 2011 Mitigotion Monitoring and Reporting Progrom Exhibit "B" Mitigation Measure deposits, the monitoring program will require the presence of on archaeological monitor, as well as a Luiseno Nofive American monitor, during all grading and excavafion associated with the CCRC site ond the RV storage and garden site. This program shall include, but shall not be limited to, the following octions: CR-1. A, Prior to project commencement, the qualified Principal Investigotor ond Native American monitor shall attend the pre-groding meeting with the contractors fo explain and coordinate the requirements of the monitoring program. B, During the cutting or excavation of previously undisturbed deposits, orchoeological monitor(s) and Native Americon Observers shall be on site full-time to perform inspections of the excavations. The number of monitors will depend on the rate of excavation, the number of areas being graded of any one time, the materials excavated, and the presence and abundonce of artifacts and features. C, In the event that previously unidentified and potenfiolly significant cultural resources ore discovered, the monitoring orchoeologist shall hove the authority to divert or temporarily holt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources. The Principal Investigator shall contact the City of Carisbod representative at the time of discovery. The Principal Investigator, in consultation with City staff, shall determine the significance of the discovered resources. For any significant cultural resources discovered during monitoring of grading, further mitigation measures (data recovery) will be necessary to complete the impoct mifigation. A detailed descripfion of the additional mitigation measures will be prepared by the consulting archaeologist and approved by the City, prior to Type Monitor Schedule Compiiance Action Verification of Compliance Initial [ Dale Remarks Dos Colinas Project EIR 09-01 MMRP-21 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure implementation. Isolates ond cleariy non-significant deposits will be minimally documented in the field and the monitored grading con proceed. D. If any Native American buriols, humon skeletal or other remains including associated grove goods are discovered, the Principol Investigotor sholl contact the County Coroner and the City representative for the project immediately. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant (MLD, as identified by the Native Americon Heritage Commission, shall be contocted in order to determine proper treatment and disposition of the remains. E. All culturol materiol collected during the grading, monitoring program sholl be processed and curated according to current professional repository standards. The collections and associated records shall be transferred, including title, to on oppropriote curation facility within Son Diego County, to be accompanied by payment of the fees necessary for permanent curotion. If the Nofive American representatives request that ortifocts be repatriated to the local Native American community, this shall be conducted as directed by the City. F. Complete and submit to the sotisfoction of the City, a final monitoring report for the project that documents the results, onolysis, and conclusions of oil phases of the Archaeological Monitoring Program. However, in the event that no cultural resources ore discovered, a brief letter to that effect sholl be sent to the City by the Principal Investigator that the grading monitoring activities hove been completed. Regardless, the report shall include any updated Archaeological Site forms, which must also be submitted to the South Coastal Information Center, Type Monitor Schedule Compliance Action Verification of Compliance initial I Date Remarks CR-2. Prior to commencement of grading of the CCRC site PC City of Carisbod Prior to issuance of grading permit. Prior to the issuance of grading permit, the developer shall enter info on agreement with o representative of Dos Colinas Project EIR 09-01 MMRP-22 October 19, 2011 Mitigation Monrioring and Reporting Program Exhibit "B" Mitigation Measure (including the RV storage and garden area), the developer shall enter into a pre-excavation agreement with a representative of the Son Luis Rey Bond of Mission Indians. The purpose of the agreement will be to formalize monitoring requirements and procedures for the treatment of Native American human remains, burial, ceremonial or cultural sites that may be uncovered during any ground disturbance activity. Type Monitor Planning Department Schedule Compliance Acfion the Son Luis Rey Bond of Mission Indians. Verification of Compliance initiai Dale Remarks Geology and Soils GS-1, Prior to approval of final grading plans for either the CCRC site or RV storoge/gorden area, the City shall verify that all recommendations contoined in the Updated Geotechnical Invesfigation Dos Colinas Residential Development ond the Geofechn/co/ /nvesfigation Dos Colinas Affordable Housing Site (Southem California Soil & Testing, 2009) have been incorporated into oil final grading plons. The City's soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plon compliance with the recommendations of the report. All future grading and construction of the project site shall comply with the geotechnical recommendations contained in the geotechnical reports. These reports identify specific measures for mitigating geotechnical conditions on the project site, and addresses grading, slope stability, foundations, concrete slabs-on-grade, and earth retaining walls. Paleonlological Resources PD & PC Carisbad Engineering Department Prior to issuance of grading permit. Prior to the issuance of grading permit, the City's soil engineer ond engineering geologist shall review grading plans prior to finalization, to verify plan compliance with the recommendations of the report. PR-1, Prior to project site grading for all phases of development for the CCRC site or RV/Storage Gorden area, o qualified paleontologist shall be retained to carry out on appropriate mitigation program. A qualified paleontologist is defined as on individual with on M.S. or Ph.D. in paleontology or geology who is familiar with paleontology procedures and techniques. The quqiified poleontologist sholl be present of the PD City of Carisbod Engineering Department Prior to issuance of grading permits Prior fo issuance of o grading permit, the developer ond contractor shall both provide a statement agreeing to comply in full with Mitigation Meosure PR-1 during development of the project. Evidence of a controct with a qualified paleontologist to carry out the mifigation program shall be provided to the Engineering Department. Dos Colinas Project ^^'•x EIR 09-01 MMRP-23 October 19, 2011 Mifigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure pre-construction meeting to consult with grading and excavotion contractors concerning excavation schedules, paleontological field techniques, and sofety issues. • A paleontological monitor shall be onsite on o full- time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential (Pleistocene Terrace Deposits ond Santiago Formation) to inspect exposures for contained fossils. A paleontological monitor is detined os on individual who has experience in the collection and salvage of fossil materials. The poleontological monitor should work under the direction of a qualified paleontologist. When fossils ore discovered the paleontologist (or paleontological monitor) shall recover them. In most coses, this fossil salvage con be completed in a short period of fime. However, some fossil specimens (such as o complete large mammal skeleton) may require on extended salvage period. In these Instances, the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or holt grading to allow recovery of fossil remoins in a fimely manner. Because of the potential for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site. Fossil remains collected during the monitoring and salvage portion of the paleontological mitigation progrom sholl be cleaned, repaired, sorted, ond cataloged. Prepared fossils, along with copies of oil pertinent field notes, photos, and mops, shall be deposited (as a donation) in a scientific institution with permanent paleontologicol collections such as the Son Diego Type Monitor Schedule Compliance Action Verification of Compliance initial Dole Remarks Dos Colinos Project EIR 09-01 MMRP-24 October 19,2011 Mitigation Monitoring ond Reporting Progrom Exhibit "B" Mifigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Initial Date Remarks Natural History Museum. Donation of the fossils shall be accompanied by finonciol support for initial specimen storage. A final paleontologicol monitoring and recovery (if applicable) summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. Hydrology/Water Quality WQ-1. Prior to issuance of o groding permit for any phase of the development, the applicant shall prepare and submit for review and approval of the Carisbad City Engineer, a Storm Woter Pollution Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carisbod Standard Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No. 2009-0009-DWR, NPDES CAS000002), and the General Municipal Stormwater Permit (Order No. R9-2007-0001, NPDES CAS0108758). The oppliconf shall be responsible for monitoring ond maintaining the BMP erosion control measures identified below on o weekly basis in accordance with the City's grading and erosion control requirements (Municipol Code Section 15.16. et seq.). The locations of oil erosion control devices shall be noted on the SWPPP Site Mop. BMPs that shall be installed include, but ore not limited to, the following: Silt fence, fiber rolls, or gravel bag berms: Check dams; Street sweeping and vacuuming: Storm drain inlet protection: Stabilized construction entrance/exit: Hydroseed, soil binders, or straw mulch: Containment of material delivery and storage areas: Stockpile managemenf: PD 8. PC City of Carisbod Engineering Department Prior to issuonce of a grading permit Prior to issuance of a grading permit, the developer shall prepare and submit for review ond opproval of the Carisbod City Engineer, a SWPPP to control pollutants in compliance with the City's SUSMP, General Construction Stormwater Permit, and the General Municipol Stormwater Permit. The developer shall be responsible for monitoring and maintaining oil project BMP erosion control measures on a weekly bosis. Dos Colinas Project EIR 09-01 MMRP-25 October 19, 2011 Mitigation Monitoring and Reporting Program Exhibit "B" Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance mmai I Date Remarks Spill prevention and control: Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil: and. Concrete woste monogement. WQ-2. Prior to the issuance of a grading permit for any phase of development, the applicant shall prepare o Final Hydromodification Plan in accordance with the Final Hydromodification Monagement Plon for the phase of grading being permitted. The final plan shall show how the project complies with the applicable hydromodification provisions of Order R9-2007-0001 ond is designed so thot post-project runoff flow rotes and directions do not exceed pre-project runoff fiow rotes and durafion for applicable design storms. PD&PC City of Cartsbad Engineering Department Prior to issuonce of o grading permit Prior to issuance of o grading permit for any phase of the development, the applicant shall prepare and submit for review and approval of the City of Corisbod Engineer, a Final Hydromodification Plan in accordance with the Final Hydromodification Management Plan. WQ-3. Prior to the issuance of grading permits or other approvals for any public or private right-of-way improvements or site development plons, the developer shall prepare and submit for review and approval of the Carisbod City Engineer, improvement plons thot demonstrate that pollutants will be controlled through compliance with the City of Carisbad SUSMP and Stormwater Management Program (SWMP). Approval of such plans shall be subject to o determinotion by the Corisbod City Engineer that the proposed project has incorporated the post-development water quality pollution control site design BMPs, source control BMPs, ond structural treatment control BMPs into the project design to the maximum extent practicable. PD 8, PC City of Corisbod Engineering Deportment Prior to issuance of o grading permit Prior to issuance of permits or approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare and submit for review ond approval of the City of Corisbod City Engineer, improvement plans that demonstrote pollutants will be controlled through compliance with the City of Corlsbad SUSMP and SWMP. Source: BRG Consulting, Inc., 2011. Dos Colinas Project >, EIR 09-01 MMRP-26 October 19, 2011 5 ^ PLANNING COMMISSION RESOLUTION NO. 6826 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM 6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO RESIDENTIAL MEDIUM DENSITY (RM, 4-8 DU/AC) 7 AND THE REDISTRIBUTION OF OPEN SPACE ON A 46- ACRE PROPERTY GENERALLY LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL AND WEST OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH "A", IN 10 LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: DOS COLINAS 11 CASE NO: GPA 09-02 8 9 12 13 14 15 16 17 18 19 2Q Amendment as shown on Exhibit "GPA 09-02" dated October 19, 2011, attached hereto and on 21 file in the Carlsbad Planning Department, DOS COLINAS - GPA 09-02, as provided in 22 Govemment Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as That portion of Lot "B" of Rancho Agua Hedionda in the County of San Diego, State of California, According to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan WHEREAS, the Planning Commission did, on October 19, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and 23 24 25 26 2y WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 10 11 12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. 1 2 3 4 J. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of DOS COLINAS - GPA 09-02, based on the 5 following findings and subject to the following conditions: 7 Findings; o 1. The Planning Commission finds that the project is in conformance with the Elements of g the City's General Plan based on the facts set forth in the staff report dated October 19, 2011, including, but not limited to the following: a. Land Use/Open Space - in that the proposed change in General Plan Land Use designation from Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space to Residential Medium (RM, 4-8 du/ac) for Lots 1 and 2 and Residential Low-Medium Density (RLM, 0-4 du/ac) to Open Space (OS) for Lot 3 of MS 09- 13 04 will allow for the development of a senior professional care facility, relocation of an RV storage lot and garden for Rancho Carlsbad, and the long-term 14 preservation of sensitive upland habitat. Each of these uses is consistent with and appropriate for the RM and OS General Plan Land Use designations. The ^ ^ proposed facility will be privately-gated and will provide the elderly with a sense J ^ of community. In addition, a shuttle service will be provided to address the daily needs ofthe residents; 17 b. Open Space & Conservation - in that the project proposes to preserve 1.21 acres 18 of sensitive upland habitat as permanent open space and is consistent with the city's Habitat Management Plan. In addition, the proposal to re-designate an existing 0.50 acres of Open Space characterized as Extensive Agriculture and 2Q Eucalyptus Woodland to RM will be replaced by an open space parcel 1.21 acres in size which is superior in biological value and contains sensitive upland habitat 21 (i.e. primarily Diegan coastal sage scrub. Disturbed Diegan coastal sage scrub and Extensive Agriculture). In addition, the new open space parcel will also be 22 contiguous to existing open space as shown on the Official Open Space and Conservation Map; 23 2^ c. Housing - in that the project provides a wide range of housing types for seniors including detached cottages, independent apartment-style living units, and 25 assisted living. In addition, the Dos Colinas project is required to either restrict 20 of the IL units on-site as lower income inclusionary units or 24 units offsite. 26 The city's Housing Policy Team has determined that income-restricting 20 units on-site or purchasing 24 income-restricted units from another offsite combined inclusionary housing project will contribute towards achieving the city's 2g Regional Housing Needs. PC RESO NO. 6826 Al ^ Circulation - in that the project proposes to construct the core improvements for 2 College Boulevard Reach "A", a major arterial road (including curbs, gutters and sidewalk), to provide access to the development. In addition, the project's 3 internal circulation provides adequate access and complies with all applicable city design standards; and 4 ^ e. Noise - in that the project proposes a noise attenuation wall along the project's street frontage to mitigate traffic noise from College Boulevard. In addition, the 6 appropriate building materials will be required to ensure the interior noise standard is met and the wall will be appropriately screened with landscaping; 7 and ^ Public Safety - in that the proposed project includes the construction of an g emergency access driveway for Rancho Carlsbad Estates, which currently only has a single means of ingress and egress on the property. The Dos Colinas 10 project also includes a number of fire hydrants and will be conditioned to ensure that adequate fire facilities will be provided on-site. 12 23 That the proposed 1.21-acre open space area: 13 a. is equal to or greater than the 0.50-acre area depicted on the Official Open Space and Conservation Map; and 14 b. is of environmental quality equal to or greater than that depicted on the Official Open ^ ^ Space and Conservation Map; and c. is contiguous or within close proximity to open space as shown on the Official Open 17 Space and Conservation Map. 18 3. The Planning Commission of the City of Carlsbad does hereby find: 1 Q a. it has reviewed, analyzed and considered the Final Environmental Impact Report, 20 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for this project; the CEQA Findings; and the Mitigation Monitoring and Reporting 21 Program prior to RECOMMENDING APPROVAL of EIR 09-01; 22 b. the Final Environmental Impact Report, the CEQA Findings, and the Program have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of 24 the City of Carlsbad; 25 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 26 2j d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 28 environment. PC RESO NO. 6826 -3-1^ 4. The Plarming Commission has reviewed each of the exactions imposed on the Developer 2 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 3 degree ofthe exaction is in rough proportionality to the impact caused by the project. 8 12 23 28 Conditions: 4 ^ ' If any of the following conditions fail to occur, or if they are, by their terms, to be 6 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 7 revoke or modify all approvals herein granted; deny or further condition issuance of all fiature building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the g property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 10 or a successor in interest by the City's approval of this General Plan Amendment. 11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make them intemally consistent and in conformity with the final action on the project. 13 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 14 Developer shall comply with all applicable provisions of federal, state, and local laws and ^ ^ regulations in effect at the time of building permit issuance. ^ ^ ' If any condition for construction of any public improvements or facilities, or the payment 17 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code 18 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 19 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 21 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 22 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or 24 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 25 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 2^ approval is not validated. PC RESO NO. 6826 6. This approval is granted subject to the certification of EIR 09-01 and the approval of ZC 2 09-02, and is subject to all conditions contained in Plarming Commission Resolutions No. 6825 and 6827 for those other approvals incorporated herein by reference. 3 4 5 6 7 8 10 11 12 13 14 15 16 7. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09- 01 Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on October 19, 2011, by the following vote, to wit: g AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher, Scully and Siekmann NOES: ABSENT: ABSTAIN: 17 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 18 " 19 20 21 ATTEST: k2L DON NEU 22 Planning Director 23 24 25 26 27 28 PC RESO NO. 6826 -5- Exhibit "GPA 09-02" October 19, 2011 GPA 09-02 DRAFT Dos Colinas RMH RLM OS RLM R-1 OS -RLM \ /(O.SOacr), / rt RLM RLM EXISTING CT. ^°°o^y °°'V.:<P ^ ^A^°PP^ . OS (1.21 ac) fo.,.. PROPOSED Related Case File No(s): EIR 09-01 / ZC 09-02 / LFMP 15 (E) / RMHP 96-01 (D) / CUP 09-02 / SDP 09-02 / HDP 09-02 / HMP 09-02 / SUP 09-02 General Plan Land Use Designation Changes Property From: To: A, 209-060-70-00 RLM/OS RM/OS B. C. 7^ ^ PLANNING COMMISSION RESOLUTION NO. 6827 2 A RESOLUTION OF THE PLANNEs[G COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED 4 CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), RESIDENTIAL MOBILE HOME PARK (RMHP) AND OPEN SPACE (OS) ON A 46-ACRE PARCEL GENERALLY 6 LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL AND WEST 7 OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH "A", IN LOCAL FACILITIES MANAGEMENT ZONE 15. g CASE NAME: DOS COLINAS CASE NO: ZC 09-02 5 8 10 11 12 27 28 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as: 13 That portion of Lot "B" of Rancho Agua Hedionda in the County of San Diego, State of California, According to Map 14 thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 ("the property"); and 17 WHEREAS, said application constitutes a request for a Zone Change as shown 18 on Exhibit "ZC 09-02" dated October 19, 2011, attached hereto and on file in the Planning Department, DOS COLINAS - ZC 09-02, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the proposed Zone Change is set forth in the draft City Council Ordinance, EXHIBIT "X" dated October 19,2011, and attached hereto DOS COLINAS - ZC 19 20 21 22 23 24 09-02; and 25 WHEREAS, the Planning Commission did on October 19, 2011, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. -^C^ 1 2 3 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are tme and correct. ^ B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of DOS COLINAS - ZC 09-02, based on the 6 following findings and subject to the following conditions: 7 Findings: 8 9 That the proposed Zone Change from Limited Control (L-C) to Residential Density- Multiple (RD-M), Residential Mobile Home Park (RMHP), and Open Space (OS) is consistent with the goals and policies of the various elements of the General Plan, in that 10 the RD-M, RMHP and OS zoning designations replace the L-C Zone (which is intended to be an interim zoning designation), and implement the proposed ^ ^ Residential Medium (4-8 du/ac) and OS General Plan Land Use designations. 12 That the Zone Change will provide consistency between the General Plan and Zoning as 13 mandated by Califomia state law and the City of Carlsbad General Plan Land Use Element, in that the zoning designations shown on Exhibit "ZC 09-02" attached 14 hereto, implement the General Plan Land Use designations of RM and OS. 3. That the Zone Change is consistent with the public convenience, necessity, and general I g welfare, and is consistent with sound plarming principles in that the residential and open space uses allowed by the proposed zone change are compatible with the adjacent 17 and future residential and open space uses. 18 4. The Planning Commission of the City of Carlsbad does hereby find: 19 " it has reviewed, analyzed and considered the Final Environmental Impact Report, 20 EIR 09-01, for DOS COLINAS and the enviroimiental impacts therein identified for this project; the CEQA Findings; and the Mitigation Monitoring and Reporting 21 Program prior to RECOMMENDING APPROVAL of EIR 09-01; 22 b. the Final Environmental Impact Report, the CEQA Findings, and the Program 22 have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Enviroimiental Review Procedures of 24 the City of Carlsbad; 25 c. they reflect the independent judgment of the City of Carlsbad Planning Commission; and 26 21 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 28 environment. PC RESO NO. 6827 -2- % 8 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 3 degree ofthe exaction is in rough proportionality to the impact caused by the project. 4 Conditions: ^ 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 6 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 7 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the g property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 10 or a successor in interest by the City's approval of this Zone Change. 11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections J 2 and modifications to the Zone Change documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development shall 13 occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 14 3. Developer shall comply with all applicable provisions of federal, state, and local laws and ^ ^ regulations in effect at the time of building permit issuance. 4. If any condition for constmction of any public improvements or facilities, or the payment 17 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 18 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid imless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 21 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 22 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, fi-om (a) City's approval and issuance of this Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 24 in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 25 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have 26 been concluded and continues even if the City's approval is not validated. 27 6. This approval is granted subject to the certification of EIR 09-01 and the approval of 28 GPA 09-02, and is subject to all conditions contained in Planning Commission Resolutions No. 6825 and 6826 for those other approvals incorporated herein by reference. PC RESO NO. 6827 -3- ! 23 ^ 7. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09- 2 01 Mitigation Monitoring and Reporting Program. 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 4 Commission of the City of Carlsbad, held on October 19, 2011, by the following vote, to wit: 5 6 AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher, Scully and Siekmann 7 8 9 10 ABSTAIN: NOES: ABSENT: ATTEST: DON NEU Planning Director 11 12 13 14 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO, 6827 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6828 3 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LOCAL 4 FACILITIES MANAGEMENT PLAN FOR ZONE 15 TO CHANGE THE DESIGNATIONS FROM RESIDENTIAL LOW- 5 MEDIUM DENSITY TO RESIDENTIAL MEDIUM DENSITY AND OPEN SPACE ON PROPERTY GENERALLY LOCATED 6 NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL AND WEST OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH "A". CASE NAME: DOS COLINAS 9 CASE NO.: LFMP 15rE) WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified application with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said application constitutes a request for a Local Facilities Management Plan Amendment for Zone 15 (dated October 19, 2011, on file in the Planning Department) and incorporated by this reference (collectively referred to as the "Local Facilities 10 11 12 13 14 15 lg Management Plan Amendments"), as provided in Section 21.90.125 of the Carlsbad Municipal 17 Code; and 18 WHEREAS, the Planning Commission did, on the October 19, 2011, hold a duly ^ ^ noticed public hearing as prescribed by law to consider said request; and 20 „ WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 22 relating to the Local Facilities Management Plan for Zone 15. 23 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 25 Commission of the City of Carlsbad as follows 26 A) That the above recitations are true and correct. 27 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of an amendment for Local 28 1 Facilities Management Plan - Zone 15, based on the following findings and subject to the following conditions: 11 Findings: 4 1. That the Local Facilities Management Plan Amendment for Zone 15 is consistent with Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), and with the 5 Citywide Facilities and Improvement Plan, in that it contains all matters required by Section 21.90.110 and thereby ensures implementation of and consistency with the 6 General Plan and to protect the public health, safety, and welfare by ensuring that public facilities and improvements will be installed to serve new development prior to or concurrently with need. The Planning Commission of the City of Carlsbad does hereby find: 7 8 9 „ it has reviewed, analyzed and considered the Final Environmental Impact Report, 10 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for this project; the CEQA Findings; and the Mitigation Monitoring and Reporting Program prior to RECOMMENDING APPROVAL of EIR 09-01; b. the Final Environmental Impact Report, the CEQA Findings, and the Program j2 have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of 14 the City of Carlsbad; J 5 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 16 based on Final EIR 09-01 and comments thereon, the Planning Commission, finds 17 that there is no substantial evidence the project will have a significant effect on the environment. 18 3. The Planning Commission has reviewed each of the exactions imposed on the Developer ^ ^ contained in this resolution, and hereby finds, in this case, that the exactions are imposed 2Q to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 21 22 1. Approval is granted for an amendment to Local Facilities Management Plan - Zone 15 as 23 contained in the Plan titled Local Facilities Management Plan Zone 15, dated October 19, 2011, on file in the Planning Department, and incorporated herein by reference. The 24 amended Zone 15 Local Facilities Management Plan, dated October 19, 2011, shall replace in its entirety, LFMP 15(C) dated December 7,2004. 25 The project shall comply with all conditions and mitigation measures which are required as part of the Zone 15 Local Facilities Management Plan Amendment (LFMP 15E) prior 2j to the issuance of building permits or as more specifically defined pursuant to LFMP 15(E). 28 (JU PC RESO NO. 6828 -2- 1 3. This approval is granted subject to the certification of EIR 09-01 and the approval of GPA 09-02 and ZC 09-02 and is subject to all conditions contained in Planning 2 Commission Resolutions No. 6825, 6826, and 6827 for those other approvals 2 incorporated herein by reference. 4 4. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09- 01 Mitigation Monitoring and Reporting Program. 5 5. Prior to the issuance of any permits for the project, the applicant shall submit to the 6 Planning Director a digital copy and a camera-ready master copy of the Local Facilities Management Plan Amendment (LFMP 15(E)), in addition to the required number of bound copies. 8 6. Prior to the issuance of any permits for the project, the applicant shall adjust the 9 exhibits and tables associated with LFMP 15(E) to reflect the 1.21-acre Open Space lot proposed in association with the Dos Colinas project. The modifications shall be to the satisfaction of the Planning Director. 14 Engineering 10 11 12 „ Prior to issuance of a Grading Permit, Developer shall apply for and receive 13 approval of a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) related to the proposed College Boulevard bridge encroachments within the existing regulatory floodplain. Proof of J ^ CLOMR approval shall be provided to the satisfaction of the city engineer. 15 8. Upon completion of College Boulevard bridge and prior to final occupancy for any new development within Zone 15, Developer shall submit, process and receive 17 approval of a Letter of Map Revision (LOMR) to document, with FEMA, the work has been accomplished. Proof of LOMR approval shall be provided to the ^ ^ satisfaction of the city engineer. 19 Prior to issuance of a Grading Permit, Developer shall process and obtain approval 20 from the Federal Emergency Management Agency (FEMA) a Conditional Letter of Map Revision (CLOMR) regarding the modifications to flood inundation limits 21 associated with constructing Basin 'BJ' just east of the intersection of College Blvd and Cannon Road. 22 10. Upon completion of Basin 'BJ' and prior to final occupancy for any new development within Zone 15, Developer shall submit, process and receive approval 24 of a Letter of Map Revision (LOMR) to document, with FEMA, the work has been accomplished. Proof of LOMR approval shall be provided to the satisfaction of the 25 city engineer. 26 27 28 PC RESO NO. 6828 -3- 1 PASSED AND ADOPTED at a regular meeting of the Planning Commission of 2 the City of Carlsbad on October 19,2011, by the following vote, to wit: 3 AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, 4 Schumacher, Scully and Siekmann 5 NOES: 6 ABSENT: ^ ABSTAIN: 8 9 10 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 11 " 12 13 ATTEST: QLAL 14 DONNEU Planning Director 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6828 -4- 5 8 9 ^ PLANNING COMMISSION RESOLUTION NO. 6829 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF RESIDENTIAL MOBILE HOME PARK 4 PERMIT AMENDMENT FOR RANCHO CARLSBAD, A 504- UNIT CONDOMINIUM MOBILE HOME PARK, TO EXPAND THE BOUNDARIES OF THE COMMUNITY TO 6 ACCOMMODATE A RELOCATED RECREATION VEHICLE STORAGE AND GARDEN AREA ON A 6.73 ACRE 7 PROPERTY GENERALLY LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL AND WEST OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH "A" IN LOCAL FACILITIES MANAGEMENT ZONE 15. 10 CASE NAME: DOS COLINAS CASE NO.: RMHP 96-OirD) 11 j2 WHEREAS, West Living R/E, LLC, "Owner/Developer," and Rancho 13 Carlsbad Estates, "Owner," has filed a verified application with the City of Carlsbad regarding 14 property described as That portion of Lot "B" of Rancho Agua Hedionda in the 15 County of San Diego, State of California, According to Map thereof No. 823, filed in the Office of the County Recorder of 17 San Diego County, November 16,1896 ("the Property"); and 19 26 27 28 WHEREAS, said verified application constitutes a request for a Residential Mobile Home Park Amendment as shown on Exhibits "A" - "S" (Minor Subdivision Plans), "A" - "G" (Residential Mobile Home Park Permit Plans), and "A" - "C" (RV Storage 20 21 22 23 Landscape Plans) dated October 19, 2011, on file in the Planning Department DOS COLINAS 24 - RMHP 96-01(D), as provided by the conditions of approval of RMHP 96-01(D) and Chapter 21.37 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 19, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and ?1 ^ 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 RMHP amendment. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are tme and correct, g B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of DOS COLINAS - RMHP 96-01(D) based on the following findings and subject to the following conditions: 10 " 11 15 22 23 24 27 Findings; 12 1. That the Dos Colinas Residential Mobile Home Park Permit Amendment, RMHP 96- 01(D), is consistent with the General Plan and the development standards and design 13 criteria of CMC Chapter 21.37 as discussed in the Section "C" of the staff report. 14 2. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 15 and all City public facility policies and ordinances. The project includes elements or has been conditioned to constmct or 15 provide fiinding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 17 facilities; libraries; govemment administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 19 a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 20 collected prior to the issuance of building permit. 21 b. The Local Facilities Management fee for Zone 15 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Final Environmental Impact Report, EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for 25 this project; the CEQA Findings; and the Mitigation Monitoring and Reporting Program prior to RECOMMENDING APPROVAL of EIR 09-01; b. the Final Environmental Impact Report, the CEQA Findings, and the Program 28 have been prepared in accordance with requirements of the Califomia Environmental PC RESO NO. 6829 -2- ^ Quality Act, the State EIR Guidelines and the Environmental Review Procedures of 2 the City of Carlsbad; 3 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 4 5 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 6 environment. 7 4. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 9 degree of the exaction is in rough proportionality to the impact caused by the project. 8 15 10 Conditions: ^ ^ Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the 2 2 grading permit or recordation of a final map, whichever occurs first. 13 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 14 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 15 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 17 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Residential Mobile Home Park ^ ^ Permit Amendment. 19 Staff is authorized and directed to make, or require the Developer to make, all corrections 20 and modifications to the Residential Mobile Home Park Permit Amendment documents, as necessary to make them intemally consistent and in conformity with the 21 final action on the project. Development shall occur substantially as shown on the 22 approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 23 Developer shall comply with all applicable provisions of federal, state, and local laws and 24 regulations in effect at the time of building permit issuance. 4. If any condition for constmction of any public improvements or facilities, or the payment 25 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 27 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 28 all requirements of law. PC RESO NO. 6829 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Residential Mobile Home 4 Park Permit Amendment, (b) City's approval or issuance of any permit or action, 2 whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted 6 hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 9 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 10 11 12 28 Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 13 8. This approval is granted for RMHP 96-01(D) as shown on Exhibits "A" - "S" (Minor Subdivision Plans), "A" - "G" (Residential Mobile Home Park Permit Plans), and "A" - "C" (RV Storage Landscape Plans) dated October 19, 2011, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown imless otherwise noted in these conditions. 14 15 16 .. 9. This project shall comply with all conditions and mitigation measures which are required 17 as part of the Zone 15 Local Facilities Management Plan and any amendments made to ^ ^ that Plan prior to the issuance of building permits. 19 10. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report (EIR 09-01), Mitigation Monitoring and Reporting 20 Program, GPA 09-02, ZC 09-02, LFMP 15(E), HMP 09-02, and SUP 09-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6825, 6826, 2^ 6827, 6828, 6833 and 6834 for those other approvals incorporated herein by reference 22 and the approval letter for MS 09-04 signed by the City of Carlsbad City Engineer. 23 11. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09- 01 Mitigation Monitoring and Reporting Program. 24 22 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 25 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 27 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map (MS 09-04). qp) PC RESO NO. 6829 -4- 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such 4 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 2 approval will not be consistent with the General Plan and shall become void. 6 14. The RV storage and garden area shall be installed prior to the beginning of the construction of Detention Basin "BJ" pursuant to Exhibits "A" - "S" (Minor 7 Subdivision Plans), "A" - "G" (Residential Mobile Home Park Permit Plans), and "A" - "C" (RV Storage Landscape Plans) dated October 19, 2011. The improvements shall be completed to the satisfaction of the Planning Director and 9 the City Engineer. 8 11 10 15. The RV storage area shall meet the following criteria: a. The RV storage area shall not be utilized as a sales yard or as storage for a sales yard. An occasional sale by an individual may be permitted; j2 b. The maintenance, restoration and/or repair of any vehicle shall not be permitted within the recreational vehicle storage area; 13 c. No uncovered chemicals shall be stored on-site; d. The utilization of a stored vehicle as a living unit shall not be permitted; 14 e. The recreational vehicle storage area shall be surfaced with two inches of asphalt on four inches of base, or with an alternative acceptable to the city engineer; and 15 f. The RV storage area, including the pavement, landscaping, and the walls shall be maintained in perpetuity. 15 17 18 19 22 16. Prior to the issuance of grading permits for the precise grading plan (Phase 2 of MS 09-04) for development of RV Storage/Garden lot (Parcel 2 of MS 09-04) presented on Exhibits "A" - "S" (Minor Subdivision Plans), "A" - "G" (Residential Mobile Home Park Permit Plans), and "A" - "C" (RV Storage Landscape Plans) dated 20 October 19, 2011, the Developer shall cause Rancho Carlsbad to revise the existing covenants, conditions and restrictions (CC&Rs) to address the required long-term 21 maintenance of the RV storage and garden lot, including the landscaping and masonry screen walls. In addition, the CC&Rs shall include the provisions listed in Condition No. 15 above. Said CC&Rs shall be to the satisfaction of the Planning 23 Division. Prior to issuance of the grading permit for the precise grading plan (Phase 2 of MS 09-04), the applicant shall provide the Planning Division with a recorded 24 copy of the official amended CC&Rs that have been approved by the Planning Director. 25 2g 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief When so required, the Developer shall submit and obtain approval of the Fire Chief and 27 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 28 PC RESO NO. 6829 -5- - ^ 18. Prior to the recordation of Phase 1 of the Final Map, Developer shall submit to the City 2 a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the 3 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Residential Mobile Home Park Permit Amendment by Resolution No. 6829 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of 6 Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by ^ the Developer or successor in interest. g 19. Developer shall submit and obtain Planning Director approval of a Final Landscape and 9 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall constmct and install all landscaping as 10 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 11 12 20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 13 project's building, improvement, and grading plans. 14 21. This project (Phase 1 of Final Parcel Map, MS 09-04) has been found to resuh in 15 impacts to wildlife habitat or other lands, such as agricultural land and disturbed habitat, which provide some benefits to wildlife, as documented in the City's Habitat 15 Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat 17 Management Plan and City Council Resolution No. 2000-223 to fimd mitigation for impacts to certain categories of vegetation and animal species. The Developer is further ^ ^ aware that the City has determined that all projects will be required to pay the fee in order ^g to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in 20 interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in- 21 lieu mitigation fees for Phase 1 of MS 09-04, consistent with the City's Habitat Management Plan (HMP), the biological study (Merkel & Associates, Addendum dated July 26, 2011) and the MMRP, for impacts to 7.0 acres of Extensive 23 Agriculture (HMP Habitat Group F) and 0.6 acres of Disturbed Land (HMP Habitat Group F). The fees shall be remitted prior to recordation of Phase 1 of the 24 Final Map. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 22 25 26 Engineering 27 Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a grading 28 permit. PC RESO NO. 6829 -6- ^ General 2 22. Prior to hauling dirt or construction materials to or from any proposed constmction site 3 within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 4 2 23. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. The 5 reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, 7 improvement plans, grading plans, or final map, whichever occurs first. 8 Fees/Agreements 9 24. Developer shall cause property owner to execute and submit to the city engineer for 10 recordation the city's standard form Drainage Hold Harmless Agreement. ^ ^ 25. Developer shall cause property owner to process, execute and submit an executed copy to J2 the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 13 treatment control, applicable site design and source control, post-constmction permanent Best Management Practices prior to the issuance of a grading permit. 14 15 16 17 26. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Street Tree Maintenance Agreement. Grading 27. In accordance with EIR No. 98-02 SCH No. 99111082, this project provides for the ^ 8 RV/garden replacement site for the Rancho Carlsbad Mobile Home Park. On the grading ^g plan or other approved constmction plan. Developer shall include the demolition and removal of the existing RV/garden site subject to approval of the city engineer and city 20 planner. 21 28. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable 23 grading plan review fees per the city's latest fee schedule. 24 29. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per city code requirements. 26 30. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 27 implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt 28 mnoff during constmction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or PC RESO NO. 6829 -7- 9 ? devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 2 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 3 31. Prior to the issuance of a grading permit, developer shall submit to the city engineer 4 receipt of a Notice of Intent from the State Water Resources Control Board. 32. Prior to the issuance of grading permit or building permit, whichever occurs first, 5 developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and 7 provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant mnoff during constmction of the project to the maximum 9 extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 10 33. This project is subject to 'Priority Development Project' requirements. Developer shall ^ ^ prepare and process a Storm Water Management Plan (SWMP), subject to city engineer j2 approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), 13 latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to 14 ensure that mnoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 8 15 16 34. Developer is responsible to ensure that all final design plans (grading plans, improvement 17 plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design ^ 8 (LID) facilities all subject to approval by the city engineer. 19 35. Developer shall submit documentation, subject to city engineer approval, demonstrating 20 how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management 21 Plan (SWMP). 28 Dedications/Improvements 22 23 36. Developer shall cause owner to dedicate easements to the city and/or other appropriate 24 entities for public sewer, drainage and inundation purposes as shown on MS 09-04 and for public pedestrian access purposes as shown on the site plan. The offer shall be 25 made by separate recorded documents. All land so offered shall be fi-ee and clear of all 2^ liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the 27 satisfaction of the city engineer. PC RESO NO. 6829 IA 37. Developer shall design the private drainage systems, as shown on the site plan to the 2 satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement 3 plan check and inspection fees for private drainage systems. 4 38. Developer shall prepare and process public improvement plans and, prior to city engineer 2 approval of said plans, shall execute a city standard development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 5 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but 7 are not limited to: g A. Complete half-street improvements for College Boulevard, to major arterial 9 standards, along the project frontage per City Standards. Complete half-street improvements include a 32-foot paved half-street width consisting of two 12-foot 10 lanes and an 8-foot bike lane, curb, gutter, street lights, fire hydrants, median hardscape, median landscaping, parkway landscaping and parkway irrigation ^ ^ as shown on the Site Plan. 12 Developer shall pay the standard improvement plan check and inspection fees. 13 Improvements listed above shall be constmcted within 36 months of approval ofthe subdivision or development improvement agreement or such other time as provided in 14 said agreement. 39. Developer shall cause owner to waive direct access rights by separate document for all 15 lots abutting College Boulevard. 17 40. Prior to issuance of building permits, developer shall underground all existing overhead utilities along the project boundary with College Boulevard. 18 ^g 41. Developer shall design, and obtain approval from the city engineer, the stmctural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to 20 tmck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final stmctural pavement design of the aisle ways shall be 21 submitted together with required R-value soil test information subject to the review and 22 approval of the city engineer. 23 26 27 Utilities 24 42. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire 25 hydrants, unless otherwise approved by the Fire Marshal, shall be considered public improvements and shall be served by public water mains to the satisfaction ofthe district engineer. 43. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges 28 for connection to public facilities. PC RESO NO. 6829 ^.6 44. The developer shall design landscape and irrigation plans utilizing recycled water as a 2 source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 3 4 10 15 16 17 18 NOTICE 5 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 6 "fees/exactions." 7 You have 90 days from date of final approval to protest imposition of these fees/exactions. If g you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for 9 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or armul their imposition. ^ ^ You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions j2 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this 13 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 14 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on October 19, 2011 by the following vote, to wit: 29 AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher, Scully and Siekmann NOES: ABSENT: 20 21 22 23 0 /S^TAIN: 24 25 26 27 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . 28 DON NEU Planning Director 5 ^ PLANNING COMMISSION RESOLUTION NO. 6830 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A 305 UNIT CONTINUING 4 CARE RETIREMENT COMMUNITY, INCLUDING 58 COTTAGES, 166 INDEPENDENT LIVING UNITS AND A 81- ROOM/95-BED ASSISTED LIVING/CONGREGATE CARE 6 FACILITY ON A 46-ACRE PROPERTY GENERALLY LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF 7 CANNON ROAD, EAST OF EL CAMINO REAL AND WEST OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH "A" IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: DOS COLINAS 10 CASE NO.: CUP 09-02 8 9 11 12 13 14 15 16 17 18 j9 Permit as shown on Exhibits "A" - "S" (Minor Subdivision Plans), "A" - "J" (Hillside 20 Development Plans), "A - "KK" (Architecture for Senior Development), and "A" - "T" (Landscaping for Senior Development), dated October 19, 2011, on file in the Planning Department, DOS COLINAS - CUP 09-02, as provided by Chapter 21.42 and/or 21.50 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 19, 2011, hold a duly WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as That portion of Lot "B" of Rancho Agua Hedionda in the County of San Diego, State of California, According to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 21 22 23 24 25 25 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. 1 2 3 4 11 18 21 22 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are tme and correct. 2 B) That based on the evidence presented at the public hearing, the Commission APPROVES DOS COLINAS- CUP 09-02, based on the following findings and 6 subject to the following conditions: Findings: 7 g That the requested use is necessary or desirable for the development of the community, 9 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 10 proposed professional care facility provides an alternative to the long-term residential, social, and health care needs of elderly residents. The facility, which includes a combination of detached cottages, independent apartment-style 22 independent living units as well as assisted living, offers a continuum of care to minimize trauma associated with a transfer and allows for the provision of social 13 and health care services in a licensed setting. As discussed within Table 2 of the staff report, the professional care facility is consistent with the Residential Medium ^4 Density (RM) General Plan Land Use designation in that it will provide the elderly j2 with a sense of community. In addition, the project is consistent with the various elements and objectives of the General Plan in that the project permanently 15 preserves sensitive upland habitat and includes the development of the core and frontage improvements for the extension of College Boulevard Reach "A," a prime 17 arterial road pursuant to the Circulation Element. The construction of College Boulevard Reach "A" would result in improved circulation infrastructure and will address the areas future needs. The project also proposes a noise attenuation wall 2 9 along the entire College Boulevard street frontage to mitigate traffic noise. Finally, the General Plan recognizes the need and benefit for a variety of housing, including 20 uses such as the proposed professional care facility for seniors as well as affordable housing. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed project, 23 consisting of a comprehensively-planned professional care facility located on a 35.31-acre site, is located adjacent to the future extension of College Boulevard to 24 the east, a prime arterial road. The closest existing residential use to the proposed facility is Rancho Carlsbad Estates, an existing 504-unit senior condominium mobile home park to the west; however, because an RV storage/garden area for Rancho 25 Carlsbad Estates, as well as a number of detentions basins are proposed in between the professional care facility and the community, there will be no direct interface 27 between the existing and proposed uses. The proposed use is compatible with the existing uses in that it also serves the elderly, is located more than 700 feet away 28 from the Rancho Carlsbad Estates community and the slopes supporting the site will be landscaped pursuant to the requirements of the city's Landscape Manual. In PC RESO NO. 6830 -2- 9^ 4 11 12 addition, the professional care facility is proposed to be located adjacent to an 2 existing equestrian property as well as Agua Hedionda Creek to the south. A 60- foot-wide fuel modification zone as well as a 1.21-acre upland open space parcel will 3 separate the proposed single-story cottages from the adjacent properties. Further, the proposed project will generate less traffic (i.e., 1,090 Average Daily Trips for professional care use) than if the project were to be developed consistent with the 2 existing RLM General Plan Land Use designation (131 single family residential units, 1,310 Average Daily Trips). Finally, the professional care facility will not 5 involve the use of hazardous materials in significant quantities, would not create excessive noise, or involve intensive or nighttime activities that would be detrimental 7 to surrounding land uses. g That the site for the proposed conditional use is adequate in size and shape to 9 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 10 Planning Director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the 35.31-acre project site in that the project fits within the development envelope without the need for any significant modifications to the development standards of the Zoning Code. One modification has been requested to the covered parking requirements for the independent living 13 units. Specifically, while the parking proposed for the independent living units satisfies the numerical parking standard (i.e., 1.5 spaces/ unit and 1 guest space per ^4 every 5 units), only 21 percent of the spaces are covered (i.e. 54-space underground 22 parking garage for 166 units). Staff has researched the parking requirements for similar projects in the community and determined that the proposed number of 15 covered parking spaces for the independent living units is comparable. Pursuant to CMC Section 21.42.140(A), modifications to the parking standards can be made 17 since the minimum numerical requirement is satisfied. In addition, a daily shuttle service will be provided to address the daily needs for the tenants of the independent ^ ^ living units who are unable to drive or may not own a car. 19 The project exceeds all additional development standards including setback, lot size, 20 and lot coverage. As discussed in Table 2 of this report, a sound wall is required around the eastern perimeter of the development to mitigate the impacts associated with traffic noise generated by College Boulevard to a less than significant level. The proposed wall will be decorative and screened with landscaping. In addition, open space, 60-foot-wide fuel modification zones and a number of detention basins 23 provide a substantial buffer between the proposed project and the adjacent sensitive habitat to the south (i.e. Agua Hedionda Creek riparian corridor). Further, the 24 lowest intensity professional care use, single-story cottages, are located on the perimeter of the development, which provides an additional buffer between the adjacent sensitive habitat and the proposed two and three-story independent and 25 assisted living buildings. Landscaping is proposed around the perimeter as well which will soften any visual impacts associated with grading the pad for 27 development. Two loading facilities are proposed to be located along east elevations facing College Boulevard. The loading facilities are proposed to be 28 enhanced/screened with a trellis and landscaping. In addition, the combination of the elevation difference between College Boulevard and the pad elevations for the PC RESO NO. 6830 -3- 09 21 22 25 AL and IL buildings, as well as the incorporation of a sound wall with landscaping 2 screening will assist in fully screening the loading facilities from public view along the College Boulevard frontage. 3 That the street system serving the proposed use is adequate to properly handle all traffic 4 generated by the proposed use, in that primary access to the professional care site will 2 be provided by two private signalized and gated driveways located off of a new extension to College Boulevard, which is more specifically referred to as College 6 Boulevard Reach "A". College Boulevard is a major arterial road with 102-foot right-of-way and a raised median. While the core and frontage improvements are 7 proposed to be constructed as part of the Dos Colinas project, the impacts g associated with the construction of College Boulevard were previously-analyzed and approved pursuant to a separate Environmental Impact Report which was certified 9 in 2001 (Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4 and Detention Basins, EIR 98-02, SCH No. 99111082). As discussed in the EIR 10 prepared for the Dos Colinas project (EIR 09-01), the Average Daily Trips (ADTs) associated with the professional care facility do not result in any significant ^ ^ capacity-related impacts to any road segments or intersections. 12 The project is consistent with the Citywide Facilities and Improvements Plan, the Local 13 Facilities Management Plan for Zone 15 and all City public facility policies and ordinances. The project includes elements or has been conditioned to constmct or ^4 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administrative facilities; and open space, related to the 15 project will be installed to serve new development prior to or concurrent with need. Specifically, 17 18 19 The Local Facilities Management fee for Zone 15 is required by Carlsbad Municipal 20 Code Section 21.90.050 and will be collected prior to issuance of building permit. 21 6. The project is consistent with the adopted McClellan-Palomar Airport Land Use 15 22 a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. Compatibility Plan (adopted January 25, 2010, amended March 4, 2010) in that: 23 a. The project site is located outside of the 60-65 dB CNEL noise exposure range per Exhibit III-l - Compatibility Policy Map: Noise. Therefore, the professional 24 care facility use is considered compatible with the McClellan-Palomar Airport; 25 b. The project site is located outside of Zone 6 - Traffic Pattern Zone per Exhibit 25 III-2 - Compatibility Policy Map: Safety. Therefore, the proposed use does not have a Floor Area Ratio (F.A.R.) restriction; 27 c. The project site is located within the 481' MSL horizontal surface elevation 28 contour of Exhibit III-3 - Compatibility Policy Map: Part 77 Airspace Protection. The proposed finished floor elevation of the Independent Living PC RESO NO. 6830 -4- 16b 8 Unit and Assisted Living buildings, 85.5' and 106.2' above MSL, respectively, 2 will not penetrate the 481' MSL horizontal surface elevation contour of the Part 77 Airspace Protection Map. In addition, a Federal Aviation Regulation (FAR) 3 Part 77 determination has been issued to confirm this determination; 4 d. The project site is located within the Overflight Notification Area per Exhibit 2 III-4 - Compatibility Policy Map: Overflight. As such, the recordation of an overflight notification document is required; 6 The project site is located within Review Area #2 of the Airport Influence Area 7 per Exhibit III-5 - Compatibility Policy Map: Airport Influence Area. Review Area #2 consists of locations beyond Area #1 but within the airspace protection and/or overflight notification area. As discussed above in subsections a-d, the 9 proposed uses are considered compatible and no restrictions or special requirements other than the recordation of the overflight notification document 10 are required; ^' f. The project is located outside of the Avigation Easement Area, but is within the 22 Overflight Notification Area per Exhibit III-6 - Compatibility Policy Map: Avigation Easement Area and Overflight Notification Areas. As a result, the 13 recordation of an overflight notification document is required; and 14 g. In accordance with the McClellan-Palomar ALUCP Chapter 2 - Policy 2.6.2(a), J 2 the project has obtained a Determination of Consistency from the Airport Land Use Commission (ALUC). 16 That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 17 Code Section 14.28.020 and Landscape Manual Section I B). 18 8. The Planning Commission of the City of Carlsbad does hereby find: ^ ^ a. it has reviewed, analyzed and considered the Final Environmental Impact Report, 20 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for this project; the CEQA Findings; and the Mitigation Monitoring and Reporting 21 Program prior to RECOMMENDING APPROVAL of EIR 09-01; 22 b. the Final Environmental Impact Report, the CEQA Findings, and the Program have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of 24 the City of Carlsbad; 23 25 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 26 27 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 28 environment. PC RESO NO. 6830 -5- 11 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 3 degree ofthe exaction is in rough proportionality to the impact caused by the project. 4 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 6 grading permit or recordation of a final map, whichever occurs first. 7 1. If any of the following conditions fail to occur, or if they are, by their terms, to be g implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 9 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 10 issued under the authority of approvals herein granted; record a notice of violation on the property titie; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 22 or a successor in interest by the City's approval of this Conditional Use Permit. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them ^4 intemally consistent and in conformity with the final action on the project. Development 2 2 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 18 4. If any condition for constmction of any public improvements or facilities, or the payment 29 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 20 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 21 all requirements of law. 22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 24 and costs, including court costs and attomey's fees incurred by the City arising, directiy or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 25 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 27 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 28 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 6830 -6- 25 ^ " Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Site Plan reflecting the conditions approved by the final decision-making body. 3 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 4 format. 5 , . . This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 15 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7 g 9. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting 9 Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), SDP 09-02, HMP 09-02, and SUP 09-02 and is subject to all conditions contained in Planning Commission 10 Resolutions No. 6825, 6826, 6827, 6828, 6829, 6831, 6832, 6833, and 6834 for those J J other approvals incorporated herein by reference and the approval letter for MS 09-04 signed by the City of Carlsbad City Engineer. 12 10. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09- 13 01 Mitigation Monitoring and Reporting Program. ^4 11. This approval shall become null and void if building permits are not issued for this 2 2 project within eight (8) years of project approval. 16 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 1 ^ adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 19 shall be placed on the Final Map. 18 21 20 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 22 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such 23 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 24 22 14. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction executed by the ovwier of the real property to be developed. Said notice is 25 to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of 27 Carlsbad has issued an Environmental Impact Report, General Plan Amendment, 2g Zone Change, Local Facilities Management Plan Amendment, Residential Mobile Home Park Permit Amendment, Conditional Use Permit, Site Development Plan, Hillside Development Permit, Habitat Management Plan Permit and Special Use PC RESO NO. 6830 -7- f/yA ^ Permit by Resolution(s) Nos. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833, 2 and 6834 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as 3 well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 11 6 15. Removal of native vegetation and development of Open Space Lot(s) 3, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, 7 other than that approved as part of (the grading plan, improvement plans, biological ^ revegetation program, landscape plan, etc.) as shown on Exhibits "A" - "S" and "A" - " J", is specifically prohibited, except upon written order of the Carlsbad Fire Department 9 for fire prevention purposes, or upon v^itten approval of the Plaiming Director, based upon a request from the Property Owner/Management Association accompanied by a 10 report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation, the report required to accompany the 2 2 request shall be prepared by a qualified biologist. 13 16. CUP 09-02 shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial '4 negative effect on surrounding properties or the public health, safety and general welfare. 22 If the Planning Director determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being 16 exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have 17 not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is 2 9 being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall recommend that the Planning 20 Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose 22 new conditions. 23 17. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial 24 detrimental effect on surrounding land uses and the public's health and welfare, or the 22 conditions imposed herein have not been met. 25 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 27 the City's Landscape Manual. Developer shall constmct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 28 condition, free from weeds, trash, and debris. PC RESO NO. 6830 -8- ^OH 18 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 4 5 20. Developer shall a provide bus stop to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be 5 designed to enhance or be consistent with basic architectural theme of the project. 8 11 7 21. This project (Phase 2 of Final Parcel Map, MS 09-04) has been found to result in impacts to wildlife ha.bitat or other lands, such as agricultural land, disturbed valley needlegrass grassland, Diegan coastal sage scmb, and eucalyptus woodland, which 9 provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has 10 adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is fiirther aware that the City 22 has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation 13 Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building 14 permit, whichever occurs first. In addition to the designation of Parcel 3 as permanent 2 2 open space, the applicant shall pay habitat in-lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP) and the biological study (Merkel & 15 Associates, Addendum dated July 26, 2011), for impacts to 27.3 acres of Extensive Agriculture (HMP Habitat Group F), 0.2 acre of Eucalyptus Woodland (HMP 17 Habitat Group F) and 1.1 acres of Disturbed Land (HMP Habitat Group F). The fees shall be remitted prior to recordation of Phase 2 of the Final Map. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the 29 Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 20 22. Prior to issuance of a grading permit or clearing of any habitat for Phase II, whichever 21 occurs first, the Developer shall take the following actions to the satisfaction of the 22 Planning Director in relation to the open space lots which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: 23 a. Select a conservation entity, subject to approval by the City, which possesses 24 qualifications to manage the open space lots for conservation purposes. 25 b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in 26 perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. 28 18 PC RESO NO. 6830 -9-105 " Based on the results ofthe PAR, provide a non-wasting endowment or other financial 2 mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lots in 3 perpetuity. d. Record a Conservation Easement over the open space lot. 4 e. Prepare a Preserve Management Plan which will ensure adequate management of the 5 open space lots in perpetuity. 7 23. Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to recordation of Phase 2 of the Final Map. 8 9 24. All roof appurtenances, including air conditioners, shall be architecturally integrated and 10 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the ^' Directors of Community Development and Planning. 12 25. Developer shall constmct trash receptacle and recycling areas enclosed by a six-foot-high 13 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning 14 Director. Enclosure shall be of similar colors and/or materials to the project to the J ^ satisfaction of the Planning Director. 15 26. No outdoor storage of materials shall occur onsite unless required by the Fire Chief When so required, the Developer shall submit and obtain approval of the Fire Chief and 17 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 18 2 g 27. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including surface parking areas, walkways, recreation paths, security and decorative 20 walkways. All lighting shall be designed to complement the architectural theme of the development, reflect downward, and avoid any impacts on adjacent homes, 21 native habitat, open space, or property. In addition, the lighting plan shall be 22 consistent with the mitigation requirements outlined pursuant to the Mitigation, Monitoring and Report Program (MMRP). 23 28. Compact parking spaces shall be located in large groups, and in locations clearly marked 24 to the satisfaction of the Planning Director. 25 29. Prior to recordation of Phase 2 of MS 09-04, the Developer shall prepare and record a 25 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 27 Director and the City Attomey (see Noise Form # 2 on file in the Planning Department). 28 30. Prior to occupancy of the independent living unit buildings, the Developer shall provide all required passive and active recreational areas located within the PC RESO NO. 6830 -10- /C>(P common courtyards and within the independent living unit buildings (i.e. interior 2 recreation space) per the approved plans (Exhibits "A" -"S", "A" - "KK", and "A" "T"), including landscaping. Prior to occupancy of the first cottage within each 3 cluster of cottages (i.e. north, south and west), the pocket parks and recreation areas for each respective cluster shall be completed per the approved plans^ to the 4 satisfaction of the Planning Director. ^ 31. Developer shall dedicate, on Phase 2 of the Final Map, an open space easement over 5 the detention and hydromodification basins as shown on Exhibits "A" - "S" to prohibit any encroachment or development, including but not limited to fences/walls 7 (except around the perimeter), decks, storage buildings, pools, spas, and stairways. 8 32. The park amphitheater and recreation areas for the Independent Living Unit buildings shall not be used between the hours of 10:00 p.m. and 7:00 a.m. 14 17 33. A comprehensive Sign Program shall be approved prior to the issuance of building permits to the satisfaction of the Planning Director. 9 10 11 34. Prior to the issuance of building permits for any component of the professional care 12 facility, the applicant shall submit documentation to the satisfaction of the Planning Director that the lease agreement/resident handbook and the employee handbook 13 include information which educates the residents/tenants regarding responsible pet ownership. The lease agreement/handbooks shall include the following details a. Limits the number of domestic pets to one per unit; 15 b. Requires the pets to be registered with the community; c. Requires that dogs shall be on a leash at all times outdoors; 16 d. Restricts the feeding of feral animals; e. Limits pet access to boundaries of the senior development; f. Prohibits pet access within the detention basins, upland open space lot and any 2 g other adjacent Habitat Management Plan area which is preserved in perpetuity; g. General education regarding spaying/neutering pets; 19 h. Refuse control around the perimeter of the property adjacent to the detention basins, upland open space lot, and any other adjacent Habitat Management Plan 20 area which is preserved in perpetuity; and 22 " General education encouraging residents to keep pets indoors, particularly at night. 22 35. Developer shall provide a bus stop to service this development at a location and with 23 reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities shall be free from advertising and shall, at a 24 minimum, include a shelter, bench, and a pole for the bus stop sign. In addition, the 22 facilities shall be designed to enhance or complement the basic architectural theme of the project. 26 36. In areas adjacent to the trail/walkway along the western perimeter of the 27 development where a trail safety fence, lodge pole fence, chain-link fence or masonry wall is not provided, fencing shall be extended so as to ensure a continuous 28 fence is provided along the trail/walkway to the satisfaction of the Planning PC RESO NO. 6830 -11- (QJ 1 2 Director. The type of fencing shall also be to the satisfaction of the Planning Director. 3 37. A minimum of one covered parking stall per independent living unit shall be provided. The details of the covered parking shall be provided on the building plans and grading plans to the satisfaction of the Planning Director. Fees: 4 5 6 38. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as 7 required by Council Policy No. 17. 8 39. Prior to the issuance of a building permit. Developer shall pay the Local Facilities g Management fee for Zone 15 as required by Carlsbad Municipal Code Section 21.90.050. 10 40. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 ofthe Carlsbad Municipal Code. 11 12 13 Code Reminders: 41. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 24 permit issuance, except as otherwise specifically provided herein. 15 42. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the Califomia Building Code. 16 17 18 19 20 21 43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 22 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 23 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 24 follow that procedure will bar any subsequent, legal action to attack, review, set aside, void, or 22 annul their imposition. 26 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 27 zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ^, PC RESO NO. 6830 -12- /^^ 1 2 3 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on October 19, 2011 by the following vote, to wit: NOES: ABSENT: ABSTAIN: 2 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, Scully and Siekmann 6 " 7 8 9 10 11 2 2 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 13 " 14 ATTEST: 15 16 DON NEU 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6830 -13-(69 5 ' PLANNING COMMISSION RESOLUTION NO. 6831 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO SATISFY THE INCLUSIONARY 4 HOUSING REQUIREMENTS FOR THE DOS COLINAS PROJECT BY DESIGNATING 20 SENIOR INDEPENDENT LIVING UNITS ON-SITE AS LOW INCOME INCLUSIONARY UNITS OR BY 5 PROVIDING 24 INCLUSIONARY UNITS OFFSITE WITHIN THE NORTHEAST QUADRANT AT A LOCATION TO BE 7 DETERMINED. THE DOS COLINAS PROJECT SITE IS GENERALLY LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL AND 9 WEST OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH "A" IN LOCAL FACILITIES 10 MANAGEMENT ZONE 15. CASE NAME: DOS COLINAS 11 CASE NO.: SDP 09-02 8 12 13 14 15 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as ("the Property"); and That portion of Lot "B" of Rancho Agua Hedionda in the County of San Diego, State of California, According to Map 2 5 thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 17 " 18 29 WHEREAS, said verified application constitutes a request for a Site Development 20 Plan as shown on Exhibits "A" - "KK" (Architecture for Senior Development) dated October 21 19, 2011, on file in the Planning Department, DOS COLINAS - SDP 09-02 as provided by 22 Chapter 21.06 and Section 21.53.120 ofthe Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on October 19, 2011 , hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the Site Development Plan (fC 1 2 3 4 7 12 15 16 18 19 22 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are tme and correct. 2 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES DOS COLINAS - SDP 09-02 based on the 6 following findings and subject to the following conditions: Findings: ° 1. That the requested use is properly related to the site, surroundings and environmental g settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which 10 the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that based on the project's existing RLM (Residential Low- 11 Medium Density) General Plan Land Use designation, the City's Housing Policy Team (March 17, 2011) determined that either a total of 20 on-site or 24 offsite inclusionary housing units in the same quadrant (northeast) are required to be 13 provided in conjunction with the Dos Colinas project. With respect to the option to locate 20 lower income inclusionary units on-site, the applicant proposes to restrict 14 20 of the independent living (IL) units as lower income senior inclusionary units which will be rented at restricted affordable rates (i.e., 80% of the Area Median Income). The units will be evenly dispersed throughout the three proposed IL buildings, which meet the minimum code requirements. Further, the on-site inclusionary units will not be physically discernable from the standard IL units. 17 Therefore, it will be compatible with the professional care facility use and will not adversely impact the site surroundings or traffic circulation. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project exceeds all setbacks and is consistent with the lot size and lot 20 coverage requirements. One modification has been requested to the covered parking requirements for the independent living units. Specifically, while the 21 parking proposed for the independent living units satisfies the numerical parking standard (i.e., 1.5 spaces/ unit and 1 guest space per every 5 units), only 21 percent of the spaces are covered (i.e. 54-space underground parking garage for 166 units). 23 Staff has researched the parking requirements for similar projects in the community and determined that the proposed number of covered parking spaces for 24 the independent living units is comparable. Pursuant to CMC Section 21.53.120(b), less restrictive standards, including parking requirements, can be requested 25 provided the project is in conformity with the General Plan and adopted policies and goals of the city and would have no detrimental effect on public health, safety and welfare. As the project has been found to be consistent with the General Plan 27 and the proposed request to provide less covered parking would not affect the public's health, safety or welfare, the proposed modification to the covered parking 28 standards for the independent living units can be supported. PC RESO NO. 6831 -2- —^ That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 2 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the independent living unit buildings in which the 20 3 low- income inclusionary units will be located exceed all setbacks and are consistent with the lot size, and lot coverage requirements. As discussed in the Environmental Impact Report prepared for the project (EIR 09-01), a sound wall is required around the eastern perimeter of the development to mitigate the impacts associated with noise generated by College Boulevard to a less than significant level The 5 proposed wall will be decorative and screened with landscaping. In addition, open space, 60-foot-wide fuel modification zones and a number of detention basins provide a substantial buffer between the proposed project and the adjacent sensitive g habitat to the south (i.e. Agua Hedionda Creek riparian corridor). Landscaping is proposed around the perimeter as well which will soften any impacts associated 9 with grading the pad for development. 11 12 18 10 4. That the street systems serving the proposed use is adequate to properly handle all tiaffic generated by the proposed use, in that primary access to the professional care site, which includes 20 low-income-restricted independent living units, will be provided by two private signalized driveways located off of a new extension to College Boulevard, which is more specifically referred to as College Boulevard Reach "A". 13 College Boulevard is a major arterial road with 102-foot right-of-way with a raised median. As discussed in the EIR prepared for the Dos Colinas project (EIR 09-01), 14 the Average Daily Trips (ADTs) generated in association with the professional care ^2 facility do not result in any significant capacity-related impacts to any road segments or intersections. 16 The project is consistent with the Citywide Facilities and Improvements Plan, the Local 17 Facilities Management Plan for Zone 15 and all City public facility policies and ordinances. The project includes elements or has been conditioned to constract or provide funding to ensure that all facilities and improvements regarding sewer collection 29 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administrative facilities; and open space, related to the 20 project will be installed to serve new development prior to or concurrent with need. Specifically, 21 22 23 .. b. The Local Facilities Management fee for Zone 15 is required by Carlsbad Municipal 24 Code Section 21.90.050 and will be collected prior to issuance of building permit. 25 5. The Planning Commission of the City of Carlsbad does hereby find: 26 it has reviewed, analyzed and considered the Final Environmental Impact Report, 27 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for this project; the CEQA Findings; and the Mitigation Monitoring and Reporting 28 Program prior to RECOMMENDING APPROVAL of EIR 09-01; a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. b. the Final Environmental Impact Report, the CEQA Findings, and the Program 2 have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of 3 the City of Carlsbad; 4 5 13 16 26 they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 6 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 7 environment. o ° ^ The Planning Commission has reviewed each of the exactions imposed on the Developer g contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 10 degree of the exaction is in rough proportionality to the impact caused by the project. 11 Conditions 12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map. 14 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 15 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 17 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 18 conditions or seek damages for their violation. No vested rights are gained by Developer ^ ^ or a successor in interest by the City's approval of this Site Development Plan. 20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them 21 intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 22 different from this approval, shall require an amendment to this approval. 23 Developer shall comply with all applicable provisions of federal, state, and local laws and 24 regulations in effect at the time of building permit issuance. 25 4. If any condition for constmction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 2y 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 28 all requirements of law. PC RESO NO. 6831 -4- lO 4 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or 2 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 6 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 7 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 8 9 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 10 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 11 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 22 format (including any applicable Coastal Commission approvals). 13 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 15 Local Facilities Management Plan Amendment prior to the 14 issuance of building permits. " " This approval is granted subject to the certification, adoption, and approval of the 15 Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), CUP 09-02, HMP 17 09-02, and SUP 09-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6832, 6833, and 6834 for those other approvals incorporated herein by reference and the approval letter for MS 09-04 19 signed by the City of Carlsbad City Engineer. 18 20 10. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09- 01 Mitigation Monitoring and Reporting Program. 22 11. This approval shall become null and void if building permits are not issued for this project within eight (8) years of project approval. 23 12. Building permits will not be issued for this project unless the local agency providing 24 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 26 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Parcel Map. 27 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constraction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by PC RESO NO. 6831 -5- IA 25 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 2 Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 3 approval will not be consistent with the General Plan and shall become void. 4 5 7 11 14. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 5 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Environmental Impact Report, General Plan Amendment, Zone Change, Local Facilities Management Plan Amendment, Residential Mobile g Home Park Permit Amendment, Conditional Use Permit, Site Development Plan, Hillside Development Permit, Habitat Management Plan Permit and Special Use 9 Permit by Resolution(s) Nos. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833, and 6834 on the property. Said Notice of Restriction shall note the property description, 10 location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice 22 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13 15. Prior to the recordation of Phase 2 of MS 09-04, the Developer shall enter into an 14 Affordable Housing Agreement with the City to provide and deed restrict 20 senior 2 2 independent living units on-site or 24 inclusionary units offsite as affordable to lower- income households at 80% ofthe Area Median Income for 55 years, in accordance with 16 the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no 17 later than 60 days prior to the request to final the Parcel Map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 18 29 16. If the Developer pursues the option to satisfy the inclusionary housing requirement offsite (i.e. 24 units), the Developer shall constmct the required inclusionary units concurrent 20 with the development of the continuing care retirement community, unless both the final decision-making authority of the City and the Developer agree within an Affordable 21 Housing Agreement to an altemate schedule for development. Code Reminders: Fees 17. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by Council Policy No. 17. 22 23 24 25 26 18. Prior to the issuance of a building permit. Developer shall pay the Local Facilities 27 Management fee for Zone 15 as required by Carlsbad Municipal Code Section 21.90.050. 28 19. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 6831 -6- ^ General 2 20. Approval of this request shall not excuse compliance with all applicable sections of the 3 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 4 2 21. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the Califomia Building Code. 6 22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 7 Code Section 18.04.320. g 23. Any signs proposed for this development shall at a minimum be designed in conformance 9 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 10 " 11 NOTICE 12 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 13 "fees/exactions." 14 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 15 you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for 16 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 1 ^ annul their imposition. 18 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 19 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this 20 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 22 " 23 24 25 26 27 28 PC RESO NO. 6831 -7- A A 1 2 3 4 14 15 16 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on October 19, 2011, by the following vote, to wit: 2 AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher, Scully and Siekmann NOES: ABSENT: 6 7 8 9 ABSTAIN: 10 11 12 STEPHEN "HAP" L'HEUREUX, Chairperson 13 CARLSBAD PLANNING COMMISSION ATTEST: 17 DONNEU Planning Director 18 19 20 21 22 23 24 25 26 27 28 PCRFSONO 68^1 -.8. /tn ^ PLANNING COMMISSION RESOLUTION NO. 6832 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO ALLOW FOR THE 4 GRADING AND DEVELOPMENT OF A 46-ACRE SITE WITH 2 A 305-UNIT CONTINUING CARE RETIREMENT COMMUNITY AND RECREATIONAL VEHICLE STORAGE 5 AND GARDEN LOT ON PROPERTY GENERALLY LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON 7 ROAD, EAST OF EL CAMINO REAL, AND WEST OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH ^ "A" IN LOCAL FACILITIES MANAGEMENT ZONE 15. 9 CASE NAME: DOS COLINAS CASE NO: HDP 09-02 27 28 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified 10 11 ^2 application with the City of Carlsbad regarding property described as 13 That portion of Lot "B" of Rancho Agua Hedionda in the County of San Diego, State of California, According to Map 14 thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 2g ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Hillside 18 Development Permit as shown on Exhibits "A" - "J" (Hillside Development Permit) dated October 19, 2011, on file in the Carlsbad Planning Departinent, DOS COLINAS - HDP 09-02, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on October 19 , 2011, consider said request; and 19 20 21 22 23 24 WHEREAS, at said hearing, upon hearing and considering all testimony and 25 arguments, if, any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are trae and correct. j ^ ^ 1 2 B) That based on the evidence presented at the public hearing, the Commission APPROVES DOS COLINAS - HDP 09-02, based on the following findings 3 and subject to the following conditions: 4 Findings: That hillside conditions have been properly identified on the constraints map which show 5 existing and proposed conditions and slope percentages; 8 16 7 2. That undevelopable areas of the project, i.e., natural slopes over 40%, have been properly identified on the constraints map. The natural slopes exceeding a 40% gradient located within the Dos Colinas project area are isolated locations, less than 10,000 9 square feet in area, and do not compromise a prominent landform feature; therefore, the areas are developable. 10 3. That the development proposal is consistent with the intent, purpose, and requirements of 11 the Hillside Ordinance, Chapter 21.95, in that the proposed project would create j2 manufactured slopes at varied gradients (i.e., 2:1, 3:1, 5:1 and 6:1), up to 30 feet in height and 200 feet in length. The manufactured slopes would be contoured to 13 blend in with the surrounding area and would be landscaped consistent with the City's Landscape Manual to appear natural and aesthetically pleasing. Sensitive 14 upland habitat areas have been protected through the designation of an open space lot and long-term preservation via a biological conservation easement. In addition, 15 the architecture around the eastern perimeter of the project site is proposed to be low profile in nature since the cottages are all one-story. Further, each of the cottages is adequately setback from the top of the slope to ensure compUance with 17 the required slope edge building setbacks pursuant to CMC Section 21.95.120(1). While the development of the proposed CCRC site does not involve the creation of 18 slopes above 40 feet in height, the proposed project includes 8,567 cubic yards of grading per acre, which is typically considered "potentially acceptable." Due to the unique nature of the topography on-site, which includes two large hills located in 20 the central and eastern portions of the project site, as well as the fact a flat building pad/topographically level area is necessary to accommodate the proposed senior 21 professional care facility use, the grading can be justified. 22 4. That the proposed development or grading will not occur in the undevelopable portions 2^ of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the project has been designed to avoid the majority of the steep slope areas 24 that exceed a gradient of 40yo. The isolated pockets of steep slope areas exceeding 40% that are proposed for grading are considered "developable" since the slopes 25 amount to less than 10,000 square feet and do not comprise a prominent land form feature. 26 2j 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project has been designed to 28 locate the lower profile uses (i.e. single-story cottages) along the perimeter of the development where the manufactured slopes are proposed and the higher profile development (i.e. three story independent living unit buildings) is located a PC RESO NO. 6832 -2- ,/i7 19 significant distance from the street frontage. In addition, the manufactured slopes 2 will have varying gradients, will be contoured, and will be landscaped pursuant to the City's Landscape Manual, all of which have a combined effect of softening the 3 appearance of the graded slopes. 4 6. That the project design and lot configuration minimizes disturbance of hillside lands, in 2 that the lower profile development is located on the periphery of the project, sensitive native upland habitat is proposed for preservation on the open space lot, 5 and the setting with respect to grading has been established due to the anticipated construction of College Boulevard Reach "A," a major arterial road extension. 7 8 7. The Planning Commission of the City of Carlsbad does hereby find: 9 a. it has reviewed, analyzed and considered the Final Environmental Impact Report, 10 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for this project; the CEQA Findings; and the Mitigation Monitoring and Reporting 11 Program prior to RECOMMENDING APPROVAL of EIR 09-01; 1 9 b. the Final Environmental Impact Report, the CEQA Findings, and the Program 2 2 have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of 14 the City of Carlsbad; 15 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 16 27 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 18 environment. 19 8. The Planning Commission has reviewed each of the exactions imposed on the Developer 2Q contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 21 degree of the exaction is in rough proportionality to the impact caused by the project. 22 Conditions: 93 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 24 grading permit or recordation of a final map, whichever occurs first. 25 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 26 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or fiirther condition all certificates of occupancy 2g issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 6832 -3- f?6 27 1 conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Hillside Development Permit. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 15 16 4 5 6 .. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. 8 4. If any condition for construction of any public improvements or facilities, or the payment 9 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code 10 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 11 with all requirements of law. 12 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectiy, from (a) City's approval and issuance of this Hillside Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 18 survives until all legal proceedings have been concluded and continues even if the City's ^ ^ approval is not validated. 20 6. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting 21 Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), SDP 09-02, CUP 09-02, HMP 09-02, and SUP 09-02 and is subject to all conditions contained in Planning 22 Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6833 and 6834 for those other approvals incorporated herein by reference and the approval letter for MS 09-04 signed by the City of Carlsbad City Engineer. 24 Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09- 25 01 Mitigation Monitoring and Reporting Program. 8. Prior to the issuance of the building permit. Developer shall submit to the City a Notice 2y of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 28 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Environmental Impact Report, General Plan Amendment, Zone Change, Local Facilities Management Plan Amendment, Residential Mobile PC RESO NO. 6832 -4- / 2 / 6834 on the property. Said Notice of Restriction shall note the property description, 2 location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. 3 The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer 4 or successor in interest. 9. This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 15 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits or as more specifically defined 7 pursuant to LFMP 15(E). 8 10. This approval shall become null and void if building permits are not issued for this 9 project within eight (8) years of project approval. 10 Code Reminders: 11 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 12 23 11- Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 ofthe Carlsbad Municipal Code. 14 12. Approval of this request shall not excuse compliance with all applicable sections of the 15 Zoning Ordinance and all other applicable City ordinances in effect at time of building ^ g permit issuance, except as otherwise specifically provided herein. 17 NOTICE 22 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 18 19 20 ,. You have 90 days from date of final approval to protest imposition of these fees/exactions. If 21 you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 24 • You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 25 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 2g zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given 27 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 28 PC RESO NO. 6832 -5- l? Z 1 2 3 4 5 7 8 9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on October 19, 2011, by the following vote, to wit: 5 AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher, Scully and Siekmann NOES: ABSENT: 10 ABSTAIN: 11 12 13 ATTEST: DON NEU Planning Director 14 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6832 -6- 17^ ^ PLANNING COMMISSION RESOLUTION NO. 6833 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE 4 INCIDENTAL TAKE OF SPECIES OF CONCERN FOR THE DOS COLINAS PROJECT, ON PROPERTY GENERALLY LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF 6 CANNON ROAD, EAST OF EL CAMINO REAL, AND WEST OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD 7 REACH "A" IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: DOS COLINAS CASE NO: HMP 09-02 5 10 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as 11 12 That portion of Lot "B" of Rancho Agua Hedionda in the 13 County of San Diego, State of California, According to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 ("the Property"); and WHEREAS, the City of Carlsbad has received authorization to issue permits to impact various sensitive species and habitats, including species listed as Threatened or 14 15 16 17 18 29 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 20 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 21 and 22 23 24 25 25 consistency with the HMP; and 27 WHEREAS, said verified application by Developer constitutes a request for a 28 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter 21.210 of the Zoning Ordinance, on file in the Planning Department; and ^1 WHEREAS, the authority stated above is based on a plan titled Habitat Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 1 2 3 4 5 WHEREAS, the Planning Commission did on October 19, 2011, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 5 relating to the Habitat Management Plan Permit. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 8 Commission as follows: A) That the foregoing recitations are tme and correct. 9 10 „ B) That the DOS COLINAS project is consistent with the HMP as described in the 11 following findings. 12 C) That based on the evidence presented at the hearing, the Commission 13 APPROVES the Habitat Management Plan Permit, HMP 09-02, for DOS COLINAS based on the following findings and subject to the following 14 conditions: Findings: 15 16 .. That a majority of the Dos Colinas project is shown in Figure 28 of the approved HMP 17 as a "Proposed Standards Area." 18 2. That authorization to take of species of concem, through the take of 7.0 acres of 29 Extensive Agriculture (Group F), 0.6 acres of Disturbed Habitat (Group F) for Phase 1 (i.e. development of RV storage area) and <0.1 acres of Disturbed Valley 20 Needlegrass Grassland (Group B), 0.65 acres of Diegan Coastal Sage Scrub (Group D), 27.3 acres of Extensive Agriculture (Group F), 0.2 acres of Eucalyptus 21 Woodland (Group F) and 1.1 acres of Disturbed Habitat (Group F) for Phase II (i.e., 22 development of continuing care retirement community and offsite infrastructure improvements) is subject to continuous compliance with all provisions of the Habitat 23 Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and 24 Conditions of the Incidental Take Permit, and the Biological Opinion. 25 That authorization to take of species of concem is subject to continuous compliance with 25 all mitigation measures as stated in EIR 09-01, the Mitigation Monitoring & Reporting Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), SDP 09-02, CUP 09- 27 02, HDP 09-02, HMP 09-02, SUP 09-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833 and 6834 for those other approvals, including but not limited to recordation of PC RESO NO. 6833 -2- P^ 5 ^ conservation easements over all conserved areas and management and monitoring in 2 perpetuity by a qualified conservation entity. 3 4. The Planning Commission of the City of Carlsbad does hereby find: 4 a. it has reviewed, analyzed and considered the Final Environmental Impact Report, 2 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for this project; the CEQA Findings; and the Mitigation Monitoring and Reporting 6 Program prior to RECOMMENDING APPROVAL of EIR 09-01; ^ b. the Final Environmental Impact Report, the CEQA Findings, and the Program g have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of 9 the City of Carlsbad; 10 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 11 22 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 13 environment. 14 5. That authorization to take of species of concem is subject to continuous compliance with 2 2 the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened 15 and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 17 18 19 7. That the project design as approved by the City of Carlsbad has avoided and minimized 20 impacts to wildlife habitat and species of concem to the maximum extent practicable in that the continuing care retirement community (Parcel 1) observes a minimum 20- foot-wide upland habitat buffer (i.e., located in outer zone of 60-foot-wide fire 22 buffer) between the proposed development and the proposed Open Space habitat located on Parcel 3, sensitive upland habitat will be preserved in perpetuity on Lot 3 23 via a biological conservation easement, and mitigation measures have been proposed which prevent negative effects on the adjacent sensitive riparian habitat and the 24 proposed open space lot which include erosion control; landscaping restrictions; 22 fencing; signage; lighting restrictions; and predator and exotic species control. 25 8. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the fiature, consistent with the 27 HMP Implementing Agreement. 21 28 6. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to constmction and operation of the DOS COLINAS project. 9. That the incidental take of species of concem as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due PC RESO NO. 6833 -3- ^ to compliance with all of the above stated requirements, as well as ongoing monitoring 2 and reporting to the wildlife agencies and the public. 3 10. That the Planning Director is authorized to sign the Take Permit. 4 11. The Planning Commission hereby finds that all development in Carlsbad benefits from 2 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 5 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the 9 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastmcture that, in 10 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fiind implementation of the City's 11 Habitat Management Plan. 12 12. The Planning Commission has reviewed each of the exactions imposed on the Developer 13 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 14 degree of the exaction is in rough proportionality to the impact caused by the project. 7 8 Conditions: 15 16 .. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 17 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 18 revoke or modify all approvals herein granted; deny or further condition issuance of all 2^ fiiture building permits; deny, revoke or fiirther condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 20 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 21 or a successor in interest by the City's approval of this Habitat Management Plan 22 Permit. 23 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 24 make them intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed ^5 development different from this approval, shall require an amendment to this approval. 26 3. If any condition for constraction of any public improvements or facilities, or the payment 27 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 28 66020. If any such condition is determined to be invalid this approval shall be invalid PC RESO NO. 6833 -4- ^ unless the City Council determines that the project without the condition complies with 2 all requirements of law. 3 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 4 representatives, from and against any and all liabilities, losses, damages, demands, claims 2 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Habitat Management Plan 6 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until 9 all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 As a condition of this approval, applicant must comply with the requirements of all 11 regulatory agencies having jurisdiction over the project and any mitigation requirements 22 of the environmental documents for the project. Pursuant to Govemment Code section 65871 and Carlsbad Municipal Code Titie 20, Chapter 20.04, section 20.04.140 applicant 13 shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable 14 populations of certain species thereof, in accordance with the City's adopted Habitat J 2 Management Plan. 15 6. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting 17 Program, GPA 09-02, ZC 09-02, LFMP 15(E), SDP 09-02, CUP 09-02, HDP 09-02, and SUP 09-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6825, 6826, 6827, 6828, 6830, 6831, 6832 and 6834 for those other 2 9 approvals incorporated herein by reference and the approval letter for MS 09-04 signed by the City of Carlsbad City Engineer. 20 " 21 22 8. This approval shall become null and void if building permits are not issued for this 23 project within eight (8) years of project approval. 18 25 Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09- 01 Mitigation Monitoring and Reporting Program. 24 9. The filling in the floodplain associated with the non-essential infrastructure development for the Dos Colinas project (1.05 acres) shall be offset by the creation of additional floodplain area at a location to the satisfaction of the Planning 26 Director. Said location shall be designated on the grading plans (Phase II) and shall be created prior to the issuance of the building permits for the continuing care 27 retirement community (any component). ^8 10. The use of non-native, invasive plant species in landscaping proposed adjacent to Parcel 3 (i.e., open space lot/HMP preserve) and adjacent to any other HMP PC RESO NO. 6833 -5- /^^ preserve areas is prohibited. In addition, the irrigation in these areas shall be 2 controlled so as to minimize runoff into any adjacent preserve areas. This condition shall be placed on the landscape plan to the satisfaction of the Planning Director. 3 11. Preference shall be given to the use of local native seed for re-seeding in areas 4 proposed to be temporarily or permanently impacted. 12. Prior to issuance of a grading permit or clearing of any habitat for Phase II, whichever 5 occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lots which are being conserved for natural 7 habitat in conformance with the City's Habitat Management Plan: g a. Select a conservation entity, subject to approval by the City, which possesses qualifications to manage the open space lots for conservation purposes. 9 10 20 21 24 d. Record a Conservation Easement over the open space lot. e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lots in perpetuity. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in 2 2 perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. 12 c. Based on the results of the PAR, provide a non-wasting endowment or other financial 13 mechanism acceptable to the Planning Director and conservation entity, if any, in an 2^ amount sufficient for management and monitoring of the open space lots in perpetuity. 15 " 16 17 18 13. This project has been found to result in impacts to wildlife habitat or other lands, such as 19 agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 22 vegetation and animal species. The Developer is fiirther aware that the City has determined that all projects will be required to pay the fee in order to be found consistent 23 with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever 22 occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all 26 approvals for this project shall become null and void. 27 28 PC RESO NO. 6833 -6- /?9 1 2 3 4 7 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or g annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this 2 2 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 14 15 „ AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, 16 Schumacher, Scully and Siekmann PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on October 19, 2011, by the following vote, to wit: NOES: ABSENT: ABSTAIN: 17 18 19 20 21 22 STEPHEN "HAP" L'HEUREUX, Chairperson 23 CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6833 -7- /SO 5 8 ^ PLANNING COMMISSION RESOLUTION NO. 6834 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO CONSTRUCT 4 DRAINAGE IMPROVEMENTS, AN EMERGENCY ACCESS ROAD, RV STORAGE LOT AND GRADING TO SUPPORT THE NORTHERN CLUSTER OF COTTAGES AND AN 6 INDEPENDENT LIVING UNIT BUILDING OF A PROPOSED 305-UNIT CONTINUING CARE RETIREMENT COMMUNITY, 7 ON A 46-ACRE PROPERTY GENERALLY LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF EL CAMINO REAL AND WEST OF THE FUTURE 9 EXTENSION OF COLLEGE BOULEVARD REACH "A" IN LOCAL FACILITIES MANAGEMENT ZONE 15. 10 CASE NAME: DOS COLINAS CASE NO: SUP 09-02 11 22 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "B" of Rancho Agua Hedionda in the County of San Diego, State of California, According to Map thereof No. 823, filed in the Office of the County Recorder of 25 San Diego County, November 16,1896 15 19 20 21 22 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit Amendment as shovra on Exhibits "A" - "S" (Minor Subdivision Plans) dated October 19, 2011, on file in the Planning Department, DOS COLINAS - SUP 09-02, as provided by Chapter 21.110 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did on October 19, 2011, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit. 26 27 28 /SI 1 2 3 4 11 15 18 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are trae and correct. 2 B) That based on the evidence presented at the public hearing, the Commission APPROVES DOS COLINAS - SUP 09-02, based on the following findings and 5 subject to the following conditions: 7 Findings: g 1. The site is reasonable safe from flooding in that pursuant to the Hydraulic Analysis 9 prepared for the project (Lyle Engineering, Inc., May, 2010), the proposed project is designed to raise the pad elevations associated with the development of the RV 10 storage area, emergency access road, as well as a small portion of the north cluster of cottages and an independent living (IL) unit building, a minimum of two feet above the base flood elevation. In addition, a number of detention basins as well as 2 2 an offsite storm drain are proposed to channelize the floodwater. Therefore, the site will be reasonably safe from flooding. 13 The project as proposed has been designed to minimize the flood hazard to the habitable 14 portions of the stracture in that the habitable portions of the project currently located in the floodplain, specifically the northern cluster of cottages and an IL building, will be raised a minimum of two feet above the base flood elevation. As a result, the 15 proposed structures will not be located in the floodplain. 17 3. The proposed project does not create a hazard for adjacent or upstream properties or stractures in that a series of detention and hydromodification basins are proposed on- site which offset the floodplain volume lost by filling in the floodplain. In addition, the proposed hydromodification basins are sized to allow for increased percolation to ensure that runoff from smaller storm events are kept at pre-development 20 conditions. 21 4. The proposed project does not create any additional hazard or cause adverse impacts to 22 downstream properties or stractures in that a series of detention and hydromodification basins are proposed on-site which offset the floodplain volume lost by filling in the 23 floodplain. In addition, the proposed hydromodification basins are sized to allow for increased percolation to ensure that runoff from smaller storm events are kept 24 at pre-development conditions. 25 5. The proposed project does not reduce the ability of the site to pass or handle a base flood 26 of 100-year frequency in that the proposed detention basins and offsite storm drain ensure that the project will not reduce the ability of the site to handle a lOO-year 27 flood. 28 5. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot PC RESO NO. 6834 -2- f^A at any point in that pursuant to the Hydraulic Analysis prepared for the project (Lyle 2 Engineering, Inc., May, 2010), the proposed project will not increase the water surface elevation of the base flood more than one foot at any point. 3 4 5 6 it has reviewed, analyzed and considered the Final Environmental Impact Report, 7 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for this project; the CEQA Findings; and the Mitigation Monitoring and Reporting Program prior to RECOMMENDING APPROVAL of EIR 09-01; 26 7. All other required state and federal permits have been or will be obtained prior to commencement of construction. 8. The Planning Commission of the City of Carlsbad does hereby find: 8 9 . the Final Environmental Impact Report, the CEQA Findings, and the Program 10 have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of 11 the City of Carlsbad; 12 c. they reflect the independent judgment of the Planning Commission of the City of 13 Carlsbad; and 14 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission has reviewed each of the exactions imposed on the Developer 17 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 8 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 19 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 21 the final map or issuance of a grading permit, whichever comes first. 22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 22 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 24 revoke or modify all approvals herein granted; deny or fiirther condition issuance of all fiiture building permits; deny, revoke, or fiirther condition all certificates of occupancy 25 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 27 or a successor in interest by the City's approval of this Special Use Permit. 28 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit dociiment(s) necessary to make them PC RESO NO. 6834 -3- /^g intemally consistent and in conformity with final action on the project. Development 2 shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 4 regulations in effect at the time of grading permit issuance. ^ " If any condition for constraction of any public improvements or facilities, or the payment ^ of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 7 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 8 all requirements of law. 9 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 10 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 11 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 13 connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 14 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been 15 concluded and continues even if the City's approval is not validated. 16 This approval is granted subject to the certification, adoption, and approval of the 17 Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), SDP 09-02, HMP 18 09-02, and SUP 09-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6833 and 6834 for those other approvals incorporated herein by reference and the approval letter for MS 09-04 signed 20 by the City of Carlsbad City Engineer. 12 19 21 7. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09- 22 01 Mitigation Monitoring and Reporting Program. 23 8. This approval shall become null and void if building permits are not issued for this project within eight (8) years of project approval. 24 9. The filling in the floodplain associated with the non-essential infrastructure ^5 development for the Dos Colinas project (1.05 acres) shall be offset by the creation 2g of additional floodplain area at a location to the satisfaction of the Planning Director. Said location shall be designated on the grading plans and shall be created 27 prior to the issuance of the building permits for the professional care facility (any component) associated with CUP 09-02, Planning Commission Resolution No. 6830. 28 PC RESO NO. 6834 -4- A3^ 4 10. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 2 of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 3 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Environmental Impact Report, General Plan Amendment, Zone Change, Local Facilities Management Plan Amendment, Residential Mobile 2 Home Park Permit Amendment, Site Development Plan, Conditional Use Permit, Hillside Development Permit, Habitat Management Plan Permit and Special Use 6 Permit by Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833 and 6834 on the property. Said Notice of Restriction shall note the property description, ^ location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice 9 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 8 10 11 12 13 Engineering: 11. Prior to issuance of a Grading Permit, Developer shall apply for and receive approval of a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) related to the proposed project encroachments within the existing regulatory floodplain. Proof of CLOMR 24 approval shall be provided to the satisfaction of the city engineer. 15 12. Upon completion of project grading and prior to final occupancy for this development. Developer shall submit, process and receive approval of a Letter of 1 ^ Map Revision (LOMR) to document, with FEMA, the work has been accomplished. 2 y Proof of LOMR approval shall be provided to the satisfaction of the city engineer. 18 NOTICE 19 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 20 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions. 21 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 23 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 24 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 25 2g You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 27 zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 28 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6834 -5- i^D 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 October 19, 2011 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher, Scully and Siekmann STEPHEN^AP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6834 -6- The City of Carlsbad Planning Division EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: October 19, 2011 Application complete date: February 10, 2010 Project Planner: Shannon Werneke Project Engineer: Jeremy Riddle SUBJECT: EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09- 02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02 - DOS COLINAS - Request for a recommendation of certification of the Refined No Affordable Housing Site Altemative of a Final Environmental Impact Report, including the Candidate Findings of Fact and a recommendation of adoption of a Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, Local Facilities Management Plan Amendment, and Residential Mobile Home Park Permit Amendment; and a request for approval of a Conditional Use Permit, Site Development Plan, Hillside Development Permit, Habitat Management Plan Permit and Special Use Permit for the development of a 305-unit continuing care retirement community for seniors, including 58 cottages, 166 independent living units, 20 of which will be restricted as affordable units, a 81-room/95-bed assisted living/congregate care facility, and the relocation of the Rancho Carlsbad Estates recreational vehicle storage and garden area (from APN 168-050-36 to APN 209-060-70) on a 46-acre property generally located north of Sunny Creek Road, south of Cannon Road, east of El Camino Real, and west of the future extension of College Boulevard Reach "A," in Local Facilities Management Zone 15. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6825 RECOMMENDING that the City Council CERTIFY the Refined No Affordable Housing Site Altemative of the Final Environmental Impact Report (EIR 09-01), including the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolutions No. 6826, 6827, 6828 and 6829 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 09-02), Zone Change (ZC 09-02), Local Facilities Management Plan Amendment (LFMP 15E), and Residential Mobile Home Park Permit Amendment (RMHP 96-OlD) and ADOPT Planning Commission Resolutions No. 6830, 6831, 6832, 6833, and 6834 APPROVING a Conditional Use Permit (CUP 09-02), Site Development Plan (SDP 09-02), Hillside Development Permit (HDP 09-02), Habitat Management Plan Permit (HMP 09-02) and Special Use Permit (SUP 09-02), based on the findings and subject to the conditions contained therein. II. INTRODUCTION West Living R/E, LLC, has submitted an application for the development of a 305-unit continuing care retirement community (CCRC) for elderly residents as well as a request to relocate the existing Rancho Carlsbad Estates RV storage and garden area currentiy located at o Iil EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 2 APN 168-050-36 to the subject property. The Dos Colinas project site is located on a vacant 46- acre parcel in the northeast quadrant of the city (APN 209-060-70) and outside of the coastal zone. The property is generally located north and east of El Camino Real and south of Cannon Road. The project site's eastem boundary will ultimately be defined by the extension of College Boulevard Reach "A" which was previously analyzed and approved pursuant to the Final EIR for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4 & Detention Basins (EIR 98-04, SCH No. 99111082). A Draft Environmental Impact Report (EIR 09-01) was prepared for the Dos Colinas project and noticed for public review in November, 2010. As discussed in the Foreword to the Final EIR, as a result of comments received from the public on the Draft EIR with respect to the project's potential inconsistences with the Habitat Management Plan (HMP), staff is recommending implementation (with applicant concurrence) of the Refined No Affordable Housing Site Alternative, which is an environmentally superior altemative to the original project that is consistent with the HMP. Implementation of the Refined No Affordable Housing Site Alternative includes the following changes to the original Dos Colinas project which are reflected in the current project presented for consideration: • Elimination of an affordable housing site which was originally proposed to be developed at the northeast comer of Sunny Creek Road and College Boulevard (APN 209-060-68). As discussed in greater detail below (Project Description), in lieu of developing APN 209-060-68 with a multi-family affordable housing project, the applicant will have the option of restricting 20 of the independent living units on-site as lower-income inclusionary units or to purchase 24 units offsite in a combined inclusionary housing project in the northeast quadrant; and • Removal of all development on an equestrian property (APN 209-060-71) in which Agua Hedionda Creek is located. The combined result of eliminating the affordable housing site and removing development from the equestrian parcel, including an area located within the Agua Hedionda Creek floodplain, is an altemative which reduces the environmental impacts associated with the project. Pursuant to the Final EIR, the project has been reviewed for consistency with the Califomia Environmental Quality Act and no significant unmitigable impacts were identified. A Mitigation and Monitoring and Reporting Program (MMRP) has been developed for the Refined No Affordable Housing Site Altemative to the Dos Colinas project and staff is recommending adoption of the MMRP. As mitigated, designed, and conditioned, the project is consistent with all applicable standards and policies; thus, the applicable findings to approve the project can be made. HI. PROJECT DESCRIPTION AND BACKGROUND The project site consists of a 46-acre parcel of land which ranges in elevation from approximately 60 to 144 feet above mean sea level (MSL). Generally, the topography of the site is characterized by two large hills located within the central and eastem portions of the site and low-lying terrain located in the floodplain along the southem and northwestem boundaries of the site. Agua Hedionda Creek currently mns from east to west on a parcel adjacent to the southern boundaries of the project site and Little Encinas Creek rans from east to west on a parcel owned by Rancho Carlsbad to the north of the project site. The subject parcel is characterized as 13^ EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 3 undeveloped land comprised of native and non-native vegetation; large portions of the project site have been historically used for agricultural purposes. Land uses surrounding the property include a private recreation parcel developed with tennis courts and an RV storage area for the residents of the Rancho Carlsbad Estates community as well as Sage Creek High School, which is currently under constraction, to the north; vacant land approved pursuant to EIR 98-02 (SCH No. 99111082) for the development of the fiiture extension of College Boulevard Reach "A," two single-family residential subdivisions and a multi-family mixed income project (i.e., Cantarini Ranch and Holly Springs, EIR No. 02-02, SCH. No. 2002101081) to the east; the Rancho Carlsbad public golf course, an equestrian area, and Agua Hedionda Creek to the south; and Rancho Carlsbad Estates, a 504-iinit condominium mobile home park to the west. The project site has an existing General Plan Land Use designation of RLM (Residential Low-Medium Density, 0-4 dwelling units per acre) and OS (Open Space) and a zoning designation of L-C (Limited Control). The L-C zone is an interim placeholder zone for areas where development plans have not been formalized. The Dos Colinas project consists of the subdivision of the 46-acre site into three parcels which will be developed with the following land uses: professional care facility, RV storage and garden area for Rancho Carlsbad Estates, and open space. Each of the proposed land uses is described in greater detail below. In addition, as further discussed in Section I of the staff report, the applicant intends to phase the recordation of the tentative parcel map to facilitate the relocation of the existing RV storage area associated with the development of the extension of College Boulevard Reach "A" and Detention Basin "BJ." Parcel 1- Continuing Care Retirement Community Parcel 1 of Minor Subdivision (MS 09-04) is proposed to be developed with a 305-unit continuing care retirement community (CCRC) for elderly residents. The CCRC development is proposed to be located on a lot 35.31 acres in size and includes 58 detached single-story cottages, 166 apartment-style independent living (IL) units, and a 81-rooin/95-bed assisted living/Alzheimer facility. Pursuant to the Carlsbad Municipal Code, the units are classified as a professional care facility (CMC Section 21.04.295) as well as commercial living units (CMC Section 21.04.093). In general, a CCRC offers a continuum of care which includes housing and a wide range of medical, social and recreational services for seniors. As West Living, LLC, intends to maintain ownership and maintenance responsibilities for the community, the CCRC does not include a transfer of any real property or interest to the residents. Because there is no transfer of title in the form of real estate, there are no residential lots; instead, the residents enter into a contractual agreement which guarantees a certain level of service and health care for an extended period of time. Further, as a result of this arrangement, the CCRC does not come under the regulatory jurisdiction of the Califomia Department of Real Estate. West Living, LLC, proposes to develop a total of 166 independent living (IL) units, consisting of 59, one-bedroom and 107, two bedroom units. The IL units are intended to function as apartments and will include kitchens and laundry facilities. In order to comply with the city's inclusionary housing requirements (CMC Section 21.85), 20 of the 166 IL units are proposed to be restricted as low income affordable units and are designated as such on the project plans. As 39 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 4 an alternative, the applicant also has the option of providing 24 affordable units offsite by participating in a combined inclusionary housing project in the northeast quadrant; the inclusionary housing analysis is discussed in greater detail in Section E below. The IL buildings are proposed to be centrally located on the project site within three, three-story buildings. The buildings will be approximately 15-25 feet below the finished surface elevation of College Boulevard Reach "A" and setback a minimum of 100 feet from the street frontage. The IL buildings will have a combined floor area of 314,464 square feet and a maximum height of 35 feet (with non-habitable architectural projections up to 47 feet in height). Interior recreation amenities include a game room, wine bar, billiards, art studio, gym, salon/spa, theater, lounge, gift shop, and a computer/intemet area. In addition, a total of four recreation courtyards are proposed in between each of the wings (i.e., west side) of the IL buildings. The courtyards will be available for use by the IL and cottage residents. Amenities such as putting greens, a koi pond, bocce ball, a swimming pool and spa, picnic areas, outdoor garden area, as well as a greenhouse/gardening center will be provided. Each of the courtyards will be accessed by the residents of the cottages via a pedestrian promenade, which is located to the rear of the IL buildings. With the exception of emergency fire access, no vehicular access will be allowed throughout the promenade. A total of 81 assisted living (AL) units (total of 95 beds) will be located within one, two-story building, which will be detached from, and located south of the independent living unit buildings. The two-story AL building ranges in height from 27 to 30 feet (with architectural projections up to 37 feet in height) and has a floor area of 82,070 square feet. The AL building will be located approximately 5-10 feet below the finished surface elevation of College Boulevard Reach "A." A total of three courtyards are proposed for the AL units. Due to the nature of the care provided to the residents, the courtyards will only be available for use by the AL residents and will not be accessible from the exterior perimeter of the building, unless in the event of an emergency. Each courtyard will be landscaped and include seating areas. Interior amenities for the AL building include a library, arts and crafts room, a theater, as well as several living/sitting rooms. Parking for the IL and AL units will be provided by a 278-space surface parking lot and a 54- space subterranean parking garage located within IL Building #3. While reciprocal parking will exist between the independent and assisted living unit buildings, surface parking spaces are proposed directly adjacent to each ofthe buildings to provide convenient and accessible parking for the residents, guests, and employees of the community. A total of 58 single-story cottages, several of which will be attached to create duplexes, are proposed to be located in three clusters throughout the development (i.e., northem, southem, and westem clusters of cottages). The cottages will have a maximum height of 18 feet and range in size from 1,150 square feet to 1,650 square feet. A breakdown of the unit types is as follows: • 4, one bedroom/one bathroom + den • 11, two bedroom/two bathroom IA EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 5 • 13, two bedroom/two bathroom + den • 8, three bedroom/two bathroom • 22, one bedroom/one bathroom + den designed as duplexes (i.e., total of 11 duplexes) Parking for each of the cottages/duplexes will be provided by an attached two-car garage. In addition, a total of 20 guest parking stalls will also be provided and distributed throughout each cluster of cottages. A number of pocket parks, plazas, and open space with passive recreation will be provided throughout each cluster of cottages. The park and plaza near the northem cottage cluster would include a small amphitheater, fountain, seating areas, children's play stracture, flower gardens, trellis, fireplace, picnic tables, and a barbeque area. The open space with passive recreation near the southern cottage cluster would include a trellis, seating areas, a pedestrian walkway, fruit trees, and raised decorative planters. Primary access to the Dos Colinas site will be provided by two private, gated, and signalized driveways located off of a new extension to College Boulevard, which is more specifically referred to as College Boulevard Reach "A". While this extension is proposed to be constracted as part of the Zone 15 development, the impacts associated with the constraction of College Boulevard were previously-analyzed and approved pursuant to a separate Environmental Impact Report which was certified in 2001 (Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4 and Detention Basins EIR 98-02, SCH No. 99111082); therefore, the impacts associated with the constraction of this road have not been analyzed or mitigated as part of the Dos Colinas project. In addition, an emergency access driveway through the community which connects to Rancho Carlsbad Estates via Rancho Carlsbad Drive is proposed adjacent to the southem perimeter of the RV storage area. The emergency access driveway is intended to provide secondary access to College Boulevard for Rancho Carlsbad Estates. A private access road for the maintenance of offsite sewer improvements is also proposed in between the northem cluster of cottages and a proposed hydromodification basin. The private road will tie into Don Carlos Drive to the north, which is a private driveway located within the Rancho Carlsbad Estates recreation parcel. Intemal access throughout the site will be provided by a looped driveway located around the perimeter of the IL and AL buildings, with separate private roads/driveways proposed off of this road as well as interconnecting walkways for each of the cluster cottages. A pedestrian promenade with emergency fire access would be located to the rear of the IL buildings. The 28- foot-wide driveway would include enhanced asphalt concrete paving, areas of accent paving, entrance walkways, decorative street lights, and safety fencing. A looped driveway for the northem cluster of cottages which connects to the primary northerly driveway will also be provided. To further assist in meeting the daily needs of the residents. West Living will provide a daily shuttle service. Staffing for Dos Colinas will consist of approximately 180 "full-time equivalent" (FTE) employees. The facility will run a three-shift operation to provide 24-hour coverage and care for its residents. The largest shift will consist of approximately 80 people and will staff the community during the normal weekday period ("business hours"). During the evening shift, the number of employees onsite will drop to approximately 40 people, while approximately 20 will EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 6 work the overnight shift. Peak street traffic resulting from employees will occur around shift changes which are anticipated at 7:00 a.m., 3:00 p.m., and 11:00 p.m. Deliveries will typically include single unit tmcks and vans and are anticipated to occur on weekdays with a range of two to five deliveries per day, scattered throughout the day. Architecture for the cottages, as well as the IL and AL units incorporates a Spanish/Mediterranean theme and includes details such as an earth tone smooth trowel stucco, concrete "S" tile roofing, decorative comices, architectural towers, stone veneer accents, trellises, a wide variety of window fenestration with foam trim, as well as decorative railings and quatrefoils. As the existing topography includes two large rolling hills up to 60 feet in height located in the central and eastern portions of the project site, the proposed project includes grading which will create a flat building pad which is conducive for the development of a professional care facility for seniors. Grading for the project will be balanced on-site (i.e. no export or import of material) and will require a total of 583,280 cubic yards of cut and 583,280 cubic yards of fill. The project grading design incorporates contour grading as well as variable slope gradients. Manufactured fill slopes with a maximum height of 30 feet are proposed along the westem boundary (i.e. adjacent to cottages); a mixture of cut and fill slopes with maximum height of 20 feet are proposed along the eastem property line (i.e., adjacent to College Boulevard). Several large detention basins are proposed to address storm water and hydromodification requirements. The detention basins are primarily located along the project's westem perimeter and will be encumbered with open space easements. As discussed further in the staff report, grading within the floodplain is proposed to raise that portion of the RV storage area currently located within the floodplain (described below) as well as portions of the building pads for the development of the cottages and independent living unit buildings out of the Agua Hedionda Creek floodplain. To address noise mitigation requirements, a six-foot-tall masonry noise wall with a landscaped berm (up to four feet in height) is proposed along the eastem property line (i.e.. College Boulevard frontage). In addition, the noise wall is proposed to wrap around each of the entrances into the community as well as around the southem property line adjacent to the southern cluster of cottages for a distance of approximately 210 feet. To take advantage of views of Agua Hedionda creek to the south, the noise wall in this area of the site is proposed to be a combination of glass and masonry material. The masonry portion of the sound wall is proposed to have a decorative finish to complement the architecture in the community and will be enhanced with landscaping along the entire extent, including the College Boulevard frontage. Ultimately, the combination of the sound wall and landscaping will assist with screening the project from College Boulevard. Parcel 2- RV Storage/Garden for Rancho Carlsbad Estates Pursuant to a previously-certified Environmental Impact Report for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4 & Detention Basins (EIR No. 98-02, SCH No. 99111082), the existing RV storage area for Rancho Carlsbad Estates will be displaced by the constmction of Detention Basin "BJ", a required facility of the City's Drainage Master Plan as well as a required improvement pursuant to the Zone 15 Local Facilities Management Plan. As a result, the relocation of the existing RV storage area is required as mitigation (pursuant to EIR 98-02 and LFMP 15E) prior to the installation of Detention Basin "BJ." AA EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 7 . Because the Dos Colinas project includes the constraction of Detention Basin "BJ", the relocation of the RV storage lot, including a garden area, is included as a component of the project. Specifically, the existing RV storage and garden area for Rancho Carlsbad Estates is proposed to be relocated from a parcel (APN 168-050-36) currentiy located southeast of the intersection of College Boulevard and Cannon Road and northeast of the existing Rancho Carlsbad residential community, to proposed Parcel 2 (6.73 acres) of the Dos Colinas project. The size ofthe proposed RV storage area, exclusive of the garden, is 2.1 acres and is proposed to accommodate up to 64 recreational vehicle spaces and 6 passenger/visitor vehicle spaces. The Rancho Carlsbad community garden is a voluntary use which is not required to be incorporated as part of the mobile home park community pursuant to the Zoning Code; however, a 2.8-acre area for a garden has been included as part of the proposed RV storage relocation since it is an existing use which Rancho Carlsbad would like to retain. The RV storage and garden lot is proposed to be located along the northwestem boundary of the Dos Colinas CCRC project, adjacent to a detention basin located in between the RV site and the northem cluster of cottages. It will be located approximately 40 feet from the existing easterly property line for Rancho Carlsbad Estates and screened around the perimeter with a decorative wall ranging in height from six to eight feet as well as landscaping. The grading to support the new RV storage area would include the placement of approximately 5-6 feet of fill above the existing grade, a portion of which is currently located within the floodplain. The lot will be privately utilized by Rancho Carlsbad Estates and is intended to ultimately be owned and maintained by the residents of Rancho Carlsbad Estates. Therefore, primary access to the RV storage and the garden plots are proposed to be taken from Rancho Carlsbad Drive and Don Juan Drive, respectively, both of which are private roads located within Rancho Carlsbad Estates. Parcel 3- Preserved Open Space A 1.21-acre parcel, identified as Parcel 3, is proposed to be created to preserve existing native upland habitat and to provide an area for on-site habitat-based mitigation for the Dos Colinas project. The parcel is located along the southwestem boundary of the Dos Colinas project, adjacent to the Rancho Carlsbad golf course, as well as an equestrian property also owned by West Living, LLC. The proposed open space parcel will be encumbered with a biological conservation easement and will be preserved in perpetuity pursuant to the requirements of the Habitat Management Plan and Carlsbad Municipal Code. Offsite Infrastructure Improvements In order to develop the project, a number of offsite infrastmcture improvements are required: Storm Drain. Three offsite alignments are being considered for the construction of a permanent storm drain for the proposed project. The first option for the alignment of the storm drain would traverse in a southerly direction from the southem boundary of the professional care facility through the Rancho Carlsbad Estates golf course (APN 209-060-58) and terminate at Agua Hedionda Creek. The 2"'' altemative alignment for the storm drain would extend from the southwestem comer of the boundary of the professional care facility parcel, along Rancho Carlsbad Drive, and also terminate at Agua Hedionda Creek. The final altemative would locate 1^3 I > r EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02-DOS COLINAS October 19,2011 Page 8 the storm drain within existing infrastructure and would avoid the need for a streambed alteration agreement. While the third option is preferred, an approval from Rancho Carlsbad Estates is required. Sewer Improvements/Re-alignment of Access Road. The following improvements are proposed within the existing Rancho Carlsbad Estates recreation parcel located at the southwestem comer of Cannon Road and College Boulevard (APN 168-050-35): • Replacement and re-connection of a section of Don Carlos Drive which is anticipated to be eliminated as a result of the constraction of College Boulevard Reach "A"; • Constraction of a sewer outfall primarily within Don Carlos Drive extending from the Dos Colinas property to the project site property (oiitfall will cross Little Encinas Creek under the proposed rip-rap for the storm drain culvert crossing College Boulevard as analyzed and approved by EIR 98-02, SCH 99111082); and • Addition of five (5) paved resident parking spaces along the west side of Don Carlos Drive for the bocce ball and tennis courts, six (6) un-paved (decomposed granite) employee parking spaces on the east side of Don Carlos Drive, and a truck tum-around. Summarv of Project Applications The project includes the following legislative actions: • General Plan Amendment (GPA 09-02) to modify the existing General Plan Land Use Designation from Residential, Low-Medium Density (RLM) to Residential, Medium Density (RM) to accommodate the professional care facility as well as the RV storage and garden area and to modify the location of the existing Open Space (OS) designation at the southem boundary to preserve the native upland habitat; • Zone Change (ZC 09-02) from Limited Control to Residential Density Multiple (RD-M) for the professional care facility parcel. Residential Mobile Home Park (RMHP) for the RV storage and garden parcel, and Open Space (OS) for the upland habitat parcel; and The following discretionary applications are also required: • Local Facilities Management Plan Amendment (LFMP 15E) to reflect the new land use designations. • Residential Mobile Home Park Permit Amendment (RMHP 96-0ID) to adjust the boundaries of Rancho Carlsbad Estates to reflect the addition of the RV storage and garden parcel to the development; • Conditional Use Permit (CUP 09-02) for the professional care facility; • Site Development Plan (SDP 09-02) for the affordable housing component; • Hillside Development Permit (HDP 09-02) for the grading of hillsides > 15% gradient and an elevation differential greater than 15 feet; • Habitat Management Plan Permit (HMP 09-02) for the removal of sensitive upland habitat. The project site is also located in a Proposed Standards Area and Consistency Findings are required pursuant to the Habitat Management Plan; and • Special Use Permit (SUP 09-02) for development in the floodplain; The following administrative application is required: • Minor Subdivision (MS 09-04) to subdivide the existing lot into three parcels for the following land uses: professional care facility, RV storage/garden, and open space. EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19, 2011 Page 9 The table below summarizes the proposed permits and the final decision-making authority. PROJECT ADMINISTRATIVE PLANNING APPLICATION(S) APPROVAL COMMISSION CITY COUNCIL EIR 09-01 RA X GPA 09-02 RA X ZC 09-02 RA X LFMP 15(E) RA X RMHP 96-01(D) RA X CUP 09-02 X SDP 09-02 X HDP 09-02 X HMP 09-02 X SUP 09-02 X MS 09-04 X RA = Recommending Approval X = Final city decision -making authority IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards: A. Carlsbad General Plan Residential Medium Density (RM) and Open Space (OS) Land Use Designations; B. Residential Density-Multiple (RD-M), Residential Mobile Home Park (RMHP), and Open Space (OS) Zones (Chapters 21.24, 21.37, and 21.33 of the Carlsbad Municipal Code); C. Residential Mobile Home Park Amendment (Chapter 21.37 of the Carlsbad Municipal Code) D. Conditional Use Permits (Chapter 21.42 of the Carlsbad Municipal Code); E. Inclusionary Housing and Qualified Development Overlay Zone (Chapter 21.85 and Chapter 21.06 of the Carlsbad Municipal Code); F. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code); G. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code); H. Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal Code); I. Subdivision Regulations (Titie 20 of the Carlsbad Municipal Code); and J. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Local Facilities Management Plan Zone 15. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. "lA'j EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 10 A. Carlsbad General Plan Residential Medium Density (RM) and Open Space (OS) Land Use Designations The existing General Plan Land Use designation for the majority of the Dos Colinas project site is Residential Low-Medium Density (RLM). The RLM designation typically allows for low to medium density single-family residential development, with a maximum density of 4 dwelling units per acre. A small portion of the property located in the southeast comer (0.50 acres) is designated as Open Space (OS). The proposed project would re-designate a majority of the property from RLM to Residential Medium Density (RM) to allow for the development of the CCRC/professional care facility and RV storage and garden area. The implementing R-l zone for the RLM designation would not allow for the development of a professional care facility; therefore, the site is proposed to be re-designated to RM as the implementing RD-M zone allows for the development of a professional care facility with a Conditional Use Permit. As the units within the CCRC are classified as commercial living units, a density calculation is not required nor is an allocation of dwelling units from the city's Excess Dwelling Unit Bank. However, because the project entails a request to change the General Plan Land Use designation from RLM to RM and the proposed project has been determined to be non-residential, a, total of either 111 or 131 dwelling units will be deposited into the City's excess dwelling unit bank. This number varies as it is unknown at this time whether the applicant will satisfy the inclusionary housing requirements onsite (20 units) or offsite (24 units). The proposed amendment to change the General Plan Land Use designation from RLM to RM would be compatible with the adjacent RM General Plan Land Use designation for Rancho Carlsbad Estates, a 504-unit condominium mobile home park. The Residential Medium Density site will be located in close proximity to a major transportation corridor and the development will be appropriately setback from both the College Boulevard and adjacent sensitive habitat areas. Further, the lower scale component of the CCRC development, including the one-story cottages, as well as several large detention basins, will be located on the periphery of the development to serve as a buffer from the sensitive habitat. The RM designation for the RV storage and garden lot will be consistent with the RM designation for Rancho Carlsbad Estates in that the implementing RMHP zone allows for RV storage and garden accessory uses. The project applicant is also requesting to re-designate 1.21 acres located in the southeast comer of the property primarily vegetated with native upland habitat (i.e., mixture of disturbed Diegan coastal sage scrub, Diegan coastal sage scrub and small component of Extensive Agriculture) from RLM to Open Space (OS) so the area can be utilized for mitigation and preserved in perpetuity. As the area proposed to be preserved (1.21 acres) is equal to or greater in area as well as habitat value, than the existing 0.50-acre open space area (Extensive Agriculture and minor component of Eucalyptus Woodland) proposed to be re-designated from OS to RM and also located in the southeast comer of the property, the project is consistent with the Open Space and Conservation Element. In addition, the City's Habitat Management Plan (HMP) requires designation of the project's open space habitat preserve areas as Open Space (OS) on the General Plan Land Use and Open Space and Conservation maps concurrent with development. This action is consistent with the General Plan Open Space Element and is in accordance with the intent and purpose of the OS Zone to designate high-priority resource areas as OS at the time of development. EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 11 Table 1 below summarizes the changes to the General Plan Land Use designations. TABLE 1 - PROPOSED GENERAL PLAN LA ND USE DESIGNATIONS Existing General Plan Proposed General Plan Area (Acres) Proposed Land Use Parcel 1 RLM/OS (0.50 ac) RM 35.31 Cottages, IL & AL units, hydromodification/detention basins Parcel 2 RLM RM 6.73 RV storage and garden for Rancho Carlsbad Parcel 3 RLM OS 1.21 Preservation of sensitive upland habitat As discussed above, the project proposes the development of a professional care facility and an RV storage/garden area for the residents of Rancho Carlsbad Estates on separate lots, each proposed to be designated as RM. In addition, a 1.21-acre open space lot is proposed to be designated as OS to permanently preserve sensitive upland habitat Each of the uses is compatible and consistent with the intent of the proposed RM and OS General Plan Land Use designation. As demonstrated in Table 2 below, the project is in conformance with all of the General Plan objectives, policies, and programs. TABLE 2 - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use A City with neighborhoods that have a sense of community where the disabled and the elderly feel safe and comfortable traveling to daily destinations. The proposed continuing care retirement community (CCRC) will be privately-gated and will provide the elderly with a sense of community. In addition, a shuttle service will be provided to address the daily needs of the residents. Yes Land Use Provide for a variety of housing types. The CCRC provides a wide range of housing types for seniors including detached cottages, independent apartment-style living units, including lower income affordable units, and assisted living. Yes EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 12 TABLE 2 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Circulation Require new development to constmct roadway improvements needed to serve proposed development. The project will participate in the finance program to constract the core and frontage improvements for College Boulevard Reach "A" to provide access to the development. In addition, the project's internal circulation provides adequate access and complies with all applicable city design standards. Yes Noise Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL. The project proposes a noise attenuation wall along the project's street frontage to mitigate traffic noise associated with College Boulevard. In addition, the appropriate building materials will be required to ensure the interior noise standard is met. Yes Noise Discourage the use of noise walls in excess of 6 feet in height as mitigation for noise along Circulation Element roadways. The masonry portion of the proposed noise attenuation wall along College Boulevard, a Circulation Element roadway, will not exceed a height of 6 feet. Where a height of greater than 6 feet is required for sound attenuation, a landscaped berm has been utilized in combination with a 6-foot-tall wall to achieve the noise standards. Yes Ai9 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 13 TABLE 2 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Housing Provision of affordable housing The Dos Colinas project is required to either restrict 20 of the IL units on-site or 24 units offsite as lower income inclusionary units. The city's Housing Policy Team has determined that income- restricting 20 units on-site or purchasing 24 income-restricted units from another offsite combined inclusionary housing project will contribute towards achieving the city's Regional Housing Needs. Yes Open Space & Conservation Minimize environmental impacts to sensitive resources within the City. The project proposes to preserve 1.21 acres of primarily sensitive upland habitat as permanent open space and is consistent with the city's Habitat Management Plan. Yes Open Space & Conservation If open space areas are adjusted, the proposed open space shall be equal to or greater than the area depicted on the Official Open Space and Conservation Map The proposal to re-designate an existing 0.50-acre of Open Space characterized as Extensive Agriculture and Eucalyptus Woodland to RM will be replaced by an open space parcel 1.21 acres in size which is superior in biological value and contains sensitive upland habitat (i.e. primarily Diegan coastal sage scrub. Disturbed Diegan coastal sage scmb and Extensive Agriculture). In addition, the new open space parcel will also be contiguous to existing open space as shovra on the Official Open Space and Conservation Map. Yes EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19, 2011 Page 14 TABLE 2 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Open Space & Conservation Provide increased setbacks and establish greenways to create open space areas separating conflicting land uses. The project provides a 1.21 acre open space parcel as well as a number of large detention basins which serve as a land use buffer between the existing golf course/equestrian parcel/Agua Hedionda Creek and the proposed CCRC. In addition, the basins will provide a significant land use buffer between the proposed RV storage and CCRC site. Yes Open Space & Conservation Utilize Best Management Practices (BMPs) for control of storm water and to protect water quality. The project provides a number of large detention basins to appropriately treat the storm water before it enters the storm drains. In addition, the project will conform to all NPDES requirements. Yes Public Safety Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. The proposed project includes the construction of an emergency access driveway for Rancho Carlsbad Estates, which currently only has a single means of ingress and egress on the property. The Dos Colinas project also includes a number of fire hydrants and will be conditioned to ensure that adequate fire facilities will be provided on-site. Yes bA EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 15 TABLE 2 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Public Safety Review development proposals in the Airport Influence Area to ensure that design features are incorporated into proposed site plans which specifically address aircraft crash and noise hazards. The proposed project is located within Review Area 2 of the Airport Land Use Compatibility Plan (ALUCP) as well as the Overflight Notification Area. A mitigation measure has been included to require the recordation of an Overflight Notification Notice. In addition, pursuant to the ALUCP, the project is located outside of the 60 dB CNEL noise contour as well as the designated Safety Zones. Further, the FAA has issued a Part 77 clearance which determined that the proposed project does not cause any hazards with respect to air navigation Therefore, the proposed land use is compatible with the ALUCP. Public Safety A city which minimizes injury, loss of life and damage to property resulting from fire, flood, crime, hazardous material or seismic disaster occurrence. Portions of the Dos Colinas project site are located in the 100- year flood plain as well as the dam inundation zone. The project is processing a Floodplain Special Use Permit to ensure that flood flows are contained and will not adversely impact other properties. The proposed project will raise the RV storage area and a small area associated with the independent living units above the floodplain base elevations. In addition, to minimize the impacts from fire hazards, the Dos Colinas project includes a 60-foot wide fuel modification zone around the westem periphery of the CCRC development. Yes 1^1 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 16 B. Residential Density-Multiple (RD-M), Residential Mobile Home Park (RMHP), and Open Space (OS) Zones (Chapters 21.24, 21.37, and 21.33 of the Carlsbad Municipal Code) The project site is currently zoned Limited Control (L-C). The L-C designation is assigned to previously-annexed properties and is an interim zone for areas where plans for development have not yet been formalized. As part of this project, a zone change from L-C to Residential Density- Multiple (RD-M), Open Space (OS) and Residential Mobile Home Park (RMHP) is proposed. The RD-M designation will allow for the development of a professional care facility, which is a conditionally permitted use in the RD-M zone. The analysis for the conditional use permit is provided in Section D below. The OS designation will allow for the long-term preservation of upland habitat and the RMHP designation will allow for the RV storage and garden area that is currently located within the area proposed to be developed with Detention Basin "BJ" to be relocated to an area directly adjacent to the Rancho Carlsbad Estates community, which is also zoned RMHP. TABLE 3 - RD-M, RMHP, AND O S ZONE COMPLIANCE STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Lot Size RD-M: 10,000 sq. ft. minimum 35.31 acres Yes Lot Size RMHP: No minimum. 6.73 acres Yes Lot Size O-S: 0.50 acres (i.e. existing Open Space) 1.21 acres Yes Lot width RD-M: 60 foot minimum 2,353 feet at rear of front yard setback Yes Lot width RMHP: No minimum 1,141 feet Yes Lot Coverage RD-M: 60% maximum 17% Yes Building Height RD-M: 35 feet 18 to 35 feet (with permissible architectural projections proposed up to 47 feet for housing of elevators per CMC Section 21.46.020) Yes Setbacks RDM: Front: 20 feet Side: 5 feet Rear: 10 feet Front: 40' minimum for buildings and parking. Side: 32' minimum Rear: 65' minimum Yes /5A EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19, 2011 Page 17 TABLE 3 - RD-M, RMHP, AND O-S ZONE COMPLIANCE CONTIN UED STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Recreational Space N/A Active (i.e., pool, putting greens, etc.): 44,482 square feet (1.02 acres) Passive (pocket parks, plazas, courtyards, etc.): 82,247 square feet (1.89 acres) Yes Due to the uniqueness of the continuing care retirement community (CCRC), which includes three different senior living uses, parking for the proposed CCRC was determined by applying the following parking standards pursuant to the list of uses outlined in Table A of the Parking Ordinance (CMC Chapter 21.41): • Cottages: Housing for Senior Citizens (1.5 covered spaces per unit, 1 uncovered visitor space per every 5 units); • Independent Living Units: Housing for Senior Citizens (1.5 covered spaces per unit, 1 uncovered visitor space per every 5 units); and • Assisted Living: Professional Care Facilities (0.45 uncovered spaces/bed) Table 4 below provides a breakdown for each component of the project. TABLE 4- PARKING COMPLIANCE USE REQUIRED PROPOSED COMPLY Cottages 1.5 covered spaces/unit plus 1 guest space/5 units Yes North: 40 units North: 60 covered spaces/ 8 guest spaces North: 80 covered spaces (i.e. 2- car garage per unit)/10 guest spaces West: 9 units West: 14 covered spaces/ 2 guest spaces West: 18 covered spaces (i.e. 2- car garage per unit)/ 5 guest spaces South: 9 units South: 14 covered spaces/ 2 guest spaces Total: 100 spaces South: 18 covered spaces (i.e. 2- car garage per unit)/ 5 guest spaces Total: 136 spaces EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 18 . TABLE 4- PARKING CO] MPLIANCE CONTINUED USE REQUIRED PROPOSED COMPLY Independent Living Units: 166 units 1.5 covered spaces/unit plus 1 guest space/5 units Covered: 249 spaces Uncovered/guest: 34 spaces Total: 283 spaces Covered Spaces: 54 spaces (underground garage) (**please see discussion below) Uncovered: 235 spaces (open parking lot for guests and IL unit tenants) Total: 289 spaces Yes** (please see discussion below) Assisted Living Units: 95 beds (81 units) 0.45 spaces/bed (uncovered) 0.45(95)= 43 spaces 43 spaces (open parking lot) Yes TOTAL 426 468 Yes **As outlined in Table 4 above, while the parking proposed for the independent living units satisfies the numerical parking standard (i.e., 1.5 spaces/unit and 1 guest space per every 5 units), only 21 percent of the spaces are covered (i.e. 54-space underground parking garage for 166 units). Staff has researched the parking requirements for similar projects in the community and determined that the proposed number of covered parking spaces for the independent living units is comparable. Pursuant to CMC Section 21.42.140(A), modifications to the parking standards can be made since the minimum numerical requirement is satisfied. In addition, a daily shuttle service will be provided to address the daily needs for the tenants of the independent living units who are unable to drive or may not own a car. C. Residential Mobile Home Park Permit Amendment In addition to the Zone Change from L-C to RMHP for proposed Parcel 2 as described in Section B above, the proposed project also includes a request to amend the Residential Mobile Home Park Permit for Rancho Carlsbad (RMHP 96-01(D)) to reflect the expanded boundaries to accommodate the relocation of the existing RV storage and garden area. On January 28, 1997, the City Council approved a request, RMHP 96-01 (Resolution No. 97-44), to convert an existing 504-unit residential mobile home park, also known as Rancho Carlsbad, to condominium ownership. Included in the overall boundaries of the RMHP, was an existing RV storage and garden area located at the southeast intersection of College Boulevard and Cannon Road (APN 168-050-36). In November, 2001, the Final EIR for Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4 and Detention Basins (EIR 98-02, SCH No. 99111082) approved the constraction of an extension of College Boulevard, known as Reach "A", located in between EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 19 Cannon Road and El Camino Real as well as the constraction of Detention Basin "BJ." The existing RV storage and garden area is currently located where Detention Basin "BJ" is proposed to be constracted. Detention Basin "BJ" is identified as being required pursuant to EIR 98-02 as well as a Local Facilities Management Plan (LFMP) Zone 15 requirement. In addition, it is noted as being an anticipated improvement pursuant to the City's Drainage Master Plan. As discussed in EIR 98-02 and the LFMP for Zone 15, because Detention Basin "BJ" would displace Rancho Carlsbad's RV storage area, mitigation measures were required to ensure that the facilities would be relocated. Specifically, prior to the elimination of the existing 1.5-acre RV storage parking, the project applicant for Detention Basin "BJ" is required to secure a minimum 0.24-acre replacement site (exclusive of access roads) for RV storage parking for Rancho Carlsbad. The 0.24-acre minimum was established based on the minimum RV storage area required for the mobile home park, exclusive of any driveways. Because the Dos Colinas project includes the construction of Detention Basin "BJ," the relocation of the RV storage area is included in the scope of the project. Pursuant to EIR 98-02, the Rancho Carlsbad community garden is a voluntary use which is not required to be incorporated as part of the mobile home park community pursuant to the Zoning Code; therefore, there was not a mitigation measure included in EIR 98-02 which established a minimum area required to be relocated. However, as the garden area is an existing use which Rancho Carlsbad would like to retain, the request to amend the RMHP Permit includes a new area for a garden (2.81 acres) which is adjacent to the RV storage area. A separate parcel, 6.73 acres in size, is proposed to be created to accommodate both the RV storage and garden area. The RV storage is proposed to be located adjacent to the eastem boundaries of Rancho Carlsbad and access will be provided directly through the community. The proposed size of the RV storage, exclusive of any drive aisles or landscape pockets, is 0.87 acres; therefore, it exceeds the minimum 0.24-acre requirement. Once Phase 1 of the Final Map is recorded, the applicant intends to transfer ownership of the RMHP lot to Rancho Carlsbad. In addition, because Rancho Carlsbad has frontage along College Boulevard Reach "A," the frontage improvements (i.e. landscaping, walls, pedestrian sidewalk) along this area of frontage have been shown on the RMHP plans. The improvements will be required to be constracted in association with the development of the RMHP lot. The details for the conditions of the improvements are incorporated into the amendment to the Residential Mobile Home Park Permit (RMHP 96-01(D)). The applicant has met with the Rancho Carlsbad Owners' Association and its Negotiating Committee and the group is supportive of the location of the replacement RV storage site. The support of the Committee is outlined in a letter received in response to the Draft EIR. As the relocated area will comply with the minimum size of 0.24 acres outlined in the mitigation measures for EIR 98-02, is consistent with the General Plan as well as CMC Chapter 21.37 in that it is readily accessible and provides convenient access through Rancho Carlsbad, the request to amend the RMHP and expand the boundaries of the Rancho Carlsbad community to accommodate the RV storage lot and garden area can be supported. (55 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02-DOS COLINAS October 19,2011 Page 20 D. Conditional Use Permits (Chapter 21.42 of the of the Carlsbad Municipal Code) Pursuant to the RD-M zone, a conditional use permit (CUP) is required for a professional care facility. The proposed Dos Colinas professional care facility provides an altemative for the long- term residential, social, and health care needs of elderly residents. In addition, it provides a continuum of care which minimizes the trauma associated with a transfer from one setting to another. The facility also allows for the provision of social and health care services in an appropriate State-licensed setting. Conditional uses such as the proposed professional care facility possess characteristics of such unique and special form as to make impracticable to be included automatically in any land use classification. In granting a CUP, certain safeguards to protect the health, safety and general welfare of the public may be required as conditions of approval. Pursuant to Section 21.42 of the Carlsbad Municipal Code, CUPs may only be granted when the appropriate findings of fact can be made. Staff has reviewed the proposed project and found that all the necessary findings can be made to approve the Conditional Use Permit. The required findings and satisfaction of these findings are provided in Table 5 below. In addition, as discussed below, as well as in Section B and Table 4 above, a modification to the covered parking standards for the independent living units has been requested pursuant to CMC Section 21.42.140(A) and can be justified as the minimum numerical requirement is satisfied. In addition, a daily shuttle service will be provided to address the daily needs for the tenants of the independent living units who are unable to drive or may not own a car. Due to the conditional nature of CUP uses and the potential for future incompatibilities with surrounding permitted uses, an expiration date is typically assigned to the project wherein an extension would need to be submitted to continue the operation of the conditional use. Given the significant financial investment associated with the development of the Dos Colinas facility, the extent of the offsite improvements associated with this project, as well as the fact that the facility will be professionally-managed and maintained, staff is not recommending that the CUP have an expiration date. However, an annual review of the CUP will still be required to ensure compliance with the project conditions. Should any issues arise with respect to the enforcement of the conditions, the project can be referred back to the Planning Commission for fiirther action. EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 21 TABLE 5 - CONDITIONAL USE PERMIT FINDINGS FINDING PROJECT CONSISTENCY That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, including, if applicable, the certified Local Coastal Program, specific plan or master plan. The proposed professional care facility provides an altemative to the long-term residential, social, and health care needs of elderly residents. The facility, which includes a combination of detached cottages, independent apartment-style independent living units as well as assisted living, offers a continuum of care to minimize trauma associated with a transfer and allows for the provision of social and health care services in a licensed setting. As discussed within Table 2 of this report, the professional care facility is consistent with the Residential Medium Density (RM) General Plan Land Use designation in that it will provide the elderly with a sense of community. In addition, the project is consistent with the various elements and objectives of the General Plan in that the project permanently preserves sensitive upland habitat and includes the development of the core and frontage improvements for the extension of College Boulevard Reach "A," a prime arterial road pursuant to the Circulation Element. The constraction of College Boulevard Reach "A" would result in improved circulation infrastracture and will address the areas future needs. The project also proposes a noise attenuation wall along the entire College Boulevard street frontage to mitigate traffic noise. Finally, the General Plan recognizes the need and benefit for a variety of housing, including uses such as the proposed professional care facility for seniors as well as affordable housing. /J7 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 22 TABLE 5 - CONDITIONAL USE PERMIT FINDINGS CONTINUED FINDING PROJECT CONSISTENCY That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The proposed project, consisting of a comprehensively- planned professional care facility located on a 35.31-acre site, is located adjacent to the fiiture extension of College Boulevard to the east, a prime arterial road. The closest existing residential use to the proposed facility is Rancho Carlsbad Estates, an existing 504-unit senior condominium mobile home park to the west; however, because an RV storage/garden area for Rancho Carlsbad Estates, as well as a number of detentions basins are proposed in between the professional care facility and the community, there will be no direct interface between the existing and proposed uses. The proposed use is compatible with the existing uses in that it also serves the elderly, is located more than 700 feet away from the Rancho Carlsbad Estates community and the slopes supporting the site will be landscaped pursuant to the requirements of the city's Landscape Manual. In addition, the professional care facility is proposed to be located adjacent to an existing equestrian property as well as Agua Hedionda Creek to the south. A 60-foot-wide fuel modification zone as well as a 1.21-acre upland open space parcel will separate the proposed single-story cottages from the adjacent properties. Further, the proposed project will generate less traffic (i.e., 1,090 Average Daily Trips for professional care use) than if the project were to be developed consistent with the existing RLM General Plan Land Use designation (131 single family residential units, 1,310 Average Daily Trips). Finally, the professional care facility will not involve the use of hazardous materials in significant quantities, would not create excessive noise, or involve intensive or nighttime activities that would be detrimental to surrounding land uses. l6'6 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 23 TABLE 5 - CONDITIONAL USE PERMIT FINDINGS CONTINUED FINDING PROJECT CONSISTENCY That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. The 35.31-acre project site is adequate in size and shape to accommodate the proposed uses in that the project fits within the development envelope without the need for any significant modifications to the development standards of the Zoning Code. One modification has been requested to the covered parking requirements for the independent living units. Specifically, while the parking proposed for the independent living units satisfies the numerical parking standard (i.e., 1.5 spaces/ unit and 1 guest space per every 5 units), only 21 percent of the spaces are covered (i.e. 54-space underground parking garage for 166 units). Staff has researched the parking requirements for similar projects in the community and determined that the proposed number of covered parking spaces for the independent living units is comparable. Pursuant to CMC Section 21.42.140(A), modifications to the parking standards can be made since the minimum numerical requirement is satisfied. In addition, a daily shuttle service will be provided to address the daily needs for the tenants of the independent living units who are unable to drive or may not own a car. The project exceeds all additional development standards including setback, lot size, and lot coverage. As discussed in Table 2 of this report, a sound wall is required around the eastem perimeter of the development to mitigate the impacts associated with traffic noise generated by College Boulevard to a less than significant level. The proposed wall will be decorative and screened with landscaping. In addition, open space, 60-foot-wide fuel modification zones and a number of detention basins provide a substantial buffer between the proposed project and the adjacent sensitive habitat to the south (i.e. Agua Hedionda Creek riparian corridor). Further, the lowest intensity professional care use, single-story cottages, are located on the perimeter of the development, which provides an additional buffer between the adjacent sensitive habitat and the proposed two and three-story independent and assisted living buildings. Landscaping is proposed around the perimeter as well which will soften any visual impacts associated with grading the pad for development. Two loading facilities are proposed to be located along east elevations facing College Boulevard. The loading facilities are proposed to be enhanced/screened with a trellis and landscaping. In addition, the combination of the elevation difference between College Boulevard and the pad elevations for the AL and IL buildings, as well as the incorporation of a sound wall with landscaping screening will assist in fully screening the loading facilities from public view along the College Boulevard frontage. /5? EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 24 TABLE 5 - CONDITIONAL USE PERMIT FINDINGS CONTINUED FINDING PROJECT CONSISTENCY That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Primary access to the professional care site will be provided by two private signalized and gated driveways located off of a new extension to College Boulevard, which is more specifically referred to as College Boulevard Reach "A". College Boulevard is a major arterial road with 102-foot right- of-way and a raised median. While the core and frontage improvements are proposed to be constracted as part of the Dos Colinas project, the impacts associated with the constraction of College Boulevard were previously-analyzed and approved pursuant to a separate Environmental Impact Report which was certified in 2001 (Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4 and Detention Basins, EIR 98-02, SCH No. 99111082). As discussed in the EIR prepared for the Dos Colinas project (EIR 09-01), the Average Daily Trips (ADTs) associated with the professional care facility do not result in any significant capacity-related impacts to any road segments or intersections. E. Inclusionary Housing and Qualified Development Overlay Zone (Chapter 21.06 and Chapter 21.85 of the Carlsbad Municipal Code) The City's Inclusionary Housing regulations (CMC Chapter 21.85) require that a minimum of 15% of all proposed units in any residential project be restricted to lower income households. Based on the project's existing RLM (Residential Low-Medium Density) General Plan Land Use designation as well as the applicant's request for conversion of a residential land use to a commercial land use (i.e. commercial dwelling units/professional care facility), the city's Housing Policy Team (March 17, 2011) determined that either a total of 20 on-site or 24 offsite inclusionary housing units in the same quadrant (northeast) should be provided in conjunction with the Dos Colinas project; the applicant has agreed to comply with this request. The Inclusionary Housing Ordinance states that, whenever reasonably feasible, new inclusionary units should be built on the same development site. However, the Ordinance allows the City Council to approve an altemative to constmction of new units on-site, when it can be demonstrated by the developer that the altemative supports specific housing policies and goals and that the goals would be better served by allowing some or all of the inclusionary housing units associated with one project to be produced and operated at an altemative site. The resulting linked inclusionary project site is typically defined as a combined inclusionary housing project. The applicant's primary option is to restrict 20 of the independent living/apartment-style senior units as lower income inclusionary units which will be rented to seniors at the restricted affordable rates (i.e., 80% of the Area Median Income). Although the independent living units are characterized as being a component of the professional care facility, the Housing Policy Team has determined that the restriction of 20 units as lower income inclusionary units can qualify as affordable housing and, therefore, can contribute towards achieving the City's EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19, 2011 Page 25 Regional Housing Needs. Accordingly, the architectural plans for the Dos Colinas project identify the location and type (i.e. floor plan) of the independent living units which will be designated as inclusionary housing. As discussed above, the applicant also has the option to participate in an off-site combined inclusionary housing project. In the off-site scenario, the Housing Policy Team has determined that a total of 24 inclusionary units would be required. Implementation of either the on-site or off-site alternative will require proof in the form of written documentation of this participation in order to finalize the affordable housing agreement, which is required to be finalized prior to recordation of the Final Map. The affordable housing agreement is a standard requirement for all inclusionary housing projects. The approval of the applicant to develop or purchase credits from a combined inclusionary housing project is subject to City Council approval. In addition, pursuant to CMC Section 21.53.120, a Site Development Plan is required for an affordable housing project of any size. Further, the Site Development Plan shall be subject to the findings outiined in CMC Section 21.06.020 (Q Qualified Development Overlay Zone). The required findings are provided below. TABLE 6 - SITE DEVELOPMENT PLAN FINDINGS FINDING PROJECT CONSISTENCY That the requested use is properly related to site, surroundings, and environmental setting, is consistent with the various elements of the general plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site surroundings or traffic circulation. Based on the project's existing RLM (Residential Low- Medium Density) General Plan Land Use designation, the City's Housing Policy Team (March 17, 2011) determined that either a total of 20 on-site or 24 offsite inclusionary housing units in the same quadrant (northeast) should be provided in conjunction with the Dos Colinas project. With respect to the option to locate 20 lower income inclusionary units on-site, the applicant proposes to restrict 20 of the independent living (IL) units as lower income senior inclusionary units which will be rented at restricted affordable rates (i.e., 80% of the Area Median Income). The units will be evenly dispersed throughout the three proposed IL buildings, which meet the minimum code requirements. Further, the on-site inclusionary units will not be physically discernable from the standard IL units. Therefore, it will be compatible with the professional care facility use and will not adversely impact the site surroundings or traffic circulation. EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 26 TABLE 6 - SITE DEVELOPMENT PLAN FINDINGS CONTINUED FINDING PROJECT CONSISTENCY That the site is adequate in size and shape to accommodate the use. The 35.31-acre project exceeds all setbacks and is consistent with the lot size and lot coverage requirements. One modification has been requested to the covered parking requirements for the independent living units. Specifically, while the parking proposed for the independent living units satisfies the numerical parking standard (i.e., 1.5 spaces/ unit and 1 guest space per every 5 units), only 21 percent of the spaces are covered (i.e. 54- space underground parking garage for 166 units). Staff has researched the parking requirements for similar projects in the community and determined that the proposed number of covered parking spaces for the independent living units is comparable. Pursuant to CMC Section 21.53.120(b), less restrictive standards, including parking requirements, can be requested provided the project is in conformity with the General Plan and adopted policies and goals of the city and would have no detrimental effect on public health, safety and welfare. As the project has been found to be consistent with the General Plan and the proposed request to provide less covered parking would not affect the public's health, safety or welfare, the proposed modification to the covered parking standards for the independent living units can be supported. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. The independent living unit buildings in which the 20 low- income-restricted units will be located exceed all setbacks and are consistent with the lot size, lot coverage, and parking requirements. As discussed in the Environmental Impact Report prepared for the project (EIR 09-01), a sound wall is required around the eastem perimeter of the development to mitigate the impacts associated with traffic noise generated by College Boulevard to a less than significant level. The proposed wall will be decorative and screened with landscaping. In addition, open space, 60- foot-wide fuel modification zones and a number of detention basins provide a substantial buffer between the proposed project and the adjacent sensitive habitat to the south (i.e. Agua Hedionda Creek riparian corridor). Landscaping is proposed around the perimeter as well which will soften any impacts associated with grading the pad for development. ILp7 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 27 TABLE 6 - SITE DEVELOPMENT PLAN FINDINGS CONTINUED FINDING PROJECT CONSISTENCY That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Primary access to the professional care site, which includes 20 low-income-restiicted independent living units, will be provided by two private signalized driveways located off of a new extension to College Boulevard, which is more specifically referred to as College Boulevard Reach "A". College Boulevard is a major arterial road with 102-foot right-of-way with a raised median. As discussed in the EIR prepared for the Dos Colinas project (EIR 09-01), the Average Daily Trips (ADTs) generated in association with the professional care facility do not result in any significant capacity-related impacts to any road segments or intersections. F. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code) As the CCRC/professional care facility site contains hillside conditions that include slopes greater than 15 feet in height with a gradient equal to or greater than a 15% gradient, a Hillside Development Permit is required pursuant to the city's Hillside Development Ordinance (CMC Chapter 21.95). A majority of the site has a slope gradient of less than 25 percent. The south and westem portions of the site consist of relatively level, low-lying terrain (i.e., RV storage area), while two large hills with slopes primarily ranging from 15-40 percent and ranging in elevation from 59 to 144 feet above mean sea level (MSL) are located within the central and eastem portions of the site. A few small and isolated pockets of slopes in excess of 40 percent are located towards the southem end of the CCRC site (in the vicinity of the eastem/southem cluster of cottages and in between the IL and AL buildings). In order to create a flat building pad which is conducive to the proposed senior professional care use, extensive grading is proposed and includes a total of 583,280 cubic yards of cut and 583,280 cubic yards of fill; as the quantities are proposed to be balanced on-site, no export or import of material will be required. Pursuant to CMC Section 21.95.140(D), nonresidential projects such as the proposed professional care facility are not required to comply with the volume of grading and slope height requirements of the Hillside Development Regulations. However, nonresidential projects proposing grading between 8,000-10,000 cubic yards per acre or creating slopes in excess of 40 feet in height shall provide written justification for the proposed grading to the satisfaction ofthe decision-making body. While the development of the proposed CCRC site does not involve the creation of slopes above 40 feet in height, the proposed project includes 8,567 cubic yards of grading per acre, which is typically considered "potentially acceptable." Due to the unique nature ofthe topography on-site, which includes two large hills located in the central and eastem portions of the project site, as well as the fact a flat building pad/topographically level area is necessary to accommodate the proposed senior professional care facility use, the grading can be justified. The project has been designed to avoid the majority of the steep slope areas that exceed 40%. The largest steep slope area (i.e. 0.35 of 0.50 acres), located at the southwest comer of the site, is proposed to be preserved in perpetuity as it contains sensitive upland habitat. The steep slope EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 28 areas exceeding 40% on the CCRC site which are proposed to be graded are considered as "developable" since the slope area amounts to less than 10,000 square feet. The proposed project would create manufactured slopes at varied gradients (i.e., 2:1, 3:1, 5:1 and 6:1), up to 30 feet in height and 200 feet in length. However, the manufactured slopes would be contoured to blend in with the surrounding area and would be landscaped consistent with the City's Landscape Manual to appear natural and aesthetically pleasing. In addition, the .trchitecture around the eastern perimeter of the project site is proposed to be low profile in nature since the cottages are all one-story. Further, each of the cottages is adequately setback from the top of the slope to ensure compliance with the required slope edge building setbacks pursuant to CMC Section 21.95.120(1). G. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code) The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive program that identifies how the city, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the city. The HMP identifies the subject site as being located within Zone 15. In addition, with exception to a small area located within the southem portion of the lot, a majority of the site is located within a Standards Area. Standards Areas are undeveloped areas within the city which have not been designated as hardline conservation areas (i.e. properties which are preserved in perpetuity), but have conservation potential; therefore, goals and standards have been established in Zone 15 which apply to development proposals such as the Dos Colinas project. The project site is not located within any designated habitat corridors or linkages areas. Pursuant to the HMP, the habitat conservation planning (i.e. conversion from standards area to hardline) requires the processing of Consistency Findings, which are also generally referred to as "HMP findings." The HMP Findings analyze a project's consistency with the standards outlined in each zone. The HMP findings for the proposed project can be found within Appendix K2B of the Final EIR. Pursuant to CMC Chapter 21.210, a Habitat Management Plan Permit is required for any development project which indirectly or directly impacts natural habitat. As discussed within the Final EIR, with the incorporation of mitigation measures and compliance with the HMP, the Habitat Management Plan Permit (HMP 09-02) can be supported. In addition, because a majority of the project site is located within a proposed Standards Area, concurrence from the Califomia Department of Fish and Game and the U.S. Fish and Wildlife Service is required. Pursuant to the Final Environmental Impact Report (EIR 09-01) prepared for the Dos Colinas project, specifically within Section 6.4 (Refined No Affordable Housing Site Altemative) as well as the biological resources report (Merkel & Associates, Addendum dated July 26, 2011), the project site is vegetated with a total of eight different habitat types, but is dominated by extensive agriculture (35.2 acres), with a moderate amount of unoccupied Diegan coastal sage scmb (1.7 acres) located on the hillsides throughout the northeastem and westem part of the study area. No wetlands are located on the property; however, one wetland community (i.e. coastal valley and freshwater marsh) and two non-wetland resources are located within the study area boundary (i.e. in vicinity of offsite infrastracture improvements). These resources are associated with Agua Hedionda Creek as well as an unnamed tributary to the creek which generally flow from east to west on a parcel adjacent to the southem boundary of the project site. In addition. Little EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 29 Encinas Creek is located on a parcel located adjacent to the northem property line. Table 7 below summarizes the existing habitat types located within the study area. TABLE 7 - SUMMARY OF HABITAT/VEGETATION COMM1 UNITIES Vegetation Community Onsite Offsite Total Coastal Valley and Freshwater Marsh 0.0 <0.1 <0.1 Disturbed Valley Needlegrass Grassland <0.1 0.0 <0.1 Diegan Coastal Sage Scrub 0.0 1.7 1.7 Extensive Agriculture 35.2 0.1 35.3 Extensive Agriculture-Sycamore Grove 0.2 0.0 0.2 Eucalyptus Woodland 0.1 <0.1 0.2 Disturbed Habitat 2.0 0.1 2.1 Urban/Developed 1.8 1.2 3.0 Total 41.1 1.5 42.6 While no impacts to any wetiand communities are proposed, permanent and temporary impacts to upland vegetation communities would result from the proposed project. Therefore, an HMP permit and HMP Consistency Findings are required. In particular, impacts to disturbed valley needlegrass grassland (<0.1 acre of impact) and Diegan coastal sage scrab (0.6 acres of impact) are considered significant and require mitigation measures to be implemented to reduce the impacts to a less than significant level. Table 8 below summarizes the permanent impacts associated which each vegetation community. TABLE 8 - SUMMARY OF PERMANENT HABITAT IMPACTS Vegetation Community Total Acres' Proposed Project - Permanent Impacts (acre) Vegetation Community Total Acres' Initial Phase Second Phase Project Impact Total Vegetation Community Total Acres' RV Parking/ Garden Parcel Planned Senior Comm. Storm Drain Channel Sewer Access Rd Total - Second Phase Project Impact Total Coastal and Valley Freshwater Marsh <0.1 0.0 0.0 0.0 0.0 0.0 0.0 Disturbed Valley Needlegrass Grassland <0.1 0.0 <0.1 0.0 0.0 <0.1 <0.1 Diegan Coastal Sage Scrab 1.7 0.0 0.6 0.0 0.0 0.6 0.6 Extensive Agriculture 35.3 7.0 27.2 0.0 0.1 27.3 34.3 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 30 TABLE 8 - SUMMARY OF PERMANENT HABITAT IMPACTS CONTINUED Vegetation Community Total Acres' Proposed Project - Permanent Impacts (acre) Vegetation Community Total Acres' Initial Phase Second Phase Project Impact Total Vegetation Community Total Acres' RV Parking/ Garden Parcel Planned Senior Comm. Storm Drain Channel Sewer Access Rd Total - Second Phase Project Impact Total Extensive Agriculture - Sycamore Grove ^ 0.2 0.0 0.0 0.0 0.0 0.0 0.0 Eucalyptus Woodland 0.2 0.0 0.1 0.0 <0.1 0.2 0.2 Disturbed Habitat 2.1 0.6 1.1 0.0 <0.1 1.1 1.7 Urban/ Developed 3.0 1.0 0.1 <0.1 0.3 0.4 1.4 Total ^: 42.6 8.6 29.1 <0.1 0.4 29.6 38.3 ' The total acreage is representative of t he cumulative total for onsite and offsite habitat, wl lich is associated with the infrastructure improvements within the study area boundary (excluding College Boulevard). ^ This community does not meet any of the three wetland parameters and does not function as a wetland habitat; rather it functions as an element of the surrounding habitat and thus, has been identified as extensive agriculture. ^ Acreages have been rounded to the tenths. As discussed within EIR 09-01, project mitigation for impacts to disturbed valley needlegrass grassland would consist of on-site habitat-based mitigation within proposed Parcel 3 (i.e. proposed Open Space lot). Parcel 3 is a 1.21-acre site located along the westem boundary of the Dos Colinas site that currently supports Diegan coastal sage scrab (0.95 acres), disturbed coastal sage scrub (0.13 acres) and extensive agricultural lands (0.13 acres). Mitigation would occur on- site through the removal of non-native habitat, replacement with native habitat as well as long term conservation of the 1.21-acre parcel. Consistent with the requirements of the HMP, the long term conservation of the property would be achieved by encumbering the lot with a biological conservation easement as well as the implementation of a preserve management plan. This action would convert the Standards Area to a Hardline Conservation Area. The remaining impacts to on-site upland habitat can be mitigated through the payment of in-lieu habitat mitigation fees. In addition to on-site impacts associated with the development of the continuing care retirement community as well as the RV storage area, there is also the potential for offsite impacts associated with the installation of the storm drain (392 sq. ft. or 0.01-acre), which is proposed to be located either within the Rancho Carlsbad Estates golf course or within the existing roadway through Rancho Carlsbad Estates and tie in to the streambed for Agua Hedionda Creek. A total of three alignments/options have been analyzed in the Final EIR; depending on which alignment is pursued, waters regulated as streambank by the Califomia Department of Fish and Game EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 31 (CDFG) may be impacted. Accordingly, a mitigation measure has been included to require the development of a 1602 Streambed Alteration Agreement with the CDFG. Pursuant to the Zone 15 standards, fill is prohibited within the existing floodplain except when required for the development of Circulation Element roads. Drainage Master Plan facilities, or other essential infrastracture. Any fill not associated with essential infrastracture is required to be adequately offset. As discussed within the Project Description, portions of the Dos Colinas project site are located within the floodplain. Specifically, filling in the floodplain is necessary for the relocated RV storage lot (2.34 acres, essential infrastmcture), emergency access road (0.55 acres, essential infrastructure) and a small area of the professional care facility (1.05 acres, nonessential infrastructure). Staff has determined that 2.89 acres of the 3.94 acres is associated with essential infrastracture. In order to offset the balance (1.05 acres), the applicant has proposed to count the floodplain creation associated with the constraction of Detention Basin "BJ", which is required in conjunction with the development of College Boulevard. As an altemative, the applicant proposes to create additional floodplain area on the adjacent equestrian property in which Agua Hedionda Creek is located. Staff supports either of these alternatives and the HMP permit has been accordingly-conditioned to address this requirement. The detailed analysis substantiating this HMP finding can be found in Appendix K2B of the Final EIR. Pursuant to the biological resources report prepared for the project, no sensitive animals were identified at the project site. However, because HMP-covered species, specifically the least Bell's vireo and the Cooper's hawk, were located in the vicinity of the project site, mitigation measures are proposed to address the potential for direct and indirect impacts. Permanent impacts to California adolphia, a Califomia Native Plant Society (CNPS) List 2 species would be incurred as a result of constraction of the planned senior community. CNPS List 2 species are plants that are determined rare, threatened, or endangered in Califomia, but more common elsewhere per CNPS. In total, approximately 25 Califomia adolphia plants would be removed as a result of the CCRC. Due to the large population within the southwestem comer of the CCRC development, the study area supports far greater than 150 individuals. The onsite community is not expected to represent a regionally significant population and the loss of approximately 25 plants is not expected to have the potential to "cause a wildlife population to drop below self- sustaining levels; threaten to eliminate a plant or animal community; or substantially reduce the number or restrict the range of an endangered, rare or threatened species," and thus would not be significant pursuant to CEQA. H. Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal Code) The westem half of the project site, primarily in the area of the proposed RV storage, emergency access road, and a small area associated with the development of the north cluster of cottages and independent living units, is located within Zone AE of the Flood Insurance Rate Map No. 06073C0768F, dated June 19, 1997. Zone AE is a special flood hazard area inundated by the 100-year flood associated with the adjacent Agua Hedionda Creek to the south and west, with base flood elevations determined to range from 60 to 74 feet above mean sea level (MSL). The project proposes to raise each of the above-referenced areas out of the floodplain a minimum of two feet above the base flood elevation. EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 32 As the project proposes development in the flood plain, a Special Use Permit is required pursuant to CMC Chapter 21.110. The SUP is required to ensure that the public health, safety, and welfare are protected and to minimize public and private losses due to flooding. The required findings are discussed below. TABLE 9 - FLOOD PLAIN SPECIAL USE PERMIT FINDINGS FINDING PROJECT CONSISTENCY The site is reasonably safe from flooding As discussed in the Environmental Impact Report (EIR 09-01) as well as the Hydraulic Analysis prepared for the project (Lyle Engineering, Inc., May, 2010), the proposed project is designed to raise the pad elevations associated with the development of the RV storage area, emergency access road, as well as a small portion of the north cluster of cottages and an independent living (IL) unit building, a minimum of two feet above the base flood elevation. In addition, a number of detention basins as well as an offsite storm drain are proposed to channelize the floodwater. Therefore, the site will be reasonably safe from flooding. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the stracture. As discussed above, the habitable portions of the project currently located in the floodplain, specifically the northern cluster of cottages and an IL building, will be raised a minimum of two feet above the base flood elevation. As a result, the proposed stractures will not be located in the floodplain. The proposed project does not create a hazard for adjacent or upstream properties or stractures. The proposed project does not create a hazard for adjacent or upstream properties in that a series of detention and hydromodification basins are proposed on-site which offset the floodplain volume lost by filling in the floodplain. In addition, the proposed hydromodification basins are sized to allow for increased percolation to ensure that runoff from smaller storm events are kept at pre- development conditions. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or stractures. The proposed project does not create a hazard to downstream properties in that a series of detention and hydromodification basins are proposed on-site which offset the floodplain volume lost by filling in the floodplain. In addition, the proposed hydromodification basins are sized to allow for increased percolation to ensure that runoff from smaller storm events are kept at pre-development conditions. /, I LP A EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 33 TABLE 9 - FLOOD PLAIN SPECIAL USE PERMIT FINDINGS CONTINUED FINDING PROJECT CONSISTENCY The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency. The proposed detention basins and offsite storm drain ensure that the project will not reduce the ability of the site to handle a 100- year flood. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point. As discussed in EIR 09-01 as well as the Hydraulic Analysis prepared for the project (Lyle Engineering, Inc., May, 2010), the proposed project will not increase the water surface elevation of the base flood more than one foot at any point. All other required state and federal permits have been obtained. The proposed project is conditioned to obtain all necessary permits prior to issuance of the grading permit for development. I. Subdivision Regulations (Title 20 of the Carlsbad Municipal Code) The proposed project entails a request for a minor subdivision (MS 09-04) to subdivide an existing 46-acre parcel into three (3) lots. In order to facilitate the relocation of the existing RV storage and garden area currently located at APN 168-050-36, the applicant intends to record the map in two phases (i.e. units). The Land Development Engineering Division has reviewed the proposed minor subdivision and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act as well as the Subdivision Ordinance (Title 20). All minor subdivision design criteria have been complied with, including the provisions for public access, required street frontage, and minimum lot area. The Land Development Engineering Division will take action on the Minor Subdivision application subsequent to the City Council's action on the project. The project is required to install all infrastracture improvements concurrent with the development. The developer will be required to offer various dedications (e.g., drainage and sewer easements, street right-of-way for College Boulevard, etc.) and will be responsible for a number of public and private improvements including, but not limited to, the constraction of the core and frontage improvements (i.e., curb, gutter, sidewalks) for College Boulevard Reach "A" and a number of detention basins. In addition, the project has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the Califomia Regional Water Quality Control Board as well as the City of Carlsbad Municipal Code. Iip9 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 34 J. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Local Facilities Management Plan Zone 15. Pursuant to the reqiiirements of the Growth Management Ordinance, Chapter 21.90 of the Municipal Code, a Local Facilities Management Plan (LFMP) was approved for Zone 15 in April, 1990. The LFMP has been periodically amended since the adoption of the plan to address development and land use changes within the zone. To reflect the proposed change in the General Plan Land Use designation from RLM to RM for the Dos Colinas project, a Local Facilities Management Plan Amendment (LFMP 15E) was submitted. As discussed in the Final EIR prepared for the Dos Colinas project, the facility demands of the build out of Local Facilities Management Zone 15 were based on a projection of future development within the zone. Specifically, a total of 3,008 dwelling units were originally projected to be constracted within the Zone. Including the proposed General Plan land use changes associated with the Dos Colinas project, which results in an increase in the number of potentially allowable residential units for the site (i.e. 131 units to 246 units), the current future dwelling unit projection for LFMP 15 is 2,477 units. This number is lower than the originally anticipated future dwelling unit projection of 3,008 units as several large parcels of land in Zone 15 have either been converted to open space for habitat conservation purposes (i.e. Carlsbad Highlands property, sale of portion of Holly Springs to the State Wildlife Conservation Board) or projects have been approved at a density which is lower than what was originally anticipated (i.e. Cantarini Ranch/Holly Springs). As a result, the current base residential projection of 2,477 dwelling units and the corresponding population is less than what was originally anticipated. As described in EIR 09-01, the project will be in compliance with the required performance standards set forth in the zone by satisfying the general and special conditions listed in the LFMP. The project's facility impacts are summarized in Table 10 below. TABLE 1 0 - GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE W/STANDARDS City Administration 1,060 sq. ft. Yes Library 565.6 sq. ft. Yes Waste Water Treatment 67,100 gpd Yes Parks N/A No park fees required due to senior professional care use Drainage 193.7 cfs Yes Circulation 1,090 ADTs Yes Fire Station #3 and #5 Yes Open Space 1.21 acres Yes Schools N/A No school fees required due to senior professional care use Sewer 305 EDU Yes Water . 167,750 gpd Yes As identified in the Public Services Section of EIR 09-01, all facilities to serve the project are adequate and no significant impacts have been identified with public facilities. Due to the nature of the proposed professional care use (i.e. commercial dwelling units), a dwelling unit allocation from the city's Excess Dwelling Unit Bank is not required. However, because the project entails EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 35 a request to change the General Plan Land Use designation from RLM to RM and the proposed project has been determined to be non-residential, a total of either 111 or 131 dwelling units will be deposited into the City's excess dwelling unit bank. This number varies as it is unknown at this time whether the applicant will satisfy the inclusionary housing requirements onsite (20 units) or offsite (24 units). V. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) was prepared for the project in accordance with the Califomia Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures (Titie 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary and legislative applications for the proposed project. To determine the scope and content of environmental issues to be addressed in the EIR, city staff issued a Notice of Preparation (NOP) on November 21, 2009, distributing it to all Responsible and Tmstee Agencies, as well as other agencies and members of the public. A total of nine written responses were received from various public agencies and residents in the community. In order to increase opportunities for public input. City staff also held a public scoping meeting on December 10, 2009. Notices of the scoping meeting were sent to all property owners within a 600-foot radius ofthe project boundaries as well as being published in the newspaper. Members ofthe public were invited to ask questions regarding the proposed project and the environmental review process, and to comment in writing on the scope and content of the EIR. Written comments received during the 30-day review period for the NOP are included as Appendix A of the Final EIR. After consideration of the foregoing, city staff developed a detailed scope of work for the EIR. The EIR analyzed the following areas of potential environmental impact: 1) Land Use 2) Transportation/Circulation 3) Air Quality 4) Greenhouse Gas Emissions 5) Noise 6) Biological Resources 7) Cultural Resources 8) Geology/Soils 9) Paleontological Resources 10) Hazardous Materials and Hazards 11) Grading and Aesthetics 12) Hydrology/Water Quality 13) Population/Housing 14) Public Services and Utilities Additionally, the Draft EIR included other sections required by CEQA such as an Executive Summary, Project Description, Project Alternatives, Cumulative Impacts, Growth Inducing Impacts, Significant Irreversible Environmental Changes, Unavoidable Significant Environmental Impacts, and Effects Not Found to Be Significant. nl EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 36 The Draft EIR was made available for public review through the issuance of a Notice of Completion, which established a comment period of 45 days, extending from September 27, 2010 through November 10, 2010. In addition, the Draft EIR was available for public review on the City's website and complete copies were also available for purchase, with or without the Appendices, through the Planning Division. Comments from all public agencies, organizations, and individuals via mailings and newspaper publications were solicited on the information contained within the Draft EIR. A total of 12 comment letters were submitted. Among the comment letters received was a joint letter from Califomia Department of Fish and Game and the U.S. Fish and Wildlife Service (collectively referred to as "wildlife agencies") on November 10, 2010, and a letter from Preserve Calavera on November 5, 2010. Responses were prepared for each ofthe letters and are included in the Final EIR. The response letters were also mailed to the between September 23-28, 2011; the response also provided notice of the availability ofthe Final EIR. As discussed in the Foreword to the Final EIR, as well as Section II of this staff report, as a result of comments received from the public on the Draft EIR with respect to the project's potential inconsistences with the Habitat Management Plan (HMP), specifically from the wildlife agencies and Preserve Calavera, staff is recommending implementation of the Refined No Affordable Housing Site Altemative, which is an environmentally superior altemative to the original project that is consistent with the HMP. The Final EIR includes an expansion of the analysis in the Altematives section (Section 6.4) to further support City staffs recommendation to implement the Refined No Affordable Housing Site Altemative. Implementation of the Refined No Affordable Housing Site Altemative includes the following changes to the original Dos Colinas project (i.e. project which was presented in the Draft EIR) and are reflected in the current project presented in the staff report for consideration by the Planning Commission and City Council: • Elimination of an affordable housing site which was originally proposed to be developed at the southeast comer of Sunny Creek Road and College Boulevard (APN 209-060-68). As discussed in the staff report, in lieu of developing APN 209-060-68 with affordable housing, the applicant will have the option of restricting 20 of the independent living units on-site as lower income inclusionary units or 24 units offsite; and • Removal of all development on an equestrian property (APN 209-060-71) in which Agua Hedionda Creek is located. The combined result of eliminating the affordable housing site and removing development from the Agua Hedionda creek floodplain/equestrian parcel is an altemative which reduces the environmental impacts associated with the project. Pursuant to the Final EIR, the project has been reviewed for consistency with the Califomia Environmental Quality Act and no significant unmitigable impacts were identified. A Mitigation Monitoring and Reporting Program (MMRP) has been developed for this Altemative and staff is recommending adoption of the MMRP. The MMRP is also attached to the Planning Commission Resolution for the EIR. Because all of the potential environmental impacts can be reduced to a less than significant level with the incorporation of mitigation measures, overriding findings are not required. The CEQA Findings of Fact are attached to the Planning Commission Resolution for the Final EIR. /?3 EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02- DOS COLINAS October 19,2011 Page 37 \ ^ ATTACHMENTS: 1. Planning Commission Resolution No. 6825 (EIR 09-01) 2. Planning Commission Resolution No. 6826 (GPA 09-02) 3. Planning Commission Resolution No. 6827 (ZC 09-02) 4. Planning Commission Resolution No. 6828 (LFMP 15(E)) 5. Planning Commission Resolution No. 6829 (RMHP 96-01 (D)) 6. Planning Commission Resolution No. 6830 (CUP 09-02) 7. Planning Commission Resolution No. 6831 (SDP 09-02) 8. Planning Commission Resolution No. 6832 (HDP 09-02) 9. Planning Commission Resolution No. 6833 (HMP 09-02) 10. Planning Commission Resolution No. 6834 (SUP 09-02) 11. Location Map 12. Background Data Sheet 13. Local Facilities Impact Assessment Form 14. Disclosure Statement 15. Reduced Exhibits 16. Final EIR for Dos Colinas, dated September, 2011 (previously distributed; copy on file in the Planning Department) 17. Local Facilities Management Plan Amendment 15(E), dated October 19, 2011; 18. Exhibits "A" - "S" (Minor Subdivision, MS 09-04), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 19. Exhibits "A" - J" (Hillside Development Permit, HDP 09-02), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 20. Exhibits "A" -"G" (Residential Mobile Home Park Permit, RMHP 96-01D) dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 21. Exhibits "A" - "KK" (All Architecture for Senior Development), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 22. Exhibits "A" - "T" (Landscaping for Senior Development), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 23. Exhibits "A" - "C" (Landscaping for RV Storage/Garden Parcel), dated October 19, 2011 (previously distributed; copy on file in the Planning Division) 24. Minor Subdivision DRAFT approval letter (Minor Subdivision, MS 09-04) [73( SITE MAP NOT TO SCALE Dos Colinas EIR 09-01 / GPA 09-02 / ZC 09-02 / LFMP 15 (E) / RMHP 96-01 (D) / CUP 09-02 / SDP 09-02 / HDP 09-02 / HMP 09-02 / SUP 09-02 f79 BACKGROUND DATA SHEET CASE NO: EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15('EVRMHP 96-01(DVCUP 09-02. SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02 CASE NAME: Dos Colinas APPLICANT: West Living R/E. LLC REQUEST AND LOCATION: Request for a recommendation of certification of the Refined No Affordable Housing Site Altemative of a Final Environmental Impact Report, including the Candidate Findings of Fact and a recommendation of adoption of a Mitigation and Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, Local Facilities Management Plan Amendment, and Residential Mobile Home Park Permit Amendment; and a request for approval of a Conditional Use Permit, Site Development Plan, Hillside Development Permit, Habitat Management Plan Permit and Special Use Permit for the development of a 305-unit continuing care retirement communitv for seniors, including 58 cottages. 166 independent living units, 20 of which will be restricted as affordable units, a 81- room/95-bed assisted living/congregate care faciiitv, and the relocation of the Rancho Carlsbad Estates recreational vehicle storage and garden area (from APN 168-050-36 to APN 209-060-70) on a 46-acre propertv generally located north of Sunnv Creek Road, south of Cannon Road, east of El Camino Real, and west of the future extension of College Boulevard Reach "A," in Local Facilities Management Zone 15. LEGAL DESCRIPTION: That portion of Lot "B" of Rancho Agua Hedionda in the County of San Diego, State of Califomia, according to Map thereof No. 823, filed in the Office of the Countv Recorder of San Diego County. November 16, 1896. APN: 209-060-70 Acres: 4M Proposed No. of Lots/Units: 1 GENERAL PLAN AND ZONING Existing Land Use Designation: RLM and OS Proposed Land Use Designation: RM and OS Density Allowed: n/a Density Proposed: n/a Existing Zone: L-C Proposed Zone: RD-M. RMHP. and OS Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site L-C RLM, OS Vacant/undeveloped North RMHP, RD-M RM RV storage area, high school under constmction South L-C RLM, OS Equestrian uses East R-1.0.5-Q, RD-M, OS RLM, RMH, OS Vacant^undeveloped West L-C, RMHP OS, RLM, RM Golf course, mobile home park /?6 LOCAL COASTAL PROGRAM Coastal Zone: O Yes |^ No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: Q Yes No Coastal Development Permit: Q Yes ^ No Local Coastal Program Amendment: [I] Yes ^ No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 305 ENVIRONMENTAL IMPACT ASSESSMENT I I Categorical Exemption, N/A I I Negative Declaration, issued N/A I I Certified Environmental Impact Report,_ Other, Draft Final Environmental Impact Report, September, 2011 7^r CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Dos Colinas - EIR 09-01/GPA 09-02/ZC 09-2/LFMP 15(EVRMHP 96- 01(D)/CUP 09-02/SDP 09-02/HDP 09-02/HMP 09-02/SUP 09-02 LOCAL FACILITY MANAGEMENT ZONE: 15 GENERAL PLAN: RLM and OS ZONING: L-C DEVELOPER'S NAME: West Living R/E. LLC ADDRESS: 5796 Armada Drive. Ste. 300. Carlsbad. CA 92008 PHONE NO: (760) 602-5850 ASSESSOR'S PARCEL NO.: 209-060-70 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 305 commercial dwelling units/senior professional care facility, 46.0 acres ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: Demand in Square Footage = B. Library: Demand in Square Footage = C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = E. Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = H. Open Space: Acreage Provided = I. Schools: (Demands to be determined by staff) J. Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = L. As the units are defined as commercial dwelling units, a total of 111 are designated onsite) or 131 residential units (if inclusionary units will be deposited into the City's Excess Dwelling Unit Bank. 1,060 square feet 565.64 square feet 67.100 gpd N/A 193.7 cfs B 1.090 ADT 3 and 5 1.21 acres N/A 305 EDU 167,750 GPD (if inclusionary units are provided offsite) m DISCLOSURE Development S.r.,.., %Sf' STATEMENT Planning Division ^'^^ °^ p. 1/A\ 1635 Faraday Avenue CARLSBAD ^ ' ''^''r™ www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, Gorporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city munidpaiity, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; hovveyer, the legal name and entity of the applicant and p must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the appiication. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) ^^^^ Person Ja/*/^ 72/tPti$/fc/"{ Corp/Part "TiTwyju/^' i-lJirU/^ LLC Title P/zes//)/s.K>T Title/^/4/t>^.g/g. e>f== £>ecyAJt^/? Address 67^/lefHAD/^ P)e. ^/oo Address S'?^C> Ai^»*A/)A O/l d 7oo 2. OWNER (Not the owner's agent) / a Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, tities, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ao/f-AJ TZfine^z-V Corp/Part l^^'^T Sfe^/o/g./i/^//'^^'Zzg: Title p/i^Sf(j£yoT P>^ /K^f/J^q^ Title Address 7"/^0' A^'^'/^P/i• /f)fi.7^7ho Address r7^.6 firOM^/i^ 7)fL.^3c>a p-1 (A) Page 1 of 2 Revised 07/10 L-/P>'P'C. 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a tnj.gt list the names and addresses of ANY person serving as an officer or director ofthe non- profit organization or as trustee or beneficiary ofthe. Non Profit/Trust Title Non Profit/Tnjst_ Title Address Address Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? ^ ' n Yes 0No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. certify that all the above infonnation is true and conect to the best of my knowledge. /^ owner/date Sign^Jdfe of Print or type name of owner Sign^tdre of a applicant/date i)/f<tJ /2i^AjfCAl Print or type name of applicant Signature of owner/applicarif s agent if applicable/date L^t^f^ P^'f<^ Cf^uP^ /<a2, ^i>i^/LT~P?- L/i-Dt^f<^ Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 77 MS 09-04/QPA 09-02/ZC 09-02/RII/IHP 96-01 (D)/LFh/IP 1S(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR SITE CITY OF CARLSBAD, CALIFORNIA QENEttAL NOTES PUBLIC UVUTIES AND DIsmiCTS vicimyMAP WOPOSED PnyJECt BOWOMr ffjuoftc HMsw no [jnsnNc srtpi u»m mm UAMHOLC ppv^SEO WIN mm u*Nna.( • t HHAl tnsmc ipXAHtO) "Iff UOM pfOPostB cp^fpuwf smerr nfv. ouf (Stl s«rr m*»ostP » or GRAOf T OlSnwC COHIWHS twostti cmorrrF cmss curm fjHsimc smcrr iiofr - pueuc pffOPOsED smrrr iiewr - PVOIK PBCFOSEO SfSnrtfCHf - WWWft wwotWEO 109-rrt noooPiAin tw (IdEJ nrtsrwc wMfin n.oiitw PitMHe/PMMIXO JC MMC oc wwc artann MMNC taepmni mnn ami rwrosEo c*s ft eiecfwic PKinc eat fTLtPHTf »nLSS*0 UUHICIPAl wATUt OlSmiCT CAffLSBAO HHJHICIPM. WATV1 OlSTFICr CITY ar cAm.sBAD Cirr or cAnSBAo CITT ar cAm.sBAD CITY ir CAmsBAD CAn.saAD iHiriEO satxL oismicr ABBREVIAVONS PARKING SUMMARY: COTTAGES NORTH - 40 UNITS oonAQEs. I.) SPACES PER uHrr OUt»T lOTW. I SPACES PEB1JI PARKING SUMMARY: COTTAGES WEST- 9 UNOS WEilOEHIIAl t:onA06S. I S SPACES PER unit ouE»t 10 mi. PARKING SUMMARY: COTTAGES SOUTH -9 UNITS OUESl TOtAt PARKING SUMMARY: 95 ASSISTED UVING BEDS AND lee INDEPENDENT UVING UNITS •HDEPENOeil IIVIHO ASMSTR) UVtm laiEPUvma TOTAL lAUHrS I r SPACES PEA UMT IS*! i nfCM iAiim>riti tsspACEsnEO w t UMDEnonouND imwwHn ' OPfiNrt)A*'PARAH.et. HANDICAPPEOrMaiMAAOn I COMPACr gpACC PEM (UNITS It IHICI.UDCD IN TM« I.T SPACESniWT Norio AIOVC PARKING SUMMARY: 0\/ERALL TOTAL OVEWALL TOTAL . .U.JI ACRES . S. 73 Acncs • I.? I ACRTS TOTM. mass sirr M^A: 4e.o ACFSS CCLLCGC BLVO )«EV"; 2. 73 ACHES ACT SITT AWA: 4J.IS AOO (CHOSS AREA - Cai.tXT O.'iV} ntr tevn.0P*8LC ASE-I- *I. I AOTES rpc» cmsmAiNts MP) WtAL NO. PAKHS: J P flESICCTTOH. ^SSISftD LlflW PAflCtl (PO. 1} I uoBiLC Hxc PAiK/nv pimiNC/aAmXN (PO. Z) I CXHSUlVATieN CHK »*ACF (TSWr) {PCL J) mrAt NO. orujtfS' J09 ctMcnc'AL tym.i.iNC wits (INCHJOES m AronotBLC wirs) IL BLOC (BB CtMCRC'M. ODELL'AC IWITS 0M3.LDn AFTTTOAeLE- IAI rsJ At; euDC: 91 cawemnfL om.Lirc UNITS COTTACES: 38 COWRCIAl DUELLINC Wl TS ("SET rm«tr AfltMinrTWJE m? ocrAiis; ASSESSOR'S fARCEl NUCEn 209-oeo-ro EXISTINO LAND LSEL' VACWT vtisntc cewAL njw crsiowrfov «.* fo-< IXI/ACJ PAWCEL t ; filK fo-* l}U/AC) PARCEL 7 : flLM {0-* tXi/AC) wuMiatu CENEfw. r\.An OEStoaTia* «v ai/AC) PAmXL I : AM f*-fl DU/AC/ PAflCCl 2 W (•*-« OU/AC/ nVKEL J : OS fOFW Sf^C^J EXisrrw ZfjWNH LC fL IMI FED ctnmi; P/flCEl 2 .• LC fl TL) __ ,_ '(rED corwwLJ p>wrcEi J : LC (LiMiTEO cmjm.) PWOPOSCD ZCNIMS PAHCEL ' : RO-U (KSICCNTIAL OENSITY - tAjLllPi.E) PARCEL 2 .- fMf ffiESIOENflAL UOBILE KW PAm) PARCEL J : OS ftTO* S»MCE/ , trw ZONE: mrt I3 , AVETTACT IMfLl' TnVFIC 1.090 TRIPS fSEE LLC rRATTIC flCPOTT NEVISEO LCrrEB OATEC *-2?-r(J , rorAL auiLDiNc covtWAct. APPTOIT. a.o ACNES (if.at tr LOT I . PERCENT IT PATKXL I LAfOSCAPING: APPROX, 97.OX AEOAIitCD MfES STmORAIR NOT TT} SCH£ eievATim INVERT eLEfATim RlOn IF WAY PTKFEnrr KfC aiAOE 9TEAX POINT tr INTERSECTKN (Y.C. ) PAO ELEYATICN REIVtmXD CCM3TETE PfT GENERAL DESIGN NOTES ALL SIBEET CC5ICNS, SfWET LfCMfS. AW FIRE HYOANtS SHALL COVOTM TO CITY or CA/tLSBAO DESIGN STAtCAHOS AND AS flCCUIfiCD Br />C Cl/T EWI^CCT. ALL TASEleVrS SM4LL BE WOVfOED nw. REMOVED. OJITCLAIICD OT RELOCAfTD AS REWIRED BT W Cin EWITtER. nSLIC UFd' TIES AW rXIfl APPUCPWrAfE Disnncrs. ALL WTOEO UriLfT'CS 9«LL SE lACCJWmO. CONTJXIt INTERVALS: 2/10 ftET TOPOatAPMr mtPAREP BY: fHOTTXZTXXDIC. TLOm 10-77-OS f(M(!»CD GRACES AflC AmOXIIMTE TTLY AH3 SIB-ECF ro OMMX AT riwL OESioi casiSTENT WITH TK cirr's SUBSTANTIAL CIWWJWAMX Pciicr. PttELIUINARY SOILS REPORT PREPARED BY: SOUnfWV CAL/FWNIA SOILS AW TESTIHC. DATED Ol-Ot LANOSCAPINO ATO JBEE n.ANTINC 9iALL BE 'HSTALLEO rfC CAffLSaAO LAMJSCAft UAMJAL. LAfOSCAPINS 9«LL ALSO CW'lf l'l fH ITC l/iriCAfltW tCASli^ES O/aiWD RW Clff Off-Of AMJ HECtMeWMriONS (T TfC fliaOCICAL rEO*<ICAL BEPCWr, cur AW rjLL SLOPES wr ro EXCEED 2: I, WJCEU LNITS UAY BE BUILT PRIOR TO riNAL IMP HECOROATION IP SPECiriC APPTOt-AL IS (StANim BY ^^c cirr EWiwEff AW PLAWIW oisEcnw. SEE LAfOSCAPE rtjW nw fCTKCEW B-M-L » fPiCE LOCAT/OhS, AVEffACF SEHER aftRATim: .007 AKo (nwT JOS esu's; AVERAGE POTABLE MTEV 0EU4W IS 84.7 riRE FLor caiAfcc 2.S00 av W IfVET^TaNT LIVING AW rW ASSfSfED L(f(W BUItOIKS ARE PRfPOSED IT IS iNTEfCED n«r *iitr»R.E nm. MAPS BF PILED IN ACCcnoA^cE »/n< r»iE rmvisiENS or ARTICLE * or sEcritw SS456.1 or nc sieoivisiaN MAP Acr LAAOr MASS (TTAOEO LOTS, l.B3Ai DESCRIPTION painoN or LOT w RANCHO AGUA NEDIONOA, IN THE OTY or CARLSBAD. IN THE COUNTY or SAN OIEGO. STATE or CALITORNIA. ACCORDING ro MAP rwruEOP MO. S^J, meo w THE oPTice or mc COUNTY RECOROER or SAN DIECO COUNTY NOVEMBER IS. IBM OWNER/APPUCANT WEST SENIOR LIVING R/E LLC A CALinmiA LINItED LIABILI TT COfANY 579e ARUAOA DR.. SUITE MO CARLSBAD. CA BZOOB (7ao) 496-7921 PRHPARED BV: HUNSAKER & ASSOCIATES HI TTAL'INTVtlU DATE 01/29/01 MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CALIFORNIA SHEET 1 OF 19 •o MS 09-C4/GPA 09-02/ZC 09^02/fiMHP 96-01 P)/LFMP 1S(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09.03/HMP 09-02 MS 09-04/GPA 09^2/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 MODIFIED PRIVATE PEDESTRIAN RAMP (A) PLAN VIEW SIDEWALK UNDERDRAIN TO GRASSY SWALE TYPICAL CROSS SECTION A-A srMDMo «- cum MODIFIED PRIVATE PEDESTRIAN RAMP (B) DETAIL SrANDARO S' CUBB -8" CmW ^ STAHOARO »' CWB-.^ j YPAINIEO SRDRWCJ TANOARO f cvn •fPAIKJEO SfOIPlKCJ i 1 & i TTP/CA/. PARKING DETAIL TYPICAL MODIFIED ROLLED CURB TO TYPE 'G' CURB TRANSmON DETAIL tocAjioR cr num CURS AW srAROAim CMB m et IXimitlV AF HNAl (WWEKHC •CWTAflINt RANOi" J. m '•' • -4.'fOOU£OeBC^ > ; si MODIFIED 4- ROLLED CURB SECTION loCARan or HOUIO cww A«0 STAHDAK) (* ojRt n BE ocQMACD Al rwiAL (vaKnute (str CROM StCnONS. war I ARO FtAH WEFTS * AMD a; MODIFIED PRIVATE PEDESTRIAN RAMP (B) PLAN VIEW wort; PMfAlE STWFr CURB RAUPS PO HAVE TRVNCATEO DOMES j'-j.w FOR 4' ojrn »~i.oo' FOR f cum CONC. nnciNEss - s.s' NOTTS: I. cmCRVt SIIAUL BE S90-C-J130 PES "SO NO. C-» * C-IO 3'RfBBON atmwR COLLEGE BLVD./CANNON ROAD SIGNAUZED INTERSECTION mm Himti iAn( AJswwNn COLLEGE BLVD.^RIVATE DWY. Vt" SIGNAUZED INTERSECTION mm (xnv.fF UW Assemnn COLLEGE BLVDJPRIVATEOWY. 'D' SIGNAUZED INTERSECTION PREPARED BY: HUNSAKER & ASSOCIATES MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CAUFORNIA SHEET 3 OF 19 MS 09-04/GPA 09-02/ZC 094}2/RMHP 96-01 (D)/LFMP 1S(^/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 PUBUC UnUTY LEGEND Muc sTCRy enm. ivajc wAim PUBUC HECLAOfO niER,.... IWOC mt HtOITAKTS PUBUC UTIUTIES PRfVA TE STORM DRAIN LEGEND inivAiE STORV onm. •- — COLUGB fiOULKVAJlD I- I PARCEL i ^PARCEL 3,^ ^- A ft PRIVATE STORM DRAIN i'f \ I' iKTAmim MU »r.j PAO ^ 90e»AUt SECTION OC !,CWW * WflCT I f COLltTX HLVO. SECnON M SEC770N CWI SOUNDWAU SECTIONS OPEN SP/ICE EASEMENTS S BIOLOGICAL CONSERVATION EASEMENT PREPARED BY; HUNSAKER & ASSOCIATES MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CALIFORNIA SHEET 4 OF 19 MS 09-04/GPA 09-02/ZC 09.02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 SLOPE EDQE BUILDINQ SETBACK INDEX NORTH COTTAGES TOP or SLOPE SEI8ACK IWE OF SKMT UNIT 11 REAR CARAGE SETBACK •PLEASE SCE ARCHITECTURC. SETBACK IS TAKEN FROM 2 LOCATIONS. ONE TROW T»E PORCH ANO ONE FROM IME GARACE. TOP OF SLOPE SETBACK SECTION 'VA.'' • TYPICAL SCALET r - 10' NOTE^ AS LOMC AS A I.O' UIN. DISTANCE IS UAINTAINEO, mz TOP or SLOPE SETBACK REOUtREUENTS ARE MEt. ^. .— TOP Of SIOPE / SETBACK UNE Of SIGHT : ...J \ H-APPBOK Iff TOP or SLOPE SETBACK LINE OE SfCHt TOP OF SLOPE SETBACK SECTION 'D-D'' • TYPICAL SCALE; r - 10' NOTt; AS LONG AS A 7.0' MM. DISTANCE IS MAINTAINED, THE TOP OF SLOPE SETBACK BEOUIREMENTS ABE MET SLOPE EDGE BUILDING SETBACK WEST COTTAGES I7.9'* ACTUAL UNIT IJ REAR PORCH SETBACK •PLEASE SEE ARCHITECTURE. SETBACK IS TAKEN FROM 2 lOCATlONS, I IME PORCH ANO ONE rnOM THE CARACE. TOP OF SLOPE SETBACK SECTION 'A,-A.'' • TYPICAL SCALE: i''-'to' NOIEi AS LONG AS SLOPE EDGE BUILDINQ SETBACK INDEX WEST COTTAGES TOP Of SLOPE SETBACK UNE OF SICHT SLOPE EDGE BUILDING SETBACK INDEX SOUTH COTTAGES SLOPE EDGE BUILDING SETBACK SOUTH COTTAGES TOP OF SLOPE SETBACK SECTTON 'C^:'' - TYPICAL SCALE: 1* - 10' NOTE: AS LONG AS A T O' MM. DISTANCE IS MAINTAINED. THE TOP or SLOPE SETBACK REOUIHEMENTS ARE MET SLOPE EDQE BUILDING SETBACK NORTH COTTAGES PREPARED BY: HUNSAKER & ASSOCIATES MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CAUFORNIA SHEET 5 OF 19 oo MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 FOR CONTINUATION SEE SHEET 8 MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD. CALIFORNIA 19 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 -OR CONTINUATION SEE SHEET 8 FOR CONTINUATION SEE SHEET 9 MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CALIFORNIA SHEET 7 19 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09.C2/SDP 09-02/HDP 09-03/HMP 09-02 FOR CONTINUATION SEE SHEET 6 l^/ .ptON hwposre mttiAN HAwscitprAA*^^ r. u^fnaain.nAitsi ••.'.- FOR CONTINUATION SEE SHEET 10 MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CAUFORNIA SHEET 8 MS 09-04/GPA 09.02/ZC 09.02/RMHP 96-01 (D)/LFMP 15(B)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-C2 FOR CONTINUATION SEE SHEETS FOR CONTINUATION SEE SHEET 7 FOR CONTINUATION SEE SHEET 11 MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CALIFORNIA SHEET 9 OF 19 MS 09-04/GPA 09.02/ZC 09-02/RMHP 96-01 (D)/LFMP 1S(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 • !!^P--J>P. fjl . . liif "^-ism • \ ' ipi v. MM^ ///' '•f'^^ FOR CONTINUATION SEE SHEET 12 MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CALIFORNIA SHEET 10 OF 19 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 •SUBDIVISION BOUNDARY. FOR CONTINUATION SEE SHEET 13 Iil'- mmR. uAin 'flm^K) SUnkLJKBlJtl' iiAmt^m MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CALIFORNIA SHEET 11 OF 19 Si MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 -0 MS 09.04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 J- nyptiiAiit AVMAI twitt B V Mtnr^'iiAMrlfKiUioJ FOR CONTINUATION SEE SHEET 14 MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CALIFORNIA SHEET 13 OF 19 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 1S(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-C2 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 DOS COLINAS RECORD BOUNDARY AND ENCUl^BRANCE PMT MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CAUFORNIA SHEET 15 N W.^ DI. ffl. I1«^>.«-IJ.«1II,-I MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 EXISTING EASEMENTS AND lOD's A MEWKMlUr OMTIED /A AN asom nm nmx urvrws, IWRDU amsa mcORm ocwrnw M '—' IW44 m torn MK MF 4x AS MnMor M rMJH cr twnan mmm. *> ntm Sf em Mt AMS ruuRK eomm: /A AH mnerr ns* P(«JC unmx mmss, fotcs ROMCP «IH rn imi n *oax Mst "7 AI fsmuor Aafojw or cmcN mam K mot A» twoew AW imr tr mrrvR imamr m> nmx urt/rr AW '*>°fis( puwwp AS mmtB n toTRumr RtcoRoa xFttimR u 'MS AJ MSntMNT AD IIMi OT OTIO* «OaWX AW IW MAT OP wxw ID IW MP cuEmr AS ccMficP w nnc»vn> M MHRX anmn JlfMACNrs cr xnan own tMBt AIMD AM> AMCKS M OSTMO jHLMuajLuanoLO WBUBMUUUOOB /\ AM nnMNT riH noMsr or mim AMD rtaxmn mma Kcamto '—' mm M r*n Af NsmMXT KV »-d*»Mf or ivmt mtsns M /mo* w> MM oreo ceum noeo eomn aarmr. SBotrmnmjc mma, MBXIS KKED ma«D MKCN A a wnjMOffjn n-oTJir <r amu mooms. M ORm on MW , AM euoorr fm nmx vnvnct NRRSS men mnsEP MKM JI, if/B AS nsmucNT m rs-7itm or vm*. mrm « mm ar sw ORD MS M> Bjsrmc oomwt; A A A Cf AUKTMcr, onMic iMtnwr AA nauTws AM *awa»i MiTOet xcmaQi AW II. joai A w mi-anuBo cr aman Mnnsos M /MOT m mt arr AR asoKRr rat Muc STKIT A» mmx mnv «i»„ MMIM n m7 M nmvwT mx K07-me«ao ar cmmL mxoRos. m mm THE arr tr eutsma A MMCM eeRpemnat 17. taomamiY euntB j« §minomu.r omra /\ A<r cuonr nw mmx smtn, nmjc imirr AAO KCBOHH puran '—^ mrxiwxii HMm R xor AS •STMUOT m im-oiwBw or OTTIOV AROBDK n « FME Off or £iMJMi 4 MHom awwawuM JOTICIK nc Bomr ti rm or MD MW AS worn AK Amman moRs 9 ntmss tm tmas TO m mm ca ' ' Mttf BED* XIMUMS W MT BCOMwr mmwm MMCH K JDD7 AS /X. MUTTSn MMS (T MDtOS AW OKS R) « UKU CDURT SOtA/WT '—wic (EW AOMwnr K mr BKMCNT KDOVEV MMW r^, mr AS nanuor AO mr-aroaam er ermm Rteem /tk AM eaomjff rrm MORBS mo mas MI Momm mm-aa mmm '—' Mwov r?. w AS MimtENT Ml Ket-caoami v OTKM. ATXHCK M mot cn «nm fwanom ue m AOM umo uwrr mrfm AW iMnnsw Monons ue A« A«nM uwnv tswun- aanwK t w yMo* or »« one eu>ve UOK naww X\ A* oxMT"'Muc UR/na focn ons mmma BCTOBCT ra A\ A«f fM '—* IMI f CCDM n AV MMIT Wf MWHIV nARMS AlUMUUI OCTOBOf I, IRM I rtm pnor AS POIMMNT AO t4toit er vrtam Rcwm. n mWT C AOJM U MIENnMUrOWRS A Mn?(i«nr AO JTO-B/atif cr (mw KQMS W ntmr an arr or Al EWMHr nr Msmim muc MD AUO rataa A AS«V tr cos iDAw nvwMD fAcurrmmRXD /m it. laoi AS KSTRUR looi-ttiM er man man w mm en arrtr emsam /\ AV ctncNT' aoPT osacM' fuma mam JOTOOOT U mr '—' At Mmucwr AD mi-oesitmi ar emat RceoRos. m mm ar mr Ttmnxs AT 3Mfr omiK ue A M#IMI tMnv IMMITI'onmrK •L&ior /X AB eunorrrat Muc snnrAW nax mjTrmimtses mamB) *— rr, xar AS Hsimamr /n teer-emmi tr tmm. mmm. m Rem an arr ar amsma A MMCBW CORRORARM /\ AM CARKKT ramoMMvaoT or ACOOS mns m AW mar oKUBr '—' Axuww RtnnDQi Mww 17. leer AS temMon m. taer-caoemB v amu mmm m mm en car a O«UM4 A aXMcnv aan-nwim AS pemanrr NO mB-orrfOB or dnKxt ACDOBS B7. AM MMNT RM FOCS. BHES APB W MAff l/IUrr trmCTMB AW Mxem wnso AEEIKD Mr n rax w BOCK Mr, mr m a armiL mnm. m mm cn tsmRo nun JHCS r. KIUK imm s AIUT: OiO'« wu AW uur Hur onm ArocNDBL «r mm en sm ono'du AW dicnK'cbwwn- M. AR Bisomr m m£ UKX iMXROKue amButs Ttma miR i>€^ ncwr (T Mm AW faai AW MxxNK mmss mmm jwuwr If. IBBD AS fSnUCff AO UTBT OT DTlCMt REOBm H mm or; MM ILMLOmiUCJHLfiU A- m Nioiicnwii' (Mltlk 101 HmmMur atna /BX IW oaatm ttm ramm mm-aajtat oanoa ana AM innuai — DC CBDM immma mw KDona mat r, toe? AS fenMOT AQ 2oaT-4aoBma ar oman mcam H mm cn mrTot WKSHCMS ue AM AmtatA uma umjrr onnm PHASED PARCEL MAP EXISTING BOUNDARY & ENCUMBRANCE NOTES AND UNIT PHASING PREPARED SY; HUNSAKER SiASSOOATES MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CALIFORNIA SHEET 16 OF 19 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 \ PROJECT TOTAL = 46.0 AC. ''0>L:- ./ ' r "'• - • -'i: •••••li • 'If": " / air/.;?. ,,,,, : tpr- i:::L,L;:,rsi (i* COLLEGE BLVD. 2.74 AC. :f . ,^ ^ :^,: ..•>.:V. \ ^ • PROPOSED PARCEL UNE EXHIBIT PREPARED BY: HUNSAKER & ASSOCIATES MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CAUFORNIA SHEET 17 OF 19 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 1S(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 if SUBDMSION BOUNDARY Width Trock Locli lo Loch Tima Slaering Anglo Sleeflnfl Angle LARGE CAR CALTRANS 404.5F DETAIL 28' EMERGENCY FIRE ACCESS (PRIVATE ACCESS ROUTE) PREPARED BY: HUNSAKER fiiASSOOATES MINOR SUBDIVISION MS-09-04 DOS COLINAS SENIOR LIVING SITE CITY OF CARLSBAD, CALIFORNIA SHEET 18 OF 19 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 MS 09.O4/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 R'\0e9T\»P1n\Dos Cellnas - HDP SrrAir Sitt Sht Ol.rtigOAuQ-eS-SDIMSOl MS 09-04/GPA 09O2/ZC 09-02/RMHP 96-01 (D)AFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 .... w ;r''WN LEGEND I I 0-13* SLOPCS *C - Jt.6 (ta.7X) I I I5X-25X SLCPCS AC - laj (2i.4X) \ 3S%-40X aOPES AC - S6 (7.BX) mmm CKADINC uuirs so AC oumx cfAam uuirs as AC I wx * OTMra SLCPCS AC - 0:5 (I.IMj mmiN cRAOmc uutTS .is AC oorsof cuAaNC uuirs .M AC SLOPE ANALYSIS HUNSAKER & ASSOCIATES PREPARED BY: HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP DOS COUNAS CITY OF CARLSBAD. CALIFORNIA RiN0e97MPIfi\Doi CDllnsi - NOP Senior Sll( SM a3Ld*o(]Auo-Sa-eOII>ie>4' SHEET 3 OF 10 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)AFMP 15(E)/CUP 09.02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 : :44Pf^: .) fmi- S S^^.^-.Mk LEGEND I I 0-1SX SiOP€S AC - Jt.S (6B.rx) I I I1X-2SX SLOrCS AC - (0.J (2!.4X) 0M 25T-40X aOPEX AC - J.« (7.BX) mmiN CRAimc uuirs ic AC ouraoc cuAoiNO umrs o.e AC SLOPE ANALYSIS milll 40X * onCAWi s.iip[s AC - as (i.ix) Mmm CRAOfNG UMITS .15 AC OUTSIX GftADING UUITS .J5 AC PREPARED BY: fflH HUNSAKER |KSn| StASSOOATES HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP DOS COUNAS CITY OF CARLSBAD. CALIFORNIA SHEET 3 OF 10 i\tlot CollniiJ - IIDP Stnlor Slt» Shi 03o t^^ color),d*on«uo-tB-e01KJBt30 MS 09-04/GPA 09-02JZC 09-02/RMHP 96-01 (D)AFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 LEGEND VEGETATION COMMUNITIES WHmum SYGAMOn&ALDER RIPMtlAN WOOOUWO I SOt/THEFIN mjLOW SCnUB I COASTAL AND VALl£YFnESHWATEH MARSH I NON-VEGETATCD CHANNEL ' tXmcnCTE UNED RJOOOWAY COAST UVE OAK WOOOIAND t-tMrt;-] DISTURBED VALifV NEEOUOnASa QRASSUWD I DtEOAN COASTAL SAQE SCRUB ! narURBED DIEQAN COASTAL 8AQE SCRUB DISTUR8ED OIEOAN COASTAL 8AQE SCRUB -BACCHAfllfl DOMINATED HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP DOS COUNAS CITY OF CAHLSBAD. CALIFORNIA R'\De97\.P.,.MIOS Cotlnas - HDP S.n^r SH» Sh. D«.ri.o(Vtug-E SHEET 4 OF 10 o MS 09-04/QPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 ''UP Min •li '"9. • ''!.•'/^'If '''\\ \i9p-.fPi^9;'y(*X^\ S ^^W^'-Mi.-. ''feJ-,^^' .^ j. 'i"^ -''lli! - .9f^::ii:^\ %Sj'l^'i PREPARED BY: HILLSIDE DEVELOPMENT PERMIT SHEET IHH HUNSAKER CONSTRAINTS MAP 5 &ASSOaATES DOS COUNAS OF 10 CITY OF CARLSBAD, CALIFOHNIA OF 10 R'%e89T\iP<n\Si>9 Colinas - HDf> SinWr Sit* Sht D9.d>D()Auo-S3'EDiME.3T 140 120 100 80 60 40 140 UJ 120 ^ 100 ^ 80 O 60 !^ 40 ^ MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 -EXISTING GROUNO PffC WSCB-OffOt Nt> ..RiT..am:.':ci. PVT. .IIWY JL" PTr-BWY--K-" SECTION A-A HORZ SCALE: 1" = 30' VERT SCALE: 1" = 30' IL DLDC J rMD'--.\1.7 'L..BLDO. I... PAO'S'l.? RETAINING WALLS IL BLDG 2 PA0=9S,1~-. SECTION A-A CONTINUATION HORZ SCALE: 1"=30' VERT SCALE: 1" = 30' PAD=84. 7 CO: IRTYARD — EXISTING GROUNO PROi'OSlO GROUND LU 140 120 _l 100 X o 80 60 40 LU 140 Z 120 _J 100 X o 80 h-60 < 60 40 SECTION A-A CONTINUATION " HORZ SCALE: 1"=30' VERT SCALE: 1"=30' PROJECT CROSS SECTIONS PREPARED BY: HUNSAKER & ASSOCIATES HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP DOS COUNAS CITY OF CARLSBAD, CALIFORNIA SHEET 6 OF 10 R'\0S9THtP1n\Da9 Call > Scniar Slt( Shi l]ft.i<>gOAug-e3-ei)ll'ie'3I MS 09-04/QPA 09O2/ZC 09-02/RMHP 96-01 (D)/IFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 140 120 100 80 60 40 140 LLI 120 1 100 1 X 80 o h-60 < 40 140 120 100 80 60 40 LLI X O PVT. ' DRIVE' Jr PARKINQ.. PR0P0.;ED GROUND PARCEL 2 - RV PAR 120 EXISTING GROUND SECTION B-B HORZ SCALE: 1" = 30' VERT SCALE: 1" = 30' 'PAD'90.^ f "f\0=9\'.t~""P''D=9zA SOONB IV/tri-140 120 100 80 60 40 SECTION B-B CONTINUATION HORZ SCALE: 1" = 30' VERT SCALE: 1"=30' WATE^ QUAIITY PROPOSED GROUND EXISTING -.ROUND "Z- IL BLOC COURTYARD -1I--B PAD .-es -J~ B4.7 -PVT.-DRIVE * PARKING SECTION C-C LU 140 ? 120 _i 100 O 80 <; 60 ^ 40 SOUND WALL- ED GROUND ma.. .DRI.VE-.. <c PARKING TING GROUNi) - COLLEC BOULEVARC 140 120 100 80 60 40 HORZ SCALE: 1"=30' VERT SCALE: r = 30' PROJECT CROSS SECTIONS SECTION C-C CONTINUATION HORZ SCALE: 1" = 30' VERT SCALE: 1"=30' PREPARED BY: HUNSAKER &ASS0CIAT1S HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP DOS COUNAS CITY OF CARLSBAD. CALIFORNIA SHEET 7 OF 10 • HDP Junior Slt» Sh* 0?.tl.o()ftuo-S3-20M-ie'36 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 15(E)/CUP 09.02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 140 120 100 80 60 40 SECTION D-D HORZ SCALE: 1" = 30' VERT SCALE: 1" = 30' 140 120 100 80 60 40 SECTION D-D CONTINUATION HORZ SCALE: 1"=30' VERT SCALE: 1"=30' PRWOSED CRO JND IL BLDG ?. VURrrARD. EXISTI\IG GROUNO SOUND WALL- \ROPOSED ClhuND - PVT. DR E.dSTING GROLND SECTION E-E VERT SCALE: 1" = 30' HORZ SCALE: 1"=30' 140 120 100 80 60 40 PROJECT CROSS SECTIONS PREPARED BY: HUNSAKER & ASSOCIATES HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP DOS COUNAS CITY OF CARLSBAD. CALIFORNIA SHEET 8 OF 10 RiM)89»MPln\fto» Collnoi - HBP S»nlor SH* Shi (IB.K"OlJAuo-^^-^"'l''?'3l MS 09-04/QPA 09-02/ZC 09-02/RMHP 96-01 (D)AFMP 15(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 SO EXISTINC GROUNO - 140 120 100 80 60 40 PROPOSED GROUNO PVT. JRIVE "0" PVT. DRIVE X SECTION F-F LLI 140 ? 120 X 100 O 80 < 60 ^ 40 HORZ SCALE: 1"=30' VERT SCALE: 1" = 30' RO.W... cottEGE- ioatEVAmr-j-jt -rf.05 SECTION F-F CONTINUATION HORZ SCALE: 1" = 30' VERT SCALE: 1" = 30' SECTION G-G HORZ SCALE: 1"=30' VERT SCALE: 1" = 30' PREPARED BY: 140 120 100 80 60 40 PROJECT CROSS SECTIONS HUNSAKER & ASSOCIATES HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP DOS COUNAS CITY OF CARLSBAD. CALIFORNIA R.\DB97\iPtnNDoi Collms - HDP S.nkir Sll. Sh< 0....g(V.ug.Z3-B SHEET 9 OF 10 MS 09-04/GPA 09-02/ZC 09-02/RMHP 96-01 (D)/LFMP 1S(E)/CUP 09-02/SUP 09-02/SDP 09-02/HDP 09-03/HMP 09-02 \OB97\*Pln\0<it CelfrDSi - HOP Sinfo' Sll* SM IO.^w^)»u^-l}-lOII: >}• *2 IJ RMHP AMENDMENT 96-01 (D) RESIDENTIAL MOBILE HOME PARK PERMIT (96-01) AMENDMENT FOR RANCHO CARLSBAD MOBILE HOME PARK DOS COLINAS-RV STORAGE SITE AND GARDEN RELOCATION CITY OF CARLSBAD, CALIFORNIA VICINITY MAP wr m SCALE OVERALL LOCATION MAP LEGEND PRCPOSEO PROJECT BOUNDARY tmmc rmjEcr BOUHOAHY PROPOSED fA SEMEN r (IWF tisim PRivAit sew UAm pnsmK RAtP HAM pmPosED aatfsnc WAipi UAH (Sin TD Bt HtJEMIMED AT FWAl EuaNEniiRc.) fusrwc fl PRCOSEO rVE NYORAHT PROPOSED CENIERIINE SIKt' CKVARON cms RHC fxnmjRS PROPOSID J'/l'CWAWl#« FENCE (CAROEN ARCA) pRovsEti a' wAJWiwit rpKE (RV ARCA) T 3li? PRCPOSEV RfTAININC »AU PRCPOSED M cr CRAOE MSnWC STREET UOII - PUBLK PROPOSED SniEET LI04I - PUBLK PIKPom jrWFf IKMT - PRIVATE RIP-RAP (ENERGY aSSTPA IER) cASEuoiT cMiair (SEE swrr s) amnKRi noTT tmni rrm nAta nusrwc CTMAKI mnr cmrK loa-yii noanjai mc (FaA) Fmmv lOB-w noaonxff tic (Lti.t) mavsED loo-rit noamAn IME (Lnt) AC PAWK BttarOSeu OtAMIF (DC) cwREit PA tme msrwc MtNrffiDi ABBREVIAVONS FL Flow UNE rw WP or WALL BW OOTTJU or WALL IF TDR or FOOTING FS FINISH SURFACE S SEWER A E PUBUC UnUVESAND DISTRICTS CAS ANO ELiCIRiC SAN OIEGO CAS * EltCmiC mfmwf PACinc aeii mattcHE WATER CARISBAD MlWICiPAL WATER DISTRICT RECLAIMED WATER CARLSBAD UUfRCIPAL WAIER DISTRICT SCACW Ory or tTAfflSSAO STORM DRAIN art or GARLSBAO FIRE Cirr or CARLSBAD POUCE CITY or CARISBAD SCWOOLS CARLSBAD UNinW SCHOOL DISTRICT REaAIUED WATER STDRU DRAIN NOT TO SCALE ELEVA HON INVCTf ELEVATION RIGHT or WAY PROPEPrr LINE OtADE BREAK PONT or INTERSECTION (V.C) PAO ELEVARON GROSS sa FT. NET SO FT. FLOOD PLAIN VCTTTCAL CURVE MANHOLE RmrORCED CONCRETE PIPE KEY MAP SCALE: r" - 200" GENERAL NOTES TtJTAL cross SI TE AREA- B. 7J AOTES fCT SITt AREA; «. 7} ACHES rOTAl «J, PAKCLS^ l-USILE tOC/Bf PARKINC/GAROEN (PARCEL 7 CT Its 09-04} TDrAL NO. or UNITS: 0 ASSESSOR'S PARCEL MJWEW POtTION IF 709-080-70 EXISTING CETVAL PLAN DESIOMTION RLU (0-4 OU/AC) mjPtfttU CetRAL PLAN OESiatATION RU (OES. CU/AC) EXISriNG LAW USE: VACANT EXISTING ZONINC: LC fLIflTED CWrTO.; FROVSED W«t mw fflESrCtNf (AL UCBILE KXt PARK) . f^nfasEO DENSrry: N/A , LFW ZONE: Za€ IS . AVdAcr OAILI" r»AO-|C N/A . TDFAl. BUILDING COVERAGE: 0 AC . PERCENT (F LANOSCAPINB 12.SX . NU«EP or RV SPACES mOVICEU: Bt RV SPACES. « CAff S-ACES RETVIREO SajARE FOOTACE EXCLUSli^ OT ACCESS RDAO PUTSUANT TO LW USE WTIGATItH K^ASAPE ND, ? EIR 98-0* I0.4S4 SO. FT. . mjVSED SOUARE FDOTAOE ENTIRE GARDEN riOFS' AffRGX. 122.OJO Sr miTVitV SOUARE FOOTACE GARDENS CUT: APPROX. 31.700 SF . SOJARE FOOTAGE a EXISriNG GARDEN PLOTS: APPROX. 41.500 SF' . SOUARE FDOrACE or EXISTING RV STVRAtX AREA: AfTTOJt. SI.ODO ^ . sojARE raoTAGE or EXISTING RV STCRAGE AREA (EXCLUSIVE tr CfllVE AISLES * LAHJ5CAPE POCKETS): AmOX. 45.000 ^ . fWPOSED TOTAL SOUARE FOOrACE CT ENTIRE W RV AREA: AFPROX. 91.370 ff" . tWOilU REMAINING IFEN ^ACE AREAS APPROX. 7S.990 SF . SOUARE FvarAcE cr rmrvsEO nv AREA (EXCLUSIVE IT DRIVE AISLES • LAtTSCAPE POOtt'S): A/TTOA. JO. 173 SF . SOUARE FOOTAGE DP LAWSCAT AWKEfS IN PARKING LOT: APPROX. I. O'O ST . SOUARE FoarACE a ITA94 OORN AREA: APPROX. 4,980 3' . SOUARE FOOTAGE C ENTRY/CLEST CAR PARKING ATKA: APPROX. S.eSa ST QENERAL DESIQN NOTES I. ALL SURFACE ItBTOOCNrS, SfJlCEr LIOtTS. AH) FIRE HYtftANTS SHALL cnnm ro CITY or CARLSBAO DESKH STAroARos ANO AS REOJIREO BY TtC CITY (HUNEVT. !. ALL EASEUENIS SHALL BE PROVIDED FVR. REMOVED. OVimAHCD m scLOCAJiD « BEWiBED ffl-r>€ ctrr EWIWcn. f«llC UTILITIES AtO nCIR At¥ROPRIAIE DISTRICTS. 3. ALL PROPOSED UTILITIES SHALL BE i/tJEROrOM). 4. CONTWR INTERVALS! 2/10 FEET 5. TVPOCRAniY mTEPAREU BK FWTOCEOOEOIC. FT.ORH IO~77~OS AH} CRAOTMS AS 940mi CN US 09-04 B. FINISHED CPAOES ARE APRROXIMATE ONLV AW SLBJECr rO Cf4ANGE AT FINAL DESlUt CONSISTENT XITU ThC CITY'S SWSrANTI. CTMWMAWE PCLICr, 7. PREllMINATtr SOILS REPORT PREFARETt BY: SOUTItRN CALirJJRNIA SOILS ANO TESriNC. DATED FTOnMRY 2009 fl, LAtCSCAPING AfO TREE PLANTING SHALL BE INSTALLED PCT W CAflLSSAO LAfOSCAPE RANUAL. 9. CUT ANO FILL SLCFT5 SMLL NOT tAtXEC 2: I. 10. SEE LAMJSCAT T^AN FOI PERII^TER HALL AMJ FENCE OETA ILS. II. OTAOING tttt BAfymttE UTILITIES TO BE Of^ETEO 1^ DOS COLIN SITE US 03-O4. miVATE SEW AW BAItP AW SfWET LIW^ SHOWN at PLANS TO BE CONSTRUCTED »l IW rwlS PTO-FCT LEQAt DESCRIPTION PROPOSED PARCEL 2 DT US 09-04 BEING A PORTION OF LOT "9' IN RANCHO AGUA NEDIONOA. ACCOROINC TV MAP niEREOF NO 823. HLED IN TME OFFICE OP IHE COUNTY RECORDER OF SAN DIECO COUNTY NOVEMBER le. te9e. TDCEINEW f W PAHCtlS I. 7, J A«0 4 CF PAIKEL UAP NO. I799S. FILED m l»E OFHCE Or IMf COUWrv fffCCWPEF or SAID SAN DIECO CWNTT. ALL IN l»E OTY OT CAnLSflAO, COUNTY or SAN OKGO. STATE OT CAUFORMA. OWNER/APPLICANT HEsr SENICR LIVING R/E LLC A CALirrmiA LIUITEJ) LIABILITY COfANY 3798 ARUAOA DR.. SUITE JOO CARLSBAO, CA naoe (7tO) 49e-7B7l PREPARED BY: I HUNSAKER I &.ASS0C1ATES I OATE I E RESIDENTIAL MOBILE HOME PARK PERMIT AMENDMENT 96-01 (D) DOS COLINAS CITY OF CARLSBAD, CALIFORNIA SHEET 1 RMHP AMENDMENT 96-01 (D) RMHP AMENDMENT 96-01 (D) RESIDENTIAL MOBILE HOME PARK PERMIT AMENDMENT 96-01 (D) DOS COLINAS CITY OF CARLSBAD, CALIFORNIA RMHP AMENDMENT 96-01 (D) FOR CONTINUATION SEE SHEET 5 J RMHP AMENDMENT 96-01 (D) RMHP AMENDMENT 96-01 (D) RMHP AMENDMENT 98-01 (D) EXISTING EASEMENTS NOTES RECORD BOUNDARY AND ENCUMBRANCE PLAT BOUNDARY DOS COUNAS SENton uviNo srm EXISTING BOUNDARY AND ENCUMBRANCE EXHIBIT PREPARED BY: HUNSAKER ^ASSOCIATES RESIDENTIAL MOBILE HOME PARK PERMIT AMENDMENT 96-01 (D) DOS COLINAS CITY OF CARLSBAD, CALIFORNIA SHEET 7 OF 7 COTTAGES AT NORTH CLUSTER IL BUILDING (O IL BUILDING #1 SHEET INDEX IL BUILDING Ki J il COTTAGES AT WEST CLUSTER (Van* Plot Ohn IndgpcnMid LMng E*M Elvf (Uora lnilap*n(Mnl (.Mng Coi>1r*'i> Et*n«on> AL/ALZ BUILDING #4<Jfc, COTTAGES AT • SOUTH CLUSTER —SITE », / 1 Vicinity Map NOT TD SCALf i<fiSIOA'"'WIN PARTNERS SgSIrM •:«;!(•• CH ,i: T,E;-p.f IS,: 145 Fischer Av".u*. Suite S-2 Coele Meee CA 936!8 ).1.)S57ie.8 w*w.lPBOC.C0m lnilip*nd*nll.hlnp UnU Foul PHnt AniMM Ll^ • AHIwkrif Fkil Ftoor AnStid LMng Sinnd FVXK Pbn AiiMwt Loli^ 1 AUnalnHi ftosl Plan Canag* Ftoai Plan A Elavannna - Sfwnlan Ci ColtiBt noa\ Plan t Bavattin* . SeanMn Ci w nDw Plan, a E»viUi>n> PROJECT DATA- IL BUILDING INDEPENDENT LIVING UNIT MIX ASSISTED UVINO ANOALZHemER UNrMIX iN Typi l-2dA l-2dB WDEOENDENT LIVING - I BED IND6PENDGMT LIVING • I BEO-DEN INOEPENOEMT LIVING - 2 BED INDEPENDENT LIVING - 2 BED'OEN WOEPGNOeNT LIVING - 2 BED'-DEN INDEPENDBNT LI Oraund Ftoor Subtarnn**!! Patklng: ADM1NISTFMTION BUILOING CIRCULATION KrTCHE>«DINING LOBBY MECHANICAL RESIDENT ACTIVITY RESTROOMS iS.pgOMi n INDEPENDENT UVINO BUILDINQ AREACALCULATIONB CIRCULATION LOBBY MECHANICAL RESIDENT ACriVITV 16,093 CommonArM ADMINISTRATION BUILDING CIRCULATION KITCHENIDINING LOBBY MECHANICAL RESIDENT ACTMTV RESTROOMS CIRCULATION MECHANICAL RESIDENT ACTIVITY INDE«>ENOENT LIVING - 1 BED INDEPENDENT LIVING -1 BED-DEN INDEPENDENT LMNG • 2 BED INOePENOENT LIVING - 2 BEI>DeN 109.059 cq Tl Total flulldlna Ai**_ PROJECT DATA- AL/ALZ BUILDING umt Typ* B«dc Bithi Oty. ASSISTED LWING -STUDIO ASSISTED LWNG • STUDIO ASSISTED LIVING • 1 BED ASSISTED LMNG • I BED ASSISTED LMNG-IBED ASSISTED LMNG • 2 BED ALZHEIMER -1 BED ALZHEIMER • 2 BED ALZHEIMER • 2 BED 554.94 859.92 1,110 3,890 3.016 ADMINISTRATION aRCULATION KirCHEWOINING LOBBY MECHANICAL ADMNISnWTION CIRCULATION KITCHEN^rNINO LOBBY MECHANICAL RESIDENT ACTMTr RESTROOMS 2.519 12.768 aRCULATION MECHANICAL RESIDENT ACTIVITl' AL2HEIMER -1 BED ALZHEIMER-2 BED ASSISTED LIVING • 1 BED ASSISTED LIVING . I BED ASSISTED LIVING - STUOK) 3.016 5.2S5 15.997 3,BM 13,453 PROJECT DATA- COTTAGES COTTAQES UMT MIX iitr,p. Biauat. atclmtar lainhChifiai (SP] ""f- ISF) IA 1 BE0*1 BAfOEN 1.150 A A.SDD f) 0»oto. 1BED.18A»DEN 1,150 1< .B.IOOA 4.80D 2* ieED*2 8A 1,310 B B.S20 1 l.AVO 3A Zeeo-lBA'DeN 1.3M 3 4.104 2 2.T3B 38 leED'IBA t,<50 5 7.»0 1 1.450 3C 2eEO-2BA'0EN I.BSO B 6,900 O 411 51,874 1 PROJECT DATA-AFFORDABLE UNITS AFPDHOABLE mn Ml [•(t-IA WOEPSNDEMTI {%f~\A INDEPENDENT I a|l-1dA IXDEPENOENTI IH-lil* IN DEPENDENT I (•»-» (aM-lA |a)t-2A MDEPENOENTI [•)WA (N DEPENDENT I (•M-ZA INDEPENDENT I [•H-ZA mOEPENDENT I (•)>-HA INDEPENDENT (•H-W INDEPENDENT ILBHgl TMdFViaf BEO>DEN ILBMgl Plrain»iM ILBlagl PWPliM' ILBdSgl PKHFlMH [•)l-]ilB INDEPENDENT LMNO-IBED'DEN ILBMgl i Dos Colinas West Senior Living, R/E. COLLEGE BLVD. Carlsbad, CA LLC, Independent Living, Assisted Living, Alzheimer & Cottages T PROJECT NO: 0B008 00 PLOT OATE; a/eOT11 INDEPENDENT UVING & ASSISTED LIVING PARKING COUNT -ENTRY MONUMENT COTTAGES AT - WEST CLUSTER COTTAGES AT - SOUTH CLUSTER :^IPA IRWIN PARTNERS ABCHITeoTS Dos Colinas West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Overall Plot Plan A1.0 SCALE: r - 30' m/SlQA IRWIN PARTNERS: SjSSIr/A. A.R C m::T6 c:,T,.:s 245 Rscher Avenus. Suile 9-2 Casia Meta CA 92626 |7 14( 557 244a ofww.lotoe.com IflCMKECTOBE PIANNING CON9UITINO Dos Colinas- Independent Living West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Independent Living BIdg 3 Subterranean Parking & Plot Plan A1,1 SCALE: r • aff •sBirM A,p c H I.T e d t s- J4S FIscner Avenut. Sitlle B-I CotI* Meta CA 62926 (7H| 557 J44S www.iDBOO.com Dos Colinas- Independent Living West Senior Living, R/E, LLC, COLLEGE BLVD. Carlsbad. CA Independent Living Ground Floor Plan A1,2 •IPA IRWIM PARTNERS A fi c H, I T,-'i. i; t,s:- 245 Plachar Avanue. Suit* 6-2 CosIS Mesa CA S26I6 (714) 557 2449 wtnr.iDaoceom CONSOLTINO Dos Colinas- Independent Living West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA PROiECT^p^:|p SCALE: 1" .30 Independent Living First Floor Plan A1.3 •IPA IRWIN PARTNERS A .n .pvFlTjiTie^tJ^T 'S.: Dos Colinas- Independent Living West Senior Living, R/E, LLC. COLLEGE BLVO. Carlsbad. CA SCALE: r . 3ff Independent Living Second Floor Plan A1.4 (ftWIN PARTNERS^ 245 Rachel Avanu*. Suit« B-2 Coall Mesa CA S2626 Dos Colinas- Independent Living West Senior Living, R/E, LLC. COLLEGE BLVO. Carlsbad, CA SCALE: f -Off Independent Living Ttiird Floor Plan A1.5 ROOF PITCH; 4:12 TYP, U.N.O. SCALE: r -30* IRWIN PARTNERS' E.B;T;S-: 2.5 Plecher Avenue. Sulle a.2 Coele Mese CA 9J626 (ne(55J!"a www.lDgoG.com AHCHITEC'Uee PLANNIKO Dos Colinas- Independent Living West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Independent Living Roof Plan A1.6 I SCALE: r • 30' BUILDING 2 > Section A .SCALE: :• - 30" ) Overall West Elevations /SCALE: r • 30' CD I Section B -jteinA IRWIN PARTNERS jjSSIrvH Ancrtijeots 245 PICETie' Averiua. Suila B-2 Cotla Mesa CA 92626 |ri4|5S7 1448 <viirw.ipeoc.com ARCHITECTURE PLANNING CONSUITINO Dos Colinas- Independent Living West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad. CA Independent Living Overall Building Elevations & Sections A1.7 r^ Concrele "S" Tne 18' Overhgnos Sffloolh Trowel Slucea Atumlnum Clail Wlndowa 2' Oeewalnie Foam Trim Oeeorat^e Fion Emiy Doo' S10IW veneei DecoratN« Dvnlce DecDiativa 2" Recess Decorative Quatreloil DecwMlve Metal RaHIno IZ Wood TrelB SCALE: 1/18-- t-O" 9srp- nm m -a. -0 ARC. PROJECTION 2Building 1 SCALE: t/19-« I'-O" VJ i SCALE: t/16* • r^r ll=iWlN PABTNeRS-Dos Colinas- independent Living West Senior Living, R/E, LLC, COLLEGE BLVD. Carlsbad, CA Independent Living East Elevations A1,8 Building 3 ARC. PBOJECTION Aluminum Clad Windoin !' Oecoralfie f^oam Trim Decorallve Pronl EnttY Doo' Stone Vermel DecaralKra Cornice Decorallve 2" RecesB Decorative QuatreloU Decorative Melal RaWng ICALE; 1/16'• V-0" 2Building 1 SCALE: 1/ie- • 1'-0- - PASSAGEVWT 1 SCALE: V16' - r-0- :^IPA IRWIN PARTNERS ARCHITECTS 24S Flacher Avenue. Suite B-i Caata Meaa CA 92826 (714) 557 2448 www.lptoc.eom ARCHITECTUBE PLANNING CON 9 ULT I NO Dos Colinas- Independent Living West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Independent Living West Elevations A1.9 PROJECT NO: 08008 00 PLOT DATE: ftrafilOl 1 mimxajn viw om. - HJt sxa-venaajD tntxuromjo rtnajhtaeteja imn 2Building 3 South SCALE: 1/18- - \ -V I SCALE: 1'18-- I-O" Cortcrel* "S" Hla 18" OverhBFiDS Smoolh Trowel Stucco Aluminum Qad Wlndowa I' Decoralrve Foam Trim Oecoratlva F'ont Entry Dooi Slorw Veneai DecoraNia Cornice Oecoralka 2' Recess Decorate Oualrelo* Decoralke Melal RallInD 12 WoodTrellla The Relationship of Outdoor Lighting to Site and Architecture •^lOA IFtWIN PARTNERS SgSBIrM ABDMITECTS" 245 Plaeher Avenue. Suite B-2 Cotia Mesa CA 92G26 [71') 557 2448 www Ipaoc eom ARCHITECTURE E-LANHINO CON3ULTINC Dos Colinas- Independent Living West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Independent Living Elevations ALIO D M>CAD«aidS_Cg HgMWsaoS.DD UlM SiBtfk Building 3 North SCALE: 1/19-. VJl- 2Building 2 South SCALE: Wie- • I'-O" a Section C- Entry^ t I Cross Section SCALE: 1/8- - 1-0- JSCALE: 1" • 30' Alumlruim Oad Wndowa 2" DasoralNe Foam Titm Decorative Pronl Enlry Dooi Slone Veiee' DecoralVe Cornice Oecoralhre 2" Recess Decofalbe Qualieloil Decm'M've Meisl Railing 12 VV(x>d TreHa ( 3 p-^ i y IRWIN PARTNERS A c )J :i ir £ C'Tvs Dos Colinas- Independent Living West Senior Living, RIE, LLC. COLLEGE BLVD. Carlsbad, CA Independent Living Elevations & Sections A1.11 Concrete "S" Tfc 'S' O'B'hanos Sn^••l^ Trowel Siuccv Aluminom Ctad Wwdows 2" Oecoralive Foam Tnm Deca-ai™ Front Enlry Ooo: Slone Veneei OecoiBiKe Coince Decornlffe 2- Recess Decorative Qual ref oil Decorative Melal RBiKng Wood Iielis 6BIdg. 2 South Courtyard 'D' SCALE: W18-. rJ3- ki:|l-#i|:fllrl*|. Idg. 2 North Courtyard 'D' ALE: i/ie- - r-O- mm y ARC. PROJECTION '.G (TOP OF RETAINIiNG WALL) 411 2 South Courtyard 'C .4 BIdg. 1 North Courtyard 'B' I SCALE; 1/16- • 1',0- VJ •afiSIDA IRWIN PARTNERS • 5yBlrifc\ ::A;s;|:Mii::*:i.t!,t''a:; Dos Colinas- Independent Living West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Independent Living Courtyard Elevations A1.12 I IL BIdg. 3 - West Entrance 2IL. Bldg.3-West Entrance SCALE: r - 1-,0" )IL. Bldg.3-South Entrance .'SCALE: I' • T^I- A IL. BIdg. 3-South Entrance I SCALE: r • I',0- •IPA IRWINPARTNERS ASOHlTEOTS' Dos Colinas West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Independent Living BIdg Entrance l/8"=1'-0" A1.13 Nri imtrvmjo MNcMWM.n naMwoajw a»i j*> ^Breezeway ^SCALEiV - t'^r 2IL. BIdg. 1-West Entrance SCALE: 1- • 1',0" A IL. BIdg. 1-East Entrance I SCALE: r - YJy SIL. BIdg. 1 - East Entrance SCALE: V • \ -V :aJfegiQA IRWIN PARTNERS • •wSlrrn::^ :a D:>:i"i!T' E D T-S: Dos Colinas West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Independent Living BIdg Entrance 1/8"=1'-0" A1,14 f SCALE: 1:1.16 Iff o Quatrefoll & Gable Vent OsCALE: V • t'.O' ••fts IDA IRWIN PARTNERS "SBInAA.' A Fi' C. hi' l,.f: 6 (!:T 5 2.5 FlecAe' Avenue. Sulle B-2 Coele Meie CA 02626 (n'|55T2e.6 www.lpBoe.eom •)Trash Enclosure - Sketch -SCALE: 1' - 1',0- A IL. BIdg. 2 East Entrance I SCALE: r • I'JT Dos Colinas West Senior Living, R/E, LLC. Independent Living BIdg Entrance 1/8"=1'-0" A1.15 COLLEGE BLVD. Carlsbad, CA -SCALE: 1/4- = I'JT •afiSIDA IRWIN PARTNERS • S9>3lr"/n ' A S: c.f). t r i C T s: Dos Colinas- Independent Living West Senior Living, R/E, LLC, COLLEGE BLVD. Carlsbad, CA Independent Living Unit Floor Plans A1,16 I Unit l-2dB I SCALE: 1/4- • V-V •IPA IRWIN PARTNERS A'R (>-H"-r:T':E:6..i;VEi.'. }45 Fiacrie' Avenue. SuHe B-2 Cocia Mesa CA 92626 (714) 557 244B www.loaoccom ARCHITECTURE PLANNINO CON8ULTINO Dos Colinas- Independent Living West Senior Living, R/E, LLC, COLLEGE BLVD. Carlsbad, CA Independent Living Unit Floor Plans A1,17 5Guard House Right Elevation SCALE; 1/4- - 1'-0--SCALE: 1/4- « I-O* i^SCALE: 1/4- - 1'-0' I Guard House Porte Cochere Section I SCALE: V4- - I -O" s^lPA IRWINPARTNERS. A'B :i3i!i1,T.:E.b:!f: S:! I.s Ftachef Avenue. Solle B-2 Cotle Meee CA S: |r:.)S5r2'ee www.lDB0c.cum ARCHITECTUOE PIAHHIMO COr*S0LT Dos Colinas West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Guard House Floor Plan, Elevations, & Section A1.18 •IPA IRWINPARTNERS: •A R D H.I T E C.'T S;' Dos Colinas- Assisted Living & Alzheimer Building West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad. CA Assisted Living & Alzheimer First Floor Plan A1.19 PROJECTNO: 08008 02 PLOT DATE: a'B/2011 :^IPA IRWIN PARTNERS A fl C .H' liT E C'T S : 245 Rac'ier Avenue. Sulle 8-2 Cosla Mesa CA 91626 (;H)557 1448 www.ipBDC.com ARCHITECTURE PIAHNMO CON9UITIN0 Dos Colinas- Assisted Living & Alzheimer Building West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad. CA Assisted Living Second Floor Plan A1,20 i^lPA IRWIN PARTNERS 245 Flaelier Avenue. Sulle B-2 Coala Meaa CA 91626 ITKI5S7 2448 www.ioBOB.eom Dos Colinas- Assisted Living & Alzheimer Building West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Assisted Living & Alzheimer Roof Plan A1.21 SmirVaat^ IntXAOVOalJR MHMIOMJM LIIIUI Mt*i 2East Elevation SCALE: 1/18-- V-O' L6QENQ: ConcrelB 'S" Tile 18' OfSiherigs Smootn Trowel Stucco Aluminum Clad Window 2' Deeo'elrve Foam Turn WoodCorbeii OecoiBllve Cornice OecoiHllva I' Recess Decoraltve Oual'eloil Oecoraltve Melal ReiHng •IPA If IRWIN PARTNERS > B:C H--I,T E C.T'g'': 245 Fischer Avenue, Suile B-2 CoalB Mesa CA 92626 (71') 557 244S vrww.ipB0C.com eg Dos Colinas- Assisted Living & Alzheimer Building West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA AL/ALZ Elevations A1.22 PROJECT NO: 06008 02 PLOT DATE: 8/8/2011 2West Elevation SCALE: 1/18-• VJ3- LEQEND: Concrete "S' Tile 1B" Overhanss Smoolh Trowel Stucco Aluminum Clad WIrtdow 2' OeeoTBtrvB Foam Tjim Decorative Entry Door Wood Cortiels DecorBlf>o 2" Recess Oacoral^ Melal Railno s^lPA IRWIN PARTNERS A R -D.-ti) i..f :E .C,:t. '^ . Dos Colinas- Assisted Living & Alzheimer Building West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA (:0.bUNnM.%\2on«eaaje AL/ALZ Elevations A1.23 PROJECT NO: 08008 02 PLOT DATE: a/8OT11 2Assissted Living South Entrance SCALE: 1' = r^r Assisted Living Soutn Entrance 3ASSIE SCALE: 1 I SCALE: 1' • I'-O' s^lPA IRWIN PARTNERS A n C H I T E D:T:S. Dos Colinas- Assisted Living & Alzheimer Building West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Assisted Living & Alzheimer Building Entrance 1/8"=1'-0" A1.24 tsCALE: 1/4- • 1'jr •rite IDA IRWINPARTNERS •pGIrM A .n CHIT E G T g* 245 Plaeher Avenue. Sulle B-2 Coala Meaa CA 92626 (714)557 2"8 www.lpsDG.com ARCHITECTURE PIANNINO CONSULIiNO Dos Colinas- Assisted Living & Alzheimer Building West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Assisted Living Unit Floor Plans A1.25 SLE|pmGAHEA ^ r SlfEPlHG JREA rl Z-2B 1 CLOSET Closer 1 rl FOYER rl J SCALE ; V*- • 1'^r oUnit Plan Z-2B ••fiSIDA IRWIN PARTNERS •«Slr M A .ft ,O:IJ.'J.'T:'E IS?T: 9: Dos Colinas- Assisted Living & Alzheimer Building West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Alzheimer Unit Floor Plans A1.26 PROJECT NO: 06008 02 PLOT DATE: 8/8/2011 PJanlA SCALE: 1/fl- - 1'-0- 1A- Front SCALE: 1/8- • f-O" Roof Plan IA-Right SCALE: 1/8- « I-Q- r Decorativo Foam Trim, Typ. Decorallve Front Enlry Door Decorative Metal GarBpe Door Slone Veneer 2* Recess HI'Decofalhre Melal Grate al GeM End Louve'edAnic VenI Wood Trellis Wood Oullookera IA - Rear IA - Left SCALE: 1/B- - T-O" s^lPA IRWIN PARtNERS A Fi cvl I.T.'.E C,,T.-S^: 245 Fischer Avertiie. Suite 6-2 Cocta Mesa CA 92626 |71't 557 244B www,iDaoe.com Dos Colinas West Enterprises COLLEGE BLVD. Carlsbad. CA Cottages Floor Plan & Elevations - Spanish Eclectic -1A A1.27 IIJO SP • 1 Bwl'I 8»»i Plan 2A SCALE: t/8- - V-O' lA.LEQEND: Concrete -S* Tile 16- Overhang 4X6 Rater Tails Smoolh Trowel Stucco I- Decoiallve Foam Trim Oecoralive Front Entry Oooi Decorallve Melat Garage Doof 10 WoodTrells Decorative Corbels Decdialive Clay Pi|>te 13 Wood OuHoOkerS • Roof Plan SCALE; 1/8- - i'-O" 2A- Front SCALE: 1/B- « l'.^- 2A - Rear SCALE: 1/8- - VJl- 2A - Right SCALE: 1/B- - T-O- 2A-Left SCALE: 1/6- • 1'-<r • •&90A IfWIN PARTNERS lSBIr>-\ :A' B C' H I:T. E CS.T.S Dos Colinas West Enterprises COLLEGE BLVD. Carlsbad. CA Cottage Floor Plan & Elevations - Spanish Colonial Revival - 2A A1,28 •> Wot Or. • MJl IW SHkrWeOOa JD. 2A Enhanced - Left SCALE: 1/fl- - r-O* Concrete "S" Tile 18' Ove'hanD 4xfiRaner Tells Smoolh Trowel Stucco r OecorBllve Foam Trim Wood Awning DecorsllveCasi \<ant ISecoretive Corbels Wood Oullookeia 1A Enhanced - Left SCALE: 1/8- > I-O" 1ft- Orerhano W 4X6 Rator Teili SrTtoolh Trowel Sluqeo Min. J' Recessed Front WWid. Wood Awning ShuneiB 2" Recess nf OsmralNe Metal Giate at Getile Eni Louvered Attic Ver^t Wood Oultookera :^IPA IRWIN PARTNERS 245 Fischer Avenue, Sulle B-2 Coala Mess CA 92626 (714) 557 2448 www.iOBOC.COm ARCHITECTlfRE PIAHI^INO CONSULTING Dos Colinas West Enterprises COLLEGE BLVD. Carlsbad, CA Cottages Enhanced Elevations - Spanish Eclectic -IA & 2A A1.29 PROJECT NO: 08008 00 PLOT DATE: fl/B/mi 1 Plan 3A SCALE: 1/8- - 1'.0- Concntle -S- Tile IB' Overhang «* 4XeRane' Teili Smooth Trowel Stucco T OecorBUve Foam Trim Decoralive Fronl Entry Door Decoraltve Metal O*r»oe Dooi Stone Veneer 2- Recess Decorative Melal Orale at OaUe End 2" Recess »rf DeeorBtlve Poam Trim ID Decorative Pot Sher W Corbels 0 Window 8TH Roof Plan SCALE: 1/8" - I'^T 3A- Front 3A - Rear «• n tifclwpi SCALE: 1/B- • r-O- SCALE: 1/8' • V-O" SCALE: 1/8- • I'^T -J^inA IRWIN PARTNERS • wSIrM A.R^CH I T E 13 T-J 245 Piscnar Avenue, Sulle B-1 Cosla Meaa CA 92620 (7t4( 557 244B www.1naoe.com ARCHITECTURE PLANNINO CONSULTINQ Dos Colinas West Enterprises COLLEGE BLVD. Carlsbad, CA Cottage Floor Plan & Elevations - Spanish Colonial Revival - 3A A1.30 Plan 38 SCALE: 1/B- • V-O" Roof Plan SCALE: 1/fl- • 1-0- 2' Decor8t)ve Foam T'lm Decorative Front Entry Door Deconttve Metal Oarage Door Slone Vonee' Decorative Oar ''P^ GaMe End Decorettve 2' Receai id Fosm Trim al Qabie End Decorative Corbels SCALE: 1/fl- • T-O* 3B - Right SCALE: 1/8- " I'-ir 3B - Rear 3B - Left SCALE: 1/8- - I-O" SCALE:l/fl* = 1-0- , JSg IDA 'RWIN PARTNERS I f 0 Dos Colinas West Enterprises COLLEGE BLVD. Carlsbad, CA Cottage Floor Plan & Elevations - Spanish Colonial Revival - 3B A1.31 SCALE; \m- ' r-0- Concieie "S" Ttie irOvertisng yl 4X6Ranar Tails Smooth Trowel Stucco 2" tTecoreUva Foam Trim Decorative From Entry CXMI Oecoralive Metal Garage Door Slone Veneer Decorative Clay Pipes «t OaMe Ends Decorative T Recess Wood Trelli Wood OuHHjirera SCALE: 1/fl* - I'-O- SCALE: 1/fl- • r-Q-SCALE: 1/fl* • r-0* 3C - Rear 3C - Left SCALE: 1/fl* • VJT SCALE: t/B- - r-0- •IPA IRWIN PARTNERS, A RUH'i-.T E G.t:3; 2.5 ritchei Avenue. Sulle B-2 Coela Meee CA 9262G [n.)!57 2..fl wwwlDBUceom ASCHireCTUflf PLANMINO CON3ULTIM0 Dos Colinas West Enterprises COLLEGE BLVD. Carlsbad, CA Cottage Floor Plan & Elevations - Spanish Colonial Revival - 3C A1,32 Plan Duplex 1A Roof Plan SCALE: 1/B* - I-O* Concrete "S' Tile 18" OverhenB w^ 4X8 Raltei TaHe Smooth Trowel Stucco 2" Decoralrve Foam Trim Decorative Front Entry Dooi Decorative Metal Oarage Door Stone Veneer Decorative 2" Recess *f Foam Trim el Gable Ei wood Omlookeis Louvered Altlc VenI Duplex 1A - Rear SCALE: V8- • I'-O" Duplex IA - Right SCALE; 1/8- - T-O" Duplex 1A - Left SCALE: 1/8- • I'-O" "IDA IRWIN PARTNERS > Sltl'-A A 0 C H I t E O.T s; Dos Colinas West Enterprises Cottage Floor Plan & Elevations Duplex- Spanish Eclectic - IA A1.33 COLLEGE BLVD. Carlsbad. CA PROJECT NO: 08008 00 PLOT DATE: a/8/»l1 00 MucADinnoa.gs H«MVeraB.» 1AM taaith ^Typical Lignt Fixture SCALE: 1:1.27 pTyp. Gazebo/Seating Area (^SCALE: r = r-0- oTypical Light Fixture OsCALE: 1' - r-O- i Typ. Trellis/Seating Area I SCALE: r • l -O" •IPA IRWIN PARTNERS 245 FUcher Avenue, Suite B-2 Cosla Meaa CA B2B36 [J14) 557 244B www.ioaoc-com ARCHITECTUIE PIANNINC CONSULTINO Dos Colinas West Senior Living, R/E, LLC. COLLEGE BLVD. Carlsbad, CA Perspectives A1.34 ^Tower Roof Plan )Tower Front and Side Elevation ..SCALE: 1/2- " T-O" I Tower Floor Plan J SCALE: 1/2- • I'-O" I SCALE: 1/a- - r-O* —dfajjiriA IRWINPARTNERS mnS\rr-\ A n c H-i C;T.J 245 Piacher Avenue. Suits B-2 Co*l* Meaa CA 92616 (714)557 244S www.lpaoc.com Dos Colinas West Senior Living, R/E, LLC, COLLEGE BLVD. Carlsbad. CA Tower Floor Plan, & Elevations A1.35 0 hnMWMejO l^M tosljih GARUSBAD CA. RESIDENTIAL g^WSb DEVELOPMENT BY WEST LIVIN& A Npl<RESU _ _ . _ . . - . . _ POS COiimS -MVBPmumT^- A55I5TEP LIVIN6' y , J_'ANDS(iAPE CONCEPT PLAN PROJECT TEAM 7» WEST!i..ri8 L>or» DesNSN is-Wi»p aa34 PAJOOAr AVC. LAMDSCAPE MLKHSON OEMSN AROIP m/H&AKCR-1 ASSOCIATE no-i •^"LCS STWOTT &>N DE&O. O 43131 NOTES: PMASIN& OF STE CONSTRUCTION: TME ENTir«E SITE IS SHOMN AS BEING DE^ELOI-ED IN ONE SINGLE PHASE OF ^TtOKK.. IP A, BUILE3INS PERMIT IS NOT PULL£D AND (TS SITB IS INACTIVE POR A FWlOO OP SIX MONTHS OR LONGER IT SHAO-L BE SEEDED WITH A COVER Cr?OP OP FLOriERINC PEI^ENNIALS AND IRRIGATED Y^fTH A TEMPORARY Sl^TtM THIS TEMPORARY LANDSCAPE SHALL BE MAINTAWED IN A HEALTHY AND THRIVING CONDITICW UNTIL BUILI3ING ACTIVITY TAJCES PLACE. SEE SHEET THREE FLrruRE CANTARINI RESIDENTIAL' SUBDMSION BLDS A PRIMARY ENTRANCE nSWr&ATED AJTO « PEDESTRIAN ""^ ENTRANCE MATCH. LINE A ' ^0 CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVIN6 VOe COLINAS - INPEPENDENT4 ASSISTEP Ll LANPSCAPE CONCEPT PLAN -JUNE 20t1 \ •-• \\ . \ • • •Ov •-- \ "•- •. "S. "• \ \ MATCHLINE 'B* NOTES _ . . ._ CITY STANDARCTS - THE FINAL PLAN5 FOR PROJECT LANDSCAPE ARCHITECTI/PIE SHALL COMPLY MITH ALL THE STANDAFICJS IN THE CITTS LANDSCAPE MANUAL IN EFFECT AT THE TIME OP PROJECT APPROVAL. THESE SMALL INCLUDE THE FOLLOWIN©. ftTANCJAKD • sm>*^ MAI/C^vTO CiJf ON ALL SLOres 4H TO tn STANDA/»OS -i. 'a.i »3 STANDAMD "3 • &«CUNDC<3VW STACCD TCS PRO^rJE IVLL COVm>e,i IN ^TAWPAHO "9 • usm »p«ADt** SHmios TO rRcvoe A MiNrnyM o^ TCMS COVCB. AT MATUIVTT THIS IS AN *DDfTV>l TO TME «EiaJ«eMENT5 C "4 OM Aii. SLCrCS TWAT AM. Wl >WO tSREATlW -1.3,91 4" »TWDAW5 •4 • mffiS AHO /Of» UAWftC SMW/BS F"OM A MIN. l&AU-OI tONTAHERS AT A RATH OF 1/300 &F O 30 bO 130 E IMf^iStVCMEKTS SEE SHEET 3 FOR THIS AREA. SCALE 1" » £>0' NORTH SHBET 2OF30 CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT* ASSISTEP LIVIN6' LANDSCAPE CONCEPT PLAN JUNE 2011 r -mo FOR THIS AREA , C<7TTA«e STKffT. surpnEaftioN zona SEE 9MT M tdATi-H-UME-lC:. COU-E6E BCULEVARD PARKWAY VI6NETTE SFT MANUFACTURED SLOPES - PLANTIN6 ••4" /1! mm 30' H<&T SHRliS MASSING w/ HUlCH COLLEGE BLVD. T-1EDIAN TREE MEANDERIN6 SIDEK*ALI^. - 2FT H<5T SHRUBS - STREETSCAPE TREES . 4-6FT HST SHRUBS HAND PLAJ^TED &ROUND COVER IN MOST Birr NOT ALL AREAS f VERY NARROM AREAS HAVE SHRUBS ONLY .- SOUND fHALL w/ VINES ON SLOPES OF 6FT OR MORE HEKSHT PLANTED rtlTH TREES AND/OR L>R&E SHRUBS AT 1/200 SF I^ITH LOW SPREADING SHRUBS OVER lOft OF THE SLOPE AREA AND HAND PLANTED <SROlWD COVERS - SPREADINS SHRUBS OVER 1D% OF THE SLOPE AREA HAND PLANTED ©ROUND COVER CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT4 ASSISTEP LIVINC LANDSCAPE CONCEPT - VICNETTES JUNE 2011 IbO 434 2152 BUILDINSS 143 COURTYARD "A" (SOLF SREENS LANDSCAPE ARCHITECTURE VI&NETTE BUILDINS 1 COURTYARD "B" ASIAN ACTIVITES LANDSCAPE ARCHITECTURE VI&NETTE O IO 30 AO SCAL£ 1" « aO" NORTH CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVIN(S POS COLINAS - INPEPENPENT4 ASSISTEP LIVINC LANDSCAPE CONCEPT - VICNETTES JUNE 2011 T60 434 2152 BUILDINSS *112 COURTYARD "C" SWIM i SUN CENTER LANDSCAPE ARCHITECTURE VISNETTE BUILDIN6 «2 COURTYARD "D" FORMAL FLOtNER PLAZA i SARDENINS CENTER LANDSCAPE ARCHITECTURE VI&NETTE ID 30 AO SCALE r > 20- NORTH SHEET B0R30 CARLSBAD CA, A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST L^/IN<& POS COLINAS - INPEPENPENT$ ASSISTEP LIVINcS' LANDSCAPE CONCEPT - Vie-NETTES MARiSH 2011 IbO 434 2152 VERT. TRELLIS LU/ FLOI^ERINC VINES CARDEN ART RAISED FLO/^ER BED LU/ PERIMETER SEAT mLL PATIO LU/ BENCH SEATINC BLDC '4' ACCENT TREE«»1 BLD6 '4' ACCENT TREE «2 nALL FOUNTAIN PATIO UJ/ BENCH ALZHEIMER FACILITY CBLDlS 4) ENTRANCE COURT L-ANDSCAPE ARCHITECTURE VKSNETTE ALZHEIMER FACILITY CBLDS 4) PRIMARY COURTYARD LANDSCAPE ARCHITECRUE VI&NETTE O IO 20 SCALE 1" » lO' NORTH CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENTi ASSISTEP LIVINC LANDSCAPE CONCEPT - VIS-NETTES T60 434 2152 PRIMARY FRONT DOOR ENTRANCE - BUILDIN© ONE LANDSCAPE ARCHITECTURE VK&NETTE NORTHERN PROJECT ENTRANCE OFF COLLESE BLVD LANDSCAPE ARCHITECTURE VISNETTE ID 20 40 SCALE r t 30' NORTH y CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT4 ASSISTEP LIVINC LANDSCAPE CONCEPT PLAN - VI&NETTES MARCH 2011 IbO 434 2152 //// -| SAFETY FENC^,'-lf 4'' HERE SEE SHTI,1-' '''' SEATINS 01/ OVERHEADt,<-f'' '-^ PLAZA UJ/ ENRICHED- PAVINS. FOUNTAIN <' \',\\ SEATINtS / -<' ; I lU'i 24" SEAT WALL VIEW 4 FLOWER PLAZA - NORTHERN COTTArSE CLUSTER LANDSCAPE ARCHITECTURE VISNETTE \0 30 40 "THE PARK" - NORTHERN COTTASE CLUSTER LANDSCAPE ARCHITECTURE VliSNETTH SCALE 1- « SO- NORTH 5HCCT bOPSO CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT* ASSISTEP LIVINC LANDSCAPE CONCEPT - VIGNETTES PERIMETER OPEN SPACE PASSIVE RECREATION - MID COTTASES PERIMETER OPEN SPACE PASSIVE RECREATION - LANDSSCAPE ARCHITECTURE VISNETTE gj|f||||jjj||J| SOUTHERN COTTASES LANDSCAPE ARCHITECTURE VISNETTE \o 10 *o SCALE r • 30' NORTH IbO 434 2152 '^3 : CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT* ASSISTEP LIVINC LANDSCAPE CONCEPT - STRUCTURES IbO 434 2152 SMATED O SHAOC STWUCTWe Ul/CAMS'** COVW OVER METAt r«AME C*30SIN» CAIMD CANtlLMMD «- AM^HED STEEL PA«£Ci RAFTl ARCIN6 wAfTW-Tie se*H IWIDOI^ 4«ID lu/ TlWSl.UC»fT (•ANSJ f«Ar BOTH BHDS HCAVT TIMBER "OST COURTYARD 'A' 60LF KIOSK / SHADE STRUCTURE CONCEPT DESI{3N COURTYARD B' ASIAN SHADE STRUCTURE CONCEPT DESI(&N COURTYARD 'C POOL SHADE STRUCTURE CONCEPT DESIGN - FLAHTHD KOOf IN STEPPED SATS */ INTESRAL IRRIftATION, MLE> FLC^tFS - CENTRAL SFINE SKTLISHT l*OCI[3 LATTICE PANELS - CD4TRAL SPINE SKTLISMT— CVTCM OOCm. BJTRT •ORWAMENTAL <6LASS - FRONT CWLY CMU BASe IWkPPED 11/ STONE LO)"^ BAAIN IU/ 5€ATMS EDOE 'PAR<' FIREPLACE CONCEPT DESISN COURTYARD 'D' LATH-HOLJSE CONCEPT DESISN 'PRIMARY FRONT DOOR' FOUNTAIN CONCEPT DESISN — FOJR. POST COLUMN BASE w/ STWe TArtRSJ flOOD POST BASIN ur/ S£AT»<a -COWLE FKLED >^TBI. BASIN ft-iofl n I rtoOD FIN FLAMHASLE TRELL& BEAMS w/ 9*HIA>>rEC rioOD FINISH - 6-5<a sreeL POST I-WAFPEO SAS C«eD PT c>< SHUT OTP •PARK' ENTRY TRELLIS CONCEPT DESISN ARCINS OVERHEAD SHADE TRELLIS CONCEPT DESISN PLAZA FOUNTAIN NON COMBUSTIBLE fNC; - OVERHEAD TRELLIS STRUCTURE INTIMATE SCALE FIRE PIT CONCEPT DESISN CONCEPT DESISN CONCEPT DESISN O O O NOT TO SCAi.E NORTH CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT4 ASSISTEP LIVINcSj mTER CONSERVATION PLAN SCALE• 60' NORTH 'CT CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT^ ASSISTEP UVIHO mTER CONSERVATION PLAN STATEMENT OF PROJECT WATER CONSERVATION CONSTRUCTION OF OOS COLINAS WILL FOLLOW T>^IS CONCEPT PUA^H MAKINS PLJANTINS ZONES 2 < 3 -DKOJ&HT TOLERANT BY IMPLEMENTINS THE CARLSBAD LANDSCAPE MANUAL AND CARLSBAD ZONING ORDINANCE CS-OSI. WATER USE PLAN PLANTING ZONES ONE. THREE AND FOUR .ARE IDENTIFIED ON THIS PLAN. ALL OTHER AREAS WITH NO IDENTIFICATION ARE PLANTING ZONE Tt^. SEE TABULATION OF ALL PLANTING ZONES ON THIS SHEET. WATER USE CONSERVATION DATA TOTAL SITE AREA 34,1 ACRES TOTAL LANDSCAPE AREA - ON SITE 11.S ACRES - OFF SITE 1.5 ACRES ZONE ONE 32,115SF .14 .ACRES 3.6% OF iq.SAC. ZONE TWO 534,.13TSF. 12.2 ACRES 62% OF 11.5AC. ZONE TWO fOFF SITE-NORTH COLLEGE BLVD; 34.452SF ZONE THREE 61.212SF. 1.66 ACRES 4.% ZONE FOUR TT.400SF. I.T ACRES SHEET 120P20 -0 <— \ CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS DOe COLINAS - INPEPENPENT* A55I5TEP LIVIN(3 mLL CONCEPT PLAN kSITH EXISTINCS' TREE LOSS DATA MARCH 2011 EXISTING EUp. p- - - • • \' ''.^-.r\--<'T^iM'4T^s'.TI*l!l!s'ikT>rifiLO<UTW TREE fOFFiirT )' /-5FT P.LyO.Sr->X _ ^ '•V''\ ^\ JS'SS^Ji?**'^'*''— TO REMAIN? TRAIL SAFETY FENCE HERE „. TRAIL SAFETY y//f ' yQi, FENCE HERE li I/f,', / - ',?/•;-'•••/''' TREE "A' <''Ffi . '• f .Tts>jL>AF$TY,'\ • r'. <iiillk \ '"^^c '^IFjit;-'J •' '''HI EXISTINC TREES TO BE REMOVED 'inr'tt"»in'ni TREE "A" EUCALYPTUS 40FT ijtunt wionl I 1 1 \ / ,y V:,:) 1 •;;,;vv, v.;:'\ •••A ':;A ^f-.-(y-TREE ••Ell'.v.. ,>x''. '..\\\, V \.^''''.^V';.-^''~J:.'\''>\'\\ "\.-\ •;^'^..-v',''^'\ '\\. ^VsX TREE "B" EUCALYPTUS MULTI-TRUNK 40FT 30 eo 120 _^ , .„__^ .. .!?^&rtUNE SCALE r' > bO' NORTH SHEET 15OF20 CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT* ASSISTEP LIVINC FIRE PROTECTION PLAN JUNE 2011 TfeO 434 2152 SHEET 140FaO CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT4 ASSISTEP LIVING FIRE PROTECTION PLAN NOTES: FIRE PROTECTION MAINTENANCE - UNLESS OTHER)^E APPROs-ED BT THE CITY, THE OrlNER OP THE BUSINESS SHALL BE RESPC5N*IBLE TO CONTRACT FOR THE iONTlWAL COMMERCIAL dRADE MAINTENANCE OF ALL PROJCCT LANDSCAPE TO INCLUDE TWC FOU-CTfNS; I SWAGING OP TREC BRANCHING ANO "LXilNa OUT" OP ALL TKffi CANOPIES AT A MINIMW-t OP TMCE A fEAK.. 3 ALL SPENT/PCAO FOLIASE PIITMIN TNG PiRC ZONES SHALL BE TRIMMED ON A MCNTHLT BASIS, ALL Ct/TTINSS SHALL BE REMWED FROM THE SITt UNLESS A COMPOS TIN© uOCATION/PRACTlSE HAS BEEN ICJeNTIPICD AND APPROVED BY THE CHY. 3 ANY AREA OP NATIVE VCfiETATION SHALL BE RtVIEPiED EACH r&« frt LATE SPRIN* TO DETERMINE IF THINN1N6 IS REOUIReO. VSaETATION OvW 34 INCHES IN HEI&MT MILL BE LIMITED TO lD9b OF TME AREA. ALL TREES SHALL HAVE THEIR CANOPY PRfNNED UP TO 16 FEET ACCWE TME TOP &ROl*4D VE&ETATION. O 25 SO IOO 300 SCALE r • SC NORTH JULY 2011 tbO 434 2152 CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENTi ASSISTEP LIVINC mUL CCNCEPT PLAN I^ITH EXISTING TREE LOSS PATA JULY 2011 EXISTING* TREES TO BE REMOVED SEE SHEET 15 FOR TVIIS AREA 30 bO 120 SCAL£ I' . 60' NORTH SFT BASIN ENCLOEORE FENCE TREES "C.DlE" SAMBUCUS - ELDERBERRY 20FT. SHEET IfeOFSO c— CARLSBAD CA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENTi ASSISTEP LIVINC mLL, FENCE S SICN DETAILS EDSE TREATMENTS LE6ENP -m. 1 m •— • —o—o- -X X-—X—^x- • • RUNNING CAP w/ CHAMFERED ED6ES Masonry KNall 50/50 •Nail 50/50 Fence Ornamental iron Fence Trail SaFety Fence PL /OS Fence Basin Fence Predator Fence A Predator Fence B . CAPPED STONE FACED MASONRY PILASTER • INTERVALS - CLIMBING VINES ON t^LS PER PLAN JULY 2011 160 434 2152 URNS Ul/ FLOriER COLOR ON MASONRY SHELF 35 StaUARE FEET ENRICHED FIELD LU/ RAISED LETTERS 30-45 ft j PILASTERS W/ STONE a i / TO MATCH SOUND .3=4 ,ft..^^/ ^^^^^ •> BASE INHERE NECESSARY FOR SOUND ATTENUATION - NOISE ATTENUATION t^ALL ADJOINS MONUMENT 5I&N ENTRY MONUMENT Si6N CONCEPT DETAIL - 3/4*" sea PICICETS 9 5" 5PACtN(3 MAX, 2" 501 POST • fiPT MAX, 2" S(3 POST « SFT MAX. ORNAMENTAL IRON CONCEPT DETAIL 1-5/6" SALVANIZED POST * 6FT MAX, CONTINUOS 6ALVANIZED l^tRE HEIGHT NOTED ON THE PLAN MASONRY KIALL CONCEPT DETAIL PL- OS/LAR6E BASIN FENCE CONCEPT DETAIL • CAPPED STCt4e FACED MASONRY PILASTER « INTERVALS - PLEX - GLASS PANELS MASONRY BASE - SPLIT FACED BLK C BLX Ml/ EXTERIOR PLASTER 50/50 mLL CONCEPT DETAIL - CAPPED STONE PACED MASONRY PILASTER • INTERVALS - ORNAMENTAL METAL FRAME t PICKETS 50/50 FENCE CONCEPT DETAIL TOT CABLE - 5/6* NYLON fBLl/EJ BOTTOM CABLE - 3/6" GALVANIZED STEEL TRAIL - SAFTEY FENCE CONCEPT DETAIL NOTES; 1. '(SARDEN ART MAY BE ; SCULPTURE. STATUES. OBELISK, BIRDSATH, iSARDEN (3LOBE, SUNDIAL - CHAIN LINK FENCING PAINTED BLK OR VINYL COATED A" DIA LODGE POLE POST - 3" DIA LODGE POLE HORIZONTAL RAILS CONCRETE FOOTINGS FINISH GRADE - PREDATOR FENCE 'A' CONCEPT DETAIL 4- DIA LODGE POLE POST - 2' DIA LODGE POLE HORIZONTAL RAILS CONCRETE FOOriNGft PREDATOR FENCE B' CONCEPT DETAIL SHEET l-fOF20 N N &ROUNP COVgRS alternative plant material that are canidatees for use in the final planting plan T R e e LIST T R g £ LIST BOTANICAL NAME LARGER SLOPgS COMMON NAME Size < STACMNd TYf«/ARCA BOTANICAL NAME Approx. auanttty i Site •t matallfltlon TYPE/AREA BOTANICAL NAME Approx. Ouantity t aii« at inatallatlon SACCHARIS PILLULARIS LON.CERA JAPONICW-I ROSMARINUS PR09TRATV5 LARGER SLOTEft DIHARF COYOTE BUW HALL S HONEYSUCKLE PROSTRATE ROSEMARY Flatted matsrM Ifi" oe. tneme support! COLLEGE BLVD CITYa PRSCRBCr STREETSCAPE CINNAMONUM CAMPHORA CAMPHOR TREE G LAMPRANTHUS SPEIES MVCrORUM PARVlFOLIUM ROSMARINUS IRENE ICE PLANT NCN PROSTRATE ROSEMARY ( me<i\ai„ LIORIODENDRON T\A.IPIFERA PYRUS KAr«A<AMII TULIP TREE EVERGREEN PEAR LARi&ER SLOPEft IN PIRE SUFPRESSION ZONES BACCHARIS PILLULAREIS LAMPRANTHlfS SPEIES MYOPORUM PAR.VIFOLIUM DtHARP COYOTE BUSH ice pn>.NT NCN flatted fTiaterlal IS" oc. 12' oc 12' oc MINOR SLOPES < PLAT AREAS FESTyCA SPECIES FRAGERIA CHlLOENSIS GAZANIA SPECIES POTENTIAL VERNA FESCUE MILD STRAI-eERRY GAZANIA SPRING CINOUEFOIL riotted material 12" oc MEAPOt*< - UNCLIPPSP AREA 1 CHONDROPETALUM TECORUM CAPE RUSH l^al* 36' OX,. MESPERALOE PARVIFLORA RED TVCCA \ga\9 2A"0.C PENNISTUM SPATHILTUM NCN plugft « lft"0,C, PHORMUM TENAx TONY TIGER' HYBRID FLAX Flatted material MEADOVN - UNCLIPPEP AREA a 12- oc In drifts FEST^JCA MAIREI HELICTOTRICHCN SEMPERVIRENS SI SYR INCH lUM BELLUM MgADOl^ - UNCLIPPBP AREA S ALTAS FESCUE pKiga - 13" O.t, BLUE OAT GRASS pluqa - 13" O C. BLUE EYED GRASS plug* - randum clup* • bO' THRIFT plu^a « random groups BERKELEY SEDGE plugs • 13" O.C. CALIF MEAPOI^ SEDGE phJfls • T o.c. l*CSTERN MEADC»i SEDGE plu^fi • 12:O.C. MEDC»N SEDGE plug* • 13" o.c. ' BUFFALO GRASS ptuga « f OJC. MEADOW - CLIPPgP AREAS ARMERIA MARTIMA CAREX DIVULSA CAREX PANSA CARCX PRAEGRACILI5 CAREX PENDULA UC VERDE CAREX PANSA CALF MEADOi SEDGE CAREX PRAEGRACILIS rl M, SEDGE UC VERDE BUFFALO GRASS PUTTING (SRgeS phjgfl m If oc. plugs • 12" OA. PROJECT ACCENT TREBS SMALL/MEDIUM SCALE FLCWHERING TREES CASSIA LEPTOPHYLLA CERCIS CAJ-IADENSIS LAGERSTKOMIA INDICA LIGUSTRUM LUCIDUM I PRIMBRY SHADE TREES CfNNAMONLW CANPHORA PODOCARPUS G.*CILIOR GOLDEN MEDALLIAN TREE EASTERN REPBlfl? CRAPE MYRTLE GLOSSY PREVTT MBiD-LARGE SCALE : L>R»K CANOPY SHAPE PROVIDER CAMPHOR TREE FERN PINE HYBRID BERMUDA STOLENIZED o o o o o o VBRTICLe FORM TREE HARROW LARAE SCALE CUPRESSUS SEMPERVIRENS fTALlAN CYPRESS FALL COLOR TREE DECIDUOUS IV CHANGING FOLIAGE COLOR ALNUS RHOMBIFOL1A K*IITE ALDER PLJ».TANUS RACEMOSA l-eSTERN SYCAMORE POPULUS FREMONTII WESTERN COTTOtV^iOOO RIPAR1,hN TREE "a MEDIUM SCALE evERARBEN SAMBlft^ MCXICANA MEXICAN EL^RBERRY SALIX LASIOLEPIS ARROYO t^LLOfl FULL FORM TTWC BMALL-MBDUM SCALE FOLIAGE TO GROUND JUNIPERUS CHfNENSIS TVSISTED JUNIPB* T0RUL05A' I CANOPY TREE MEDIUM-LARGE SCALE EVERGREEN (*ULL CANOPY OUERCUS AGRIFOLIA COAST DVE OAK SDIABLC FRUIT PROOJCCR LARGER SCALE ORCHARD TREE '2 EDIADEL FRUIT PRODUCER SMALL-MED. SCALE CITRUS OFF TEMPORARY SLOPE - STANDARD "4 EROSION CONTROL TREE LYONOTHAMNUS FLOR. CATOLINA WONf-OOD 40-45 24t)OX 35-40 24-bOX loO'tiO S4"bax 39-99 SA- box 6S-« 24-bOX 100-10S 24't>0)C 90-60 a*"box 20-29 34 bo>< 1S-30 24tiON 110-120 COTTAGE STREET TREE MEDIUM SCALE CLEAN TREES ARBUTUS -MARINA' NCN CALLISTEMON VIMINALIS •"CEPING BOTTLE BRUSH MAYTENUS BOARIA MAYTEN METROSIDERUS EXCELSUS NEM ZEALSND XMASS TREE ULMUS PARVIFOLIA EVERGREEN ELM COTTAGE ACCENT TREE SMALL/MEDIUM SCALE FLOtNERIN* TREES o CASSIA LE^OPHYLLA CH10NANT>WS RETUSUS FEUOA SELLOniANA LAGERSTROMIA INDICA MAYTENUS BORIA GOLDEN MEDALLIAN TREE FRNGE TREE PINEAPPLE GUAVA CRAPE MYRTLE MAYTEN TWEE KiESTBRN SLOPE E.C. TREE *1 MEDIUM SCALE : SOIL BINDER AGONIS FLEXIOSA PEPPERMINT TREE LYONOTHAMNUS FLOR. CATOLINA IRONKOOD neSTERN SLOPE e.C. TREE "2 SMALL SCALE SOIL BINDER ARBUTUS UNEDO STRAi-eERRY TREE COURTYARO 'A' THEME TREE "1 APIAUCARIA HETEROPHYLLA NORFORK ISLAND PINE THEME TKEE «a GINKO BILOBA MAIDENHAIR TREE COURTYARO B' TMBME TREC "1 PINU5 THUNBERCIANA JAPANESE BLK PINE TMEME TREE "2 ACER PULMATUM JAPENESE MAPLES CHKJNANTHUS RETUSUS FRINGE TREE COURTYARD THEME TREE "1 SYAGRUS OUEEN PALM ROMANZONFFIANUM TMEME TRCe "2 ARCHONTOPHOENIX KING PALM CANNINSHAMIAN ROYSTONEA RIGIA ROYAL PALM COURTYARD "D' THEME TREE "1 MAGNOLIA GRANDIFLORA MAGNOLIA THEME TREE "2 HYMENOSPORUM FT>.VIUM nEDDING TREE BLDG 4 C^RTYAROS ACCENT TREE »1 BETULA PENDULA EUflO rWTE BIRCH ACCENT TREE -2 CERCIS CANADENSIS EASTERN REDBUD CHIONANTHUS RETUSUS FRIN&E TREE <10-100 isgatlon 6-a 96i»oK ao-so a^-boK IO-19 96'box 99-40 34-Box 20'29 12rt BT lO-lS 12fl BT 6-A 56"bOx 10-1.* 24150X ft-IO 96"box NATURAL MEADO)*! LOn MOISTURE HYITROSeED MIX BASIN *3 TO HAVE ADDITIONAL SHRUBS fPER BIO REPORTJ SEE SMRL© LEGEND - SMTI^ VINES - GROUND ON rtALLS ANP FENCES OFF 5iTE-EROSit:?N CONTROL - SCEDMIX TEMP. IRRIGATION SEED MIX ON SHEET 11 BRIP&e AREA - (SREEK SiPE BOTANlCAl- NAME •-^MMiTiN NAME SI2g - ALL Tf") BP H fi*L I ON BOTANICAL NAME COMMON NAME Ciematle armandl! Dl9tIctus bucclnatoria Jasmlnum laurlFoHum Evergreen Clematlft Blood Red Trumpet vine Shinning Jasmine Partner>oci»BU* trlcuspldata Boston ivy Rhlocb&iis compenslB Evergreen Grape Tracneiospermum Josmlnoides star Jasmine TEMP. iRRI6ATiON Plugs In srmorFlex <^ell« » l/i^ell ANEMOPSIS CALIFORNICA YBROA MANSA JUNCUS ACUTU9 SPrNY RUSH JUNCUS MCXICANU6 MEXICAN RUSH SRIP&fi AREA - CRES< SIPS B' TEMP. IRRIGATION Plug* in armorflaX cell* • Vtell BOLBOSHOENUS MARlTlWUS PRAIRIE BULRUSH RuauS URSINUS CALIF. BLACKBERRY SALIX _ASIO WILLOW riisTANOARDS - THE Fft*AL"PLANS FOR THE PROJECTS LANDSCAPE ARCHITECTURE SH^iO. FULLY'COMPLY r<TH THESE PLANS AHD ALL THE .HOARDS IN THE CITYS LANPSCAF^ MANUAL IN EFFECT AT THE TIME OF APF^T^^AL. >»ION CONTROL - THE POTENTIAL OF SOIL EROSION SHALL BE MITIGATED THROU&H AM EFFECTIVE LANDSCAPE TREATMENT. EROSION CONTROL ATHENT STANDARDS "l.-S.-S «M AS DEFINED IN THB CHYS LANDSCAPE MANUAL ffV.E 1*aj SHALL BE FULLY IMPLEMENTED IN THE CONSTRUCTION SUMENT PLANS FO« THE PRCUecT. BI\Atn - THESE AREAS MLL BE PLANTED TO ALLOW DRAINAGE TO MOVE THROUGH THEM. ALL AREAS THAT l^LL HAVE STORM r»ATER MCVING =R THEM niLL HAVE A IOO% GROUND COs/CR PLANTING. THESE r<LL SLOT! THE MOVEMENT OF THE 1V.TER ENCU&H TO CATCH POLLUTANTS THAT . THEN ENTER THE SOIL TO BE BROKEN OGFiH BY MICRO ORGANISMS. IN AODITIOH. rWERE SPACE ALLOrfi TREES AND LARGER SHRUBS WILL •O BE PLANTED TO AJD N SOIL STABILIZATION AND STRUCTURE. ,L KSATBR - THE PROJECT HAS THE OPTION TO IRRfGArC ALL PLANTED AREAS MTH ON SfTE rCLL rVKTER. HTENANCE ALL PLANTED AREAS SHALL BE MAINTAINED IN COMMON BY THE OPEFIATORS OF THE FACILTTY. ! SUPPRCSCION^ ONLY LOn FUEL PLANT MATERIAL SHALL BE USED AS GROWD COVERS IN FIRE SUPPRESSION ZONES, >^TW ddNftBKVATkW / xEHiftJA^e - EVERV ATTgMW 5HALL BE MA05 T^t CflMPUi'TE TMfe IMfc LANDSCAPE rrS INSTALLATION AND PERFORMANCE OF LONG TERM MAINTENANCE rflTH THE GOAL Of rt*.TER EFFICENTCY PLANT MATERIAL KSfLL BE GROUPED INTO ZONES OF COMt-lON WATER NEEDS. THESE SRCUf^ WILL DEFINE THE BOUNDARIES OF INDIVIDUAL IRRIGATION SYSTEMS. IRRIGATION WILL STRIVE TO MAXIMIZE THE USE OF THE MOST EFRCIENT TYPES OF WATERING SUCH AS DRIP ANP LOW FLOW. CONTROL OF IRRIGATION SYSTEMS SHALL imLIZE THE MOST OlRRENT HIGH TECHNOLOGY THAT MONITORS MOISTURE . RAINFAIJ. AND WEATHER CONDITIONS, MAINTENANCE SHALL USE WATER USE EFFICIENCY AS ONE OF ITS HIGHEST PRIORlTieS SUONG ALL PFIACTICES. txiS-nN* TREES: IN ADDITION TO THE TREES REMOYED FOR COLLEGE BLVD fCOvT!RED BY EIR NO. t6-03 SCH NO W11062J THERE ARE TWELS'E MATURE TR^ TO BE REMOVED FOR THE CONSTRUCTION OF THIS PROJECT. THESE TREES ARE SHOWN ON SHETTES IS 1 16 OP THIS PACKAGE. TOTAL AREAS - SITE AREA 42.1 ACRES : AREA IN LANDSCAPE FLANTTNS 23.35 ACRES f52%J NOTES 4 LE<SENPS Pos Colinas Carlsbad, Ca IbO 434 3152 Sheet ieoF30 "7 N N alternative plant material that are canidatees for use in the finai planting plan S H R U B LIST • Drainage Basin "3 College Blvd parku/ay Fire suppression zones Focal Plantings Slopes/Erosion Contol Mass planting - Flat Screening < Hedges •^er CleansIng/BloSiuales Courtyard Theme Ground Plantings Court 'A' Court "B' court 'C Court T2' BIdg 4 Court 'V Court '2' liners 4 1 gai • viOOsf fper final bio report) 30%igal/T0%5gal«i/50sf SD%-igaU50%-5gal e i/iDOsF 50%-lgall50%-5gal • 1/10sF 1 gallon 60% coverage e maturity 50%-lgal4BO%-5gal « ^0% coverage 5 gallon 1/2IF • 50%-lgal450%-5gal«l/ioosf lu/g c. " 5 gallon « i/ioosF • 36" HGT FOR PARKING • IN ADDITION TO G.C£7VERS Abut lion species XcHlllea species COMMON NAME Chines Lantern Acorus species ~AgapanUius afi-canu& __Anlgoianihos species Arbutus une do __Acrto6taphylo9 species Artemisia species _Aftpara9us species _A»plenlum species Bacchsrls SBllcirolla Bambousa species __Bcrberls species ""£«Bnothus griseus horli. |~&hondropetaluin spies Cotoneaftter species Encella callFornIca Lily of the Nile Agave Aloe Kangaroo pan Busti Anemone Carmel Creeper Cape Rusn Wild iris Rock Rose Breath of heaven Australian Tree Fern Sago Palm Coast SunFlower Heath Tremontodendron species Flannel Bush Grevlilea species Hellcotrichon oempervlrcns Hemerocallls species Lantana Spreading sunshine Lavandula species _M*ionla aqulFollum _Ml8canthus species Munuenbergia rigens "Tierlum Oleander Optunia species ^Pelargonium species _Pennlsetum species PHormlum tenas l^lttoaporum species Pterldlum agulllnum "Pyracantha species Rhaphlolepis species "~fthamnu6 species Rosmarinus "Ken Taylor" __5alvla species sesleria species ~^tlpa species ~5trelltiia reglnea Tegetes lemmonll "Toxlcodenrdorn divers, "jiylosma conge stum Blue Oat Grass Daj lify SW Spiny Rush Lantana Lavender Texas Privet Trailing Geranium Fountain Grass N.z. Flax Leatherleaf Fern Fire morn Wdlan Hauthorn RObe Rosemary CallF, Blsckberrij Leatherleaf Fern Sage Birds oF Paradise Mtn Marigold rtesLem Poison Oafe Shinny Xytosma OFF SITE EROSION CONTROL SEED MIX-TEMP SLOPES "COASTAL SAGE 5CRB MIX" OFFERED BY S4S SEED MYTJKO&eeO AT S4 LSS/ACKE EKIOOICTYON CRASA^OLUH EKlOdCNUH rASCICVLAUM eWOTMYLUlM CONFCRTIFLOmiH eSCHSCHOLUA CAJJPORHtC*. LAATNO^IA &LASRATA LOTUS SC<3rAKUS Lurwus succut£MTi» HiMULUS AI;RANTIACU5 THICK-LEAF YERBA SANTA CA4JF. BUCxr»HEAT &OLDB4 YARROW CALIF. POPPY SOLOFieLPS AWOYO LUFINC h^SSCH RED MONKCYFLOI-CT NOTES 4 LE<SFENPS Pos Colinas Carlsbad, Ca 9J Sheet i«iof30 CARLSBAD OA. A NON RESIDENTIAL PLANNED DEVELOPMENT BY WEST LIVINS POS COLINAS - INPEPENPENT4 ASSISTEP LIVINS- VNATER USE PLAN MARCH 2011 NdtTC!,ASET*S(;ALe, NORTH SHEET 2O0f2O PARKING * GARDENERS ACCESS- SCALE 1'""40' NORTH NT L E alternative plant material that are canidatees for use in the final planting plan TREE LIST SHKUg LIST N Approx. Ouantity I ei2« at mstHlatlon TYPE/AREA BOTANICAL NAME PBSCRIPTtON COMMON NAME Approx. Quantity I Slie at installation D o CHANGING FOLIAGE COLOR RIPARIAN WOODLAND TREE DECIDUOUB ALNUS RHOMBIFOLIA K*llTE ALDER PLATANUS RACEMOSA CALIF SYCAMORE POFVLUS PREMOWTll WESTERN COTTCNC^SOO FULL FORM TREB SMALL-MEOIUM SCALE FOLIAGE TO GROUND JUNIPERUS CHlNENSiS TWISTED JUNIPER TORULOSA' CANOPY TREE MEDIUM-LARGE SCALE EVERGREEN FULL CANOPY OUERCUS AGRIFOLIA COAST LIVE OAK BCRCCN TREE SMALL-MEDIUM SCALE EVERGREEN CAL NATIVE LYONOTHAMNUS CATAUNA IRONk-OOD FLORIBUNDUS 90-40 a4 box BS-40 34'bOH S0-4O isgal o COLLEGE BLVD SLOPE TREE '1 DECIDUOUS W/ CHANGING FOLIAGE COLOR PLATANUS RACEMOSA CALIF SYCAMORE FOPULUS FREMONTII WESTERN COTTONWOOD COLLEGE BLVD BLOB TREE "9 MEDIUM SCALE EVERGRaEN VERTICAL TREE LYONOTHAMNUS CATALINA IRCNrtOOD FLORIBUNI^IS (& ROUND COVERS O F»YRUS KA**»AKAMII EvtFlGREEEN PEAR 12-14 34"bOX 12-14 24-box 30-22 24-box BOTANICAL NAME LARGER SLOPEft BACCHARIS PILLULARlS LAMPRANTHUS SF^IES MYOPORUM PARVIFOLIUM ROSMARINUS IRENE COMMON NAME D**»ARF COYOTE BUSH ICE PLANT NCN PROSTRATE ROSEMARY :iii~MZ i_f!i_!IL 111,. Ill:" n MINOR SLOPES 4 PLAT AREAS FESTUCA SPECIES FESCUE FRAGERIA CHlLOENSIS WILD STRAWBERRY GAZANIA SPECES GAZANIA FRONT EDGE NATURAL FECTUCA MAIREI MUHLENBERGIA RIGENS SIZE 4 SPACING flatted mat«ral 1 Flatted material 13' oc DRAINAGE CLEANSING SrtALES CAREX PRAEGRACILIS CAF<EX SPISSA JUNCUS ACUTUS JUNCUS DUBIUS JUNCUS MEXICANUS DI6TICHLI5 SPICATA LTMUS TKITICOIDes MUHLENBERGIA RIGENS OENOTHERA CLAtFORNICA TOXICODENDRON DIVERS, CLUSTERED FIELD SEDGE SAND DIEGO SEDGE SPtNY RUSH MARrOSA Rtew MEXICAN RUSH SALTGRASS BEARDLESS MLDRYE DEER GRASS CAL, eVENWG PRIMROSE WESTERN POISON OAK TEMP IRRIGATION all planted from plugs • iS'o VINES • GROUND OW WALLS ANO FENCCS plugs • Ifl'o.i plugs a lS"o. BOTANICAL NAM E COMMON NAME Size - ALL TO BE 9 GALLON NOTES ^j.xjJ^xJu> Clematis armandl I Dist Ictus buccinator la Jasmlnum leurlFollum Parthenoclssus tricuspid ata Rhioclsflus campensis Trachelospermumjabminoldee Evergreen Ciemttis Blood Red Trumpet Vine Shinning jasmine Boston hA| Evergreen Grape Star Jasmine CITY BTANDARPS - THE FINAL PLANS FOR THE PROJECTS LANDSCAPE ARCHITECTURE SHALL FULLY COMPLY WITH THESB PLANS AND ALL THE STANDARDS IN THE ClTYS LANDSCAPE MANUAL IN EFFECT AT THE TIME OF APT-ROVAL, EROSION CONTROL - THE POTENTIAL OF SOIL EROSION SHALL BE MITIGATB? THROUGH AN EFFECTIVE LANDSCAPE TREATMENT. EROSION CONTROL TREATMENT STANDARDS •l.'a.'S l«4 AS DEFINED IN THE CfTYS LANDSCAPE MAMJAL flV-E \»3) SHALL BE FULLY IMPLEMENTED IN THE CONSTRUCTION DOCUMENT PLANS FOR THE PROJECT. MAINTENANCE - ALL LANDSCAPE PLANTING WILL BE MAINTAINED BT THE OPERATORS OF RANOHO CARLSBAO. WATER CONSERVATION / XERISCAF^ - EVERY ATTEMPT SHALL BE MADE TO COMPLETE THE DESIGN OF THE LANDSCAPE. ITS INSTALLATION AND PERFORMANCE OF LONG TERM MAINTENANCE WTTH THE GOAL OF WATER EFFICENTCY. PLANT MATERIAL WILL BE GROUPS? INTO ZONES OF COMMON WATER NEEDS. THESE GROUF^ WILL DEFINE THE BOWDARlCS OF INDIVICT/AL IRRIGATION SYSTEMS. IRRIGATION WILL STRfVE TO MAXIMIZE THE USE OF THE MOST EFFICIENT TYPES OF WATERING SUCH AS DRr A«D LOW FLOW, CONTROL OF IRR1GAT«» SYSTEMS SHALL UTILIZE THE MOST CURRmT HIGH TECHNOLOGY THAT MONITORS MOISTURE . RAINFALL AND WEATHER CCWPmONS. MAINTENANCE SHALL USE WATER USE EFFICIENCY AS ONE OF rTS HIGHEST PRIORmES GUIDING ALL PRACTICES. EXISTING TREES: OTHER THAN TREES REMOVED FOR COLLEGE BLVD fCOVERED BY EIR NO. flB-Oa SCH NO "WllOSaJ NO MATURE TREES ARE BBNG REMOV ED FOR THE CONSTRUCTION OF THIS PROJECT. EPSE TRgATMENTS EP6E LE6ErjB_ 1.5/6- GALVANIZED POST • 6FT H - CONTINUOS GALVANIZED WRE WATER USE CONSERVATION PATA Storage Yarci l^ll cnaln Link Fence Slopes/Erosion Contol Mass planting - Flat Screening 4 Hedges 1 gallon o V sOsf; 10% coverage e r 50%-5gal 509&-igal » l/200sF 5 gallon • 1/2lf Abut lion species Agepanthus afrcanus _ Anlgozanttios species _Arbutus species AcrtosLaphylos species Artemisia species Baccharls species ~"&ou gain vl Ilea __Bcrberls species Ceanothus species ^^hondropetalum spies Co ton eas ter species __piete» Hybrids Camellia species CIstus species Coleoneme species Cuanthea cooper I Encelia californica COMMON NAME Dty oF the Nile Agave Aloe Kangaroo pou; Bush Anemone Mtn. Lilac Cape Rush wild irle RocK Rose Breath oF heaven Australian Tree Fern Sago Palm Coast Sunflower Hest>i Esc al Ionia species Heme roc all Is species Heteromeles arbuLlfolla Juncus species Lantana spc les Lavandula species __Llgu»trum J, Texanum LImonlum species __Mahonla aqulfollur _Mlscanthus species Munuenbergla rlgene Nerhjm Oleander Pennlsetum species Pomegranate PIttosporum species Pterldlum agulllnum Pyracantha species Rhaphlolepis species Rhamnus species Rosmarinus species Rufflchra adlantlFormls Salvia species Sesierta species Flannel Bush Rush Lantana Lavender Texas Privet Leatherleaf Fern FIrethorn Indian HaiAhorn Roe emery LeatherieaF Fern Sage Tegetes lemmonll _Xyl09ma conge stum '. ' / ZONt TWO 64.SP, now) /» / HEIGHT NOTED ZCtJeiMWCC 21,»1 SP, (S1*J (S / ON THE PLAN ZOHC POm. 0 SF /' ^ncho Carlsbad home CHAIN LINK FENCE - CONCEPT DETAIL ORACLE YARD »^LL - CONCEPT DETAIL 3rd 4 4tn screen trees Oak fevcrgreenj Cottonwood CdeclduousJ SITE £ECTI<5N moving rv stored 6rt Masonry naW mlth a 2ft Berm primary screen tree - Juniper (evergreen,} seconday screen tree - Lyonothamnus fevergreenj NOTES. LEc^ENPS 4 PETAILS Rancho Carlsbad Estates - Community Garden i RV Parking/Storage Carlsbad, Ca -IbO 434 2152 SOUND WALL - CONCEPT DETAIL CARLSBAD CA. Rancho Carlsbad-Cotnmunity &arder\ i RV Parking/Storage ^TEf^ USE PLAN JUNE 2011 160 454 2152 NOT TO A BBT SCALE NORTH V October 19, 2011 Ladwig Design Group, Inc. 2234 Faraday Ave Carlsbad CA 92008 'A DRAFT PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 09-04 Project Name: DOS COLINAS SENIOR APN: 209-060-70 The city engineer has completed a review of the application for a tentative parcel nnap located along future College Boulevard between Cannon Road and Sunny Creek Road. The city engineer has made a preliminary decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code to approve this tentative parcel map based on the findings and subject to the conditions listed below. Please review the following findings and conditions for this tentative parcel map. If you have concerns or comments, you may request a review of this preliminary decision in writing. Such request must be received by the city engineer within 10 calendar days of the date of this preliminary approval. Upon receiving such written request, the city engineer will arrange a time and place for such review, if after 10 days no request is made, or following a requested review of this preliminary approval, the city engineer will issue a final approval letter for this tentative parcel map. Findings: 1. The city engineer has determined that: a) The proposed map and the proposed design and improvement of the subdivision, as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans. Titles 20 and 21 ofthe Carlsbad Municipal Code and the State Subdivision Map Act, in that the lots being created satisfy all minimum requirements of Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations, Including the General Plan; and, b) The site is physically suitable for the type and density of the development proposed, in that the proposed subdivision meets all development standards for the creation of a standard lot in terms of access, minimum lot size, lot width and setbacks and the surrounding properties have a compatible General Plan Land Use designation; and, Doc DR-06-23 01/18/2011 ") / Dos Colinas Senior October 19, 2011 Page 2 c) The design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the project will implement all required mitigation measures pursuant to EIR 09-01 and the Mitigation Monitoring and Reporting Program for the Dos Colinas project and, d) The design of the subdivision and improvements are not likely to cause serious public health problems, and the discharge of storm water from the subdivision complies with current California Regional Water Quality Control Board requirements and the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP) requirements, in that the project will satisfy construction-related pollutants by preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP). The developer has also prepared a preliminary Storm Water Management Plan (SWMP) to identify post-development pollutants of concern and select post-development best management practices to avoid contact with storm water or filter pollutants to the maximum extent practicable. The applicant has incorporated permanent water quality features into the subdivision such as Low Impact Design (LID) techniques. These features include: vegetated swales, pervious ribbon gutters, bio retention areas and hydromodification basins that will slow down, retain and filter stormwater runoff leading to percolation, adsorption, and evapotranspiration of runoff, and ground water recharge; and, e) The design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the developer shall delineate, preserve, relocate or seek quitclaim on the parcel map, all existing easements of record, subject to easement holder approval; and, f) The property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); CONDITIONS: Unless specifically stated in the condition, all of ttie following conditions, upon ttie approval of this tentative parcel map, must be met prior to approval of a parcel map, building permit, or grading permit, whichever is first. General 1. This approval is granted subject to the approval of EIR 09-01, Mitigation Monitoring and Reporting Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), CUP 09-02, SUP 09-02, HDP 09-02, HMP 09-02, and SUP 09-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833, and 6834 for those other approvals incorporated herein by reference. 2. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from the city engineer for the proposed haul route. Doc DR-06-23 01/18/2011 Dos Colinas Senior October 19, 2011 Page 3 3. The project is approved with the express condition that building permits will not be issued for the development of the subject property unless the city/district engineer determines that sewer/water facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 4. Developer shall submit to the city engineer a reproducible 24" x 36" photo mylar of the tentative parcel map reflecting the conditions approved by the final decision-making body. The reproducible shall be submitted to the city engineer, reviewed, and, if acceptable, signed by the city's project engineer and project planner prior to submittal ofthe building plans, parcel map, improvement plans, or grading plans, whichever occurs first. 5. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative parcel map. 6. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 7. if any condition for construction of any public facilities, or payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the city engineer determines that this project without this condition complies with the requirements ofthe law. 8. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this tentative parcel map, (b) city's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) developer's installation and operation ofthe facility permitted hereby, including without limitation any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 9. Developer shall submit to the city engineer proof of a recorded document addressing the private maintenance, repair, and replacement ofthe offsite storm drain that serves this subdivision as shown on the tentative parcel map. 10. This project is approved for up to 2 parcel maps for the purposes of recordation in the order of phasing shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule. 11. If developer desires to record a parcel map out of the phase approved on the tentative parcel map, the new phasing may be approved or conditionally approved by the city engineer and planning director via substantial conformance exhibit. Doc DR-06-23 01/18/2011 Dos Colinas Senior October 19, 2011 Page 4 12. Developer shall install sight distance corridors at all street intersections and driveways in accordance with city engineering standards. The property owner shall maintain this condition. 13. Developer shall submit to the city engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied. Planning 14. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09-01 Mitigation Monitoring and Reporting Program. Fees/Agreements 15. Prior to approval of phase 1 of the parcel map. Developer shall provide for the relocation of the existing Rancho Carlsbad RV storage/garden site for Rancho Carlsbad Partners as described in EIR 98-02. Developer shall enter into a secured agreement with the city guaranteeing rough grading and drainage improvements of the RV storage/garden site in a form acceptable to the city engineer. 16. Prior to approval of phase 2 of the parcel map or construction of Basin BJ, whichever comes first. Developer shall provide evidence that the Rancho Carlsbad RV storage/garden replacement site improvements have been constructed as required per EIR 98-02 and RMHP 96-01(D). The RV storage/garden improvements shall be substantially completed to the satisfaction of the planning director and the city engineer. 17. Prior to approval of phase 2 of the parcel map. Developer shall design and secure street improvements to College Boulevard approximately 4200-feet from its existing northerly terminus near El Camino Real to the intersection of Cannon Road. These improvements shall consist of 'Core' Improvements'. 'Core' Improvements include full-width grading for College Boulevard (major arterial standards), two 18-wide paved lanes (one in each direction), median curb, and road drainage crossings. The Developer has proposed the design and construction costs for the 'Core' Improvements be funded by a private financing program with participating property owners within LFMP Zone 15. Prior to parcel map approval. Developer shall provide evidence of a private financing program, necessary to design and construct the 'Core' Improvements, executed by all participating property owners and to the satisfaction of the city engineer and finance director. 18. Prior to approval of phase 2 of the parcel map, if Developer is unable to obtain property owner approval of a private financing program necessary to construct those street improvements identified in the condition above, the 'Core' Improvements shall be funded by public Financing Program (Public Program). This Public Program shall be processed and initiated to the satisfaction of the City engineer prior to parcel map approval. If funded by a Public Program, Developer may be eligible for reimbursement for constructing the 'Core' Improvements. If a Public Program is required, Developer shall enter into a Reimbursement Doc DR-06-23 01/18/2011 Dos Colinas Senior October 19, 2011 Page 5 Agreement prior to parcel map approval. The Reimbursement Agreement shall be prepared to the satisfaction of the city engineer, finance director and city attorney. 19. Prior to approval of phase 2 of the parcel map, if a Public Program is required to fund the 'Core' Improvements for College Boulevard, Developer shall cause property owner to execute a prepayment agreement that requires the Developer secure its fair-share costs toward the Public Program. The Prepayment Agreement shall be prepared, processed and approved to the satisfaction of the city engineer, finance director, and city attorney prior to approval of Phase 2 ofthe Parcel Map. 20. Prior to approval of phase 2 of the parcel map. Developer shall design and post security for the bridge improvements supporting College Boulevard as shown on the tentative parcel map. The Developer, by constructing the bridge, may be eligible for reimbursement by the Drainage Fee Program (Drainage Area B) for funds allocated to that facility. Prior to parcel map approval, Developer shall enter into a reimbursement agreement to the satisfaction of the city engineer, finance director and city attorney. 21. Prior to approval of phase 2 of the parcel map. Developer shall design and post security for detention basin 'BJ' just east of the intersection of College Boulevard and Cannon Road as shown on the tentative parcel map. The Developer, by constructing the basin, may be eligible for reimbursement by the Drainage Fee Program (drainage area b) for funds allocated to that facility. Developer shall enter into a reimbursement agreement to the satisfaction of the city engineer, finance director, and city attorney. 22. Prior to approval of phase 2 of the parcel map. Developer shall design and post security for a 36" potable waterline in College Boulevard from its existing northerly terminus near El Camino Real to the intersection of private street "D" as shown on the tentative parcel map. Developer shall also install a 16-inch potable waterline in College Boulevard from the intersection with private street 'D' to Cannon Road as shown on the tentative parcel map. The Developer, by constructing these improvements, may be eligible for reimbursement by the District for funds allocated to this facility. Developer shall enter into a reimbursement agreement to the satisfaction of the district engineer, finance director, and city attorney. 23. Prior to approval of phase 2 of the parcel map. Developer shall install a 12" recycled waterline in College Boulevard from its existing northerly terminus near El Camino Real to Cannon Road as shown on the tentative parcel map. 24. Regarding the sound wall along the west side of College Boulevard just south of Cannon Road, no reimbursement shall be available for Developer from any Public Financing Program on this item. 25. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 26. Developer shall pay the Planned Local Drainage Area Fee prior to approval ofthe parcel map. 27. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the Doc DR-06-23 01/18/2011 Dos Colinas Senior October 19, 2011 Page 6 License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable) subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.9. All such taxes/fees shall be paid at issuance of building permits. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 28. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Geologic Failure Hold Harmless Agreement. 29. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 30. Developer shall cause property owner to process, execute, and submit an executed copy to the city engineer for recordation the city's standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a parcel map, whichever occurs first for this project. 31. Developer shall cause property owner to apply for, execute, and submit to the city engineer for recordation an Encroachment Agreement covering private enhanced paving located over proposed public right-of-way or easements as shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule. 32. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or parcel map for this project, developer shall cause owner to execute an Agreement to annex the subject property into SL&LD #2. The Agreement shall be in a form approved by the assistant city finance director. Developer shall pay all fees necessary to annex the property into SL&LD #2. 33. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Street Tree Maintenance Agreement. Grading 34. Based upon a review ofthe proposed grading and the grading quantities shown on the tentative parcel map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review and shall pay all applicable grading plan review fees per the city's latest fee schedule. Due to the proposed parcel map phasing, 2 grading plans will be required. 35. Prior to approval of phase 1 of the parcel map. Developer shall submit grading plans for phase 1 grading and drainage improvements as shown on the tentative parcel map subject to approval by the city engineer and planning director. Doc DR-06-23 01/18/2011 Dos Colinas Senior October 19, 2011 Page 7 36. Prior to approval of phase 2 of the parcel map. Developer shall submit grading plans for remaining (phase 2) grading and drainage improvements as shown on the tentative parcel map subject to approval by the city engineer and planning director. 37. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per city code requirements. 38. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare and submit for approval grading plans for the precise grading as shown on the tentative parcel map, all subject to city engineer approval. 39. Upon completion of grading, developer shall file an "as-graded" geologic plan with the city engineer. The plan shall clearly show all the geology as exposed by the grading operation, shall clearly show all geologic corrective measures as actually constructed, and must be based on a contour map which represents both the pre- and post-site grading. The plan shall be signed by both the soils engineer and the engineering geologist and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 40. This project requires off site grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy to the city engineer a temporary grading, construction, or slope easement or agreement from the owners of the affected properties, if developer is unable to obtain the temporary grading or slope easement or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and planning director. 41. Developer shall comply with the latest version of the city's stormwater regulations and shall implement best management practices at all times. Best management practices include, but are not limited to, pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water, or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 42. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 43. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during Doc DR-06-23 01/18/2011 n Dos Colinas Senior October 19, 2011 Page 8 construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 44. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version, in addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 45. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, hydromodification measures, and Low Impact Design (LID) facilities. 46. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification requirements per the latest version of the city's SUSMP. Documentation shall be included within the Storm Water Management Plan (SWMP). Dedications/Improvements 47. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other appropriate entities for public drainage purposes as shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction ofthe city engineer. 48. Developer shall cause owner to dedicate easements to the city and/or other appropriate entities for the general utility and access, drainage, pedestrian, and sewer purposes as shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 49. Developer shall design the private streets/driveways as shown on the tentative parcel map to the satisfaction of the city engineer. The structural section of all private streets/driveways shall conform to City of Carlsbad Standards based on R-value tests. All private streets/driveways shall be inspected by the city. Developer shall pay the standard improvement plancheck and inspection fees for private streets/driveways. 50. Developer shall design the private drainage systems as shown on the tentative parcel map to the satisfaction ofthe city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plancheck and inspection fees for private drainage systems. Doc DR-06-23 01/18/2011 Dos Colinas Senior October 19, 2011 Page 9 51. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city-standard Minor Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative parcel map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Onsite and offsite surface 'core' improvements for College Boulevard Reach A from its existing northerly terminus just north of El Camino Real extended to Cannon Road. 'Core' Improvements consist of full-width grading (major arterial standards), two 18-ft lanes (one each direction), median curbs, and road drainage improvements as shown on the tentative parcel map. B. Full intersection improvements to the intersection of College Boulevard and Cannon Road as shown on the tentative parcel map. C. Complete half-street improvements for College Boulevard (major arterial standards) along the project frontage per city standards. Complete half-street improvements include a 32-ft paved half-street width consisting of two 12- foot lanes and an 8-foot bike lane, curb, gutter, street lights, fire hydrants, median hardscape, median landscaping, parkway irrigation and parkway irrigation as shown on the tentative parcel map. D. Construct bridge improvements supporting College Boulevard as shown on the tentative parcel map. E. Complete traffic signal modifications necessary for a fully actuated traffic signal at College Boulevard and Sunny Creek Road. F. Construct 36-inch potable waterline in College Boulevard from its existing northerly terminus near El Camino Real to the intersection of private street "D" and a 16-inch potable waterline in College Boulevard from the intersection with private street 'D' to Cannon Road as shown on the tentative parcel map. G. Construct 12-inch recycled waterline in College Boulevard from its existing northerly terminus near El Camino Real to Cannon Road. H. Construct utility improvements in College Boulevard Reach A (potable water, recycled water, storm drain, sewer) as shown on the tentative parcel map. I. Construct onsite potable waterlines and appurtenances through the project as shown on the tentative parcel map. J. Onsite and offsite sanitary sewer and appurtenances as shown on the tentative parcel map. K. Onsite and offsite storm drains and appurtenances as shown on the tentative parcel map. Developer shall pay the standard improvement plancheck and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the minor subdivision improvement agreement or such other time as provided in said agreement. 52. Developer shall prepare and process improvement plans and, prior to approval, shall execute a city standard (Subdivision/Development) Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on 01/18/2011 Dos Colinas Senior October 19, 2011 Page 10 the tentative parcel map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and Cannon Road. Developer shall install the traffic signal only with written authorization from the city engineer. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 53. Developer shall prepare and process improvement plans and, prior to approval, shall execute a city standard (Subdivision/Development) Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the tentative parcel map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Blvd and private driveway "A". Developer shall install the traffic signal only with written authorization from the city engineer. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval ofthe subdivision or development improvement agreement or such other time as provided in said agreement. 54. Developer shall prepare and process improvement plans and, prior to approval, shall execute a city standard (Subdivision/Development) Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the tentative parcel map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and private driveway "D". Developer shall install the traffic signal only with written authorization from the city engineer. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 55. Prior to issuance of building permits, unless otherwise approved, developer shall install separate sewer services to each unit proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction ofthe city engineer. 56. Developer shall cause owner to waive direct access rights on the parcel map for all lots abutting College Boulevard, excepting the access points as shown on the tentative parcel map. 57. Prior to issuance of building permits, developer shall underground all existing overhead utilities as shown on the tentative parcel map. 58. Developer shall design and obtain approval from the city engineer for the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access Doc DR-06-23 01/18/2011 •r- -f Dos Colinas Senior October 19, 2011 Page 11 through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information, subject to the review and approval ofthe city engineer. 59. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low- maintenance design features to the satisfaction ofthe city engineer. Non-Mapping Notes 60. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping data: A. Developer has executed a city-standard Minor Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.28.070 to install public improvements shown on the tentative parcel map. These improvements include, but are not limited to: 1) Onsite and offsite surface 'core' improvements for College Boulevard Reach A from its existing northerly terminus just north of El Camino Real extended to Cannon Road. 'Core' Improvements consist of full-width grading (major arterial standards), two 18-ft lanes (one each direction), median curbs, and road drainage improvements as shown on the tentative parcel map. 2) Full intersection improvements to the intersection of College Boulevard and Cannon Road as shown on the tentative parcel map. 3) Complete half-street improvements for College Boulevard (major arterial standards) along the project frontage per city standards. Complete half-street improvements include a 32-ft paved half-street width consisting of two 12- foot lanes and an 8-foot bike lane, curb, gutter, street lights, fire hydrants, median hardscape, median landscaping, parkway irrigation and parkway irrigation as shown on the tentative parcel map. 4) Construct bridge improvements supporting College Boulevard as shown on the tentative parcel map. 5) Complete the signal modifications necessary for a fully actuated traffic signal at College Boulevard and Sunny Creek Road. 6) Construct 36-inch potable waterline in College Boulevard from its existing northerly terminus near El Camino Real to the intersection of private street "D" and a 16-inch potable waterline in College Boulevard from the intersection with private street 'D' to Cannon Road as shown on the tentative parcel map. 7) Construct 12-inch recycled waterline in College Boulevard from its existing northerly terminus near El Camino Real to Cannon Road 8) Construct utility improvements in College Boulevard Reach A (potable water, recycled water, storm drain, sewer) as shown on the tentative parcel map. 9) Construct onsite potable waterlines and appurtenances through the project as shown on the tentative parcel map. 10) Construct onsite and offsite sanitary sewer and appurtenances as shown on the tentative parcel map. Doc DR-06-23 01/18/2011 Dos Colinas Senior October 19, 2011 Page 12 11) Construct onsite and offsite storm drains and appurtenances as shown on the tentative parcel map. B. Developer has executed a city standard Minor Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public signal improvements shown on the tentative parcel map. These signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and Cannon Road. C. Developer has executed a city standard Minor Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public signal improvements shown on the tentative parcel map. These signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and private driveway "A". D. Developer has executed a city standard Minor Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public signal improvements shown on the tentative parcel map. These signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and private driveway "D". E. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. F. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. G. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. H. Geotechnical Caution: 1) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. Doc DR-06-23 01/18/2011 Dos Colinas Senior October 19, 2011 Page 13 Utilities 61. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction ofthe district engineer. 62. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access, and/or joint utility purposes. 63. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 64. The developer shall design landscape and irrigation plans utilizing recycled water as a source and shall prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 65. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 66. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 67. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative parcel map to the satisfaction of the district engineer and city engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 68. This tentative parcel map will expire twenty-four (24) months from the date ofthe final approval notice issued by the city engineer. 69. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the city nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall immediately initiate negotiations to acquire such property. The developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the city engineer its best efforts and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the city to successfully acquire said property by condemnation. Doc DR-06-23 ^ 01/18/2011 CL I Dos Colinas Senior October 19, 2011 Page 14 70. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area shown on the tentative parcel map are for planning purposes only. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the city manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other similar application processing or service fees in connection with this project; or to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. if you have any questions regarding the above, please contact the Project Engineer, Jeremy Riddle at 760-602-2737. If you have any planning-related questions, please contact the Project Planner, Shannon Werneke, at 760-602-4621. Sincerely, Glen K. Van Peski, P.E., P.L.S. City Engineer cc: Project Engineer, Jeremy Riddle Project Planner, Shannon Werneke Fire Department, Gregory Ryan Senior Office Specialist, LDE Associate Analyst, LDE (scanned copy to MS File) Doc DR-06-23 01/18/2011 „. (. EXHIBIT 6 Planning Commission Minutes October 19, 2011 Page 3 Chairperson L'Heureux closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 2. EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01 (DVCUP 09-02/SDP 09- 02/HDP 09-02/HMP 09-02/SUP 09-02 - DOS COLINAS - Request for a recommendation of certification of the Refined No Affordable Housing Site Alternative of a Final Environmental Impact Report, including the Candidate Findings of Fact and a recommendation of adoption of a Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, Local Facilities Management Plan Amendment, and Residential Mobile Home Park Permit Amendment; and a request for approval of a Conditional Use Permit, Site Development Plan, Hillside Development Permit, Habitat Management Plan Permit and Special Use Permit for the development of a 305-unit continuing care retirement community for seniors, including 58 cottages, 166 independent living units, 20 of which will be restricted as affordable units, a 81-room/95-bed assisted living/congregate care facility, and the relocation of the Rancho Carlsbad Estates recreational vehicle storage and garden area (from APN 168-050-36 to APN 209-060-70) on a 46-acre property generally located north of Sunny Creek Road, south of Cannon Road, east of Ei Camino Real, and west of the future extension of College Boulevard Reach "A," in Local Facilities Management Zone 15. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Shannon Werneke would make the Staff presentation assisted by Associate Engineer Jeremy Riddle. Chairperson L'Heureux opened the public hearing on Agenda Item 2. Ms. Werneke gave a detailed presentation and stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Siekmann asked about the floodplain issues particularly the basins ability to handle small storms. Jeremy Riddle, Associate Engineer, stated that the small storms referenced in the staff report reflect hydromodification requirements. Staff is now having to look at smaller storms which are not as intense but happen more frequently than 100-year storm events. Mr. Riddle stated that developments like this are having to install facilities such as basins and other features that actually slow water down and allow more surcharge to occur, keeping the water onsite so that during the small storm events the increases are not felt downstream. Commissioner Nygaard asked if the affordable housing options would be solved prior to any construction of the project. Ms. Werneke stated the project is conditioned to address that and the developer is also required to record the affordable housing agreement prior to recordation of the final map. Commissioner Nygaard asked if the affordable housing will be located within the northeast quadrant if the offsite option is selected. Ms. Werneke stated that was correct. Commissioner Scully asked about erosion in the area specifically the areas along the slopes and the creeks. Mr. Riddle stated the Agua Hedionda channel itself is highly erosive in nature. The sidebanks such as the overflows on this project are not subject to erosion because the water surface does not go up that high that frequently. Chairperson L'Heureux asked about the timing of the affordable housing construction. Ms. Werneke stated that are 2 phases of development for this project. The first phase involves the creation of the RV storage area. The second phase is when the affordable housing requirement would need to be satisfied. Ms. Werneke stated there is a timing condition for the construction of the affordable units. Chairperson L'Heureux asked if the satisfaction of that agreement would be when the developer entered into the affordable housing agreement. Ms. Werneke stated that was correct. Chairperson L'Heureux asked if the units have to be constructed prior to occupancy of the project if those units are to be located offsite. Ms. Werneke stated that was correct. Mr. Neu stated that typically the affordable housing agreement will spell out the terms and timing of construction. Planning Commission Minutes October 19,2011 Page 4 Commissioner Schumacher asked about the three drainage alternatives. Ms. Werneke stated there are three alternatives offsite infrastructure improvements for the storm drain. She directed the Commission's attention to the slide indicating the three alternatives. Mr. Riddle stated that the timing of these improvements will be determined on the first phase of construction because there is a basin anticipated with that first phase. The determination will be made prior to grading permits being issued on phase one of the parcel map for the RV relocation site. Commissioner Arnold asked why there are options for the affordable housing to be onsite or offsite. Ms. Werneke stated it was done to give the developer flexibility. Mr. Neu added that if there is a potential for the units to be offsite, they would serve a different part of the population such as employees of the facilities. If the units are located onsite, the units would be for seniors only. Chairperson L'Heureux asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. John Rimbach, representing West Living, gave a detailed presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of the applicant Commissioner Black asked about fencing for the project along the trails and walkways. Bob Wilkinson with Wilkinson Design Group, Carlsbad, stated the safety fence is in the location where the walkway is close to the slope. When the walkway is pulled back from the slope with ample landscaping between the edge of the walkway and the top of the slope, there is no fencing. Commissioner Black stated his concerns regarding the fencing and urged the applicant to have continuous fencing along the trails and walkways. Commissioner Siekmann asked about the targeted income level for the community. Mr. Rimbach stated they are aiming for upper middle income levels. Commissioner Siekmann asked about LEED certification for the project. Mr. Rimbach stated there are elements of design standards such as solar and onsite transportation systems which are anticipated; however they are not seeking LEED certification. Commissioner Siekmann asked about the onsite transportation options. Mr. Rimbach stated there will be several onsite shuttles to take residents to various locations in the city as well as to doctor appointments. Commissioner Siekmann asked about the affordable housing options. Mr. Rimbach stated they are hoping to have the affordable housing onsite. Commissioner Scully asked about the variance of the grade level for the pedestrian walkways. Mr. Rimbach deferred the question to Ray Martin. Ray Martin, representing Hunsaker and Associates, 9707 Waples Street, San Diego, stated the site was designed so that all walking trails will meet the ADA requirements with less than 5% running grade. Commissioner Scully inquired about the critena that will be used to determine which residents will have covered parking spaces. Mr. Rimbach stated it has not yet been determined. Commissioner Scully asked about the uncovered spaces. Mr. Rimbach stated those spaces will be used for residents as well as employees. There will be a designated area for employees only. Chairperson L'Heureux stated the uncovered parking is an issue with him. Commissioner Nygaard asked if there is any interest from the applicant in providing bus shelters on College Boulevard. Mr. Rimbach stated he would be in agreement with installing a covered bus stop. Chairperson L'Heureux asked about exterior noise levels as it impacts the cottages from College Boulevard. Mr. Rimbach stated that as part of the EIR, a very extensive sound study was completed to comply with City ordinances for interior and exterior noise. He stated the project meets all of those requirements. Ms. Werneke stated there will be a 6 foot landscape wall on top of a 2 foot landscape berm along with a 3 foot high retaining wall. The pad elevation for the cottages is approximately 8 feet below the elevation of the wall. Based on the results of the noise study, the sound wall attenuates noise to the required decibel level for outdoor recreation areas and outdoor living spaces. Planning Commission Minutes October 19,2011 Page 5 Commissioner Schumacher asked about the former proposed site for the affordable housing. Mr. Rimbach stated that he does not anticipate that area ever being developed due to it being so environmentally sensitive. Commissioner Black asked about the parking for the other similar projects the applicant owns. Mr. Rimbach stated they generally have all surface parking without cover. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Barbara Bevis, 3431 Don Alberto, Carlsbad, president of the Rancho Carlsbad Home Owner's Association, stated she is anxious for this project to begin construction. David Swearingen, 3475 Don Ortega, Carlsbad, president of the Rancho Carlsbad RV Club, stated he is in favor of the relocation of the RV storage area for Rancho Carlsbad. Commissioner Siekmann asked how long he has lived in Rancho Carlsbad and if there has ever been any flooding in the RV area. Mr. Swearingen stated he has lived in Rancho Carlsbad for 10 years and has not seen any flooding in the area of the RV storage facilities. David Price, 3433 Don Jose, Carlsbad, president of the Rancho Carlsbad Garden Club, stated he is in support of the proposed relocation of the garden site. Bill Arnold, 3432 Don Ortega, Carlsbad, stated the RV relocation site is a win-win for everyone. Commissioner Siekmann asked how the residents will be impacted if the offsite storm drain is put through the golfing range. Mr. Arnold stated he sees no problem with that and the residents are very supportive. Russ Kohl, 3317 Don Pablo, Carlsbad, stated his objection to Condition No. 38 in Resolution No. 6829. Lea Laux, 3768 Arapaho, Carlsbad, asked if the recommendation was done with consideration of the Blossom Grove home owners and if there are any front runners for the low income housing units if the low income housing is to be located offsite. In regards to the RV site, she asked if the wall and the landscaping will provide enough screening so that you will not see the RVs from across the street and to discourage graffiti. She also asked about the lighting for the RV site. Diane Nygaard, 5020 Nighthawk Way, Oceanside, representing Preserve Calavera, urged the Commission to return the project back to Staff. James Clinnin, El Camino Real, stated he does not oppose the development but would like to see the Commission exercise caution with this project and how it takes place. Sue Loftin, 5760 Fleet Street Suite 110, Carlsbad, representing the Rancho Carlsbad Owners Association, thanked staff for the excellent work. She stated secondary access is necessary and is a requirement on the property. She further stated that relocation of the RV and garden sites are required as mitigation in the Calavera Hills EIR. Chairperson L'Heureux asked if there are any other members of the audience who wished to speak on the item. Seeing none, he closed the public testimony. Chairperson L'Heureux asked if the applicant wished to respond to the issues raised during the public testimony. Mr. Rimbach clarified that West Living does not own the golf course on Rancho Carlsbad, but they do operate the golf course as they took over the lease in January 2010. He stated that the preferred alternative for the offsite drainage location is not through the golf course. Mr. Rimbach further stated they have worked with the wildlife agencies in terms of HMP compliance, and he has received agreement on those mitigation measures. nop) Planning Commission Minutes October 19,2011 Page 6 Commissioner Siekmann asked Mr. Rimbach to address the issue regarding visibility of the RV storage lot from the Blossom Grove neighborhood. Mr. Rimbach stated that neighborhood is quite a distance from the proposed RV storage. He stated that with the wall and landscaping, the area will be very well screened and any lighting will be cut-off luminaries. Commissioner Siekmann asked if the emergency access road could eventually be used as a cut-thru to get to College Boulevard quicker. Mr. Rimbach stated the emergency access is conditioned upon emergency egress only. Commissioner Black inquired if the residents of the cottages will be able to see into the RV storage area. Mr. Rimbach stated he did not believe so. Chairperson L'Heureux asked if there were any further questions of the applicant. Seeing none, he asked if Staff could respond to the issues and questions raised during public testimony. Ms. Werneke stated that the recommendation for this project did take into consideration all surrounding land uses and compatibility with general plan land use designations. She stated that Staff has determined this is a commercial dwelling unit project and professional care facility. Because of the nature of the use and the services provided onsite, and because of the commercial dwelling units, there are no density calculations for the project. The project has adequately addressed the floodplain impacts for the project. Mr. Neu stated that the dwelling units for this project are considered commercial dwelling units as they meet the definition as defined in the Zoning Code. This is similar to other facilities within the city such as La Costa Glen and in Bressi Ranch. This is not considered a unique circumstance. Commissioner Siekmann asked Staff about the emergency access road. Mr. Riddle stated that when the final map records for this project, there will be an easement that records over the emergency access road which grants Rancho Carlsbad the rights to use that access road specifically for emergency access purposes only. Mr. Riddle further commented that there will be a gate just outside the RV storage lot; however the details for the gate have yet to be worked out. Ms. Mobaldi urged the Commission to leave the emergency access issue to Staff, particularly the Fire Department, because of the sensitive issues with regards to liability. Commissioner Siekmann asked if FEMA has to sign off on the floodplain issue. Mr. Riddle stated that was correct. Commissioner Siekmann further asked about the letter from Friends of Aviara. Ms. Werneke stated that in regards to the letter from Friends of Aviara, this is a master planned high quality senior living community, and Staff has every expectation that this will provide a very high quality of life for seniors onsite. In regards to driving conditions, Ms. Werneke stated that there will be onsite transportation available for any residents that may not feel comfortable with driving. Ms. Werneke stated that in regards to the project not being a walkable community, the project is located within proximity of two properties which are anticipated to be developed with commercial development. Chairperson L'Heureux asked if there further questions of Staff. Mr. Neu commented that the plans submitted with the minor subdivision do show an emergency access gate and a designated emergency access drive. The Fire Department would work out the specifics as to how the gate will operate. DISCUSSION Commissioner Nygaard thanked Rancho Carlsbad for all their participation in the process. She stated she is concerned with the fences on the site and she feels the parking for the residents should be covered. Commissioner Nygaard also thanked staff for their hard work and stated she can support the project. Commissioner Arnold stated the covered parking is also an issue with him as well as the fencing around the site. He stated he can support the project. Planning Commission Minutes October 19, 2011 Page 7 Commissioner Black stated his concurrence with Commissioners Arnold and Nygaard. He asked the applicant to reconsider a contiguous safety fence around the site. Commissioner Black congratulated Staff for all their work as well as the applicant. He stated his support of the project. Commissioner Scully also thanked Staff for their hard work. She stated she has an issue with the uncovered parking and she would also like to see all the affordable housing to be onsite. Commissioner Scully stated she can support the project. Commissioner Schumacher stated that overall the project is a great project with many benefits. He stated he would also like to see the fence and parking issues worked out Commissioner Schumacher also stated he can support it. Commissioner Siekmann stated her biggest concern is the floodplain issue but she feels that has been worked out. She stated she is not concerned with the covered parking and stated she can support the project. Chairperson L'Heureux acknowledged receipt of a letter from Preserve Calavara dated October 15, 2011, a letter from Friends of Aviara dated October 19, 2011 and an email to the city from the Wildlife Agencies dated October 18, 2011. Chairperson L'Heureux requested that the landscape plan for the RV storage lot should have fast growing plants along the exterior walls so that it shields to the greatest extent possible. He agreed that there needs to be covered parking and the safety fence should be contiguous. The emergency access road should not be for everyday use. He can support the project. The Commission discussed the issues regarding covered parking, a continuous trail safety fence and a covered bus shelter on College Boulevard. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6825 recommending that the City Council certify the Refined No Affordable Housing Site Alternative of the Final Environmental Impact Report (EIR 09-01), including the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, adopt Planning Commission Resolutions No. 6826, 6827, 6828 and 6829 recommending approval of a General Plan Amendment (GPA 09-02), Zone Change (ZC 09-02), Local Facilities Management Plan Amendment (LFMP 15E), and Residential Mobile Home Park Permit Amendment (RMHP 96-01D) and adopt Planning Commission Resolutions No. 6830, 6831, 6832, 6833, and 6834 approving a Conditional Use Permit (CUP 09-02), Site Development Plan (SDP 09-02), Hillside Development Permit (HDP 09-02), Habitat Management Plan Permit (HMP 09-02) and Special Use Permit (SUP 09-02), based on the findings and subject to the conditions contained therein to include additional conditions to provide covered parking as 1 space per independent living unit, to provide a continuous safety trail fence, and to include bus shelters at the bus stops near the project along College Boulevard. Commissioner Siekmann stated she supports the project but is opposed to the added condition for additional covered parking. VOTE: 7-0 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, Commissioner Schumacher, and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None EXHIBIT 7 October 15, 2011 Subject: Dos Colinas Project Dear Carlsbad Pianning Commission : The developer of the Dos Colinas project is proposing a commercial use in a residential neighborhood. The city has huge discretion in approving such a project that violates their General Plan. They have used this discretion to exact some affordable housing units that would not be required for a commercial project. But they have not used this discretion to address many other issues that make this project a poor fit with its neighborhood.. We recognize that the Dos Colinas project has undergone substantial changes over the last year. These changes have addressed many of the issues we raised in our prior comment letters and meetings over this project. We appreciate that this required substantial effort from both the developer's team and city staff. We acknowledge that the project has been significantly improved. However, the project changes and responses to comments still leave many issues unresolved, and leave us with a project that has not Identified or mitigated for many of its significant impacts. Our key remaining issues of concern Include the following: insufficient Offsetting Benefits for the Community This project proposes a change in type of use and huge increase in the intensity of use that will change the character of this quiet rural neighborhood forever. The adopted Sunny Creek Specific Plan was supposed to protect the character of this area. This project will continue the gradual, incremental process of ignoring this plan and converting this area. Such a change should be done very thoughtfully and assure that the surrounding neighbors (including the natural lands) receive some offsetting benefits to make up for the changes that will occur. This project has really provided nothing in the way of such offsetting benefits to the community. We believe that, at a minimum, this should include better provisions for buffers and open space. The parcels identified as the equestrian parcel and Basin BJ will both be partially used for associated public infrastructure (wetlands mitigation for the College road expansion and a detention basin). The balance of these two parcels needs to be protected as open space. Both parcels include important wetland resources and creek buffers. Both parcels would serve to buffer the visual, noise and other impacts from the surrounding neighbors and would help this project be a better fit with the community. 5020 Nighthawk Way - Oceanside, CA 92056 www.preservecalavera.org Nonprofit 501(c)3 ID#33-0955504 GHG Emissions and Excess Parking The revised project has now added both resident and employee shuttles in order to comply with new state law provisions to reduce Green House Gases(GHG). This is clearly an important step in the right direction. However project design was not revised consistent with this to reduce auto use and encourage the use of alternative transportation. The project still includes 42 excess parking spaces. How much of paradise needs to be paved for parking lots? How can the region reduce auto miles traveled and the associated emissions, health, and climate change impacts if we continue to support excess auto use? The project needs to be revised to substantially reduce parking and impervious surfaces. Because the project will add such intensity of use it will still contribute excess emissions and contribute to cumulative climate change impacts. The regional MHCP and the city's HMP were written at a time that climate change impacts on wildlife were not well known. It Is now clear that climate change in our coastal area will have a significant impact on our local plants and wildlife. A recent study by the San Diego Foundation concluded that" In 2050, if current trends continue, native plant and wildlife species will be lost forever."^ These local and regional plans all need to be updated to reflect this new understanding about what is needed to protect native plants and wildlife from the effects of climate change. This is a remaining cumulative impact that has not been addressed. We request the Planning Commission to direct staff to prepare further project changes to include offsetting benefits including the protection of additional open space.buffers, eliminate all non-essential fill in the floodplain, provide an improved buffer for Little Encinas Creek, reduce parking spaces and paving, and add a condition for an update of the HMP to better address climate change. The city has broad discretion in allowing the major amendment to the General Plan required for this project. This is an opportunity to end up with something that benefits the entire community and fits well with the adjacent neighborhood and natural resources. We urge the Planning Commission to deny this project until all of these issues have been addressed. We look forward to working with you to achieve a project that works for this community. Sincerely, Diane Nygaard Representing Preserve Calavera Cc: Shannon Wernecke, Planner ' "San Diego's Changing Climate: A Regional Wake-up Call," The San Diego Foundation, 2010, p.l4. Pre,ieriHi7(j South Carbhach * Friendti of AVIARA T Ti^. TT Tjr^, T Oct 19,2011 Carlsbad Planning Commission 1635 Faraday Ave. Carlsbad, CA 92008 Re: Final EIR Dos Colinas Dear Carlsbad Planning Commission Chairman Hap L'Heureux & Commissioners: The Dos Colinas project as presented in this final EIR is important not merely as a standalone project, but as a tipping point in community planning. Unfortunately, it ill serves the best interests of the elderly members of our community who would live here, and sets precedents for development that would unwind the principles that have guided this city for three decades. It is imperative that this commission reject this proposal, and request a third party review of the staffs procedures. It appears the staff has overstepped its authority and compromised its position as the representative of the city's policies, entangling Itself in the financial challenges facing the developer on the developer's behalf. Further, there is the question of whether or not Dos Colinas should be classified as a commercial or residential project. But before exploring this very important issue of staff and how it is interpreting its powers and wielding the discretion granted to it by city fathers, a 10,000-foot review ofthe Dos Colinas proposal as designed is helpful. What type of quality of life could senior citizens expect from this design? 1. It does not provide walk able access to retail and entertainment. Instead as staff noted in its response to FDA's November 2010 comments on the Draft EIR, activities are two to three miles from the project. And though this isn't highlighted, those two or three miles to retail and entertainment spaces involve steep uphill grades ~ posing a challenging walk for many members of staff, this commission and council as well as many of us concerned with this project - seniors or not. The FEIR includes additional provisions for bus service, including shuttle bus service, which one might point to as an effort to mitigate this hurdle to enjoyment of social and community activities. [We are ignoring for a moment the inconsistent formulas applied to determine the additional bus AND parking space infrastructure for this project.] However, all of us know that driving is crucial to an American's sense of independence. It is not unrealistic to expect a majority of Dos Colinas' inhabitants to drive this four to six mile round trip. 2. That brings us to the question of what type of driving environment residents will confront. Have we thought carefully about how to minimize the potential for driving emergencies for a group of drivers whose reflexes are slower in their 70s than they were in their 30s or 40s? The answer to that is no. We are placing our elderly in the midst of the worst and most erratic drivers in the county ~ high school students. Teenagers going to and from the new high school where they are most likely to be distracted by the presence of their friends. These students will not just be driving to and from school in the morning and afternoon, but competing in events or performances at the new facilities afterhours and during the weekends as well. The potential hazard seems more analogous to giving a child scissors and letting him or her run around the pool, than providing an atmosphere where everyone's safety comes first. If that analogy seems extreme, take a look at the statistics from auto insurers provided by the website insurance.com: "The young and the lead-footed are truly scary. Their risk of crash per mile is 4 times higher than in older age groups. As the Insurance Institute for Highway Safety puts it, "teenage drivers represent a major hazard." Although young drivers make up about 6 percent ofthe total licensed driving population, almost 13 percent (6982) of all drivers involved in fatal crashes in 2007 were young drivers 15 to 20 years old, according to this National Highway Traffic Safety Administration report. The chart below shows drivers' involvement rate in fatal accidents by age and gender per 100,000 licensed drivers." <M>Rat« Drivers In Fatal Accidents (2006) s Mate 80 ib. 20 ^W..^ -^i-uiim^. • 0 1 IIIII 1 15-20 21-24 25-34 35-44 45-54 55-64 Age Group 65-74 75 + Note that the death rate from automobile accidents rises for drivers over age 74. To review, this development does not provide a walk able shopping and entertainment destination for its residents comparable to others in the county, including the new assisted living facilities under construction at Bressi Ranch, The Forum and La Costa Glen, or Sunrise and Plaza Paseo Real. Instead, under this plan, we would be asking Dos Colinas residents to either walk two to three miles uphill for a similar community experience, or to drive among the worst drivers in the county to have a cup of coffee with friends or see a specialist, or make their way to the beach to enjoy the ocean. We have done better than this all over this community. There is no reason a beautiful piece of property like this one should be so poorly utilized. There is a legal principle called "the doctrine of constructive notice." Constructive notice is a legal fiction that attributes notice of something to a person or entity, even though actual notice did not exist. cyfi A city may be held to have constructive notice of dangerous icy conditions on a public sidewalk in a slip and fall case, as an example. Frequently, the application of constructive notice reinforces a citv's dutv of care. Should this development as reflected in this final EIR be approved, could the members of this planning commission feel confident that Carlsbad has met its dutv of care to the potential residents of Dos Colinas, to the students who attend the New High School, to the travelers who pass thru the intersections and streets? We think not. We believe the city and its residents would be well served by lowering the residential density on this project overall, and creating a mini-shopping and entertainment community as part ofthe overall design. This would reduce the potential for automobile accidents involving residents and students, as well as re- iterate Carlsbad's commitment to creating walk able communities. Further, there is not one element of this project that the city could point to with pride at its completion and say, "we were the first in California or the nation to include this feature for the benefit of elderly residents, or this feature to reduce the carbon footprint ofthe development, or this technology to lower energy costs." We are allowing a unique piece of property to be a wall flower at best when it could be a beauty. It is almost as if the developer and the city staff received a gift in terms of the potential for this property and were told by everyone, "here is an opportunity for a nationally recognized Pedestrian Designed Community." But instead of thinking of Portland or some other great walk able city, we in Carlsbad construed this as pedestrian in the sense of "commonplace" and "unimaginative," and didn't understand or see the potential that is there. This city, this property, these prospective residents deserve more. Unfortunately, there is more to cause grief here than lost opportunity cost. There is a lack of clarity apparently within the staff as to where its duties lie. It is incumbent upon this commission to provide leadership. The city staff is not the equivalent ofthe prison boss in Cool Hand Luke who changes the rules governing the prisoners at his whim and then grouses about a "failure to communicate" when the prisoners refuse to participate in his games. And yet, that is what comes to mind when reading the responses to the objections raised. That is why a review by an outside third party is needed to evaluate the inconsistent treatment of this project from its predecessors throughout the city. Let us walk thru some examples: A year ago FOA raised concerns about allowing a project of this size to separate the affordable living component from the main campus and move it to a distant geographic point, essentially removing the liability for the affordable housing component from the developer and transferring it to neighbors. [Financing costs become more onerous for the developer if the affordable housing component must be included on the property. If the housing requirement is removed to a distant location or offsite entirely, the project is perceived as having greater potential for success and the lending requirements are more relaxed. However, the neighbors accepting the affordable housing component see the value of their properties erode without any compensation. This constitutes a "taking" ofthe value of their property to lower the risk to the developer.] •4 We do not dispute that there are circumstances, particularly when dealing with smaller more complex projects, in which this shifting of liability might be unavoidable. However, it should not be a lever available to a project that already is seeking a zoning change to high density. That is more than tilting the playing field in favor of the developer versus residents. That is proactively assisting a developer with his financial position before his lender. This should not be allowed here, and the Planning Commission should aggressively disabuse the city staff of the misconception that this is acceptable behavior at any time. We might also point out this density proposal represents a change in density not contemplated in Envision Carlsbad where it would be appropriate to address it. Finally, the city staff presents this as a commercial development. By doing so, the developer gets to calculate the affordable housing units differently. What is more, commercial projects aren't held to the same requirements under the city's Hillside Ordinance requirements, as an example. All of this "discretionary" treatment does one thing: financially benefits the developer to the detriment of the community. What does the city get in exchange for this generous treatment? Absolutely nothing. But the city staff has set a precedent. It can say to neighborhoods across this city with parcels of land waiting to be developed, "don't fight with us. If you make too much trouble for a project in your neighborhood, we'll classif/ it commercial." In fact, this warning was shot across FOA's bow more than a year ago. This is a bad precedent, don't allow it. Ask the council for an independent review ofthe handling of this project from start to finish. Thank you for your service and your careful consideration of this Final EIR. Regards, De'Ann Weimer President, Friends of Aviara PO Box 131773 Carlsbad, CA 92013 P.O. liiKV J,y/77.y Ciirl'/uuK CA 920/i lHHir(hiicrnl>en'@trieiuhofai'itira.i>nj — H'H'n'.jrieiKliofcwiaru.iyrg Owners' Association, Inc. 5200 El Camino Real, Carlsbad, California 92010-7118 Phone: (760) 438-0333 Fax: (760) 438-1808 Hon. Matt Hall, Mayor and City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Ca. 92008-1989 In Re: Dos Colinus EIR 09-01 Dear Council Members: The City Planning Commission reviewed and approved the above EIR at their meeting on October 19, 2011. This EIR also includes a long sought relocation site to replace our present RV parking and community garden facilities that we will lose access to once College Blvd. reach A and basin BJ is built. We are very much in favor of this site as planned as well as our new future neighbors, the West Living housing and senior care complex. We did raise one objection at that meeting contained in the Conditions of Approval, Resolution 6829, condition #38. We had met with your staff earlier, expressed our objection but staff declined to modify It. We briefly expressed our objection verbally at the public meeting. However the Commission made no comment or asked questions of staff. Our objection has to do with clarifying who will be responsible forthe frontage costs ofthe highway (College Blvd. A) and the ongoing landscape maintenance ofthe frontage. All ofthe frontage of College Blvd. Reach A is owned by developing landowners with the exception of Rancho Carlsbad. The highway will bisect our land creating frontage costs on both sides. The S/E side (our main complex) is 770'. The N/E side (our parcei#4) is 900', divided between BJ basin frontage of 600' and a future developable site bordering the CUSD land of 300' (all numbers are approximate). Condition 38 is vague in our opinion and could be interpreted to require us to pay and/or maintain one or more of these segments. With the exception ofthe 300' developable parcel mentioned above we believe we are entitied to a revision of this condition that clearly states that we have no responsibility for any payment or any maintenance. The building of this highway segment we understand will require a finance plan among the various land owners. We understand the City's need to have such costs guaranteed by developers. It seems to us this finance plan could be the vehicle to incorporate these costs. We ask that City Council review these conditions and give due consideration to what we believe gives clarity to who is responsible for these costs. Sincerely, Bill Arnold, Chair, Negotiating Committee cc: John Rimbach, West Living Jeremy Riddle, City Engineer Shannon Werneke, City Planner Sue Loftin, RCOA, Counsel Agenda Item # S « For the members ofthe: CITY COUNCIL WESTI i vi ng ACMr:DCM__cAr:cc_r: Date 1^1 H Citv Manager 0^ December 6, 2011 Honorable Matt Hall - Mayor City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 RE: Dos Colinas Project (EIR 09.01/GPA, 09.02/ZC, 09-02A.FMP 15(E), RMHP 96-01(D)) Dear Mayor Hail: The City Council ofthe City of Carlsbad has scheduled a public hearing at the Council Chambers on December 13, 2011, to consider certification of the refined No Affordable Housing Site Altemative of a Final EIR. including the Candidate Findings of Fact and adopt a Mitigation Monitoring and Reporting Program; and approve a General Plan Amendment, Zone Change, Local Facilities Management Plan Amendnnent, and Residential Mobile Home Park Permit Amendment for the project commonly referred to as Dos Colinas. In order to give all interested parties the opportunity to fully study the plan of development and speak in support of, or express concem for. the proposed Dos Colinas project. I respectfully request postponement of the City Council hearing to the first meeting ofthe Council in January. There has been a great deal of careful thought and collaborative effort by City staff, area neighbors, and my project consultants to bring forth an environmentally sensitive, high quality, and greatly needed senior housing project, I look forward to the opportunity to present our project plan to the Council in January, Best regards, /'John Rimbach President ——— cc: S. Wemeke R. Ladwig Date: /A n: Distributioi City Clerk Asst. City Clerl< Deputy Clerk Book Kira Linberg Agenda Item #. ^ For the members of the: CITY COUNCIL From: Sent: To: Subject: djb83@netzero.net Saturday, December 10, 2011 7:06 PM Council Internet Email Large projects ACM ix!M t'A -J (Jti I Date'xj^:> City Manager ' As with many of my fellow citizens of Carlsbad, 1 am very pleased with the services provided. We have great police, fire and city workers. I wish 1 could be as proud of our city council, Time and again you take us for dupes and try to jam projects down our throats just to make your "friends", the developers, happy. When will it end? Stick to the rules and play by the rules or get voted out when the time comes. Many of us are sick to death of seeing the same scenario played out over and over again. Don't you people ever get the message? You work for the interests ofthe people of Carlsbad, NOT the interests ofthe monied developers and fly by night operators, the corporate fatcats and the bankers. Do we really need to stage an OCCUPY CARLSBAD for you to understand? Most of us do not have the time since we are too busy working to put food on the table, but don't underestimate us. You do so at your own peril (your jobs, that is). Don Burton 7450 Esfera St 760-753-7715 /A/(3/11 Date:_ Distribution: City Clerk Asst. City Clerk Deputy Clerk Book Kira Linberg i^rom: Al Clark <Jazzguy42@roadrunner.com> Sent: Saturday, December 10, 2011 11:30 AM To: Council Internet Email Subject: the Planned Dos Colinas - more congestion, more unwanted growth! Please, NO huge density increases for the Dos Colinas project that are NOT counted against the Growth Management Plan limits and no major changes to land use prior to the city-wide Envision Cai-lsbad general plan. Over $ lm of our tax dollars is being used to update the general plan- it is time to stop allowing developers to ramrod projects through in advance of a sound planning process. Carlsbad doesn't need this. As the city council you are responsible for also maintaining the beauty and space that Carlsbad offers. Are you trying to make Carlsbad into a Mission Viejo in Orange Co. which is characterized by solid construction from hillside to hillside, let alone the traffic problems and other congestion which makes Mission viejo, Laguna Hill, etc (you can't tell them apart) undesirable to live in. Sincerely, Alan D. Clark 2299 Paseo Saucedal Carlsbad ••^ IK: Kira Linberg From: Stuart Molin <stuandcindy@yahoo.com> Sent: Saturday, December 10, 2011 7:37 AM To; Council Internet Email Subject: NO DENSE BUILDING IN DOS COLINAS, AS A CARLSBAD RESIDENCE WE DO NOT WANT ANY DENSE BUILDING. NO TO DENSE BUILDING IN DOS COLINAS. CINDY MOLIN, CARLSBAD Kira Litt berg Prom: Howard Krausz <hkrauszmd@gmail.com> Sent: Monday, December 12, 2011 10:03 PM To: Council Internet Email Subject: Dos Colinas project NO huge density increases for the Dos Colinas project that are NOT counted against the Growth Management Plan limits and no major changes to land use prior to the city-wide Envision Carlsbad general plan. It is time to stop allowing developers to ramrod projects through in advance of a sound planning process. North County Advocates 7668 El Camino Real, Suite 104-258, Carisbad CA 92009 Dec. 13,2011 To Carlsbad City Council Members Re: Dos Colinas Proposed Project Dear Mayor Matt Hall and Carlsbad City Council Members, North County Advocates, a nonprofit 501c3 public benefit corporation located in Carlsbad, stands with Preserve Calavera and Friends of Aviara in opposing the Dos Colinas project as currently presented. This proposed project, approved by the Planning Commission recently, and imder consideration by you, is still another example of the City ignoring the will of its residents despite citizens from the aforementioned groups presenting careftilly thought out reasons why this project needs to be revised. Once again a developer has come to town wanting a land use change to higher density that only benefits the developer. This request does nothing for the residents, many of whom have been here paying taxes, including me, since the 1970s or earlier. I understand the Planning Commission even approved some of this project being in a flood plain. This probably means exfra expense for these ftiture residents as well as for the City and us taxpayers in the long term. To say nothing of how it will affect the increasingly scarce wetlands so important for the survival of already dwindling species of plants and animals in the area. Furthermore, this project if approved will be another exception to the Growth Management Plan (created with considerable time and expense), allowing still more density in Carlsbad which already has way too much traffic! Additionally, why aren't you waiting for the Envision Carlsbad Citizens Committee report to come out on how to create a desirable plan for the 10 percent of undeveloped plan left; why the rush to approve this project before they finish their work? So, why don't you surprise us for once, and vote for the residents' interests and not for the developer's? If you persist in thwarting the people's vsdll and violating established plans here, such as the Habitat Management Plan, the Carlsbad Growth Management Plan, and the Sunny Creek Specific Plan, for example, I may have to ask our NCA board to call in our lawyer to check on the legality of your actions. Regards, Patricia C. Bleha, president North County Advocates is a non-profit 501© 3 public benefit corporation. TIN 27-3158348. www.northcountyadvocates.com FrieiKh A rrienad oj ^ /. // K iWlARA Fre.ieivinq bouth LarblHur\ X ITI^ TTTT /^T December 13,2011 , , r i ' • IZfiSfii (djjULi^^ Mayor Matt Hall 8t City Council Members City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Re: Dos Colinas, request for postponement Dear Mayor Hall 8i Council members: Friends of Aviara (FOA), a local, non-profit group comprised of citizens concerned about the protection of open space and the environment, began expressing its reservations about the Dos Colinas project two years ago. Now we are asking you to delay voting on this project to allow it to be addressed in the Envision Carisbad process. Additionally, we would request that the project be returned to the Planning Commission for further consideration by that body. We have the following concerns: 1. In October, city staff implied to the Planning Commissioners that General Plan Amendments and community commercial designation changes were required for similar developments such as La Costa Glen, Bressi, etc. Following the October meeting, FOA questioned the representation and sought clarification. The staff indicated to FOA that UNLIKE Dos Colinas, there were NO General Plan changes required for La Costa Glen, Bressi, Carlsbad by the Sea, Las Villas, Sunrise or Emeritus. Attached is the document provided to FOA. 2. Under the existing General Plan, this project is not appropriate for the site. This was not discussed at all by the commissioners. This is not good governance if indeed we hold the General Plan to be the Constitution of our city. 3. This approval rests in part on classifying this as a community commercial project instead of a residential project. As a result, the living units created are not counted toward the city's state housing requirements. According to city staff comments at the October meeting, this is being done to avoid the density changes raised by a residential classification. We contend this is poor governance, and such applications for commercial project status instead of residential should receive the most careful scrutiny and be allowed only in exceptional situations. It certainly should not be considered for a parcel the General Plan does not designate as a possible community commercial site. 4. City staff is proposing amending the existing General Plan instead of deferring this matter to Envision Carisbad for a more holistic determination of what is appropriate for the site. This is one of the largest open spaces remaining in the city. During the Planning Commission hearing, city staff explained that the project's residents would have to wait several years for additional commercial development to bring the living experience for residents up to the standards of other developments such as La Costa Glen, Sunrise, Bressi Ranch, etc., whose residents enjoy walkable access to offsite commercial shopping and services. We believe this condition alone carries the day for having this project addressed in Envision Carlsbad. 5. By skipping review of this proposal as part of the new General Plan process, the city is allowing a project to arise like smoke between the two General Plans. That is not fair to past developers or future developers in addition to the community. 6^7 This proposal would transform an area not identified by the state as a "Smart Growth" hot spot into a character changing catalyst for this quadrant. FOA expressed concern that Carlsbad is not getting any world class benefits from this project. There is nothing here that the city can point to and say with pride Carlsbad is using innovative energy saving programs, advanced building techniques, cutting-edge water conservation processes, or unique transportation solutions. What are we getting for making exceptions to our General Plan, avoiding density requirements by designating it as a commercial instead of residential project, cramming elderly drivers and teenage drivers together at risky intersections? We are getting a road, and a long-overdue fix to Rancho Carlsbad's flooding and related problems that the city has allowed to fester for years. FOA believes we are giving up too much for too little. Further, there is no solution to the mandated affordable housing component, and no pledge to include the affordable housing on site. As FOA and staff have noted on this project, there are substantial financial benefits that become available to the developer if it is allowed to move the affordable housing offsite, including state and federal funds available to off-location affordable projects, which reduces the cost to the developer and shifts it to the taxpayer. Additionally, moving offsite allows the developer to have better financing terms from its lender because having the affordable housing on site increases the borrowing costs. FOA contends this cost should be borne by the developer and not the existing landowners - and in this case unsuspecting landowners - who live near some as yet unidentified, off-site location - again a shift of development costs to existing homeowners. FOA requested in October that the Planning Commission request a third-party review of how this project has been handled by city staff. We reiterate that request with the Council. Finally, Planning Commissioners chose to focus on mandating covered parking, removing gaps in the fencing, and installing protection from the elements for users ofthe city bus system when it reviewed this project. FOA believes that all of these issues should be part of the project without question. Indeed we agree with commissioners that these adjustments must be made to make this project more competitive with similar facilities already operating in Carlsbad. If these changes give us in the words of some of our planning commissioners a "worid class" facility, Carisbad must truly be lucky to have its fourth or fifth such "world class" retirement community in its midst. But as residents of this community, we do believe that the responsibility ofthe Planning Commission and the City Council goes beyond making amenity improvements from the dais and includes issues of greater significance. Indeed, we believe the first obligation of our city officials is to the execution of our General Plan. Sometimes that may mean dealing with bigger, harder issues of policy, precedent, and fairness than covered parking, fences, and bus stop shelters. Thank you for your time and attention. Regards, De'Ann Weimer President, Friends of Aviara Carlsbad, CA 92013 P.O. BiKV / )/77)C(ir/j/>iu), C/\ 9201 > l>i>arOnieiulH'ni@t'rien(\H>f(iviar(i.onj u'n'n-.trieiKhoJdviara.on] La Costa Glen and GlenView/GlenBrook (540 independent living units. 106 villas. 79 skilled nursing beds/71 assisted living units. SDP 98-01/CDP 98-04/CUP 98-01. SDP 98-01(A)/CDP 98-04(A)/CUP 98-01(All General Plan: Community Commercial (C), Office (0), Residential Medium High (RMH) Zoning: Planned Community (P-C) Master Plan: Green Valley Master Plan '*'*No GPA or ZC required for development of La Costa Glen or GlenView/Glenbrook (i.e. assisted living 8t skilled nursing). SDP required for senior housing per Master Plan and CUP required for professional care use. Bressi Ranch Assisted Living (50 rooms/82 beds. CUP 08-191 General Plan: Local Shopping Center (L), and Community Facilities (CF), Residential High Density (RH) Zoning: Planned Community (P-C). Per MP 178, all commercial projects shall be subject to development standards of Local Shopping Center Zone (C-L). Master Plan: Bressi Ranch Master Plan (MP 178), Planning Area 15, professional care facility anticipated use, qualifies as commercial living units per staff report **No GPA or ZC required for development of Bressi Ranch Assisted Living; use within the scope of Master Plan Carlsbad bv the Sea (expansion and redevelopment of professional care faciiitv in 1995.159 living units. 33 skilled nursing beds. LCPA 95-07/RP 94-06/CDP 94-06/CUP 94-10/HDP 94-08/V 94-01/PCD/GPC 95-031 General Plan: Village (V), RMH, RH Zoning: Village Redevelopment Zone (V-R), Multiple-Family Residential (R-3)/BA0Z Village Redevelopment Plan •^'^no GPA/ZC required for Carisbad by the Sea expansion; identified as a professional care facility and commercial living units in staff report; also noted that project is not subject to residential density calculation due to commercial service being provided. Las Villas (formerlv known as Villas de Carlsbad. 91 unit professional care faciiitv. CUP 255. CUP 255(Alxl) General Plan: Residential High Density (RMH) Zoning: Multiple-Family Residential (R-3) '**No GPA/ZC required Sunrise (formerlv Avres. 86 roGms/120 beds, professional care faciiitv. CUP 97-04/SUP 97-01/HDP 97- 06/CDP 97-081 General Plan: Residential Medium Density (RM) Zoning: Residential Density Multiple (RD-M) **No GPA/ZC required; staff report states commercial dwelling units are not subject to density restrictions Emeritus (also known as Brighton Gardens. 140 room/160 beds, professional care faciiitv. CUP 96-19/SDP 96-10/SUP 96-06/HDP 96-091 General Plan: Residential Medium Density (RM) and Office (0) Zoning: Residential Professional (R-P) *'*No GPA/ZC required Agenda ''f-n ^ ' ^ / For the members of dw: J^oHC^O' C^<W^i^W Owners' Association, Inc. ^ITY COUNCIL^ ^ 5200 El Camino Real, Carlsbad, California 92010-71 IS-^CM DCM^CAJ^^CC. Phone: (760) 438-0333 Fax: (760) 438-1808 )ate ' H City Managerj^ CITYOr-CMKo^odAO DEC 1 6 2011 PLANNING DEPARTMENT December 14,2011 Hon. Matt Hall, Mayor and City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 In Re: Dos Colinus EIR 09-01 Dear Council Members: We recently wrote objecting to wording in The Conditions of Approval, Resolution 6829. In a later discussion with your staff, they recommended that we submit corrective wording to be incorporated within the Resolution for City review. Our attomey, Sue Loftin, has drafted an ERRATA for your consideration (attached), which we believe will satisfy our concerns but not otherwise change the essence of this Resolution. Thank you for your consideration. Sincerely, Bill Amold, Chair Negotiating Committee Cc: Glen Van Peski, City Engineer Jeremy Riddle, City Engineer Shannon Wemeke, City Plannmg Ronald R. Ball, City Attomey John Rimbach, West Living Sue Loftin, RCOA Counsel ibution:' Date Dtetril City Clerk Asst. City Clerk Deputy Clerk Book Page 1 of2 Main Identity From: "Sue Loftin" <SLoftin@toftinfinn.com> To: '"JimyNoreen Waltrip'" <jnwaltrip@sbcglobal.net>; "Barbara Bevis" <bsbevis@aol.com>; '"Bill Arnold'" <bara52@roadrunner.com>; "Russ Kohl" <RMKohl@aol.com>; "William Culbreth" <WGulbreth@roadrunner.com> Sent: Tuesday, December 13.2011 2:06 PM Subject: RE: ERRATA 12-13-11 (v2) - copy pasted to email WHEREAS, on October 19, 2011 and December 13, 2011 the residents of Rancho Carlsbad Country Club Estates, through their representatives, presented testinnony which raised Issues related to the development of the Relocation Site for the improvements and uses (RV Parking, Resident Garden Plots and Maintenance Facilities) set forth in Planning Commission Resolution No. 6829 "Residential Mobile Home Park Permit Amendment"; WHEREAS, the issues raised by Rancho Carlsbad Country Club Estates are not cleariy addressed in the actions before the Planning Commission, to wit: (1) the Relocation Site must be developed with the Replacement Facilities and the existing uses relocated to the Relocation Site before commencement of grading and constmction of College Boulevard, Reach A portion located on Rancho Carlsbad Parcel 4; (2) the costs, expenses and City obligations imposed by Resolution No. 6829, and the incorporated Resolutions, shall be borne solely by the Developer and (3) Rancho Carlsbad Country Club Estates and Rancho Carlsbad Owners Association, Inc., shall not be responsible for the costs, expenses and City obligations imposed by reason of this development and relocation plan; and WHEREAS, the issues raised by Rancho Carlsbad Country Club Estates require modification of certain conditions of approval, and the Planning Commission and Rancho Carlsbad Owners Association, Inc. is desirous of adopting Resolution No. 6829; THEREFORE, the City adds to Resolution No. 6829 the following: 1. Conditions - Number 14 shall have added to it the phrased "or College Boulevard, which ever occurs first" which results In the first sentence ofthe condition reading as follows: The RV storage and garden area shall be instalied prior to the l>eginnlng of the construction of College Boulevard or of Detention Basin "BJ" pursuant to Exhibits "A" - "S" (Mflinor Subdivision Plans), "A" - "G" (Residential Mobile Home Perk Permit Plans), and "A" - "C" (RV Storage landscape Plans) dated October 19, 2011, which ever development (College Boulevard or Detention Basin "BJ") shall occur first. 2. Engineering - Fees/Agreements shall have a "Note" inserted prior to Condition numfaier 24: Note: Any post'construction permanent agreement required hereunder shall apply only to Phase I of the Final Map, the Replacement Site, and shall not encumber any other parcel owned by Rancho Carlsbad Owners /Association, Inc. DELANO Si DELANO 220 W. Grand Avenue Escondido, Califomia 92025 (760)510-1562 (760) 510-1565 (fax) January 6,2012 2012 VU E-MAIL & U.S. MAIL c^ C.iTV_nLbl2i<.SGt-rieE Agenda Hem ff Date: //^//^ ^"'"^'^^ members of the: stnDutioiii_DCM CAj^cc4r City Clerk - _I|QL city Mnnagg [yi^ — Asst. City Clerk Deputy Clerk flook Honorable Mayor and City Council Members c/o City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Proposed l>s Colinas Prnif??* Dear Honorable Mayor and City Council Members: Hiis letter is submitted on behalf of Friends of Aviara and Preserve Calavera in connection with the proposed Dos Colinas project ("Project") and related Final Environmental Impact Report ("FEIR"). TTie Califomia Environmental (JuaUty Act ("CEQA"), Pub. Res. Code §§ 21000 - 21177 must be interpreted "so as to afford the fiiUest possible protection to the environment withm the reasonable scope ofthe statutory language." Friends of ^ M^Zh V. Board of Supervisors, 8 Cal. App. 3d 247.259 (1972) If anEIRMsto orovide agency decision-makers and the public with all relevant rnformation regardmg a project that is necessary for informed decision-making and informed pubUc parbcipabon, 5ic EIR is legally deficient and the agency's decision must be set aside. Kings County ^mB«rJv.Wo/H«»/orcf.221Cal.App.3d69 described as the 'heart of CEQA"'; its purpose is to inform the pubhc and ite responsible officials ofthe environmental consequences before they are made. Laurel Heights MpZement Assoc. V. University of California^ AT Od.3im, 392 i\m^ t'^T"^ ZZ^Defense CouncUv. CityofLos Angeles (20^)103 Cai. Apv-flSZ, 211 ("The EIR is intended to fiunish both the road map and the environmental price tag tor a proiect, so that the decision maker and the public both know, before the journey begins, iust where the journey will lead, and how much they - and the environment - will have to give up in order to take that journey"). Here, the FEIR is inadequate. The FEIR's discussion of land use impacts is misleading and insufficient The discussion in the land use section ofthe FEIR appears to count the project as residential for the purposes of considering the Growth Management Program ("GMP"). Specifically, the FEIR indicates that there will be 300 dwelling units "allocated to the nrSect area." FEB. at 5.1-40. Of course, this seems somewhat low; since the actual nurnber of units in the CCRC portion ofthe Project wiU be 309, but the basic sbructure of the FEIR appears to recognize that the Project will be counted against the GMP numbers. However staff has indicated that the Project will not be considered against the caps m the Comments re Dos Colinas Project January 6,2012 Page 2 of4 GMP, making the FEIR's discussion of this issue misleading and inconsistent with the Project Furthermore, the failure to count the Project against the GMP is itself a violation of the Generd Plan, Munia^hl Code and Proposition E. The GMP applies to all "residenti44^§|U^'l|^5jdess of their classification in the General Plan or Municipal Code. See Qenasl fm^ Element at 5; Municipal Code § 21.90.185; Proposition E, f'Mf -'m^^^tfW does not exclude a development merely because it requires a conditio!9^ns(s|^^tni^3gj^ it will involve care for elderly residents. See Geaieral Plan I^d.JJ^apmfpjt^^^ Code § 21.90.160; Proposition E, § A. Webster's - Dictionary defiii& •^eSiaS&ft* to mean "the act or fact of residing or dwelling in a place for some continuance mJim^j and defines "dwelling" to mean a "haWtation" or "place of residence." Certainly, the t^sidents" of the Project will meet these definitions. Additionally, the FEIR acknowledges that the existing drainage in the area is msufficient FEIR at 5.14-7. The GMP requires adequate facilities, mcluding adequate dramage fecilities. The FEIR. acknowledges that the GMP requires adequate drainage facilities prior to development The FEIR says sometiung about two "potential storm drain alignments... under consideration," but does not elaborate. The potential "consideration" of improvements is certainly not sufficient to ensure consistency with the GMP requirements and tixerefore is inconsistent with CEQA's public disclosure obligations. Furthermore, Municipal Code Section 21.42.140(B)( 120) contains several specific requirements for RV storage sites. There is no discussion of these requirements or their ^plicability in the FEIR, despite tiie fact that tiie Project proposes an RV storage area. The November 10,2010 letter &om flie WUdlife Agencies notes several inconsistencies witii the HMP. The agencies note tiiat tiie HMP standaids for Zone 15 '^prohibit fill or development witiiin tiie existing floodplain" except in certain sitiiations not applicable here. The agencies also note tiiat tiie Project fails to propose a true conservation mechanism (e.g., a conservation easement) and flie project fails to comply witfi tiie 100-foot buffer reqiurement for wetiands. The FEIR also admits tiiat tiie Project is inconsistent witii tiie HMP's requirement to conserve at least 67% of habitat on-site. The FEIR bends over backwards to try to ^^^^"^ ? ^"""^ """^ significant unpacts after initigation, but in doing so, tiie FEIR fells to senously discuss HMP inconsistencies and it provides a confusing md misleading discussion in tiiose areas where it does address them. For example tiie words "The Dos Colinas Project is consistent witii tiie HMP" are found at least six times in tiie FEIR. FEIR at 5.6-42,52,53,55,56, & 57. However, in a few insSSer^eS ^^^^^T^^^^^T^^^' ^Z^^' indepead^xtly consistent with the HMP, It IS not exphcitiy consistent witii tiie HMP," and it "is not consistent witii all oftiie apphcable standards of tiie HMP." FEIR at 5.6-43,49 & 57. Meshing tiiese Comments re Dos Colinas Project January 6,2012 Page 3 of 4 apparently coniiadictory statements into a cohesive whole is difficult, if not impossible. Nor does flie FEIR appear to want to addiess tiiose inconsistencies m its text The Proiect is likely to lead to water supply unpacts. There is an inadequate showing of water supply for tiie Project The Califomia Suprerne Court recentiy identified fliree "principles for analytical adequacy under CEQA ; f n "CEOA's informational purposes are not satisfied by an EIR flat %^yim>KS^vmcs/^^ aproblem of supplymg waterto a adS^t^^Sn^ impact analys » aid ocSed over a number of years, camiot be limited to tiie water SUDDIY for tiie first stage or flie first few years"; and ?31^%efiituiewater^pplies identified and analyzed must bear a , ieSSodTaSyi^vingavaibble.... An EIR for a land u^ project SaddiesstiieimpMtsoffafotiir6\yatCTS^ SSmust incfcde areiii^d analysis of flie circumstances affecting tiie likelihood of tiae water's availability." Vineyard Area Citizens for Responsible GroM>tk Inc. v. City of Rancho Corrfova (2007) 40 Cal.4* 412,430 - 32 (emphasis in origmal) (citations omitifid). The FEIR fails to comply with these mandates. The Project is likely to have significant economic effects associated witii tiie availability of care for senior citizens m tiie area. There has been no showing ofthe need for anotiier CCRC m Carlsbad, yet existing providers have alerted tiie City to tiieir concems about tiie impact of adding anotiier one in tiie community. Adding anotiier facility could put existing care facilities out of business, leading to blight and otiier environmental effects. Analysis under CEQA must embrace future development tirnt foreseeably will occur if tiie City approves tiie Project City ofAntioch v. City Council (1986) 187 Cal. App 3d 1325,1333 - 36; CEQA Guidelines § 15063(a)(1). The FEIR fails to discuss likely additional development, including tiic expansion of roadways in tiie Project vicinity. Additionally, tiie Project's proposed mitigation measures are overly vague and fail to provide adequate criteria. Sacramento Old City Assn V. City Council (1991) 229 Cal. App. 3d ion, 1029. Substantial changes were made botii to tiie Project and tiie FEIR. These changes were made after tiie pubUc review period for tiie draft EIR ended. As such, recirculation of a revised draft environmental document should take place before tiiis matter is approved by the City Council. The City must demonstrate by substantial evidence that tiie findings are supportable. Pacific Corp. v. City of Camarillo (im 149 Cal.App.3d 168,178. The Comments re Dos Colinas Proj ect January 6,2012 Page 4 of 4 evidence supporting an agency's findings must have "solid value" in light oftiie entire record, mcluding contrary evidence. Bank of America v. State Water Res. Control Bd (1974) 42 Cal.App.3d 198,213. The proposed findings for tiie Project, while numerous, are not supported by substantial evidence. Accordingly, Friends of Aviara and Preserve Calavera request tiiat the City reject tiie Project and FEIR. Thank you for your consideration of these comments. Sverett DeLano cc: Shannon Wemeke, City Plaimer Agenda Item # For the members of the: CITY COUNCIL y ACM__DCM CA "^C RICHARD R. HORNER, PH.D. Date J^- City Manager Ji^::^ Box 551, 1752 NW MARKET STREET TELEPHONE: (206) 782-7400 SEATTLE, WASHINGTON 98107 E-MAIL: iThorner-g.msn.com January 6, 2012 Distribution: City Clerk Asst. City Clerk Deputy Clerk Book Shannon Wemeke, Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Werneke: At the request of Preserve Calavera and Friends of Aviara, 1 reviewed documents submitted by the proponent ofthe Dos Colinas development in the City of Carlsbad, with principal interest in qualitative and quantitative descriptions of the proposed stormwater management system. This letter provides the opinions I formed. 1 found the proposed plan to be deficient in providing complete information in several key areas. Most troublesome in my opinion is the near absence of detail on construction-phase stormwater management, when already sediment-limited Agua Hedionda Lagoon would be at risk without an effective plan to prevent elevated sediment discharge. The permanent stormwater management facilities and the drainage network are in a preliminary state of design lacking essential details for full evaluation. Therefore, I believe both the temporary and permanent stormwater plans are too under-developed to support a decision on project approval at this time. In forming my opinions 1 reviewed and assessed a number of documents governing the project or submitted to describe the overall plan and its stormwater management features, including: Dos Colinas Final Environmental Impact Report (FEIR), Section 5.12 and relevant portions of Sections 5.6, 5.8, and 5.14; FEIR Appendices J1-J4 and K3; and vvww.clearcreeksolutions.com. for status of San Diego Hydrology Model. In evaluating the Dos Colinas documents 1 applied the experience of my 35 years of work in the stormwater management field and 11 additional years of engineering practice. During this period 1 have performed research, taught, and offered consulting services on all aspects ofthe subject, including investigating the sources of pollutants and other causes of aquatic ecological damage, impacts on organisms in waters receiving urban stormwater drainage, and the full range Shannon Werneke January 6, 2012 Page 2 of methods of avoiding or reducing these impacts. The attachment to this letter presents a more complete description of my background and experience. My full curriculum vitae are available upon request. The documents do not provide complete information in several important areas. I assert that a project put forward for approval to proceed should provide all ofthe information regulators and citizens'need'to make a full and confident evaluation of the proposal and its potential environmental effects. The Dos Colinas project documents do not meet this standard, specifically witl^respect to: ; c • • The con§tructidn-phase stormwater management plan; • Designs of the permanent stormwater management facilities; • A full demonstration of the claimed achievement of hydromodification prevention; • A demonstration that the West Basin system has sufficient capacity to take runoff also from the South catchment, allowing elimination of the South Basin; and • How drainage facilities that do not now meet adopted performance standards will be improved. Construction-Phase Stormwater Management Plan The documents say little more than a construction stormwater pollution prevention plan (SWPPP) will be developed consistent with the construction stormwater general permit prior to issuance of a grading permit. This near complete lack of detail is a major shortcoming. The ultimate receiving water, Agua Hedionda Lagoon, is already listed under Section 303(d) ofthe Clean Water Act as impaired for sediments. A SWPPP can be consistent with the permit and still not offer sufficient protection, especially to already impaired waters. For example, relying on an inferior practice like a silt fence, which is mentioned among the extremely scant details given on this subject, would create a high risk of elevated sediment discharge to the lagoon. The proponent should be required at this stage to demonstrate convincingly that superior practices will definitely be used and that they will avoid this outcome. Construction zones cleared of vegetation and not otherwise stabilized yield much more sediment compared to the original area well covered with plants and to the same area restablized with vegetative cover following construction. Measurements and estimates using a mathematical model (Revised Universal Soil Loss Equation) indicate 30 to more than 1000 times as much soil loss after compared to before clearing. Therefore, one year of construction with no or inferior erosion controls can release into the environment as much sediment loading as occurred over decades or even centuries before the piece of land was cleared. Shannon Werneke January 6, 2012 Page 3 Increased sedimem transport into streams and estuaries has numerous ecological consequences including: • Covering and seeping into the gravels where fish spawn and eggs develop; in filling the pore spaces, sediments restrict the flow of water carrying dissolved oxygen, resulting in asphyxiation of the young; • Covering the stones serving as habitat for fish food sources (e.g., insects, algae); • Filling pools where fish rest and feed; • Reducing visibility, making it harder for fish to find food and avoid predators; • Reducing light penetration to underwater plants and algae; • Abrading the soft tissues of fish, especially gills; and • Transporting other pollutants present in the soil or picked up in transport. Soils generally contain nutrients such as phosphorus and nitrogen that fertilize plants and algae. These nutrients are transported along with eroded soil. When they enter natural water bodies and raise the amounts of these substances present in the water, they can stimulate increased growths of algae and aquatic plants, a process known as eutrophication. In these circumstances the forms of algae tend to change from single-celled organisms to filamentous forms, which are less desirable for several reasons. They are generally an inferior food source for wildlife; clog water mtakes, conveyances, and boat motors; and foul beaches when they wash up on them. When the increased masses of algae die, bacteria decomposing them exert a large demand on the oxygen dissolved in the water and reduce the amount available for fish. It is not unusual for a eutrophic lake or estuary to have little or no oxygen in the colder waters at the bottom and reduced oxygen even near the surface. There was no clear recognition of these potential problems in any document that I reviewed. Effective controls are available to prevent erosion and sediment movement but received virtually no attention. Prior to approval to proceed any farther, the applicant should submit an analysis of the water quality risk during construction and a plan to alleviate it by preventing the transport of sediment from the site. Permanent Stormwater Management Facilities Designs The various ponds, swales, "wetlands in a box", etc. anticipated to serve for water quality and quantity management in the finished development are advanced little beyond conceptual designs at this point. The documents provide no account of how tentative sizes were computed, so that an independent analyst like me could form an opinion on the likely adequacy ofthe quantities. Sizing was largely based on the "Rational Method", an extremely simplified and outdated hydrological method. Site-specific soils data were not employed in the procedures (see further- Shannon Werneke January 6, 2012 Page 4 discussion of this point below). These methods make the designs very preliminary, and they should be more highly developed before approval is further contemplated. Demonstration of Hydromodification Prevention The FEIR claims, "... a reduction in the flow duration curves for all peak flows in Post- Development Conditions as compared to Pre-Development Conditions ... ." The document does not verify this statement with any evidence. 1 consulted Appendix J4, which details the hydromodification study to attempt to find the evidence. While the appendix references some graphs that may provide the evidence 1 sought, they are missing in the appendix. 1 would like to have the opportunity to verify the claims and request that this information be provided before the project can move any farther. Elimination of the South Basin Appendix K3 states an engineer's "opinion" that the West Basin system has sufficient capacity as tentatively sized to manage runoff from the southem catchment. There is no documentation whatsoever to back up the opinion. As pointed out above, the basins are in a preliminary design state, making the need to prove the assertion even greater. Drainage Facilities Not Meeting Performance Standards FEIR Secfion 5.14.5.3 acknowledges in a general way that drainage facilities existing on the site do not meet adopted performance standards and that the project will be responsible for constructing facilities that do. That is where it is left, though, with no word on what the improvements might be, beyond that two alignments are under considerafion. As with other poorly detailed elements ofthe proposal, this coverage is too thin allow proper decision making. It should be expanded before an approval decision is considered. Soils condifions are crucial factors in stormwater management and were not tested on the site. The applicant has not reported the soil characteristics most important in selecting and designing stormwater management facilities. This statement especially applies to facilifies ofthe low impact development type heavily reliant on the soils as well as the vegetation characteristics. There is not much more of this crucial information than that the soils are largely in Hydrologic Soil Group D, the category most restrictive to water infiltration. While it is not stated, this characterization probably relied solely on the U.S. Department of Agriculture (USDA) soil survey. Soil survey data of this nature were generally not obtained through on-site testing, or even observation, but commonly through more remote sensing. They are, accordingly, sometimes wrong or misleading. Soils and related hydrogeologic conditions (e.g., groundwater table position) can vary extensively within short distances. Coarser, more infiltrafive formations can lie among finer, more restrictive ones. The water table location may not match the one ostensibly characterisfic of the named soil type. Shannon Werneke Jnnnary 6, 2012 Page 5 These factors are highly important to stormwater practice selection and design. It could be that there are at least some permeable pockets on the site that could be exploited for infiltration, avoiding underdrains that reduce the effectiveness of these devices for runoff quantity and quality control. Without data, it is simply impossible to get to detailed designs. It is essential, in my opinion, for the proponent to characterize thoroughly the soils of all portions ofthe site that will be subject to construcfion and where stormwater management facilifies could be placed. This characterization should include areally extensive soil coring to some depth below the surface and the beds ofthe proposed stormwater management units, analysis of textural properties in the core samples, percolation testing to determine infiltrafion rates, and identification of any areas where seasonal high water table could affect runoff production and stormwater management facility design and operation. The resulfing data should be employed in reassessing the selection of practices and their placement and design. There is no single numerical rule governing the number or spacing of monitoring locations. A strategy would be to scatter pits throughout the entire property and then replicate them in order to narrow spacings. Areas for proposed infiltration facilifies should be especially well covered (one test site for each 5000 ft^ of basin surface is recommended by the Stonnwater Management Manual for Westem Washington). If replication should show little variability in some locations but more in others, it would then be reasonable to concentrate the last set of tests in the areas of greater variability. This strategy is consistent with the advice in what, in my opinion, is one of the better stormwater manuals, issued by the City of Santa Barbara: The number of test pits required depends largely on the specific site and the proposed development plan. Additional tests should be conducted if local conditions indicate significant variability in soil types, geology, water table levels, bedrock, topography, etc. Similarly, uniform site condifions may indicate that fewer test pits are required. The project proponent, in part, used an out-dated hvdrologic modeling technique. The San Diego area now has a state-of-the-technology continuous simulafion hydrologic model, the San Diego Hydrology Model (SDHM), based on the U.S. Environmental Protection Agency's (USEPA's) Hydrologic Simulation Program - FORTRAN. The Dos Colinas hydromodification investigafion (Appendix J4) employed this model. Unaccountably, the drainage study (Appendix J2) and the preliminary designs of water quality features did not. These portions of the project development used the grossly inferior Rafional Method. The Dos Colinas applicant should start these analyses over with SDHM and the soils data gathered according to my recommendation above. That analysis should be applied to make the optimum choice of management practices, to select their most advantageous placement on the site, to design them in detail, and to demonstrate that they will actually protect the receiving water from the impacts of elevated peak flow rates, extended flow durations, and degradation by the pollutants typical of residential runoff Shannon Werneke January 6,2012 Page 6 Gaps in the analvsis and proiect development could pose a significant risk to water qualitv in mv opinion. The immediate receiving water is Agua Hedionda Creek, which feeds into Agua Hedionda Lagoon. Agua Hedionda Creek is on the State Water Resources Control Board's Clean Water Act Secfion 303(d) list as impaired for several pollutants (manganese, selenium, sulfates, and total dissolved solids), and Agua Hedionda Lagoon is listed for indicator bacteria and sedimentation/siltafion. This coastal lagoon is a critical regional resource providing freshwater and estuarine habitats for numerous plant and animal species and is experiencing impairments to beneficial uses due to excessive coliform bacteria and sediment loading from upstream sources.' If the construction SWPPP is ineffective, construction of the development is likely to increase the delivery of sediments to the creek for transport onward to Agua Hedionda Lagoon, where they will aggravate the existing sediment problems. Discharges from the finished development, if it lacks an effective stormwater quantity control system, will erode the creek, adding to the sediment burden. Without proper pollution prevention or treatment, these flows will deliver sediments and bacteria, among the pollutants most responsible for downstream impairments, as well as other contaminants characteristic of residential runoff The gaps in information presented to date signify the existence of a potentially significant threat to water quality if Dos Colinas is allowed to proceed on this basis. I would be pleased to answer any questions you may have and invite you to contact me if you with wish. Sincerely, /-fcr-u^-^ Richard R. Horner Cc: Everett DeLano Attachment: Background and Experience; Richard R. Horner, Ph.D. ' littp://vvww.proiectcieainvater.oriJ, html/vvs carlsbad.html BACKGROUND AND EXPERIENCE RICHARD R. HORNER, PH.D. I have 35 years of experience in the urban stormwater management field and 11 additional years of engineering practice. During this period 1 have performed research, taught, and offered consulting services on all aspects of the subject, including investigating the sources of pollutants and other causes of aquatic ecological damage, impacts on organisms in waters receiving urban stormwater drainage, and the full range of methods of avoiding or reducing these impacts. I received a Ph.D. in Civil and Environmental Engineering from the University of Washington in 1978, following two Mechanical Engineering degrees from the University of Pennsylvania. Although my degrees are all in engineering, 1 have had substantial course work and practical experience in aquafic biology and chemistry. For 12 years beginning in 1981 1 was a full-time research professor in the University of Washington's Department of Civil and Environmental Engineering. Subsequently, I served half time in that position and had adjunct appointments in two additional departments (Landscape Architecture and the College of Forest Resources' Center for Urban Horticulture), until October 2011 when I assumed emeritus status. While my research and teaching continue at a reduced level, I spend the remainder of my time in private consulfing through a sole proprietorship. My full credentials are available upon request. I have conducted numerous research investigations and consulting projects involving all aspects of stormwater management. Serving as a principal or co-principal investigator on more than 40 research studies, my work has produced three books, approximately 30 papers in the peer- reviewed literature, and over 20 reviewed papers in conference proceedings. I have also authored or co-authored more than 80 scientific or technical reports. In addition to graduate and undergraduate teaching, 1 have taught many continuing education short courses to professionals in practice. My consulfing clients include federal, state, and local government agencies; citizens' environmental groups; and private firms that work for these entities, primarily on the West Coast ofthe United States and Canada but in some instances elsewhere in the nation. Over an 18-year period I spent a major share of my fime as the principal investigator on two extended research projects concerning the ecological responses of freshwater resources to urban conditions and the urbanization process. I led an interdisciplinary team for 11 years in studying the effects of human activities on freshwater wetlands of the Puget Sound lowlands. This work led to a comprehensive set of management guidelines to reduce negative effects and a published book detailing the study and its results. The second effort, extending 10 years, involved an analogous investigation of human effects on Puget Sound's salmon spawning and rearing streams. These two research programs had broad sponsorship, including the U.S. Environmental Protecfion Agency, the Washington Department of Ecology, and a number of local governments. 1 have helped to develop stormwater management programs in Washington State, California, and British Columbia and studied such programs around the nafion. 1 was one of four principal participants in a U.S. Environmental Protection Agency-sponsored assessment of 32 state, regional, and local programs spread among 14 states in arid, semi-arid, and humid areas ofthe West and Southwest, as well as the Midwest, Northeast, and Southeast. This evaluation led to the 1997 publication of "Insfitutional Aspects of Urban Runoff Management: A Guide for Program Development and Implementation" (subtitled "A Comprehensive Review ofthe Institutional Framework of Successful Urban Runoff Management Programs"). My background includes 18 years of work in Southern California, where I have been a federal court-appointed overseer of stormwater program development and implementation at the city and county level and for two Caltrans districts. I was direcfiy involved in the process of developing the 13 volumes of Los Angeles County's Stormwater Program Implementation Manual, working under the terms of a settlement agreement in federal court as the plaintiffs' technical representafive. My role was to provide quality-control review of mulfiple drafts of each volume and contribute to bringing the program and all of its elements to an adequate level. I have also evaluated the stormwater programs in San Diego, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, San Luis Obispo, and Monterey Counties, as well as a regional program for the' San Francisco Bay Area. At the recommendation of San Diego Baykeeper, I have been a consultant on stormwater issues to the City of San Diego, the San Diego Unified Port District, and the San Diego County Regional Airport Authority. 1 was a member ofthe Nafional Academy of Sciences-National Research Council (NAS-NRC) committee on Reducing Stormwater Discharge Contributions to Water Pollution. NAS-NRC committees bring together experts to address broad national issues and give unbiased advice to the federal government. The present panel was the first ever to be appointed on the subject of stormwater. Its broad goals were to understand better the links between stormwater discharges and impacts on water resources, to assess the state ofthe science of stormwater management, and to apply the findings to make policy recommendations to the U.S. Environmental Protection' Agency relative to municipal, industrial, and construction stormwater permitting. The committee issued its final report in October 2008. U. S. Fish and Wildlife Service Carisbad Fish and Wildlife Office 6010 Hidden Valley Road, Suite 101 Carisbad, Califomia 92011 760-431-9440 FAX 760-431-9618 Califomia Department of Fish and Game South Coast Region 3883 Ruffin Road San Diego, Califomia 92123 85A-48';-4i01 -— In Reply Refer To: FWS/CDFG-SDG-10B0054-11TA0580 Ms. Shannon Wemeke Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008-7314 'ma 467-4299 Agenda Item # '3 Distribution: For the members of tlClty CleHftV 21 2011 CITY COUNCIL A.lx ^, , ACM_DCM_cAj::S825*- City Clerk DateifLCity Manager ^Uty Clerk "Book I Subject: Comments on the Final EIR and Habitat Management Plan Consistency Findings for the Dos Colinas Project City of Carlsbad, San Diego County, California (SCH #2009111085, EIR 09-01) Dear Ms. Wemeke: The Califomia Department of Fish and Game (Department) and the U.S. Fish and Wildlife Service (Service), hereafter collectively referred to as the Wildlife Agencies, have reviewed the September 2011 Final Environmental Impact Report (FEIR, BRG Consulting 2011) and supporting documentation for the Dos Colinas Project (Project). The Wildlife Agencies have provided input on the proposed Project since 2007, including; (a) a comment letter dated December 17, 2009, on the Notice of Preparation of tiie Draft Environmental Impact Report (DEIR) for the Project; (b) a comment letter dated November 10, 2010, on the DEIR; (c) comments during several meetings with the City of Carlsbad (City) and the Applicant (West Living R/E, LLC), most recently on February 2, 2011; and (d) communications by electronic mail and phone. The primary concem and mandate of tiie Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.) including habitat conservation plans (HCPs) developed under section 10(a) (1) of the Act, such as the City's Habitat Management Plan (HMP, 2004). The Department is a Tmstee Agency and a Responsible Agency pursuant to the Califomia Environmental Quality Act (CEQA), Sections 15386 and 15381, respectively. The Department is responsible for the conservation, protection, and management ofthe State's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the Califomia Endangered Species Act (CESA), the Natural Community Conservation Planning Program (NCCP), and other sections of the Califomia Fish and Game Code. The City is currently participating in the NCCP and the Service's HCP programs by implementing its HMP. Ms. Shannon Wemeke (FWS/CDFG-SDG-10B0054-11TA0580) 2 Subsequent to the close ofthe public comment period for the Project-related DEIR and follow-up discussions among the City, Wildlife Agencies, and the Applicant, the No Affordable Housing Site Altemative (Section 6.4 of the Draft EIR) was modified to address the Wildlife Agencies' concems. The resultant Refined No Affordable Housing Site Altemative (Refined Altemative) described in the FEIR reflects the modifications, is recommended by City staff and the Applicant for approval, and was recommended for certification by the City's Plaiming Commission on October 19,2011 (Plarming Cbfnmis'sion Resolution No. 6825). Project Site Location The proposed Project site in the northeast segment of the City consists of one 47,5-acre on-site parcel [Assessor Parcel Number (APN) 209-060-70] and portions of three other parcels [APNs 168-050-35 and 209-060-58, and Rancho Carlsbad Owners Association (RCOA)] that extend from the intersection of Cannon Road and College Boulevard south through undeveloped lands to the intersection of College Boulevard and Sunny Creek Road. APN 209-060-70 would be divided into three parcels - Parcel 1 for a Continuing Care Retirement Community (CCRC, 35.31 acres), Parcel 2 for a RV Storage/Garden area (6.73 acres), and Parcel 3 for an upland open space/biological conservation easement (1.21 acres). The majority of the site lies within Local Facilities Management Zone 15, a Proposed Standards Area of the HMP. The future alignment of College Boulevard - Reach A (analyzed previously in the certified EIR for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4 & Detention Basin, RECON 2001, EIR No. 98-02, SCH No. 99111082, and the Service's Biological Opinion for College Boulevard - Reach A and Basin BJ Project - FWS-SDG-10B0209-10F0415) would define the eastem boundary of the proposed CCRC. Project Description The Project description herein reflects the Refined Altemative, as described in the September 2011 FEIR. Relative to the previously proposed Project (as still described in Section 3 of the FEIR), the Refined Altemative entails the following modifications [Merkel & Associates (M&A) 201 la, 201 lb] which result in a reduction of impacts on biological resources and floodplain. 1. The Affordable Housing Site (APN 209-060-68) has been withdrawn from the project to be left as-is without any physical changes or changes to the existing General Plan Land Use designations or zoning. Instead, the Refined Altemative would meet its affordable housing obligation either within the CCRC or off site within another existing project that has exceeded its affordable housing requirements.' If the Applicant decides to meet the inclusionary housing requirement off site and is unable to purchase credits from a project which has surplus inclusionary units, the Applicant would have to research other options. Any new development (i.e., not approved already) proposed to meet the affordable housing obligation would require its own permits and CEQA review (pers. comm.. City - Shannon Wemeke, 11-02-2011 electronic mail). Ms. Shannon Wemeke (FWS/CDFG-SDG-10B0054-11TA0580) 3 2. The equestrian parcel, previously known as Parcel 4 (APN 209-060-71) has been withdrawn from the Project and left as-is without any physical changes or changes to existing General Plan Land Use designations or zoning. 3. The CCRC site has been modified such that all impacts are limited to APN 209-060-70 (i.e., the fill slope and southem cottages have been pulled back so there is no encroachment onto the equestrian property and the detention basin has been relocated). 4. Basin BJ has been identified as a location to offset floodplain fill impacts resulting from the CCRC development (i.e., nonessential infrastructure). As an altemative to offsetting the CCRC-related floodplain loss in Basin BJ, floodplain creation on tiie equesti-ian parcel could occur. If this altemative scenario is selected, floodplain would be created by lowering the equestrian pads. This change would be consistent with potential future uses ofthe equestrian parcel as compensatory wetland mitigation for the College Boulevard - Reach A project or other fiature projects requiring wetiand mitigation. The Refined Altemative would be developed in two phases. Phase I would involve the relocation and reconstmction of a recreational vehicle storage and garden area (the RV Storage/Garden Area) for the residents of Rancho Carlsbad Estates. This would occur concurrently with the constmction of College Boulevard - Reach A and Basin BJ, the latter to conti-ol flooding impacts within the watersheds of Calavera Creek and Little Encinas Creek The proposed RV Storage/Garden Area is designed to replace existing offsite facilities located on property owned by the RCOA northeast ofthe alignment for College Boulevard - Reach A The RV Storage/Garden Area is required as a mitigation measure in the certified EIR for the Calavera Hills Master Plan, specifically for the College Boulevard - Reach A element of that proiect Access to the RV Storage Parking/Garden Area would be provided from the existing street" system within Rancho Carlsbad Estates. ^u^'r^^lT''^'^ development ofthe CCRC. In conjunction with the constmction of the CCRC, an offsite storm drain for which three possible alignments are proposed for permanent drainage, would be mstalled to convey mnoff (after passing through the detention basins) from the proposed CCRC to Agua Hedionda Creek (see Figure 6.4-2 in the FEIR). Ofthe altemative alignments for the off-site storm drain, the most recently identified would be placed within the existing paved road in the Rancho Carlsbad Estates and connect to Agua Hedionda Creek via an existing box culvert in Rancho Carlsbad Drive. This alignment would eliminate impacts to Department-regulated activities involving tiie streambank and eliminate all Project-related impacts on wetiands or regulated watercourses. With tiiree exceptions, the development associated with the CCRC and RV Storage/Garden Area would be set back at least 100 feet from existing wetland habitats adjacent to Agua Hedionda and Little Encinas Creek. The three exceptions are the realignment of existing Don Carlos Drive to connect to an existing paved road which is currentiy within 10 feet of Little Encinas Creek the sewer crossing of Little Encinas Creek along an existing 10-foot to 14-foot wide road with'a >Is. Shannon Wemeke (FWS/CDFG-SDG-10B0054-11 TAOS80) 4 jnaintenance-only access road within a 20-foot right-of-way easement, and the aforementioned possible extension of a stomi drain to Agua Hedionda Creek through the existing golf course. In each of these situations, existing conditions preclude the provision of a 100-foot wide buffer. Pennanent fencing (5-foot lodge pole fence with vinyl chain-link) and signs would be installed between the open space areas and the CCRC, no lighting is proposed within Parcel 3 (the open space area that would be placed in biological conservation easement), and the temporary and permanent outdoor lighting within the CCRC would be low-pressure sodium lighting that is downcast and fully shielded. The Project-related Fire Protection Plan places the 60-foot fiiel modification zones around the southem and westem perimeter ofthe CCRC and outside of Parcel 3. Landscaping within the fuel modification zones would be consistent with the HMP and has been discussed with the Fire Marshall. The Landscape Architect for the Project has been encouraged to coordinate with M&A biologists to ensure the use of native plants along development slopes and adjacent to Parcel 3 as well as non-project areas (i.e., equestrian parcel). The Landscape Architect has the native planting recommendations in the Project-related July 29,2010, Biological Resources Report and its July 26, 2011, Addendum (M&A 201 la). Sensitive Fauna Observed The sensitive species observed during Project-related biological surveys were least BeU's vireo {Vireo belliipusillus, "vireo," an HMP-covered species), Cooper's hawk {Accipiter cooperii, an HMP-covered species), sharp shinned hawk {Accipiter striatus), northem harrier {Circus cyaneus), white-tailed kite {Elanus leucurus, a State fiilly protected species), loggerhead shrike {Lanius ludovicianus), yellow warbler {Dendroica petechia brewsteri), yellow-breasted chat {Icteria virens), Califomia horned lark {Eremophila alpestris actia), and Nuttall's woodpecker {Picoides nuttallii). No coastal Califomia gnatcatchers {Polioptila californica californica) were detected on site or within the 300-foot mapping buffer during the 2006 or 2009 protocol surveys. No vireos were observed within the footprint of the Refined Altemative. However, one paired male vireo (Vireo #1) with at least two fledglings was observed within the 300-foot mapping buffer during the 2009 protocol surveys. The observed use area for Vireo #1 is within the proposed College Boulevard - Reach A alignment for which impacts were previously analyzed in the certified EIR for the Calavera Hills Master Plan and the Service's Biological Opinion FWS- SDG-10B0209-10F0415. Two additional vireos, Vireo #2 (also a paired male with at least two fledglings) and Vireo #3 were detected off site. Ms. Shannon Wemeke (FWS/CDFG-SDG-10B0054-11TA0580) ; Project Biological Impacts, Mitigation, and HMP Consistency Losses of Habitat and Associated Mitigation The Refined Altemative would result in approximately 38.34 acres of permanent impacts (inclusive oftiie fuel modification zones) and 0.85 acre of temporary impacts, as shown in Table 1. Table 1 also shows the mitigation ratios for permanent and temporary impacts and the acreages needed to meet these requirements. Table 1. Summary of Pemianent and Temporary Impacts and Proposed Mitigation Refined Alternative - j Impacts '• I Project Site (acres)' Vegetation Community )acts On site Offsite Total Permanent Temporary Mitigation Ratio Required Coastal valley and freshwater marsh Disturbed valley needlegrass grassland Diegan coastal sa^;e scmb 0.00 <0.I0 <0.10 <0.I0 0.00 0.00 0.00 1:1 <O.I0 1.70 0.04 0.00 0.00 1.70 0.60 0.00 0.05 3:1 0.13 Extensive agriculture 35.20 0.10 35.30 34.30 0,30 Fee Extensive agriculture - sycamore grove' 0.20 0.00 0.20 0.00 0.00 Fee Eucalyptus woodland Disturbed habitat 0.10 <0.10 0.20 2.00 0.20 0.10 0.10 2.10 Fee Fee 1.80 0.10 Fee Urban/developed 1.80 1.20 3.00 .40 0.30 N/A TOTAL 41.10 1.60 42.70^ 38.34 -^fT r-J \ ; I—-z^^ 1 I -'...lyi I JO.J1 I 0.85 0.78 llV^tZlt T'^' ' been separated based on lands located within the on-site Versus off-site parcels (i.e.. those parcels assoc ated with the Sted SrSy.' " ^"'"''"''^'''' ^^^'^^^O " '^"^h A. which will be pl^J^Bridt'fJTH^^^^^^ "-^^ ^ PO^'O" Of fe site will be impacted by the Calavera Hills Master Plan ^Z t^lTrT No. 4 & Detention Basin project, specifically the College Blvd. - Reach A and Basin BJ component ot tne project. These impacts are required to be mitigated under the previously cited certified EIR Th is community does not meet any of the three wetland parameters and does not function as a wetland habitat; rather it functions as an element ofthe surrounding agricultural vegetation community and, thus, has been idenlified as extensive agriculture 3. The proposed preservation of Parcel 3 as open space through the recordation of a biological conservation easement would mitigate for the losses of habitat. The 1.21-acre Parcel 3 supports Diegan coastal sage scrub (0.95 acre), disturbed coastal sage scmb (0.13 acre), and extensive agnculture lands (0.13 acre). The sage scmb within Parcel 3 is composed of high quality floral components including more than 100 Califomia adolphia {Adolphia californica), a Califomia Native Plant Society (CNPS) List 2 special plant. The proposed mitigation for the permanent impacts to 0.04 acre of valley needlegrass grassland is the preservation and restoration of 0.13 acre on Parcel 3. Restoration would involve removal of nonnative species and replacement with native grasses and sage scrub associates. The long-term management ofthe easement would be funded through a non-wasting endowment. This action would convert the parcel to a Hardline Conservation Area for the City's HMP. Mitigation for permanent impacts to extensive agriculture, extensive agriculture - sycamore grove, Eucalyptus woodland, and disturbed habitat would be accomplished through the payment of mitigation fees as required by the City's HMP. Ms. Shannon Wemeke (FWS/CDFG-SDG-10B0054-11TA0580) 6 Losses of Floodplain The 3.94 acres of Agua Hedionda Creek upland floodplain proposed to be filled would accommodate the RV Storage/Garden Area (essential infrastmctiare, 2.34 acres), the RCOA emergency access (essential infrastmcture, 0.55 acres), and the CCRC (nonessential infrastructure, 1.05 acres). Per Section D.3.C ofthe HMP (page. D-79), fill or development whhin the floodplain is prohibited except where required for essential infrastmcture. Please see the Wildlife Agencies' comment #1 on page 7 of this letter for more on this matter. The loss of volumeti-ic capacity associated with the CCRC-related fill ofthe floodplain would be compensated by the constmction of five unlined ponding areas within three proposed detention basins (West, Central, and South). These basins would also treat post-constmction stormwater runoff To ensure no loss of floodplain area as a matter of hydrologic and hydraulic design (as opposed to volumetric capacity), either Basin BJ or the equestrian parcel would be used. Impacts on Birds The FEIR (pages 6-71, 6-72, 6-75, and 6-76) provides measures to avoid and minimize impacts on ayian species, including vireo and Cooper's hawk for both Phases I and II ofthe Refined Altemative. Wildlife Agencies' Concurrence with the HMP Consistency Findings The Wildlife Agencies' consideration ofthe Refined Altemative relative to its consistency with the City's HMP involved review of the following: the description of the Refined Altemative in Section 6.4 ofthe FEIR, the biological mitigation measures described in the FEIR (pages 6-69 through 6-76) for the Refined Altemative, the Addendum to the Biological Resources Report, the City's Response to Comments received on the DEIR, and the HMP Consistency Findings for the Refined Altemative (M&A 201 lb); project-related communications and meetings subsequent to our previous letters; our knowledge of sensitive and declining vegetation communities in the County of San Diego; and our participation in regional conservation planning efforts, including the City's HMP. Based on this review, the Wildlife Agencies concur that the Refined Altemative for the Dos Colinas Project is consistent with the City's HMP. Should the City Council not approve of the Refined Altemative, it will be necessary to resubmit HMP consistency findings to the Wildlife Agencies for whatever altemative the City Council does approve. We appreciate the City's and the Applicant's thorough consideration of the Wildlife Agencies' comments and 2 The Applicant for the construction of College Boulevard is required to construct Basin BJ for flood control purposes, which is separate firom any HMP-related floodplain impacts. Basin BJ would be constructed along Little Encinas Creek by pulling back the existing creek banks, avoiding impacts to the ordinary high water mark and lowering the adjacent area to allow for overbank flooding and peak flow storage. This would result in creation of 100-year floodplain along Little Encinas Creek which has not been "counted" as HMP floodplain offsets for any other project, including College Boulevard. Basin BJ is expected to require minimal maintenance limited to removal of debris build up, and sediment removal as determined necessary by the City. Creation of the Basin BJ would remove urban/developed lands from Core Area 3 and replace these lands with floodplain making the area more compatible with the adjacent conservation lands. Ms. Shannon Wemeke (FWS/CDFG-SDG-10B0054-11TA0580) 7 concems about the previously proposed Project design, and the effort put into providing the Refined Altemative in response to ours and others' comments and concems. In the two following comments, we elaborate on our reasoning for our concurrence relative to two requirements in the HMP. 1. Notwithstanding our concurrence, we note that the 1.05-acre of Agua Hedionda Creek floodplain fill proposed for the CCRC (non-essential infrastmcture) is, strictly speaking, non-compliant with the HMP's prohibition of fill or development within the existing floodplain in Zones 14, 15, 20, and 25 except where required for essential infrastructure. Our acceptance ofthe proposed loss of floodplain in this instance does not apply to any ftiture proposed losses of the floodplain in Zones 14, 15, 20, and 25. We appreciate the City's acknowledgement in the documentation we reviewed that, though not explicitly stated in the HMP, the intent of the HMP's prohibition is to conserve floodplain to provide protection of swaths of natural lands along riparian corridors to accommodate wildlife movement. We agree with the City assertion that it is pmdent to consider the contextual nature of the floodplain when assessing its fiinction as a wildlife movement corridor. We fiirther agree that the floodplain areas to be filled for non-essential infrastmcture (i.e., CCRC) contain low corridor values, and (whether filled or restored) provide limited benefit to wildlife movement. Factors to consider in this case are the approximate 450-foot distance between the floodplain fill north of the bed and bank of Agua Hedionda Creek and 300-foot distance south of the bed and bank of Littie Encinas Creek, the existing intervening land uses (manicured golf course and recreational facilities - tennis court, bocce ball courts, and grass/field area) between the creek systems and the floodplain areas, and the existing condition of the floodplain areas (extensive agriculture and disturbed habitat which are annually disked/mowed for fallow agricultural purposes). In addition, we recognize that the proposed loss of floodplain is 4.04 acres less than the total 5.09 acres of floodplain loss that was previously proposed. 2. The Refined Altemative would result in the loss of 0.65 acre of the existing 1.7 acres of unoccupied coastal sage scrub. The HMP requires the conservation of 67 percent of the coastal sage scmb overall within the Standards Areas. Although the proposed 0.65-acre loss of coastal sage scmb represents conservation of only 62 percent of the on-site coastal sage scmb, the Refined Altemative would result in the conservation of 1.08 acres of coastal sage scmb within Parcel 3, thus exceeding by 0.40 acre the required mitigation at a ratio of 1:1. Furthermore, the HMP states, "Some zones may conserve more or less than these percentages due to parcel size, location, resources, or long-term conservation potential" (page D-73).' 3 HMP D-73 states, "...the procedures detailed in Section E of this plan will be implemented in the processing of any application for development entitlements for the Standards Areas. Implementation of Section E will ensure that the acreage goals and species preservation goals outlined forthe Standards Area will be achieved." Pertinent language on HMP page E-5, states, "An annual meeting will be held between the City, USFWS and CDFG.... At this annual meeting, the City will report Ms. Shannon Wemeke (FWS/CDFG-SDG-10B0054-11TA0580) 8 Wildlife Agencies' Additional Comments 3. The City' s response to comment (RTC) C-2c (page RTC-17), the Addendum to the Biological Resources Report (pages 6-7), and the HMP consistency findings (page 12) clearly distinguish between a preserve management plan (PMP) and permanent preserve management plan (PPMP) to be prepared and implemented for Parcel 3. It appears that the PMP is intended to direct the restoration (success criteria, etc.) and short-term management to occur on Parcel 3 and the PPMP is intended to direct the long-term management of Parcel 3. But, the FEIR (pages 6-72 and MMRP-14) explicitly requires the preparation of only a long-term management plan. We would appreciate clarification of whether the FEIR also requires the preparation of the restoration and short-term management plan, and if it does not, how that will be made a condition of project approval. 4. In mitigation measures B-4 and B-11, the text in parentheses at the end should be changed from ".. .surrounding area, and existing ambient level)" to ".. .surrounding area, and ambient noise level)." The Wildlife Agencies appreciate the opportunity to review the FEIR and HMP Consistency Findings for the Project. If you have any questions regarding this letter, please contact Janet Stuckrath (Service) at (760) 431-9440 extension 270 or Libby Lucas (Department) at (858) 637- 4230. Sincerely, Karen A. Goebel Assistant Field Supervisor U.S. Fish and Wildlife Service St^enM.'Juarez Environmental Program Manager Califomia Department of Fish and Game ...any and all contributions toward the preservation of habitat lands through mitigation land donations, land acquisitions, and maiiagement activities undertaken or proposed on habitat lands. The City will not be subject to any annual, quantitative' habitat preservation requirement, given the uncertainties created by economic and land development fluctuations...." Ns. Shannon Wemeke (FWS/CDFG-SDG-10B0054-1ITA0580) 9 t^iterature Cited Carlsbad, City of 2004. Habitat management plan for natural communities in the City of Carlsbad. November. BRG Consulting, Inc. 2011. Final environmental impact report for the Dos Colinas Project, EIR 09-01. Prepared for the City of Carlsbad, Califomia. Eight sections + 22 Appendices. Merkel & Associates. 201 la. Addendum to the July 20, 2010 Biological Resources Report for the Dos Colinas Project. Prepared for Senior West Living. July 26, 2011. Merkel & Associates. 2011b. HMP consistency findings for the Dos Colinas Project. Appendix B ofthe July 29,2010 biological resources report for the proposed Dos Colinas project. July 27, 2011. /M ' <ii&fh CITY OF V (CARLSBAD planning Division Agenda Item # For the members of tfie: CITY COUNCIL ACMj:rrbCM CA^C Date\ 1^ Citv Manager ^ www.carlsbadca.gov January 10, 2012 Mr. Everett DeLano DeLano & DeLano 220 W. Grand Avenue Escondido, CA 92025 SUBJEa: EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D) - DOS COLINAS Dear Mr. DeLano, This letter is submitted as a response to your letter to City Council dated January 6, 2012 regarding the adequacy ofthe Final Environmental Impact Report prepared forthe Dos Colinas project. The following provides a list of your comments and a response to the assertions made in your letter. 1- Comment: The FEIR's discussion of land use impacts is misleading and Insufficient. The discussion in the land use section of the FEIR appears to count the project as residential for the purposes of considering the Growth IVIanagement Program ("GMP"). Specifically, the FEIR indicates that there will be 300 dwelling units "allocated to the project area." FEIR at 5.1-40. Of course, this seems somewhat low, since the actual number of units in the CCRC portion of the Project will be 309, but the basic structure ofthe FEIR appears to recognize that the Project witl be counted against the GMP numbers. However, staff has indicated that the Project will not be considered against the caps in the GMP, making the FEIR's discussion of this issue misleading and inconsistent with the project. Response; Pursuant to Section 21.04.295 of the Zoning Code, the proposed project qualifies as a professional care facility and, therefore, also' as commercial living units (CMC Section 21.04.093). While the proposed commercial living unit project will not count against the City's dwelling unit cap of the Growth Management Program, an amendment to the Local Facilities Management Plan (LFMP) for Zone 15 was prepared (LFMP 15(E)), to ensure that facilities remain adequate for Zone 15. The analysis on FEIR on page 5.1-40 relates to the amendment to the LFMP. The project proposes a General Plan Amendment to change the General Plan Land Use designation from RLM to RM. The LFMP identified the potential number of residential units that could be built (i.e. should the professional care facility not be constructed) at the RM designation. However, pursuant to page 5,13-4 and 6-111 ofthe FEIR, it is stated that the Dos Colinas project qualifies as commercial living units and the units, therefore, would not be counted against growth projections for dweiiing units. The FEIR's discussion of land use Impacts is sufficient as it appropriately analyzes the project in the context of the thresholds of significance to facilities. 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(0) - DOS COLINAS January 10, 2012 Page 3 Response; The RV storage requirements contained in CMC Section 21.42.140(B)(120) are intended to apply to either commercial RV sites or RV sites that are detached from a development. As such, city staff analyzed the RV storage area in the context of the amendment to the Residential Mobile Home Park Permit (RMHP 96-01(D)) and considered the RV storage area as accessory to the primary use. Regardless of the type of permit required, the FEIR adequately analyzed the potential impacts of the RV storage area in all applicable sections, including, but not limited to, Land Use, Biological Resources, Hydrology/Water Quality, Cultural Resources, and Air Quality. Further, the RV storage area complies with the requirements of CMC Section 21.42.140(B)(120j in that landscaping and a solid screen is provided around all sides of the development. In addition, a number of the RV storage criteria outlined pursuant to CMC Section 21.42.140(B)(120) were added as conditions to Planning Commission Resolution No. 6829 (RMHP 96-01(D)). 5. Comment: The November 10, 2010 letter from the WildHfe Agencies notes several inconsistencies with the HMP. The agencies note that the HMP standards for Zone 15 "prohibit fill or development within the existing floodplain*' except in certain situations not applicable here. The agencies also note that the Project fails to propose a true conservation mechanism (e.g., conservation easement) and the project falls to comply with the 100-foot buffer requirement for wetlands. Response; Pursuant to a correspondence letter received from the Wildlife Agencies dated November 21, 2011, the Wildlife Agencies concur that the Refined No Affordable Housing alternative as presented in the Chapter 6 of the Final EIR, including the MMRP and the .associated HMP findings, is consistent with the Habitat Management Plan. The comments made above in the November 10, 2010 pre-date the concurrence from the Wildlife Agencies in their letter of November 21, 2011. 6. Comment; The FEIR also admits that the Project is inconsistent with the HMP's requirement to conserve at least 67% of habitat on-site. The FEIR bends over backwards to try to characterize the Project as having no significant impacts after mitigation, but in doing so, the FEIR fails to seriously discuss HMP inconsistencies and it provides a confusing and misleading discussion in those areas where it does address them. For example, the words 'The Dos Colinas project is consistent with the HMP' are found at least six times in the FEIR. FEIR at 5.6-42, 52,53, 55, 56, & 57. However, in a few Instances the FEIR acknowledges inconsistencies, stating the Project 'is not independently consistent with the HMP,'it 'is not explicitly consistent with the HMP, and It 'is not consistent with all ofthe applicable standards ofthe HMP.'FEIR at 5.6-43, 49 & 57. Meshing these apparently contradictory statements into a cohesive whole is difficult, if not impossible. Nor does the FEIR appear to want to address those inconsistencies in its text. Response; City staff is recommending approval of the Refined No Affordable Housing Alternative described in Chapter 6 of the Final EIR, Response to Comments and the associated CEQA Findings. The Refined No Affordable House Site alternative has been found to be consistent with the HMP pursuant to the letter received from the Wildlife Agencies dated November 21, 2011. 7. Comment; The Project is likely to lead to water supply impacts. There is an inadequate showing of water supply for the Project. The California Supreme Court recently identified three 'principles for analytical adequacy under CEQA': EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D) - DOS COLIN.AS January 10, 2012 Page 5 11. Comment: Substantial changes were made to both the Project EIR and the FEIR. These changes were made after the public review for the draft EIR ended. As such, recirculation of a revised draft environmental document should take place before this matter is approved by the City Council. Response; As identified in the Foreword to the FEIR on pages F-1 and F-1 and pursuant to Section 15088,5 ofthe CEQA Guidelines, there are no new significant impacts or an increase in the severity of an environmental impact associated with the implementation of the Refined No Affordable Housing Site Alternative as set forth in the Draft EIR which would require recirculation. 12. Comment; The City must demonstrate by substantial evidence that the findings are supportable...The evidence supporting an agency's findings must have "solid value" in light ofthe entire record, including contrary evidence...The proposed findings for the Projea, while numerous, are not supported by substantial evidence. Response: The implementation ofthe Refined No Affordable Housing Site Alternative analyzed in Chapter 6 of the Final Environmental Impact Report, as well as the supporting technical appendices. Response to Comments, and Mitigation Monitoring and Reporting Program, provide abundant evidence to support the CEQA Findings of Fact for the implementation ofthe Refined No Affordable Housing Site Alternative of the Dos Colinas project. If you have any questions regarding this letter, please contact me at (760) 602-4601. Sincerely, DON NEU City Planner DN:SW;bd Ronald Ball, City Attorney Jane Mobaldi, Assistant City Attorney Gary Barberio, Community & Economic Development Director. Glen Van Peski, Engineenng Manager Chris DeCerbo, Principal Planner Shannon Werneke, Associate Planner Jeremy Riddle, Engineer File Copy Data Entry A . 4^ CITY OF I FOR THE INFORMATION OF ^ CARLSBAD THE CITY COUNCIU DATE CITYATTORNEY' January 10, 2012 To: MAYOR AND CITY COUNCIL From: CITYATTORNEY Re: DOS COLINAS PROFESSIONAL CARE FACILITY (AGENDA BILL tt 20,761, COUNCIL MEETING 1-10-2012, ITEM NO. 13) The City Council will be considering a number of legislative actions amending the General Plan, the Local Facilities Management Pian, and the Zoning Code and certifying the environmental impact report for this 305-unit professional care facility. A number of questions have arisen as to its description in the staff reports and resolutions adopted by the Planning Commission as a "continuing care retirement community". That phrase is a term of art as defined in Health & Safety Code section 1771(10) which defines it as follows: "A continuing care retirement community means a facility located within the State of California where services promised in a continuing care contract are provided. A distinct phase of development approved by the "state department" may be considered to be the continuing care retirement community when a project is being developed in successive distinct phases over a period of time..." The legislative intent in adopting statutes regulating continuing care contracts, declares that continuing care retirement communities are an alternative for the long-term residential, social, and health care needs of California's elderly residents (Health & Safety Code §1770(a)). The state department must issue a certificate of authority or provisional certificate of authority before a provider can enter into contracts for continuing care. The actions before the Council tonight do not do this; instead, they are separately conducted by the state department. To make this abundantly clear, it is suggested that the following condition be added to Ordinance No. CS-169 as follows: s--^^ CityAttorney 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax I www.carlsbadca.gov Page 2 "Section 111: This zoning amendment does not approve any contracts for continuing care in a "community care retirement community" as that phrase is defined in Health & Safety Code §1771(10) and the applicant shall comply with the requirements of state law. A state certificate of authority must be submitted to the City Planner prior to the advertisement or entering into any contracts in this facility. This condition, however, does not create any duty on behalf of the City, its departments or personnel, and no liability shall arise from it. This condition is an additional consumer protection measure." Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL City Attorney /rn c: City Clerk City Manager Community & Economic Development Director City Planner The toftin Firm LLP l/lojiQ., ^kK J Attorneys at Law Hand Delivered January 10,2012 Honorable Mayor and City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Support for Project & Response to Everett DeLano Dos Colinas Project and FEIR Hearing Date: January 10, 2012 Item No. 13 Dear Honorable Mayor and City Council Members: This Firm represents the Rancho Carlsbad Owners Association, Inc. ("RCOA"). RCOA requests the Council APPROVE this project, subject to the ERRATA request by RCOA. The purpose of this correspondence is to provide objections to the correspondence provided by Everett DeLano, Esq. on behalf of Friends of Aviara and Preserve Calavera (collectively, the "Opponents"). As a general statement, this is not an isolated project but rather an integral project with the entire College Reach A developments and Rancho Carlsbad Mobilehome Park. The Environmental Issues and Drainage issues have been studied extensively over the years. For purposes of contradiction to the report filed by Richard R. Homer and in addition to the extensive materials submitted with the current action, the following documents which have previously considered by and are in the City Council's records are hereby incorporated: Chang Hydrology Study, Robertson's Ranch Project, Chapter 5, EIR; Chang Report dated October 4, 2005; Report from David Cannon, PE, Everest International Consultants, Inc., December 19, 2005; Report, Rick Engineering Company, Water Resources Divisions, July 1, 1998; Bridge and Thoroughfare District #4 approvals in connection with the design of Cannon and College, 2001; Growth Management Program, Local Facilities Management Plan Amendment Zone 15 (c). 2004 and the EIR's approved for Catarini and Hollysprings. All of these prior studies and EIRs are consistent with the EIR before you today and provide the antithesis to Mr. Homer's contentions. 5760 Fleet Street, Suite 110* Carlsbad • California • 92008 T: 760.431.2111 • F: 760.431.2003 • www.loftinfirm.com • sloftin@loftinfirm.com Client/File No RCOA-487 THE LOFTIN FIRM LLP Honorable Mayor & City Council City of Carlsbad January 10, 2012 Page 2 of4 The following addresses the main issues raised by Mr. DeLano: 1. Contrary to the Opponents position regarding the land use impacts, the land use impacts as provided in the FEIR are not misleading and are sufficient. The discussion contained in Secfion 4 of Exhibit "A", CEQA Findings, discusses in detail the feasible alternatives, and a General Plan Alternative. The information provided clearly establishes that the Refined No Affordable Housing Site Alternative is the preferable land use selection from an environmental perspective, including without limitation, less impact on traffic, reduction or avoidance of impacts associated with hydrology/water quality and public services/utilities; air quality and greenhouse gas emissions. The objection to the project on the basis of non-compliance with the General Plan is a misdirection. Compliance is clearly set forth in Table 2, page 11, of the EIR. Under the broad and generic definition of residence presented by Opponents, then all types of care facilities, including without limitation, hospitals, rehabilitation centers, full time medical care facilities, etc., would have to be considered "residences"...that is possible under the generic definition, but not applicable to the ordinary use of the word in planning and zoning terminology. 2. RCOA agrees that existing drainage in the area is problematic. The City passed the Master Drainage Plan updated in 2008 which outlined the future projects to address the drainage in this area. The objection seems to be that there are two (2) altematives presented for the drain alignments. The two (2) altematives are specifically set forth on the maps submitted with the application therefore the altemative are clear and precise. Of note, is the fact that both altematives go across land owned by other entities. Until the project is approved, deal or deals cannot be made with the other entities. RCOA is one of the entities and is willing to work out the specifics if, and when, this project is approved for this developer. 3. The relocation and replacement of the RCOA amenities has been a twelve (12) year process. It has also been subject to other actions: College Boulevard Reach "a", EIR No. 98-02, SCH No. 99111082; the Local Facilities Management Plan for Zone 15; the Master Drainage Plan and the approvals for Caterini and Hollyprings. The plan for the replacement of the RV and the garden area amenities as Phase 1 of this project meets the requirements for the construction of replacement amenities. 5760 Fleet Street, Suite 110 • Carlsbad • California • 92008 T: 760.431.2111 • F: 760.431.2003 • www.loftinfirm.com • sloftin@loftinfirm.com M:\RanchoCarlsbad\457 Hearings\City Council Meeting l-10-12_files\Ltr to Mayor-Council.1-10-12.docx Client/File No RCOA-487 THE LOFTIN FIRM LLP Honorable Mayor & City Council City of Carlsbad January 10,2012 Page 3 of 4 4. The proposed fill and development within the current project have been extensively reviewed for compliance with all requirements. The blanket objections on the basis to the contrary are without factual or legal basis. 5. The habitat on-site issue is likewise without factual or legal basis. Phase I of the project impacts .6 acre of HMP Habitat. CEQA Findings, Exhibit "A", secfion 2.4.1 A. For this minimal impact the developer will pay mitigation fees. Mitigation B-1. Any other area distributed shall be revegetated. Mitigation B-3. Lastly, the relocation of the RV and garden provide the land not only for College Boulevard, but also for the detention basin BJ. Detention basin BJ also provides additional and greater habitat than .6. Phase II discussion clearly sets forth the impacts on habitat. CEQA Findings, Exhibit "A", 2.4.2. The mitigation measures likewise are very specific. For example, Mitigation Measure B-5 requires on-site replacement for .13 acres of 1.08 acres within Parcel 3 of this project. The other mitigation measures are likewise specific and substantial. 6. There is no factual basis to support the Oppositions assertion that this project will lead to water supply impacts. As to Phase I, the water supply will be provided by RCOA well water system. Other land areas not owned by RCOA are also provided water through the RCOA well water system. 7. Future development in the area has been subject to prior EIR studies, including the construction and/or expansion of existing roadways and other developments. 8. The mitigation measures are specific and provide adequate criteria for the implementation of the mitigation measures. There were no valid examples of "vague" mitigation measures provided and therefore, there is no factual basis for the Opposition's position with regard to the mhigation measures. 9. The request for a recirculation of the revised draft environmental document is disingenuous at best. The primary changes to the document were made at the request of the Opposition during the comment period. No requests for recirculation or opposition to those changes were presented at the Planning Commission. In conclusion, RCOA submits that the project now known as the "Refined No Affordable Housing Site Altemative" is in substantial compliance with all legal requirements and the record and findings clearly support that position. RCOA further submits that the "Refined No Affordable Housing Site Alternative" provides a diversity within Zone 15 by providing for a care facility and is compatible with the adjacent land uses: Rancho Carlsbad Mobilehome Park, a senior facility and a golf course. The added benefited is the agreement to not further develop the 5760 Fleet Street, Suite 110 • Carlsbad • California • 92008 T: 760.431.2111 • F: 760.431.2003 • www.loftinfirm.com • sloftin@loftinfirm.com M:\Rancho Carlsbad\457 Hearings\City Council Meeting l-10-12_frles\Ltr to Mayor-Council.l-10-12.docx Client/ File No RCOA-487 THE LOFTIN FIRM LLP Honorable Mayor & City Council City of Carlsbad January 10, 2012 Page 4 of 4 property known as the "horse property. RCOA HAS BEEN ACTIVE IN THE REVIEW OF THIS PROJECT AS IT HAS DEVELOPED FROM CONCEPTION TO SUBMITTAL TO THE CITY OF CARLSBAD AND IS STRONGLY IN FAVOR OF THIS PROJECT. Respectfully Submitted on Behalf of Rancho Carlsbad Owners Association, Inc, THE cc: Lorraine Wood, City Clerk Ron Ball, Esq., City Attorney Shannon Werneke, City Planner 5760 Fleet Street, Suite 110* Carlsbad • California • 92008 T: 760.431.2111 • F: 760.431.2003 • www.loftintirm.com • sloftin@loftinfirm.com M:\Rancho Carlsbad\457 Hearings\City Council Meeting l-10-12_fdes\Ltr to Mayor-Council. l-10-12.docx Client / File No RCOA-487 Dos Colinas WEST Family of Companies WESTliving ‐Our Objectives…focus on quality with respect to operations, facilities, amenities...…the peace of mind of a supportive and caring environment.…service‐enriched residential communities.…positive impact on the lives of our residents and team members.…community participation is key to building an empowered community. WESTliving brings our objectives to life through the passionate execution of our core values… “Inspire”Integrity ‐We say what we do and do what we say ‐we're accountableNeighborliness ‐We build lasting relationships in and around our communitiesService ‐We are passionate about addressing the needs of our residents and team membersProfitability ‐We reinvest our financial success in our communitiesInnovation ‐We are forward‐thinking and progressive in our approach to differentiate ourselvesRespect ‐We value diversity and encourage individual thinkingExcellence ‐We focus on the details and will provide WEST Class CCRC ‐Care & ServicesCCRCs offer a long‐term contract that provides for housing, services, and care of residentsThe Landlord/Tenant relationship and services go far beyond that of any residential housing productThe California Department of Social Services (“DSS”) is responsible forlicensing and operational oversightOn‐site Health Center/ ClinicLicensed and trained care staff 24/7 On‐Call & Visiting Physician Services“Professional Care Facility” designationis consistent with Carlsbad MunicipalCode and profile of “like” projects Life Style & Amenities, not just care servicesTheaterArt StudioConciergeLibraryBrain FitnessSalon & SpaFitness CenterHobby ShopRestaurantsBistroWine BarCard & Game RoomGift ShopBusiness CenterTravel PlanningTransportation Services Validation for Dos ColinasLocally owned and operated community that will be  “WEST class”.Three year planning effort to bring forth a well conceived project, sensitive to the environment and development related impacts (8.55 units/acre = 309/36.13 net acres.  SANDAG ‐the county will have more than 700,000+ older residents (age 65+) by 2030 (~330,000 today).  North San Diego County's Coastal community will see a large percentage increase in the age 65+ population because of climate, culture and available amenities. Validation for Dos ColinasCurrent product, site opportunities and industry capacity is insufficient to meet needs and demands of the aging Baby Boomer population.Production of 20 or 24 affordable housing units with an eye toward the jobs‐housing balance alternative.RCOA RV storage relocation is a mitigation       measure required by the approved‐certified Calavera Hills Master Plan Phase II EIR.USFWS and CDFG concurrence with HMP consistency determination (November 2011) as required by the HMP Implementing Agreement. Validation for Dos ColinasJob Creation: ~180 (45 managerial and 135 services level positions).Community benefits through the privately funded build out of College Boulevard, drainage improvements and low impact on public resource and service.Dos Colinas will be a resource for all seniors living in the neighborhood and area through outreach programs.  Thank you! Development Area Plan 2008 Master PlanCOTTAGESINDEPENDENT LIVINGASSISTED LIVING & MEMORY CARECOTTAGESAFFORDABLE HOUSING COTTAGESCOTTAGESASSISTED LIVING & MEMORY CAREINDEPENDENT LIVING2011 Master Plan The BellettiniBellevue, Washington McDowell VillageScottsdale, Arizona The ReserveThousand Oaks, California Premiera Care AcquisitionsThe Commons on ThorntonStockton, CADale CommonsModesto, CAThe Commons at Elk GroveElk Grove, CAUnion Ranch Manteca, CA December 13, 2011 Shannon Werneke, Associate Planner 1 Dos Colinas City Council Consideration 2 Location Map C O LLE G E B L (FUTURE EXT)RANCHOCARLSBAD DRDO N JU AN DRFOUR PEAKS S T GLEN A V D O N MATA DR ALANDER CT SUMM IT TRA IL CT FROST AV DON L O R E N Z O DRCA N N O N R D NORTH FORK AV A R A P A H O P L EL CAMINO REAL BUCK RIDGE AV SUNNY CR EEK RD C O L L E G E B L LONGFEL L O W R D FOXTAIL LP EIR 09-01 / GPA 09-02 / ZC 09-02 / LFMP 15 (E) / RMHP 96-01(D) / SDP 09-02 / CUP 09-02 / HDP 09-02 / HMP 09-02 / SUP 09-02 Dos Colinas SITE MAP EL C A MINO REA L LA COSTA AVCOLLEGE BLCARLSBAD BLAVI A RA PY MELROSE DR 4 College Blvd Reach “A” EIR 98-02 Holly Springs & Cantarini Ranch EIR 02-02 Basin “BJ” EIR 98-02 Multi-Family /Affordable EIR 02-02 Background Draft EIR Public review Sept-Nov, 2010 Public concern re: development of affordable housing/equestrian properties and HMP compliance Planning Commission Recommended certification of Refined No Affordable Housing Site Alternative 5 Equestrian Site Affordable Site Dos Colinas •305-unit professional care facility •Relocation of RV storage/garden for Rancho Carlsbad •Open space 6 1 2 3 General Plan Amendment Existing Proposed 7 RLM RM OS OS Zone Change Existing Proposed 8 Local Facilities Management Plan Amendment 9 10 Site Plan Independent Living Units •3, 3-story buildings •314,464 SF •Minimum 100’ setback East Elevation- IL Buildings 1 & 2 (Facing College Blvd) 11 Visual Simulation Looking West from College Boulevard 12 13 Assisted Living Assisted Living Building •81 units/95 beds •Two-Story •80,070 SF South/East Elevations Assisted Living Building 14 15 Cottages Cottages •13, two bed/2 bath + den •8, three bed/2 bath •22, one bed/bath + den designed as duplex •1,150- 1,650 SF Cottages Spanish Eclectic Spanish Colonial Revival 16 17 Outdoor Amenities Pedestrian Promenade Pocket Parks 18 Additional Outdoor Open Space 1.21- acre Open Space Parcel Seating areas & Vista nodes w/ trellis Interior Amenities 19 Inclusionary Housing •20 IL units on-site OR provide 24 units offsite •Affordable Housing Agreement required prior to recordation of final map •Constructed concurrently with senior development 20 Existing Rancho Carlsbad RV Storage/Garden 21 Proposed Rancho Carlsbad RV Storage Area 22 RMHP Amendment Proposed RV Storage/Garden 23 PC Resolution No. 6829, Condition #38 RMHP 96-01(D) 24 Environmental Impact Report Three alternatives considered in EIR:  No Project  Existing General Plan  Refined No Affordable Housing Site Alternative Removes affordable housing/equestrian sites Environmentally superior alternative Impacts mitigated to less than significant level 25 Planning Commission  October 19, 2011 Public Comments:  Preserve Calavera  Rancho Carlsbad Owners’ Association  Friends of Aviara 26 Planning Commission Action October 19, 2011 Recommended certification of Refined No Affordable Housing Site Alternative of EIR Recommended adoption of Candidate Findings of Fact/MMRP Recommended approval of legislative actions Approved discretionary permits 27 Project Consistency  General Plan  Zoning Code  Wildlife Agency concurrence  CEQA 28 CEQA Findings of Fact CEQA Guidelines § 15091(a)(1): Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 29 Recommendation  City Council introduce Ordinance CS-169 (ZC 09-02)  City Council adopt Resolution No. 2011-285 (EIR 09-01, GPA 09-02, LFMP 15(E), RMHP 96-01(D)) • 30 Commercial Living Units Defined: CMC Section 21.04.093 “….a unit that may be within but is not limited to a professional care facility…that provides basic amenities for everyday living. “ “…distinguished from dwelling units due to assistance/services provided in conjunction with the living unit…” 31 Professional Care Facility Defined: CMC Section 21.04.295 “….a facility in which food, shelter, and some form of professional service is provided such as nursing, medical, dietary, exercising, or other medically recommended programs…” 32 Special Use Permit Existing Floodplain 33 Special Use Permit Proposed Floodplain 34 1