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HomeMy WebLinkAbout1994-01-13; Housing Commission; ; AFFORDABLE HOUSING PROJECT/MASTER PLAN - MARINER'S POINTNB-ITEM 1 APPLICATION DATE:--=1=2/-=2"'-'-9/-"-'93"---- STAFF PERSON: Evan Becker STAFF REPORT DATE: JANUARY13,1994 TO: HOUSING COMMISSION FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: AFFORDABLE HOUSING PROJECT/MASTER PLAN -MARINER'S POINT - Request for recommendation of approval of a proposed 176 unit Affordable Housing Project known as Mariner's Point Apartments. The project is part of the development for Tentative Tract Map # 91-12 and SDP #91-11. I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 94-001 RECOMMENDING APPROVAL of the development of the proposed 176 multifamily unit affordable housing project known as Mariner's Point Apartments with no commitment at this time to providing the requested financial assistance for the project. II. PROJECT BACKGROUND AND DESCRIPTION On November 17, 1993, Bramalea California, Inc. received a recommendation from the Planning Commission for approval of a Tentative Tract Map, Site Development Plan and Hillside Development Permit to subdivide and construct 186 single-family homes and 176 one, two and three bedroom apartment units. The project is subject to the Inclusionary -Housing Requirement which means that the applicant/developer would be required to provide a minimum of 55 units of housing affordable to low income households. The applicant's affordable housing proposal indicates that all 176 of the apartment units will be restricted to lower income households at 40%, 50% and 60% of the county median. Therefore, the applicant's actual inclusionary housing requirement is only 28 units. If the proposal is approved by the City Council, the applicant will exceed the project's affordable housing obligation by 148 units; there will be excess affordable housing units available to either the City or other private developers. In addition, the project is required to provide at least 10% of lower income units in three (3) bedrooms. The applicant is proposing that 30% (or 54 total) of the affordable units be 3 bedroom units. MARINER'S POINT APARTMENTS HOUSING COMMISSION -1/13/94 PAGE2 Ill. APPLICANT/DEVELOPER TEAM INFORMATION The development team for the proposed affordable housing project is as follows: Applicant: Developer: Architect: Engineer{s): Bramalea California, Inc. American Housing Producers Dorius Architects Hunsaker and Associates (Civil) IV. AFFORDABLE HOUSING PROJECT DESCRIPTION/LOCATION The project will be located on the north side of the intersection of Camino De Las Ondas and Alderwood Road, approximately 1/2 mile east of Paseo De Norte in Specific Zone Area 20. The parcel number for the property is 214-140-42. The project will provide 176 garden style apartments which will include 48 1-bedroom units (approx. 650 sq.ft. each), 74 2-bedroom units (approx. 950 sq.ft. each) and 54 3-bedroom units . (approx. 1100 sq.ft. each). Special amenities of the project will include a clubhouse, pool and spa, playground with tot lot equipment, outside family areas with BBQs and picnic tables, patios and laundry rooms. The design and quality of the affordable housing project will be consistent with that of the proposed market rate product. The applicant has attached a portfolio of the developer's, American Housing Producers, most recent development activity in the affordable housing market for information of the Housing Commission. V. TERMS OF AFFORDABILITY The applicant has proposed that the units remain affordable for 55 years for families at the following income levels: • 37 (21 %) of the units will be affordable to households at 40% of the county median; • 52 (30%) of the units will be affordable to households at 50% of the county median; and, • 87 (49%) of the units will be affordable to households at 60% of the county median. MARINER'S POINT APARTMENTS HOUSING COMMISSION -1/13/94 PAGE3 The following chart provides a breakdown of bedroom sizes by income levels: Bedroom Size 40% of median 50% of median 60 % of median 1 10 14 24 2 15 22 37 3 12 16 26 Total 37 52 87 The applicant intends to begin construction on the units in October, 1994 and complete construction by October, 1995. Construction of the affordable housing units will commence in the initial phase of construction for the single family homes. VI. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT The applicant will apply for tax credits from the California Tax Credit Allocation Committee. In addition, the applicant is requesting local financial assistance in the amount of $3,600,000 in return for the additional 148 units of excess affordable housing within the subject project. At this time, staff is not making a recommendation to commit financial assistance to the proposed affordable housing project. Staff will continue to work with the applicant/developer to determine the level of financial participation that can be provided by the City of Carlsbad. It is staff's preference to have private developers collaborate on their own in such a manner that "Combined Projects" result in a source of outside equity needed in order to allow an affordable project or more affordable units to be feasible. Participation in Combined Projects will be governed by the Inclusionary Housing Ordinance which requires the City to be a party to an Affordable Housing Agreement. The agreement will include provisions related to the purchase and sale of credits for the purpose of satisfying an inclusionary obligation through a Combined Project. In this way, the City will be approving the transactions but will not own or collect funds for the credits; the transaction will occur between two private developers. Although staff is not eliminating the possibility that the City may need, or desire, to assist the subject affordable housing project, staff will first encourage the applicant to work with other local private developers/builders who also have an inclusionary housing requirement to produce a Combined Project. MARINER'S POINT APARTMENTS HOUSING COMMISSION -1/13/94 PAGE4 VD. FINANCIAL FEASIBILITY OF THE PROPOSED PROJECT It is staff's opinion that the proforma presented by the applicant fairly presents a preliminary project financing plan and identification of the potential subsidy requirements given the level of affordability for the project. Staff will work with the applicant to refme the development cost figures and the sources and uses of funds. Also, staff will indicate to the applicant/developer that other "outside" sources of subsidy, in addition to the tax credit equity, must be explored. VIll. CONSISTENCY WITH HOUSING ELEMENT AND CHAS The proposed affordable housing project is consistent with the policies and programs of the Housing Element and the affordable housing requirements of the approved Zone 20 Specific Plan. The applicant has proposed to provide 176 units of affordable housing which exceeds the 15%-Inclusionary Housing Requirement for the market rate units and the number of 3 bedroom units (30%) in the project exceeds the City's 10% requirement. Carlsbad's Comprehensive Housing Affordability Strategy, or CHAS, indicates that families in the very low income category represent the greatest population of need for affordable housing. The City's first priority, as outlined in the CHAS, is to provide housing affordable to very low income (50% or below of county median) renters. The applicant proposes to provide a total of 89 units affordable to households at 50% or below the county median. The applicant is _also proposing a satisfactory mix of 1, 2, and 3 bedroom units at the very low income levels. The City's second priority related to renters, as outlined within the CHAS, is for low income small and large families. The proposed project is consistent with the top priorities of the City as related to new construction of affordable housing units. IX. SUMMARY The Mariner's-Point Apartment Affordable Housing Project, as proposed, is consistent with the Housing Element and meets the needs of lower income small and large families. Therefore, staff is recommending that the Housing Commission adopt a recommendation to the City Council for approval of the subject affordable housing project. As stated previously, staff is not recommending any fmancial assistance to the project at this time. Staff may, at a later date, return to the Housing Commission with a recommendation related to fmancial assistance once the project plans have been refmed in more detail with the applicant. MARINER'S POINT APARTMENTS HOUSING COMMISSION -1/13/94 PAGE5 X. EXHIBITS 1 -Housing Commission Resolution No. 94-001 adopting a recommendation to the City· Council to approve the Mariner's Point Affordable Housing Apartment Project. 2 -Housing Commission Review Application submitted by Bramalea California, Inc. 3 -American Housing Producers Portfolio of recent affordable housing projects. 4-Planning Commission Staff Report dated November 17, 1993. 5 -Site Development Plan for proposed Affordable Housing Project. December 28,1993 TO: THE HONORABLE HOUSING COMMISSION CITY OF CARLSBAD FROM: BRAMALEA CALIFORNIA, INC. SUBJECT: MARINER'S POINT APARTMENTS 176 AFFORDABLE MULTIFAMILY UNITS EXHIBIT 2 Bramalea California, Inc. as Applicant, and American Housing Producers as Developer, hereby submit the attached application for your review and comments on a proposed 176 unit Affordable Housing Project as part of the development for Tentative Tract Map #'91-12 and SDP # 91-11. The project meets and/or exceeds the Housing Needs and Priorities as expressed in the City of Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy and is consistent with the Affordable Housing Policies as expressed in the Inclusionary Housing Ordinance and the General Plan. The project targets the housing needs for qualifying households of median income levels of 40% and 50% considered very-very low income and very-low income respectively, as well as households of 60% of the median considered low-income. The project exceeds the 10% required three bedrooms by providing 30% of the units {54 Units) to meet the need of housing large families. The Developer, American Housing Producers proposes to extend the Affordability period to 55 years for this project. The project is consistent with the General Plan and the recently adopted Specific Plan. This project is an integrated with the applicant's overall development plan and Zone 20 Specific Plan. This project will generate an additional 148 affordable units meeting the inclusionary housing requirement for the development of some 900 plus market rate units. The design and the quality of construction for the project will be consistent with that of a market rate product. Enclosed with this application is a brief summary of American Housing Producer's most recent development activity in Southern California of affordable multifamily projects with public agencies assistance. CITY OF CARLSBAD HOUSING COMMISSION REVIEW APPLICATION I I. APPLICANT/DEVELOPMENT TEAM INFORMATION Name of Applicant: Bramalea California Inc. Mailing Address: 100 Bayview Circle STE, 200 ' -Newport Beach, CA 92660 - Telephone No.: (714) 509-4694 Identify Development Team (ie., developer, builder, architect, etc.): AMERICAN HOUSING PRODUCERS -DEVELOPER OORIUS ARCHITECTS -ARCHITECT HUNSAKER AND ASSOCIATES -CIVIL ENGINEERING I ri. GENERAL PROJECT INFORMATION Project Name: MARINER'S APARTMENTS Describe General Location of Project: -On the northside of the intersection of Camino De Las Ondas and Alderwood Road, approxiamately 1/2 mile east of Paeso De Norte in Specific Zoning Area 20. r' Project Address: N/A Site Parcel No(s).: 214 -140 -42 Total Number of Affordable Units Required (if applicable): SEE NarE #1 Total Number of Affordable Units Proposed: 176 Type of Units (ie., garden apartments, detached, etc.): GARDEN STYLE APARTMENTS - Size (in square feet) of each Unit: 1B/R, 1B approx. 650 sqft; 2B/R, 2b approx. 950 sqft; 3B/R, 2B approx. llOOsqft. Bedroom Size Distribution of Units: 48 -1B/r: 74 -2B/R: 54 -3B/R Describe any special features/amenities to be included within project: Clubhouse, pool and spa, playground with tot lot equipment: with BBQ'S pinic tables, patio and laundry rooms. Housing Commission Review Application Pagel outside family areas I I 12/8/93 III. TERMS OF Ali'(lORDABILITY FOR AJtl..,ORDABLE UNITS (A TI ACII ADDITIONAL INFORMATION IF NECESSARY) Targeted lnco~e Levels (as % of area median): 20% of units @ 40%; 30% @ 50% ~ i:;()9: (cl fi()~ Target Population (ie., families, seniors, etc): Families Monthly Rent (by bdr. size) or Sales Price of Units: 1B/R@ 40% -$346 2B/R@ 40% -$408 3B/R@ 40% -$489 1B/R@ 50% -$381 2B/R@ 50% -$449 3B/R@ 50% -$515 1B/R@ 60% -$440 2B/R@ 60% -$560 3B/R@ 60% -$593 Term of Affordability (ie., 30 yrs, life of project, etc.): 55 YEARS Projected Schedule for Construction of Affordable Housing Units: Start construction -Oct, 1994 Complete construction -Oct, 1995 Start lease~ up·-Jun, 1995 Ir the affordable units are being constructed to satisfy the City of Carlsbad's lnclusionary Housing requi~ement, how will they be phased with respect to construction of the market rate units? Please Explain Project Phasing: Land development and ~ite impr~vements for t~e proposed affordable project and the market rate single family homes are in common and will be constructed con~urren~ly. If approved as proposed herein, we anticipat~~the entire multifamily proJect will commence construction with the initialphase of the single family homes. IV~ FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT Please attach a copy of development and operating financial proformas showing sources and uses of funds to accomplish the affordable units proposed in this application. In the proformas, please identify your subsidy sources and appropriate justifications for use of these sources. Describe the local financial assistance or incentives, if any, including specific terms desired for the affordable housing project which you arc, or will be, requesting from the City of Carlsbad: SEE NOI'E #2 Identify any other project conditions which may be relevant to project feasibility: The project must reciveve approval for tax -credit from the Tax Credit Allocat,ion Comittee. The City's continued cooperation . Housing Commission Review Application Page 2 in the completion of Hidden california Vally Road. 12/8/93 Note #l- Twenty eight units are required pursuant to the approved Tentative Tract Map# CT 91-12 to mitigate 186 market rate single homes and twenty six units to mitigate 176 multifamily units. However, since this application will provide all the 176 multifamily units as affordable, there is no required mitigation for the multifamily units. Therefore, the total required mitigation is 28 units. In providing 176 affordable units, this project will generate 148 additional affordable units. Note #2- A minimum of $3,600,000.00 in local assistance is required in order to provide the additional 148 affordable units. We anticipate that the City will be able to collect in-lieu fees for said 148 additional affordable units. This in-lieu fees will far exceed the $3,600,000.00 of assistance to this project. Based on current policy, 148 affordable units will generate in-lieu fees equal to: 148 affordable units 15% required ratio = 987 total market rate units Based on the current in-lieu fee of $15,000.00 per market unit, the City may collect $14,805,000.00 in fees. One potential source of assistance may be the deferral of development impact fees for the project, currently estimated at approximately $2,500,000.00. ,,.. MARINER'S POINT APARTMENTS· CARLSBAD /TAX CREDIT PROGRAM INCOME & EXPENSE ANALYSIS START-UP PHASE Units: 176 Start Constr: Oct-94 Absorption: 20 Per/M Start Lease Up: Ju,-95 240 Days Lease Up: 8.80 Months 1st Move-In Ju,-95 255 Days Phases: 1 Each 90 "Occupancy: Jan-96 540 Days Inflation on Revenue 3.00¾ Inflation on Expenses 5.00" 20¾ UNITS iil 40" ;30" iil 50"; 50¾ iil 60¾ OF MEDIAN I. RENTAL INCOME RENTS iil RENTS iil RENTS iil MARINER'S POINT APARTMENTS, CARLSBAD, CALIFORNIA 1ST MOVE-IN 90" OCCUP 12 MOS CASHFLOl,I PROJECT SUMMARY TODAY'S DATE 23-Dec-93 PLAN UNITS BDRM/BA SQ.FT. Jun-95 r' Jan-96 Jun-96 ----------------------------------------------·---- A-40¾ 10 1Br/1Ba 650 S346 $352 $357 ITEM INPUT BLDR. CNSTR. A·50" 14 1Br/1Ba 650 $381 $388 $393 FUNDS OUT TOTALS EQUITY LOAN A-60" 24 1Br/1Ba 650 S440 S448 $454 ======================== ========== ========== =========• B-40" 15 2Br/2Ba 950 S408 S415 $421 Raw Land cost 2,000,000 2,000,000 0 B-50¾. 22 2Br/2Ba 950 S449 S457 $463 School Fees 954,904 0 954,904 B-60¾ 37 2Br/2Ba 950 $560 $570 $577 Predevelopment 85,000 60,500 24,500 C-40¾ 12 3Br/2Ba 1,100 S489 $498 $504 Legal/Title/Appraisal 79,200 29,908 c-50¾ 16 3Br/2Ba 1,100 S514 $523 $530 Land improvement 1,545,138 0 1,545,138 C-60¾ 26 3Br/2Ba 1,100 S593 $604 S611 Taxes and Insurance 97,000 0 75,000 --------------------------------------------Fees and permits 2,587,200 2,587,200 0 176 914 S486 S495 S501 Architectural & Engr 278,400 0 278,400 S85,582 $87,148 $88,218 Direct construction 6,033,750 6,033,750 II. OTHER INCOME General Requirements 912,607 0 912,607 Laundry $4.50 S792 S806 $816 Anmenities 350,000 350,000 Carports so.oo so so so Construction Loan Points 232,750 232,750 Garages $0.00 so so so Construction interest 423,663 0 423,663 Total Monthly Income $86,374 $87,954 $89,034 Interest Reserve 162,030 0 162,030 Contingency 388,777 388,m GROSS ANNUAL INCOME $1,036,488 $1,055,451 S1,068,412 Marketing and Models 135,000 135,000 Less Vacancy a 5.00¾ ($51,824) ($52,773) (S53,421) Permanent Loan Points 93,000 0 93,000 ADJUSTED GROSS INCOME $984,664 $1,002,679 $1,014,991 Rent-up /Working Capital 300,000 300,000 0 Developer Fee 1,750,000 1,750,000 0 II I. LESS ANNUAL EXP~NSES --------------------------··· Property Taxes s131,m S133,384 S134,476 Total Funds Out $18,408,419 6,697,700 11,639,427 Insurance $36,203 $37,306 S38,070 Utilities $37,840 $38,994 $39,792 Management $49,233 $50,734 $51,773 Advertising $21,600 S22,259 $22,714 Payroll $91,200 $93,981 $95,904 SOURCES OF FUNDS Maintenance & Repairs $30,800 $31,739 $32,389 Permanent Loan 4,650,000 Turnover $22,880 S23,578 S24,060 Tax Credit proceeds 10,158,000 Grounds & Pool S14,960 $15,416 $15,732 Excess Affordability 3,600,000 Pest Control $1,484 $1,529 $1,560 C0111110n Area Maint $11,440 $11,789 $12,030 --------- Trash $10,560 S10,882 $11,105 TOTAL $18,408,000 General & Adnin $13,907 $14,331 $14,624 Replacement Reserve S60,820 $62,675 $63,957 Total Expenses 52" ($534,704) ($548,597) ($558,187) Total per Unit ($3,038) ($3, 117) ($3, 172) USES OF DEVELOPER FEE Adninstrative Expense 150,000 NET OPERATING INCOME $449,960 $454,081 $456,804 Syndication Costs 125,000 Debt Coverage iil 91.00¾ $409,464 $413,214 $415,692 Opertating Guarantee 300,000 Developer Profit 1,175,000 CONSTRUCTION LOAN iil 8.50¾ Interest $11,497,500 --------- APPRAISED VALUE $15,330,000 Loan:Value 75.001 TOTAL $1,750,000 PERM. LOAN iil8X 8.81X S4,647,713 Based on DCR V. REQUIRED ATTACHMENTS TO APPLICATION The following items must be attached to this application: • Site Development Plan for Affordable Housing Units; • Narrative describing how the project meets the Housing Needs and Priorities as expressed within the City of Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy; • Narrative on the project's consistency with the City of Carlsbad's Affordable Housing Policies as expressed in the Housing Element, lnclusionary Housing Ordinance, General Plan and other related documents; • Development and Operating Financial Proformas indicating sources and uses of funds for the project, including justification and identification of subsidy sources; • Complete description of financial assistance or incentives including specific terms that arc, or will be requested from the City of Carlsbad for the project, if applicable; and, • Completed Disclosure Statement of Ownership Interests within the project. VI. APPLICATION SIGNATURES Property Owner Name, Address and Telephone ·No.: Bramalea California, Inc. 100 Bayview Circle STE 200 Newport Beach, CA 92660 I, the unders· ned, do hereby certify that I am the legal owner of the subject property and that the above information is true and c rrect to the best of 1y knowledge. ·an Johns Vie esident "' ed applicant, hereby certify that I am the representative of the legal owner of the subject property ve information is true and correct to the best of my knowledge. 1-Al~·Qn Johnson sident Applicant Signature:_:lf-=,.L/-+""'lbA"=::.__,-H'----,f--L-.L...!.-=--=: ______________ Date __ l_2_/_2_8_/1993 THE BOX BELOW IS FOR CITY USE ONLY Date Application Received: IJ/ ~9 q3 ~ ~ ··z-~ Application Received By: J__}~ 1 Staff Recommendation: A~ fl' ~ Date of Housing Commission _Review: I /t 3 / '?c.j ,.. Action on Application by Housing Commission: Other Comments: Housing Commission Rc,·iew Application Page 3 ........... •· -c..O .......:, ,.,, 12/8/93 City of Carlsbad -.-:;e1.;,;;,J.■•14•Eiil ■et4,ti DISCLOSL'RE STATEMENT -1??!.ICANT"S STA':'EMENT OF ::)ISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUl~E ;::1SCrlE'iiONARY ACTION ON i"HE PART OF THE crrv COtJNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed:· 1. Applicant List the names and addresses of all persons having a financial interest in the application. Bramalea California INC. 100 Bayview Circle STE, 200 Newport Beach, CA 92660 2. • Owner List the names and addresses of all persons having any ownership interest in the property involved. Bramalea California INC. 100 Bayview Circle STE, 200 Newport Beach CA 92660 ,.. 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership . . Bramalea Limited One Queen East STE, 2300 Toronto, ONT. canada MSC-249 4. If any person identifled pursuant to (1) or (2) above is a non-profit organization or a trust. list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A • FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 (Over) Disclosure Statement Page 2 s. Have you had more than S250 worth of business transacte·d with any member of City staff. Scares Commissions, Committees and Council within the past twelve months? Yes _ No ~ If yes, please indicate person(s) ____________________ _ Person II defined u: 'Any individual. firm. copartnersh1p, 1oin1 venture. association. social club. lralernal organ,zat,on. eorpo~a1,on. uta1e. trust. ~,. tyndicale, 1h11 and any 011,er county, crty and county. crty mun,c,pality, district or other political subdtV111on. or any oth1t group or comb,nauon acting •• • unit.• Brarnalea california, I~c Brarnalea california, Inc Print or type name of owner Pri,:it or type name of applicant • ,., FRM00013 8/90 EXHIBIT 4 APPLICATION COMPLETE DATE: JULY 8, 1992 STAFF PLANNER: JEFF GIBSON a&._ STAFF REPORT ® DATE: NOVEMBER 17, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CT 91-12/SDP 91-11/HDP 91-25 -MARINERS POINT -Request for recommendation of approval for a Tentative Tract Map, Site Development Plan, and Hillside Development Permit to subdivide and construct 186 single- family homes, and 176 -one, two, and three bedroom apartment units, all on property generally located east of Paseo del Norte, and north of Camino de las Ondas in the RDM-Q Zone and R-1-10,000-Q Zone in Local Facilities Management Plan Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3556, and 3557, recommending APPROVAL of CT 91-12, SOP 91-11, and ADOPT Planning Commission Resolution No. 3558 APPROVING HOP 91-25, based on the findings and subject to the conditions contained therein. IL PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting recommendation of approval for a Tentative Tract Map, Site Development Plan, and Hillside Development Permit to subdivide and construct 186 single- family homes and 176 -one, two, and three bedroom apartment units on a gradually sloping and rectangular lot located east of Paseo del Norte and directly north of Camino de las Ondas. The parcel is located in the Coastal Zone, totals 68 gross acres, is undeveloped, and mostly contains disturbed grassland habitat as a direct result of past agricultural usage of the site. The property has a split zoning and General Plan Land Use designation. The property is located in the Residential Density-Multiple Zone with the Qualified Overlay Zone (RD-M-Q) and in the One-Family Residential Zone with the Qualified Overlay Zone (R-1-10,000-Q). The General Plan Land Use designation is Residential Medium (RM) and Residential Medium Low (RLM). In addition, the project is subject to the requirements of the Zone 20 Specific Plan (SP 203) and Final Environmental Impact Report 90-3. CT 91-12/SDP 91-11/HDP 91-25 -MARINERS PO[NT NOVEMBER 17, 1993 PAGE 2 As shown on Exhibits "A" -"00", the proposed project would consist of one and two story single-family homes with three-car attached garages located on individual lots ranging in size from 7,500 to 21,670 square feet. In the western portion of the project site on an 8. 7 acre lot there would be two and three story apartment buildings containing one, two, and three bedroom units all developed around a central 30 foot wide driveway and central parking courts. Along the central 30 foot wide driveway that leads to future Hidden Valley Road and Camino de las Ondas there would be a variety of resident and guest parking spaces, trash enclosures, and one large active common recreation complex containing a swimming pool, clubhouse, and restroom facility. The project would contain additional flat grassy common passive recreation areas between buildings, parking areas and slopes. The apartment buildings would contain one, two, and three bedroom units that range in size from 797 to 1,219 square feet. Per the requirements of the City's recently adopted Inclusionary Housing Ordinance, 15% of the proposed dwelling units (55 affordable units) must be provided for lower income households. The applicant is proposing to provide those affordable dwelling units within the apartment portion of the project. The project would be conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to Final Map approval. The project would feature contemporary architecture consisting of tile roofs with varying roof lines, and stucco exteriors. The surrounding neighborhood is developed with two- story multi-family residences to the south, and vacant land to the east, north and west. The future Poinsettia Community Park would be located approximately 100 feet to the northwest across future Hidden Valley Road. HI. ANALYSIS The proposed project is subject to the following land use plans, and ordinances: A. Carlsbad General Plan: Land Use Element --(Residential Medium Low (RLM) and Residential Medium (RM) Land Use Designations); Open Space Element; and Housing Element; 8. Zone 20 Specific Plan (Specific Plan 203); C. Carlsbad Municipal Code, Title 21; 1. Chapter 21.53, Section 21.53.120 -Site Development Plan - "Affordable Housing"; 2. Chapter 21.95, Hillside Development Regulations; 3. Chapter 21.85, Inclusionary·Housing. CT 91-12/SDP 91-11/HDP 91-25 -MARINERS POINT NOVEMBER 17, 1993 PAGE 3 D. Carlsbad Municipal Code, Title 20, Subdivision Ordinance; and the California Subdivision Map Act; E. Mello U Local Coastal Program; F. Growth Management (Local Facilities Management Zone 20); G. Carlsbad Municipal Code, Title 19, Environmental Protection Procedures; and the California Environmental Quality Act (CEQA). A GENERAL PLAN LAND USE ELEMENT The property has a Residential Medium (RM) and Residential Medium Low (RLM) General Plan Land use Designation. The RM designation allows the development of low density apartment or condominium developments that range in density from 4 to 8 dus/acre with a 6 dus/acre growth management control point. The RLM·designation allows single-family homes that range in density from Oto 4 dwelling units per acre with a 3.2 dus/acre growth control point. The project contains a combination of apartments and single-family homes and therefore, is consistent with the land use designations of the General Plan. OPEN SPACE AND CONSERVATION ELEMENT The property contains no existing or approved General Plan open space, conceptual open space and greenways, or any planned trail system links per the open space exhibits found in the City's Open Space and Conservation Resource Management Plan. In addition, the Zone 20 Specific Plan designates open space in the very northeastern comer of the property. The project would preserve the steep coastal sage covered slopes located in this portion of the project in protected· open space. The project would not preclude or negatively affect the attainment of any of the open space action priorities designated in the Open Space and Conservation Resource Management Plan for Zone 20, therefore, the project is consistent with the Open Space and Conservation Element of the General Plan. HOUSING ELEMENT All residential development within the Zone 20 Specific Plan is required to include a percentage of housing units affordable to persons and families of lower income. Consistent with the policies and programs of the Housing Element and subsequent to the affordable housing requirements of the Zone 20 Specific Plan the project would provide 15% or 55 apartment units available and affordable to lower income households. In addition, and consistent with Ho\lsing Element Policy 3.2 the project would provide at least 10% of the lower income units with three or more bedrooms. CT 91-12/SDP 91-11/Hu, 91-25 -MARINERS POINT NOVEMBER 17, 1993 PAGE 4 B. ZONE 20 SPECIFIC PLAN (SPECIFIC PLAN 203) The Zone 20 Specific Plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of the planning area. This project meets the goals and objectives of the specific plan for the following reason: 1. The project conforms to all aspects of the General Plan and applicable City ordinances, regulations and policies. 2. As conditioned the project provides coordination between surrounding developments through the provision of roadway connections with properties to the north, east and south. 3. The residential land uses are compatible with the existing multi-family residential land use to the south. 4. The project does not preclude the provision of an integrated open space and trail . system within the planning area. 5. The project provides an attractive, well buffered, and landscaped circulation system that safely and aesthetically provides for the needs of automobiles, cyclists, pedestrians and adjacent land uses. 6. The provision of a combination of single-family lots ranging in size from 7,500 to over 10,000 square feet and apartment units available to low income households· that would be located close to a 42 acre City park and adjacent to a collector street creates a well planned, yet diversified community. 7. The project is located within the Commercial Overlay Zone and would provide a small commercial area on the east side of future Alga Road. This site may be developed for commercial uses subject to a future Site Development Plan approved by the Planning Commission. If access to the neighboring property to the east is required in this location the site may only be large enough to accommodate a small Recreational Vehicle Storage area. 8. To achieve densities conducive to the provision of affordable housing in Area "C", the project transfers density from Areas "A" and "B" to Area "C". The specific plan allows one area to be developed at a higher density than would normally be allowed, subject to the remaining area being developed at a lower density for purposes of affordable housing. The density transfer is allowed only if the overall density of the area does not exceed the total number of housing units allowed under the Growth Management Ordinance. CT 91-12/SDP 91-11/HI..Jr' 91-25 -MARINERS POINT NOVEMBER 17, 1993 PAGE 5 The project is located in Planning Area "A" of the Zone 20 Specific Plan and complies with the required "Special Design Criteria" as follows: • l. An average 50 foot setback from Alga Road would be provided. 2. Noise mitigation measures for homes impacted by traffic noise from Alga Road would be provided. 3. Enhanced landscaping would be provided along Camino de las Ondas and Alga Road, and on the manufactured slopes between the terraced building pads. 4. The building elevations for the single-family homes and apartment buildings would have a variety of materials, architectural accent features, articulated wall and roof planes, varying roof heights and building massing, building street setbacks, and curvilinear streets are provided. The Zone 20 Specific Plan also designates the Residential Density-Multiple Zone with the Qualified Development Overlay Zone (RD-M-Q) and the R-1 One-Family Residential Zone with the Qualified Development Overlay Zone (R-1-10,000-Q) of the City's Zoning Ordinance as the implementing zones for development standards in the project. The proposed project would comply with the standards of the R-1, RD-M, and Qualified Development Overlay Zones as follows: SINGLE-FAMILY RESIDENTIAL ZONE (R-1)/CHAPTER 21.10 I REQUIRED I PROPOSED I LOT SIZE 10,000 SQ. FT. 10,000 SQ. FT. LOT COVERAGE 40% MAX. 39% MAX. FRONT YARD SETBACK 20 FEET 20 FEET STREET SIDE YARD 10 FEET 10 FEET SETBACK SIDE YARD SETBACK 5-10 FEET 5-10 FEET REAR YARD SETBACK 10-20 FEET 20-90 FEET BUILDING HEIGHT 30 FEET 18-24 FEET CT 91~12/SDP 91-11/HD~ 91-25 -MARINERS POINT NOVEMBER 17, 1993 PAGE 6 RESIDENTIAL DENSI1Y MULTIPLE ZONE (RD-M)/ CHAPTER 21.24 REQUIRED PROPOSED LOT SIZE 7,500 SQ. FT. 7,500 S. F. & 8.4 ACRES LOT COVERAGE 60% MAX. 19% FRONT YARD SETBACK 10-20 FEET 21-35 FEET STREET SIDE YARD 5-10 FEET 15-30 FEET SETBACK SIDE YARD SETBACK -5 FEET 40-50 FEET REAR YARD SETBACK 10 FEET 15 FEET BUILDING HEIGHT 35 FEET 32-35 FEET QUALIFIED DEVELOPMENT OVERLAY ZONE (Q)/ CHAPTER 21.06 The zoning for the property includes the Qualified Development Overlay Zone (Q), therefore, before the Planning Commission recommends approval of the project to the City Council, Title 21, Chapter 21.06, Section 21.06.020(b) requires the Planning Commission to make the following findings: 1. 'That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation". The project is consistent with the General Plan and Zone 20 Specific Plan as explained in Sections A and B of this report. The project would not have a significant impact on the environment as discussed in Section G of this report. The proposed residential land uses are compatible in scale, architecture, and building materials with the multi-family residential development to the south. Public street improvements would be provided to accommodate traffic generated by the project and the project must comply with all the circulation and public facility requirements of Local Facilities Management Plan Zone 20. 2. ''That the site for the intended use is adequate in size and shape to accommodate the use" The project site is rectangular in shape, the topography is gently sloping, and the grading and development to accommodate streets and building pads would conform CT 91-12/SDP 91-11/HDP 91-25 • MARINERS POlNT NOVEMBER 17, 1993 PAGE 7 to all required City ordinances as illustrated on the attached exhibits. The proposed 176 apartment units would be accommodated on the level building pad areas of the lot without encroaching into the manufactured slopes located along the eastern portion of the site. 3. '7hat 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 project would be conditioned to provide a solid wall or fence, and landscaped windbreaks along the perimeter of any future developable area that abuts property under "open field" cultivation, in order to reduce public nuisance effects of adjacent pesticide spraying and dust generation from farm operations. Single-family Residential Area: a. Standard front, side and rear setbacks would be provided for each home, and all homes would have three-car garages to satisfy offstreet parking requirements. b. The front yards of all the lots would be landscaped with 3 street trees of varying sizes, a 10 foot planting easement is provided on both sides of Camino de las Ondas, and the SO foot setback along Alga Road would be landform graded and heavily landscaped. Multi-Family Residential Area: a. The bulk and scale of the proposed two and three-story apartment buildings would be compatible with the existing and surrounding residential development to the south. The proposed multi-family residential land use would provide an appropriate transition between the proposed single-family land use to the east and the future community park land use to the northwest. A 20 to 25 foot building setback along future Hidden Va1ley Road and a 20 to 35 foot setback along Camino de las Ondas would provide an adequate buffer between this project and the public streets. The building pads for the apartments would be 20 feet lower in elevation than the single-family homes to the east. The single-family homes would be adequately setback a distance of approximately 27 to 40 feet from the top of the slope that separates the two land uses. In the area of the apartment site where the apartments are only approximately 5 to 10 feet below the grade elevation of the homes to the east, there would be a public street separating the two residential land uses. These slope separations and setbacks are adequate to buffer the two land uses in terms of noise and visual aesthetics. CT 91-12/SDP 91-11/HDP 91-25 -MARINERS PO[NT NOVEMBER 17, 1993 PAGE 8 b. The design of the project would assure a unique mix of residential development, and enhance the aesthetic quality of the area as follows: -1. The street setbacks would be landscaped with a combination of trees and shrubs to partially screen the residential structures from the public streets. 11. The building elevations would have textured stucco exteriors and tile roofs, varied roof lines, architectural accent features and building forms, and varied building facades. m. The dwelling units would be orientated at various angles along the driveway to provide an enclosure of space between the buildings and to provide more visual interest when the project is viewed from the public streets. 4. ''That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use11• Single-Family Residential Area: All the local, collector, and major streets, both ~ithin and offsite from this area, would be constructed to City standards, have underground utilities, and contain public sidewalks. Multi-Family Residential Area: a. The project would provide adequate onsite parking (348 parking spaces)_and circulation to serve the needs of the residents and their guests, and it would not impact the availability of offsite street parking. b. Sidewalks and drainage facilities would be provided along the project's street frontages to serve the project. c. The proposed 30 foot wide central private driveway would be adequate to provide safe and efficient traffic circulation, vehicle tum movements, and emergency access. The City's Parking Ordinance requires a minimum standard width of 24 feet for a two-way traffic aisle containing ninety degree parking on both sides. A 24 foot driveway aisle provides adequate separation and distance for vehicles backing out of parking spaces and adequate separation for two-way traffic (12 feet per travel lane). d. An internal pedestrian circulation system that is separated from the driveways would be provided and it would allow sufficient and safe access to the recreation facility and adjacent public streets. CT 91-12/SDP 91-11/HL,r-91-25 -MARINERS POINT NOVEMBER 17, 1993 PAGE 9 C. 1. e. Adequate access for emergency vehicles is provided by the central 30 foot wide private driveway that leads from Hidden Valley Road to Camino de las Ondas. The 30 foot wide driveway is wide enough to accommodate emergency vehicles, and the project would be conditioned to prohibit parallel parking along this central access way. The project has been reviewed and approved by the Fire Department. CARLSBAD MUN[CIPAL CODE, TITLE 21: CHAPTER 21.53, SECTION 21.53.120, SITE DEVELOPMENT PLAN -"AFFORDABLE HOUSlNG" The Carlsbad Municipal Code Section 21.53.120 requires a Site Development Plan for any multi-family residential apartment development having more than 4 dwelling units or an affordable housing project of any size. This project would have 362 residential units of which 55 of those units must be designated as affordable to lower income households. Lots within the proposed single- family R-1-10000 portion (Unit "A") of the project do not meet the Zoning Ordinance's 75 foot lot width standard for R-1-10,000 lots. An overall lot width average of 72 feet would be maintained in Unit "A". A lot width ranging from 70 to 75 feet is adequate to accommodate a home and still maintain side yard setbacks that meet the ordinance. This reduction in lot width for a portion of Unit "A" allows approximately 9 additional single- family units to be developed which reduces the financial burden to provide affordable units elsewhere in the project. In order to provide affordable housing in this project the applicant is requesting that the Planning Commission recommend to the City Council that this standard be waived under Section 21.53.120(c) Development Standards. A Site Development Plan for an affordable housing project may allow less restrictive development standards than specified in the zone code or underlying zone if the project is in conformance with the General Plan and would not have a detrimental effect on public health, safety and welfare. • Before the Planning Commission recommends approval of the project to the City Council, Title 21 of the Municipal Code under Section 21.53.120(c) requires that the following finding be made: • ',-.}tat the project is in conformity with the General Plan and adopted policies and goals of the City, and it would have no detrimental effect on public health, safety and welfare". See the Section B of this report entitled Qualified Development Overlay Zone (O) for additional findings of fact that also apply to this finding requirement of the code. An average 3 foot reduction in lot width for a single-family lot would not preclude the placement of a home on the lot, would not constrain access to the lot, nor substantially reduce the physical separation of the homes when viewed from the public street. The Zoning Ordinance currently designates 60 feet as the lot width for R-1-7500 single-family CT 91-12/SDP 91-11/HDr-91-25 -MARINERS POlNT NOVEMBER 17, 1993 PAGE 10. lots. All the lots in Unit "A" would still maintain a minimum of 10,000 square feet of lot area. 2. HILLSIDE DEVELOPMENT REGULATIONS/CHAPTER 21.95 The project site contains slopes of 15% or greater and an elevation differential greater than 15 feet, therefore, a Hillside Development Permit is required. Before the Planning Commission approves the Hillside Development Permit, Title 21, Chapter 21.95, Section 21.95.030 requires that the Planning Commission make the following findings: 1. 'That hillside conditions and undevelopable areas of the project have been properly identified". The site's hillside slope conditions and undevelopable areas have been identified on Constraints Exhibit "JJ'' dated, November 17, 1993. 2. ''That the development proposal and all applicable development approvals and permits are consistent with the purpose, intent, and requirements of this chapter and that the project design substantially conforms to the intent of the concepts illustrated in the hillside development guidelines manual". a. All manufactured cut and fill slopes are landforrn/contour graded and do not exceed a height of 30 feet. b. The project's cut/fill grading volumes of 8,915 cubic yards per graded acre falls within the "potentially acceptable range" of 8,000 -10,000 cubic yards/acre. Included in these volumes is 43,200 cubic yards of grading for Alga Road which is a circulation element roadway. When grading for Alga Road is subtracted out of the grading calculations, the project's grading volumes are reduced to 8,481 cubic yards per graded acre and are still within the "potentially acceptable range". • Based on engineering standards and requirements to meet specific fixed vertical and horizontal alignments for proposed Alga Road and the extension of Camino de las Ondas, which is a non-loaded collector road traversing across the entire project, the Planning Director and City Engineer recommend approval of the proposed grading volumes. c. Landscaping in conformance with the Zone 20 Specific Plan would be provided on all manufactured slopes to assist in visually screening the slopes and to reduce erosion. d. All structures and roofs within the project would be earth tone in color to reduce visual impacts. CT 91-12/SDP 91-11/h..,.c> 91-25 -MARINERS POINT NOVEMBER 17, 1993 • PAGE 11 e. A percentage of the homes along the north/south trending and gently sloping ridgeline would be one-story in height and all homes would have varying roof lines. f. Homes are setback from the top of manufactured slopes from a range of 17 to 50 feet. 3. ''That no development or grading will occur in those portions of the property which are undevelopable pursuant to the provisi~ns of Section 21.53.230 of this code". All undevelopable areas have been identified and no development or grading would occur in the areas containing 25 to 45% + slopes. The project contains no wetland areas, riparian or woodland habitats, floodways, major power transmission easements, beaches, or permanent bodies of water. 4. ''That the project design and lot configw..ition minimizes disturbance of hillside lands". The proposed grading would create building pads that are terraced for views and step down the slope. A majority of the local streets and manufactured slopes are curving and are aligned to follow the north/south trending contours. The street alignments and curving landform graded slopes would reduce visual impacts created by the grading and help simulate the natural slope conditions. 3. INCLUSIONARY HOUSING ORDINANCE, CHAPTER 21.85: The Inclusionary Housing Ordinance implements the inclusionary objectives of the Housing Element (Objective 3.6), and at a minimum, the project would be required to provide not less than 15% of all proposed residential units affordable to lower income households. The project proposes 362 dwelling units, therefore, 15% of those units would yield a minimum requirement to provide 55 housing units affordable to lower income households. The applicant is proposing to meet the affordable housing requirement of the project within the apartment portion of the site plan. Six (10% min.) of the affordable apartment units would be three-bedroom and contain 1,219 square feet to accommodate larger families. The project would be conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to Final Map approval. The Affordable Housing Agreement is a legally binding agreement between the applicant and the City which provides the specific details regarding the implementation of the affordable housing requirements of the Zone 20 Specific Plan and subsequent conformance with the City's Housing Element. CT 91-12/SDP 91-11/Hur 91-25 -MARINERS POlNT NOVEMBER 17, 1993 PAGE 12 D. GROWTI-1 MANAGEMENT The proposed project is located within Local Facilities Management Plan Zone 20 in the Southwest Quadrant. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized as follows: COMPLIANCE WITH FACILllY IMPACTS SfANDARDS CITY ADMINISTRATION 1262 Sq. Ft. Yes LIBRARY 673 Sq. Ft. Yes WASTE WATER TREATMENT 362 EDU Yes PARKS 2.52 Acres Yes DRAINAGE NIA Yes CIRCULAT[ON 2926 ADT Yes FIRE Station# 4 Yes OPEN SPACE 10.1 Acres Yes SCHOOLS CUSD Yes SEWER COLLECTION SYSTEM 362 EDU Yes WATER DISTRIBUTION SYSTEM 72,640 GPO Yes The project is 3.4 dwelling units below the Growth Management Dwelling unit allowance for the property. E. SUBDMSION ORDINANCE/ TITLE 20 The proposed tentative map would comply with all the requirements of the City's Subdivision Ordinance, Title 20. Adequate drainage and sewer would be provided within the proposed public streets. The project's drainage and sewer systems would flow south into existing systems and towards Batiquitos Lagoon. Grading qua;ntities would consist of 625,000 cubic yards of cut and fill that would be balanced onsite, thus eliminating the impacts associated with export or importation of soil. The project's proposed streets are adequate to handle its circulation needs as conditioned. Street "L" as shown on the tentative map will not meet cul-de-sac standards. A condition of approval has been added to ensure that the project comply with the Final EIR 90-03 and Local Facilities Management Plan Zone 20 requirements for meeting cul-de-sac standards and for the phasing of improvements for Alga Road. The applicant's proposal to comply CT 91-12/SDP 91-11/E-iut' 91-25 -MARINERS POINT NOVEMBER 17, 1993 PAGE 13 with the cul-de-sac standard involves the use of a 20 foot drainage easement with grades up to 20% that leads from the end of "L" Street to Camino De Las Ondas. That proposal would also serve to circumvent the EIR and facility plan conditions for phasing of Alga Road. The Engineering Department does not find that alternative acceptable. As conditioned the project would provide the following public street improvements: 1. A traffic actuated signal at the intersection of Alga Road and Camino de las Ondas shall be designed and guaranteed for future construction. 2. Alga Road between the subdivision boundary and Poinsettia Lane shall be constructed with two inside lanes, full median curbing, all needed storm drain facilities and all utilities that will be beneath the paved roadway sections. The City Engineer may accept an alternate proposal that fulfills the need to provide this vital roadway link that the residents of this project will use. This condition may be met by another developer based on which developer wishes to proceed first. 3. Alga Road within the subdivision boundaries shall be constructed with full public improvements to major arterial standards based on a right-of-way width 102 feet. 4. Hidden Valley Road within the subdivision boundaries shall have half street improvements plus 12 feet of paving. An offsite portion of Hidden Valley Road from Camino de las Ondas to the subdivision boundary shall be constructed for two lanes of travel. This offsite portion of Hidden Valley Road is required in order to meet the cul-de-sac policy for Unit "C"of this subdivision. F. MELLO II LOCAL COAST AL PROGRAM . The project is located in the Mello II Segment of the City's Local Coastal Program (LCP) and complies with the plan as follows: 1. All grading avoids steep coastal sage covered slopes in the very northeastern comer of the property per the requirements of the Coastal Resource Protection Overlay Zone. The project would be conditioned to provide adequate drainage, siltation, and erosion control facilities as part of the approved grading permit. The grading operation would be limited to the summer construction season, April 1 to October 1. 2. The project contains vacant non-prime agricultural land containing Class III and IV soils and is located in the Coastal Agricultural Overlay Zone (Site II). The Mello II LCP requires mitigation when non-prime coastal agricultural land is converted to urban land uses. The project would be conditioned to comply with one of the three LCP mitigation options provided when projects are located in-Site II: (1) "Prime Land Exchange"; (2) "Determination of Agricultural Feasibility''; and (3) "Agricultural Conversion Mitigation Fee". CT 91-12/SDP 91-11/h~c' 91-25 -MARINERS POINT NOVEMBER 17, 1993 PAGE 14 G. ENVIRONMENT AL REVIEW/ TITI.E 19 AND CEOA The project site is located within the boundaries of Zone 20 Specific Plan (SP 203) which covers the 640 acre Zone 20 planning area. The direct, indirect, and cumulative environmental impacts from the future development of the Zone 20 planning area have been discussed in the Final Environmental Impact Report (EIR 90-03) for the specific plan. The recommended mitigation measures of Final EIR 90-03 would be included as conditions of approval for this project. These studies provide more focused and detailed· project level analysis and indicate that additional environmental impacts beyond what was analyzed in Final EIR 90-03 would not result from implementation of the project. This project is in prior compliance with Final EIR 90-03 and would not create any additional significant environmental impacts. IV. SUMMARY AND RECOMMENDATION The proposed project: (1) is consistent with the General Plan; (2) complies with the Zone 20 Specific Plan; (3) meets the requirements of Titles 20 and 21; ( 4) findings for the Site Development Plan can be made under Section 21.06.020 and 21.53.120; (5) complies with the Mello II Segment of the Local Coastal Program; (6) is in conformance with Growth Management; and (7) is in compliance with the mitigation requirements of Final EIR 90- 03, and will not significantly impact the environment, therefore, staff recommends approval of CT 91-12/SDP 91-11/HDP 91-25. ATTACHMENTS 1. Planning Commission Resolution No. 3556 2. Planning Commission Resolution No. 3557 3. Planning Commission Resolution No. 3558 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Disclosure Form 8. Reduced Exhibits 9. Full size Exhibits "A"-"00", dated November 17, 1993. JG:km:lh:vd September 20, 1993 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PLANNING COMMISSION RESOLUTION NO. 3556 A RESOLUT[ON OF THE PLANNING COMMISSION OF THE CI1Y OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 186 SINGLE-FAMILY LOTS AND 176 APARTMENT UN[TS ON PROPER1Y GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: MARINERS POINT CASE NO: CT 91-12 WHEREAS, a verified application for certain property to wit: Southeast quarter of Section 21, Township 12 South, range 4 west Sari Bernardino Meridian, in the County of San Diego, Stare of California, according ro rhe official plat. has been filed with the City of Carlsbad and referred to the Planning Commission; ·and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of November, 1993, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:. • 22 A) 23 B) 24 That the above recitations are true and correct . That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 91-12, based on the following findings and subject to the following conditions: 25 26 27 28 l 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 Findings: 1. The project is consistent with the General Plan and Zone 20 Specific Plan since the overall proposed density of 5.4 dus/acre is within the density range of 4-8 dus/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 6. 2. The project is consistent with all City public facility policies and ordinances since: 3. 4. 5. 6. 7. 8. 9. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur • within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The project is in compliance with the adopted mitigation measures of Final Environmental Impact Report 90-03 and would not create any additional significant adverse environmental impacts. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. 27 PC RESO NO. 3556 -2- 28 l. 2 3 4. 5 6 10. 11. 12. 7 13. 8 14. 9 The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The proposed project is compatible with the surrounding future land use since surrounding properties are designated for residential development on ~he general plan. The project is consistent with all policies of the Mello Il Local Coastal Program. The tentative map satisfies all requirements of the Title 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 General Planning Conditions: 1. 2. 3. 4. 26 Recommendation of approval is granted for CT 91-11, as shown on Exhibits "A" - "00", dated November 17, 1993 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This project-is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. This project is also approved under the express conditions that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated November 26, 1991, a copy of which is on rile with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 27 PC RESO NO. 3556 -3- 28 l 2 3 4 5 6 5. 6. 7 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8. 9. 10. 11. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the conditions complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Approval of CT 91-12 is granted subject to the approval of SOP 91-11 & HOP 91- 25. The developer shall provide the City with a reproducible 24" x 36", mylar copy of. the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. The applicant shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: "Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21. 90. The land use designation for this development is RM and RLM. The Growth Control Point for these designations are 6 and 3.2 dwelling units per nonconstrained acre. All parcels were used to calculate the intensity of development under the general plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include all parcels under the general plan and Chapter 21. 90 of the Carlsbad Municipal Code". 27 PC RESO NO. 3556 -4- 28 J. 2 3 4 5 6 7 8 9 10 11 12. 13. 14. 15. 12 16. 13 14 15 16 17 17. 18 18. 19 20 21 22 23 24 25 19. 26 Prior to approval of the final map, the applicant shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. If the approval is substantially different, an amendment to CT 91-12 shall be required. The applicant shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. The CC&R's shall include provisions specifying the Homeowner's Association maintenance . responsibility for all natural open space and slope maintenance easements, and offsite manufactured slopes shown on the approved tentative map and landscape plan (CT 91-12), which is on file in the Planning Department. The developer shall provide a minimum of 25% of the single-family lots with adequate sideyard area for recreational vehicle storage pursuant to City Standards. The CC&R's shall prohibit the storage of recreational vehicles in the required front yard setback. Adjustments in the plotting of units as illustrated on the approved site plan will be allowed in final Engineering to accommodate this requirement. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit applicati9n. Prior to the issuance of the building permit there shall be a Notice of Restriction placed on the deed to this property subject to the satisfaction of the Planning Director notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Map, Site Development Plan, and Hillside Development Permit by Resolutions No.'s 3556, 3557, and 3558 on the real property owned by the declarant. 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. Said Notice of Restriction may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project: All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and sound buffered from adjacent properties and streets, 27 PC RESO NO. 3556 -5- 28 l 2 20. 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 -25 26 21. 22. 23. 24. 25. 26. 27. 28. in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. £n Area "C" all visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director prior to occupancy of individual units. • The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. Trash receptacle areas in Unit "C' shall be enclosed by a six foot high masonry wall with gates pursuant to City standards. The enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. For Area "C' an exterior lighting plan including parking areas shall be submitted for Planning Director approval prior to issuance of building permits. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The applicant shall submit a wall and fencing plan subject to Planning Director approval prior to issuance of building permits. Prior to issuance of a building permit the applicant shall submit detailed building elevations and floor plans of the recreational buildings subject to approval by the Planning Director. Prior to approval of the final map or issuance. of building permits, whichever occurs first, the applicant shall establish a process to notify, to the satisfaction of the Planning Director and City Attorney, all owners, users and tenants of this project that a community park site is located near this project to the northwest. Prior to approval of the final map, the owner proposing a future neighborhood commercial development of overlay designated property shall obtain Planning Director approval of a program to disclose the potential commercial use to future owners of the surrounding properties. To service this development the project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract ·from the basic architectural theme of the project and said design shall be subject to the • approval of the Planning Director and North County Transit District. 27 PC RESO NO. 3556 -6- 28 29. This project shall comply with the requirements of the Zone 20 Specific Plan (SP l 203). 2 Affordable Housing Conditions: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 30. 31. 32. This project is approved, subject to the condition that the required ratio of income restricted units shall be constructed concurrent with the project's market rate units. The project shall construct housing units affordable to persons and families of lower income and comply with all the requirements of the Affordable Housing Plan of the Zone 20 Specific Plan (SP 203). Prior to final map approval, an Affordable Housing Agreement shall be required to be submitted by the applicant to the City, approved by the Planning Director and Director of Housing and Redevelopment, and completed and recorded as a deed restriction on those units of the project which are designated for the location of low-income affordable units. The Affordable Housing Agreement shall be binding to all future owners and successors in interest. The Affordable Housing Agreement, for which the inclusionary housing requirement will be satisfied through new construction of inclusionary units on-site, shall establish, but not be limited to, the following: • a. b. C. d. e. f. g. h. The number of inclusionary dwelling units proposed; The unit size(s) (square footage) of the inclusionary units and the number of bedrooms per inclusionary dwelling units; The proposed location of the inclusionary units; Tenure of affordability for inclusionary units (30 years minimum); Schedule for production of the dwelling units; • Incentives and/or financial assistance provided by the City; Where applicable, terms and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable inclusionary dwelling units; Standards modifications granted by the City. 21 Sign Conditions: 22 23 24 25 26 33. 34. Prior to occupancy of any of the apartment units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. Building identification and/ or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color ·of identification and/or addresses shall contrast to their background color. 27 PC RESO NO. 3556 -7- 28 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 35. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Landscape Conditions: 36. 37. 38. 39. 40. 41. 42. 43. 44. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the approval of grading or building permits, whichever occurs first. All landscaping shall comply with the Landscape Requirements of the Zone 20 Specific Plan (SP 230). Prior to approval of the building permits, all manufactured offsite slopes created by this project shall be landscaped to the satisfaction of the Planning Director, and shall include at a minimum, landscaping to control erosion and to provide visual screening of the slopes. To provide play areas for children (in Area "C"), prior to approval of the final landscape plan, the development shall: (1) provide on the Landscape Plan flat turf areas (minimum area -100 square feet) between buildings, slopes, and parking areas when feasible; and (2) two "tot lot" areas dispersed within the site. Prior to approval of the final map, the applicant shall establish a 10 foot landscape easement along the project's street frontage on both sides of Camino de las Ondas and along the east side of Hidden Valley Road as shown on the tentative map. These planting easements shall be planted by the applicant per the landscape requirements of the Zone 20 Specific Plan prior to occupancy of individual units. All building pad and street areas that are graded and remain vacant or undeveloped for a period of more than 6 months after the grading operation is completed shall be seeded to reduce erosion and visual impacts. If grading is phased, the six month time period shall start at the completion of each individual grading phase. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the PL.inning Department. 27 PC RESO NO. 3556 -8- 28 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 45. 46. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. The developer shall avoid trees that have invasive root systems, produce excessive litter and/or too large relative to the lot size. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. 48. All herbicides shall be applied by applicators licensed by the State of California. 49. so. 51. 52. 53. 54. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. The minimum shrub size shall be 5 gallons. One (1) gallon shrub sizes may be used if it is deemed to be more beneficial for the long term survivability of the plants as determined by the -Planning Director.· The number of trees in the project shall be equal to or greater than the number of residential units. Twenty percent (20%) of the trees in the project shall be 24" box or greater. l 9 Environmental Mitigation Conditions: 20 21 22 23 24 25 26 55. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello H Local Coastal Program the applicant shall implement one of the following three mitigation options prior to approval of the final map: a. b. Preserve prime agricultural property within the Coastal Zone consistent with Sections 30241 and 30242, or cluster new development consistent with Section 30250, of the Coastal Act; or Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation Option 2 of the Local Coastal Program; or 27 PC RESO NO. 3556 -9- 28 l 2 56. :5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2:5 24 .25 26 57. 58. c. Provide payment of an agricultural mitigati~n fee, the amount of which is $10,000.00 for each converted acre. Compliance with APCD Rules 51 (The "Nuisance" Rule), 52 (Particulate Matter), and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust impacts generated during grading operations. A note shall be placed on the grading permit stipulating that the following measures shall be required to achieve compliance with these rules, and reduce construction-related air pollutants: a. b. C. d. e. f. g. h. The watering of all surfaces being graded and haul routes shall be required during dry weather conditions. All unpaved areas shall be revegetated according to approved landscape plans as soon as possible after grading. All construction-related traffic shall be restricted to routes that are dust-controlled, and reduced speed limits shall be maintained for all haul and construction vehicles. All construction activities shall be limited during periods of high winds. All heavy-duty, diesel-powered construction equipment shall be operated according to manufacturers suggested operating instruction (with the fuel-injection timing retarded to recommended levels for N011 emissions, but which would not result in excessive visible smoke emissions) in order to control pollutant emissions. Construction equipment shall be subject to regularly scheduled maintenance/tune-ups, and be turned off when not being utilized to avoid excessive idling emissions. The application of architectural coating and cut-back asphalt shall adhere to APCD Rules 67.0 and 67.7, to effectively control other construction-related emissions of air pollutants. The Engineering Department shall monitor for compliance during all grading operations of the project. The Homeowners Association and apartment project owner shall obtain and distribute to owners and tenants annual information from Caltrans and North County Transit regarding the availability of public transportation, ride-sharing, and transportation pooling services in the area. This information shall also be provided in the sales and rental offices of the project. A condition so stating this shall also be placed in the CC&R.'s for the project. The applicant shall provide the following noise mitigation measures to comply with the current Noise Policy: a. Prior to occupancy of individual units, the applicant shall construct a six foot high noise attenuation wall on the top of the slope along Lots 27 PC RESO NO. 3556 28 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 59. 60. 22 61. 23 24 25 26 b. c. d. #48 through 56 per the requirements of the project's noise study dated May 29, 1992 and as shown on the Landscape Concept Plan for the project, which is on file in the Planning Department. The said wall shall be faced with stucco to be compatible with proposed development, and have masonry pilasters and offsets with landscape screening to reduce visual impacts along Alga Road. To obtain an interior noise level of 45 CNEL, the windows and doors in homes on Lots 52 through 56 must be closed, therefore, a ''windows closed" condition is applicable and a mechanical ventilation system with fresh air provisions in accordance with the Uniform Building Code and Planning Department Policy No. 17 is required. Prior to approval of the final map or issuance of building permits, whichever occurs first, the applicant shall prepare and record a notice that this property may be subject to impacts from a proposed or existing transportation corridor (see Noise, Form #1 on file in the Planning Department) and overflight, sight, and sound of aircraft operating from Palo~ Airport (see Noise, Form #2 on file in the Planning Department). The notice shall be prepared in a manner meeting the approval of the Planning Director and the City Attorney The applicant shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise, Form #3 on file in the Planning Department). Prior to approval of a grading permit a detailed soils testing and analysis report shall be prepared by registered soils engineer and submitted to the Planning Department and County Health Department for review and approval. The report shall identify a range of possible mitigation measures to remediate any potentially significant public health impacrs if hazardous pesticides or other chemicals are detected at high concentrations in the soil. Prior to occupancy of individual units a solid wall or fence, and landscaped windbreaks shall be installed along the perimeter of any future developable area that abuts property under "open field" cultivation, in order to reduce public nuisance effects of adjacent pesticide spraying and dust generation from farm vehicles and o~tions. Prior to approval of the final map or issuance of a building permit, which ever occurs first, a minimum 25-foot wide open space easement shall be provided between "open field" agricultural operations and the adjacent lot lines of future developable areas on-site. This buffer area may be located on the adjacent agricultural property. 27 PC RESO NO. 3556 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 62. Prior to approval of a final map or issuance of a building permit, which ever occurs first, an infrastructure improvement plan shall be submitted to the Planning and Engineering Departments for review and approval by the Planning Director and City Engineer. This plan shall illustrate the temporary road connections required to maintain continued access to adjacent agricultural properties that could be impacted by future roadway improvements. 63. Drainage water from buildings, streets, parking lots, and landscaped areas within the project shall be disposed of through stormdrains or otherwise in a manner that will avoid any runoff onto agricultural areas whether planted or fallow. All runoff, agricultural and urban, shall conform with the National Pollution Discharge and Elimination System Permit requirements pursuant to San Diego Regional Water · Quality Control Board Order No. 90-42, adopted by City Council Resolution No. 90- 235. 64. Prior to approval of the final map or issuance of building permits, whichever occurs first, the applicant shall notify, to the satisfaction of the Planning Director and City Attorney, all owners, users and tenants of this project that this area is subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the owners, users, and tenants occupy this area at their on risk. 65. Paleontology: a. b. c. d. e. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director. 27 PC RESO NO. 3556 -12- 28 66. 1 2 67. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 68. 69. 70. 71. 72. Prior to issuance. of a building permit the project shall comply with the City of Carlsbad's standards for solid waste management. All grading shall comply with the recommendations of Leighton and Associates Incorporated in the Geotechnical Engineering Investigation and Geologic Reconnaissance dated August 31, 1992, and on file in the Planning Department. To reduce the visual impacts of the project, a percentage ·of homes along the • north/south trending and gently sloping ridgeline shall be one-story in height and have varying roof lines. All structures and roofs within the project shall be earth tone in color. Prior to • issuance of. the first building permit the applicant shall submit to the Planning Department a sample color board depicting the proposed earth tones subject to the approval of the Planning Director. To reduce the visual impacts of manufactured slopes and roadway cuts, all cut and fill slopes shall be landform-graded, contoured, and heavily screened by landscaping in conformance with Specific Plan 203. All planted slopes shall be watered with a complete irrigation system using low precipitation-rate sprinkler heads to stabilize exposed slopes and curtail visual impacts associated with possible erosion. Prior to approval of a final map, improvement plans shall be submitted to the Engineering Department showing locations and sizing of reclaimed and or urban runoff diversion facilities, in accordance with the Carlsbad Municipal Water District requirements and the phasing schedule provided in the Zone 20 LFMP. Reclaimed water facilities shall be constructed in all major roadways within the project. Prior to final map approval, the applicant shall be required: (1) to consult with U.S. Fish and Wildlife Service (FWS) regarding the impact of the project on the Coastal California Gnatcatcher; and (2) be issued any permits required by the FWS. 19 Engineering Conditions: 20 21 22 23 24 25 26 73. 74. 75. The alignments, tangents and horizontal radii of the streets in this project are specifically approved as shown on the tentative map. [n order to meet the cul-de-sac standard, no building permits shall be issued for any lot on Street "L" unless a secondary access to the satisfaction of the City Engineer has been provided. Lot 1, Unit A shall be reserved on the final map for access to properties easterly from this project unless a particular access has been sufficiently identified to the 27 PC RESO NO. 3556 -13- 28 l 2 76. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 77. 78. 79. 80. 82. 83. 84. satisfaction of the City Engineer. • In that event an offer of dedication for the particular access shall be made on the final map. .The drainage system shall be designed to ensure that runoff resulting from IO-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm. of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determined the detention basin capacities necessary to accomplish the desired results prior to final map approval, issuance of building or grading perm.it whichever occurs first. This condition may be met if the Applicant demonstrates to the satisfaction of the City Engineer that adequate downstream flow capacity and detention/retention capacity already exists or will exist after upgrades have been guaranteed. If this project is required to provide an onsite detention/retention basin as per the condition to require reduction of peak flows from a 10 year storm to pre-developed conditions, the south east portion Qf Lot 191, Unit C shall be reserved for this purpose as is shown on the tentative map. In that event this portion of Lot 191 shall not be developed with structures as shown on the Site Development Plan, SDP 91-11. No building permits for more dwelling units in Unit "C' than the number of dwelling units that will generate 500 ADT shall be issued unless secondary access to Unit "C' has been guaranteed to the satisfaction of the City Engineer. Only the number of dwelling units that will generate no more than 500 ADT within Unit "C' shall be occupied, until secondary access has been provided. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell Telephone, and Cable 1V authorities. This project is approved specifically as three Units for the purposes of recording. Lots shall be numbered consecutively through the three recording units. If the applicant chooses to construct out of phase, the new phasing must be reviewed and approved by the City Engineer and Planning Director. 27 PC RESO NO. 3556 -14- 28 l 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 85. 86. 87. BB. 89. 90. 91. 92. Approval of this tentative tract map shall expire twe~ty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12. l 10(a)(2) Carlsbad Municipal Code. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. The applicant shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. Prior to approval of the final map, the owner shall enter into an agreement with the City to .'a.y any drainage area fees established as a result of the Master Drainage Plan Update. The owner of the subject property shall execute a Hold Harmless Agreement regarding drainage across the adjacent property prior to approval of the final map for this project. • Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Prior to final map approval, the applicant must submit and receive approval for grading plans m accordance with City Codes and standards. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the applicant is unable to obtain the grading or slope easement, no grading permit will be issued. In that case the applicant must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant shall comply with all 27 PC RESO NO. 3556 -15- 28 l conditions and requirements the City Engineer may impose with regards to the hauling operation. · . 2 93. 3 The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the .Carlsbad Municipal Code and the City Engineer. Reference Chapter 11.06. 4 5 94. 6 Additional drainage easements may be required. Drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be ' r~quired by the City Engineer. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 95. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer • shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City 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. 96. The applicant shall underground all existing overhead utilities within the subdivision boundary prior to issuance of building permits. 97. 98. 99. Direct access rights for all lots abutting Camino de las Ondas and Alga Road (except Lot 1 as shown) shall be waived on the final map. • Some improvements shown on the tentative 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 applicant shall conform to Section 20.16.095 of the Carlsbad Municipal Code. This conditional approval is null and void if title to said property is not obtained, -unless the City Engineer and Planning Director make findings of substantial conformance without construction of said improvements. The applicant shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) perm.it. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map, issuance of grading or building perm.it, whichever occurs first. 100. The following note shall be placed on the final map: ''Prior to issuance of a building permit for any lot within the subdivision, the property owner shall pay a one-ti.me special development tax in accordance with City Council Resolution No. 91-39." 27 PC RESO NO. 3556 -16- 28 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 101. Plans, specifications, and supporting documents for' all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: a. b. c. d. e. f. A traffic actuated signal at the intersection of Alga Road and Camino de las Ondas shall be designed and guaranteed for future construction. Construction shall be at the direction of the City Engineer. A storm drain approximately 600 feet in length running offsite westerly along Camino de las Ondas to connect to the existing 36 inch line near Seascape Drive. The City Engineer may approve an alternate that provides sufficient downstream capacity to meet the needs for handling drainage from this project. Alga Road between the subdivision boundary and Poinsettia Lane shall be constructed with full major arterial width grading in a 102 foot right-of-way, two inside lanes, full median curbing, all needed storm drain facilities and all utilities that will be beneath the paved roadway sections. The City Engineer may accept an alternate proposal that fulfills the need to provide this vital roadway link that the residents of this project will use. This condition may be met by another developer based on which developer wishes to proceed first. All or a portion of these improvements may be eligible for reimbursement under the Zone 20 LFMP Finance Plan. Alga Road within the subdivision boundaries shall be constructed with full public improvements to major arterial standards based on a right- of-way width 102 feet. Hidden Valley Road within the subdivision boundaries shall have half street improvements plus 12 feet of paving. An offsite portion of Hidden Valley Road from Camino de las Ondas to the subdivision boundary shall be constructed for two lanes of travel. This offsite portion of Hidden Valley Road is required in order to meet the cul-de- sac policy for Unit "C"of this subdivision. All or portions of these Hidden Valley Road improvements may be met by a City project pursuant to a reimbursement agreement between the developer and the City. Upgrade the detention/retention basin located near Poinsettia Lane and Batiquitos Drive on Lot 71, CT 73-24, Map No. 7996. The upgrade shall result in an increase in the volume retained and/or an increase in time of retention to the satisfaction of the City Engineer. The City Engineer may approve an alternate proposal that meets the retention needs. 27 PC RESO NO. 3556 -17- 28 J. 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 A note to this effect shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Fire Conditions: 102. Additional on-site public water mains and fire hydrants are required. 103. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include offsite fire hydrants within 200 feet of the project. 104. Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. 1 OS. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. 106. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. 107. All security gate systems controlling vehicular access shall be equipped with a "Knox", key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. 108. Native vegetation which presents a fire hazard to structures shall be modified or removed in accordance with the specifications contained in the City of Carlsbad Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the Fire Department for approval. 109. An approved automatic fire sprinkler system shall be installed in all buildings having an aggregate floor area exceeding 10,000 square feet, if required by the Fire Department. 110. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. 27 PC RESO NO. 3556 -18- 28 1 2 3 4 5 6 Water District Conditions: 111. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. 112. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. The developer shall pay a San Diego County Water Authority capacity charge which will be collected at issuance of application for merer installation. 7 113. Sequentially, the developer's Engineer shall do the following: 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a. b. c. Meet with the City Fire Marshal and establish the fire protection requirements. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. -E.D.U.) plan for potable, reclaimed and sewer systems prior to the preparation of improvement plans. 114. This project is approved upon the expressed condition that building permits will nor be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. 115. Developer shall be responsible for the following systems/lines: A) 1. Potable Systems: ONSITE CONDmONS: (Units A & 8) a. b. Install 8" water mains in Streets "C" "F'' "G" "H" "[" ".f' "K" ) , , , , , , "L", (Note that "L" Street main must be looped to new 12" high pressure main) and Camino De Las Ondas from Street "H" to College Boulevard. Install 12" water mains in Street "H", College Boulevard (Alga Road) boundary to boundary, Camino De Las Ondas from College Boulevard northeasterly to its termination, and Hidden Valley Road boundary to boundary. 27 PC RESO NO. 3556 -19- 28 l 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. 3. B) c. Install fire hydrants and gate valves per attached District approved map. OFFSITE CONDffiONS: a. b. C. d. e. Install 12" water main (High Pressure) along the southerly boundary from Street "H" easterly approximately 460 feet to the existing 12" high pressure line. This new main will be parallel to existing 18"/16" steel low pressure main. Additional right-of-way easement may be required. Also, the·relocation of this existing 18"/16" main may be required because of possible grading conflicts. The existing high and low pressure mains along the southerly lot lines of Lots 6 7, 66, 65 & 56 could or will have conflicts with grading. These issues must be discussed with District Engineer prior to preparation of mylar improvement plans. Install approximately 220 feet of temporary 12" high pressure main in future College Boulevard from the existing 12" high pressure AC.P. main northwesterly to the easterly boundary line. (This main will require an offsite easement). Install 12" low pressure main in Hidden Valley Road from Camino De La Ondas to the westerly boundary line. This will take place when Hidden Valley Road is improved. Also, the District has a 20 foot wide easement located along the westerly boundary of which 5.00 foot is located in your subdivision. Arrangements must be made with District prior to any grading and/or construction in this easement. Obviously the existing 6" main will be removed/abandoned and the easement quitclaimed when the Hidden Valley Road main is constructed but in the meantime arrangement must still be made. All offsite mains shall require easements and all weather vehicular access roads. UNIT "C' Conditions (MULTI-FAMILY) The Developer shall process preliminary potable layout plans through the Fire Marshal and District Engineer at which time all potable conditions/requirements shall be set. Reclaimed Systems: 2. Install 12" line in College Boulevard (Alga Road) from Poinsettia Lane to north property line. Install lines to adequately serve Unit "C". 27 PC RESO NO. 3556 -20- 28 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 .28 PLANNING COMMISSION RESOLUTION NO. 3557 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITI OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN NO. SOP 91-11 FOR 186 SINGLE-FAMILY LOTS AND 176APARTMENTUNITS ON PROPERTI GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: MARINERS POINT CASE NO: SOP 91-11 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 17th day of November, 1993, consider said request on property described as: Southeast quarter of Section 21, Township 12 south, range 4 west San Bernadina Meridian, in the County of San Diego, State of California, according to the official plat. 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 SOP 91-11. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of SOP 91-11, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 C) 3. Install system to service all open space and slopes as determined by District Engineer. Sewer Systems: 1. 2. Pursuant to local facilities management plan Zone 20, install 8" local trunkline in Hidden Valley Road from West property line to San Marcos lnterceptor line (gravity). lnstall 12" trunk line (VBT2 per Zone 20) in Laurel Tree Drive (or College Boulevard). Any temporary sewer service alternates must be approved by the District Engineer. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of November, 1993, by the following vote, to wit: AYES: N06S: ABSENT: ABSTAIN: ATTEST: BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION MICHAEL J. HOLZMILLER 23 PLANNING DIRECTOR 24 25 26 27 PC RESO NO. 3556 28 -21- 1 2 3 4 5 6 7 8 9 10 11 12 1'3 14 15 16 17 18 19 20 21 22 23 24 25 26 Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the general plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, because the project is consistent with the General Plan and Zone 20 Specific Plan as explained in the staff report. The project would not have a significant impact on the environment and is in compliance with mitigation requirements of Final EIR 90-03. The proposed residential land uses are compatible in scale, architecture, and building materials with the multi-family residential development to the south. Public street . improvements would be provided to accommodate traffic generated by the project and the project must comply with all the circulation and public facility requirements of Local Facilities Management Plan Zone 20. 2. • That the site for the intended use is adequate in size and shape to accommodate the use, because the project site is fairly geometric in shape, the topography is gently sloping, and the grading and development to accommodate streets and building pads would conform to all required City ordinances as illustrated on the attached exhibits. The proposed 176 apartment units would be accommodated on the level building pad areas of the lot without encroaching into the manufactured slopes located along the eastern portion of the site. 3. 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 for the following reasons: The project would be conditioned to provide a solid wall or fence, and landscaped windbreaks along the perimeter of any future developable area that abuts property under "open field" cultivation, in order to reduce public nuisance effects of adjacent pesticide spraying and dust generation from farm operations. Single-family Residential Area: a. b. Standard front, side and rear setbacks are provided for each. home, and all homes have three-car garages for offstreet parking. The front yards of all the lots would be provided with 3 street trees of varying sizes, a special 10 foot planting easement is provided along the entire northern property line, a 10 foot planting easement is provided on both sides of Camino del as Ondas, and the 50 foot setback along Alga Road would be land fonn graded and heavily landscaped. 27 PC RESO NO. 3557 2 28 l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 c. An average 3 foot reduction in lot width for a single-family lot would not preclude the placement of a home on the lot, would not constrain access to the lot, nor substantially reduce the physical separation of the homes when viewed from the public street. The Zoning Ordinance currently designates 60 feet as the lot width for R-1-7500 single-family lots. All the lots in Unit "A" would still maintain a minimum of 10,000 square feet oflot area, ·therefore, the modification of the lot width standard for purposes of providing affordable housing would not have a detrimental effect on public health, safety and welfare. Multi-Family Residential Area: a. The bulk and scale of the proposed two and three-story apartment buildings would be compatible with the existing and surrounding residential development to the south. The proposed multi-family residential land use would provide an appropriate transition between the proposed single-family land use to the east and the future community park land l,lSe to the northwest. A 20 to 25 foot building setback along Hidden Valley Road and a 20 to 35 foot setback along Camino de las Ondas would provide an adequate buffer between this project and the public streets. The building pads for the apartments would be 20 feet lower in elevation than the single-family homes to the east. The single-family homes are adequately set back a distance of approximately 27 to 40 feet from the top of the slope that separates the two land uses. In the area of the apartment site where the apartments are only approximately 5 to 10 feet below the grade elevation of the homes to the east, there would be a public street separating the two residential land uses. These slope separations and setbacks are adequate to buffer the two land uses in tenllS of noise and visual aesthetics. b. The design of the project would ass1U'e a unique mix of residential . development, and enhance the aesthetic quality of the area as follows: i. ii. The street setbacks would be landscaped with a combination of trees and shrubs to partially screen the residential structures from the public streets. The building elevations would have textured stucco exteriors and tile roofs, varied roof lines, architectural accent features and building forms, and varied building facades. 27 PC RESO NO. 3557 3 28 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 4. s. ... lll. The dwelling units would be orientated at various angles along the driveway to provide an enclosure of space between the buildings and to provide more visual interest when the project is viewed from the public streets. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use for the following reasons: Single-Family Residential Area: All the local, collector, and major streets within this area would be constructed to full public street width standards, have underground utilities, and contain public sidewalks. Multi-Family Residential Area: a. The project would provide adequate onsite parking (348 parking spaces) and circulation to serve the needs of the residents and their guests, and it would not impact the availability of offsite street parking. b. Sidewalks and drainage facilities • would be provided along the project's street frontages to serve the project. c. The proposed 30 foot wide central private driveway would be adequate to provide safe and efficient traffic circulation, vehicle tum movements, and emergency access. The City's Parking Ordinance requires a minimum standard width of 24 feet for a two-way traffic aisle containing ninety degree parking on both sides. A 24 foot driveway aisle provides adequate separation and distance for vehicles backing out of parking spaces and adequate separation for two-way traffic (12 feet per travel lane). • d. An internal pedestrian circulation system, that is separated from the driveways, would be provided and it would allow sufficient and safe access to the recreation facility and adjacent public streets. e. Adequate emergency access is provided by the central 30 foot wide • private driveway that leads from Hidden Valley Road to Camino de las Ondas. The 30 foot wide driveway is wide enough to accommodate emergency vehicles, and the project would be conditioned to prohibit parallel parking along this central access way. The project has been reviewed and approved by the Fire Department. The project is consistent with all City public facility policies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City 27 PC RESO NO. 3557 4 28 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 6. 7. 8. Engineer determines that sewer service is availabie, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21. 90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified District. 9. Park-in-lieu fees are required as a condition of approval. 10. 11. 12. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project provides affordable housing units that will be available to low income households. 19 Conditions: 20 21 22 23 24 . 25 26 1. 2. All conditions of approval for CT 91-12 as contained in Planning Commission Resolution No. 3556 are applicable to this approval and incorporated through this reference. Approval for SDP 91-11, as shown on Exhibits "A" -"00", dated November 3, 1993, incorporated by reference and on file in the Planning Departtnent. Development shall occur substantially as shown on the approved exhibits. Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this permit . 27 PC RESO NO. 355 7 5 28 l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 ·21 22 23 24 .25 26 27 28 3. Approval of SDP 91-11 is subject to approval of er" 9t'-12 and HDP 91-25. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. HOLZMILLER PLANNING DIRECTOR PC RESO NO. 355 7 BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION 6 l 2 :3 4 5 6 7 PLANNING COMMISSION RESOLUTION ·No. 3558 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI1Y OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT FOR 186 SINGLE-FAMILY LOTS AND 176 APARTMENT UNITS ON PROPER1Y GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: MARINERS POINT CASE NO: HDP 91-25 WHEREAS, a verified application has been filed with the City of Carlsbad and 8 referred to the Planning Commission; and 9 WHEREAS, said verified application constitutes a request as provided by Title lO 21 of the Carlsbad Municipal Code; and 11 12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 17th day of November, 1993, consider said request on property 13 14 described as: 15 16 17 18 Southeast Quarter of Section 21, Township 12 south, Range 4 west San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat. 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 19 11 • 20 factors relating to HDP 91-25. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 22 of the City of Carlsbad as follows: 23 A) 24 B) 25 26 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES HDP 91-25, based on the following findings and subject to the following conditions: 27 PC RESO NO. 3558 1 28 Findings: 1 2 3 1. 4 2. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 3. 26 That hillside conditions and undevelopable areas of the project have been properly identified because the site's hillside slope conditions and undevelopable areas have been identified on a slope constraints exhibit. That the development proposal and all applicable development approvals and permits are consistent with the purpose, intent, and requirements of this chapter and that the project design substantially conforms to the intent of the concepts illustrated in the hillside development guidelines manual for the following reasons: a. b. C. d. e. f. All manufactured cut and fill slopes are land form/ contour graded and do not exceed a height of 30 feet. The project's cutifill grading volumes of 8,915 cubic yds. per graded acre falls within the "potentially acceptable range" of 8,000 -10,000 cubic yds./acre. lncluded in these volumes is 43,200 cubic yds. of grading for Alga Road which is a circulation element roadway. When Alga Road is subtracted out of the grading calculations, the project's grading volumes are reduced to 8,481 cubic yds. per graded acre and are still within the "potentially acceptable range". Based on engineering requirements to meet specific fixed vertical and horizontal alignments for proposed Alga Road and the extension of Camino de las Ondas, which is a non-loaded collector road traversing across the entire project, the Planning Director and City Engineer approve the proposed grading volumes. Landscaping in conformance with the Zone 20 Specific Plan would be provided on all manufactured slopes to assist in visually screening the slopes erosion and to reduce erosion. All structures and roofs within the project would be earth tone in color to reduce visual impacts. A percentage of the homes along the north/south trending and gently sloping ridgeline would be one-story in height and all homes would have varying roof lines. Homes are setback from the top of manufactured slopes from a range of 17 to SO feet. That no development or grading will occur in those portions of the property which are -undevelopable pursuant to the provisions of Section 21.53.230 of this code 27 PC RESO NO. 3558 2 28 l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. 5. because all undevelopable areas have been identified and no development or grading would occur in the areas containing 25 to 45%+ slopes. The project contains no wetland areas, riparian or woodland habitats, floodways, major power transmission easements, beaches, or permanent bodies of water. That the project design and lot configuration minimizes disturbance of hillside lands because the proposed grading would create building pads that are terraced for views and step down the slope. A majority of the local streets and manufactured slopes are curving and are aligned to follow the north/south trending contours. The street alignments and curving land form graded slopes would reduce visual impacts created by the grading and help simulate the natural slope conditions. The project is consistent with all City public facility policies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 6. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 7. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. 8. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified District. 9. • Par~-in-lieu fees are required as a condition of approval. 10. All necessary public improvements have been provided or will be required as conditions of approval. 11. The applicant has agreed and is required by the inclusion of an appropriate . condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. 27 PC RESO NO. 3558 3 28 l 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 Conditions: 2. 3. All conditions of approval for CT 91-12 as contained in Planning Commission Resolution No. 3556 are applicable to this approval and incorporated through this reference. Approval for HOP 91-25, as shown on Exhibits "A" -"00", dated November 17, 1993, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibits. Any proposed grading and/ or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this permit. Approval of HDP 91-25 is subject to approval of CT 91-12 and SDP 91-11. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. HOLZMILLER PLANNING DIRECTOR BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION 27 PC RESO NO. 3558 4 28 PALOMAR AIPORT RD MARINERS POINT City If Cartaad CT 91-12/SDP 91-11/ HOP 91-25 City of Carlsbad _. :;; e ; , ; , ; ; , t• , • 14 . s ta ; , , t 4 , , • DISCLOSL'RE STATEMENT :.:::;:LiC~NT'S S~A7E\•E ....... -:;F :1sc:.osui:.e OF CERTAIN OWNERSHIP 1NTEFlESTS ON Al.I. AP?I.JCA'l'IONS WHICH NII.I. =ec1..-=E :.5c;:;E7,C/\,;.;:;y AC7:o. :::-. -;.-.e ;:>A;;T' OF Tl-<E C:-N CCI..NCIL. OR ANY AP?OINTEO 8CAAO COMMISSION OFI CCMMtr"EE Pease Pnnt) T~e ~o::cwing information must be disclosed: I '. Applicant '....ist the r.,ames an9 adcresses of all persons having a financial interest in the application. Brama,ea Cal1forn1a, Inc. One Park Plaza, Suite 1100 Irvine, CA 92714 2. Owner Lst the names and addresses of all persons having any ownership interest in the property involved. Bramalea California, Inc. One Park Plaza, Suite 1100 Irvine, CA 92714 J. If any person identified pursu }-at>o • a corporation or partnership, list the names ar.c addresses of all i • • uals owning more than 10% of the shares • the corporation or owning any partnersr.:c interest in the p£rti~~~----=------------ B rama 1 ea Limited One Queen Street East, Suite 2300 Toronto, Ontario Canada MSC-249 4. If any person identffled pursuant to (1) or (2) above is a non-profit organization or a trust. list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A FRM00013 8/90 2075 Las Palmas Orive • Carl~bad, California 92009-4859 • (619) 438-1161 Disclosure Statement Page 2 Have you had more than S250 worth of business transacted with any member of City statf 3:::a::5 Cor::m.ss,ons. C:::r,Hr,::-:ees and Council within tr,e past l'Ne!ve months? Yes_ No _x_ lf yes. please ndicate perscn(s) ______________________ _ O~·scn ,s :::ei,red u: 'Any ,nciv•dual. firm. ccca~rersh,o. ,o,nt vertura. uaoc11t1on. social club. frattrnal organ,z111on. cor0cra1,or, esta:a :r.s: ·ece,.er. synd,cate, th11 and any oti"ar cour-ry. c:ty and county crry munIcIp11rry. c,,troc:t or otner ~•rtIcat ■uoo,v,a,on or any otrer ;ro~c :r comi::,r.at:on acting u a ... nrt. • ~ignaryr6 ot Owner:date ck Reimer, Vice ,wveITTber 25, 1991 Bramalea California, Inc. Print or type name of owner FRM00013 8/90 President /Signature of a licant/date Jack ,/ November 25, 1991 Bramalea California, Inc. Print or type name of applicant Reimer, Vice Presider:· CITY OF CARLSBAD GROwrn MANAGEMENT PROGRAM LOCAL FAQUTIES IMPACT'S ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Mariners Point -CT 91-12/SDP 91-11/HDP 91-25 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RM/RLM ZONING:RD-M-O/R-1-10,000-O DEVELOPER'S NAME: Bramalea California Inc. ADDRESS: 100 Bayview Circle, Suite 2000. Newport Beach, CA 92660 PHONE NO: (714) 509-4600 ASSESSOR'S PARCEL NO: ..::2::..:::1...,_4_.-1'--'4=0-....::0~8 ________ _ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): ~6=8....._A=c=re=s/'-"3=6=2...a:U:..:..N.:.:.IT=S"'------- ESTIMATED COMPLETION DATE: N A A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Library: Demand in Square Footage = Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Drainage: Demand in Acreage = Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Open Space: Schools: Served by Fire Station No. = Acreage Provided - (Demands to be determined by staff) Sewer: Demand in EDUs - Identify Sub Basin - (Identify trunk line(s) impacted on site plan) Water: Demand in GPO - 1262 673 362 2.52 NIA NIA 2962 NO. 4 10.1 CUSD 362 NIA 72,640 The project .is 3.4 units below the Growth Management Dwelling unit allowance. JG:lh BACKGROUND DATA SHEET CASE NO: CT 91-12/SDP 91-11/HDP 91-25 CASE NAME: Mariners Point APPLICANT: • Bramalea California Inc. REQUEST AND LOCATION: 186 single-family homes and 176 apartment units LEGAL DESCRIPTION: Southeast Quarter of Section 21, Township 12 south. Range 4 west San Bernardino Meridian. in the County of San Diego. State of California. according to the official plat. APN: 214-140-08 Acres 68 Proposed No. of Lots/Units 187 Lots & 176 Units GENERAL PLAN AND ZONING Land Use Designation Residential Medium and Residential Medium Low Density Allowed 3.2 & 6 Dus/Acre Density Proposed -"5'""'".4...__ Existing Zone RD-M-O & R-1-10.000-O Proposed Zone __ N....,_./ __ A~--- Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site RD-M-0 & R-1-10.000-O Vacant North RD-M-O & R-1-10.000-O Vacant South RD-M Multi-family East LC Agricultural West PC Vacant PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) -=3...._6 __ 2"""'E __ D _____ U ______________ _ Public Facilities Fee Agreement, dated -=N"""'"'o~v'--=e=m=b--e __ r __ 2=6 ...... ....,1""""99.._1"'-------------- ENVIRONMENTAL IMPACT ASSESSMENT __ Negative Declaration, issued _____________________ _ Certified Environmental Impac~ Report, dated November 9, 1993 (Final EIR 90-03) Other,------------------------------~ JG:lh MARINERS POINT SITE PLAN I ,.,:. 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' • ' I . • Ii • I I' I :~ ; • t : I : ' • ~ L ; o/Jinsakcr- ssociat~ ... .,... .•. ------,.,.,., __ _ _,,._.CANUi (U,J ,,._._ • 11U :.nJ Uf -, ,.,.. ...... ,,,,. .... ,,.,.. ........ \,._,I BRAMALEA CALIFORNIA, INC. CERTIFICATE OF INCUMBENCX I, Bruce J. Varker, Assistant Secretary of Bramalea California, Inc., hereby certifies that the follov,ing persons have been duly elected and/or appointed to the position(s) set opposite their respective names and further certify that said elections and/or appointments are in full force and effect. DIRECTOR Peter B. Perrin OFFICERS Peter B. Perrin Bruce J. Varker Bruce Abbey Tim McGinnis Stewart D. Davidson Robert B. Farrell Jack Reimer Michael F. Wintemute Charles Si.moo • President -Executive Vice-President, Finance and Administration and Assistant Secretary -Senior Vice-President -Senior Vice-President -Vice-President and Treasurer (Chief Financial Officer) -Vice-President -Vice-President, Land Development -Vice-President and Corporate Controller -Secretary AUTHORIZED SIGNING OFFICERS Randall J. Tipping Pegi DiRienzo David Meadows David Lopez -Authorized Signing Officer • can execute and deliver all tax returns and related documents together with an Officer -Authorized Signing Officer -can execute and deliver all documents together with an Authorized Signing Officer or above • Authorized Signing Officer • can e~cute and deliver all documents together with an Officer of Director • Authorized Signing Officer -can execute and deliver all documents together with an Authorized Signing Officer or above IN WITNESS WHEREOF I have hereunto signed my name and affixed the corporate seal of Bramalea California, Inc. 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