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
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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)
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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:
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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.
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5.
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8.
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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-
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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.
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General Planning Conditions:
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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-
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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-
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J.
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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,
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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-
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29. This project shall comply with the requirements of the Zone 20 Specific Plan (SP
l 203).
2 Affordable Housing Conditions:
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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:
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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-
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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.
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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:
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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
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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
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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
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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-
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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
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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-
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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-
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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
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conditions and requirements the City Engineer may impose with regards to the
hauling operation. · .
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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
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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.
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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.
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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."
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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.
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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.
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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:
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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.
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3.
B)
c. Install fire hydrants and gate valves per attached District
approved map.
OFFSITE CONDffiONS:
a.
b.
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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".
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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:
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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
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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.
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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.
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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
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7.
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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:
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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 .
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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
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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
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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
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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)
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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:
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Findings:
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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
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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
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7
8
9
10
11
12
13
14
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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
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\,._,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.
DATED this
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