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Home My WebLink AboutCT 05-12; Ocean Street Residences; Tentative Map (CT) (2)• • UNANIMOUS WRITIEN CONSENT IN LIEU OF MEETING OF THE MEMBERS OF 2303 INVESTORS GP, LLC The undersigned, being the Members of 2303 Investors GP, LLC, a California limited liability company ("Company''), acting pursuant to the provisions of Section 17104{i) of the California Corporations Code and the Operating Agreement of the Company, do hereby adopt the following resolutions: WHEREAS, the Company is the general partner of 2303 Investors L.P., a California limited partnership (the "Partnership"); WHEREAS, the Members wish to authorize Timothy W. Clark, the sole Manager of the Company to execute and deliver any and all commitments, notes, mortgages, deeds of trust, deeds to secure debt, security agreements, assignments ofleases and rents, loan agreements, pledges or assignments of any other collateral, indemnities, certificates, affidavits, financing statements, applications, leases, options, notices and other instruments, agreements or certificates of any kind or nature whatsoever, documents on behalf of the Company or the Partnership; NOW THEREFORE BE IT RESOLVED, that the Manager of the Company is hereby authorized to execute in the name of and on behalf of the Company in its capacity as general partner of the Partnership, and to deliver any and all commitments, notes, mortgages, deeds of trust, deeds to secure debt, security agreements, assignments of leases and rents, loan agreements, pledges or assignments of any other collateral, indemnities, certificates, affidavits, financing statements, applications, leases, options, notices and other instruments, agreements or certificates of any kind or nature whatsoever, and to take from time to time any other actions which such Manager shall in his or her discretion determine to be necessary or appropriate to effect the transactions contemplated by any such document or instrument, whether upon the terms and conditions set forth in such documents and instruments or upon such other terms and conditions as such Manager shall in his discretion determine to be appropriate, and the execution and delivery of any document or instrument by such officer shall constitute conclusive evidence that the terms and conditions contained in said documents or instruments have been determined to be appropriate by such Manager on behalf of the Company in its capacity as general partner of the Partnership; RESOLVED FURTHER, that any and all actions authorized pursuant to these resolutions taken by any Manager of the Company (and any person acting on behalf or under the direction of such Manager) in connection with any of the transactions described herein and all transactions related to the thereto, whether prior to or subsequent to the passage of these resolutions are hereby approved, ratified and confirmed in all respects; and any and all actions hereafter taken or to be taken by any such Manager in furtherance of the objectives of any or all of the foregoing resolutions are hereby authorized, approved and ratified in all respects. C:\Documents and Settings\Administrator\Local Settings\Temp<f'Bly Internet Files\OLK3C\#2077218.doc -------------------------·. • • 1hese Resolutions may be executed in counterparts and delivered by facsimile or electronic transmission and shall be effective for all purposes as of June~ 2005. ompany y W. Clark, Manager -=11 w. Clark :.. C:\DocUments and SettingsiAdministratot\Local Settings\Tetnp<j!Ory Internet Files\OLK30#2077218.doc • • UNANIMOUS WRIITEN CONSENT IN LIEU OF MEETING OF THE MEMBERS OF 2303 HOLDING INVESTOR, LLC The undersigned, being the sole Member of 2303 Holding Investor, LLC, a California limited liability company ("Company"), acting pursuant to the provisions of Section 171 04(i) of the California Corporations Code and the Operating Agreement of the Company, does hereby adopt the following resolutions: WHEREAS, the Company is a limited partner of 2303 Investor L.P., a California limited partnership (the "Partnership") WHEREAS, 2303 Investors GP, LLC, a California limited liability company (the "GP") is the general partner of the Partnership; WHEREAS, the Member wishes to authorize Timothy W. Clark, the sole Manager of the GP ("Manager'') to execute and deliver any and all commitments, notes, mortgages, deeds of trust, deeds to secure debt, security agreements, assignments ofleases and rents, loan agreements, pledges or assignments. of any other collateral, indemnities, certificates, affidavits, financing statements, applications, leases, options, notices and other instruments, agreements or certificates of any kind or nature whatsoever, documents on behalf of the Company or the Partnership; NOW THEREFORE BE IT RESOLVED, that the Manager of the GP is hereby authorized to execute in the name of and on behalf of the Company in its capacity as limited partner of the Partnership, and to deliver any and all commitments, notes, mortgages, deeds of trust, deeds to secure debt, security agreements, assignments of leases and rents, loan agreements, pledges or assignments of any other collateral, indemnities, certificates, affidavits, financing statements, applications, leases, options, notices and other instruments, agreements or certificates of any kind or nature whatsoever, and to take from time to time any other actions which such Manager shall in his or her discretion determine to be necessary or appropriate to effect the transactions contemplated by any such document or instrument, whether upon the terms and conditions set forth in such documents and instruments or upon such other terms and conditions as such Manager shall in his discretion determine to be appropriate, and the execution and delivery of any document or instrument by such officer shall constitute conclusive evidence that the terms and conditions contained in said documents or instruments have been determined to be appropriate by such Manager on behalf of the Company in its capacity as limited partner of the Partnership; RESOLVED FURTHER, that any and all actions authorized pursuant to these resolutions taken by any Manager of the GP (and any person acting on behalf or under the direction of such Manager) in connection with any of the transactions described herein and all transactions related to the thereto, whether prior to or subsequent to the passage of these resolutions are hereby C:\Documents and Settings\Administrator\Local Settings\TemJ><talY Internet Files\OLK3C\#2077222.doo • • approved, ratified and confirmed in all respects; and any and all actions hereafter taken or to be taken by any such Manager in furtherance of the objectives of any or all of the foregoing resolutions are hereby authorized, approved and ratified in all respects. These Resolutions may be executed in counterparts and delivered by facsimile or electronic transmission and shall be effective for all purposes as of June _J 2005. WINTERHEART INVESTMENTS, LLC, a Delaware limited · · 'ty company y W. Clark, Manager C:\Documents and Settings\Administrator\Local Settings\TemJX!arY Internet Files\OLK3C\#2077222.doe • • UNANIMOUS WRITTEN CONSENT IN LIEU OF MEETING OF THE PARTNERS OF 2303 INVESTORS, L.P. The undersigned, being all of the Partners of 2303 Investors, L.P., a California limited partnership ("Partnership"), acting pursuant to the provisions of Section 15637(g) of the California Corporations Code and the Partnership Agreement of the Partnership, does hereby adopt the following resolutions: WHEREAS, 2303 Investors GP, LLC, a California limited liability company (the "GP") is the general partner of the Partnership; WHEREAS, the Partners wish to authorize Timothy W. Clark, the sole Manager of the GP ("Manager'') to execute and deliver any and all commitments, notes, mortgages, deeds of trust, deeds to secure debt, security agreements, assignments ofleases and rents, loan a~ents, pledges or assignments of any other collateral, indemnities, certificates, affidavits, financing statements, applications, leases, options, notices and other instruments, agreements or certificates of any kind or nature whatsoever, documents on behalf of the Partnership; NOW THEREFORE BE IT RESOLVED, that the Manager of the GP is hereby authorized to execute in the name of and on behalf of the Company in its capacity as general partner of the Partnership, and to deliver any and all commitments, notes, mortgages, deeds of trust, deeds to secure debt, security agreements, assignments of leases and rents, loan agreements, pledges or assignments of any other collateral, indemnities, certificates, affidavits, financing statements, applications, leases, options, notices and other instruments, agreements or certificates of any kind or nature whatsoever, and to take from time to time any other actions which such Manager shall in his or her discretion determine to be necessary or appropriate to effect the transactions contemplated by any such document or instrument, whether upon the terms and conditions set forth in such documents and instruments or upon such other terms and conditions as such Manager shall in his discretion determine to be appropriate, and the execution and delivery of any document or instrument by such officer shall constitute conclusive evidence that the terms and conditions contained in said documents or instruments have been determined to be appropriate by such Manager on behalf of the GP in its capacity as general partner of the Partnership; RESOLVED FURTHER, that any and all actions authorized pursuant to these resolutions taken by any Manager of the GP (and any person acting on behalf or under the direction of such Manager) in connection with any of the transactions described herein and all transactions related to the thereto, whether prior to or subsequent to the passage of these resolutions are hereby approved, ratified and confirmed in all respects; and any and all actions hereafter taken or to be taken by any such Manager in furtherance of the objectives of any or all of the foregoing resolutions are hereby authorized, approved and ratified in all respects. 1900980.1 1 • • These Resolutions may be executed in counterparts and delivered by facsimile or electronic transmission and shall be effective for all purposes as of June_, 2005. 1900980.1 General Partner: 2303 INVESTORS GP, LLC, a Califo ·a limited liability company By: Limited Partners: 2303 HOLDINGS INVESTOR, LLC, a California limited liability company . By: WINTERHEART INVESTMENTS, LLC, a Delaware limited liability company, * J ~~-By: .._z T~1W. Clark, Manager WINTERHEART INVESTMENTS, LLC, a Delaware limited liability company By. Jtw~-.: 2 . ..: HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): · ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:23031nvestors, L.P., a California Limited Parternship Name:23031nvestors, L.P., a California Limited Parternship Address: 1020 Prospect Street. Ste 314 La Jolla. CA 92037 Phone Number: (760) 929-2701 Address of Site: 2303 Ocean Street Address: 1020 Prospect Street. Ste 314 La Jolla CA 92037 Phone Number: (760\ 929-2701 Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:...;2::..:0c::3....:-0:..:.1 ::..0-..:..12=..;::;.&.=2::..;03:....-::..01'-"0--1'-"5 ___________ _ Specify list(s}:_.lli.!:AL-_________________________ _ Regulatory Identification Number:_...!N=A-------------------- Date ofList:_·.!.lN"-'A'------------------------------ Please see attached sheet Please see attached sheet Applicant Signature/Date Property Owner Signature/Date A~IHizWutc 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602·8559 (i ------------------------~~-~----------··- • 2303 Investors L.P., a California limited partnership By: 2303 Investors GP, LLC, a California limited liability company, Its General Partner By3l < • • • STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e. Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you wish not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. ::::::> ___. ? 23031nvestors L.P., a California limited partnership By: 23031nvestors GP, LLC, a California limited liability company, Its General Partner Name (Print) FRM0037 2/96 Date Relationship to Application (Property Owner-Agent) 2303 INVESTORS, L.P. OCEAN STREET RESIDENCES CARLSBAD, CA --~ --~-----------------, .~ • •• City of Encinitas City of -.Vista :city of San •• ~ NORTH Not to SCIIt VICINITY MAP 1\ )ACK HENlllORN & ASSOCIATES • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11101 illlllllllllllll 1111111111~ II Applicant: 2303 INVESTORS L P Description Amount CDP05028 .00 2303 OCEAN ST CBAD Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0063804 Transaction ID: R0063804 Transaction Date: 04/13/2007 Pay Type Method Description Amount Payment Check 42.50 Transaction Amount: .00 .• • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111m1111111111H Applicant: 2303 INVESTORS L P Description Amount CT050012 170.56 2303 OCEAN ST CBAD Receipt Number: R0068533 Transaction ID: R0068533 Transaction Date: 01/31/2008 Pay Type Method Description Amount Payment Check 170.56 Transaction Amount: 170.56 ; City uf L'arlsLuc_i Fi:!i'aday r.enter, ~=Cli"Ci'ja·, ~~ashic~ ' .8 G803101-! ~Jli,l 7::, .,.-,i PlRMlfS PERMI ·~ i·rans/RC~·t#· ::<~n:;n~:r, :iET #: C1U5UU!L Check ( L il~ # ~JU2h.j.+; iotal Recei.e:l: Have a n i cr; Ud~. ' I t I /I:. ::,t, $ . ,j. ~5 I • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Receipt Applicant: 2303 INVESTORS L P Set Id: S000001824 Description CDP05028 CP050011 CT050012 HDP05007 Receipt Number: R0050542 Total: Transaction Date: 06/10/2005 Pay Type Method Description Amount 2,010.00 6,325.00 9,785.00 1,425.00 19,545.00 Transaction ID: T000058487 Amount Payment Check 458 19,545.00 Transaction Amount: 19,545.00 0354 06,/10 ..... '05 0002 ·J1. • PLEASE NOTE: • · Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the co ti tter. Applicant Signature: Staff Signature: Date: &,. ~ /t.J-oS • To be stapled with receipt to the application • Copy tor file Form 20 CHICAGO TITLE COMPANY PRELIMINARY REPORT Reference: 2303 OCEAN, CARLSBAD Regarding: 2303·27 OCEAN ST CARLSBAD, CA FOURTH AMENDED Dated as of: May 6, 2005 at 7:30AM Order No.: 43010750. U13 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westemdivision.ctt.com Title Department: IQ\. ----------~ CHICAGO TITLE COMPANY 2365 NORTHSIDE DRIVE #500 SAN DIEGO, CA 92108 (619)544·6231 fax: (619)544·6275 Michael Brady TITLE OFFICER .WP --08/05/99blt ' SCHEDULE A Order No: 43010750 U13 Your Ref: 2303 OCEAN , CARLSBAD I. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: 2303 INVESTORS, L.P., A CALIFORNIA LIMITED PARTNERSHIP 3. The land referred to In this report is situated in the State of California, County of SAN D I EGO and is described as follows: SEE ATTACHED DESCRIPTION PREA ·10/31/97bk Page 1 OrderNo. 43010750 DESCRIPTION (ASSESSOR'S PARCEL NO. 203-010-12 AND 203-010-15) THAT PORTION OF LOT "A" OF GRANVILLE PARK UNIT NO. 2 ACCORDING TO IIAP THEREOF NO. 2037 AND THAT PORTION OF LAGUNA DRIVE OF GRANVILLE PARK ADJACENT THERETO (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY 19, 1963 AS DOCUMENT NO. 126793, RECORDS OF SAN DIEGO COUNTY CALIFORNIA) ACCORDING TO IIAP THEREOF NO. 1782 -ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 57"36'45" EAST (RECORD NORTH 58"14'45" EAST PER SAID MAP NO. 1782); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24"03'40", A DISTANCE OF 27.30 FEET TO THE TRUE PO I NT OF BEGINNING, A RADIAL THROUGH SAID PO I NT OF BEGINNING BEARS NORTH 33"33'05" EAST; THENCE NORTH 12"03'11" WEST, 35.99 FEET TO A POINT OF COMPOUND CURVATURE IN THE EASTERLY LINE OF SAID LAGUNA DRIVE (VACATED), AS SHOWN ON SAID IIAP NO. 1782, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 70"36'12" WEST (RECORD SOUTH 71"14'12" WEST PER SAID MAP NO. 1782) SAID POINT ALSO BEING AN ANGLE POINT IN THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO R.B.J. ENTERPRISES RECORDED JANUARY 4, 1965 AS FILE/PAGE NO. 124 OF OFFICIAL RECORDS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, HEREINAFTER REFERRED TO AS DEED NO. 1; THENCE TANGENT TO LAST SAID RADIAL LINE, AND ALONG THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO R.B.J. ENTERPRISES, NORTH 19"23'48" WEST (RECORD NORTH 18"45'48" WEST PER SAID DEED NO. 1), 31.96 FEET; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO R.B.J. ENTERPRISES, NORTH 10"25'27" WEST, 57.71 FEET, THENCE NORTH 38"27'47" WEST, 27.55 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO R.B.J. ENTERPRISES, WHICH BEARS NORTH 19"23'48" WEST (RECORD NORTH 18"45'48" WEST PER SAID DEED NO. 1) ALONG SAID NORTHEASTERLY LINE OF LAND CONVEYED TO R.B.J. ENTERPRISES, 115.00 FEET FROM AFORESAID POINT OF COMPOUND CURVATURE; THENCE NORTH 19"23'48" WEST (RECORD NORTH 18"45'48" WEST PER SAID DEED NO. 1) ALONG THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO R.8.J. ENTERPRISES, 50.00 FEET TO THE NORTHEASTERLY CORNER THEREOF; THENCE SOUTH 85"37'50" WEST (RECORD SOUTH 86"15'50" WEST PER DEED NO. 1.) ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED TO R.B.J. ENTERPRISES, A DISTANCE OF 560.04 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 32"59'40" EAST (RECORD SOUTH 32"21 '40" EAST PER DEED NO. 1) ALONG THE SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO R.B.J. ENTERPRISES, A DISTANCE OF 315.00 FEET TO A POINT ON THE NORTHERLY LINE OF OCEAN STREET (FORMERLY LAGUNA DRIVE AS SHOWN ON SAID IIAP NO. 2037 AND NO. 1782), SAID POINT BEING IN A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 0'30'20" EAST (RECORD NORTH 1'08'20" EAST PER SAID DEED NO. 1) SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID LAND CONVEYED TO R.B.J. ENTEPRISES; THENCE EASTERLY ALONG THE ARC OF LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 4"31'25", A DISTANCE OF 15.00 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 587.95 FEET; THENCE EASTERLY ALONG THE ARC OF LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 22'19'55", A DISTANCE OF 229.16 FEET; THENCE TANGENT TO LAST SAID CURVE NORTH 72"41 '50" EAST (RECORD NORTH 73'19' 50" EAST PER SAID DEED NO. 1), A DISTANCE OF 25.33 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 183.88 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 37'06'20", A DISTANCE OF 119.08 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 65.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF LAST Page 2 DESCRIPTION OrderNo. 43010750 SAID CURVE, THROUGH A CENTRAL ANGLE OF 87.57'35", A DISTANCE OF 99.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE PRECEDING FIVE (5) COURSES ARE ALONG THE NORTHERLY LINE OF OCEAN STREET (PREVIOUSLY LAGUNA DRIVE PER MAPS NO. 2037 AND NO. 1782) AND ALSO ALONG THE SOUTHERLY AND SOUTHEASTERLY LINE OF SAID LAND CONVEYED TO R.8.J. ENTERPRISES. THE FOREGOING DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 4, 1975 AS FILE/PAG NO. 75-342059, OFFICIAL RECORDS. SCHEDULE B Page I OrderNo: 43010750 U13 YourRef: 2303 OCEAN, CARLSBAD At the dale hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form des~ted on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2005-2006 THAT ARE A LIEN NOT YET DUE. 1A. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2004-2005. 1ST I NSTALLMENT: 2ND INSTALLMENT: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $35,981.64 (PAID) $35,981.64 (PAID) $NOT SHOWN 09000 203-010-12 PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2004-2005. 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $42.40 (PAID) $42.40 (PAID) $NOT SHOWN 09000 203-010-15 e 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE ANO TAXATION CODE OF THE STATE OF CALIFORNIA. 2A. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED LAND LYING WITHIN OCEAN STREET. c 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY POLES, WIRES IN BOOK 853, PAGE 312 OF DEEDS A PORTION OF THE LAND HEREIN DESCRIBED o 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PRES -~0/31/97bk Page 2 SCHEDULE B (continued) Order No: 43010750 U13 YourRef: 2303 OCEAN, CARLSBAD GRANTED TO: PURPOSE: RECORDED: AFFECTS: THE CITY OF CARLSBAD ERECTING, CONSTRUCTING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING, AND OPERATING WATER SYSTEM, EXCAVATION AND/OR EMBANKMENT FACILITIES AND APPURTENANCES THERETO MAY 19, 1964 AS FILE NO. 89987 AND 89988 OF OFFICIAL RECORDS A PORTION OF THE LAND HEREIN DESCRIBED E 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY POLES, WI RES APRIL 6, 1966 AS FILE NO. 57573 OF OR A PORTION OF THE LAND HEREIN DESCRIBED r 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: . PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY GAS PIPE LINES APRIL 6, 1966 AS FILE NO. 57592 OF OFFICIAL RECORDS A PORTION OF THE LAND HEREIN DESCRIBED G 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY POLES, WI RES DECEMBER 30, 1966 AS FILE NO. 202021 OF OFFICIAL RECORDS A PORTION OF THE LAND HEREIN DESCRIBED H 8. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JANUARY 16, 1973 ARMY AND NAVY ACADEMY AND THE CITY OF CARLSBAD JANUARY 31, 1973 AS FILE NO. 73-027460 OF OFFICIAL RECORDS FUTURE IMPROVEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS PREUMBC9/23/93bi' Page 3 SCHEDULE B (continued) OrderNo: 43010750 U13 YourRef: 2303 OCEAN, CARLSBAD SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY COMMUNICATION FACILITIES AND APPURTENANCES OCTOBER 1B, 1984 AS FILE NO. 84-393855 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. J 10. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JANUARY 11 , 1995 DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND RBJ ENTERPRISES DECEMBER 8, 1994 AS FILE NO. 1994-0702968 OF OFFICIAL RECORDS CABLE TELEVISION BULK BILLING AGREEMENT AND GRANT OF EASEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. K 11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN NUMBER: $6,955,000.00 OCTOBER 10, 2003 2303 INVESTORS, L.P., A CALIFORNIA LIMITED PARTNERSHIP FREMONT GENERAL CREDIT CORPORATION, A CALIFORNIA CORPORATION FREMONT INVESTMENT & LOAN, A CALIFORNIA INDUSTRIAL BANK OCTOBER 15, 2003 AS FILE NO. 2003-1265919, OFFICIAL RECORDS 950114539 L NO ASSURANCE IS MADE AS TO THE PRIORITY EXISTING BETWEEN SAID DEED OF TRUST AND THE DEED OF TRUST (OR DEEDS OF TRUST) RECORDED CONCURRENTLY THEREWITH. u 12. AN ASSIGNMENT OF ALL MONIES DUE, OR TO BECOME DUE AS RENT OR OTHERWISE FROM PREUMBCf/Z3193bk SAID LAND, AS WELL AS THE LESSOR'S INTERESTS UNDER THE LEASES REFERRED TO THEREIN, TO SECURE PAYMENT OF AN INDEBTEDNESS, SHOWN BELOW AND UPON THE TERMS AND CONDITIONS THEREIN. AMOUNT: $NOT SHOWN ASSIGNED TO: FREMONT INVESTMENT & LOAN, A CALIFORNIA INDUSTRIAL Page 4 SCHEDULE B (continued) OrderNo: 43010750 U13 YourRef: 2303 OCEAN, CARLSBAD BY: RECORDED: BANK 2303 INVESTORS, L.P., A CALIFORNIA LIMITED PARTNERSHIP OCTOBER 15, 2003 AS FILE NO. 2003-1265920, OFFICIAL RECORDS N 13. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN NUMBER: $400,000.00 OCTOBER 10, 2003 2303 INVESTORS, L.P., A CALIFORNIA LIMITED PARTNERSHIP FREMONT GENERAL CREDIT CORPORATION, A CALIFORNIA CORPORATION FREMONT INVESTMENT & LOAN, A CALIFORNIA INDUSTRIAL BANK OCTOBER 15, 2003 AS FILE NO. 2003-1265921, OFFICIAL RECORDS 950114545 o NO ASSURANCE IS MADE AS TO THE PRIORITY EXISTING BETWEEN SAID DEED OF TRUST AND THE DEED OF TRUST (OR DEEDS OF TRUST) RECORDED CONCURRENTLY THEREWITH. Q AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS lHEREIN PROVIDED EXECUTED BY: RECORDED: 2303 INVESTORS, L.P., A CALIFORNIA LIMITED PARTNERSHIP; TIMOTHY W. CLARK, AN INDIVIDUAL AND FREMONT INVESTMENT & LOAN, A CALIFORNIA INDUSTRIAL BANK APRIL 20, 2004, AS DOCUMENT NO. 2004-0341228, OFFICIAL RECORDS P 14. AN ASSIGNMENT OF ALL MONIES DUE, OR TO BECOME DUE AS RENT OR OTHERWISE FROM PREUMBC9/23/93bk SAID LAND, AS WELL AS THE LESSOR'S INTERESTS UNDER THE LEASES REFERRED TO lHEREIN, TO SECURE PAYMENT OF AN INDEBTEDNESS, SHOWN BELOW AND UPON THE lERMS AND CONDITIONS THEREIN. AMOUNT: ASSIGNED TO: BY: RECORDED: $NOT SHOWN FREMONT INVESTMENT & LOAN, A CALIFORNIA INDUSTRIAL BANK 2303 INVESTORS, L.P., A CALIFORNIA LIMITED PARTNERSHIP OCTOBER 15, 2003 AS FILE NO. 2003-1265922, OFFICIAL RECORDS Page 5 ------------------------------------------- SCHEDULE B (continued) Order No: 43010750 U13 YourRef: 2303 OCEAN, CARLSBAD R 15. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND. MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN. s 16. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. r END OF SCHEDULE B u NOTE NO. 1: YOUR OPEN ORDER REQUEST INDICATES THAT A LIMITED LIABILITY COMPANY WILL BE ACQUIRING, ENCUMBERING OR CONVEYING REAL PROPERTY IN YOUR TRANSACT I ON. UNDER THE PROVISIONS OF "THE CALl FORNI A Ll M I TED Ll AB ILl TV ACT, EFFECTIVE SEPTEMBER 30, 1994" THE FOLLOWING WILL BE REQUIRED: 1. A COPY OF THE ARTICLES OF ORGANIZATION (AND ALL AMENDMENTS, IF ANY) THAT HAS BEEN FILED WITH THE SECRETARY OF STATE. 2. THE REQUIREMENT THAT THIS COMPANY BE PROVIDED WITH A COPY OF THE OPERATING AGREEMENT. THE COPY PROVIDED MUST BE CERTIFIED BY THE APPROPRIATE MANAGER OR MEMBER THAT IT IS A COPY OF THE CURRENT OPERATING AGREEMENT. 3. IF THE LIMITED LIABILITY COMPANY IS MEMBER-MANAGED THEN THIS COMPANY MUST BE PROVIDED WITH A CURRENT LIST OF THE MEMBER NAMES. 2303 INVESTORS, L.P., A CALIFORNIA LIMITED PARTNERSHIP v AS PRELNBC-9/23/93bk 1AMEND/JP 2AMEND/CT 3AMEND/CT 4AMEND/CT Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November I, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to deterntine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. AGN --1112Z/04 AA Attached to Order No. 043010750 CLTA PRELIMINARY REPORT FORM Exhibit A (Revised 01 /04/02) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costS, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pan; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement there of or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. (b) Any governmental police power not excluded by (a) above, exceptio the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens. encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resuHing in loss or damage which would not have been sustained if the insured had paid value for the insured mongage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mottgage because of the inability or failure of the insured at Date of PoliCy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mongage, or claim thereof which arises out of the transaction evidenced by the insured mottgage and is based upon usury or any consumer credit protection or truth in lending law. 5. Any claim which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. CLTASCP1 -03/20/0Z AA Attached to Order No. 043010750 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 (Continued) EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART 1 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may resuR in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests. or claims which are not shown by the public records but which could be ascertained by an inspection of the land which or which may be asserted by persons in thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. CLTASCP2-03/20/02 AA Attached to Order No. 043010750 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/96) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: , . Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning a. b. c. d. e. f. building zoning Land use improvements on the Land Land division environmental protection This Exclusion does not apply to violations or the enforcement of these matters ff notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance w~h applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless a. notice of exercising the right appears in the public records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date: c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7 ,S.d. 22, 23, 24 or 25. 5. Failure to pay value for YOUR TiUe. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. CLTAHOP-03/20/02 AA Attached to Order No. 043010750 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addnion to the Exceptions in Schedule 8, you are not insured against loss, costs attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 d Covered Title Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happens prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date -unless they appear in the public records that result in no loss to you that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Al T ARTIP -03/20/02 AA Attached to Order No. 043010750 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (1 0-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) (b) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was part; or (iv) environmental protection, or the effect of any violation of thes laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Data of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resuRing in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness to comply with applicable doing business laws of the state in which the land b situated 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. ALTALPE1 -03/20/02 AA Attached to Order No. 043010750 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (1 0-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE (CONTINUED) 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is baaed on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the doctrine of Oii) equitable subordination; or the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing author~y that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices, of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AL TALPE2-03/20/02 AA Attached to Order No. 04301 07 50 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attorneys fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land ; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (ii)environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resu~ing from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This excl,sion does not lim~ the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resu~ing from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encubrances, adverse claims or other matters: (a) (b) (c) (d) (e) created, suffered, assumed or agreed to by the Insured Claimant; not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; resulting in no loss damage to the Insured Claimant; attaching or created subsequent to Date of Policy (this paragraph does limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22 ,23, 24, 25 and 26); or resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalid~ or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. ALTAERL1 ·· 03/20/0ZAA Attached to Order No. 04301 07 50 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) (Continued) 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This excklsion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) the time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. AL TAERL2 •• 0:.1/Z0/02 AA Attached to Order No. 043010750 AMERICAN LAND TILLE ASSOCIATION OWNER'S POLICY (1 0-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged affecting the land has been recorded in the pubic records at Date of Policy. 2. (b) Any governmental police power not excluded by (a) above, except to the extent notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be biding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) (b) (c) (d) (e) created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; resulting in no loss or damage to the insured claimant; attaching or created subsequent to Data of Policy; or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTAOPL1 -03/20/02AA Attached to Order No. 04301 07 50 AMERICAN LAND TILLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) (Continued) The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Instructions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments an real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AL T AOPL2 -03/20/02 AA ~~ I ; ! i ! -~ i I ~------------......... ~:Au. ro: 75-342059 ·•t:..lr.t.ca Mo.---ac o~ 191TS REC.OI\01i0 R£1lOESf Of City or C~rlsbad 12:JO f1r.1 ;\venue Corls\>od. CA 92JOS l~~Jl.tH.J._. -. .. ! -· -· DEC ~ 12 1.5 PK '1l CERT/i'ICAIE OF CrJMPLIANCE (Sectio•> 66499.35 of t~e Govornmeot Code) The Cit/ En9ineer has determined that the r•?al property described :lelow ~.as been di·Jided or has resulted frcm a divlsio1 in compliance '"it~ the Subo:JJ- vision ."!clp Act .:u~d with the provisions of the Carisb3d Hunicipal Cod!) pur- suant t,~reto. Owt1er!,s1: RSJ Enter"prises Descrtp[ion: (See Exhibit 11A11 attached·} $7.00 Note: Ihe descr:ptlon in Exhibit 11A11 a.ttached has been provided by tre o.,.mcr of the pr<>perty and neither the City of Carlsbad nor any of Its offi- cers or er;'lplayees assume r·esponsibility for the accuracy of said de-script ion. This C.ertificat~ of Compliance shall have no force and effect if the above r~-111~rs or any su~scqucnt tran~feree or assij.nee acqtJirc~; any contiguous pro- perty other thc:.n a lot or _Jots shewn on a recorded subdivision map, pa,.cel mop or recOr"d of s:.trvey map filed pursuant to and prior to the repeal (S.tats. 19:;S, Ch. 15S3j of Section Jl!;7S of the 8usine~s and Pr"ofessior'!i C:ode. This Certificate of Cornpltancc shall in no way affect the requirer.1ents of .:.ny other Count/ St-:~te, or Fede .. al agency that re~ulates developmeC'\t of real property. ?ate: __ ~J 8y1~e~~~ Case Nu. : _ _,1,.0;:,4 ___________ _ Currer.': Assessor;s Parcel No: 2o~ .. oto .. o6 Add res·;:_ 2303 Ocean Street Carlsbad, CA 92008 10-21-15 City of Carlsbad NOTE: Exhlbit 118'', a copy of tt'e approvl.'d adjustmel1t plat, is attached hereto a.fld mc;)de a part hel"eof. .... tn ,. ....... ____________ __ . -: .. - -;~-.n;.+:· ' ' .. ' 11)'70 LOGAL DESCRIPTION ffi.GE 1 OF ~· CERTIFICATE OF COMPLIANCE-CASE NO. 104 fl!AT fOR!'ION OF LO'!' "It" OF GRA/IVJU.Il 1'.\lll( Vln:T 110, :~ ACCORD!$ TO UJ.P l'i~OF ilO. ~C37 A.'~ TF.At I'ORTIO~ OY LAGU!(A JJ!IIIIE OF GRAI«IW fMK ADJACf;/1'!' THER1TO (VACI•'l'£0 sr I<<SOLUfiOK !10. 915 OF 7H:l CITC COI!l<C!L OF TI!S ClTX 0? CAR.LS!.Wl, CALXFORlt!A, IIEtORDEI> JU~Y 19, l;l<;J AS l:OCI.'Hi::n' NO. 12u793, P.ECQli!S OF tAll DIEOO COUJil'Y CJ,J,IFOJII;IA) ACCO~I>llrG TO >!ill' l'X&~!:OP 110. 17t2- t.U. !II Till': <;IT'/ OF CARLSU.1!l, COIJIITY OF 8.111 lllEuO, S'f.\TP. ()F C•\LlFOiliiiA A•m YII.ED 1:1 Til& O!'i'tCE OF ':I[!: roui-ll"f RECORDER OF CAt!) COUN'tt, Y.ORE l'ARTIClJLMLY D~:niBI.!!J A:.; fOLtG~S~ . --~ ·-------............. ~--··-···--····---·--··--d·--········--·-· .. ·-··-···-----···-··--····· CO~IMENCiliY AT A l'I!IIll' Ill THE 1'!1\STE.'U.ll' tilt! 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EIITERPRISES, IIIliCH BBAIIS NORT!Il9'23'118" 11!$1 (f.ECORD NOl!Tll 18'45'48" \IE',r PER SAID DtED ItO. l) AtOI«l SAID NORti!EAB'mlt1 Lli4E OF IJ.!I!l <:OIIVEYE!I fO R.B.J. El«ERPIIISES1 n·;.Cil 7EET FROM AFORESAID RliiiT OF COliPOIIIID CURVAtiJIIE; TUERCE NORTH 1~1'23' 4~" liES~ (1\b'COJID llti~Tll I~ '45 '48" !lEST Pm1 SAil> WI> 110. 1). ALOYO Tlli I!Oli'THJ:A$~ERI.Y tim: <>P SAI» LAlfll CllliVE%T.I> TO R.B.J, EIIT&li'RISES, 50.00 l'!:n TO 'l'I!E IIOR'r!!WITEI!LY CORNER TIIERI!OF; TIIENC& SVllnl 85'37'50" oT.3! (RECORD SOIIrll 8•>'15' 50" 1IEST PER DEED 110, 1) ALOI!< ~liE 90R'r!IERLY t'lllt OF SAlll LAIID CO:rnrz:D TO R.B.J. £.!T.rF.RPHISES, A !IISTAIICI!i OF Seio.ol; FEl\T 70 THI: IIORTlfoi:!STtilloY CORIIER TliEIUlOf'; 'rli131C<: SOVl:'ll 3?.'59'40'' ~>1ST (R!C;)RII SOVI'H 32'21'40'' T.AS~ P!lR DEED 110. l) ~LO:IG THE SO~'!IM:'JT!:.'ili WI! OP' SAJD LAh'O COIIVEI!il TO R.B,J, !IITERPIIISES, A IIIS'.WIC£ OT 315.00 :~I:T tO A l'I!Irlj 0~ fll.l> Nc:!l!ml!LY LI<l!l OF OCENI STREE:r (!'PRm!!LY 'r.MIINA \ll!iV!l A.'l Sl!OWII 1}11 S.UD )IAJ> no. 2037 AlD ')IQ, ·. " 173?), SAID ro!:n' Br.Irro !II A CURW, COIICAVE SOtll'lli:RLY, lt\VI~'C o\ aADI(I;; OF 19().·~ FEET 1 A l<~Dllol t.Hn: THP.'J St,Ib I'OtliT B~RQ JWRnl o•)o•?.O" .F.AET {RECORD tlo:mf t•os• ;!o•· !:l\li'l' rt:n 51\tD D::F~O no. l) ~~·~D __ n>F~ AL&O m:uro Tilt SOUJ1~TDLY CO:RNf.R OF SAID .tAma COtrV'c.~D TU 'fLD~J * EN'l'Elli'R!SF.S; . -· ... ·--. '····· . ····-····. ---· -· . ······· -·---·-----. ·-.. . EXH 18fT ''f..' I .. i ·~ ' . -·~ " . J • '-.} __ ............ ' 1671 PAGE~ OP 2 =K:S !Wl'I'!:RtY ALOOO 'l'llli ARC Ol' LAS'f sm·CIIJIYE,-l'IIRU A CEII!'lW. A!IVLE Ol' 1>']1'25", A l>ISTIJJCE DF 15.00 F£ET TO :tHE BEOINN!NO Ol' A JIEYl!IISE CUR'ffl, COJICAVE HOR!!!Elll.Y, l!AVlOO A. 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MAl'S NO, 2037 A!l» 110, 1782} AW ALSO ALONG TilE S()l!l'KEl!l;Y A!ID ll01lt'I!XI.S?EilLY tillS OF SAlP WID CONVEYED TO R,Jl,J. Ell'l'£RFl!ISES. \ \ E:XHIBJT 'A' •r1 ··~ I .. -:<:!: .. ( l ;.f t~ '"'~ ';<. ~~ ,~ ~ 01 •' I» ~. rfJ I ' -~~ ti i'f ~~ ti ~~t I~-··' () ·-' ~ I ,. t:li I \! . : "' ,_ ~ I .. I )I I .::;~ ~ .:> ~ !:' ((,i,~)~y .... ~ I \..:..~ :~~~ ~ .... •• ~ " ...... . .. _,. " ,. :~lli C) -<) ,:_, ~ I. :~ ·" . ·~· i::O'Ill'li ['•,\ .... : (~ ~ "' ir1 -~ .. lll ;: ..... .::.111 & Ul b.'\ '"'\' !> ·' .~: .. ~ .. w )! ... , /~1 .... · ... · 1\1 I .·.~ I" )> ;•.:; 0 ~} I U1 --wC ,I ~~ ~l IIJ' ------------ I LEG.CNO: ---------------------------------------------~----- . ·---...... ----·· i PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CAUFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the :ounty of San Diego, that the notice of which the :mnexed is a printed copy (set in type not smaller than 1onpariel), has been published in each regular and :!ntire issue of said newspaper and not in any ;upplement thereof on the following dates, to-wit: February 22nc1, 2008 certify (or declare) under penalty of perjury that the )regoing is true and correct. ~ated at SAN MARCOS California his 22nd, day of February, 2008 NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk's Rling Stamp · Publication of ~MYm~~fil-~!f~~feJl~ Tentattve Tract Map, COhdormnium Perm1t, and Coast81 Devek;>pment f'erm1t to de-mohsh an ex1st1ng 50-unit apartment complex and to subdtvkle the 3 05 acre Site and construct 35 resi<lenbal Blr-space condorillntum umts on one HOA tot: and a r~t for a recommendabon of approval for a Site Oevelopn:lent Plan to convert seven (7) market-rate untts to affordable untts wrth1n an ex1sbll!l t O.untt apartment bu11dtng as an alternatiVe to the constructton of new lnctuSIOOIIry Aousmg ur\tts The Oceari Street Residences pr!lfE!CIIs located at 2303 Ocean Street on the north Side of Ocean Street and west of M6unta1n View Dove wrth1n the Mello II Seament of the Local Coastal Program and Local Fae~lrttes Management Zone t and lha Roosevelt Street Resi-denCes protect is located at 3366 Roosevelt Street on tha east Side of Roosevelt Street between Walnut Avenue and Chestnut Avenue. within Local Facilities Management Zone t A Not1ce of Intent to adopt a M1t1gated Negative Declaration (MND) and Mrtigation Mon1toring and Reporting Program-(MMRP) lor the Ocean Street ReSidences project was published 1n the newspaper ami sent to the State Clearinghouse for public agency reVIeW. The project is not located within the appealable area of the California Coastal CommisSion The Planning Dtrector has deterrmned that the Rooseveh Street Residences pr\)jectls categorically exem!;!t from the r!l(lulrement for tha preparation of environmental docu-menrs pursuant to Section t530t -Existing Facilities of the State CEQA Guidelines. FEB 2008 Planning Dec Ct:v c' c~· STATE OF CALIFORNIA ---THE CALIFORNIA COASTAL COMM SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 FAX (619) 767-2384 www.c()astal.ca.gov ON NOTIFICATION OF APPEAL PERIOD DATE: March 25, 2008 TO: Barbara Kennedy, Planner City of Carlsbad, Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 FROM: Toni Ross, Coastal Program Analyst RE: Application No. 6-CII-08-039 Please be advised that on March 24, 2008 our office received notice of local action on the coastal development permit described below: Local Permit#: COP 05-28 Applicant(s): 2303 lnverstors Lp, Attn: Mr. Timothy Clark Description: The demolition of an existing 50-unit apartment complex, the subdivision of the 3.05 acre site, and the construction of 35 residential air-space condominium units. Location: 3203 Ocean St., Carlsbad (San Diego County) (APN(s) 203-010-12, 203- 010-15) Unless an appeal is filed with the Coastal Commission, the action will become final at the end of the Commission appeal period. The appeal period will end at 5:00 PM on April 8, 2008. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above. cc: 2303 lnverstors Lp, Attn: Mr. Timothy Clark Jack Henthorne And Associates £ CALIFORNIA COASTAL COMMISSION ru 1"'-rn U1 rn D D D ::~ i 1 J ·oe F .rrr: H !': It '•18 (E1d0' lntJnl II l r ~d) F.esll• udD•i:l 11 '•Je (E 1do.-•n.,nl fl 1 r ad) ·ruta I'OSta·J•J:tf-urs ,1 Postmark "•"' 3·/·0'E. ru 1'-rn I U1 I rn I CJ C( CJ CJ Ff um fl (Endo1, •Jmor~t " CJ Fle;tl, ru led Dt; 1 <0 (EmiOI~ lffiOilill .-'1 :; .ue ,, "" ,, ··18 " ld) " ·,,. l j .\ld} Postmark Here 11·1'1·0( rr rr ru Lr) ru 1"'-rn Lr) rn D D D F :·um !~ 1 t "•Je (Endo-; lmon1 , l ~ 1 ed) FieSt• tied [J,~ If ~,Je (En do ;.lmon1 'l 1 · ed) Postmark """' II· 1'1·o1 r ILO D rn U1 ru ~~~D I~ L_ IU1 lrn D D :; ~~e r I 'oe 0 F urr. l': 11 ;lEI (Endoo·Jmrrtlr 11 ~d) 0 Regtr r ted [>o 1.1 t 1 'ue ru (Endor ;,Jm• r·t II l r ~d) <0 r'l • Cit of NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT lO COASTAL COMMISSION ON: March 21.2008 Application#: CT 05-12/CP 05-11/CDP 05-28 Case Name: Ocean Street Residences Applicant: Timothy Clark. 2303 Investors. LP Address: 1 020 Prospect Street. Ste 314 La Jolla CA 92037 Phone: (858) 456-0014 Filing Date: ,6/'-'1"'0/"'0"'5 _________ _ Decision Date: ""31t..5!L!I0~8~.-_________ _ Agent (if different): Jack Henthorn and Associates Address: · P. 0. Box 237 Carlsbad CA 92018-0237 Phone: (760) 438-4090 Project Description: Tentative Tract Map. Condominium Permit. and Coastal Development Permit to demolish an existing 50-unit apartment complex and to subdivide the 3.05 acre site and construct 35 residential air-space condominium units on one HOA lot. Project Location: 3203 Ocean Street on the north side of Ocean Street and west of Mountain View Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. (APN 203-010-12 & 15) ACTION: D APPROVED ~ APPROVED WITH CONDITIONS D DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: 0 NOT APPEALABLE TO THE COASTAL COMMISSION. ~ APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (1 0) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: -Staff Report to CCC for appealable COPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review mvst be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ "l STATE OF CALIFORNIA -THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COM SION SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (61 9) 767-2370 FAX (619) 767-2384 www.coastal.ca.gov NOTIFICATION OF DEFICIENT NOTICE DATE: March 11 , 2008 TO: Barbara Kennedy, Planner City of Carlsbad, Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 MAR 2008 FROM: Toni Ross, Coastal Program Analyst RE: Local Permit No. COP 05-28 (Commission File No. 6-CII-08-039) Please be advised of the following deficiency(ies) in the notice of local action we have received for Local Permit No. COP 05-28 pursuant to 14 Cal. Admin. Code Section 13571 or 13332. Applicant(s): 2303 lnverstors Lp, Attn: Mr. Timothy Clark Description: The demolition of an existing 50-unit apartment complex, the subdivision of the 3.05 acre site, and the construction of 35 residential air-space condominium units. Location: 3203 Ocean St., Carlsbad (San Diego County) (APN(s) 203-010-12, 203-010-15) Deficiency noted by check mark below: 1. _ Project description not included or not clear. 2. _Conditions for approval and written findings not included. 3. _ Procedures for appeal of the decision to the Coastal Commission not included. 4. _Notice n~~to those who requested it. ~\Dt_ 5.£ Notice doeiRetl~Mate~local government action i~alable to Coastal Commission. 6. _ Final Local Action Notice not sent by first class mail. 7. _Local appeal period is still pending. As a result of the deficiency(ies) noted above: Post-Certification LCP Permits: _The effective date of the local government action has been suspended, and the 10 working day Commission appeal period will not commence until a sufficient notice of action is received in this office. (14 Cal. Admin. Code Sections 13570, 13572.) Post-Certification LUP Permits: _The effective date of the local government action has been suspended, and the 20 working day Commission appeal period will not commence until a sufficient notice of action is received in this office. (14 Cal. Admin. Code Sections 13570, 13572.) If you have any questions, please contact Toni Ross at the San Diego Coast District office. cc: 2303 lnverstors Lp, Attn: Mr. Timothy Clark FILE COPY ad .;:~.,9·0!S NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, March 5, 2008, to consider a request for the following: CASE NAME: PUBLISH DATE: CT 05-12/CP 05-11/CDP 05-28-Ocean Street Residences & SOP 06-10 -Roosevelt Street Residences February 22, 208 DESCRIPTION: Request for adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of a Tentative Tract Map, Condominium Permit, and Coastal Development Permit to demolish an existing 50-unit apartment complex and to subdivide the 3.05 acre site and construct 35 residential air-space condominium units on one HOA lot; and a request for a recommendation of approval for a Site Development Plan to convert seven (7) market-rate units to affordable units within an existing 1 0-unit apartment building as an alternative to the construction of new lnclusionary Housing units. The Ocean Street Residences project is located at 2303 Ocean Street on the north side of Ocean Street and west of Mountain View Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1 and the Roosevelt Street Residences project is located at 3366 Roosevelt Street on the east side of Roosevelt Street between Walnut Avenue and Chestnut Avenue, within Local Facilities Management Zone 1. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Barbara Kennedy in the Planning Department at (760) 602-4626, Monday through Thursday 7:30a.m. to 5:30p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. a Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i} • SITE MAP • N • NOT TO SCALE Ocean Street Residences CT 05-12 I CP 05-11 I COP 05-28 • SITE MAP • N • NOT TO SCALE Roosevelt Street Residences SOP 06-10 PALOMAR SIGN Co. Palomar Sign Company Comments: 5205 Avenida Encinas, Suite G Csrtsbad, CA 92008 3 I 4' 760.431.0767 Phone X 760.431 .0318 Fax www.palomarslgn.com All d.slgns,lllustratfons. logo's and specifications assocfated with this quote or profect or• the property of Palomar Sfgn Company. Arty use b•yond the soope of this quote or profect, without prior ~ from Palomar Slgn Company, Is forbidden. ' I e • FILE COPY Cit of Carlsbacl'<P·OI ----~~~~--~~~ EARLY PUBLIC NOTICE PROJECT NAME: Ocean Street Residences PROJECT NUMBER: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 This early public notice is to let you know that a development application for a residential project within your neighborhood has been submitted to the City of Carlsbad. The project application is undergoing its initial review by the City. LOCATION: 2303 Ocean Street. PROJECT DESCRIPTION: The project includes the demolition of an existing 50-unit apartment project and construction of a new 35-unit condominium project with underground parking. The affordable housing component for this project is proposed to be satisfied through an off-site "Combined lnclusionary" project located at 3366 Roosevelt Street which would restrict six units as affordable to lower-income households. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Barbara Kennedy, Associate Planner at bkenn@ci.carlsbad.ca.us , 760-602.4626, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. I 1635 Faraday Avenue • Carlsbad, 92008-7314 • (760) 602-4600 • FAX 02-8:559 • www.ci.carlsbad.ca.us @ Ill •• ' • """' ----------- ~, 1 __ 1 ---.... ..: --I'LCIII'---------===--1M --- UTIUTYPIAN SOF7 • • n. ~b-ile CkaG!Shal ~ malnlafns "' .,., rJ lie local CMSful _,._..,~ ... designed ochcnlpasrlo'BJPIII*. ~pb..a-tl droughi!Dimant slwbs and "*''nnaa ,_, enhcwa ..... ond lncraala permeobilty.l'ruper toll~ mulclq. onJ Cl'l ellldentlnfgolbl ~wii ..... Wtlflr~ ... _ .......................... 110\ i-t.J--i rn _,_. Ocean Street Residences --~ 2303~LP. GOS-12. CPOS-II, HDPOS-.n7, CDPOS-28 ( \ • \ • • • Zone I -tu.h ltmd=pe -< • 4720s.l -13.5Jitti~AntD CHANG I!.IJc,..rs-__ - BUILDINGI1 @EAST --..,.,..._ @ ACCESS ROAD~~/~-' 0~LDG #8 G) WEST GARAGE ~~~!~o· ......... Prospect Point Development, LLC UllO!'JoopociS!rod,Soilcl314 t.lol1a,CA9m1 (158)4~14 (1!1)4S6-tlllll Planning Division APPLICATIONS; CT 05-12 CP 05-11 HOP 05-07 COP 05-28 • • Ocean Street Residences """"""· CA GARAGE TERRACING ELEVATIONS .... - A4 ' ' ' !i !l. ' ' ' "-' ' c" ' ' !i :t ' ' ' ' ' ~:;-------, ~ ' ' ' ' --->' ' ' ' ' ' ' ' ' ' ' ' ->I " @ REAREL~~~~·-o- Prospect Point Development, LLC APPUCATIONS: CTOS-12 CP 05-11 HOP 05-07 COP 05-28 • c-_____ ....;J;;;.."l:.;;,~~ 1ST Fl.OOR PIAN GROSS AREA SUMMARY: 1ST fUlOII Fl,AT: J,()Jl SF lHO fi.OOR FI.J\T: 2,1!101 Sf 5,832 Sf (OUTSitlE W~l) NET AREA SUMMARY: COVERAGE AREA SUMMARY: 3,3al Sf (INCL. DECKS + PORCHES) 1 u<;ean Street Residences Carfsbad, CA Prospect Point Development, LLC APPUCATIONS: • GROSS AREA SUMMARY: 1ST flOOR FIAT: 2,173 Sf 2ND FLOOR FLAT: 2,G41 Sf 4,l14 5f (OUTSIDE W~u.) NET AREA SUMMARY: 1ST IUlOR FV.T: 2,122 Sf 2ND flOOR FlAT: 1,900 Sl' 4,022 SF (11<5001; W..U.) COVERAGE AREA SUMMARY: • 2,461 Sf (INCL. DECKS + ~) City of Carlsbad Ocean Street Residences CT 05-12/CP 05-11/ HOP 05-07/CDP 05-28 0 300 ------C:::=========:J Feet Map created by the City of Carlsbad GIS. Portions of the DERIVED PRODUCT contain geographic information copyrighted b.nGIS. All Rights Reserved • SITE MAP • N • NOT TO SCALE Ocean Street Residences CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 • • • • I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER CT 05-12/CP 05-11/CDP 05-28-OCEAN STREET RESIDENCES AND SOP 06-10-ROOSEVELT STREET RESIDENCES RECEIVED BY DATE: \{31/08 I • • • I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER Ocean Street-CT 05-12/CP 05-11 RECEIVED BY DATE: ________________ __ March 5, 2008 To: City of Carlsbad Planning Dept. Attn: Ms. Barbara Kennedy ' Subj: CT 05-12/CP 05-11/CDP 05-28 Ocean Street Residences & SOP 06-10- Roosevelt Street Residences. We would like to make a formal statement requesting more time for mitigation & neighborhood evaluation of this development as currently designed for the following reasons: 1) the requested easement for storm drainage onto property known as Lot 3 of Rue des Chateaux (neighboring property to the west) has not been cleared by their legal advisors & the City of Carlsbad. 2) The easement will determine the grading plan. 3) The grading plan will allow a permit to be issued 4) The permit must be in place to establish a "30' from finished grade" envelope. D tfCc..v5uec 5) The neighbors have not had access t~~,J~.fprmation that the current plan will cause a height of 3f above XL grade or over 14' above the old building height. There needs to be more time for neighborhood input & suggestions to mitigate items 1-4 and still allow this attractive development to continue. 6) While the offset 15% units appear to be a deal, the offset units are 490 square feet & not an equivalent habitable offset space. • '' I _:~ -- Department of Toxic Substances Control Linda S. Adams Secretary for Environmental Protection December 21, 2007 Ms. Barbara Kennedy Maureen F. Gorsen, Director 5796 Corporate Avenue Cypress, California 90630 City of Carlsbad, Planning Department 1635 Faraday Avenue Carlsbad, California 92008 INITIAL STUDY AND NEGATIVE DECLARATION (NO) FOR OCEAN STREET RESIDENCES CT 05-12/CP 05-11/HDP05-07/CDP 05-28 (SCH# 2007111102) Dear Ms. Kennedy: Arnold Schwarzenegger Governor The Department of Toxic Substances Control (DTSC) has received your submitted document for the above-mentioned project. As stated in your document: 'The 3.05 acre site is currently developed with 50 apartment units. Existing detached single-family and condominium development is located to the south and west of the site, a tennis court is located to the east of the site: and an open space lot, single-family residence and the Buena Vista Lagoon are located to the north of the site. The proposed project includes a Tentative Tract Map (CT 05-12), Condominium Permit (CP 05-11 ), Hillside Development Permit (HOP 05-07, and Coastal Development Permit (COP 05-28) for the demolition of the existing apartments and construction of a new 35-unit airspace condominium project with underground parking. Grading for the project includes 13,200 cy of cut, 5,800 cy of fill, and 7,400 cy of export ". Based on the review of the submitted document DTSC has the following comments: 1) The ND should identify and determine whether current or historic uses at the project area may have resulted in any release of hazardous wastes/substances. 2) The document states that the ND would identify any known or potentially contaminated sites within the proposed project area. For all identified sites, the ND should evaluate whether conditions at the site may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). ® Printed on Recycled Paper Ms. Barbara Kennedy December 21, 2007 Page 2 • • • Site Mitigation Program Property Database (formerly CaiSites): A Database primarily used by the California Department of Toxic Substances Control. • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCUS): A databas~ of CERCLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • Leaking Underground Storage Tanks (LUST) I Spills, Leaks, Investigations and Cleanups (SLIC): A list that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. • The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state lows, regulations and policies. 4) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. ... Ms. Barbara Kennedy December 21, 2007 Page 3 • • If the soil is contaminated, properly dispose of it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 5) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 6) If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the ND should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 7) If buildings, other structures, or associated uses; asphalt or concrete-paved surface areas are being planned to be demolished, an investigation should be conducted for the presence of other related hazardous chemicals, lead-based paints or products, mercury, and asbestos containing materials (ACMs). If other hazardous chemicals, lead-based paints or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations and policies 8) If weed abatement occurred, onsite soils may contain herbicide residue. If so, proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. If you have any questions regarding this letter, please contact Mr. AI Shami, Project Manager, at (714) 484-5472 or "ashami@DTSC.ca.gov". Sincerely, /f:;/~ Greg Holmes Unit Chief Southern California Cleanup Operations Branch -Cypress Office Ms. Barbara Kennedy December 21, 2007 Page4 • • cc: Governor's Office of Planning and Research (via e-mail) State Clearinghouse Mr. Guenther W. Moskat, Chief (via e-mail) Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control CEQA#1966 · II 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • PLANNING COMMISSION RESOLUTION NO. 6394 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 05-12 TO SUBDIVIDE THE 3.05 ACRE SITE AND CONSTRUCT 35 RESIDENTIAL AIR-SPACE CONDOMINIUM UNITS ON ONE HOA LOT ON PROPERTY GENERALLY LOCATED AT 2303 OCEAN STREET ON THE NORTH SIDE OF OCEAN STREET AND WEST OF MOUNTAIN VIEW DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE I. CASE NAME: OCEAN STREET RESIDENCES CASE NO.: CT 05-12 WHEREAS, 2303 Investors, LP, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as That portion of Lot "A" of Granville Park Unit No. 2 according to Map thereof No. 2037 and that portion of Laguna Drive of Granville Park adjacent thereto (vacated by Resolution No. 918 of the City Council of the City of Carlsbad, California, recorded July 19, 1963 as Document No. 126793, Records of San Diego County California) according to Map thereof No. 1782 -all in the City of Carlsbad, County of San Diego, State of California and filed in the Office of the County Rl'corder of said County ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A"-"PP" dated March 5, 2008, on file in the Planning Department OCEAN STREET RESIDENCES-CT 05-12, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on March 5, 2008, 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 persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. I 2 3 4 5 • • 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 APPROVES OCEAN STREET RESIDENCES -CT 05-12, based on the 6 following findings and subject to the following conditions: 7 Findings: 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \. 2. 3. 4. 5. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, aild the State Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with all regulations governing air-space subdivisions and all minimum requirements of Title 20, and the project bas been designed to comply with all other applicable regulations including Title 21, the Planned Development Ordinance, and the Mello II Segment of the Certified Local Coastal Program (Mello II LCP). That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Medium-High Density (RMH) Residential development and Open Space (OS) on the General Plan, and that the project would be re-developed with attached condominiums at a density of 11.74 dulac which is similar in character and density to the product type found directly to the west and which is compatible with the single-family and multifamily development south of the site; and the project is located over 100 feet from the Buena Vista Lagoon and bas been designed to comply with all of the applicable requirements of the Mello II LCP. That 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, in that all required development standards and design criteria required by the applicable zoning ordinances and the Mello II LCP have been incorporated into the project without the need for variances from development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project is conditioned to provide easements for public improvements including, but not limited to the water system and fire hydrant and the storm drain facility located at the eastern portion of the project. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). PC RESO NO. 6394 -2- I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. -------------------------, • • That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented in an east to west alignment which will allow for passive or natural heating or cooling opportunities to the extent possible; that the structure setbacks and building separations will allow for adequate air circulation; and that the residences are oriented to take advantage of prevailing breezes. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that no sensitive plant or animal habitats are present on site. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) Requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated March 5, 2008 including, but not limited to the following: a. b. c. d. Land Use -The project is consistent with the City's General Plan since the proposed densities of 11.74 dulac, is within the density range of 8-15 dulac for the Residential Medium-High Density (RMH) General Plan Land Use designation as indicated on the Land Use Element of the General Plan. Housing -The project is consistent with the Housing Element of the General Plan and the lnclusionary Housing Ordinance in that the developer is proposing to convert seven (7) market-rate units to affordable units within the existing 10-unit Roosevelt Street Residences project (SDP 06-10) or, as an alternative, to purchase 7 affordable housing credits within an offsite combined inclusionary housing project within the Northwest Quadrant. Open Space and Conservation -The project will not impact any designated open space and will conform to all NPDES requirements and Utilize Best Management Practices for control of storm water and to protect water quality. Noise -The project is not impacted by potential noise-generating sources such as Interstate 5 or the railroad. PC RESO NO. 6394 -3- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. 12. 13. 14. 15. e. f. • • Public Safety -The project will provide facilities to ensure compliance with Public Safety Requirements and the project will provide automatic fire sprinkler systems throughout the buildings. Circulation-The circulation system is designed to provide adequate access to the proposed units and the project is conditioned to reconstruct, replace, or repair the frontage improvements on Ocean Street. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned. to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically: a. b. c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The project has been conditioned 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 has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted, in that the proposed 35-unit residential condominium project will replace an existing 50-unit apartment building and will reduce the current need for public facilities. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the 0. 73 units in the project above the control point so that approval will not result in exceeding the quadrant limit and the development proposal will result in the transfer of 15 dwelling units back into the City's Excess Dwelling Unit Bank. PC RESO NO. 6394 -4- 1 2 3 4 5 6 7 8 9 10 16. 17. 18. • • That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that tbe project is conditioned to pay tbe appropriate fees to comply with tbe City's Growth Management Plan and tbe City's public facilities plans will not be adversely impacted in that all necessary public facilities have been constructed, or are conditioned to be constructed, repaired, or replaced. Tbe project is conditioned to pay tbe appropriate fees to comply with City's Growth Management Program. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 11 Conditions: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for 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 condition complies with all requirements oflaw. PC RESO NO. 6394 -5- 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. II. 12. • • Developer shall implement, or cause the implementation of, the Ocean Street Residences Project Mitigation Monitoring and Reporting Program. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- making body. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Notes: A note to this effect shall be placed on the Final Map. This approval is granted subject to the adoption and approval of the Ocean Street Residences Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CP 05-11, CDP 05-28 and is subject to all conditions contained in Planning Commission Resolutions No. 6393, 6395, and 6396 for those other approvals incorporated herein by reference. 13. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and PC RESO NO. 6394 -6- 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. • • deed restrict seven (7) dwelling units within the Roosevelt Street Residences - SDP 06-10 as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. A second Inclusionary Housing option available to the Developer shall be that prior to Final Map approval, and at the sole discretion of the City Council, the Developer may participate in an off-site combined inclusionary housing project or other off-site alternative as set forth within C.M.C. Chapter 21.85. The Affordable Housing Agreement shall he amended accordingly. Developer shall cause the implementation of SDP 06-10-Roosevelt Street Residences or shall obtain approval of another off-site alternative which shall be implemented concurrent with construction of the project's market rate units, unless both the final decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. b. c. General Enforcement by the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section ____ _ the City shall have the right, but not the duty, to perform the necessary PCRESON0.6394 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. d. e. • • maintenance. If the City elects to perfonn such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessments Levied by the Citv. In the eventthe City h11s perfonned the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perfonn such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within .the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit "_" This project is being approved as a condominium pennit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. Prior to issuance of building pennits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. PC RESO NO. 6394 -8- I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. 21. 22. 23. 24. 25. • • Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #I special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Plarming. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP) adopted by the Plarming Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a grading permit, and as a part of the grading plan preparation, the developer shall test the soil material to be exported from the project site to determine the materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach replenishment the developer is encouraged to comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the COBFP. Prior to the issuance of the Grading Permit or Final Map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Condominium Permit, and Coastal Development Permit by Resolutions No. 6394, 6395 and 6396 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Plarming Director and shall at least include a handout and a sign inside the sales facility stating the PC RESO NO. 6394 -9- I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 26. 27. 28. 29. 30. 31. • • fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Prior to issuance of a building permit, the Developer shall submit and obtain Planning Director approval of an exterior lighting plan. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall construct, install, and stripe not less than eighty-two (82) parking spaces, as shown on the Exhibits. 19 Engineering: 20 General 21 22 23 24 25 26 27 28 32. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 33. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements (e.g. driveways, sidewalks, utilities, water quality treatment facilities and private storm drain improvements, etc.) located therein and to distribute the .costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 34. There shall be one Final Map recorded for this project. PC RESO NO. 6394 -10- ! ------------- I 2 3 35. -----------------------------• • Developer shali instali sight distance corridors at ali street intersections and driveways in accordance with City Engineering Standards. The limits of these sight distance corridors shali be reflected on ali improvement, grading, or landscape plans prepared in association with this development. 4 Fees/Agreements 5 6 7 8 9 10 11 12 36. 37. 38. Developer shaH cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. Developer shaH cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. Prior to approval of any grading or building permits for this project, Developer shaH cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No: I and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shaH be on a form provided by the City Engineer. 13 Grading 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39. 40. 41. 42. 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. Developer shali apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. Upon completion of grading, Developer shaH file an "as-graded" geologic plan with the City Engineer. The plan shaH clearly show ali the geology as exposed by the grading operation, ali geologic corrective measures as actuaiiy constructed and must be based on a contour map which represents both the pre and post site grading. The plan shali be signed by both the soils engineer and the engineering geologist, and shali be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. Prior to the issuance of a grading permit, Developer shaH submit to the City Engineer · receipt of a Notice oflntention from the State Water Resources Control Board. Developer shali comply with the City's requirements of the National Poliutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shali provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface poilutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shaH be submitted to and subject to the approval of the City Engineer. Said plans shaH include but not be limited to notifYing prospective owners and tenants of the foiiowing: a. All owners and tenants shaH coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. PC RESO NO. 6394 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43. 44. b. c. • • Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. d. e. f. Identify existing and post-development on-site pollutants-of-concern. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite; Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on the proper procedures for handling cleanup and disposal of pollutants. Ensure long-term maintenance of all post-construction BMPs in perpetuity. Identify how post-construction runoff rates and velocities from the site will not exceed the pre-construction runoff rates and velocities to the maximum extent practicable. PC RESO NO. 6394 -12- I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 45. 46. • • Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a final map, whichever occurs first for this Project. The Storm Water Management Plan (SWMP) prepared for the project shall show how the project design incorporates Low Impact Development (LID) practices. Low Impact Development (LID) Design should reference the current County of San Diego Low Impact Development Handbook (Stormwater .Management Strategies). The design shall help preserve and restore the natural hydrologic cycle of the site by allowing filtration and infiltration of urban run-off using LID BMPs including but not limited to vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. Dedications/Improvements 47. 48. 49. 50. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for the sewer main and access at the western portion of the project, the water system and fire hydrant, and the storm drain facility located at the eastern portion of the project, as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Note: The sewer system, pump station and force main is considered a private system to be owned and maintained by the homeowners association. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. Developer shall provide for the design of water quality treatment systems to the satisfaction of the City Engineer. Additional Structural BMP devices may be required to comply with the current City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP). 51. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements and private sewer shown on the tentative map. These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street PC RESO NO. 6394 -13- I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 52. 53. 54. • • lights, pedestrian ramps, drainage structures, and best management practices for stormwater treatment. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: a) b) c) d) e) I) Reconstruction, replacement and repair of frontage improvements to Ocean Street based upon a half street frontage of 25'. Pavement overlay of Ocean Street along the project frontage. 8" Sewer main, cleanouts and access structures to serve the private sewer systems and force main. Reconstruction and removal of existing 10" A.C.P. Water Main along the frontage of this project. Storm Drain repair and reconstruction to upgrade the existing and deteriorated system along the east side of this project. (Privately Owned and Maintained) Sewer Lift Station and force main. (A list of the above 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 subdivision or development improvement agreement or such other time as provided in said agreement. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along and within the subdivision boundary. Prior to issuance of building permits, Developer shall install or secure with appropriate security as provided by law street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. 23 Final Map Notes 24 Add the following notes to the final map as non-mapping data: 25 26 27 28 55. All improvements are privately owned and are to be privately maintained with the exception of the following: a) The 8" sewer main and access hole at the southwest comer of this subdivision. Note the Force main and sewer pump station is privately owned and maintained. PC RESO NO. 6394 -14- 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 56. b) c) • • Water Mains specifically shown as public water mains, fire hydrants and related appurtenances on improvement plans for this project. The Storm Drain located at the eastern portion of this subdivision continuing offsite and turning to the west at the north east corner of the project. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 57. Geotechnical Caution: 58. 59. a) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnifY the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnifY the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 18 Utilities 19 20 21 22 23 24 25 26 27 28 60. 61. 62. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 63. The Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. PC RESO NO. 6394 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 64. 65. 66. 67. 68. 69. • • The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall provide separate potable water meters for each separately owned unit. Credit shall be given for the existing water meters that serve the existing Apartment Project. Developer shall evaluate in detail the entire potable water, recycled water, and sewer system to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a sewer lift station required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. Automatic fire sprinklers shall be provided for the entire project, including the garage level storage rooms. The storage unit doors shall be designed with view windows and a chain link fence material as a horizontal barrier between the fire sprinkler deflector and the maximum storage height (18 inches below sprinkler deflector). CODE REMINDERS The project is subject to all applicable provisions oflocal ordinances, including but not limited to the following: 70. 71. 72. 73. The tentative map shall expire two years from the date on which the Planning Commission voted on the application. Sorne improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. Developer 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. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 6394 -16- I 2 3 4 5 6 7 8 9 74. 75. 76. • • Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, I 0 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or armul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plarming, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6394 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 • • PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 5, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN Commissioners Baker, Boddy, Cardosa, Montgomery, and Chairperson Whitton Commissioner Dominguez Commissioner Douglas tfRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION 14 ATTEST: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DONNED Planning Director PC RESO NO. 6394 -18- ' • ' • • CITY OF CARLSBAD ENGINEERING DEPARTMENT DEVELOPMENT SERVICES January 3, 2008 DRAFT (From Master Conditions Revised 12/2007) TO: Associate Planner -Barbara Kennedy FROM: Associate Engineer-Clyde Wickham CT 05-12 I CP 05-11/ COP 05-28 OCEAN STREET RESIDENCES PROJECT APPROVAL AND CONDITIONS TRANSMITTAL Engineering Department staff has completed the review of the above-referenced project and is recommending: .lL_ That the project be approved subject to the conditions listed below. ENGINEERING CONDITIONS NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a fmal map whichever occurs first. General I. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 6. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements (e.g. driveways, sidewalks, utilities, water quality treatment facilities and private storm drain improvements, etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 8. There shall be one Final Map recorded for this project. II. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The limits of these sight distance corridors shall be reflected on all improvement, grading, or landscape plans prepared in association with this development. 1 • • Fees/Agreements 12. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 13. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 18. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. I and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 20. 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. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 21. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 23. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 24. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 25. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of 2 • • the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 26. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007 -000 I issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. IdentifY existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite; d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. IdentifY how post-construction runoff rates and velocities from the site will not exceed the pre- construction runoff rates and velocities to the maximum extent practicable. 27. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a fmal map, whichever occurs first for this Project. Dedications/Improvements 32. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for the sewer main and access at the western portion of the project, the water system and fire hydrant, and the storm drain facility located at the eastern portion of the project, as shown on the tentative map. The offer shall be made by a certificate on the fmal map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Note: The sewer system, pump station and force main is considered a private system t11 be owned and maintained by the homeowners association. 33. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 34. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. XX. Developer shall provide for the design of water quality treatment systems to the satisfaction of the City Engineer. Additional Structural BMP devices may be required to comply with the current City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP). 3 • • 35. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements and private sewer shown on the tentative map. These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage structures, and best management practices for stormwater treatment. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: a) Reconstruction, replacement and repair of frontage improvements to Ocean Street based upon a half street frontage of25'. b) Pavement overlay of Ocean Street along the project frontage. c) 8" Sewer main, cleanouts and access structures to serve the private sewer systems and force main. d) Reconstruction and removal of existing 10" A.C.P. Water Main along the frontage of this project. e) Storm Drain repair and reconstruction to upgrade the existing and deteriorated system along the east side of this project. f) (Privately Owned and Maintained) Sewer Lift Station and force main. (A list of the above 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 subdivision or development improvement agreement or such other time as provided in said agreement. 39. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along and within the subdivision boundary. 40. Prior to issuance of building permits, Developer shall install or secure with appropriate security as provided by law street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 44. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes Add the following notes to the fmal map as non-mapping data. 45. All improvements are privately owned and are to be privately maintained with the exception of the following: a) The 8" sewer main and access hole at the southwest comer of this subdivision. Note the Force main and sewer pump station is privately owned and maintained. b) Water Mains specifically shown as public water mains, fire hydrants and related appurtenances on improvement plans for this project. c) The Storm Drain located at the eastern portion of this subdivision continuing offsite and turning 4 • • to the west at the north east comer of the project. 4 7. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 48. Geotechnical Caution: b) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 49. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defmed by City of Carlsbad Engineering Standards. 51. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. Utilities 54. Prior to approval of improvement plans or fmal map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 55. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 56. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 58. The Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 59. The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 61. The Developer shall provide separate potable water meters for each separately owned unit. Credit shall be given to the existing water meters that serve the existing Apartment Project. 62. Developer shall evaluate in detail the entire potable water, recycled water, and sewer system to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 69. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a sewer lift station required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. 5 • • Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to tbe following: A. The tentative map shall expire two years from tbe date on which tbe Planning Commission voted on tbe application. B. Some improvements shown on tbe tentative parcel map and/or required by tbese conditions are located offsite on property which neitber tbe City nor tbe owner has sufficient title or interest to permit tbe improvements to be made witbout acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with tbe requirements of tbe Carlsbad Municipal Code Section 20.16.095 to notify and enable tbe City to successfully acquire said property by condemnation. 6 ----------------------------------------- ---... k Henthorn & Associat~· 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 April 20, 2007 Mr. Gary Barberio City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Fax (760) 438-0981 RECEIVED APR 2 S 2f:17 CITY OF CARLSBAD PLANNING DEPT RE: 2303 Ocean Street-Rentrolls (CT 05-12/CP 05-ll/CDP 05-28/SDP C6-10) Dear Gary, Enclosed please fmd the rent roll for 2303 Ocean Street, asof Aprill2, 2007. The roll is provided in response to Planning incomplete item number 2 of the application comment letter dated July 28, 2006, and should be considered as a part of there-submittal package that was submitted to the City on Aprill2, 2007. The requested information is being provided by unit number without disclosing the occupant(s) names. This is being done in the interest of maintaining confidentiality when ·disclosing personal income information. It is requested that you treat the information provided as confidential since it is very easy to link the apartment references to tenant names. We have documentation backing up the information shown in the attached roll and are willing to provide you the opportunity to review the records at a time and place that are mutually convenient. Please contact me at your convenience if you have any questions or need additional infonn;:..tion. cc: Don Neu, Planning Director Barbara Kennedy, Associate Planner Ron Ball, City Attorney • Unit TENANT I Occupant4 2 Occupant 1 3 Occupant 2 4 Occupant I 5 Occupant 1 6 Occupant 1 7 Occupant 2 8 Occupant 2 9 Vacant 10 Occupant 1 on notice 11 Vacant 12 Vacant 13 Occupant 1 14 Occupant 2 15 Occuapant 2 16 Occupant 2 17 Occupant 3 18 Occupant 3 19 Occupant 1 20 Occupant 1 21 Occupant I 22 Occup_ant 2 23 Occupant 1 23A Occupant 2 24 Tims guest unit 25 Occupant 2 26 Occupant 2 27 Occupant 2 28 Occupant I 29 Occupant 2 30 Occupant 2 31 Occupant 3 32 Occupant 1 33 Occupant 2 34 Occupant 2 35 Occupant 2 36 Occupant 2 37 Occupant 2 38 Occupan! 1 39 Occupant 2 40 Occupant 1 41 Occupant 1 42 Occpant 2 43 Occupant 1 44 Vacant 45 Manager 46 Occupant 2 47 Occpant I 48 Occupant 2 49 Occupant 1 50 Occupant 4 TOTAL Occupied units = 46 Vacant Units = 4 Units on notice = 1 • BED BATH 2 1.5 I I I I I I I I I I . I I I 1 I I 1 1 1 . 1 I I 1 1 1 1 I I 2 1 2 1 2 1 2 1 2 I 2 1 2 1 2 I 1 I 2 1 2 I 2 1 2 1 2 I 2 1 2 1 2 I 2 1 2 1 2 1 2 I 2 I 2 1 2 I 2 1 I 1 I I 2 I 2 I 2 I 2 1 2 1 2 1 2 I 2 1 2 I 2303 OCEAN RENT ROLL 4/12/07 CURRENT SQ. FT. RENT INCOME 1,690 $ 1,800.00 $6,800.00 691 $ 1,050.00 $4,833.00 691 $ 1,250.00 $10,250.00 691 $ 1,100.00 4800 + 691 $ 1,250.00 $7,000.00 741 $ 1,100.00 $5,882.00 741 $ 1,250.00 $16,000.00 842 $ 1,175.00 $5,800.00 842 735 $ 1,250.00 724 $ 1,250.00 740 740 $ 1,200.00 $5,000.00 825 $ 1,250.00 $10,500.00. 825 $ 1,250.00 $6,200.00 858 $ 1,400.00 $20,000.00 858 $ 1,400.00 6000 + 858 $ 1,400.00 $8,800.00 858 $ 1,450.00 $4,550.00 858 $ 1,600.00 $8,000.00 858 $ 1,450.00 $30,000.00 858 $ 1,400.00 $10,000.00 858 $ 1,450.00 $6,000.00 692 $ 1,100.00 $6,800.00 1,018 $ 1,400.00 1,018 $ 1,650.00 $22,000.00 1,018 $ 1,600.00 $5,486.00 1,018 $ 1,450.00 $16,450.00 1,018 $ 1,425.00 $5,752.00 1,018 $ 1,450.00 $9,200.00 1,018 $ 1,650.00 $6,200.00 1,018 $ 1,650.00 $6,600.00 837 $ 1,400.00 $4,000.00 837 $ 1,300.00 $7,083.00 829 $ 1,400.00 $5,880.00 829 $ 1,575.00 $7,100.00 829 $ 1,200.00 7000 + 829 $ 1,350.00 $6,000.00 829 $ I ,400 00 $5,400.00 829 $ 1,400.00 $7,420.00 630 $ 1,100.00 $4,826.00 636 $ 1,200.00 $4,666.00 775 $ 1,550.00 $7,500.00 775 $ 1,550.00 $5,300.00 824 824 829 $ 1,200.00 $8,200.00 829 $ 1,600.00 $5,500.00 829 $ 1,200.00 $5,200.00 829 $ 1,400.00 $4,543.00 827 $ 1,400.00 $5,300.00 64,325 • LEASE EXPIRATION 10/20/2006 3/20/2006 411/2006 MM 7/14/2006 1/14/2007 9/15/2006 MM 11115/2006 Renovate 2/5/2007 10/5/2006 6/30/2006 MM 9/8/2006 3/8/2007 3/15/2007 MM 4/26/2006 10/26/2006 8/1112006 MM 5/12/2006 MM 8/712006 MIM 4/5/2006 I 0/5/2006 5/14/2004 MM 3/15/2003 MM 7/1/2006 MM 5/5/2006 12/31/2006 12/11/2006 MM 4/1/2006 5/27/2005 MM 6/8/2006 MM 2/14/2007 11116/2006 5/4/2006 6/8/1995 MM 111/2006 8/1/2003 MM 5/11/2006 MM 4/712006 MM 10/22/2004 MM 7/28/2006 MM 5/12/2006 11/12/2006 6/20/2006 7/28/2006 1/28/2007 6/12/2006 12/12/2006 11/22/2006 10/21/2006 113/2005 MM 1116/2003 MM Renovate 5/12/2006 11112/2006 9/112003 MM 5/25/2006 11125/2006 2/14/2007 MM 6/1/2006 MM 4125120073:06 PM -Notice of Document Transmittal CA 95812-(916) 445-0613 Project Lead Agency: CITY OF CARLSBAD Contact Person: Barbara Kennedy Street Address: 1635 FARADAY A VENUE Phone: (760) 602-4626 City: CARLSBAD Zip: 92008 COUNTY ...................................................................... PROJECT LOCATION; See NOTE Below: SCH# County: SAN DIEGO County: San Diego City/Nearest Community: _C""'ar':'lse;b'-'a,d'=:-----:::---:-:------:--::-::------,------,---::----:-:-:-----:-:-:--:-:-:-::-::-:--:-:- Cross Streets: 2303 Ocean Street (Ocean St./Mountain View Dr. Total Acres: 3.05 acres Assessor's Parcel No. 203-010-12 & 15 Within 2 Miles: State Hwy #: ~ Waterways: ~P...,a.,c"=ifi':'lc"::"O"'c"'ea.,n'-'a.,n,d'-'B,u,e.,n..,a'-V':-"'is_,ta'-'L"'a"'g"o"'o"'n::--:-::---:-----:-=-::--:---------- Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Carlsbad Unified School District DOCUMENT TYPE: CEQA: D NOP D Early Cons D NegDec D DraftEIR D Supplement/Subsequent D EIR (Prior SCH No.) NEPA: D NO! D EA OTHER: D Joint Document D Final Documenl ~ Other: Mitigated Neg Dec D DraftEIS D FONSI ················································································ ............................................................................................................................ . LOCAL ACTION TYPE: D General Plan Update D General Plan Amendment D General Plan Element D Community Plan D D D D Specific Plan D Master Plan D Planned Unit Development D Site Plan ~ ....................................................................................................................................... DEVELOPMENT TYPE: D Residential: D Office: D Commercial: D Industrial: D Educational: D Recreational: Units 35 Sq. Ft. Sq. Ft. Sq. Ft. Acres 3.05 Acres Acres Acres Employees Employees Employees Rezone Prezone Use Permit Land Division (Subdivision, Parcel Map, Tract Map, etc.) D Water Facilities: D Transportation: D Mining: D Power: D Waste Treatment: D Hazardous Water: D Other: D Other: _____ _ D Annexation D Redevelopment ~ Coastal Permit ~ Other: Hillside Develo(2ment Permit/Condo Permit Type_ MGD Type Mineral Type Watts Type Type .................................................................... ................................... ............................................................. .................................................... . ............................................................ . PROJECT ISSUES DISCUSSED IN DOCUMENT: D AestheticNisual D Flood Plain/Flooding D Schools/Universities D Agricultural Land D Forest Land/Fire Hazard D Septic Systems D Air Quality D Geological/Seismic D Sewer Capacity ~ Archaeological/Historical D Minerals D Soil Erosion/Compaction/Grading ~ Coastal Zone D Noise D Solid Waste D Drainage/ Absorption D Population!Hsg. Balance ~ Toxic/Hazardous D Economic/Jobs D Public Services/Facilities D Traffic/Circulation D Fiscal D Recreation/Parks D Vegetation ........................................................................................................................................................................................................................................................ Present Land Use: 50 unit apartment project Zoning: R-3/BAOZ (Multi-family residential w/Beach Area Overlay Zone General Plan Land Use Designation: Residential Medium-High Density (RMH 8-15 dulac) . ...................... .............................................. ........................................ .. ........................................................................... .. Project Description: D Water Quality D H20 Supply/Ground HzO D Wetland/Riparian ~ Wildlife D Growth Inducing D Land Use ~ Cumulative Effect D Other: _____ _ The 3.05 acre site is currently developed with 50 apartment units. Existing detached single-family and condominium development is located to the south and west of the site, a tennis court is located to the east of the site; and an open space lot, single-family residence and the Buena Vista Lagoon are located to the north of the site. The proposed project includes a Tentative Tract Map (CT 05-12), Condominium Permit (CP 05-11), Hillside Development Permit (HDP 05-07), and Coastal Development Permit (CDP 05-28) for the demolition of the existing apartments and construction of a new 35-unit airspace condominium project with underground parking. Grading for the project includes 13,200 cy of cut, 5,800 cy of fill, and 7,400 cy of export. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of Preparation or previous draft document) please fill it in. Revised 2006 Reviewing Agencies Checklist Resources Agency __ Boating & Waterways _S __ Coastal Commission __ Coastal Conservancy __ Colorado River Board __ Conservation, Dept. of _s __ Fish & Game __ Forestry & Fire Protection __ Office of Historic Preservation __ Parks & Recreation Reclamation Board • __ S.F. Bay Conservation & Development Commission __ Water Resources (DWR) Business, Transportation & Housing __ Aeronautics __ California Highway Patrol __ CAL TRANS District# ____ _ __ Department of Transportation Planning (headquarters) __ Housing & Community Development __ Food & Agriculture Health & Welfare __ Health Services, __________ _ State & Consumer Services __ General Services __ OLA (Schools) Public Review Period (to be filled in by lead agency) Starting Date November 23 2007 Signature--------------- Lead Agency (Complete if applicable): Consulting Firm: _______________ _ Address: _________________ _ City/State/Zip:--------------- Contact: __________________ _ Phone: L__l ______________ _ Applicant:2303 Investors LP Address: I 020 Prospect Street. Ste 314 City/State/Zip: La Jolla CA 92037 Phone: (858) 456-0014 Form A. continued S = Document sent by lead agency X = Document sent by SCH '•= Suggested distribution Environmental Protection Agency ___ .Air Resources Board ___ .California Waste Management Board ___ SWRCB: Clean Water Grants ___ SWRCB: Delta Unit ___ SWRCB: Water Quality ___ SWRCB: Water Rights ___ Regional WQCB # __ _ Youth & Adult Corrections ___ Corrections Independent Commissions & Offices _ __ Energy Commission ___ Native American Heritage Commission ___ Public Utilities Commission ___ Santa Monica Mountains Conservancy ___ State Lands Commission _ __ Tahoe Regional Planning Agency __.,_s __ Other U.S. Fish & Wildlife Service Ending Date _ ___,D"'e"'ce"'m"'b"'e"-r.=2=.2~2"'0"'0'-'-7 _______ _ Date -------------------- For SCH Use Only: Date Received at SCH Date Review Starts: Date to Agencies Date to SCH Clearance Date Notes: • SITE MAP • N NOT TO SCALE • Ocean Street Residences CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 • • Cit of Carlsbad ____________ , ______ __ CASE NAME: CASE NO: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION OCEAN STREET RESIDENCES CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 PROJECT LOCATION: The north side of Ocean Street and west of Mountain View Drive at 2303 Ocean Street. Carlsbad. CA (APN 203-010-12 and -15) PROJECT DESCRIPTION: The 3.05 acre site is currently developed with 50 apartment units. Existing detached single-family and condominium development is located to the south and west of the site, a tennis court is located to the east of the site; and an open space lot, single-family residence and Buena Vista Lagoon are located to the north of the site. The proposed project includes a Tentative Tract Map (CT 05-12), Condominium Permit (CP 05-11), Hillside Development Permit (HDP 05-07), and Coastal Development Permit (CDP 05-28) for the demolition of the existing apartments and construction of a new 35-unit airspace condominium project with underground parking. Grading for the project includes 13,200 cy of cut, 5,800 cy of fill, and 7,400 cy of export. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (I) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. PUBLIC REVIEW PERIOD November 23. 2007 through December 22. 2007 PUBLISH DATE November 23. 2007 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) • • ENVIRONMENTAL IMPACT ASSESSMENT FORM-INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 DATE: October 31. 2007 I. CASE NAME: OCEAN STREET RESIDENCES 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 1635 Faraday Avenue Carlsbad. CA 92008 3. CONTACT PERSON AND PHONE NUMBER: Barbara Kennedy. Associate Planner 760.602.4626 4. PROJECT LOCATION: 2303 Ocean Street Carlsbad CA 92008 5. PROJECT SPONSOR'S NAME AND ADDRESS: 2303 Investors. LP 1020 Prospect Street. La Jolla CA 92037 6. GENERAL PLAN DESIGNATION: RMH (Residential Medium-High Density; 8-15 dulac) 7. ZONING: R-3/BOAZ(Multiple Family Residential w/ Beach Area Overlay Zone) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): ..,N"'/A_.__ ________________ _ 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The 3.05 acre project site is located on the north side of Ocean Street and west of Mountain View Drive. The site is currently developed with 50 apartment units. Existing detached single-family and condominium development is located to the south and west of the site, a tennis court is located to the east of the site; and an open space lot, single-family residence and the Buena Vista Lagoon are located to the north of the site. The proposed project includes a Tentative Tract Map (CT 05-12), Condominium Permit (CP 05-11 ), Hillside Development Permit (HDP 05-07), and Coastal Development Permit (CDP 05-28) for the demolition of the existing apartments and construction of a new 3 5-unit airspace condominium project with underground parking. Grading for the project includes 13,200 cy of cut, 5,800 cy of fill, and 7,400 cy of export. A separate, but related project includes interior and exterior upgrades to an existing I 0-unit apartment project located at 3366 Roosevelt Street, Carlsbad, CA. The Roosevelt Street Residences (SDP 06-1 0) project is proposed as an off-site "Combined" Inclusionary Housing project which will be used to satisfy the City's affordable housing requirement for the Ocean Street condominiums. Seven of the existing units are proposed to be rent-restricted as affordable to lower-income households. The remaining three existing units are proposed as market-rate units. The off-site "Combined" Inclusionary Housing project is Categorically Exempt, Class I, Section 15301-Existing Facilities. • Project Number: CT 05-12/C!11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Aesthetics D Agricultural Resources D Air Quality IZJ Biological Resources IZJ Cultural Resources D Geology/Soils 0Noise IZJ Hazards/Hazardous Materials D Population and Housing D Hydrology/Water Quality D Land Use and Planning D Mineral Resources D Mandatory Findings of Significance 2 D Public Services D Recreation D Transportation/Circulation D Utilities & Service Systems Rev. 01/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences DETERMINATION. (To be completed by the Lead Agency) D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ~ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date I I Planning Director's Signature 1!/tG/o7 ' Date 3 Rev. 01/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 4 Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 5 Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences I. AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact D D D D Potentially Significant Unless Mitigation Incorporated D D D D Less Than Significant No Impact Impact C8J D D C8J D C8J C8J D b & c) No Impact. The project includes demolishing an existing 1960's era 50-unit apartment project and constructing a 35-unit condominium project and would not impact any scenic or historic resources. a & d) Less than Significant Impact. The project is subject to the site design, architectural, and landscaping standards contained in the City of Carlsbad Planned Development Ordinance, City of Carlsbad Landscape Manual, City Council Policy 66 for the Design of Livable Neighborhoods, and the Beach Area Overlay Zone which limits the building height to 30 feet and two stories. New sources of light and glare would not be created and standard conditions of approval require that all lighting shall be shielded so that it does not spillover onto adjacent properties. II. AGRICULTURAL RESOURCES -(In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 6 Potentially Significant Impact D D D Potentially Significant Unless Mitigation Incorporated D D D -------------------------------------------- Less Than Significant Impact D D D No Impact Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences a-c) No Impacl. The site is an existing, developed site. No agricultural resources exist on the site. Ill. AIR QUALITY -(Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D Less Than Significant No Impact Impact D D D D D a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (03) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through I om in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set 7 Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project N arne: Ocean Street Residences forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of I 0 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. IV. BIOLOGICAL RESOURCES-Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department ofFish and Game or U.S. Fish and Wildlife Service? 8 Potentially Significant Impact D D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D 0 D Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact D D D D Potentially Significant Unless Mitigation Incorporated D D D Less Than Significant Impact ~ D D No Impact D D D a & d) Potentially Significant Impact Unless Mitigation Incorporated. The Draft Biological Resources Technical Report for the Ocean Street Property, Dudek & Associates, Inc., dated November 2005, indicates that the site consists only of developed land including an existing multi-family apartment complex and associated infiru;tructure, including covered parking structures and ornamental landscaping. No sensitive plant or sensitive wildlife species were detected onsite, and due to the extent of development present onsite none are expected to occur. The lower basin of the Buena Vista Lagoon is located offsite and approximately 120 feet north of the project site. Due to the high-quality biological resources present there, the lagoon likely supports a variety of waterfowl, fish amphibian, and coastal avifauna! species. Since impacts to sensitive plants are not expected to occur, no mitigation is proposed. Additionally, because the project site does not serve as a potential wildlife corridor as it is currently developed with a 50-unit apartment project and the lagoon is located approximately 120 feet to the north, redevelopment of the site is unlikely to affect wildlife movement. No mitigation is proposed for impacts to habitat linkages/wildlife corridors because the proposed impacts are not considered significant. Implementation of the project could result in direct impacts to nesting birds. Therefore a mitigation measure is included in the event that construction commences during the bird breeding season. To avoid impacts to nesting birds, construction should be timed, where feasible, to avoid the bird nesting season (ie., January 1 through August 31 for most species, including raptors). However, if tree removal occurs during this time period, a focused avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to tree removal in accotdance with the Migratory Treaty Act (16 U.S.G. 703-712) Construction should not commence until a qualified wildlife biologist has inspected all of the trees onsite for nesting birds. If any active nests are detected, the area will be flagged, along with a buffer ranging from 25 to 300 feet (specific width to be determined by the project biologist) and will be avoided until the nesting cycle is complete. b-e) Less Than Significant Impact. A formal Jurisdictional Wetlands Delineation was conducted for the site and concluded that no jurisdictional waters of the U.S. including wetlands were identified onsite. The report indicates that the lower basin of the Buena Vista Lagoon is located offsite and approximately 120 feet north of the project site. Due to the high-quality biological resources present there, the lagoon likely supports a variety of waterfowl, fish amphibian, and coastal avifauna! species. 9 Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences Adjacent offsite lands consist of residential development to the south and west; tennis courts to the east, and disturbed lands to the north are comprised mostly of non-native herbs and forbs with scattered low-growing shrubs including notch-leaf marsh rosemary (Limonium sinuatum) and deerweed (Lotus scoparius). The Buena Vista Lagoon is located approximately 120 feet offsite and to the north of the project and is not expected to be indirectly impacted by the project. Although short-term indirect impacts may have the potential to occur, measures will be taken during construction to minimize adverse edge effects. All project grading will be subject to the typical restrictions and requirements that address erosion and runoff, including the federal Clean Water Act, NPDES, and the preparation of a SWPPP. Therefore, no indirect impacts to adjacent offsite lands are expected to occur. d) Less Than Significant Impact. The report indicates that although the site is adjacent to habitat associated with the Buena Vista Lagoon, the site itself is currently developed with a 50-unit apartment project which precludes it from functioning as a wildlife corridor or habitat linkage. No mitigation is proposed for impacts to habitat linkages/wildlife corridors because the proposed impacts are not considered significant. e) No Impact. The project has been designed to comply with the City of Carlsbad Habitat Management Plan (HMP) and Mello II Segment of the Local Coastal Program requirements and does not conflict with any policies or ordinances protecting biological resources. The project site is located over 120 feet from the Ordinary Mean High Water line of the Buena Vista Lagoon site and complies with the HMP and coastal zone requirements for a 100 foot buffer from wetlands. f) Less than Significant Impact. The site currently supports existing residential uses and will continue to support residential uses. The project has been designed to observe the minimum I 00-foot buffer to protect offsite adjacent wetland preserve areas (Buena Vista Lagoon) as required by the HMP. In addition, the project is consistent with the HMP adjacency standards as follows: I. Fire Management -due to the project's location within an urban neighborhood and the lack of fuel resources offsite, no fuel modification zones are proposed by or required for the project. The type of construction proposed (multi-family residential condominiums) will require that all of the residences are protected by a residential fire sprinkler system. 2. Erosion Control-all project grading will be subject to the typical restrictions and requirements that address erosion and runoff, including the federal Clean Water Act, NPDES, and the preparation of a SWPPP. All runoff has been designed to remain within the on-site landscaped areas or to be filtered through appropriate storm drain facilities (grassy swale or other acceptable Treatmeni Control BMPs) where it will be filtered and released into Buena Vista Lagoon. As a result of these project design features, runoff from the site will not adversely impact aquatic, wetland or riparian habitat and the offsite preserve areas are not expected to be impacted by the project. 3. Landscaping Restrictions-the proposed project is separated from the Buena Vista Lagoon by a minimum 100 foot off-site open space buffer. Although the use of non-native landscaping within the project area is not expected to result in adverse effects to the offsite preserve areas, the landscape plan has been designed with a 20 foot wide "Naturalized Vegetation" area (non-invasive native or naturalizing species) located along the northern boundary of the site. 4. Fencjng. Signs. and Lighting-the Buena Vista Lagoon is located approximately 120 feet to the north of the site and there are no on-site preserve areas which require fencing or signage. A metal picket fence is proposed along the northern property line and no pedestrian or vehicular access is proposed along the northern, eastern or western boundaries of the site. Standard project conditions of approval require that project lighting must be shielded to ensure that building and parking lot lighting does not spillover into the adjacent properties or preserve areas. 5. Predator and Exotic Species-the project will be fenced and is located approximately 120 feet from the Buena Vista Lagoon. The biological report indicates that predators and exotic species issues are not expected to negatively affect the offsite preserve. 10 Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 V. CULTURAL RESOURCES-Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Project Name: Ocean Street Residences Potentially Significant Impact D D D D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D D D D No Impact D D D a) No Impact. The project includes demolishing an existing 50-unit apartment project and constructing a 35-unit condominium project and would not impact any historical resources in that none exist on the site. b & d) Potentially Significant Impact Unless Mitigation Incorporated. According to the Archeological Resources Study -2303 Ocean Street, Affinis, dated May 2005, no historic or archaeological resources were identified within the project area. However, given the proximity to the Buena Vista Lagoon and to a previously mapped site to the west (CA-SDI-626), the report indicated that there is a potential for subsurface cultural resources. Additionally, the report indicates that there was a reference (Hanna 1984) "to a rumor" that a human burial had been found on the CA-SDI-626 site previously. Therefore, a mitigation measure is included requiring an archeologist and a Native American representative be retained to monitor initial grading in the area identified in the geology report as undocumented fill/alluvium. If archeological resources are encountered, the monitor would have the authority to temporarily halt or redirect grading, in order to document the cultural material discovered. If cultural material is found and collected, it would be curated at the San Diego Archeological Center (or other appropriate repository) or repatriated to the San Luis Rey band if they so desire. c) Potentially Significant Impact Unless Mitigation Incorporated. According to the Phase Environmental Site Assessment Report-2303 Ocean Street, NAC, dated October 6, 2003, the soils on the site contain Pleistocene Age Marine Terrace Deposits. The Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01) indicates that Pleistocene Terrace Deposits may have the potential to contain fossiliferous rock. The project grading requires significant excavation (up to 15 feet of cut) in some portions of the site for the underground parking garage. Removal of this material has the potential to adversely impact scientifically significant paleontological resources. A mitigation program which involves review of the grading plans, attendance of a paleontologist at grading meetings and during the grading operation with the authority to direct grading operations to salvage resources, and curation, at the direction of the property owner, of the resources will mitigate the impacts to a less than significant level. II Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences VI. GEOLOGY AND SOILS-Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 -1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D Less Than Significant No Impact Impact D D D D D D a. i & iv) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. The Geotechnical Investigation -Ocean Street Condominium, GEOCON, Inc., dated September 3, 2004, indicates that no landslides are present on the property or at a location that could impact the site. a. ii -iii) Less Than Significant Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. The Geotechnical Investigation indicates that the site could be subjected to moderate to severe ground shaking in the event of an earthquake. The report recommends that seismic design of the structures be performed in accordance with the Uniform Building Code (UBC) guidelines that are currently adopted by the City of Carlsbad. The report indicates that the potential for lateral spreading and flow slides is considered low and that mitigation of liquefaction settlement should consist of deep foundations or stone columns as recommended in the Geotechnical Investigation. 12 Rev. 08/02/07 • • Project Number: CT 05-I2/CP 05-Il/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences It is understood that the same building code standards, which ensure the relative safety of all new residential construction, will be applied to the units constructed pursuant to the proposed tentative map. Standard conditions of project approval require that the project incorporate all recommendations in the Geotechnical Investigation into the design of the project. b) Less Than Significant Impact. The project's compliance with standards in the City's Excavation and Grading Ordinance that prevent erosion through slope planting and installation of temporary erosion control measures will avoid substantial soil erosion impacts. c-d) Less than Significant Impact. The Geotechnical investigation indicates that undocumented fill and alluvial soils encountered on site will require removal and recompaction as recommended in the report. On-site soils were identified as being very low to high in expansion potential and recommendations for foundation design and construction are presented in the report. The report indicates that development of the property appears to be feasible form a geotechnical viewpoint, provided the recommendations presented in the report are properly incorporated into the design and construction of the project. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. VII. HAZARDS AND HAZARDOUS MATERIALS -Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 13 Potentially Significant Impact D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D Less Than Significant No Impact Impact D D D D D D D Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Project Name: Ocean Street Residences Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact D D D [g] D D D a & c-h) No Impact. According to the Phase I Environmental Site Assessment, no on-site recognized environmental conditions were identified during the course of the assessment and no off-site environmental conditions were identified that were considered likely to impact the property. The proposed residential development does not propose any transportation or storage of hazardous materials. The project is located within an urban neighborhood and due to the lack of fuel resources offsite, no fuel modification zones are proposed by or required for the project. The type of construction proposed (multi-family residential condominiums) will require that all of the residences are protected by a residential fire sprinkler system. The use of the site for residential purposes is consistent with the Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport. b) Potentially Significant Impact Unless Mitigation Incorporated. According to the Phase I Environmental Site Assessment, suspect and previously-confirmed asbestos containing materials were observed at the property. The potential release of asbestos during demolition of the existing apartment building is considered potentially significant. To reduce the impact associated with this potential release of asbestos, a mitigation measure is included requiring the preparation of an asbestos investigation and mitigation report. The mitigation report shall identity appropriate clean-up and disposal requirements necessary to avoid releasing asbestos into the air. VIII. HYDROLOGY AND WATER QUALITY-Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off- site? 14 Potentially Significant Impact D D D Potentially Significant Unless Mitigation Incorporated D D D Less Than Significant No Impact Impact D D D Rev. 08/02/07 • Project Number: CT 05-12/CP t 1/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on-or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? I) Otherwise substantially degrade water quality? g) Place housing within a I 00-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Increase erosion (sediment) into receiving surface waters. I) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? 15 Potentially Significant Impact D D D D D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D D D Less Than Significant Impact ~ D D No Impact D D D D D D D D D ~ Rev. 08/02/07 • Project Number: CT 05-12/CP 11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences a) Less than Significant Impact. The subject property is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act, California Administrative Code Title 23, and specific basin plan objectives identified in the "Water Quality Control Plan for San Diego Basin." (WQCP) The WQCP contains specific objectives for the Carlsbad Hydrologic Unit which includes the requirement to comply with National Pollutant Discharge Elimination System (NPDES) and Best Management Practices (BMP's). The project must also obtain a NPDES permit prior to construction. The permit will require the project to develop and implement specific erosion control and storm water pollution prevention plans to protect the downstream water quality of Buena Vista Lagoon. These plans will ensure acceptable water quality standards will be maintained both during the construction phase as well as post-development. b) No Impact. This project does not propose to directly draw any groundwater. The project will be served via existing public water distribution lines adjacent to the site. c-f) Less than Significant Impact. The Hydrology Report-Ocean Street Condominium, BHA, Inc., dated j'vlay II, 2005, indicates that the proposed design does not adversely affect surrounding properties and the storm drain system adequately drains the proposed project in a I 00-year storm event. Construction of the proposed project improvements is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations and temporary impacts associated with the construction operation will be mitigated. The project will not result in permanent or long term degradation of water quality as a result of the proposed pollution control program. g -i) No Impact. The project site is not located within a I 00-year flood hazard area according to the Flood Insurance Rate Map. Therefore, the proposed project will not result in the placement of housing or structures and within a I 00-year flood hazard area. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the site is not located within any dam failure inundation area. j) Less than Significant Impact. The project site is located approximately 400 feet east of the Pacific Ocean and is over 120 feet from the Buena Vista Lagoon with a minimum elevation at the site of approximately 12 feet MSL. Therefore, there is a moderate potential of a tsunami or seiche inundating the site. k) Less than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES permit requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed development will be channeled into the appropriate storm drain receptors as indicated in the project's Water Quality Technical Report-Ocean Street Condominium, BHA, Inc., dated revised July 26, 2007. The greatest potential for short-term water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the grading construction BMP's for the project. I -n) Less than Significant Impact. The Hydrology Report and Water Quality Technical Report indicate that Standard Storm Water Permanent BMPs will be incorporated into the project design to address water quality for the project. Pollutants of concern will be addressed through four different BMPs: Site Design BMPs, Source Control BMPs, BMPs for Individual Priority Project Categories (private road), and Treatment Control BMPs. Site Design BMPs will control post development peak storm runoff discharge rates and velocities to maintain or reduce pre- development downstream erosion and Source Control BMPs will consist of measures to prevent polluted runoff. BMPs along the private road will include a curb opening filtration device, Catch Basin Stormfilter that will filter pollutants of concern from the street's runoff before the runoff is released into a grassy swale or other acceptable Treatment Control BMP where it will be filtered and released into Buena Vista Lagoon. As a result of these project design features, there will be less than significant impact to water quality, site erosion, and pollutant discharge, and no receiving water quality will be adversely affected through implementation of the proposed project. o) Less than Significant Impact. The project will result in an increase in impervious surfaces from 60% with the existing development to 80% under the proposed development. The site has been designed to improve pre- development runoff characteristics resulting in a decrease of 0.37 cfs in total site runoff (exist: 3.69 cfs; proposed 3.32 cfs) and by returning storm drain runoff to historic outfall locations. 16 Rev. 08/02/07 • Project Number: CT 05-12/CP ~1/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences p) Less than Significant Impact. The project's runoff will be released into a grassy swale or other acceptable Treatment Control BMP where it will be filtered and released into Buena Vista Lagoon. As a result of these project design features, runoffti'om the site will not adversely impact aquatic, wetland or riparian habitat. q) No Impact. The Geotechnical Investigation indicates that groundwater was encountered at approximately I foot MSL, but is generally encountered at 3 feet MSL near the ocean. Groundwater and/or seepage-related problems are not expected. Surface drainage should be directed into properly designed drainage structures and away rrom pavement edges, building pads, and other moisture-sensitive improvements. The project will not result in the exceedence of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IX. LANDUSE AND PLANNING -Would the project: a) Physically divide an established community? D D D C8:J b) Conflict with any applicable land use plan, policy, or D D D C8:J regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation D D D plan or natural community conservation plan? a -c) No Impact. The project includes demolishing an existing 50-unit apartment project and constructing a 35-unit condominium project and would not physically divide an established community or conflict with any applicable land use plans, policy, regulation, or habitat conservation plan. The project site is located over 120 feet ti'om the Ordinary Mean High Water line of the Buena Vista Lagoon site and complies with the Habitat Management Plan and coastal zone requirements for a I 00 foot buffer ti'om wetlands. An existing public access point to the beach is located approximately 150 feet west of the site and no additional public access requirements are required for this site. The site is located over I 00 feet from a wetland, stream, or estuary (Buena Vista Lagoon) and therefore, is not located within the jurisdictional appeal area of the California Coastal Commission. X. MINERAL RESOURCES-Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 17 Potentially Significant Impact D D Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact D D Rev. 08/02/07 • Project Number: CT 05-12/CP ,11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences a -b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or residents of the State. XI. NOISE-Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D Less Than Significant No Impact Impact D D D D D D b & d) Less than Significant Impact. The AT&SF Railroad tracks are located approximately 150 feet east of the subject site. According to the Acoustical and Ground Vibration Site Assessment -Ocean Street Residential Development, Investigative Science and Engineering, Inc., dated May 9, 2005, no sensitive outdoor spaces would be exposed to adverse noise conditions and no acoustical impacts are indicated due to rail activity adjacent to the project site. Ground motion impacts were analyzed and found that ground motion levels would fall into the category of being unperceivable by humans. No significant impacts were identified and no mitigation is required. The anticipated grading operation associated with the proposed tentative map would result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of the grading, the ambient noise level and vibrations is expected to return to pre-existing levels. a, c, e & f) No Impact. The project consists of a 35-unit residential condominium project which is consistent in use and intensity with the surrounding residential development. As such, the project would not result in sustained ambient noise levels which exceed the established standards. Additionally, the project site is not within the 60 dBA CNEL noise contour area of the McClellan-Palomar Airport. 18 Rev. 08/02/07 • Project Number: CT 05-12/CP * 1/HDP 05-071CDP 05-28 Project Name: Ocean Street Residences XII. POPULATION AND HOUSING -Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact D D D Potentially Significant Unless Mitigation Incorporated D D D Less Than Significant Impact D No Impact D D a) No Impact. The project includes demolishing an existing 50-unit apartment project and constructing a 35-unit condominium project and would not induce growth either directly or indirectly. b-e) Less than Significant Impact. The proposed 35-unit condominium project, at a proposed density of 11.74 dulac would be developed at slightly above the Growth Management Control Point of 11.5 dulac for the RMH General Plan Land Use designation, and within the density range of 8-15 dulac. The resulting 15 unit decrease would be accounted for by depositing 15 dwelling units into the City's Excess Dwelling Unit Bank for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfY the City's share of the regional housing need. Because the existing 50-unit apartment project is located within the coastal zone, it is subject to Government Code section 65590 which requires that replacement dwelling units must be provided if the existing residences are occupied by persons and families of low or moderate income (as defined by Section 50093 of the California Health and Safety Code). Evidence has been provided showing that none of the existing units are occupied by persons or families with low or moderate income levels and therefore, no low-income tenants will be displaced. The development proposal is subject to the City's Inclusionary Housing Ordinance and proposes to satisfY this requirement through an off-site "Combined" Inclusionary Housing project. The "Combined" lnclusionary Housing project, located at 3366 Roosevelt Street, would require seven (7) of the ten (10) existing apartment units to be rent-restricted and affordable to lower-income households. 19 Rev. 08102107 • Project Number: CT 05-12/CP ~1/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D Less Than Significant No Impact Impact D D D D D a) i-v) No Impact. The project includes demolishing an existing 50-unit apartment project and constructing a 35- unit condominium project and would result in an overall decrease in the need for public services. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact D D Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact D D a-b) No Impact. The project includes demolishing an existing 50-unit apartment project and constructing a 35-unit conctominium project and would result in an overall decrease in the use of existing recreational facilities. 20 Rev. 08/02/07 • Project Number: CT 05-12/CP t 1/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences XV. TRANSPORTATION/TRAFFIC-Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result; in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- out;, bicycle racks)? Potentially Significant Impact D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D Less Than Significant No Impact Impact D D D D D D D a) No Impact. The project will generate 280 Average Daily Trips (ADT) with 22 AM and 28 PM peak hour trips which is less that the 50 peak hour threshold for analyzing roadways or intersections per the SANTEC/ITE guidelines. The Traffic Generation Letter Report for the Ocean Street Residences, LOS Engineering, Inc., dated May 2, 2005 indicates that the proposed reduction of unit; from 50 existing apartments to 35 condominium units would result in a decrease of daily traffic of -120 ADT, -10 AM peak hour trips, and -12 PM peak hour trips over the existing use. This traffic will utilize the following roadways: Carlsbad Boulevard. Existing traffic on this arterial is 14,868 ADT (2006) and the 2006 peak hour level of service at the arterial intersection impacted by the project is LOS A. The design capacity of the arterial roads affected by the proposed project is 20,000 to 40,000 vehicles per day. The project traffic would represent 0.019% and 0.014 to 0.007% of the existing traffic volume and the design capacity respectively. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: LOS Rancho Santa Fe Road "A -C" El Camino Real "A-D" Palomar Airport Road "A-D" SR 78 "F" 21 Rev. 08/02/07 • Project Number: CT 05-12/CP ~ 1/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfY the emergency requirements of the Fire and Police Departments. No impact assessed. I) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The project site is located within 600 feet of Carlsbad Boulevard. North County Transit District (NCTD) provides bus service along Carlsbad Boulevard. No impact assessed. XVI. UTILITIES AND SERVICES SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 22 Potentially Significant Impact D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D Less Than Significant No Impact Impact D D D D D Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Be served by a landfill with sufficient permitted D D D ~ capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and D D D regulations related to solid waste? a-g) No Impact. The project includes demolishing an existing 50-unit apartment project and constructing a 35-unit condominium project and would result in an overall decrease in the need for utilities and services systems. The Hydrology Report indicates that the existing storm drain system adequately drains the proposed project in a I 00-year storm event. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact D D D Potentially Significant Unless Mitigation Incorporated D D D Less Than Significant No Impact Impact D D D a) Less Than Significant Impact. The proposed project will not degrade the quality of the environment. The project site does not contain any sensitive fish or wildlife species. Therefore, the project will not reduce the habitat of a fish or wildlife species. The project site is currently developed and is surrounded by existing residential development on the south and west; a tennis court to the east; and an open space lot to the north which serves as a buffer between the project site and the Buena Vista Lagoon. The site is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal community. The project will not threaten a plant or animal community. To avoid impacts to birds during the nesting season (ie., January I through August 31 for most species, including raptors), a mitigation measure is included requiring that a focused avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to tree removal in accordance with the Migratory Treaty Act (16 U.S.G. 703-712). There are no historic structures on the site and the project will not result in the elimination of any important examples of California History or prehistory. Cultural resources could be present on site, and a mitigation measure 23 Rev. 08/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences is included requiring that an archeologist and a Native American representative be present to monitor initial grading in the area identified in the geology report as undocumented till/alluvium. If archeological resources are encountered, the monitor would have the authority to temporarily halt or redirect grading, in order to document the cultural material. Paleontological resources could be present on site, and a mitigation measure is included requiring that a qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. With the proposed mitigation measures, the project will have a less than significant cumulative impact. b) Less Than Significant Impact. San Diego Association of Governments (SANDA G) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standard, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., E1 Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) Less Than Significant Impact. The existing structure was found to have materials containing asbestos, and a mitigation measure is included requiring the preparation of an asbestos investigation and mitigation report. The mitigation report will identify appropriate clean-up and disposal requirements necessary to avoid releasing asbestos into the air. Any potential impact from asbestos can be mitigated to a level less than significant. The future residential development on the site will be required to comply with all applicable federal, state, regional and City regulations, which will ensure that the development of the site will not result in an adverse impact on human beings, either directly or indirectly. Based upon the residential nature of the project and the fact that re-development of the site will comply with City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 24 Rev. 08/02/07 • Project Number: CT 05-12/CP t 1/I-IDP 05-07/CDP 05-28 Project Name: Ocean Street Residences EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. I. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City of Carlsbad Planning Department, dated March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994. 3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Department, final approval dated November 2004. 5. Draft Biological Resources Technical Report for the Ocean Street Property, Dudek & Associates, Inc., dated November 2005. 6. Archeological Resources Study-2303 Ocean Street, Affinis, dated May 2005. 7. Geotechnical Investigation-Ocean Street Condominium, GEOCON, Inc., dated September 3, 2004. 8. Phase I Environmental Site Assessment Report-2303 Ocean Street, NAC, dated October 6, 2003. 9. Hydrology Report-Ocean Street Condominium, BHA, Inc., dated May II, 2005. I 0. Water Quality Technical Report-Ocean Street Condominium, BHA, Inc., dated revised July 26, 2007, II. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992. 12. Acoustical and Ground Vibration Site Assessment -Ocean Street Residential Development, Investigative Science and Engineering, Inc., dated May 9, 2005. 13. Traffic Generation Letter Report for the Ocean Street Residences, LOS Engineering, Inc., dated May 2, 2005. LIST OF MITIGATING MEASURES (IF APPLICABLE) I. To avoid impacts to nesting birds, construction should be timed, where feasible, to avoid the bird nesting season (ie., January 1 through August 31 for most species, including raptors). However, if tree removal occurs during this time period, a focused avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to tree removal in accordance with the Migratory Treaty Act (16 U.S.G. 703-712) Construction should not commence until a qualified wildlife biologist has inspected all of the trees onsite for nesting birds. If any active nests are detected, the area will be flagged, along with a buffer ranging from 25 to 300 feet (specific width to be determined by the project biologist) and will be avoided until the nesting cycle is complete. 2. To avoid potential impacts to cultural resources, an archeologist and a Native American representative shall be retained to monitor initial grading in the area identified in the geology report as undocumented fill/alluvium. If archeological resources are encountered, the monitor shall have the authority to temporarily halt or redirect grading, in order to document the cultural material discovered. If cultural material is found and collected, it shall be curated at the San Diego Archeological Center (or other appropriate repository) or repatriated to the San Luis Rey band if they so desire. 25 Rev. 01/02/07 • • Project Number: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Project Name: Ocean Street Residences 3. To avoid potential impacts to paleontological resources, the following mitigation measures shall be implemented: a. 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. b. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. c. 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. d. The paleontologist shall make periodic reports to the Planning Director during the grading process. e. 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. f. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 4. To reduce the impact associated with the potential release of asbestos, an asbestos investigation and mitigation report shall be prepared prior to issuance of a demolition or grading permit, whichever occurs first. The mitigation report shall identify appropriate clean-up and disposal requirements necessary to avoid releasing asbestos into the air. All trash and debris within the project shall be disposed of off-site, in accordance with current local, state, and federal disposal regulations. Evidence that this measure has been implemented shall be submitted to the City of Carlsbad Planning and Building Departments prior to issuance of a Building Permit APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO TH ROJECT. 1/·11 Date - 26 Rev. 01/02/07 Page 1 of 3 PROJECT NAME: OCEAN STREET RESIDENCES APPROVAL DATE:------------- FILE NUMBERS: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6) . . Mitigation M~asure 1. To avoid impacts to nesting birds, construction should be timed, where feasible, to avoid the bird nesting season (ie., January 1 through August 31 for most species, including raptors). However, if tree removal occurs during this time period, a focused avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to tree removal in accordance with the Migratory Treaty Act (16 U.S.G. 703-712) Construction should not commence until a qualified wildlife biologist has inspected all of the trees onsite for nesting birds. If any active nests are detected, the area will be flagged, along with a buffer ranging from 25 to 300 feet (specific width to be determined by the project biologist) and will be avoided until the nesting cycle is complete. 2. To avoid potential impacts to cultural resources, an archeologist and a Native American representative shall be retained to monitor initial grading in the area identified in the geology report as undocumented fill/ alluvium. If archeological resources are encountered, the monitor shall have Explanation of Headings: Type-Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type Prior to construction or removal of trees during the bird nesting season. Prior to issuance of a grading permit. Ongoing Monitoring Shown on Verified Remarks Deoartment Plans lmolementation Planning and Engineering Departments Planning and Engineering Departments Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks =Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. • • Page 2 of 3 Mitigation Measure the authority to temporarily halt or redirect grading, in order to document the cultural material discovered. If cultural material is found and collected, it shall be curated at the San Diego Archeological Center (or other appropriate repository) or repatriated to the San luis Rey band if they so desire. 3. To avoid potential impacts to paleontological resources, the following mitigation measures shall be implemented: a. 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. b. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. c. 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. d. The paleontologist shall make periodic reports to the PlanninQ Director durinQ the grading Explanation of Headmgs: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type during grading operations. Prior to issuance of a grading permit. Ongoing during grading operations. Monitoring Department Planning and Engineering Departments Shown on Plans Verified Implementation Remarks Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other RO -Appendix P. • • Page 3 of 3 Mitigation Measure process. e. 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. f. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 4. To reduce the impact associated with the potential release of asbestos, an asbestos investigation and mitigation report shall be prepared prior to issuance of a demolition or grading permit. The mitigation report shall identify appropriate clean-up and disposal requirements necessary to avoid releasing asbestos into the air. All trash and debris within the project shall be disposed of off-site, in accordance with current local, state, and federal disposal regulations. Evidence that this measure has been implemented shall submitted prior to issuance of a Building Permit. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type Mitigation Report prior to issuance of a demolition or grading permit. Evidence of implementa -tion prior to issuance of a building permit. Monitoring Department Planning and Building Departments Shown on Plans Verified Implementation Remarks Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other RD • Appendix P. • • CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: OCEAN STREET RESIDENCES-CT 05-12/CP 05-11/CDP 05-28 LOCAL FACILITY MANAGEMENTZONE: 1 GENERAL PLAN: """RM'-'-"'-'H'------- ZONING:"""R~-3~--------------------------------------------- DEVELOPER'S NAME: :o23~0"'3'-'I.,.nv_,_,e""s-"to,..,rs"-'---"'L"-P ________________ _ ADDRESS: 1020 Prospect Street, Ste 314 La Jolla, CA 92037 PH ONE N 0.: 8 5 8-4 5 6-0014 ASSESSOR'S PARCEL N 0.: "'20,_,3'--'-0"-'1""0_.-1""2_,&,__1,_,5~-------- QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 3.05 acres/35 du's ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage= ""12"'1'-".6"-'8'-'s"'f ___ _ Library: Demand in Square Footage= ""64"-'."-'90"-'"'sf~--- 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 ADT = (Identify Trip Distribution on site plan) 35EDU 0.24 ac 127 CFS Basin A 280ADT Fire: Served by Fire Station No. = Stations No. I & 3 Open Space: Schools: Acreage Provided = N'-'-'-'1 A_,_ ____ _ Carlsbad Unified Elem = 3.14; Middle= 1.39; HS = 1.72 Sewer: Demands in EDU 35EDU Identify Sub Basin= .._1-"'G'------- (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 7 700 GPD L. The project is 0.24 units over the Growth Management Dwelling unit allowance. However, the site contains a 50-unit apartment complex which will be demolished. A total of 15 du's will be added back into the City's Excess Dwelling Unit Bank. Standard Density Arterial Setbacks Building Setbacks Permitted Intrusions into Setbacks • • PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS Requirement Comoliance Comment Per the underlying General Plan designation. A density of 8-15 units per acre is allowed under the RMH General plan Land Use designation. The project includes 35 units with a net density of 11.74 dulac. When two or more General Plan Land Use designations exist NIA within a planned development, the density may not be transferred from one general plan designation to another without a general plan amendment. All dwelling units and accessory structures adjacent to any NIA arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: Prime Arterial 50 Feet Major Arterial 40 Feet Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet An average of 50% of the required setback area that is located closest to the arterial shall be landscaped to enhance the streetscene and buffer homes from traffic on adjacent arterials. Project perimeter walls shall not be located in the landscaped buffer. The landscaped buffer shall contain a minimum of one 24" box tree for every 30 lineal feet of street frontage. This arterial landscape setback shall be commonly owned and maintained by the homeowners' association. All setbacks shall be measured from the property line, from All setbacks are measured from the the back of sidewalk or from the edge of the project driveway, property lines, from the public right-of- whichever is closest to the structure. way, or from the edge of the project driveway. Setbacks reguired: Setbacks provided: Front: 15 Feet Average (PD Ordinance) Front: 22 Feet Side: I 0 Feet (R-3 Zone) Side: II Feet Rear: 20 Feet (R-3 Zone) Rear: 20 Feet Projeoting architectural features, which do not increase the No projections extend into the setbacks useable living area of a dwelling unit, (including, but not more than 2 feet. limited to, cornices, eaves, belt courses, si11s, buttresses and fireplaces) may intrude up to 2 feet into required building setbacks. • • PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS CONTINUED Visitor Parking I. I 0 units or less: I space for each 2 units or fraction thereof. 2. II units or more: 5 spaces for the first I 0 units, plus I space for each 4 units above I 0. 3. Housing for senior citizens: I space for each 5 units. 4. In cases where a fractional parking space is required, the required number of spaces shall be rounded to the nearest highest whole number. On Private/Public Visitor parking may be provided: Streets (I) along both sides of a minimum 34-foot wide private/public street; or (2) in perpendicular bays. 12 visitor spaces are required. 12 total visitor spaces are provided; 5 spaces within the underground parking garage, and 7 exterior on-grade spaces N/A When visitor parking is provided on-street, not less than N/ A Driveways Private Streets Public Streets Parkways with Street Trees Driveway (Project) 24 lineal feet per space, exclusive of driveway entrances and aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway aprons, then 20 lineal feet may be provided. Visitor parking must be provided in parking bays Minimum 34 feet wide (curb-to-curb) with parkways (minimum 5.5' wide) and sidewalks (minimum 5' wide) on both sides of the street. Minimum 34 feet wide (curb-to-curb) with parkways (minimum 7' wide) and sidewalks (minimum 5' wide) on both sides of the street. Minimum 5.5 feet wide parkways are required along both sides of private streets. For small-lot, single-family and two-family projects, a minimum of one street tree (24- inch box) per lot is required to be planted in the parkway along all streets. For multi-family projects, street trees shall be spaced no further apart than 30 feet on center within the parkway. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. I. Minimum 24 feet wide with no parking permitted in travel way. 2. Additional width may be required for maneuvering area in front of garages, carports or uncovered parking spaces or to provide transition to a driveway approach. 3. No more than 20 single-family/two-family dwelling units shall be located along a single-entry driveway. 4. Parkways/sidewalks may be required. 5. Driveways in motor courts shall be constructed of concrete. 6. All driveways/motor courts shall be accented with enhanced pavement treatment. Visitor parking spaces are provided within perpendicular bays. N/A Ocean Street is a fully improved public street. Street trees are shown as part of the conceptual landscape plans and will be located within the r.o.w. behind the existing sidewalk on Ocean Street. The private driveway serving the project is 24 feet wide. The driveway as shown as part of the conceptual landscape plans includes enhanced paving. Dwelling Unit • • PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS CONTINUED All dwelling units shall be set back a minimum of 5 feet All units are setback 13 feet or greater Setback from Open from open parking areas. from open parking areas. Parking Screening of All open parking areas shall be screened from adjacent All open parking areas include landscape Parking Areas residences and public rights-of-way by either a view· screening. obscuring wall or landscaping. Community All projects of more than I 0 dwelling units shall provide 7,000 square feet of community Recreational Space 200 square feet of centralized, community recreational recreational space is required for the space per unit. Projects with 25 or fewer units shall project with 5,250 square feet allocated provide passive or active recreation facilities. Projects for active facilities. with more than 25 units shall provide both passive and active recreational facilities with a minimum of75 The project is providing a total of7,132 percent of the area allocated for active facilities. Projects square feet of community recreation area. of more than 50 units shall provide recreation facilities 5,875 square feet of that total is provided for a variety of age groups. Examples of recreation as active facilities. facilities include, but are not limited to, the following: Active: Swimming pool with cabana, children's Active facilities include a pool/spa area playground equipment, spa, tennis court, racquetball and clubhouse. court, volleyball court, basketball court, recreation rooms or buildings, horseshoe pits, pitch and putt, grassy play areas a minimum of I 00 feet by I 00 feet and any other facility deemed by the planning director to satisfy the intent of providing active recreational facilities. Passive: Benches, barbecues, community gardens or Passive facilities include a fire-pit area, grassy play areas with a slope ofless than 5%. barbeque area and overlook seating areas. I. Credit for indoor recreation facilities shall not exceed Credit for the I ,827 sf indoor recreation 25% of the required centralized community recreation area does not exceed 25 of the required area. community recreation area (1,750 sf max) 2. Required recreation areas shall not be located in any Recreation area is centrally located near th required front yard and may not include any driveways, northern end of the site and does not parking areas, walkways, storage areas, or any slopes o include any driveways, parking areas, 5% or greater. walkways, storage areas, or any slopes of 5% or greater. 3. For single-family or two-family projects of 50 units or N/A more, at least 25 percent of the common recreation space must be provided as pocket parks. Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially "T -intersections") and where open space vistas may be achieved. Note: These community recreational space requirements shall not apply to housing for senior citizens (refer to Chapter 21.84 of this code for common area requirements for housing for senior citizens). • • PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS CONTINUED Recreation Area I space for each 15 residential lots or fraction thereof for N/ A. All units are within I ,000 feet of Parking lots located more than I ,000 feet from a centralized the recreation area. community recreation center lot. Note: Housing for senior citizens is not required to be provided with recreation area parking. Lighting Lighting adequate for pedestrian and vehicular safety The project is conditioned to submit a shall be provided. lighting plan prior to issuance of a building permit. Utilities Separate utility systems shall be provided for each unit. All units as shown as part of the tentative map include separate utility systems. Recreational I. Required for projects with 25 or more units, Project is required to provide 700 square Vehicle Storage 2. 20 square feet per unit exclusive of area required for feet of recreational vehicle storage. driveways and approaches. 3. Developments located within master plans or I ,012 square feet of recreational vehicle residential specific plans may have this requirement storage area is provided within the met by the common RV storage area provided by the underground parking garage. The master plan or residential specific plan. provided area is for the storage of 4. The storage of recreational vehicles shall be personal recreational vehicles including, prohibited in the front yard setback and on any public but not limited to, kayaks, surf boards, or private streets or any other area visible to the motorcycles, etc. public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be landscaped to screen vehicles to the maximum extent feasible. Note: Housing for senior citizens is not required to be provided with recreational vehicle storage. If no RV storage is provided for housing for senior citizens, the CC&Rs for the project shall clearly specifY that RV storage is not available. Storage Space 480 cubic feet of separate storage space per unit. If all Storage areas of at least 400 cubic feet are storage for each unit is located in one area, the space may provided for each unit either within the be reduced to 392 cubic feet. This space shall be underground parking garage or at ground separately enclosed for each unit and be conveniently level for the lagoon level units. accessible to the outdoors. The space may be designed as an enlargement ofthe required covered parking structure provided it does not extend into the area of the required parking stall. This requirement is in addition to closets and other indoor storage areas. Antennas Each project shall have a master antenna and/or a cable Time Warner Cablevision will provide television hookup. Antennas are permitted subject to the cable service to the project. provisions of Chapter 21.53 of this code and any applicable federal regulations. Standard Livat>le Neighborhood Policy_ Maximum Lot Coverage Maximum Building Height Minhnum Building Setbacks Private or public street (Il Driveway (Project) Architectural Design Elements Minintum Building SeparMion Resident Parking • • PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E· MULTIPLE-DWELLING DEVELOPMENT STANDARDS Requirement Compliance Comment Must comply with City Council Policy 66, Principles for Project complies. the Development of Livable Neighborhoods. See attached City Council Policy 66 Compliance Table. 60% on a project basis. 47% coverage. Per the Beach Area Overlay Zone (BAOZ) the maximum 30 feet or less building height. building height is 30 feet and two stories provided that a Roof pitch is greater than 3:\2. minimum 3: 12 roof pitch is provided. I. To front porch: II feet. 2. To residential structure: 15 foot average.(2) 3. To street side yard: I 0 feet. All units are setback 22 feet or 4. To side entry garage: 10 feet. greater from Ocean Street. 5. To direct entry garage: 20 feet. I. Residence: 8 feet, fully landscaped. I. Garage: 5 feet. All units are setback 8 feet or 2. Garages facing directly onto a driveway shall be greater from the private equipped with an automatic garage door opener. driveways. I. There shall be at least 3 separate building planes on all All building elevations include building elevations. The minimum offset in planes shall 3 or more building planes. be 18 inches and shall include but not be limited to building walls, windows and roofs. 2. Building facades shall incorporate a minimum of four of Building facades as shown as the following types of design elements: part of the architecture elevations include four or more a. Covered front porches (may count toward meeting design elements that include: recreation space requirements); covered front porches, variety b. A variety of roof planes; of roof planes, recessed c. Windows and doors recessed a minimum of2 inches; windows and doors, paned d. Paned windows and doors; windows, exposed rafter tails e. Exposed roof rafter tails; and beam ends, window and f. Window and door lintels; door lintels, accent and varied g. Dormers; shaped windows, exterior wood h. Accent and varied shape windows; elements, accent materials i. Exterior wood elements; (siding, stone and shingles), and j. Raised stucco trim around windows and doors; knee braces. k. Accent materials such as brick, stone, shingles, wood or siding; and I. Knee braces. 20 feet average with a minimum of I 0 feet between N/ A. All structures are structures. No structures (i.e., stairs, stairwells, balconies, considered attached. etc.) are permitted to encroach into this setback. I. One 12 feet x 20 feet car garage and I covered or 70 parking spaces are required uncovered space per unit (BAOZ) for resident parking. 2. Studio units-1.5 spaces; I covered per unit. 3. Housing for senior citizens: 1.5 covered spaces per unit, 70 spaces are included within plus I covered space for an onsite manager's unit (when the underground parking garage provided). for resident parking. • • PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E· MULTIPLE DWELLING DEVELOPMENT STANDARDS CONTINUED - Visitor Parking I. I 0 units or less: I space for each 2 dwelling units or 12 visitor spaces are required. fraction thereof. 2. II units or more: 5 spaces for the first I 0 units, plus I 12 total visitor spaces are space for each 4 dwelling units above 10. provided; 5 spaces within the 3. Housing for senior citizens: I space for each 5 underground parking garage, dwelling units. and 7 exterior on-grade spaces 4. Visitor parking spaces must be located no more than !50 ft. as measured in a logical walking path from the entrance of the unit it could be considered to serve. 5. Visitor parking must be provided in parking bays. Compact Parking For projects of more than 25 units, up to 25 percent of 3 compact visitor spaces are visitor parking may be provided as compact spaces (8 provided (25%). feet by 15 feet). No overhang is permitted into any required setback area or over sidewalks less than 6 feet wide. Up to 55% percent of visitor parking may be provided as compact spaces in the BAOZ. Recreational Space Private I. Projects of 1-10 dwelling units: 15 ft. x 15 ft. patio or All units are provided with 120 square feet of balcony area. either a I 0 ft. xi 0 ft. patio or a 2. Projects of more than I 0 dwelling units: I 0 ft. x I 0 ft. 6 ft. xI 0 ft. balcony. patio or 6 ft. x I 0 ft. balcony. Cornmon I. Projects of more than I 0 dwelling units: See General The project is providing 7,132 Standards, Table C. square feet of community recreation area that includes a pool/spa area, clubhouse, fire- pit, barbeque area, and overlook seating areas. (I) Setbacks are applicable to streets that mclude parkways and stdewalks along both stdes. For existing streets without parkways, the front setback shall be as follows: Front porch -16 feet, residence -20 foot minimum, side-entry garage - I 0 feet, direct entry garage -20 feet. (2) The average front yard setback is determined by adding together all of the unit front yard setbacks (the setback for each unit should be measured from that element of each building, excluding projections, that is located closest to the front property line) and dividing that total by the total number of project units. • • CITY COUNCIL POLICY 66-LIVABLE NEIGHBORHOODS Principle Compliance Comments I Building Facades, Front Entries, Porches Facades create interest and character and should be varied and Front porches and balconies have been articulated to provide visual interest to pedestrians. Clearly provided to comply with this standard. identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. 2 Garages Homes should be designed to feature the residence as the The project is designed with an prominent part of the structure in relation to the street. A variety of underground parking garage. garage configurations should be used to improve the street scene. This may include tandem garages, side-loaded garages, front- loaded garages, alley-loaded garages and recessed garages. 3 Street Design An interconnected, modified (grid) street pattern should be The project fronts on existing Ocean incorporated into project designs when there are no topographic or Street which will provide both environmental constraints. Interconnected streets provide vehicular and pedestrian connectivity. pedestrians and automobiles many alternative routes to follow, Internal project circulation is via a disperse traffic and reduce the volume of cars on any one street in private driveway system. the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cui- de-sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. 4 Parkwa~s Street trees should be planted in the parkways along all streets. Street trees are shown on the conceptual Tree species should be selected to create a unified image for the landscape plans along the existing street, provide an effective canopy, avoid sidewalk damage and Ocean Street frontage. minimize water consumption. 5 Pedestrian Walkwa~s Pedestrian walkways should be located along or visible from all The project is providing multiple streets. Walkways (sidewalks or trails) should provide clear, sidewalk connections to the existing comfortable and direct access to neighborhood schools, sidewalk improvements along the parks/plazas and transit stops. Primary pedestrian routes should be Ocean Street frontage. bordered by residential fronts, parks or plazas. Where street connections are not feasible (at the end of cui-de-sacs), pedestrian paths should also be provided. • 6 Centralized Community Recreation Areas Park or plazas, which serve as neighborhood meeting places and as recreational activity centers should be incorporated into all planned unit developments. As frequently as possible, these parks/plazas should be designed for both active and passive uses for residents of all ages and should be centrally located within the project. Parks and plazas should be not be sited on residual parcels, used as buffers from surrounding developments or to separate buildings from streets. • The project is providing 7,132 square feet of community recreation area that includes a pool/spa area, clubhouse, fire-pit, barbeque area, and overlook seating areas. N. . fD •. ottce o etermtnatton 0 1 4 4 3 5 To: Office ofPianning and Research P.O. Box 3044 From: CITY OF CARLSBAD Sacramento, CA 95812-3044 SD County C lerk Attn: Anthony J. Consul Mail Stop A-33 Planning Department [F ~ lL ~ [Q)1635 Faraday Avenue Carlsbad CA 92008 Gregory J. Sm1th Recorder'Countv Cler1< ' (760) 602-4600 MAR 1 0 Z008 1600 Pacific Highway San Diego, CA 921 0 1 llY. D Fi ckess DEPUTY ~ '2.~ Project No: CT 05-12/CP 05-11 /CDP 05-28 ~ qDel>a~n\ \'\ann'" Ci~ o\ Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Publiccat\5'oa\\ Resources Code. OCEAN STREET RESIDENCES Project Title 2007111102 City of Carlsbad, CA (Barbara Kennedy) State Clearinghouse No. Lead Agency, Contact Person 2303 Ocean Street Carl sbad, CA San Diego County CAPN 203-010-12 & 15) Project Locations (include County) Name of Applicant: Timothy Clark, 2303 Investors, LP Applicant's Address: 1020 Prospect Street, Ste 314 La Jolla, CA 9203 7 Applicant's Telephone Number: (858) 456-0014 (760) 602-4626 Telephone Number Project Description: Tentative Tract Map, Condominium Permit, and Coastal Development Permit to demoli sh an existing 50-unit apartment complex and to subdivide the 3.05 acre site and construct 35 residential air-space condominium units on one HOA lot. This is to advise that the City of Carl sbad has approved the above described project on March 5, 2008, and has made the following determination regarding the above described project. I. The project will not have a significant effect on the environment 2. 0 An Environmental Impact report was prepared for thi s project pursuant to the provisions ofCEQA. [gl A Mitigated Negative Declaration was prepared for thi s proj ect pursuant to the provisions ofCEQA. 0 This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions ofCEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. Thi s is to certify that the final Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. ~ Yfet~ 3 -7-08 DON NEU, Planning Director Date Date received for filin g at OPR: Revised December 2004 .Gregory J. Smith - COUNTY OF SAN DIEGO ASSESSOR /R ECO RD ER /COUNT Y CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Room 103 San Diego, CA 92101-2480 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Room 260 Tel. (619)236-377 1 • Fax (619)557-4056 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 • Fax (619)557-4155 Transaction #: 1723968200803 10 Deputy: DFICKESS Location: COUNTY ADMTNISTRA TION BUILDING 10-Mar-2008 14:06 FEES: 1,876.75 Qty of I Fish & Game Neg Dec (1800) 50.00 Qty of I Fish and Game Filing Fee 1,926.75 TOTAL DUE PAYMENTS: I ,926. 75 Check ------ 1,926.75 TENDERED We arc pleased to announce that beginning March 3rd, we will begin recording real estate documents at our Kearny Mesa office located at 9225 Clairemont Mesa Blvd. SERVICES A V AJLABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings (Except in Kearny Mesa) SERVICES AVAILABLE ON-LINE AT www.sda rcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * Weddings on the Web * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents BRANCH OFFICES AVAILABLE TO SERVE YOU Monday through Friday 8:00 a.m. -5:00 p.m. CHULA VISTA 590 Third Avenue Chula Vista, CA 919 10-2646 (619) 498-2277 Saturdays at the Kearny Mesa Office 9:00a.m. -3:00p.m. ELCAJON 200 South Magnolia Ave. El Cajon, CA 92020-3316 (619) 401-5750 KEARNY MESA 9225 Clairemont Mesa Blvd. San Diego, CA 92123-121 1 (858) 505-6226 SAN MARCOS 141 E Carmel Street San Marcos, CA 92078-4309 (760) 940-6858 STATE OF CALIFORNIA -.RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT • *342920* Lead Agency: City of Carlsbad Date: 03/10/2008 County/State Agency of Filing: San Diego Document No.: 014435 ------~--------------------------------Project Title: Ocean Street Residences Project Applicant Name: _T __ im___.:o...:..th_.:.y--C..:...;.:Ia...:..rl< ___________________________________ _ Project Applicant Address: 1020 Prospect Street #314 City La Jolla State _C_A __ _ Zip Code _9_2_03_7 __ _ Phone Number: (858) 456-0014 Project Applicant (check appropriate box}: o~~~o~~o~~~o ~~0~~ Check ADcable Fees: Environmental Impact Report IZJ Negative Declaration $2,606.75 $ ______ _ $1,876.75 $ __ ___;1..:..:,8--76..:..:.--75---0 Application Fee Water Diversion (State Water Resources Control Board Only) 886.25 $ _____ _ D ~ Projects Subject to Certified Regulatory Programs County Administrative Fee Project that is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination t. I Signature and title of person receiving payment: w-iiTE -PROJECT APPLICANT YELLOW-OFGIFASB PINK • LEAD AGENCY s ______ _ s5o.oo s ____ __;;5;.:;.o:.;..o.::...o _ $ 1926.75 ------ Deputy GOlDENROD-COUNTY CLERK DFG 753 58 (Rev. 1108) *342920* llllllllllllllllllllllllllllllllllllllll CASE NAME: CASE NO: PROJECT LOCATION: -• City of Carlsbad • :a tau u • ;t.' ·I·'' rc; .au IS) MITIGATED NEGATIVE DECLARATION Ocean Street Residences CT 05-1 2/CP 05-11 /CDP 05-28 :ry J. Smitfl. Recorder/County Clel1< MAR 1 0 2008 D. Fickess The north side of Ocean Street and west of Moontain Yie.w~me...at 2303 Ocean Street, Carlsbad, CA (APN 203-010-1 2 and -15) DEPUTY PROJECT DESCRIPTION: The 3.05 acre site is currently developed with 50 apartment units. Existing detached single-family and condominium development is located to the south and west of the site, a tennis court is located to the east of the site; and an open space lot, single-family residence and Buena Vista Lagoon are located to the north ofthe site. The proposed project includes a Tentative Tract Map (CT 05-12), Condominium Permit (CP 05-11 ), and Coastal Development Permit (COP 05-28) for the demolition of the existing apartments and construction of a new 35-unit airspace condominium project with underground parking. Grading for the project includes 13,200 cy of cut, 5,800 cy of fill, and 7,400 cy of export. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad fi nds as fo llows: [8J Although the proposed project could have a significant effect en the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the proj ect. D The proposed proj ect MAY have "potentiall y significant impact(s)" on the environment, but at least one potentially significant impact I) has been adequately analyzed in an earlier document pursuant to applicable legal standard s, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). D Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because a ll potentially significant effects (a) have been analyzed adequate ly in an earl ier ENVI RONMENTAL IMPACT RE PORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to th at earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Mitigated Negative Declaration is on file in the Planning Departm ent, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: March 5, 2008, pursuant to Planning Commission Resolution No. 6393 ATTEST: ~L:k DONNEU Planning Director eot..tv ~~FlT~~ol~UNTY CLERK MAR 1 0 20!!_Removed APR 1 0 2lli1r. APR 1 0 700u D.~ess--- 1635 Faraday Ave nue • Carlsbad , CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.c i.carlsbad.ca.us (i} January 29, 2008 Dave Singleton Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95814 SUBJECT: COMMENTS ON THE MITIGATED NEGATIVE DECLARATION FOR THE OCEAN STREET RESIDENCES PROJECT IN THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA (SCH# 2007111102; OCEAN STREET RESIDENCES) . Thank you for your comment letter dated December 14, 2007 on the Mitigated Negative Declaration (MND) for the Ocean Street Residences project located north of Ocean Street and west of Mountain View Drive at 2303 Ocean Street in Carlsbad, California. The development proposal consists of the demolition of the existing 50-unit apartment complex and the construction of a new 35-unit airspace condominium project with underground parking. As a part of the proposal and Archaeological Resources Study, dated May 2005, was conducted for the subject property that consisted of a survey to assess the presence of cultural resources that would be affected by the proposed project. Pursuant to the study, no historic or archaeological resources were identified during the site reconnaissance or within the background research. However, given the proximity of the subject site to the lagoon and another previously identified cultural resource in the general vicinity, there is a potential for subsurface cultural resources. As a result, Mitigation Measure No. 2 was included to avoid potential impacts to cultural resources. The mitigation measure requires that an archaeologist and Native American representative be retained to monitor initial grading in the area identified in the geology report as undocumented fill/alluvium. If you have any questions, please contact me at 760-602-4626. ~~~ BARBARA KENNEDY, AICP Associate Planner BK:sm 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <!) January 29, 2008 Greg Holmes Department of Toxic Substances Control 5796 Corporate Avenue Cypress, CA 90630 SUBJECT: COMMENTS ON THE MITIGATED NEGATIVE DECLARATION FOR THE OCEAN STREET RESIDENCES PROJECT IN THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA (SCH# 2007111102; OCEAN STREET RESIDENCES) Thank you for your comment letter dated December 21, 2007 on the Mitigated Negative Declaration (MND) for the Ocean Street Residences project located north of Ocean Street and west of Mountain View Drive at 2303 Ocean Street in Carlsbad, California. The development proposal consists of the demolition of the existing 50-unit apartment complex and the construction of a new 35-unit airspace condominium project with underground parking. As a part of the proposal a Phase I Environmental Site Assessment Report (ESA), dated October 6, 2003, was conducted for the subject property concerning the environmental conditions as they exist on the property. Pursuant to the Phase I ESA, no current or historic uses that may have resulted in any release of hazardous materials were encountered during the site reconnaissance, database/record research, or reported during interviews with representatives of the public, property management and regulatory agencies. The Phase I ESA concluded that suspect and previously confirmed asbestos containing materials were observed at the subject property. As a result, Mitigation Measure No. 4 was included to reduce the impact associated with the potential release of asbestos. The mitigation measure requires that an investigation and mitigation report be prepared prior to the issuance of a demolition or grading permit that will identify appropriate clean-up and disposal requirements necessary to avoid releasing asbestos into the air. The mitigation measure also requires that all trash and debris within the project shall be disposed of off-site, in accordance with current local, state and federal disposal regulations. Evidence that the mitigation measure has been implemented shall be submitted prior to the issuance of a Building Permit. If you have any questions, please contact me at 760-602-4626. Sincerely, ~~ Associate Planner BK:sm 1635 Faraelay Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!} ..... STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT ARNOLD SCHWARZENEGGER GOVERNOR CYNnnA BRYANT DIRECTOR December 27,2007 Barbara Kennedy City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Ocean Street Residences CT 05-12/CP 05-11/HDP 05-07 /CDP 05-28 SCH#: 20071111 02 Dear Barbara Kennedy: DEC 2007 Planning De~ rtment City of Carlsbad The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on December 26, 2007, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pw·suant to the California Environmental Quality Act. Please call the State Clearinghouse at (9 16) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, ~~~ Terry Roberts Director, State Clearinghouse 1400 lOth Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov • Document Details Report ... State Clearinghouse Data Bas• SCH# 2007111102 Project Title Ocean Street Residences CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Lead Agency Carlsbad, City of Type Description MN D Mitigated Negative Declaration The 3.05-acre site is currently developed with 50 apartment units. Existing detached single-family and condominium development is located to the south and west of the site; a tennis court is located to the east of the site; and an open space lot, single-family residence, and the Buena Vista Lagoon are located to the north of the site. The proposed project includes a Tentative Tract Map (CT 05-12), Condominium Permit (CP 05-11 ), Hillside Development Permit (HOP 05-07), and Coastal Development Permit (COP 05-28) for the demolition of the existing apartments and construction of a new 35-unit airspace condominium project with underground parking. Grading for the project includes 13,200 cubic yards of cut, 5,800 cubic yards of fill, and 7,400 cubic yards of export. Lead Agency Contact Name Agency Phone email Address Barbara Kennedy City of Carlsbad (760) 602-4626 Fax City Planning Department 1635 Faraday Avenue Carlsbad State CA Zip 92008 Project Location San Diego Carlsbad County City Region Crass Streets Parcel No. Township 2303 Ocean Street (Ocean Street/Mountain View Drive) 203-010-12, 15 Range Proximity to: Highways 1-5 Airports McClellan/Palomar Railways NCTD Waterways Pacific Ocean and Buena Vista Lagoon Schools Carlsbad Unified School District Land Use 50-unit apartment project Section Zoning: R-3/BAOZ (Multi-family residential w/Beach Area Overlay Zone) General Plan: Residential Medium-High Density (RMH 8-15 dulac) Base Project Issues Archaeologic-Historic; Coastal Zone; Cumulative Effects; Toxic/Hazardous; Wildlife Reviewing Resources Agency; Regional Water Quality Control Board, Region 9; Public Utilities Commission; Agencies Office of Historic Preservation; Department of Fish and Game, Region 5; Department of Water Resources; California Coastal Commission; California Highway Patrol; Caltrans, District 11; Department of Toxic Substances Control; State Lands Commission; Caltrans, Division of Aeronautics; Department of Parks and Recreation; Native American Heritage Commission Date Received 11/26/2007 Start of Review 11/26/2007 End of Review 12/26/2007 Note: Blanks in data fields result from insufficient information provided by lead agency. ~ Cit of Carlsbad ------~----,JL---~-- CASE NAME: CASE NO: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION OCEAN STREET RESIDENCES f ll lL [E lQ) Gregory J Smith. Recorder/CoLJnty Cler1< NOV 2 8 2007 A. Consul CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 ''--- PROJECT LOCATION: Th h 'd f 0 S f . . . nEPUT' e nort s1 e o cean treet and west o Moun tam V 1ew Dnve at 2303 Ocean Street. Carlsbad. CA (APN 203-010-12 and -15) PROJECT DESCRIPTION: The 3.05 acre site is currently developed with 50 apartment units. Existing detached single-family and condominiwn development is located to the south and west of the site, a tennis court is located to the east of the site; and an open space lot, single-family residence and Buena Vista Lagoon are located to the north of the site. The proposed project includes a Tentative Tract Map (CT 05-12), Condominium Permit (CP 05-11 ), Hillside Development Permit (HDP 05-07), and Coastal Development Permit (CDP 05-28) for the demolition of the existing apartments and construction of a new 35-unit airspace condominiwn project with underground parking. Grading for the project includes 13,200 cy of cut, 5,800 cy of fill, and 7,400 cy of export. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (I) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. PUBLIC REVIEW PERIOD November 23. 2007 through December 22. 2007 PUBLISH DATE November 23. 2007 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <!) - PROOF OF PUBLICATION (201 0 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California , for th e City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: November 23rd, 2007 i certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 23rd, day of November, 2007 ~~ Jane Allshouse NORT H COUNTY TIMES Legal Advertising This space is f .. County Clerk 's Filing Stamp Proof of Publication of 0c.!~ ;~~~-~ PROJECT DESCRIPnON: The 3 05 acre SltQ.Is cur· rentiY. developed w1th 50 apartment units. Ex1stong detaChed smgfe-fam•ly and condooumum development IS located to the south aild west of the srte, a tennos court IS lqcated to the east of Vl& srte; end an open space lot, Slngle-famoly residence and Buena VISta LaQOO!l are Jo. cafed to t.he north of the site. The propol!_ed protect oncludes a Tentatove Tract Map (CT 05-12), conoomini-um Permot (CP 05·1 1l· Hllls.ode Development Permot IHOP 05-07). and Coas al Development Pemut (COP 05· 28) for the demoh~on of the exostong apartments and con· structoon of a new 35-unit alr ace condominiu~>rolect with underground parking rading for the_proecf In· eludes 13,200 cy of cut, 5. cy orfoll, and 7,• cy of export PROPOSED DETERMINATION: The C1tv of Carlsbad has conducted an environmental review of the above de-scnbed project pursuant to the Guidelines for lmplemen· tation ortM Cafofornia Environmental Ouahty Act and the Environment. at Protection Ordinanc, of the Cllt"i of Oartsbad. As a rasu~ ol saod review, the 1nitlal study EIA Part 2) ident1foed potentiallY s~noficant effects on tile en· voronment. but (1) revisions 1 the prOJect plans or pro-posals made by! or agreed to lY, the apphcanl before the proposed nega' ova creclaratiori and 11'1111!11 studv are re· leased foe public review would avoid the elfects or motogate the effects to a poont where clearty no !!Qnohcent effect on the envoronment would occur. lind (2) there Is no substantJal evidence 1n loght of the whole record be-tore the Crtv that the projecl ·as revised' may have a S~gnoflcant effect on th4i enVironment. Therefort. a Miti-gated N~tiva Declaration wtd be recommended for adop~ tiy the C•ty of Carlsbad Planning CornmoSSIOI'I A cop. •Y of the inot•al study (EIA Part 2) documentornea· sons ro suJ!P.9rl the prooOSed M!!ogatild Negatove Ia-rauen is on tole 1n the Planning ~rtmenf, 1635 era-day Avenue Carlsbad Califbmia 92008 COmments frotn the publoc are 1nvoted. Please submit comments on ~~"§f ~i~ no':~~ning Department wothon 30 days of the The pr~ prOJBCt and Motooated N~a~ve Declare· !r' are subtect to revteW ~~ ipproyal'adootiOfl by the A~,g~~~~ ~~~~~lli'bfl= ~~n 9h'Xse~~~ hearongs are scheduled If you have anv. questions, please call Barbara Kennedy ul the Plann•ng Department at (760) 602-4626 PUBLIC REVIEW PERIOD~~~ PUBLISH DATE November~~fth~ NOTICE OF PUBLIC HEARINCA\N DIEGO COUNTY CLERK of ta.POARD OF .tllJ:*' Mail to: Public Notice Hearin!P,Mailstop A-45, Room 402, 1600 Pacific High~, Sao Diego, CA'l~"F' 1• ;;'-/. c>~ Response must be received by: March 4, 2008 Public Hearing Date: ---:c-::-:-:-'M"'"ar~c:"h,_,5~2"'0'=0"'8=:-::------,---::--,--:-=:-=--:::--::---,---,------,--,-,-,-,------------ Public Hearing Place: ---"12'::'0'."0-'C<.!.ARL,.,"'S!!;Bu;AD~_yV.!!IL='L:!.A~G~E~D~RI>!.V_y_E£,...!C"'ARL~boS;uB21AD~ . ...!Cd.AL:>!=liF£\dO~R~Nl!!.A~.,_;9!-"2.l.!0!!!08L-_________ _ Public Hearing Time: __,_6:,0,0-"".m""-. ---------------------------------- Project Title: OCEAN STREET RESIDENCES CT 05-12/CP 05-11/CDP 05-28 and ROOSEVELT ST. RESIDENCES-SDP 06-10 Lead Agency: CITY OF CARLSBAD -PLANNING Contact Person: __ B"""arb"""ar"'a"'K"'e"'nn"""ed..,y'----------- StreetAddress: 1635 FARADAY AVENUE Phone: "(7'-'6""0'-') 6""0,.2c:::-4<><6::2,6-,----------------- City: CARLSBAD Zip: 92008 County: SAN DIEGO COUNTY County: San Diego City/Nearest Community: _C"""ar"Is.,b,.a.,.d'----.,.-----,---------------=--:---,---- Cross Streets: 2303 Ocean Street (Ocean St./Mountain View Dr.) Total Acres: 3.05 acres Assessor's Parcel No. 203-010-12 & 15 Within 2 Miles: State Hwy #: __.1:2. Waterways: _P,_a,.,c"'i"'fi"'c-"O"'c"'e,.an....,.an..,d._.,B,.u,.ena..,_V"-"is.,ta,_La,.,.,g,.,o"'o"'n'-.,.....-,---,-,----------- Airports: McCLELLANIP ALOMAR Railways: NCTD Schools: Carlsbad Unified School District nOciiM'EN'Ti'Y:i>i;··· -..................... ·-... . ....... . CEQA: 0 NOP 0 Supplement/Subsequent NEPA: D NO! D EA OTHER: 0 Joint Document 0 Final Document 0 Early Cons 0 EIR (Prior SCH No.) 0 Neg Dec [8J Other: Mitigated Neg Dec 0 DraftEIR i'OCAi .. ACTION .. iiTE·;················HH·-································ ... ···············-··· 0 General Plan Update 0 General Plan Amendment 0 General Plan Element 0 Community Plan 0 Specific Plan 0 Master Plan D D Planned Unit Development Site Plan ................................ -......................................................................................................................... .. DEVELOPMENT TYPE: 0 Residential: 0 Office: 0 Commercial: 0 Industrial: 0 Educational: 0 Recreational: Units 35 Sq. Ft. Sq. Ft. Sq. Ft. Acres 3.05 Acres Employees Acres Employees Acres Employees D D D 1:8:1 0 DraftEIS D FONSI Rezone Prezone Use Penrlit Land Division (Subdivision, Parcel Map, Tract Map, etc.) D Water Facilities: D Transportation: D Mining: D Power: D Waste Treatment: D Hazardous Water: D Other: 0 Other: ____ _ D Annexation D Redevelopment 1:8:1 Coastal Permit 1:8:1 Other: Condo Permit Type_ MGD Type Mineral Type Watts Type Type i>'ROiEcTissuEsniscussin·m·oociiM'Ei'iT;· ........ _.... ·---·-.. --....................... ____ ········-.............. ........................................ . D AestheticNisual D Flood Plain/Flooding D Schools/Universities D Water Quality D Agricultural Land D Forest Land/Fire Hazard D Septic Systems D H20 Supply/Ground H20 D Air Quality D Geological/Seismic D Sewer Capacity D Wetland/Riparian 1:8:1 ArchaeologicaVHistorical D Minerals D Soil Erosion/Compaction/Grading 1:8:1 Wildlife 1:8:1 Coastal Zone D Noise D Solid Waste D Growth Inducing D Drainage/ Absorption D Population!Hsg. Balance 1:8:1 Toxic/Hazardous D Land Use D EconomidJobs D Public Services/Facilities D TraffidCirculation 1:8:1 Cumulative Effect D Fiscal D Recreation/Parks D Vegetation D Other: PreseO:ii:&o:li· u><;soun;ia:j)iirtffi;;;}i!lra]eci··· · -···································· ···································· ····································· Zoning: R-3/BAOZ (Multi-family residential w/Beach Area Overlay Zone) General Plan Land Use Designation: Residential Medium-High Density (RMH 8-15 dulac) i'<6iec!.riescriilti60:;Tii-e·J:osa:;;;:;;;;;t;;;s-;;~-.;;u;;'d;;;;;;!;;!>;;d:;;!hso·a:;;;;;:;;;;;;;u;;;l8: -Tii~l>;:;;;;c;s;;<iilro]ecl;;;;;i;;<i;;·;; .. a::r;;o:;a:;;~~ ... Tract Map (CT 05-12), Condominium Permit (CP 05-11), and Coastal Development Permit (CDP 05-28) for the demolition of the existing apartments and construction of a new 35-unit airspace condominium project with underground parking. Grading for the project includes 13,200 cy of cut, 5,800 cy of fill, and 7,400 cy of export. A separate, but related project includes interior and exterior upgrades for an existing I 0-unit apartment project located at 3366 Roosevelt Street, Carlsbad, CA. The Roosevelt Street Residences (SOP 06-10) project is proposed as an off-site "Combined" Inclusionary Housing project which will be used to satisfy the City's affordable ho_11_sing requirement for the Ocean Street Residences project. The affordable housing project is Categorically Exempt, Class I, Section 15301-Existing Facilities. Where documents art located for Public Review: Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008 August 2006 • STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH ARNOLD SCHWARZENEGGER GOVERNOR January 8, 2008 Barbara Kennedy City of Carlsbad Plaru1ing Department 1635 Faraday Avenue Carlsbad, CA 92008 STATE CLEARINGHOUSE AND PLANNING UNIT Subject: Ocean Street Residences CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 SCH#: 2007111102 Dear Barbara Kennedy: P JAN 2ooa 'lannnno " epar+-Ctty ot ·u,tent Carts baa The enclosed conunent (s) on your Mitigated Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on December 26, 2007. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your fmal environmental document. CYNTHIA BRYANT DIRECTOR The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project, please refer to the 'ten-digit State Clearinghouse number (20071111 02) when contacting this office. Sincerely, ·~~Z-. Senior Planner, State Clearinghouse Enclosures cc: Resources Agency 1400 lOth Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov • &TAT§ OF G"' 'fP"""A NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOII364 SACRAMENTO, CA 95814 (916)653-«!51 Fax(916}657~ Web Site www nahc ca oov e-mail: ds_nahc@pacbell.net Ms. Barbara Kennedy CITY OF CARLSBAD 1635 Faraday Avenue Ca~sbad, CA 92008 December 14, 2007 • Arnnltl §ehwwzMMSJ• Gqyeraqr Re: SCHf20071111 02· CEQA Nptice of Cprppletjon· eroposecl Mitigated Negatiye Declaration> for Ocean Street Residence CT 05-12/CP 05-11/HDP 05-07/CPP 05-28· City of Carlsbad· San Diego Countv California Dear Mr. Kennedy: The Native American Herilage Commission is the s-agency designated to protect California's Native American Cultural Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per CEQA guidelines§ 15064.5(bXc). In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impect on these resources within the 'area of potential effect (APE)', and if so, to mitigate that effect To adequately assess the project-related impacts on historical resources, the Commission recommends the following action: -1 Contact the appropriate California Historic Resources Information Center (CHRIS). Contact information for the Information Center nearest you is available from the State Office Of Historic Preservation (916/653-7278)/ http://www.ohp.parks ca gov/1Q68!!jles/IC%20Roster.pdf The record search will determine: • If a pert or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recotded in or adjacent to the APE. • If the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to detarmine whether previously unrecorded cultural resources are present. .J If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation me.urers should be submitted immediately to the planning department All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure. • The final written report should ba submitted within 3 months after work has bean completed to the appropriate regional archaeological Information Center . .J Contact the Native American Herilage Commission (NAHC) fo~ • A Sacred Lands Fie (SLF) search of the project area and information on tribal contacts in the project vicinity that may have additional cultural resource information. Plaasa provide this office with the following citation format to assist with the Sacred Lands File search request USG§ 7 5-mjnyte gyadrangle cjtatjon \1\rflh name township @09' and section· • The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. The NAHC recommends that contact be made with Native American Cgntagts gn tho attacbod ljll to get their input on potential project impect (APE). In some cases, the existence of a Native American cultural resources may be known only to a local lribe(s) . .J Lack of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of ac:ddentally discovered archeological resources, per California Environm!lntal Quality Act (CEQA) § 15064.5 (I). In areas of identified archaeoiOjjcal sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowladge in cultural rasources, should. monitor all grOIJild.dii!IIJlng activities. • Leed agencies should indude 1n ·their ~n pial) pro)lisions for the diap!)eition of recov•red •rtitacts, in consultation with pulturally,~.~eAme!ieans. . . , . . · . .J Lead agencies should indude provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. • CEQA Guidelines, Section 15064.5(d) requires the lead ~~gency to work with the Native Americans identified by thiS CommiSsion if tha Initial Study identifies the presence or fikely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the • • NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. v Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the CEQA Guidelines mandate procedures to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. v Lead agencies should consider avoidance as defined in§ 15370 of the CEQA Guidelines when significant cuHural resourcea are c:lscovered during the course of project !l!anning and implementation Please feel free to contact me at (916) 653-6251 if you have any questions. ~ Program Attachment List of Native American Contacts Cc: State Clearinghouse Native American Contacts Aian Diego County • ~mber 14, 2007 Ewiiaapaayp Tribal Office Harlan Pinto, Sr., Chairperson PO Box 2250 Kumeyaay Alpine , CA 919()3.2250 wmicklin@leaningrock.net (619) 445-6315-voice (619) 445-9126-fax Manzanita Band of Kurneyaay Nation Leroy J. Elliott, Chairperson PO Box 1302 Kumeyaay Boulevard , CA 91905 {619) 766-4930 (619) 766-4957 Fax San Pasqual Band of Mission Indians Allen E. Lawson. Chairperson PO Box 365 Diegueno Valley Center , CA 92082 (760) 749-3200 (760) 749-3876 Fax Kumeyaay Cultural Historic Committee Ron Christman 56 Viejas Grade Road Diegueno/Kumeyaay Alpine , CA 92001 (619) 445-0385 Campo Kurneyaay Nation H. Paul Cuero, Jr., Chairperson 36190 Church Road, Suite 1 Kurneyaay Campo , CA 91906 chairgoff@aol.com (619) 478-9046 (619) 478-5818 Fax Mesa Grande Band of Mission Indians Mark Romero, Chairperson P.O Box 270 Diegueno Santa Ysabel , CA 92070 mesagrandeband@msn.com (760) 782-3818 (760) 782-9092 Fax Kwaaymii Laguna Band of Mission Indians Carmen Lucas Viejas Band of Mission Indians Bobby L. Barrett, Chairperson POBox908 Diegueno/Kumeyaay P.O. Box ns Diegueno- Alpine , CA 91903 daguilar@viejas-nsn.gov (6'f9) 445-3810 (619) 445-5337 Fax Thlsllslls ~-only • ollhe-ollhla document. Pine Valley , CA 91962 (619) 709-4207 Distribution ollhlallsl--nollevellfiY poormn ol-.ory reepon8lblllly • defiMdln Section 7050.5 ollhe-and Selety Code, Section 51187.114 ollhe Public -eo. and Section 50117.!18 ollhe Public --Cocle, Thlsllallsonly eppUceble1or co.-ngloc:al ---,_n!IO cullural ..........,..tor the pr.....,_ SSCIII2007111102; C8»o-ol Completion; propoad Mlllgaled Neptlve Declar8tlon for Ooeen-Aooldouce Profecl CT o05-121CP Ofo111MDP 05o07JCDP Olio28; Clly oi Clarlto-; Sen DI-u<> County, C.lllornls. Native American Contacts a.8n Diego County ~mber 14, 2007 Kumeyaay Cultural Repatriation Committee Steve Banegas, Spokesperson Clint Unton • 1095 Sarona Road Diegueno/Kumeyaay P.O. Box 507 Diegueno/Kumeyaay Lakeside • CA 92040 Santa Ysabel • CA 92070 (619) 742-5587 (760) 803-5694 (619) 443-Q681 FAX cjlinton73@aol.com Santa Ysabel Band of Diegueno Indians Devon Reed Lomayesva, Esq, Tribal Attorney PO Box 701 Diegueno Santa Ysabel • CA 92070 drlom~evsa@verizon.net (760) 765-0845 (760) 765-Q320 Fax San Luis Rey Band of Mission Indians Carmen Mojado, Co-Chair 1889 Sunset Drive Luiseno Vista , CA 92081 (760) 724-8505 San Luis Rey Band of Mission Indians Mark Mojado, Cultural Resources 1889 Sunset Drive Luiseno Vista • CA 92081 Cupeno (760) 724-8505 (760) 586-4858 (cell) This list Ia cunent only • of the-ollhla document. Mel Vernon San Luis Rey Band of Mission Indians 1 044 North Ivy Street Luiseno Escondido , CA 92026 (760) 746-8692 melvern@aol.com Distribution of-list -not relieve any person ol-ry responsibility • dellned In Sacllon 7050.5 of the Health arxl Safely Code, Sacllon 5097.94 altha Public -Code arx1 Sacllon 5097.98 altha Public Reaourcee Code. This list Is only applicable for contacting loc:al -American with reganllo c:ullural ...........,.., for lha piopcleM SSCHI2007111102; CEQA Notlcaol ~; ~ llltlgllliod Nllgallve -.uon forac..n-•=··.,.. Projacl CT-05-121CP 05-111HDP os.G7JCDP 115-28; City of~; Soin Diego County, cal- r I '· • • ENVIRONMENTAL IMPACT ASSESSMENT FORM-PART I (TO BE COMPLETED BY THE APPLICANT) Q_( OS -12 (cf ()S-( 1 CASE NO: .JS?pf C>G -I 0 DATE: 6-/&-o6 BACKGROUND I. CASE NAME: Ocean Street Residences 2. LEAD AGENCY NAME AND ADDRESS: _,.C.!.!ity~of,_.C,.,a""r"'lsb,a"'d'----------- 3. CONTACT PERSON AND PHONE NUMBER: _____________ _ 0. PROJECTLOCATION: ~2~3~0~3~0~c~ea~n~S~tr~e9et~--------------- I. PROJECT SPONSOR'S NAME AND ADDRESS: 2303 Investors. L.P., I 020 Prospect Street La Jolla CA 92037 2. GENERAL PLAN DESIGNATION: Residential Medium-High (RMH) 3. ZONING: Residential-Multiple with Beach Area Overlay Zone (R-3-BAO) 4. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): ------------------ 5. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed project is for a 35 unit condominium project on a 3.05 acre parcel located in Local Facilities Management Zone I. The project includes a tentative map for 35 air space condominiums. a Condominium Permit, a Coastal Development Permit, and a Hillside Development Permit. The parcels surrounding the subject site are designated RMH with the exception of the parcels located immediately north that are General Plan Open Space. The existing surrounding residential development includes detached single-family dwelling units on 2.500 to 5.000 square foot lots to the south and southeast, and semi-attached condominium units to the west. The subject site is currently developed with 50 apartment units in three separate building that were built in the mid-l960s. Topographically, the site slopes gently from the south to the north. I Rev. 07/26/02 • • The site has a total elevation drop of approximately 18 to 22 feet from south to north. Given the current developed condition of the site. vegetation on the parcel is limited to ornamental plantings ofthe existing apartment building complex. No sensitive plant species were observed on the site. 2 Rev. 07/26/02 • • ENVIRONMENTAL FACTORS POTENT! ALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agricultural Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources ~Geology/Soils 0Noise 0 Hazards/Hazardous Materials 0 Population and Housing 0 Hydrology/Water Quality 0 Land Use and Planning 0 Mineral Resources 0 Mandatory Findings of Significance 3 0 Public Services 0 Recreation 0 Transportation/Circulation 0 Utilities & Service Systems Rev. 07/26/02 -. • • ENVIRONMENTAL IMPACTS STATE CEQA OUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. o "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. o A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. o If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 4 Rev. 07/03/02 • • • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (I) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 5 Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) I. AESTHETICS-Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? II. AGRICULTRAL RESOURCES -(In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland}, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALITY -(Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 6 Potentially Significant Impact D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? . BIOLOGICAL RESOURCES-Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department ofFish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tributary areas that are environmentally sensitive? 7 Potentially Significant Impact D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D D Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) I. CULTURAL RESOURCES-Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? II. GEOLOGY AND SOILS-Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: ii. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 111. Strong seismic ground shaking? IV. Seismic-related ground failure, including liquefaction? v. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 -1-B of the Uniform Building Code (1997), creating substantial risks to life or property? 8 Potentially Significant Impact D D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D Less Than Significant No Impact Impact D D D D 0 D D D D D D Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? III. HAZARDS AND HAZARDOUS MATERIALS - Would the project: g) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? h) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? a) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? b) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? a) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? a) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? a) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? b) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY-Would the project: c) Violate any water quality standards or waste discharge requirements? 9 Potentially Significant Impact D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D D Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) d) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? e) Impacts to groundwater quality? f) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off- site? g) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on-or off- site? h) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? i) Otherwise substantially degrade water quality? j) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? k) Place within I 00-year flood hazard area structures, which would impede or redirect flood flows? l) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or darn? m) Inundation by seiche, tsunami, or mudflow? n) Increased erosion (sediment) into receiving surface waters. o) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? 10 Potentially Significant Impact D D D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D Less Than Significant Impact D D D D D D D D D D No Impact Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) p) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? q) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303( d) list? r) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING-Would the project: e) Physically divide an established community? f) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? g) Conflict with any applicable habitat conservation plan or natural conununity conservation plan? MINERAL RESOURCES-Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? I. NOISE-Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? a) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? a) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic mcrease in ambient noise levels in the project vicinity above levels existing without the project? II Potentially Significant Impact D D D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D Less Than Significant Impact D D D D D D D D D D No Impact D D Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) a) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? d) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? II. POPULATION AND HOUSING-Would the project: j) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? k) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? I) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES ) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: ) Fire pfotection? ) Police protection? ) Schools? ) Parks? ) Other public facilities? XIV. RECREATION ) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 12 Potentially Significant Impact D D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D Rev. 07/03/02 D D • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) a) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORT A TIONffRAFFIC-Would the project: ) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? a) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? b) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? e) Result in insufficient parking capacity? f) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus tum- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS -Would the project: ) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? a) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? b) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 13 Potentially Significant Impact D D D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D D D D Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) d) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? e) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? f) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE ) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? a) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) b) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES Potentially Significant Impact 0 0 0 0 0 0 • Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 No Impact Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(P). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refmed from the earlier document and the extent to which they address site-specific conditions for the project. 14 Rev. 07/03/02 • • DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS a-d) No Impact. Perimeter project landscaping and restricted building heights will adequately mitigate any potential visual project impacts for the project. In addition, the demolition of the existing apartment buildings on-site per the proposed project will enhance the visual character of the neighborhood and provide visual corridors from Ocean Street to the Lagoon. The proposed use is consistent with the adjacent uses and will be designed so that it does not contribute a significant amount of light or glare. AGRICULTURAL RESOURCES a-c) No Impact. The proposed development's density by the tentative map is consistent with the City of Carlsbad General Plan. The GP land use designation is RMH, which anticipates medium density residential development (8 to 15 dulac). The subject site is currently developed with 50 apartments units that were constructed in the mid-1960s and no agricultural operation has been active on the site. Given the surrounding residential development and lack of existing agricultural infrastructure, it is unlikely that an agricultural operation would be viable at this location. AIR QUALITY-Would the project: ) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non- attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-mandated plan. This local plan was combined with plans from all other California non- attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through I Oth in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. 15 Rev. 07/03/02 • • b)a) Violate any ai> quality standa>d or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24- hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated with the project, the project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. elb) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fme particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. c) No Impact. Other than the project air emissions associated with gas and electric power consumption and vehicle miles traveled, this 53 unit residential project will not generate any other air pollutants. There exist no sensitive receptors (schools or hospitals) within the immediate vicinity of the project site, therefore potential exposure of sensitive receptors to project air emissions is not considered a significant impact. d) No Impact. The residential project is not anticipated to create objectionable odors. BIOLOGICAL RESOURCES a-g) No Impact. The subject site is currently developed since the mid-1960s and the only vegetation on the site is ornamental landscaping from the existing apartment complex. No sensitive plant species were observed on the site. CULTURAL RESOURCES Please reference "Archaeological Resources Study, 2303 Ocean Street, Carlsbad, San Diego County, California" prepared by Affinis, dated May, 2005. a-d) No Impact. N() historic or archaeological resources have been identified within the project area and the property is currently developed with an apartment complex. Therefore, the project is expected to have no effect on cultural resources. However, given the proximity to the lagoon and to CA-SDI-626. There is a potential for subsurface cultural resources not visible on the surface. The geology report indicates that the northern portion of the site contains alluvial soils. During periods of rising and falling water levels in the lagoon, native people may have made use of the project site as a habitation area or a shellfish processing location and evidence of this use is buried in the alluvium. Buried sites were found in the City of Oceanside along the San Luis Rey River. Therefore it is recommended that an archaeologist and a representative for the Native Americans be present to monitor initial grading in the area identified in the geology report as undocumented fil/alluvium. 16 Rev. 07/03/02 -. • • GEOLOGY AND SOILS Please reference "Geotechnical Investigation, Ocean Street Condominiums, Ocean Street and Mountain View Drive, Carlsbad, California" prepared by GeoCon Inc, dated September 3, 2004. a) i, & iv: No Impact. The geotechnical study found that the site is suitable for the work proposed by the tentative map and would not expose people or structures to fault ruptures, liquefaction or landslides provided that the recommendations contained in the report are incorporated during the site grading and construction. a) ii. Expose people or structures to strong seismic ground shaking Less than Significant Impact. Strong seismic ground shaking is a potential that affects all construction in this region of California. It is understood that the same building code standards, which ensure the relative safety of all new residential construction, will be applied to the units constructed pursuant to the proposed tentative map. a) iii. Expose people or structures to strong seismic-related ground failure, including liquefaction Potentially Significant Unless Mitigation Incorporated. Based on the analysis prefonned by the project Soils Engineer, these is a high potential for liquefaction of an approximately I 0 foot thick layer of silty sand and sandy silt within the undocumented fill and alluvium in the northern portion of the site and will require remediation as outlined in the Geotechnical report. b) No Impact. The northern portion of the site is underlain be up to 24 feet of undocumented fill and alluvium over dense Terrace Deposits. The southern portion of the site is underlain by dense Terrace Deposits with localized areas of shallow undocumented fill. The artificial fill within the planned grading limits will require remediation for future development. c, d & e) No Impact. Significant geologic hazards were not observed or are known to exist on the site that could adversely impact proposed development. HAZARDS AND HAZARDOUS MATERIALS a-h) No Impact. The proposed residential development does not propose any transportation or storage of hazardous materials. The site is not listed as a hazardous materials site. The site is consistent with the McClellan Palomar Airport Comprehensive Land Use Plan. HYDROLOGY AND WATER QUALITY Please reference the Drainage Study and the Water Quality Technical Report prepared by bha, Inc. a-j, 1-p) No Impact. The proposed project will include the water quality infrastructure as required by the City of Carlsbad. As a result, there will be no impact to water quality, site erosion, pollutant discharge, or drainage from the site as it may affect adjacent properties and existing storm water infrastructure. k) Less than Significant Impact. The site is located approximately 400 feet from the ocean and adjacent to the Buena Vista Lagoon with a minimum elevation at the site of approximately 12 feet Mean Sea Level (MSL). Therefore, there is a moderate potential of a tsunamis or seiche inundating the site. LAND USE AND PLANNING a) No Impact. The project is a residential development consistent with the surrounding land uses. The site does not physically divide an established community. 17 Rev. 07/03/02 -. • • b-e) No Impact. The proposed project does not conflict with any existing or proposed environmental plans or policies of the City of Carlsbad. The project is included within the City of Carlsbad's HMP as an already developed area. MINERAL RESOURCES a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. NOISE Please reference the "Acoustical and Ground Vibration Site Assessment, Ocean Street Residential Development -Carlsbad, CA, ISE Report #05-052~, prepared by Investigative Science and Engineering, Inc., dated May 9, 2005. a) No Impacts. Given the location ofthe project site and the overall distance from the noise source, the resultant sound levels would preclude the presence of any exterior acoustical impacts from the surrounding roadways. b & d) Less than Significant Impact. The anticipated grading operation associated with the proposed tentative map would result in a temporary and minor increase in groundbome vibration and ambient noise levels. Following the conclusion of the grading, the ambient noise level and vibrations is expected to return to pre-existing levels. c) No Impact. The ambient noise levels on site were found to be consistent with the observed setting and intervening topography. e & f) No Impact. The project is not within the 60 dBA CNEL influence area of McClellan-Palomar airport and associated industrial uses. The above acoustical assessment states that no aircraft noise mitigation would be required for this project. POPULATION AND HOUSING a) No Impact. The area surrounding the existing development is designated as residential development and was analyzed in the City's Growth Management Plan accordingly. No major infrastructure facilities are proposed for extension to serve the project. b-e) Less than Significant Impact. The project site is currently developed with 50 apartment units. The renters have been notified of the impending project and will be given advanced notice when construction will commence. None of the units within the apartment project are designated as low to moderate income restricted. PUBLIC SERVICES a.i-a.v) No Impact. The proposed project is consistent with the density permitted by the General Plan and will not effect the provision and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.) as analyzed in the Local Facilities Management Plan (LFMP) for Zone I. The proposed project shall be subject to the conditions and facility service level requirements within the LFMP, therefore no significant public service impacts will occur. RECREATION a-b) No Impact. The project's size of 29 dwelling units should not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded, so no adverse physical effect on the environment will occur. On-site recreational opportunities are available in the form of a 5,800 square foot recreation area that includes passive and active use areas. These recreational facilities will not have an adverse physical effect on the environment. 18 Rev. 07/03/02 • • TRANSPORTATION AND TRAFFIC Please reference the Traffic Generation Report Letter prepared by LOS Engineering, Inc, dated May 2, 2005. a) No Impact. The proposed project would generate approximately 280 ADT, which is 120 ADT less than the existing apartment complex that contributes to the existing traffic load and capacity of the street system. b) No Impact. All corridors and intersections in the vicinity of the proposed project would operate at acceptable levels of service and no significant circulation or traffic impacts would be caused by the reduction in ADT. Anticipating growth in the area, the Zone I LFMP identified the major improvements necessary to deal with such growth. c) No Impact. The proposed project is consistent with the McClellan Palomar Airport Comprehensive Land Use Plan, therefore, no air traffic impacts are anticipated. d) No Impact. All on-site and off-site circulation improvements shall be required to comply with the City's minimum. engineering design and safety standards. e) No Impact. Adequate emergency access from the project site shall be provided via Ocean Street. e) No Impact. 82 parking spaces are required. The project is proposing 76 garage spaces for residents/visitors and 6 open spaces for visitors. I) No Impact. The proposed project complies with adopted policies supporting alternative transportation. The project will be located proximate to a major roadway (Carlsbad Boulevard), employment opportunities (nearby business parks and commercial centers), and alternative transportation (bus transit and bicycle and pedestrian access). UTILITIES AND SERVICE SYSTEMS a-g) No Impact. The proposed project shall be subject to the utility and service system requirements and conditions within the LFMP for Zone I, therefore, no significant impacts to the utilities or service system shall occur (i.e. impacts to wastewater treatment, water, sewer, drainage, gas, electricity or solid waste disposal facilities) MANDATORY FINDINGS OF SIGNIFICANCE ) No Impact. Given the site's developed condition any possible degrading of the environment and substantial reductions of habitat and wildlife species will not occur. The proposed project does not eliminate important examples of major periods of California history. ) No Impact. The project does not have impacts that are individually limited, but cumulatively considerable. ) No Impact. The project does not have environmental effects, which will cause the substantial adverse effects on human beings. 19 Rev. 07/03/02 • • EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 0. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. l. Archaeological Resources Study, 2303 Ocean Street, Carlsbad, San Diego Countv. California, prepared by Affins, dated May 2005 2. Traffic Generation Letter Report for the Ocean Street Residences Redevelopment Project from 50 Apartments to 35 Condominiums, prepared by LOS Engineering, Inc, May 2, 2005. 3. Geotechnical Investigation, Ocean Street Condominiums. Ocean Street and Mountain View Drive. City of Carlsbad. CA. prepared by Geocon, Inc, dated September 3, 2004. 4. Acoustical and Ground Vibration Site Assessment. Ocean Street Residential Development -Carlsbad, CA. ISE Report #05-052, prepared by Investigative Science and Engineering, Inc., revised May 9, 2005. 20 Rev. 07/03/02 October 5, 2005 Mr. Tim Oark • Prospect Point Development 1020 Prospect St, #314 La Jolla, CA 92037 Dear Mr. Oark: RECEIVED APR 1 3 2007 CITY OF CARLSBAD PLANNING DEPT • COAST WASTE MANAGEMENT A WASTE MANAGEMENT COMPANY 2141 Oceanside Blvd. Oceanside, CA 92054-4405 (760) 929-9400 (760) 754-4109 Fax I have reViewed the architectural draft for the Ocean Street Residences project. Based on my follow up discussion with Clifford Chang, the architect, I am satisfied that Coast Waste Management can readily handle the solid waste disposal and recycling requirements at that location. As Mr. Chang outlined, the HOA will be responsible to have trash and recyclable materials delivered to readily accessible enclosures at either the main entry or the bottom of the access drive and placed In dumpsters and recycling containers provided by Waste Management. Both locations are to allow for easy turnaround of the trash and recycling service vehicles. Applicable service days will be determined by city ordinance and/or the volume of trash and recyclable materials generated at the site. Please call me direct at (760) 754-4120 if you need additional information. ():~ Dennis L. Merchant Major Accounts Manager so a.'' ~E A~ Sempra Energy utility'" December 5, 2005 BHA, Inc. 5115 Avenida Encinas Suite L • Carlsbad, California 92008 Dear Mr. Rod Bradley: RECEIVED CITY OF CARLSBAD PLANNING DEPT Subject: Ocean Street Residences -Carlsbad • , .. ' . t. -.~ ,,, -I FILE NO. In accordance with our "RULES FOR THE SALE OF ELECTRIC ENERGY'' and "RULES FOR THE SALE OF GAS", filed with and approved by the California Public Utilities Commission, gas and electric facilities can be made available to your project. If purchaser is to pay any cost for the installation, relocation/conversion and/or extension of utility service, the costs will be calculated in conformance with our extension and service rules. Please note that due to the recent realignment of job responsibilities, any future contact on this subdivision should be directed to Ms. Debi Wilhelm@ 760-480-7753 at this office. Our ability to serve future projects in our service territory will depend on the supply of fuel and other essential materials available to us and on our obtaining government authorization to construct the facilities required. For additional general information, please visit our website at http://sdge.com/index.html. ~~-i)E{~ Don Altevers · Customer Project Planner Telephone: (760) 480-7727 ~') l i ! .J. I i ! i I ~ r·- Rt CGf,O I: -G HEQUtSTElJ *"V><!If f-. REC ORDfD NAIL TO, 75-342059 ·•t':.JI'.\ce Jto.--B<O~t l91TS 1\Ettli\01~0 R(<I!JESf Of Cit•t ~f C;:1rlsbud 11~0 Elr.1 t,·v-ertuc Corlsi>ocl. C.~ 92J03 (i·tJ..Jl.iMJ ... {.,,I •. ~ .. ;, OEC ~ l2 25 PK '7) ff!lllfl~f£ OF COMPLIANCE (Sect io" 66499.35 of the Govornmeot Code} The Cit{ Engineer has determined that the r·~al property described ::1elaw t.as be:co,di·tided or has reSliTted frOn a divlsio""l in coo1pl iance: •.;i th the Subo:J!~ visiol''l :-tap Act .:lo!'.d with the provisions of the Carisb3d HunicipE'I Code-pur-- !Want t'l~reto. $7.00 OwnerJs): RSJ Enterprises Oescrlpcian: {S~e £xhlbit "A" attached-) ~lote; The descr:ption in Exhibit '1Au attached has been provided b~ tf-.c owner of ~he property and neither the City of Carlsbad oor any of Its offi- cers or et:lproyees e~s.s.ume responsibility far the Hccuracy of said desctipt ion. This Certificate of Compliance shall have no force and effect if the above n-tn~rs or ar.y s.utJscqucnt tran5fe•·ee. or a.,;si~nee acquirc~i any contiguous pro~ perty other thi::n a lot or Jots ShO\'m on a recorded subdivision map, pa,.cel map or record of S:Jrvey maP Filed pursuant to and prior to the repeal (Stats. 19;5, Ch. I 55i3 i of_ Sect ian ll57S of the Bus i ne<s and Professi oos C:ode. This Certificate of Compliance shalt in no way affeet the rectuir-er.lents of any other Count; State, or federal agency that re~ulates devetopmeot of reaf property. "7/:1 ryate: _ _;9~.4t £ 1'!7) Byu~ @~~ C ty n eer V City of Carlsbad Case Nu. :. _ _,l,.,4t-., __________ _ Currer.~ Assessor's Parcel Na: 20'-010-06 Add res;: 2303 Ocean Street Carlsb•d, CA 9ZOQ8 10-21-'!5 NOTE~ Exhibit "B", a copy of tl-e approv~d adjustment plat, is attached hereto a~d mDde a part hereof, ..... 1.11 ~ ~,'%-.. · · ·;1·,~-t:" ~ 't.>';'~/ -~ . - ·J }'7 ... -e.'c,;~...,_, ~~ -.· 9M _11,fo # /\;_ . ..,..,. • ~ ifl . ·tl " !.sr.,;. ~ (~!!'' ··~ . ~ • r --~~"" } \'o.S-' • ~\~ ~oJ·'t . ~~ ~~.:t 7-. • ~ . i_~ r.t:~¢-<t~-t. ~\\ ~;I BIT 6 ~ -·r -~ ---·· __ ... - . ~ '6'Ni: r: · ADJ. : MAP _ CITY OF CARLSBAD "0• .JQZ / ' • , ~rKy• ';!~. OR AWING RE<ERENCi !10. Rf(JUE5TEO SY: ~i?'~2 •183 ~~_!'·' ·~•4.!' UR!ET• -----(5EG !JH&l1'1' ;t;} ~ / R .HB: SE~ERI , ... =:'d -,.":".R<T· i!J~~~ c; >'UZR• -/A M!&A ' ~-I 6:i n :..-Ric .. rU5. ---/.ODRESS AT -......... __________ __ ' ... 1!>'70 rAGE. 1 OF :· Ll:CJ\L UESCRlPriOll CERTIFICATE Of COMPLIANCE -CASE NO, 104 TI!AT roa·l'IO~ 0.~ IUJ:. "A" OF G!WI'/lU,F. ?.AIU( \Jl!IT !10, :! ACCORUIXG 1:0 lii·P T;=or itO. ~C37 A.'& 'tl'.AT ]"()?.'l:ION OY I.AGIJllA llli!\IE OF GHMVILIS FAai( ADJACJ-.:tll' TI!ERl:I'O (VACJ•~'£0 B"t li~OLUtlOH !10. 916 OF Tfil CI'U COIJl<C!L OF Tl!8 ClTr Oii' CARLS!lAD, CALlroRliiA, J!E,,ORDW JlJ!.Y 19, 1;)63 AS JX>CU~I1 NO. 12.J7))3, P.ECoH!S 0~ &All DIEGO t'OUII~Y CALIFORNIA) ACCO~DltrG TO ~'AP tiO;RE()? l«l. 17t2- /.U. Ill Tiff: <;ITY OF CAlltsn.u>, COIJIIT'J: OF SAN lll<DO, STAT£ OF CoiiJFO!JIIIol J.:lll YII..ED ~~ Till: Ofl'ICS 0::' ':"f[f!' OOO:·i1.'Y RECORbER Of fhi!J COUNTX',. f.'.ORe PARTICt.fLMLY ilBS<:Rine) t.:.; FOLLG:n'S: '·----·-----·-----··# ---·-··· -·-··~----·----~------.----·· -· -·. ----~-------··------------ Cm1Mi:licnrc AT A rorur It1 THI: E.\ST£:\Ll(' t.I!rt OF I·:OUNT~.IN VI!M DRIV!: !IS ~Ho;.'ll 011 SAID :.~\? 110. 1792, SUD l'OINT IIJ!ING 0!1 A CURVE, COHCAV!: SOU'l.,IWESTI:.U,Y, FAVI!IG I\ RADIUS or o;.OO Fi:>t, A RADIAL trtll: 'l'l!ROOOK SA!D POiltt lJEAI\9 ~~~H ;)7•3~'45" EAST (RllCOR!I I:O;r!'ll 58"14 ·~:;" EIQT P-.i! SA til HAP !10, ~782); Tll&liC"& NOilT!l\IESTEIILY 1\IOI«: Til!! J,RC OF S~rD CtJRVt:, T!iRU A Ct~'1'ili\I J.::<:!.li OF 2l>'~)'IJ0"1 A lliS'i'J\ilCB Of n.30 nET TO '1'10': '!'RUE !OI?rr OF BEGIN:I::nc, A RJ\IliAL T!{(tl S'AIIl TRUE ror~tr OF B!'tln/lllNG nEARS !IOR'tll 33"33'05'' !lAST; 'll!!l!IC& 1101!Tn l2"03'll" ft'EST1 35.99 I'M 'lO A RlihT OF COI<!RlllliD CURVA'l'URE lM Til& £ASTI:l1LY Liffi: OF SAtD LIIC!n!A DB['{£ · (W.CA1'ED), AS SllOWlf 0~ SAID MU' NO, l7821 ·A llA.IIIAI. LiilE ~JillU SAID R>lr.T m:..'ll!S SO!JTII 70"36'1?.• 1/&St (P.EGORl> SO\Irll 71"1~'12'' 11!5'!' reR SAID lrAf 110, 1782) SAID EOlNT AI.SO U&Ir.:; AN Alr.!.E Jlll:IIT Ill '!'liE IJOR't~W.$TEJI).Y Lllti: CF IAIJD llESCIIIBEil IN DEF..D TO R.l\,J, Eh'TE:aPRIGES RECORDED Jfdiii/Jil lo, 1965 JlS FIU/EYoGE NO. _124 OF. OFl'!C.'!'A!. IIJ!CORDS, RllCONt.G OP SAN DI&!O COUIITY, CfJ.Il'ORNL. !IEREII!I.."'I:J\ REfEI!RED '1'0 All DEED lfO, · 1; Tl!iliCI: ~f.!lGE&T TO LllllT SAID RADII.I. LIIIE .um Al.OliO T.:Z l«Jll'111E/13l'EllLY J.IHE 0? SAlJ) LMiD'COIM>"Y'f:D 'lO a.P.,J. Etl'rERI'RISF.S, IIQIITII 19'23'4~" WI::IT (IIJ!CORD :JOIITH lll"'<5'1r8" IIE!lT.P!l! SAI!llll:£ll!IO. 1), 31.96 FEF.'l'; TIIEJICf: L&\VING THE IIQ:rrii£ASTEIIL'i LDIE iYi' SAID J.A!ID CO!IVE'lED TO li.8.J. Ell'rf:RPRIS&'l, NORTH 1C'Z5'ZT" lltS'r, 57.71 fE'.l'!; 'I'Hf:IICZ ftOIITll 38'27'47" WE3t1 27.5!> FErZ TO A l'Olli1' ON THE IIOJITJIE.'STERLY t.IIIE OF SAID . IA11D CONV!:YF.O TO R.B.J, E!m:RPRISES, lll!tCK BEAa!; NORTH 19'23'118" lltST (F.F.CORD NONT!I 18'45'~&" -.n:,r PER SAl!) DE&D HO. 1} ALONG SI\ID liORTHEA8'lERI,'l LllfE OF !Jd!D CO!I\IEYEII TO R.B,J. EI!I:ERPRIS!:S, ll'j.OO fB!.'T PROll Al'Oil!SAX!l roiNr OP COMl'OUliD CtiRVATURll; TllE!ICE liORTK 1!1'2J'Idl" liES~ (!U<CORD !IO';mt 18'45'~1l" ~'EST l'l:ll SI\ID DEED 00. l)'ALOYG THI: !IOi!T!«:AS?ERI.Y [,Ill!: OF SI\ID LAND CONVI:lT..D TO R.~.J. El!TEilFRISES, 50.00 71!E'r TO THE NOJmiEI.S:tERL'i COIIHi!R Tl!ER!:OF; TIIEKCE SOllrll 85'37'50' loo'P.3! (RECORD SOUFIIIJ~'I!i'50" IIESX PEl! DEBD·Il), 1) ALONG ~Ill< NO!IT!U;IILY L'II!E OF SID LAliD CO:m;n;o to R.B.J, ~ll'F.RPI!ISF.S, A DISI.'AIICI!l OF 56o.ol~ f!;ET TO TH& NORt!l'.r.!STEl1LY COB!IER TH&IIEOF; 'n!SlfC<! SOIII'FI 32'59'~o•· ~T (lll!CO!ID SOI/J:H 32'21'40.'' P.AS~ I'ER DEED NO, l) AW!IG ~\11: SOt,'tii\IE'.:Tl:l\li tr!IE 01' SAIV tAI\'0 COIIVZIEil TO R.B.J • 1!11'1'ERHIISES, A DIS'EAHCE OT 315.00 :FS.A'T 1'0 A ronrr ~ Tl'.ll ~Gltl'IIS'at'! Lllf!: Oi' OCEIUI STRS!:t (FPRIM!LY 'r.ASill!A DHIV!: AS Sl!O\ffl Otf l\J.lD MAl' 110. 203'1 AlD no.· ... 179~), SAIV Rl!:rt' B~Iri'J !II A CURV!:, CONCAVE SOll'l'll<lll:oY, l!AV!liO A RM!Ul OF 19().0(1 PllET, A ~ADII.L C.HIE 'rf{P.rJ St,IIl l"Otlfl' B~'RG lf;:.R'i'H o•)ot?.O" .'!!A.ET (RECORD lfO:lmf t•o!J.'?'O" f1l6T rr:n :1AtD D:OT..O UO. l.) SI.(D IOI!rt At.::O n.Etli'C TUE SOtml\l!S'l'E'IlLY COl\N'r.R O:r S"-ID V\tiL~ CON"'.rt.:Yi:D 't'tl R.O.J. Etll''£tlFRI$P'Sj .. --.. .. . --· ... ~ -. . . . . .. . --·-··--···----. ······• ~--.. ··• --- EXHIBIT "f..' I I i !!II~ ' i r I . lb"/1 PAG$ :: OF 2 =:t'E EASttRL't ALONG 'l'IG; ARC O!' tAS~( SAn'. CllRVSi 'l'IIRIJ A CEII'I'ML llNVLE Ol' 1, • Jl' 25", A lJIS'li~ICE DF :.5.00 I'EE'l TO :til>: Jli-:O!NNING OF A RK'F.:IISE CUR'ffl, CQJ!CAVE ffOR~!!ERLY, HAV!NG A. RADIUS OJ' 587,9~ }'E&'i'; 'fJ!E:lC'K ~:M;TERr.l' AUlNG 'Ill& AJIC OF' LAST !lAID CURVE, TIIRU A CEII'l'RIIL ,\17;;!.!; OF f:2'1)'55", A lliSTAN\11: OF 229.16 1'00; TlfE!ICE TANGEIIT TO I..WT 8.\!V CIIRYr: JIOR'I:ll 72'1n'50" EAST (RE«<RD NORT!I, 73'19'50" &1ST reF. SAID DEED NO, 1), A DIStAl<CE OF 25.33 Fl:l:T 10 T'£1: li!XlilCliNG OF A TA!llllliT C'JIIVE, CO~VE IICIR'l'!!WESTi!l!LY, HA'IIIIU A HADIU3 OF 18).88 FEEt; Mll:i :iORTa:;:to3TEliL'l AUlliG Til& AliC OF LAST SADl CURVE, Tlll\11 A CE!I'l'RAL .M:ou OF 37'06'20'', A Di~TAiiCS Or 11!).08 F~ TO Tll& BF.Gilllfil«l or A REVEI!S& CURVE, COIICkVE SOUT!!ElltY, HAVII!G A RADIUS OF 65.00 Fl%1'; T!ISNGI: 1:ASTI;RLY AliD SOUrKI:ASI'l'RLY ALONG 'I'll& ARC C·F tAST SAID ~VE Tl!ln: A CElfl'IW, MOLE OF 87'77'35", A lli3UZICE (IF 99· 78 FEll'l 10 T!IE TRUE l'OI!rr OF B!Xliiiiii:l~; Tii!: l'l!Z:Ci1Dnl!> l':IVE (~) COURSES ARE Al.Oil} Til& IIQliTJ!EIItY LIN!: OF OCEAN STIIE&T (l'llE'/IOt;SLX IAO!~IA DRrli !'!.1\ MAPS 110, 2037 A!IL' 110, l762) A!ID AlSO ALONa Tl<E SOUT!!ERJ~Y A!IU goUl'!IEI.S~IlU.Y r.tll!: 01' SAID LA!ID C()NVE'{I;D TO R.B,J'. ~trl'ERPRISES. \ ._ \ EXHIBIT 'A' ·~ ··~ "-I (.II w .,. "" 0 ~s- ' ' - I J f ... ·-----( '!li!£ 6Hli<Ff" 3:]__ -~ .... U1 w A 1'\l C) U1 c.--<0 .I -~ ~\~ Of-11 BIT ·a .. !l():l62·--.. ---- LEGEND: ----------------------......... r:i::\ ~t" $!:5~.a~~ ~ .:1• 2'174'141' L• /0.00' ,0, !'!• 268.0?!>' ':::1 .11• ~8'(;!'51' L• 11'MI' ® ~-!:~03" ~. 40'10'ct7, t..• t67._W' @ NIZ'tJ.3~1'W-35.'W ···-~--·-·· i Ul .... so a/" ..... /E A~ Sempra Energy utility~ December 5, 2005 BHA, Inc. 5115 Avenida Encinas Suite L -------------• Carlsbad, California 92008 Dear Mr. Rod Bradley: Subject: Ocean Street Residences -Carlsbad FilE NO. In accordance with our "RULES FOR THE SALE OF ELECTRIC ENERGY" and "RULES FOR THE SALE OF GAS", filed with and approved by the California Public Utilities Commission, gas and electric facilities can be made available to your project If purchaser is to pay any cost for the installation, relocation/conversion and/or extension of utility service, the costs will be calculated in conformance with our extension and service rules. Please note that due to the recent realignment of job responsibilities, any future contact on this subdivision should be directed to Ms. Debi Wilhelm@ 760-480-7753 at this office. Our ability to serve future projects in our service territory will depend on the supply of fuel and other essential materials available to us and on our obtaining government authorization to construct the facilities required. For additional general information, please visit our website at http://sdge.com/index.html. Slore~ly~ -~~~rn -cjE(~ Customer Project Planner Telephone: (760) 480-7727 .. J. Henthorn & Associate December 3, 2007 Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 P.O. Box 237 Carlsbad, California 92018-0237 (760) 438-4090 Fax(760)438-0981 Subject: Ocean Street Residences/Roosevelt Street Residences -Resubrnittal Package for CT 05-12/CP 05-11/HDP 05-07/CDP 05-28/SDP 06-10 Dear Ms. Kennedy: Enclosed is the re-submittal package for the Ocean Street Residences project. The project has been revised to reflect the issues of concern identified in the City's letter dated October 9, 2007. Each of the items contained in the letter are addressed below: PLANNING: ISSUES OF CONCERN 11. The comments received on the redlined plans have been addressed with the exception of those noted. Please refer to the enclosed redlines for details. LANDSCAPE: ISSUES OF CONCERN The following responses are provided in conjunction with Rick Gallo of Randall Planning & Design, Inc., the landscape architect of record: OCEAN STREET RESIDENCES 1. Enclosed with the resubmittal package is an additional plan set as requested. 1 B. The illustrative plan on Sheet L-1.0 has been revised to be consistent with the detail planting sheets. 2B. The planting within the bio-swale has been revised to include additional grasses as requested. Please refer to the enclosed conceptual landscape plans for details. ROOSEVELT STREET RESIDENCES 1. The existing pepper tree along Roosevelt Street has been identified on the plans and is proposed to remain. 2. The patio area has been labeled and two benches have been added as requested. 1. Pursuant to the comment provided by Barbara Kennedy this requirement will not be applied to the project as it is an existing non-conforming site. Carlsbad • 5927 Balfour Court, Ste. 112 • Carlsbad, CA 92008 San Diego • 9707 Waples Street, Ste 21 rl-san Diego, CA92121 • • • 2. The proposed planting behind the building has been updated to replace the previously proposed turf area. Please refer to the enclosed plans for details. 1. A note has been added to Sheet L-3.1 that all landscaped areas will be irrigated with potable water. 2. A note has been added to Sheet L-3.1 addressing the water conservation features of the project. 1. Enclosed with the resubmittal package is an additional plan set as requested. If you have any questions or need any additional information, please feel free to contact myself at (760) 438-4090 ext 104 or e-mail me at bennett@jhenthom.com. Sincerely, Bry Prinicipal Planner encl. Resubmittal Package-Ocean Street Residences/Roosevelt Street Residences cc: Tim Clark, 2303 Investors, L.P. file )HA/BDB/OCEAN ST • RESUB L TR -2- -c Henthorn.& Associat·· August 28, 2007 Ms. Deborah K Fountain 5365 Avenida Encinas, Suite A Carlsbad; California 92008 (760) 438-4090 Fax (760) 438-0981 Housing and Redevelopment Director Cit}' of Carlsbad 2965 Roosevelt Street, Suite B Carlsbad, CA92008-2389 Subject: . Ocean Street Residences, CT OS-12/CP ()5-11/HDP os- 07 /CDP os-28 & Roosevelt Str~et Residences, SDP o6~1o - Proposal for Meetinglndusionary !19lising requirement via· Off-site CombiriedAffordable Housing Project. · Dear Ms. Fountain: This letter serves as a for~al request by 2303Investots LP, the property oWner. and appJ{cant of the Ocean Street Residences property, tb satisfy their affordable housing obligations by providing an offcs!te cqmbinedaffordable housing project located at 3366 Roosevelt Street; The site was pu.tchased in2oo6 following your conditional support of it as an offsite solution to ineeting the affordable hou8ing --'· obligations associated with the Ocean Street Residences ~projeCt. · · · · · ' ·-. ._ - -·.: ' ' . .. ·This request complies wi:th City Ordinances and City Council policies previously . adopted by the City Council as e:kplairiedbE;low: · The City's Inclusionary Housing Oniinance (CMC Chapter' .21.S5) establishes certain requirementsunder which residential developers must · provide housing that is affordable to .lciwercincoine holl.seholds as a · condition of project approval and permit issuance. The 9rdinance provides that "circumstances inay arise in which the public interes:t would be served by allowing some or all ofthe inclusionaryunits associated with one project site to be produced at an alterl}ative site or sites." City Council Policy 57 establishes · procedures for the City to use in determining if a proposed development meets the . criteria to satisfy Inclusionary Housing Ordinance obligations at an alternative site or sites. The options that are available to a developer to satisfy his inclusionary housing obligations are: 1) construct affordable units on-site, 2) participate in an off-site combined inclusionary project within the northwest quadrant in accordance with the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code and • ., City Council Policy 57 dated August 8, 1995, or 3) enter into an agreement with the City to provide un an approved combined affordable housing project In the case of the . Ocean Street Residences application, there are particular circumstances that warrant this project's proposal to for an offsite alternative. Pursuant to the provisions of CMC section 21.85, significant feasibility issues affect.the development of inclusionary_ units on-site. The upgrading and conversion of an existing off-site project to provide seven affordable units v~rsus providing six affordable units on-site will result in future residents having convenient access to transportation, employment and shopping. It will also support the Community's efforts. to revitalize the immediate area south of . Carlsbad Village Drive by significantly enhancing the exterior appearance of the existing site. . We understand that a staff Project Review Committee will evaluate this request to determine its compliance with the criteria defined in City Council Policy 57 and _ that-staff will then take the Committee's · recommendation to the Housing Commission and the City Council. Our analysis of the Ocean Street Residences compliance with criteria set forth in City Council Policy 57 is attached to this letter for your use and reference. · Please call if you need additional information or if we may be of any other ·assistance. We look forward to receiving your response to this request. Enclosure. cc: Barbara Kennedy, City of Carlsbad, Planning Department Tim Clark, 2303 Investors, L.P. • OCEAN STREET RESIDENCES OFF-SITE AND COMBINED INCLUSIONARY HOUSING PROJECT ASSESSMENT WORKSHEET --BACKGROUND The following background information is provided to assist you in your assessment. 1. Owner/Applicant Information: Owner: 2303 Investors, L.P. 1 020 Prospect Street Suite 314 La Jolla, CA 92037 Applicant: 2303 Investors L.P. 1 020 Prospect Street Suite 314 La Jolla, CA 92037 2. Off-site/Combined Project Name: Ocean Street Residences/Roosevelt Street Residences. 3. Description of Project with lnclusionary Housing Obligation: Applicant's Representative: Jack Henthorn· & Associates Attn: Mr. Jack Henthorn 5365 Avenida Encinas Suite A Carlsbad, CA 92008 760-438-4090 Ocean Street Residences is proposed 35 unit luxury condominium development that will replace a deteriorating 50 unit apartment complex located at 2303 Ocean Street. Roosevelt Street Residences is proposed as an offsite combined affordable housing project that will consist of 7 income restricted units and 3 market rate units. The seven restricted units include the combined requirements associated with the total number of units proposed on the two sites. The building will be enhanced from its existing condition through exterior and interior renovations as shown in the site development plan accompanying the Ocean Street Residences. 4. On-site Affordable Housing Description: If the affordable housing requirement must be met on-site, the Ocean Street Residences on-site inclusionary housing project would consist of 6 attached for-sale condominium units. The units would be offered in a maximum sales range that is affordable to households earning incomes of 80% of the Area Median Income. To achieve a sales price of approximately $175,000, the units would require a net subsidy of approximately $4,984,284.00 ($830, 714.00) per affordable unit) based on construction costs alone. This number would be significantly higher if projected sales prices were used. See attached financial analysis for details. 5. Proposed Off-site Project Description: The Roosevelt Street Residences is an existing apartment project containing 10 one bedroom market rate rental units. The project is outdated and showing the effects of deferred maintenance to the point of detracting from the attractiveness of the surrounding neighborhood. The applicant purchased the project in 2006 after evaluating several properties in the Carlsbad Village Area. The Roosevelt site was purchased after it was reviewed and found to be conditionally acceptable to meet the affordable housing requirement of the Ocean Street Residences. • •· The project was approved and permitted by the City and complied with the General Plan and Zoning regulations in effect at the time of construction (most likely the old County based R-3 zoning regulations). The site does not meet current zoning regulations (Residential-Professional R-P) in terms of parking and set backs. However, the upgrades proposed could be accomplished in the as-built condition via the building permit process alone since no increases in square footage or unit count is proposed. The owner/applicant is required to process a site development plan solely for the purpose of meeting the requirements of the inclusionary housing program. The owner/applicant is proposing to make a significant investment in upgrades (landscaping, exterior and interior rehabilitation) to the property as outlined below and will commit 7 of the 10 existing units to occupancy by low income residents through a Housing Agreement with the City. The owner/applicant is requesting approval of the site development plan as submitted in exchange for the contribution of subsidy funding in the amount of nearly $1.7 million dollars that is necessary to produce the required 7 income-restricted inclusionary housing units. The owner/applicant proposes to invest approximately $200,000 into exterior and interior renovation. The existing outdated exterior will be upgraded to a Spanish-theme architectural style that will result in added articulation to roof lines and street site building fagade areas. The exterior treatment will result in an overall improvement to the character of the immediate neighborhood. The owner/applicant proposes to restrict (through formal agreement with the City) occupancy of seven of the units to persons and families earning less than 70% of the area wide median income, while three of units would be made available at market rental rates. The owner developer will be subsidizing the project by nearly $1.7 million to insure the on going viability of the project at the restricted rental levels. 6. Description of On~site Project Constraints: Site-specific constraints exist at the Ocean Street site that diminishes the feasibility of producing the full inclusionary obligation with on-site affordable housing. These constraints include the following: • Lack of convenient access to service infrastructure to meet needs of low income residents, including but not limited to shopping, employment, transportation, medical and social services. • Exorbitant levels of subsidy required to produce units priced at required income levels 2 • • OFF-SITE RENTAL PROPOSAL (3366 Roosevelt Street) Site Acquisition $ 2,150,000 Improvement cost $ 200,000 Total Cost $ 2,350,000 Annual Income Analysis 7 units at $800/Month (Restricted) $ 101,400 3 units a 950/Month (Market) Vacancy 5% $ (5,070) Expenses $ (42,000) Annual Net Income $ 54,330 Monthly Netlncome $ 4,527 Debt service/Financial Analysis Total Project Cost $ 2,300,000 Supportable Debt (75% of Total cost@ 7.5%) $ (644,000) Off-site Subsidy (Cash Contribution) $ 1,656,000 Per Unit Subsidy $ 165,600 • .) OCEAN STREET RESIDENCES OFF-SITE AND COMBINED INCLUSIONARY HOUSING PROJECT ASSESSMENT WORKSHEET ··WORKSHEET 1. Feasibility of the On-site Proposal a. Are there significant feasibility issues due to factors such as project size, site constraints, amount and availability of required subsidy, and competition from multiple projects that make an on-site option impractical? • Given the small size of the project and the restricted sale prices associated with affordable units, making the project profitable and economically feasible with on-site affordable units will not be possible with the cost of production exceeding the sales price by over $650,000 per unit. . • The construction of the 6 affordable units on-site will result in the project's market-rate units being required to subsidize the affordable units by $171,871 per market-rate unit, exclusive of lost profit. • The developer cannot afford to build the affordable housing product on-site due to the fact that production costs alone will add over $170,000 of cost to each market unit. b. Will an affordable housing product be difficult to integrate into the proposed market development because of significant price and product type disparity? • The affordable housing units may be difficult to integrate with the market-rate units because of the price disparity; the market rate units are proposed to sell in the over 1 million dollar market while the price of the restricted units would be limited to $175,000. c. Does the on-site development entity have the capacity to deliver the proposed affordable housing on-site? • Affordable housing developers have advised the applicant that it is unlikely that this size of project will generate interest from any funding sources that would be required to reduce the impact on project cost to an acceptable level. 2. Relative Advantages/Disadvantages of the Off-site Proposal. a. Does the off-site option offer greater feasibility and cost effectiveness than the on-site alternative, particularly regarding potential local public assistance? • The owner/applicant is not requesting local public financial or other assistance beyond the approval of requested entitlements for the Roosevelt Street Residences site. b. Does the off-site proposal have location advantages over the on-site alternative, such as proximity to jobs, schools, transportation, services, less impact on other existing developments, etc.? • The Roosevelt Street Residences site is located within close vicinity of public transportation, jobs (in the nearby businesses and shopping centers), schools, library, shopping, parks, as well as, other amenities and services due to its location in the Carlsbad Village area and near major circulation routes. • Roosevelt Street Residences is located in an area of existing higher density residential development (other apartment projects). c. Does the off-site option offer a development entity with the capacity to deliver the proposed project? • The owner/applicant of the Roosevelt Street Residences site owns and manages other income properties, both in the City of Carlsbad and elsewhere and has a highly skilled development and 3 management team. The owner/applicant's Carlsbad properties have received awards for architectural and management merit. cl. Does the off-site option satisfy multiple developer obligations that would be difficult to satisfy with multiple projects? • The owner/applicant is retaining 3 of the existing units as market rate rentals and is considering the possibility of making them available to assist other small project applicants in meeting their affordable housing obligation. 3. Advancing Housing Goals and Strategy a. Does the off-site proposal advance and/or support City housing goals and policies expressed in the Housing Element, CHAS and lnclusionary Housing Ordinance? General Plan Housing Element and CHAS Goals: • The Roosevelt Street Residences project is targeted to preserve and rehabilitate the City's existing housing stock for the purpose of providing units affordable to low-income households. (Housing Element Housing Plan Goal 1.) • The Roosevelt Street Residences Project will contribute 7 rehabilitated ·units toward the City's quantified Objective to provide 25 rehabilitated units for occupancy by Low Income persons and families. lnclusionary Housing Ordinance Policies: • The Roosevelt Street Residences project implements the City's inclusionary Housing Ordinance by meeting the affordable obligations associated with the Ocean Street Residences in accordance with section 21.85.070. Growth Management Zone, Ord. No. NS-257 Guidelines: • The Roosevelt Street Residences is already well coordinated with surrounding properties by direct access to a major Circulation Element Roadway, Carlsbad Village Drive, as well as having established circulation and pedestrian access to public facilities. 4 • OCEAN STREET RESIDENCES CITY COUNCIL POLICY 57 ANALYSIS OFF-SITE COMBINED PROJECT FINANCIAL ANALYSIS PROJECT PRELIMINARY COST ESTIMATE The Ocean Street Residences (2303 Ocean Street) projected development cost is based on the following criteria: Site Acquisition Entitlement/Engineering/ Arch/Defect Insurance Demolition, Site Preparation and construction of: 35 Residential Condominium units (77,348 square feet) 75 Space Parking Garage (36,756 square feet) Club House (1827 square feet) Swimming Pool Deck/Landscape areas Public Agency Fees Total Project Cost Per Unit Cost ON-SITE SUBSIDY ANALYSIS Affordable Sales Price (80%AMI) Per Unit Subsidy (Cost basis) Total Subsidy (Cost Basis 6 units) $ 6,800,000 $ 3,500,000 $ 24,000,000 $ 900,000 $ 35,200,000 $ 1,005,714 $ 175,000 $ 830,714 $ 4,984,284 • ,. City of Carlsbad Faraday Center Faraday Cashiering 001 1335001-2 12/16/2013 149 Mon, Dec 15, 2013 12:29 PM Receipt Ref Nbr: R1335001-2/0042 PERMITS -PERMITS Tran Ref Nbr: 133500102 0042 0046 Trans/Rcpt#: R0098839 SET #: CB131212 Amount: Item Subtota 1 : Item Tota 1 : ITEM(S) TOTAL: Check (Chk# 001622) Total Received: Have a nice day! 1 @ $994,000.00 $994,000.00 $994,000.00 $994,000.00 $994,000.00 $994,000.00 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIII Applicant: SHAWN MONTEITH Description Amount CB131212 994,000.00 2303 OCEAN ST CBAD Receipt Number: R0098839 Transaction ID: R0098839 Transaction Date: 12/16/2013 Pay Type Method Description Amount Payment Check 1622 994,000.00 Transaction Amount: 994,000.00 • • • CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR (FOR DEPARTME(~T DEPARTMENT USE ONLY USE ONLY) D Administrative Penni! 0 Planned Industrial Permit D Administrative Variance 0 Planning Commission Determination ~ Coastal Development Permit a )Po '5o;;t, 0 Precise Development Plan D Conditional Use Pennit D Redevelopment Permit ~ Condominium Penni! (_ rv s-oo 11 0 Site Development Plan D Environmental Impact Assessment 0 Special Use Permit D General Plan Amendment 0 Specific Plan ~ tf DIJo<)CO' 11-J +eRiali\•e l'aFsel MaJl HiUside Development Permit Obtain from Engineering Department D local Coastal Program Amendment ~ Tentative Tract Map c..., ~os-ooJ::L D Master Plan 0 Variance D Non-Residential Planned Development 0 Zone Change D Planned Development Permit 0 List other applications not specified 2) 3) 4) ASSESSOR PARCEL NO(S).: '-'20..,3.c-Ow1w0:.J-1.<..2.._.2"'0""3-,.0cu10.c-1...,5L-_______________ _ PROJECT NAME: 1020 Street, Ste 314 1020 Street, Ste 314 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE La Jolla, CA 92037 456-0014 La Jolla, CA 92037 456-0014 EMAIL ADDRESS: EMAIL ADDRESS: Please see attached sheet lp-J-·<)~ SIGNATURE DATE DATE 7) BRIEF LEGAL DESCRIPTION Par of I at A of Granville Park II nit No 2 Map No 2037 City qf Carlsbad County of San pjego NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITIED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICIU"ION BE FILED, MUST BE SUBMmED PRIOR TO 4:00 P.M. Form 14 Rev. 12/04 uev'OSOSB PAGE1 OF 5 • • 8) LOCATION OF PROJECl: 2303 Ocean Street STREET ADDRESS ON THE I North I SIDE OFI Ocean Street {NORTH, SOUTH, EAST, WEST) (NAME OF STREE1) BETWEEN I Ocean Street AND I Mountain View Drive (NAME OF STREET) (NAME OF STREE1) 9) LOCAL FACILITIES MANAGEMENT ZONE 1 10) PROPOSED NUMBER OF LOTS 011) NUMBER OF EXISTING 012) PROPOSED NUMBER G RESIDENTIAL UNITS OF RESIDENTIAL UNITS 35 13) TYPE OF SUBDIVISION I RES 114) PROPOSED IND OFFICE/~ 15) PROPOSED COMM ~ SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 1377%117) PROPOSED INCREASE ~18) PROPOSED SEWER G PROJECT IN OPEN SPACE INADT USAGE IN EDU 19) GROSS SITE ACREAGE ~0) EXISTING GENERAL I RMH 121) PROPOSED GENERAL ~ PLAN PLAN DESIGNATION 22) EXISTING ZONING ~-3/BA~3) PROPOSED ZONING ~24) HABITAT IMPACTS I Y/@1 IF YES, ASSIGN HMP # 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE Please see attached sheet SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED RECEIVED BY: TOTAL FEE REQUIRED I~ Form 14 Rev. 12/04 PAGE2 OF 5 • • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Ocean Street Residences APPLICANT NAME: 2303 Investors L.P. Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The proposed Ocean Street Residences project is a 35 air space condominium project on a 3.05-acre parcel, located in Local Facilities Management Zone 1. The project includes a Tentative Map for the air space condominiums with related Coastal Development Permit, Condominium Permit and Hillside Development Permit applications. The project is consistent with the underlying general plan designation of RMH, the zoning classification of R-3-BAO and the City's certified LCP. Please refer to the attached letter for additional details. Project Description 1 0/96 Page 1 of 1 • • DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and an other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person------------ Title------------ Address----------- 2. OWNER (Not the owner's agent) Corp/Part 2303 Investors. L.P .. a California limited partnership Title _____________ _ Address 1020 Prospect Street. Suite 314 La Jolla CA 92037 Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ___________ _ Title ___________ _ Address----------- Corp/Part 2303 Investors. L.P .. a California limited partnership Title-------------- Address 1020 Prosoect Street. Suite 314 La Jolla CA 92037 1635 Faraday Dr. • Carlsbad. CA 92009-1576 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us • • • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (I) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as a trustee or beneficiary of the. Non Profit!frust Non Profit/Trust----------- Title------------Title-------------- Address __________ _ Adilless ____________ __ 4. Have you had more than $20 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Oves 1:8] No If yes, please indicate person(s): -------------- NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~erlaate Ll·&·O~ si!±ofapplicant/date lo·.;)·or" 23031nvestors L.P., a California limited partnership 23031nvestors L.P., a California limited partnership By: 2303 Investors GP, LLC, By: 23031nvestors GP, LLC a California limited liability company, a California limited liability company, Its General Partner "'lts..,G,.e,.,n""e"'ra,_l '-P,.art..,n,.e'-r --,,---------- Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTERIDISCLOSURE STATEMENT 5198 Page 2 of2 • 2303 Investors L.P., a California limited partnership By: 2303 Investors GP, LLC, a California limited liability company, Its General Partner • ,t I • 100% aor~member 79% LP '-------tJI23«llnvtstQrS, LP_ • • SO% • 1% 0f 51~ • CITY OF CARLSBAD • REVIEW AND COMMENT MEMO DATE: NOVEMBER 9. 2012 PROJECT NO{S): __:C:.:D:...:1:.:2:_-0:..:9:__ ____________ REVIEW NO: -'3---1 PROJECT TITLE: OCEAN STREET RESIDENCES APPLICANT: RBF CONSULTING TO: [8] Land Development Engineering D Police Department-J. Sasway [8] Fire Department-Greg Ryan D Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque D Water/Sewer District [8] Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 11/28/2012. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing. please immediately contact the applicant and/or their representatives (via phone or e-mail! to let them know. Thank you COMMENTS:. __ J::l.Jri.[)(""::,_....:..~='-....:..IM> _ _.il-=J_J,i'-'--_.tu....::....:...~:..=...-=Co=l'lt=~'--'==-.:·'------ Signatutt PLANS ATTACHED Review & Comment os;n .6w ~'!!\. ~ •• • Memorandum October 25, 2012 To: From: Shannon Werneke , Associate Planner Tecla Levy, Associate Engineer Re: CD 12-09-Ocean Street Residences Land Development Engineering staff has completed the 2"d review of the above application submittal documents for completeness. The application documents submitted for this project are complete. Prior to next submittal, it is suggested the following items are adequately addressed: Issues of Concern: 1) Provide an update letter from soils engineer that provides design recommendations for the proposed BMPs/IMPs including bioretention basins, flow-through planters and pervious pavers, particularly those adjacent to the proposed building structures. 2) The landscaped areas identified as self-treating in DMA B, DMA P and DMA Q do not appear to meet the criteria for self-retaining BMPs (see page 81 of City SUSMP). Self- retaining area must be bermed all around or depressed concave so that the first l-inch of rainfall over a study area can be retained and infiltrated into the soil. Slopes are not to exceed 4%, the area has amended soils and vegetation to attain soil permeability and stability. Any area drain inlets must be at least 3" above surrounding grade. 3) Label all IMPs in the BMP/IMP exhibit. Differentiate self-retaining areas from landscape areas. Use different symbols. 4) Some impervious areas are being directed to the proposed self-retaining areas with the maximum ratio of 2 impervious to 1 pervious. Provide volume calculations to show that l-inch of rainfall over each study area can be retained. 5) Soil engineer shall provide percolation rates and design criteria for all self-retaining areas. Provide details to show that the self-retaining areas will drain properly and within 72 hours after a storm event. 6) The SWMP & DMA/BMP exhibit identifies the grass-paver driveway as self-retaining BMP and as the treatment control BMP for DMA L. Please show how a grass-paver driveway meets the self-retaining criteria in the SUSMP as mentioned in item 2 above. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CD 12-09-Ocean Street Rldences October 25, 2012 • Page 2 DMA l has significant amount of impervious surface, approximately 12,000 square feet (roof and concrete pavement), therefore requires an effective treatment and flow control facility. The grass paver driveway cannot be considered as adequate treatment BMP since it has no treatment layer. It may be considered as self-treating if it meets the criteria shown on page 81 of the City SUSMP but cannot treat additional area other than itself. 7) SWMP report shows a run-off factor of 0.2 is used for the solid unit pavers on the driveways. Please label these solid unit pavers as pervious. Provide details showing solid pavers on a granular base and have a minimum of 3/16" joint space between pavers. Please ensure that the pavers are suitable to use on a 13% slope driveway as the required gap between solid pavers may cause them to move. 8) The BMP map shows that all inlet/outlet structures of bioretention IMPs are interconnected by one storm drain system with one discharge point at the northwest corner of the property. Provide details of the outlet structures. Show the location of the orifice for flow control to meet hydromodification and show the outlet for the 100 year storm event. 9) The DMA map shows that DMA Y and DMA K drain to POC2. Show how this is accomplished since DMA Y and DMA K are at lower elevations than POC2. 10) DMA Q drains into a landscape area, identified as self-retaining, adjacent to the building. The soils engineer may require this landscape area to be lined with impermeable liner. lined landscape area cannot be considered as self-retaining since no infiltration can occur. Please provide a separate IMP for DMA Q or route it to another IMP. Show its discharge point. 11) As indicated in item 2 above, DMA P does not meet the self-retaining criteria. However, DMA P can be considered self-treating since it is mostly landscaped area that discharges directly offsite, provided that no impervious surface drains into it. The walkways shown within DMA P can be paved with pervious pavers to satisfy the self-treating requirements. 12) DMA C, D, F, are each draining into several flow-through planter IMPs. Per SUSMP, page 68, one drainage management area cannot drain into more than one IMP. Show how several flow through planters are interconnected to act as one IMP or revise to provide only one flow through planter for each DMA. 13) Provide details of the proposed flow through planters. Indicate the ponding depth and the treatment layer depth and specifications. Provide details of the outlet structures and show the discharge points on the plan. CD 12-09-Ocean Street Rtdences October 25, 2012 • Page 3 14) In order to complete our review of the SDHM analysis, please submit the following: a) SDHM project file (.whm)-to examine the details of the input specifications. b) Project report generated by SDHM. c) HSPF input files (.UCI for user control input) for pre-development and post development simulation. 15) The bioretention basin detail shown on the BMP map does not reflect design results from SDHM analysis. Show the soil type and the thickness of each of the three layers as modeled in SDHM analysis. 16) Some bioretentions are adjacent to the building structures. The soils engineer may require impermeable lining. It is not clear from the SDHM generated report if infiltration was assumed in the analysis. If lined, no infiltration must be assumed in SDHM analysis. 17) The SDHM sizing results for bioretention basins do not show flow control orifices sizes. Please provide explanation in the narrative. This seems to indicate that 100% of the hydromodifications flows are infiltrated into the ground. Please revise SDHM analysis as required to be consistent with the soils engineer recommendations. 18) SDHM results do not provide flow-through planter sizing, including storage volume and flow control orifice. Please provide explanation in the narrative. 19) Provide access driveway profiles. Ensure that no street run-off drains into the driveways. Locate the high point at the right-of-way line. 20) The 1re eli tion of the ter ced reta1 ·ng wall Ok. iv al g the ster oundary sh n he previously a roved iminary gradin lan. ~ ...___......c;how a revise , non-terraced retaining wall design on t e preliminary grading an, fU "fcC It; indicate top and bottom of wall elevations and provide retaining wall cross-section. lojz...s/12......- 21) Provide a storm drain easement for the existing storm drain system that traverses the south easterly corner of the property. 22) Comply with all other comments shown on the red-lined preliminary grading plan and SWMP report. Resubmittal: 23) Please submit the following documents in the next review submittal: a) 1 copy of the revised tentative map including revised grading plan and utility plan CD 12-09-Ocean Street aldences October 25, 2012 Page 4 b) One copy of a revised Storm Water Management Plan c) 1st review redlined plans • • • CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: ~C~D~12~-0~9~--------------------------------------- BUILDING ADDRESS: _:2::..:3:..:0c.::3__:0::..:c::.::e=a:..:.n.:::Sc:.:.tr.::.ee::..:t'----------------------- PROJECT DESCRIPTION: _O=ce::.:a:::.n:...:S::..:t::..:re::.:e:..:t_:_Ro::ec::s:::id:::e:.:.nc::..:e::.::s _______________ _ ASSESSOR'S PARCEL NUMBER: FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: -------Date: ATTACHMENTS COMMENTS DENIAL Please see the attached report of deficiencies marked with 00. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. Date: 10-31-12 By: --------Date: By: --------Date: FIRE DEPARTMENT CONTACT PERSON NAME: Dominic Fieri ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 The grass pavers were only permitted for the turn-around portion of the of the rear fire access as indicated on red lines on sheet 2 of 8. Please make correction on site plan. • • REVIEW CHECKLIST SITE PLAN 1sTo 2ND• 3Roo D X D 1. Access: 0 Fire Department access inadequate. Provide fire access road in accordance with CMC 17.04.010. This access shall provide an unobstructed width of 24 feet, and a unobstructed vertical clearance or "clear-to-sky". 0 Gates. Gates securing access roads shall provide a clear opening of 16 feet in width, be provided with Optical pre-emptive sensing equipment and an approved keyed override switch 0 Dead-End access. Dead-end streets, aisles and driveways in excess of 150 linear feet shall be constructed in such a manner that fire apparatus can maneuver to reverse direction on the road. Or must provide appropriately designed turn-around. 0 Fire Access Road surface. The surface of all fire department access routes shall be of an impervious "all-weather'' surface material, designed to carry a minimum load of 75,000 pounds axel weight. X Alternative road surface. Alternative road surface materials such as turf block or grass crete may be approved by the Chief if; the applicant requests by letter for an approval of the use of Alternate Means and Materials and provide performance specifications and construction details which have been reviewed and certified by a licensed engineer. X Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. WATER IMPROVEMENT 1sToo 2Noo 3RD• D D D 1. Hydrants Additional on-site public water mains and fire hydrants are required. 0 Provide additional fire hydrants at intervals of 300 feet along public streets and/or private driveways. Hydrants should be located at street Intersections when possible, but no closer than 1 00 feet from the terminus of a street or driveway. 0 Provide additional fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. 0 Provide additional fire hydrants at intervals of 1000 feet along public streets LANDSCAPE 1 SToo 2Noo 3Roo D D D 1. Distance form structure or building to brush. 0 Indicate the distance frorn each structure to existing native vegetation or wildland area. 0 0 0 0 0 0 0 0 0 o ear yard set-backs. Provide dimensions. rear property line to structure o Fire control planting. Indicate how the proposed plan conforms to the City of Carlsbad Landscape Guidelines by depicting various fire control plantings or management zones which buffer structures from the hazards of undisturbed native vegetation. o Fire Control maintenance responsibility. Provide a maintenance plan which identifies who will be responsible for periodic fire control maintenance, how it will be accomplished, what maintenance benchmarks or standards are proposed and how they will be documented. o Access for emergency vehicles and maintenance. Provide access to all designated fire suppression zones for emergency vehicles and maintenance. FIRE SPRINKLERS 1. An automatic fire sprinkler system is required for this project because: o This project is located on a street that does not meet the minimum street width of twenty-eight (28) feet in a fire hazard zone. o This project is accessed from a Private street or driveway less than 24 feet in width. o This project is located on a street, access roadway or driveway that exceeds the maximum gradient of 10.0% (5.7degrees). o This project is located less than ten (1 0) feet from adjacent buildings (eave to eave) o The center or the furthest most wall or projection of the dwelling exceeds 150 feet from the "Center-line" of the nearest fire department access. This distance is measured along a path that simulates the route a firefighter may take to access all portions of the exterior of a structure from the nearest public road or fire access road. o This project exceeds or expands the aggregate floor area of five-thousand (5,000) square feet. Mezzanines and garages shall be included in the aggregate square footage calculation. Detached buildings such as cabanas, pool houses, 'granny flats' and the like shall be included in the total square footage if they meet any of the above conditions. 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS 4. You will be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. • October 30, 2012 TO: Shannon Wemeke, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Michele Masterson, Senior Management Analyst • FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review-Conceptual Review-I'' Review Ocean Street Residences, CD 12-09 Ocean Street MEL\ tile: 470-Ocean Street Residences-Con 1 Landscape Architect: GMP, Phone: (858) 558-8977 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. I. Please coordinate civil plans with landscape plans. Civil plans show hardscape in these landscape areas. Check all areas and insure coordination. Provide an updated copy of the civil plans with the next submittal for cross checking. 2. Please correct the sheet number. 3. Please provide a detail for the enhanced planter wall. 4. Please provide a detail for the glass patio wall. 5. Please provide a detail with proposed finishes for these walls. 6. Landscape plans shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Please provide wall vines and appropriate shrubs to soften and screen these walls. 7. All signs (including monuments) require separate permits. Please add the following note to the plans: "All project signage and monuments shall require a separate permit under the City of Carlsbad signage review process." 8. Sheets 8-11 appear to be missing. Please provide all sheets. 9. Please relocate trees outside of the utility/water easements. Check all sheets. I 0. Please show and label all easements on the landscape concept plans. 11. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. Ensure that landscape elements at interior private driveway intersections do not obstruct sight lines, so that circulation and pedestrian safety can be maintained. Please also show and label the vehicular sight lines as shown on the civil plans insuring no conflicts with plantings. 12. Indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. Ocean Street Residences Conceptual Plan Review • • October 30, 2012 Page 2 13. Invasive species shall not be added to a landscaped area. Please review all plantings against the Cal-IPC lists and insure no invasive species are used. 14. Avoid planting trees and large shrubs above or near sewer laterals, water mains, meter boxes and other utilities. Please review all areas and relocate trees as appropriate. Please show all sewer and water lines with meters on the plans and insure no conflicts. 15. Please add a note indicating that an encroachment agreement will be required where enhanced paving is located within the water easement. Please coordinate insuring that the enhanced paving along with this note is shown on the civil grading plans. 16. Landscape plans shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Please provide wall vines and/or appropriate shrubs to screen the trash enclosure. 17. 50% of the shrubs (except on slopes 3: I or steeper) shall be a minimum 5 gallon size. Please address. 18. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. 19. Street trees shall be located a minimum of seven feet from any sewer line and in areas that do not conflict with public utilities. Please address. 20. Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. Clarify that fountains are to use potable water. This plan will be forwarded to CMWD for review and approval. 21. Please label this wall. Is this an existing wall to remain? 22. Please label the plantable wall and reference the appropriate detail. 23. Please provide a detail reference for all walls. 24. The surface area of a water feature, including swimming pools and fountains, shall be included in a high water use hydrazone. Please include in the water use calculations as appropriate. 25. Please revise the plant factors using .I for very low water use, .3 for low water use, .5 for medium water use and . 8 for high water use. 26. Please revise the design as appropriate providing an ETWU that is equal to or less than the MAW A. Total water use currently shows that it exceeds the allowable water use. 27. Include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the City of Carlsbad's Water Efficient Landscape Regulations. I understand that construction drawings are to be prepared in compliance with those regulations and the Landscape Manual. I certifY that the plans will be prepared implementing those regulations to provide efficient use ofwatern 28. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. 29. Please add the following notes to the plans: Slopes 6: I or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard I -Cover Crop/Reinforced Straw Matting: • • • Ocean Street Residences Conceptual Plan Review October 30, 2012 Page 3 Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April IS. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2-Ground Cover One hundred (1 00%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 -Low Shrubs Low spreading woody shrubs (planted from a minimum of2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4 -Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of I gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes-6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #I. b. 3' to 8' in vertical height require Standards #I (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of8' in vertical height require Standards #I (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #I (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 30. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. 31. RETURN RED LINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) on the next submittal. (~~ CITY OF ~CARLSBAD • • Memorandum August 13, 2012 To: Shannon Werneke, Associate Planner From: Tecla levy, Associate Engineer Re: CD 12-09-Ocean Street Residences land Development Engineering staff has completed the first review of the above application submittal documents for completeness. The application documents submitted for this project are incomplete. Prior to next submittal, it is suggested the following items are adequately addressed: Incomplete items: 1) The applicant must submit a revised Storm Water Management Plan demonstrating how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Complete the HMP applicability checklist, Figure 2-1, on page 30 of the city SUSMP. For HMP exemption, the project must comply with the expanded HMP exemption criteria provided on page 32 of the city SUSMP. If claiming for Figure 2-1, node 5 exemption (directly discharging into an exempt water body), please provide evidence and/or justifications for this claim. The project does not appear to discharge directly into an exempt water body which is the Pacific Ocean. 2) The architectural plans show changes to the overall building layout and access driveway layout, addition of east driveway, increased courtyard area, increased community recreation space, elimination of slopes at the northern boundary, increased finished grade elevation from 18.66 feet to 21.66 feet. These proposed changes will significantly change the approved preliminary grading and utility plans. Provide a revised tentative map, a revised preliminary grading plan, a revised utility plan, a revised stormwater facilities, reflecting the above changes. Show revised finished grade elevations, finished contours, revised retaining walls, top and bottom of wall elevations, and the new east driveway. Provide revised grading quantities. Issues of Concern: 1) The proposed bioswale along the northern boundary of the project site appears inadequate to treat the entire project site. The revised architectural plan shows that the Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CD 12-09-Ocean Street Relences August 13, 2012 • Page 2 north access driveway has been moved 16 feet closer to the northern boundary further reducing the size of the proposed bioswale BMP to 4 feet wide (top width). This will not meet the minimum bioswale design requirement. A bioswale must have a minimum bottom width of 2 feet, a side slope of 3:1 and a 1 foot freeboard. Note that the proposed bioswale must also be designed to handle the 100-year storm event discharge. A check dam is also required at 50 to 100 foot intervals. Provide bioswale sizing calculations and cross section. Ensure that adequate area is provided on-site to meet treatment BMP requirement. Revise SWMP to include bioswale sizing BMP map, and cross-section. Show and label all proposed Storm Water treatment control BMPs on the preliminary grading plan. 2) Provide access driveway profiles. Ensure that no street run-off drains into the access driveway. Locate the high point at the right-of-way line. (See the red-lined plans). 3) The addition of east driveway would require elimination of the terraced retaining wall along the eastern boundary shown in the previously approved preliminary grading plan. Show a revised, non-terraced retaining wall design on the preliminary grading plan, indicate top and bottom of wall elevations and provide retaining wall cross-section. Resubmittal: 4) Please submit the following documents in the next review submittal: a) 1 copy of the revised tentative map including revised grading plan and utility plan b) One copy of a revised Storm Water Management Plan c) 1st review red lined plans • Bryan Bennett From: Sent: Rod Bradley [rbradley@bhaincsd.com] Friday, August 10, 2007 10:01 AM To: bennett@jhenthorn.com Subject: FW: Ocean Street Residences TM-APN 203-010-12 & 15 From: Williams, Michael [mailto:MWilliams@semprautilities.com] Sent: Thursday, August 09, 2007 4:11 PM To: Rod Bradley Cc: Rodriguez, Diane B. Subject: Ocean Street Residences TM -APN 203-010-12 & 15 Good afternoon Rod, .. Page 1 of 1 Per your request, San Diego Gas & Electric (SDG&E) has reviewed the above-mentioned Tentative Tract Map for conflicts with existing SDG&E easements and facilities. SDG&E has no conflict with the proposed Map, provided you: • Relocate the existing power poles and overhead electric lines which may conflict with your proposed structures. It is my understanding that you plan to convert all existing SDG&E overhead facilities to underground and provide SDG&E with any easements that may be required. Please coordinate your relocation efforts with Diane Rodriguez, SDG&E Customer Project Planner. Diane can be reached at (760) 480-7629. Once the existing facilities have been relocated, SDG&E will process a Quit Claim to release its interest in the existing overhead easements. If you have any further questions regarding SDG&E's land rights, please don't hesitate to call me. Mike Williams Sr. Lai!d Mailagement Represeillative San Diego Gas & Electric 8335 Century Park Ct, CPllD San Diego, CA 92123 (858) 654-1201 (858) 654-1263 fax 8/29/2007 RECEIVED t.UG 3 0 2007 CITY OF CARLSBAD PLANNING DEPT . • December 14, 2007 TO: FROM: RE: Barbara Kennedy, Associate Planner Michele Masterson, Management Analyst Meghan Jacobson, Senior Office Specialist Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review-Conceptual Review-41h Review Ocean Street Residences CTOS-12, CPOS-11, HDPOS-07, CDPOS-28 Ocean Street PELA file: 114 -Ocean Street Residences -CT05-12 -Con4 Landscape Architect: Randall Planning & Design Inc., Phone: (925) 934-8002 Comments have been satisfactorily addressed. • • 3. The Storm Water Management Plan (SWMP) prepared for the project shall show how the project design incorporates Low Impact Development (LID) practices. Low Impact Development (LID) Design should reference the current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). The design shall help preserve and restore the natural hydrologic cycle of the site by allowing filtration and infiltration of urban run-off using LID BMPs including but not limited to vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. • • December 14, 2007 TO: FROM: RE: Barbara Kennedy, Associate Planner Michele Masterson, Management Analyst Meghan Jacobson, Senior Office Specialist Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review-Conceptual Review-4'h Review Ocean Street Residences CTOS-12, CPOS-11, HDPOS-07, CDPOS-28 Ocean Street PELA file: 114 ~Ocean Street Residences-CT05·12 -Con4 Landscape Architect: Randall Planning & Design Inc., Phone: (925) 934-8002 Comments have been satisfactorily addressed. 858 654 1263 DATE: SOG&E • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DECEMBER 7. 2007 07·54:27 p_m • REVIEWNO: 4 TO: 1:81 Engineering, Development Services-Terie Rowley 0 Police Department-J. Sasway FROM: 1:81 Fire Department -Greg Ryan 1:81 Building Department -Will Foss D Recreation -Mark Steyaert 1:81 Public Works Department (streets)-Thomas Moore D WateriSewer District 1:81 Landscape Plancheck Consultant -PELA 1:81 Carlsbad Unified School District 0 North County Transit District -Planning Department 0 Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) 1:81 SDG&E *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): CT 05-121 CP05-11/ HOP 05-07/ COP 05-28 PROJECT TITLE: OCEAN STREET RESIDENCES APPLICANT: HENTHORN AND ASSOCIATES PROPOSAL: DEMO OF EXISTING 50 UNIT APT AND CONSTRUCTION OF 35 UNIT CONDO PROJECT Please review and submit written comments and/or conditions to MEGHAN JACOBSON, Senior Office Specialist in the Planning Department at 1635 Faraday Avenue, by 12/27107 . If you have "No Comments", please so state. If you have any questions, please contact BARBARA KENNEDY , at X4626 . Thank you COMMENTS: N] ( .DN\1'1\flif PLANS ATIACHED Review & Comment 09/07 DATE: • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DECEMBER 7. 2007 TO: [8'J Engineering, Development Services-Terie Rowley D Police Department-J. Sasway FROM: [8'J Fire Department-Greg Ryan [8'J Building Department-Will Foss D Recreation -Mark Steyaert [8'J Public Works Department (streets)-Thomas Moore D Water/Sewer District [8'J Landscape Plancheck Consultant -PELA [8'J Carlsbad Unified School District D North County Transit District -Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) [8'J SDG&E *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): CT 05-12/ CP05-11/ HOP 05-07/ COP 05-28 PROJECT TITLE: OCEAN STREET RESIDENCES APPLICANT: HENTHORN AND ASSOCIATES PROPOSAL: DEMO OF EXISTING 50 UNIT APT AND CONSTRUCTION OF 35 UNIT CONDO PROJECT Please review and submit written comments and/or conditions to MEGHAN JACOBSON, Senior Office Specialist in the Planning Department at 1635 Faraday Avenue, by 12/27/07 . If you have "No Comments", please so state. If you have any questions, please contact BARBARA KENNEDY , at X4626 . Thank you COMMENTS: (. '{Ztl/l(A/ 0I$1fr2>LltJ ~"':>161{;.9 rT'fffVORIZt:J:; ffrL WJtr.:, ~ !flK.Qtf/&- PLANS ATTACHED Review & Comment 09/07 • • CARLSBAD FIRE DEPARTMENT PLANtcflitGaarr Fire Prevention Division Land Use Review Report PROJECT NAME: Ocean Street Residences Date: 01/09~0f? Project number: CDP 05-028 I CP 05-0011 I HDP 05-007 I CT 05-12 Staff Planner: B. Kennedy Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire has reviewed this application and has no comments or conditions. GR • • CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report PROJECT NAME: Ocean Street Residences Date: 06/22/06 Project number: Xi Dli J8 C-T OS -t 'J-- Staff Planner: B. Kennedy Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Plans indicate that this entire project shall be provided with automatic fire sprinklers. It should be noted that the garage level Storage rooms shall also be provided with fire sprinklers. The storage unit doors shall be provided with view windows and a chain link fence material as a horizontal barrier between the fire sprinkler deflector and the maximum storage height (18 inches below sprinkler deflector). Fire has reviewed all revisions to previous submittal and would concur that with the exception of the above that all other fire conditions have been met. GR DATE: TO: FROM: I • CITY OF CARLSBAD REVIEW AND COMMENT MEMO AUGUST 30. 2007 REVISED PLANS D 3RD REVIEW ENGINEERING, DEVELOPMENT SERVICES-TERIE ROWLEY POLICE DEPARTMENT-J. SASWAY [8] D D D D D D [8] D D D D D FIRE DEPARTMENT-GREG RYAN BUILDING DEPARTMENT-WILL FOSS RECREATION-MARK STEYAERT PUBLIC WORKS DEPARTMENT (STREETS)-THOMAS MOORE _____________________________ WATER/SEWER DISTRICT LANDSCAPE PLANCHECK CONSULTANT-PELA .,.,....,..=----o----:-:=:-:-:::::--c-==---=S C HOOL D !STRICT NORTH COUNTY TRANSIT DISTRICT-PLANNING DEPARTMENT \,(\ SEMPRA ENERGY-LAND MANAGEMENT \Col A A 11 u CAL TRANS (send anything adjacent to 1-5) N '!D~ \ {' tr"'" \' PARKS/TRAILS-LIZKETABIAN "\,~\ •. ~~ lo *ALWAYS SEND EXHIBITS ~ '\\\ rft" Jb PLANNING DEPARTMENT ~0 ~.., REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): SOP 06-10 (AFFORDABLE HOUSING SITE) SEPARATE COMMENT AND REVIEW ROUTED FOR CT 05-12/ CP 05-11/ HOP 05-07/ COP 05-28 PROJECT TITLE: Roosevelt Multi-family APPLICANT: Jack Henthorn & Associates PROPOSAL: Affordable housing Please review and submit written comments and/or conditions to MEGHAN JACOBSON, Senior Office Specialist in the Planning Department at 1635 Faraday Avenue, by 09/20/07 . If you have "No Comments", please so state. If you have any questions, please contact Barbara Kennedy, at x4626. THANK YOU COMMENTS: ________________________ __ PLANS ATTACHED Review & Comment 01/07 • I • City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM May 24,2007 TO: Barbara Kennedy, Planning FROM: Clyde Wickham, Engineering SUBJECT: 3'd ENGINEERING REVIEW OF OCEAN STREET RESIDENCES (CT 05-12, COP 05·28, CP 05-11, HDP 05-07) Engineering Department staff has completed a 3'd review of the application submittal documents for application completeness. The application and plans submitted for this project are from an Engineering standpoint considered complete with outstanding issues to be resolved prior to conditional approval: Many of the issues raised on the previous review are still outstanding. Many comments made on the TM I Site Plan (2"d check) are also remaining I have highlighted issues that are still considered unresolved and have expanded on those that could be clarified. I Engineering Concerns 1. Revise the Tentative Map to depict and callout the correct subdivision boundary. Although the boundary information is reflected on sheet 7, the TM sheets should also show the property boundary information so staff can verify no conflicts. The existing Right of Way along Ocean Street is considered the subdivision boundary along the street frontage. Additional dedication is required to comply with City Council Action (50' Right of Way). The cross section on sheet 1 of the TM should be corrected to show existing AND proposed conditions. Stairs, ramps and landings must be shown. 2. Please correct the condominium note on sheet 1 to reflect that 18 Airspace Condominiums are proposed on 1 lot. The existing note states that 35 units are proposed, and does not clarify the airspace aspect of the development. 3. Clarify the size of (proposed) storm drain facility near the southeast property corner. Simply add another note stating it is an 18" RCP (if that is the size). If this is a public storm drain, clarify how this facility can be repaired or replaced considering the proposed retaining walls and structures located so close. If public, revise the TM to depict a proposed 15-ft wide easement over the existing and proposed facility. Is the adjacent property owner agreeable to the proposed alignment? Will they grant an easement? Do you have anything in writing (from the neighbor) to support this alignment? The outfall of the proposed storm drain is unclear. The TM shows a D-41 outlet near a balcony, retaining wall and fence without easement or maintenance access. Please clarify private maintenance responsibilities or method of public access in this area. 4. 5. 6. 7. 8. 9. 10. Note #3 (bottom rilt corner sheet 2) states "No inform!n regarding the size or material is available regarding the existing storm drain at the southeast corner of the property. The storm drain is a public storm drain, accepting water from Ocean Street. However no information exists." Upon looking at Drawing 147-2 Sheet 4 of 4, I found information that shows the 12" CMP in plan and profile view of this storm drain. Please correct this statement. The proposed project could upgrade and replace the existing storm drain and follow the existing easement in lieu of diverting public water onto private property. Please contact the adjacent property owner for access and temporary construction easement. Revise the water quality technical report to include the 10% slope of the grassy swale and the increased velocity. The last page in section 2 (before Operation and Maintenance section) incorrectly states that the slope is .05%. There is a project under construction that is installing a permeable filter system with a storm drain component that could fit this development and satisfy the Maximum Extent Practicable (MEP) portion of the Regional Requirements. Section 2.1 of the Water Quality Technical Report states that existing flows will be maintained. The calculations that verify this element are absent or missing. Buena Vista Lagoon is an impaired Water Body according to San Diego Regional Water Quality Control Board 303(d) listing dated 2002. The indicators for this listing are: Bacteria, Nutrients and Sedimentation I Siltation. The Water Quality Technical Report needs to filter these specific pollutants and the identified pollutants of this project to the maximum extent practicable (MEP). The proposed "Swale Guard and Vegetated Swale fall short on hydrocarbons, bacteria, pesticides and nutrients. Additional considerations should be investigated. The new regulations and concepts in place direct that increased flows will be detained to equal existing runoff from development. Provide a letter from SDG&E stating they do not object to this project, considering they have existing easements encumbering the property. The letter submitted is a generic "will serve" letter without mention of site specific encroachments. Please clarify the SDG&E will accept the proposed development. Please refer to sheet 7 and sheet 2 for the conflicts with proposed sewer, water and retaining walls. Revise the TM to depict the limits of public sewer and private sewer. The complete sewer system including pump station and force main will be private until connection to the existing sewer access hole in the middle of Ocean Street. The access hole located in the public right of way I driveway should be relocated back a few feet onto private property. See 3'd check TM I Site Plan for comment. Section EIE on top of sheet 2 indicates a retaining wall is proposed. The plan view on the same sheet shows a 2:1 slope with a limited area to handle drainage. Please clarify this issue and show the volume of water anticipated. Address the method of drainage adjacent to the wall, fence and balcony, mentioned above. Reconsider the drainage issue along the northeast portion of the project where the space is restricted to handle drainage flow. An important note to mention is: The right of way for Ocean Street is 50'; a 1 foot dedication of public right of way may be required. I • 11. Revise the TM to address all redline comments as noted on the returned plans. There are many comments and corrections on the TM that were not answered. I have restated them on the 3'd review and added an asterisk (*) to note previous comment remaining. Enclosed is a redlined check print of the project. This check print must be returned with the revised plans to facilitate continued staff review. If you have any questions, please call me at 602-27 42. I • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: APRIL 16, 2007 REVISED PLANS ~ TO: er 0 rNEERING-DEVELOPMENT SERVICES, ATTN: TERIE ROWLEY POLICE DEPARTMENT· ATTN: J. SASWAY ! 0 0 ~ FIRE DEPARTMENT-GREG RYAN BUILDING DEPARTMENT-MIKE PETERSON RECREATION· MARK STEYAERT PUBLIC WORKS DEPARTMENT (STREETS)-THOMAS MOORE ___________ WATER/SEWER DISTRICT LANDSCAPE PLANCHECK CONSULTANT· PELA ___________ SCHOOL DISTRICT 0 D D 0 NORTH COUNTY TRANSIT DISTRICT-PLANNING DEPARTMENT SEMPRA ENERGY-LAND MANAGEMENT CAL TRANS (send anything adjacent to 1-5) PARKS/TRAILS-LIZ KETABIAN *ALWAYS SEND EXHIBITS FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): CT 05-12. CP 05-11. HOP 05-07 COP 05-28 PROJECT TITLE: OCEAN STREET RESIDENCES APPLICANT: 2303 INVESTORS L P PROPOSAL: DEMOLITION OF EXISTING APARTMENT BUILDING AND CONSTRUCTION OF 35 NEW CONDOMINIUM UNITS Please review and submit written comments and/or conditions to MICHELLE LENKOWSKI, Senior Office Specialist in the Planning Department at 1635 Faraday Avenue, by 05/04/2007. If you have "No Comments", please so state. If you have any questions, please BARBARA KENNEDY, at 602-4626. THANK YOU coMMENTS: Please ~ jha %e. t-.-fF>tddote. k\lli~·, "& ~fliDte.,q7- w~l\ 6e Utd-IAv\d.U s.~~ ~-£.DP o(o-lb PLANS ATTACHED Review & Comment 01/07 PROJECT NAME: Date: Project number: Staff Planner: • CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report Ocean Street Residences 05102107 PLANNING DEPT TRACKING DESK REC'D: o~/o;;~.t97 / CDP 05-028 I CP 05-0011 I HDP 05-007 I CT 05-0012 B. Kennedy Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire has reviewed this application and has no comments or conditions. GR FILE COPY Cit of 3·7· O'g Carlsbad NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON March 7. 2008 Application#: CT 05-12/CP 05-11/CDP 05-28 Case Name: Ocean Street Residences Applicant: Timothy Clark. 2303 Investors. LP Address: 1020 Prospect Street. Ste 314 La Jolla CA 92037 Phone: (858)456-0014 Filing Date: 6/10/05 Decision Date: · ,31"'5,_,10,8,___ _________ _ Agent (if different): Jack Henthorn and Associates Address: P. 0. Box 237 Carlsbad CA 92018-0237 Phone: (760) 438-4090 Project Description: Tentative Tract Map. Condominium Permit. and Coastal Development Permit to demolish an existing 50-unit apartment complex and to subdivide the 3.05 acre site and construct 35 residential air-space condominium units on one HOA lot. Project Location: 3203 Ocean Street on the north side of Ocean Street and west of Mountain View Drive within the Mello II Segment of the local Coastal Program and Local Facilities Management Zone 1. /APN 203-010-12 & 15) ACTION: 0 APPROVED ~ APPROVED WITH CONDITIONS 0 DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: ~ NOT APPEALABLE TO THE COASTAL COMMISSION. 0 APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (1 0) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: -Location Map to CCC for non-appealable CDPs -Staff Report to CCC for appealable CDPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety {90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ SITE MAP • N I NOT TO SCALE Ocean Street Residences CT 05-12 I CP 05-11 I COP 05-28 '!' April 23, 2007 TO: Barbara Kennedy, Associate Planner Michele Masterson, Management Analyst Michelle Lenkowski, Senior Office Specialist PLANNING DEPT TRACKING DESK REC'D: mh<~/o--, / FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review-Conceptual Review-2"d Review Ocean Street Residences CTOS-12, CPOS-11, HDPOS-07, CDPOS-28 Ocean Street PELA file: 114 Ocean Street Residences-C'f05-l2-Con2 Landscape Architect: Randall Planning & Design Inc., Phone: (925) 934-8002 Please advise the applicant to make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS I. Completed. 2. Provide a plant palette list indicating the following: a. Shrub types and quantities (approximate). 2"d Review: Please indicate quantities by size. It needs to be insured that a minimum of 50% of the shrubs (excluding slopes) are 5 gallon size. A note can be added indicating that a minimum of 50% of the shrubs will be a minimum size of 5 gallon. b. Completed. 3-7 Completed. 8. Please show and label all property lines, easements and rights-of-way on all landscape plans. 2nd Review: No trees are allowed within the easements. Please coordinate relocation of the water and sewer easement to allow the tree plalllings at the southwest corner of lot # 7. 9-10 Completed. II. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please show how this requirement is being met. 2"d Review: See comment 2a above. 12. Completed. 13. Please identify all symbols used on the plans. 14. Completed. 15. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street comers within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please show all sight lines on the plans. 2"d Review: Please correct the sight lines and remove any items over 30" within this area including the monument. Ihe sight lines are not shown with the required 25 'dimension. 16-17 Completed. I Ocean Street Residences CTOS-12, CPOS-11, HDPOS-07, CDPOS-28 Conceptual Plan Review • April 23, 2007 Page 2 18. Plans and sections show large plant materials above the subterranean parking. Will there be sufficient soil depth and structural support for the large palms and trees? Large trees and planting areas will be necessary; therefore please insure appropriate support structures. Please address. 2"d Review: Some planter areas appear to be less than 2' deep and a portion lif this depth may be lost to drainage elements. Please show the smallest planting depths in each planting area and provide a detail with cross section showing drainage with final depth of growing medium. 19. Retaining wall elevations appear to differ from the civil plans (i.e. section G-G D-D on landscape shows a¥ 7' wall on the west property line where civil plans show an W 8. 76' wall). Please review all sections and provide accurate graphic information. Final comments are reserved pending coordination. 20. Retaining walls are proposed around the site with varying heights; some quite high. Walls above 3' need to be softened with landscaping. In some cases (west property line) there is no planting proposed in front of the wall. In all areas plans are too conceptual to evaluate the plantings at these walls. Please fully address plantings at retaining walls showing how the walls will be softened. Planting area is needed in front of the west property line wall to both soften and enhance this wall. 21. Water conservation plans shall include but not be limited to: a. Extent of Planting Zone I (Lush)-Intiieate pereentage of Zone I planting (per Appendilc A) of the totallantiseaped area (as defined in Appendix G). Provide justification for the appropriateness of where Zone I plantings are used in terms of water conservation. (For example, are Zone 1 plantings in areas of shade where they will use less water and/or has the soil been suitably amended so as to retain relatively greater moisture?) b. Proposed turf areas. (See limitations in IV.C.3-4.2) Give percentage of turf of the total landscaped area. (See comment 23 below.) 22. Completed. 23. Turf areas shall be limited by type of project and percentage of landscaped area in accordance with the following: RMH: 30% (cool season grass) or 50"/o (warm season grass). Please provide percentage of turf proposed insuring that these maximums are not exceeded. 24-25 Completed. 26. Slopes 6: I or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard I -Cover Crop/Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Straw matting shall be required when planting occurs between August 15 and April 15. • .. Ocean Street Residences CTOS-12, CPOS-II, HDPOS-07, CDPOS-28 Conceptual Plan Review • April 23, 2007 Page 3 During the remainder of the year the cover crop and /or straw matting may be used. b. Standard #2 -Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). (See Hydroseeding) c. Standard #3 -Low Shrubs Low spreading woody shrubs (planted from a minimum of2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4-Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of I gallon containers) at a minimum rate of one (I) per two hundred (200) square feet. Slopes-6: I or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard # l -Cover Crop/straw mat. b. 4' to 8' in vertical height required Standards # l, #2 and #3. c. In excess of8' in vertical height require Standards #1, #2, #3, and #4. Please address show these requirements are met on the slope areas. 2"d Review: The city Engineering Department no longer allows jute mesh. Please revise to reinforced straw mat. 27. Completed. 28. RETURN RED LINES and provide 2 copies of all plans (concept, water conservation plan) on the next submittal. NEW COMMENTS lA. Zones do not match plan sheets from L-1.2 to L-1.3. Please coordinate plans (i.e. Zone 2 refined landscape on sheet L-1.2 is shown as Zone 4 low water use plantings on sheet L-1.3 ). Check all zones and coordinate. 2A. Please indicate plantings in all landscape areas. . ' • • August 5, 2006 TO: Barbara Kennedy, Associate Planner Michele Masterson, Management Analyst FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review -Conceptual Review -I" Review Ocean Street Residences CTOS-12, CPOS-11, HDPOS-07, CDPOS-28 Ocean Street PELA file: 114-Ocean Street Residences-CT05-l2 --Conl Landscape Architect: The Collaborative West, Phone: (949) 366-6624 Please advise the applicant to make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. I. Plans are too conceptual to allow an appropriate review. There is one symbol used for several trees/palms. In several cases the list of possible trees/palms has plants that are drastically different. One symbol is used for all shrubs, vines and ground covers where the list of shrubs is very different in character and there is no way to determine if ground covers are used versus shrubs. Please provide one symbol for each tree and palm unless they have the same character (i.e. evergreen of same height and width and character) and provide one symbol for each type of shrub (i.e. large evergreen screen shrub; medium evergreen shrub; small flowering accent shrub; etc.). Please provide separate symbols for ground covers so that it can be determined where ground covers are used and where shrubs are used. Final comments are reserved pending more complete plans. 2. Provide a plant palette list indicating the following: a. Shrub types and quantities (approximate) b. Proposed plant sizes (either by number or% of total quantitv) 3. All planting areas shall be outlined as one of the four planting zones below and described in Appendix A: Zone One Lush Zone Two Zone Three Refined Naturalizing/Transitional Zone Four Native Although some of the zones can be found on sheet Ll, zone I is not readily visible. This may be because of poor print quality or it is not shown. Please provide legible plans that clearly delineate all zones. 4. Please indicate the landscape maintenance responsibilities for all areas. 5. It is unclear how the boundaries ofHOA and homeowner maintained landscape is to be established. Is there a fence or wall separating these areas? Please label all fences and walls on the plans clearly indicating separation between the two. Please indicate heights and materials of all walls. If there is no separation, how will boundaries be established? 6. Please identify all symbols on the maintenance plan. • • Ocean Street Residences CTOS-12, CPOS-II, HDPOS-07, CDPOS-28 Conceptual Plan Review August 5, 2006 Page 2 7. Landscaping appears to be shown in private homeowner maintained areas. Are these areas to be landscaped by the homeowner or by the developer? Please explain. 8. Please show and label all property lines, easements and rights-of-way on all landscape plans. 9. Please graphically show all zones on sheet L5. I 0. Show any bio-swales/detention basins or underground drainage collection systems (in or under planting areas that could impact the planting) and work these facilities into the design. II. 50% of the shrubs (except on slopes 3: I or steeper) shall be a minimum 5 gallon size. Please show how this requirement is being met. 12. Spacing of plants shall allow for their size at maturity. Please show how this requirement is being met. 13. Please identify all symbols used on the plans. 14. Trees with surface root systems and/or broad branch structures shall be planted only where sufficient space is available. Please review all proposed tree locations and insure appropriate area. Plans are presently too conceptual in nature to check this requirement. 15. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street comers within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please show all sight lines on the plans. 16. All utilities are to be screened. Please show and label all utilities and provide appropriate screening. Please also locate all light poles on the landscape plans and insure that there are no conflicts with trees. 17. Please correct the graphic scale. 18. Plans and sections show large plant materials above the subterranean parking. Will there be sufficient soil depth and structural support for the large palms and trees? Large trees and planting areas will be necessary; therefore please insure appropriate support structures. Please address. 19. Retaining wall elevations appear to differ from the civil plans (i.e. section C-C on landscape shows a 5' wall on the west property line where civil plans show a 10' wall). Please review all sections and provide accurate graphic information. Final comments are reserved pending coordination. 20. Retaining walls are proposed around the site with varying heights; some quite high. Walls above 3' need to be softened with landscaping. In some cases (west property line) there is no planting proposed in front of the wall. In all areas plans are too conceptual to evaluate the plantings at these walls. Please fully address plantings at retaining walls showing how the walls will be softened. Planting area is needed in front of the west property line wall to both soften and enhance this wall. 21. Water conservation plans shall include but not be limited to: a. Extent of Planting Zone I (Lush)-Indicate percentage of Zone I planting (per Appendix A) of the total landscaped area (as defined in Appendix G). Provide justification for the appropriateness of where Zone I plantings are used in terms of water conservation. (For example, are Zone I plantings in areas of shade • • • Ocean Street Residences CTOS-12, CPOS-11, HDPOS-07, CDPOS-28 Conceptual Plan Review August 5, 2006 Page 3 where they will use less water and/or has the soil been suitably amended so as to retain relatively greater moisture?) b. Proposed turf areas. (See limitations in IV.C.3-4.2) Give percentage of turf of the total landscaped area. (See comment 23 below.) 22. Landscape design shall include water conservation as a primary criterion. The principals of xeriscape shall be incorporated into design and maintenance. Plants known to have relatively high water needs shall be used sparingly and in situations where they will require the least amount of water. Please provide for these requirements. 23. Turf areas shall be limited by type of project and percentage oflandscaped area in accordance with the following: RMH: 30% (cool season grass) or 50% (warm season grass). Please provide percentage of turf proposed insuring that these maximums are not exceeded. 24. Per the water conservation section of the manual (C.3-4.6}, woody shrubs must be planted over herbaceous groundcover to cover 60"/o of the groundcover area at maturity. Please show how this requirement has been met. 25. Plant materials used on slopes shall be those species that are known to have low water requirements and rooting systems of various depths that will minimize erosion and soil slippage. Please review all proposed slope plantings and insure this requirement is met. 26. Slopes 6: I or steeper requiring erosion control measures as specified herein shall be treated with one or more ofthe following planting standards: a. Standard 1 -Cover Crop/Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30} days. Type of straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Straw matting shall be required when planting occurs between August 15 and April 15. During the remainder of the year the cover crop and /or straw matting may be used. b. Standard #2-Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). (See Hydro seeding) c. Standard #3 -Low Shrubs Low spreading woody shrubs (planted from a minimum of2-3/4 inch liners) shall cover a minimum of seventy (70"/o) percent of the slope face (at mature size). d. Standard #4-Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of I gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes-6: I or steeper and: • • • Ocean Street Residences CTOS-12, CPOS-II, HDPOS-07, CDPOS-28 Conceptual Plan Review August 5, 2006 Page4 a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #I-Cover Crop/straw mat. b. 4' to 8' in vertical height required Standards #I, #2 and #3. c. In excess of8' in vertical height require Standards #I, #2, #3, and #4. Please address show these requirements are met on the slope areas. 27. Landscaping shall be used to accentuate and enhance architecture. Plans are too conceptual to allow an appropriate review of this and other requirements. See comment number I. 28. RETURN RED LINES and provide 2 copies of all plans (concept, water conservation plan) on the next submittal. July 19, 2006 .. City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM TO: Barbara Kennedy, Planning FROM: Clyde Wickham, Engineering SUBJECT: 2"d ENGINEERING REVIEW OF OCEAN STREET RESIDENCES (CT 05-12, COP 05-28, CP 05-11, HOP 05-07) Engineering Department staff has completed a 2"d review of the application submittal documents for application completeness. The application and plans submitted for this project are from an Engineering standpoint considered complete with outstanding issues to be resolved prior to conditional approval: 1. Revise the Tentative Map to depict and callout the correct subdivision boundary. Although the boundary information is reflected on sheet 7, the TM sheets should also show the property boundary information so staff can verify no conflicts. The existing Right of Way along Ocean Street is considered the subdivision boundary along the street frontage. 2. Clarify the size of storm drain (proposed) facility near the southeast property corner. If this is a public storm drain clarify how this facility can be repaired or replaced with the proposed retaining walls and structures so close. If public, revise the TM to depict a proposed 15-ft wide easement over the existing facility. Is the adjacent property owner agreeable to the proposed alignment? Will they grant an easement? Do you have anything in writing (from neighbor) to support this alignment? 3. Revise the water quality technical report to include calculations that demonstrate the water treatment controls meet numeric sizing criteria. Choose either flow- based or volume-based criteria. 4. Provide a letter from SDG&E stating they do not object to this project, considering they have existing easements encumbering the property. 5. Revise the TM to depict a proposed 20-ft wide public waterline easement that encompasses the proposed onsite waterline. Backflow preventers, detector check valves and other appurtenances are adjacent to the public easement and meter (public). • Ocean Street Reside& 1 .. July 19, 2006 Page 2 of 3 6. Provide a letter from the trash company stating they will be able to access and serve this project. Revise the TM to add a note indicating: "No Parking anytime" signs will be posted along 'allil1iiitnal drive aisles. 7. Provide a copy of certificate of compliance recorded as doc 75-342059 as listed in the preliminary title report. B. On sheet 1 of the TM dimension the bio-swale on the proposed typical section of the private driveway. (see notes on sheet 1 and sheet 2). 9. Revise sheet 2 of the TM to clarify the height and type of existing fence along the westerly property line. Revise the TM to clarify if a safety fence is prudent along the high portions of the retaining wall. Without protection, adjacent property owners/tenants may have a potential to fall 1O-ft+ down the retaining wall onto the site. Please address. A cross section depicting the grE)atest height (varies _ft. to _ft.) would be helpful (see notes on sheet 6). 10. Revise TM to add light shading to all proposed driveway paving. Show concrete edge or cross gutter where polypropylene pavers are proposed. A detail of this improvement is recommended (see notes on sheet 6). 11. An important note to keep mentioning is: Grading and improvement plans will be required to develop this project as shown. 12. Revise the TM to address all redline comments as noted on the returned plans. Enclosed is a redlined check print of the project. This check print must be returned with the revised plans to facilitate continued staff review. If you have any questions, please call me at 602-27 42. Attachment .. CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report PROJECT NAME: Ocean Street Residences Date: Project number: Staff Planner: 06/22/06 SDP 06-10 B. Kennedy Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Plans indicate that this entire project shall be provided with automatic fire sprinklers. It should be noted that the garage level Storage rooms shall also be provided with fire sprinklers. The storage unit doors shall be provided with view windows and a chain link fence material as a horizontal barrier between the fire sprinkler deflector and the maximum storage height (18 inches below sprinkler deflector). Fire has reviewed all revisions to previous submittal and would concur that with the exception of the above that all other fire conditions have been met. GR PROJECT NAME: Date: Project number: Staff Planner: I • CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report Ocean Street Residences 06114105 CDP 05-028 I CP 05-0011 I HDP 05-007 I CT05-0012 B. Kennedy Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire has reviewed this application and have no comments or conditions at this time. GR " ' July 11, 2005 TO: FROM: I • City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM Barbara Kennedy, Planning Jeremy Riddle, Engineering SUBJECT: 151 ENGINEERING REVIEW OF OCEAN STREET RESIDENCES (CT 05-12, COP 05-28, CP 05-11, HOP 05-07) Engineering Department staff has completed a review of the application submittal documents for application completeness. The application and plans submitted for this project are incomplete and unsuitable for further review due to the following missing or incomplete items: !Incomplete Items 1. Revise the Tentative Map to depict and callout the subdivision boundary. Although the boundary information is reflected on sheet 7, the TM sheets should also show the property boundary information so staff can verify no conflicts. 2. Clarify the size type and ownership of the existing storm drain facility near the southeast property corner. If this is a public storm drain clarify how this facility can be repaired or replaced with the proposed retaining walls and structures so close. If public, revise the TM to depict a proposed 15-ft wide easement over the existing facility. 3. Revise the water quality technical report to include calculations that demonstrate the water treatment controls meet numeric sizing criteria. Choose either flow- based or volume-based criteria. 4. Revise the TM to demonstrate how each unit will be individually metered for potable water, plus a service for irrigation. Master-metering of potable water is not permitted. 5. Provide a letter from SDG&E stating they do not object to this project, considering they have existing easements encumbering the property. 6. Revise the TM to depict a proposed 20-ft wide public waterline easement that encompasses the proposed onsite waterline. Below I have also listed engineering concerns that should be addressed prior to final Ocean Street Residenc' July 11, 2005 Page 2 of3 determination or conditioning: I Engineering Concerns General • 1. Revise the TM to include the application numbers in the upper right-hand corner of the exhibits. 2. Provide a letter from the trash company stating they will be able to access and serve this project. 3. Revise the TM to include a water quality note on sheet 1 that describes the bmp treatment device chosen to filter pollutants before discharge from the project. 4. Revise the TM to add a note indicating: "No Parking anytime" signs will be posted along all internal drive aisles. 5. Revise the TM to describe the maximum number of units proposed under the condominium note on sheet 1. 6. Provide a copy of certificate of compliance recorded as doc 75-342059 as listed in the preliminary title report .. 7. Add a north arrow to the index map on sheet 1. 8. On sheet 1 of the TM depict the bio-swale on the proposed typical section of the private driveway. 9. On sheet 2 of the TM, add notes to clarify the proposed onsite pump station is private, is for sewer purposes, and will include a generator backup system. 10. Revise sheet 2 of the TM to clarify the height and type of existing fence along the westerly property line. Revise the TM to clarify if a safety fence is prudent along the high portions of the retaining wall. Without protection, adjacent property owners/tenants may have a potential to fall 1O-ft+ down the retaining wall onto the site. Please address. 11. Revise sheet 2 of the TM to callout the swale-gard on the inlet per the water quality technical report. 12. Revise sheet 2 of the TM to depict and callout the easterly adjacent driveway along Ocean Street. 13. Revise TM to add light shading to all proposed driveway paving. ' Ocean Street Residencl July 11, 2005 Page 3 of3 • 14. Revise sheet 2 of the TM to callout the material of the proposed fire department turnaround. 15. Sheet 7 of the TM indicates an existing water easement granted to Carlsbad (near the southeast property corner), but the TM does not indicate the existence of utilities. Please address this discrepancy. 16. FYI: This project will require a grading permit and will be conditioned to obtain one. 17. FYI: This project will require the preparation and processing of an improvement plan for the proposed public waterline and other associated improvements in the right-of-way. 18. Revise the TM to address all redline comments as noted on the returned plans. Enclosed is a redlined check print of the project. This check print must be returned with the revised plans to facilitate continued staff review. If you have any questions, please call me at 602-2737. Attachment d~_A. CITY OF VcARLSBAD Community & Economic Development November 26, 2013 Jim McMenamin Zephyr Partners 11750 Sorrento Valley Road, Ste. 130 San Diego, CA 92121 www.carlsbadca.gov SUBJECT: NOTICE OF RESTRICTION-CT 05-12/CP 05-11/CDP 05-28-Ocean Street Residences Dear Applicant: Please find the enclosed Notice and Waiver for Railroad Impacts that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of Ocean Street Residences, CT 05- 12/CP 05-11/CDP 05-28. Please ensure the following items are addressed prior to returning the Notice: <I' Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)} <I' Document must be properly notarized. <I' Name on signature page and name on Notarial Acknowledgement must match. <~' Property owner's signatures/initials must be the same as on Notary Acknowledgement. <~' Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light} ./ Include property owner's name in the designated space above the owner's signature. <~' Please pay particular attention to the signature requirements at the bottom ofthe signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, ~~ SHANNON WERNEKE Associate Planner c: CED Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 · ltJ Procopio" Procopio. Cory,Jiargreav.:s Wld Savitch LLP 525 B Street. Suile 2200 San Dlcgo, CA 92101 T. 619.238.1900 F. 619.235.0398 www.procopio.com November 7, 2013 Evelyn F. Heidelberg Direc1 Dial: (619) 525.3804 E·Mail: eve\yn.hc:idelbcrg@procopio.com Jay J. Brown, Esq. Feist, Vener, Knauf & Loy 5120 A venida Encinas, Suite I I 0 Carlsbad, CA 9201 8-1307 Re: Proposed License Agreement between The Beach Homeowners Association and Ocean Street 8 Owners, LLC Dear Mr. Bro·wn: On behalf of my client, Ocean Street 8 Owners, LLC, I have reviewed the proposed License Agreement that you provided Mr. McMenamin on behaJf of your client, The Beach Owners Association. Having reviewed recorded documents concerning the property which I understand to be the subject of Exhibit A to the proposed License Agreement, and other related recorded documents, it is my conclusion that Ocean Street 8 Owners, LLC, and their successors in interest as owners of the units to be constructed on the property to be described in Exhibit B to the proposed License Agreement, have and will have perpetual access, as members of the public, to the property which I understand is intended to be described in Exhibit A (APN 203-0 I 0-21 ). This conclusion is supported by the follov.ing documents, all of which are recorded in the Official Records of the County of San Diego: o "Irrevocable Offer to Dedicate Public Access Easement and Declaration of Restrictions," recorded as Doc# 84-309895 on August 15, 1984, by which the then-owner of APN 203-010-21, APN 203-010-20, and APN 203-010-19, Native Sun-Carew, made an irrevocable offer to dedicate APN 203-010-21 and APN 203-010-20 for public access and passive recreational use along the shoreline to a public agency or to a private association acceptable to the Executive Director of the Coastal Commission. o "'Irrevocable Offer to Dedicate Open-Space Easement and Declaration of Restrictions," recorded as Doc # 84-309898 on August 15, 1984, by which the Native Sun-Carew made an irrevocable offer and dedication of open space of APN 203-0 I 0-21 to a public agency or to a private association acceptable to the Executive Director of the Coastal Commission of APN 203-010-21. This Offer DOCS 118621.00000111863921.1 ::Procopio· Jay J. Brown, Esq. November 7, 2013 Page 2 provided that the use of the land "shall be limited to natural open space for habitat protection, public access and passive recreation, and resource conservation uses .... ~· • "Certificate of Acceptance, Offers to Dedicate Public Access and Open-Space Easements and Declarations of Restrictions," recorded as Doc# 2005-0579627 on July 11, 2005, by which the City of Carlsbad certified that it accepted the interests in real property conveyed by Doc #s 84-309895 and 84-309898 and another offer. As a consequence of these offers and the City of Carlsbad's timely acceptance of them, members of the public -including my client and its successors-in-interest as owners of the approved condominium units-have perpetual access to APN 203-0 l 0-21. If you wish to discuss any of the above, please feel free to give me a call. EFH/lmk cc: Mr. Jim McMenamin DOCS 118621-0000011186)921.1 Very truly yours, t'l\ . ··· i ·t' · ' · I: V ~A 1'·, , ,; ' ( ' , i' 1 ',• l l' I ' I '4 ' .. {1\t.•)"'T' l \;I.e~(: l(}L•L? Evelyn F. Neidelberg, of I Procopio, Cory, Hargreaves & Savitch LLP • • 4~··. 1 "'\'itf;. CITY OF ·~·CARLSBAD Housing & Neighborhood Services April 22, 2013 Mr. Ray Sullivan 2323 Ocean St. Apt. SO Carlsbad, CA 92008 Dear Mr. Sullivan: www.carlsbadca.gov Thank you for your email to Councilmember Douglas and myself dated Monday, April 8, 2013 regarding your requirement to relocate from your existing apartment complex (Ocean Street Apartments) due to a new development of condominiums approved for your site in 2008. The Mayor, City Council and I do all sympathize with you and your family regarding this disruption of your lives and the requirement to relocate to a new home. We understand that this is never easy on a family, and can often be costly. In the minutes of the March 5, 2008 Planning Commission meeting when this project was approved, there was concern expressed by some of the Commissioners regarding the current tenants and their displacement from the Ocean Street Apartment complex. There was a subsequent discussion about this matter between staff and the Commission .. Staff shared with the Commissioners that there were no formal requirements for the property owner to relocate the tenants or pay relocation costs. In addition, staff explained that it completed a review of the income levels of the tenants in 2007/08 and the respective rent levels. Based on the income and rent criteria at that time, there was no information submitted that indicated, prior to or during the public hearing, that any of the resident households at the time met the low income/rent criteria. Therefore, a finding was made that the project had no requirement or condition for replacement housing for low income households. Attached is a copy of the Coastal Development Permit approving the project. The current approvals have no requirement for a specific notice period to the current residents, or a requirement to pay relocation expenses. However, the property owner was encouraged to give as much notice as possible to the tenants, and also to extend other courtesies to the residents to address the difficulty of displacement. The property owners at the time of the hearing to approve the development permits indicated that they had entered into agreements with each of the residents to provide $1500 as a move-out incentive, and to allow the residents to occupy the units up to the point of construction. However, the new owners are not compelled in any way to extend those same courtesies; they were not conditions of project approval. Therefore, the City is unable to require the payment of the $1500 or that the tenants be allowed to remain for any specific period of time. It is important to note that the developer was required, however, to meet the inclusionary housing requirements (15% of total housing units) to provide for low income affordable housing 1 Mr. Sullivan April22, 2013 Page 2 • • at an off-site location. Initially, the developer planned to purchase a 10 unit apartment complex and provide for the affordable housing within this complex. The new property owner received approval in 2012 to purchase housing credits in the previously constructed Roosevelt Garden Condominium Project, rather than convert existing market rate units to low income affordable units. We understand that it will be very disappointing to learn that the City is unable to provide further assistance to the tenants required to move from the Ocean Street Apartments. Per your request, I did refer your case to our mediation team for scheduling. Unfortunately, it is my understanding that the property owner is not willing to participate in mediation. I also spoke with the property owner directly about your situation and requests. The owner believes that all of the tenants have been treated fairly and indicated that there is no requirement to pay rent . for an entire month once a tenant has relocated to another home. The tenants are only being required to pay for the time they occupy a unit. Therefore, the owner feels that all tenants have been appropriately accommodated, and given reasonable notice and courtesies. At this time, there is no additional assistance the City can provide other than refer you to agencies with expertise in tenant/landlord counseling and advice. These referrals were provided to you during our meeting on April 5, 2013. Thank you for taking the time to discuss your complaint with my office. I hope the information provided within this correspondence is helpful. I do wish and your family success in resolving your disagreement with the property owner as quickly as possible. Sincerely, Debbie Fountain Housing and Neighborhood Services Attachment cc: Mayor and City Council City Manager Assistant City Manager Community and Economic Development Director Project Planner Assistant City Attorney 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • PLANNING COMMISSION RESOLUTION NO. 6396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT COP 05-28 TO DEMOLISH AN EXISTING 50-UNIT APARTMENT COMPLEX AND TO SUBDIVIDE THE 3.05 ACRE SITE AND CONSTRUCT 35 RESIDENTIAL AIR-SPACE CONDOMINIUM UNITS ON ONE HOA LOT ON PROPERTY GENERALLY LOCATED AT 2303 OCEAN STREET ON THE NORTH SIDE OF OCEAN STREET AND WEST OF MOUNTAIN VIEW DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE I. CASE NAME: OCEAN STREET RESIDENCES CASE NO.: CDP 05-28 WHEREAS, 2303 Investors, LP, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as That portion of Lot "A" of Granville Park Uoit No. 2 according to Map thereof No. 2037 aod thltt portion of Laguna Drive of Granville Park adjaceot thereto (vacated by Resolution No. 918 of the City Council of the City of Carlsbad, California, recorded July 19, 1963 as Documeot No. 126793, Records of San Diego Couoty Califoroia) according to Map thereof No. 1782 -all in tbe City of Carlsbad, County of San Diego, State of California and filed in the Office of the County Recorder of said Couoty ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Pennit as shown on Exhibits "A"-"PP" dated March S, 2008, on file in the Planning Department, OCEAN STREET RESIDENCES -CDP 05-28, as provided by Chapter 21.20].040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on March S, 2008, 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 CDP. • • 2 3 4 5 • • 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 APPROVES OCEAN STREET RESIDENCES -CDP 05-28 based on the 6 following findings and subject to the following conditions: 7 Findings: 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. 2. 3. 4. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the project proposes to demolish an existing SO-unit apartment complex and construct a new 35-unit residential air-space condominium project on a 3.05 acre site with a net density of 11.74 dulac which is consistent with the property's LCP Land Use designation of RMH (Medium-High Density Residential, 8-15 dulac) and Zoning of R-3 (Multiple- Family Residential); the development does not obstruct public views of the coastline as seen from public lands or rights-of-way; the project will not impact any agricultural activities or important farmland; there are no sensitive resources on site; the project site is located over 100 feet from the Buena Vista Lagoon; and tbe project bas been conditioned to comply with erosion and storm water control measures. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that tbe project is not located adjacent to the shore. An existing public access point is located approximately 150 feet west of tbe site and no additional public access requirements are required for this site. The project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreational activities. The project is consistent with the provisions of the Coastal Resource Protection Overiay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. The project site does not front the Pacific Ocean and therefore, is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 2 J .204 of the Zoning Ordinance). 5. Tbe site is not subject to Policy 3-2 Buena Vista Lagoon in that tbe site does not border tbe lagoon since an open space lot and residential lot are located between the site and tbe Buena Vista Lagoon. PC RESO NO. 6396 2 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. • • The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the Coastal Agricultural Overlay Zone (Chapter 21.20 I of the Zoning Ordinance). Tbe project is located within the Coastal Zone and is subject to California Government Code Section 65590 wbicb requires that replacement dwelling units must be provided if the existing residences are occupied by persons and families of low or moderate income (as defined by Section 50093 of the California Health and Safety Code). Evidence bas been provided showing that none of the existing units are occupied by persons or families with low or moderate income levels and therefore, no low-income tenants will be displaced. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to this project, and the extent and the degree of exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. l. 2. 3. 4. lf any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right' to revoke or modizy all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment 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 condition complies with all requirements of law. PC RESO NO. 6396 3 I 2 3 4 5 6 7 8 9 10 J 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council. members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Co11stal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's . approval is not validated. 6. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.21 0 of the Zoning Ordinance. 7. This approval is granted subject to the adoption and approval of the Ocean Street Residences Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CT 05-12, CP 05-11 and is subject to all conditions contained in Planning Commission Resolutions No. 6393, 6394 and 6395 for those other approvals incorporated herein by reference. PC RESO NO. 6396 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/e;>~actions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the March 5, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Montgomery, and Chairperson Whitton Commissioner Dominguez Commissioner Douglas FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PC RESO NO. 6396 5 I • • • Debbie Fountain From: Sent: To: Cc: Subject: 2323 Ocean St. Apt.SO Carlsbad, CA 92008 Ray.sullivan@roadrunner.com 760-576-6247 AprilS, 2013 Debbie Fountain ray.sullivan@roadrunner.com Monday, April 08, 2013 9:47AM Debbie Fountain Council Internet Email Zephyr Partners RE LLC-Complaint to Housing Dir. and City Council Member Farrah Douglas Housing and Neighborhood Services Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Dear Debbie, Thank you for meeting with me in your office on Friday and listening to my complaint concerning my apartment rental from Zephyr Partners. You recommended that I write this letter to the City of Carlsbad and provide the details of our meeting. 1 am supporting a family offive in Carlsbad in a Low Income bracket of the 2012 San Diego Median Income. On February 11, 2013 Zephyr Partners as Landlord, mailed me a Notice to Terminate Tenancy in 78 days. No written communications about why this notice was necessary. I contend that the developers purposely waited until February to continue collecting aggregate site rent when they had specific apartment site development knowledge as early as October 2012. 1 sent a personal letter requesting moving and Relocation Benefits which was denied. My lawyer followed up with a letter which was denied again by a telephone call, never once requesting a meeting. I provided you copies of Zephyr correspondence that I have: Rent Increase, Terminate Tenancy, and Move out Warning to continue paying rent or further evictions proceedings. My expenses since the Notice exceed $7000 and I still have to move out. Why did the issue of Relocation Benefits to Low Income Families get swept under the rug? 1 requested the City of Carlsbad mediation before San Diego Court intervention. I would appreciate your providing me updates that may arise from the City of Carlsbad concerning this letter. Sincerely, Raymond Sullivan Cc: Farrah Douglas City Council Member ----Debbie Fountain <Debbie.Fountain@carlsbadca.gov> wrote: >OK. See you at llam. 1 > >Thanks, >Debbie > >----·Original Message----- • > From: ray.sullivan@roadrunner.com [mailto:ray.sullivan@roadrunner.com] >Sent: Friday, April 05, 2013 3:36AM >To: Debbie Fountain >Subject: confirm llam Friday meeting > >Debbie, > • >Confirm our llam meeting and look forward to meeting you and appreciate your time. >I have reviewed Housing and Neighborhood department information as presented in the City of Carlsbad website. >I may use the free mediation, and need to discuss 2303 Ocean Street past and present. > >Regards, > Ray Sullivan > 2 ,-• • M;,&.d 1\ \-z_, /lz_. (~~CITY OF ~~~CARLSBAD LJ FILE Community & Economic Development www.carlsbadca.gov November 21, 2012 Mr. Jim McMenamin Zephyr Partners 11750 Sorrento Valley Road, Suite 130 San Diego, CA 92121 SUBJECT: CD 12.09-OCEAN STREET RESIDENCES (CT 05-12/CP 05-11/CDP 05-28) The City Planner has completed a review of your application for a Consistency Determination for changes proposed to Ocean Street Residences, a Tentative Tract Map, Condominium Permit and Coastal Development Permit (CT 05-12/CP 05-11/CDP 05-28) for the demolition of a 50-unit apartment complex and the construction of 35 residential air space condominiums located at 2303 Ocean Street (APN 203- 010-12, 203-010-15). The proposed modifications include: • Revise the grading from 13,200 cubic yards of cut, 5,800 cubic yards of fill (i.e., net export of 7,400 cubic yards) to 7,800 cubic yards of cut, 13,300 square feet of fill (i.e., net import of 5,500 cubic yards). In conjunction with the revised grading quantities, the pad height of the lagoon- facing units will be raised three feet in height. In order to retain the maximum 30-foot height, the plate/ceiling height of the 2nd floor of the lagoon-facing units will be reduced by three feet in height; • Eliminate fill in between the parking garage and the first floor of the Ocean Street units (approximately three feet); • Add a second ingress/egress to the parking garage (east side) to create through access and add a second driveway off of Ocean Street; • Eliminate the RV storage area in the parking garage; • Reconfigure the storage for each unit in the parking garage; • Relocate the guest parking stalls from the rear of the project site to an area adjacent to and west of the clubhouse; • Reduce the width of the rear driveway from 28 to 20 feet and shift the driveway from 20 feet to 2.67 feet off the rear (north) property line; • Add plantable retaining walls not to exceed six feet along the entire rear (north) property line; • Extend the extent of grasscrete in fire access lane (subject to approval by the Fire Department); • Eliminate the circular courtyard entry; • Relocate the trash enclosure; • Increase separation between the Ocean Street and lagoon units by adding a landscaped courtyard; in doing so, a stepped retaining wall with landscape pockets adjacent to the north elevation of the Ocean Street units is proposed and assists the Ocean Street units in complying with the definition of a basement; and • Purchase seven (7) affordable housing credits in lieu of converting 7 market rate residences at 3366 Roosevelt Street (SOP 06-10) or constructing the inclusionary units on-site. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • • CD 12-09-OCEAN STREET RESIDENCES November 21, 2012 Page 2 In order for o Discretionary Permit Consistency Determination to be approved, all of the following findings must be mode: 1) No project condition, feature, facility or amenity is changed or deleted that hod been considered essential to the project's design, quality, safety or function. 2) The request represents on upgrade in overall design features. and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3} The proposed revision does not change the density or boundary of the subject property. 4} The proposed revision does not involve the addition of o new fond use not shown on the original permit. 5} The proposed revision does not rearrange the major fond uses within the development. 6) The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable· development standards of the Carlsbad Municipal Code. 7} The proposed change will not result in any significant environmental impact, and/or require additional mitigation. 8) The proposed change would not result in any health, safety or welfare impacts. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10} The proposed change would not be readily discernoble to the decision makers as being substantially different from the project as originally approved. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35. Please submit two (2) blueline copies (24" X 36") of all applicable exhibits for the project file and a reproducible 24" X 36" mylar copy of the amended site plan. The mylar must be submitted, stamped "Consistency Determination," and signed by the City Planner prior to issuance of any building permits for the project. The Consistency Determination Title Block stamp, and other Title Block stamps, can be downloaded from the City's website at http:Uwww.carlsbadca.gov/services/departments/planning/Pages/applications.aspx. The Title Block (stamp) is located under "Resources" on the right side of the page. DON NEU, AICP City Planner DN:SW:bd c: Principal Planner, Chris DeCerbo Project Engineer, Tecla Levy Fire Inspection, Dominic Fieri File Copy Data Entry (~~CITY OF ~.~CARLSBAD • • Community & Economic Development www.carlsbadca.gov October 31, 2012 Mr. Jim McMenamin Zephyr Partners 11750 Sorrento Valley Road, Ste. 130 San Diego, CA 92121 SUBJECT: CD 12-09 -OCEAN STREET RESIDENCES The Planning Division has reviewed your 2nd submittal regarding a request for a Consistency Determination, CD 12-09, to modify the design for Ocean Street Residences (CT 05-12, CDP 05-28, CP 05-11, HDP 05-07), and has determined that additional revisions and information will be required prior to making a decision on this request. The comments are attached to this letter. Please contact me at (760) 602-4621 or shannon.werneke@carlsbadca.gov if you have any questions. Sincerely, ~~ SHANNON WERNEKE Associate Planner SW:It c: Chris DeCerbo, Principal Planner Tecla Levy Associate Engineer Dominic Fieri, Fire Prevention File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CD 12-09-OCEAN STRIT RESIDENCES October 31, 2012 Page 2 Planning: • 1. Please revise the architectural, civil, and landscape plans to reflect a wall height which does not exceed six feet in height. This applies to all walls, internal as well as around the perimeter of the property. 2. Please indicate where the generator will be located for the sewer pump at the northwest corner and provide screening for it. Ideally the screening will be able to attenuate the noise as well. 3. Please submit 5 sets of the revised plans (civil, architectural, and landscaping) with the next review. Civil plans 4. Please revise the cover sheet to note that the maximum allowable height is 30' instead of 40' (per the Beach Area Overlay Zone). 5. Please revise Sheet 3 of 8 to note the width of the drive aisle in the parking garage. 6. Please revise Sheet 6 of 8 of the civil plans to add three cross sections through the rear driveway from the northern property line to Units 17/18, the rear property line and the pool and between units 5/6 and 26/27. 7. The height of the retaining wall in cross section B-B on Sheet 6 of 8 does not correspond with the TW and BW on Sheet 2 of 8. Please also clarify whether there is an existing wall on the property line. Please reconcile the plans accordingly. 8. Please label the guest parking stalls on the civil site plan. These stalls shall be striped to indicate that they are guest/visitor stalls. In addition, please number all of the parking stalls to correspond with the breakdown of types of parking stalls. Architectural plans 9. Please add the contact information for the owner, engineer, architect, and landscape architect to Sheet A 1. 10. The garage basement criteria on Sheet A 1 are identified in two different tables, each with different information. Please clarify and revise the plans accordingly. 11. Please add a project description to Sheet A 1. 12. Please revise the parking tables on Sheets A.1 and A2. 1 to reflect that a total of 12 visitor stalls will be provided. In addition, please note on Sheet A.1 that the parking stalls for the condos shall be covered. 13. Please revise Sheets A2.0-A2.3 to provide greater legibility. Please use different/lighter symbols and remove any duplicating layers. The site plan should match the legibility of the original site plan approved by the Planning Commission. In addition, please see the originally-approved plans for reference on how to number the buildings for clarity. -· CD 12-09-OCEAN STR'T RESIDENCES October 31, 2012 Page 3 • 14. Please revise Sheet A2.2 to identify the location of the trash enclosure (consistent with other sheets). 15. Based on a review/comparison with the site plan, cross section #1 on Sheet A3.1 appears to be taken through Building 7 instead of Building 5 at Ocean Street. In addition, it is not clear which Lagoon Building it is taken through. It is not #12 as noted on the cross section. As the site plan is hard to read, staff is unable to tell where the cross section ends. Please revise both sheets to provide more clarity. Please use the original plans as a guide. 16. Please clarify why the western and eastern elevations have changed on Sheet A.4. In addition, it appears that the design of the front porch for Building 7 facing Ocean Street has changed (i.e., south elevations). The current site plan as well as the originally- approved elevations indicate there are columns while the elevations do not. 17. Please identify the location and type of fencing and walls for the entire project. In addition, please note any existing fencing or walls to remain. 18. Please shift the patios for Buildings 8 and 9 a minimum of 5 feet off the edge of the driveway to accommodate an area for landscaping. Please see the originally approved plans for reference. Engineering: 1. Provide an update letter from soils engineer that provides design recommendations for the proposed BMPs/IMPs, including bio-retention basins, flow-through planters and pervious pavers, particularly those adjacent to the proposed building structures. 2. The landscaped areas identified as self-treating in DMA B, DMA P and DMA Q do not appear to meet the criteria for self-retaining BMPs (see page 81 of City SUSMP). Self- retaining area must be bermed all around or depressed concave so that the first 1-inch of rainfall over a study area can be retained and infiltrated into the soil. Slopes are not to exceed 4%; the area has amended soils and vegetation to attain soil permeability and stability. Any area drain inlets must be at least 3" above surrounding grade. 3. Label all IMPs in the BMP/IMP exhibit. Differentiate self-retaining areas from landscape areas. Use different symbols. 4. Some impervious areas are being directed to the proposed self-retaining areas with the maximum ratio of 2 impervious to 1 pervious. Provide volume calculations to show that 1-inch of rainfall over each study area can be retained. 5. Soil engineer shall provide percolation rates and design criteria for all self-retaining areas. Provide details to show that the self-retaining areas will drain properly and within 72 hours after a storm event. 6. The SWMP & DMNBMP exhibit identifies the grass-paver driveway as self-retaining BMP and as the treatment control BMP for DMA L. Please show how a grass-paver driveway meets the self-retaining criteria in the SUSMP as mentioned in item 2 above. DMA L has significant amount of impervious surface, approximately 12,000 square feet (roof and concrete pavement), therefore requires an effective treatment and flow control facility. The grass paver driveway cannot be considered as adequate treatment BMP • • CD 12-09-OCEAN STREET RESIDENCES October 31, 2012 Page4 since it has no treatment layer. It may be considered as self-treating if it meets the criteria shown on page 81 of the City SUSMP but cannot treat additional area other than itself. 7. SWMP report shows a run-off factor of 0.2 is used for the solid unit pavers on the driveways. Please label these solid unit pavers as pervious. Provide details showing solid pavers on a granular base and have a minimum of 3/16" joint space between pavers. Please ensure that the pavers are suitable to use on a 13% slope driveway as the required gap between solid pavers may cause them to move. 8. The BMP map shows that all inleUoutlet structures of bioretention IMPs are interconnected by one storm drain system with one discharge point at the northwest corner of the property. Provide details of the outlet structures. Show the location of the orifice for flow control to meet hydromodification and show the outlet for the 100 year storm event. 9. The DMA map shows that DMA Y and DMA K drain to POC2. Show how this is accomplished since DMA Y and DMA K are at lower elevations than POC2. 10. DMA Q drains into a landscape area, identified as self-retaining, adjacent to the building. The soils engineer may require this landscape area to be lined with impermeable liner. Lined landscape area cannot be considered as self-retaining since no infiltration can occur. Please provide a separate IMP for DMA Q or route it to another IMP. Show its discharge point. . 11. As indicated in item 2 above, DMA P does not meet the self-retaining criteria. However, DMA P can be considered self-treating since it is mostly landscaped area that discharges directly offsite, provided that no impervious surface drains into it. The walkways shown within DMA P can be paved with pervious pavers to satisfy the self- treating requirements. 12. DMA C, D, F, are each draining into several flow-through planter IMPs. Per SUSMP, page 68, one drainage management area cannot drain into more than one IMP. Show how several flow through planters are interconnected to act as one IMP or revise to provide only one flow through planter for each DMA. 13. Provide details of the proposed flow through planters. Indicate the ponding depth and the treatment layer depth and specifications. Provide details of the outlet structures and show the discharge points on the plan. 14. In order to complete our review of the SDHM analysis, please submit the following: a) SDHM project file (.whm)-to examine the details of the input specifications. b) Project report generated by SDHM. c) HSPF input files (.UCI for user control input) for pre-development and post development simulation. 15. The bioretention basin detail shown on the BMP map does not reflect design results from SDHM analysis. Show the soil type and the thickness of each of the three layers as modeled in SDHM analysis. ··~ CD 12-09-OCEAN STR~T RESIDENCES October 31, 2012 Page 5 • 16. Some bioretentions are adjacent to the building structures. The soils engineer may require impermeable lining. It is not clear from the SDHM generated report if infiltration was assumed in the analysis. If lined, no infiltration must be assumed in SDHM analysis. 17. The SDHM sizing results for bioretention basins do not show flow control orifices sizes. Please provide explanation in the narrative. This seems to indicate that 100% of the hydromodifications flows are infiltrated into the ground. Please revise SDHM analysis as required to be consistent with the soils engineer recommendations. 18. SDHM results do not provide flow-through planter sizing, including storage volume and flow control orifice. Please provide explanation in the narrative. 19. Provide access driveway profiles. Ensure that no street run-off drains into the driveways. Locate the high point at the right-of-way line. 20. Provide a storm drain easement for the existing storm drain system that traverses the south easterly corner of the property. 21. Comply with all other comments shown on the red-lined preliminary grading plan and SWMP report. Resubmittal: 22. Please submit the following documents in the next review submittal: a. 5 copies of the revised plans, including the tentative map including revised grading plan and utility plan b. Two copies of a revised Storm Water Management Plan c. 1st review redlined plans Landscaping: Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please coordinate civil plans with landscape plans. Civil plans show hardscape in these landscape areas. Check all areas and insure coordination. Provide an updated copy of the civil plans with the next submittal for cross checking. 2. Please correct the sheet number. 3. Please provide a detail for the enhanced planter wall. 4. Please provide a detail for the glass patio wall. 5. Please provide a detail with proposed finishes for these walls. 6. Landscape plans shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Please provide wall vines and appropriate shrubs to soften and screen these walls. • CD 12·09-OCEAN STREET RESIDENCES • October 31, 2012 Page 6 7. All signs (including monuments) require separate permits. Please add the following note to the plans: "All project signage and monuments shall require a separate permit under the City of Carlsbad signage review process." 8. Sheets 8-11 appear to be missing. Please provide all sheets. 9. Please relocate trees outside of the utilityfwater easements. Check all sheets. 10. Please show and label all easements on the landscape concept plans. 11. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. At medium to high use driveways, the 30 inch height limitation applies at driveways 25 feet from the edge of the apron outward along the curb, then 45 degrees in toward the property. Ensure that landscape elements at interior private driveway intersections do not obstruct sight lines, so that circulation and pedestrian safety can be maintained. Please also show and label the vehicular sight lines as shown on the civil plans insuring no conflicts with plantings. 12. Indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 13. Invasive species shall not be added to a landscaped area. Please review all plantings against the Cal-l PC lists and insure no invasive species are used. 14. Avoid planting trees and large shrubs above or near sewer laterals, water mains, meter boxes and other utilities. Please review all areas and relocate trees as appropriate. Please show all sewer and water lines with meters on the plans and insure no conflicts. 15. Please add a note indicating that an encroachment agreement will be required where enhanced paving is located within the water easement. Please coordinate insuring that the enhanced paving along with this note is shown on the civil grading plans. 16. Landscape plans shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screenfsoften new improvements. Please provide wall vines andfor appropriate shrubs to screen the trash enclosure. 17. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please address. 18. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. 19. Street trees shall be located a minimum of seven feet from any sewer line and in areas that do not conflict with public utilities. Please address. 20. Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. Clarify that fountains are to use potable water. This plan will be forwarded to CMWD for review and approval. 21. Please label this wall. Is this an existing wall to remain? • • CD 12-09-OCEAN STREET RESIDENCES October 31, 2012 Pa e 7 22. Please label the plantable wall and reference the appropriate detail. 23. Please provide a detail reference for all walls. 24. The surface area of a water feature, including swimming pools and fountains, shall be included in a high water use hydrozone. Please include in the water use calculations as appropriate. 25. Please revise the plant factors using .1 for very low water use, .3 for low water use, .5 for medium water use and .8 for high water use. 26. Please revise the design as appropriate providing an ETWU that is equal to or less than the MAW A. Total water use currently shows that it exceeds the allowable water use. 27. Include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the City of Carlsbad's Water Efficient Landscape Regulations. I understand that construction drawings are to be prepared in compliance with those regulations and the Landscape Manual. I certify that the plans will be prepared implementing those regulations to provide efficient use of water." 28. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. 29. Please add the following notes to the plans: Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 -Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April 15. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 -Ground Cover One hundred (1 00%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3-Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4-Trees and/or Large Shrubs • CD 12-09-OCEAN STREET RESIDENCES • October 31, 2012 Page 8 Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes -6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 30. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. 31. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) on the next submittal. Fire: Comments to follow under a separate cover. ~~ ' ,. Cl> • CARLSBAD • • Memorandum October 25, 2012 To: Shannon Werneke, Associate Planner From: Tecla Levy, Associate Engineer Re: CD 12-09-Ocean Street Residences RBF RESPONSES 11-8-12 Land Development Engineering staff has completed the 2"d review of the above application submittal documents for completeness. The application documents submitted for this project are complete. Prior to next submittal, it is suggested the following items are adequately addressed: Issues of Concern: 1) Provide an update letter from soils engineer that provides design recommendations for the proposed BMPs/IMPs including bioretention basins, flow-through planters and pervious pavers, particularly those adjacent to the proposed building structures. Geotechnical Recommendations Letter (from AGS Inc, dated 10-31-12) is included in Attachments section of SWMP. Infiltration is not proposed. Impermeable liner will be used under bioretention areas and pervious pavers, per detail on BMP Site Plan. 2) The landscaped areas identified as self-treating in DMA B, DMA P and DMA Q do not appear to meet the criteria for self-retaining BMPs (see page 81 of City SUSMP). Self- retaining area must be bermed all around or depressed concave so that the first l-inch of rainfall over a study area can be retained and infiltrated into the soil. Slopes are not to exceed 4%, the area has amended soils and vegetation to attain soil permeability and stability. Any area drain inlets must be at least 3" above surrounding grade. Self-retaining areas are no longer proposed. Areas A, B, K, L, and Ware now self-treating. 3) Label all IMPs in the BMP/IMP exhibit. Differentiate self-retaining areas from landscape areas. Use different symbols. IMPs are now labeled on the BMP Site Plan in the SWMP and the Tentative Tract Map sheet 9. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov • CD 12..09-Ocean Street Residences October 25, 2012 Page 2 • 4) Some impervious areas are being directed to the proposed self-retaining areas with the maximum ratio of 2 impervious to 1 pervious. Provide volume calculations to show that l-inch of rainfall over each study area can be retained. Self-retaining areas are no longer proposed. S) Soil engineer shall provide percolation rates and design criteria for all self-retaining areas. Provide details to show that the self-retaining areas will drain properly and within 72 hours after a storm event. Geotechnical Recommendations Letter (from AGS Inc, dated 10-31-12) is included in Attachments section of SWMP. Self-retaining areas are no longer proposed. Infiltration is not proposed. Impermeable liner will be used under bioretention areas and pervious pavers, per BMP Site Plan. 6) The SWMP & DMA/BMP exhibit identifies the grass-paver driveway as self-retaining BMP and as the treatment control BMP for DMA L. Please show how a grass-paver driveway meets the self-retaining criteria in the SUSMP as mentioned in item 2 above. DMA L has significant amount of impervious surface, approximately 12,000 square feet (roof and concrete pavement), therefore requires an effective treatment and flow control facility. The grass paver driveway cannot be considered as adequate treatment BMP since it has no treatment layer. It may be considered as self-treating if it meets the criteria shown on page 81 of the City SUSMP but cannot treat additional area other than itself. Pervious paver areas and GrassPave2 areas (DMAs A and B) and are now self-treating DMAs. Curb inlets with filter inserts are used as a treatment train in these DMAs. See BMP Site Plan. 7) SWMP report shows a run-off factor of 0.2 is used for the solid unit pavers on the driveways. Please label these solid unit pavers as pervious. Provide details showing solid pavers on a granular base and have a minimum of 3/16" joint space between pavers. Please ensure that the pavers are suitable to use on a 13% slope driveway as the required gap between solid pavers may cause them to move. See Pervious Paver Detail on BMP Site Plan. See Product info in the BMP Fact Sheet section of the SWMP. Curb inlets with filter inserts are used as a treatment train in these DMAs (A and B). See BMP Site Plan. • CD 12-Q9-Ocean Street Residences October 25, 2012 Page 3 • 8) The BMP map shows that all inlet/outlet structures of bioretention IMPs are interconnected by one storm drain system with one discharge point at the northwest corner of the property. Provide details of the outlet structures. Show the location of the orifice for flow control to meet hydro modification and show the outlet for the 100 year storm event. Storm drain system functions to convey the 100-year storm. See outlet structure detail on the BMP Site Plan. An orifice of 1.5" will be used for all bioretention areas. An orifice of 4" will be used for all flow-through planters. This is also reflected in the SDHM project files (.whm). 9) The DMA map shows that DMA Y and DMA K drain to POC2. Show how this is accomplished since DMA Y and DMA K are at lower elevations than POC2. These are now DMAs H and I. They now flow to POC 1. 10) DMA Q drains into a landscape area, identified as self-retaining, adjacent to the building. The soils engineer may require this landscape area to be lined with impermeable liner. lined landscape area cannot be considered as self-retaining since no infiltration can occur. Please provide a separate IMP for DMA Q or route it to another IMP. Show its discharge point. ·This area is now part of DMAs C and D, which flow to bioretention IMPs 1 and 2, respectively. 11) As indicated in item 2 above, DMA P does not meet the self-retaining criteria. However, DMA P can be considered self-treating since it is mostly landscaped area that discharges directly offsite, provided that no impervious surface drains into it. The walkways shown within DMA P can be paved with pervious pavers to satisfy the self-treating requirements. This is now DMA W. The DMA is now self-treating. Walkways in this area will be pervious to ensure that the DMA is less than 5% impervious. 12) DMA C, D, F, are each draining into several flow-through planter IMPs. Per SUSMP, page 68, one drainage management area cannot drain into more than one IMP. Show how several flow through planters are interconnected to act as one IMP or revise to provide only one flow through planter for each DMA. DMAs that contain 2 flow-through planters are DMAs 0, P, R, S, U, and V. In these areas the planters will be connected via a 4" pipe. • • CD 12-09-Ocean Street Residences October 25, 2012 Page4 13) Provide details of the proposed flow through planters. Indicate the pending depth and the treatment layer depth and specifications. Provide details of the outlet structures and show the discharge points on the plan. See Flow-Through Planter Detail on BMP Site Plan. This detail is typical for all flow-through planter areas. This is how they were modeled in SDHM. 14) In order to complete our review of the SDHM analysis, please submit the following: a) SDHM project file (.whm)-to examine the details of the input specifications. b) Project report generated by SDHM. c) HSPF input files (.UCI for user control input) for pre-development and post development simulation. Files will be em ailed directly to Tecla Levy. 15) The bioretention basin detail shown on the BMP map does not reflect design results from SDHM analysis. Show the soil type and the thickness of each of the three layers as modeled in SDHM analysis. See Bioretention Detail on BMP Site Plan. This detail is typical for all bioretention areas. This is how they were modeled in SDHM. 16) Some bioretentions are adjacent to the building structures. The soils engineer may require impermeable lining. It is not clear from the SDHM generated report if infiltration was assumed in the analysis. If lined, no infiltration must be assumed in SDHM analysis. Geotechnical Recommendations Letter (from AGS Inc, dated 10-31-12) is included in Attachments section of SWMP. Infiltration is not proposed. Impermeable liner will be used under bioretention areas and pervious pavers, per BMP Site Plan. Infiltration was not assumed in SDHM analysis. 17) The SDHM sizing results for bioretention basins do not show flow control orifices sizes. Please provide explanation in the narrative. This seems to indicate that 100% of the hydromodifications flows are infiltrated into the ground. Please revise SDHM analysis as required to be consistent with the soils engineer recommendations. A typical orifice size of 1.5" is now shown on the detail on the BMP Site Plan. This is the size assumed in the SDHM analysis, with no infiltration. : • CD 12-09-Ocean Street Residences October 25, 2012 Page 5 • 18) SDHM results do not provide flow-through planter sizing, including storage volume and flow control orifice. Please provide explanation in the narrative. This information is now included in the SDHM results. A typical orifice size of 4" was used in the analysis. 19} Provide access driveway profiles. Ensure that no street run-off drains into the driveways. Locate the high point at the right-of-way line. Profile of Driveway A is shown on TTM sheet 6 of 9. Driveway B has a high point at the right-of- way line, shown on sheet 2 of 9. 20) Provide a storm drain easement for the existing storm drain system that traverses the south easterly corner of the property. 20' easement has been provided. See TTM sheetS of 9. 21) Comply with all other comments shown on the red-lined preliminary grading plan and SWMP report. Mr. Clyde Wickham, P.L.S Associate Engineer City of Carlsbad Subject: Public Hearing -Planning Commission -March 5, 2008 CT 05-12/CP 05-11/CDP 05-28 Ocean Street Residences Dear Mr. Wickham: Mr. Austin Gavin and I, enjoyed our discussion with you and Mr. Steve Jantz this afternoon on the proposed development of 35 residential air-space condominium units on a lot immediately east of our property on Ocean Street. (Our property is the Beach, Rue des Chateaux, Carlsbad, 92008) Our understanding is that the Planning Commission is considering the approval of a Tentative Tract Map, Condominium Permit and Coastal Development Permit on Wednesday, March 5, 2008; for the above described property. Mr Gavin, who is the President of our Beach Home Owners Association, and I, as Treasurer, wish to express our belief that this development, based on our brief and preliminary examination of some of the development drawings, believe that this development is a very positive and attractive one, that will enhance the inunediate neighborhood. As usual, however, without full details as to some aspects of the development, we wish to reserve our right to raise certain issues of concern to us. One issue deals with the request for an easement over our property on the east of the Development for the replacement and extension of an existing City-owmed storm drain. We don't fully understand the request by the City that the Developer secure from our Association such an easement and we request that this issue be further considered in the final design and approval of the project. We, of course would like to make input on this issue. A second issue is that we request the right to have input in the final design and approval of the project relative to the treatment and disposal of the storm water runoff generated by the Project. Present plans seem to indicate that this storm water, generated by the Development will be discharged across our property. There are several ways this can be accomplished, and in the final design we want the City and the Developer to allow us to make input, and the right to comment as to whether or not the final design conforms to the California Storm Water Best Management Practices, and will prevent undue erosion contamination and other problems to our property. A cursory review of the Staff Report on the Project shows a storm flow of 127 cubic feet per second. We would like to review the hydrology study that came up with this value, as it appears excessive. This amount of flow, if discharged on our property in the location shown on the plans, would create excessive erosion. The part of our property which this flow may be conveyed thru, is immediately adjacent to the Buena Vista Lagoon and is a very sensitive environmental habitat .. Possibly a concrete pipe storm drain that flows directly to the lagoon would be a better solution. Again, the two of us, while at this time do not speak for our entire Home Owners Association, wish to state our belief that the proposed development appears to be an important upgrading of our Ocean Street area. We ask that the City and its Planning Commission grant us the right to participate in further deliberations and considerations in the final design and approval of this development, relative to our above expressed concerns. Regards: William J. Carroll 2315 Rue des Chateaux, Carlsbad, CA. 92008 Austin Gavin 2325 Rue des Chateaux, Carlsbad, CA. 92008 February 28, 2008 Jack Henthorn & Associates P. 0. Box237 Carlsbad, CA 92018-0237 SUBJECT: CT 05-12/CP 05-11/CDP 05-28-OCEAN STREET RESIDENCES Dear Mr. Henthorn: Pursuant to Senate Bill 1535, effective January 1; 2008, it has been determined that your project is subject to filing fees of $1,926.75 levied by the State Department of Fish and Game. This law requires the State of California Department of Fish and Game to levy a fee to all project applicants (public and private) subject to the California Environmental Quality Act (CEQA) to defray the cost of managing and protecting fish and wildlife trust resources. Projects which are categorically exempt from CEQA and which have no adverse impact on fish and wildlife or projects which are denied are not subject to the fee. All other projects are subject to the following fees: Projects with Negative Declarations Projects with EIRs $1,926.75 $2,656.75 Due to State Law constraints, the City of Carlsbad will collect the fee where applicable and pass it to the County of San Diego. This fee is payable to the County on approval of your project. Please remit a check for the above amount (payable to the County Clerk) to Barbara Kennedy, Project Planner, City of Carlsbad, Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Please note the application will not be scheduled for a hearing until the fee has been received by the Planning Department. If you have any questions, please contact Barbara Kennedy at (760) 602-4626. Sincerely, ~~~~ Associate Planner BK:mj 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us {!) rit.l£6 Od,/fCJ-/OB • FILE COPY Cit of Carlsbad February 12, 2008 Jack Henthorn and Associates PO Box 237 Carlsbad, CA 92017-0237 SUBJECT: CT 05-12/CP 05-11/CDP 05-28 AND SOP 06-10 -OCEAN STREET RESIDENCES AND ROOSEVELT STREET RESIDENCES The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, February 20, 2008, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on February 25, 2008. A twenty {20) minute appointment has been set aside for you at 9:30AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, w.rbara Kennedy,at (760) 602-4626. [I~ DON NEU Planning Director DN:BK:sm c: 2303 Investors, LP, 1020 Prospect Street, #314, La Jolla, CA 92037 Robert L. Nielsen, Jr., 525 Carlsbad Village Drive, Carlsbad, CA 92008 File Copy Clyde Wickham, Project Engineer 1635 Far!ilday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us i} March 6, 2008 2303 Investor's LP Suite314 I 020 Prospect St. La Jolla, CA 92037 • FILE COPY . 3·7·0~ • Cit of Carlsbad PLANNING COMMISSION NOTICE OF DECISION SUBJECT: CT 05-12/ CP 05-111 CDP 05-28-OCEAN STREET RESIDENCES At the Planning Commission meeting of March 5, 2.008, your application was considered. The Commission voted 5-1-1 to ADOPT/APPROVE your request. The decision of the Planning Commission will become final on March 15, 2008. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section I 094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes fmal a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, Si~ DONNEU Planning Director DN:BK:lt cc: Data Entry File Enclosed: Planning Commission Resolutions No. 6393, 6394, 6395, 6396 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ e flM;/~ 611 ~~8 • FILE C01jY Cit of Carlsbad -----=~~-=.J~---=~ January 22, 2008 Bryan Bennett Jack Henthorn & Associates P. 0. Box237 Carlsbad, CA 92018-0237 SUBJECT: CT 05-12/CP 05-11/CDP 05-28-OCEAN STREET RESIDENCES AND SOP 06-10-ROOSEVELT STREET RESIDENCES Your application has been tentatively scheduled for a hearing by the Planning Commission on March 5, 2008. However, for this to occur, you must submit the additional items listed below. If the required items are not received by February 4, 2008, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for deniaL 1. Please submit the following plans: A) Ten (10) copies of your revised site plans, landscape plans, building elevation plans, floor plans on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One 8%'' x 11" copy of your reduced plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List -a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List -(Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <!) ... ,.1~o~o~s~.~~!l-~---~.-------• CT 05-12/CP 05-11/CD.,..05-28-OCEAN STREET RESIDENC'Ts AND SOP 06-10 -ROOSEVELT STREET RESIDENCES January 22, 2008 Pa e2 C) Mailing Labels -two (2) separate sets of mailing labels of the PROPERTY OWNERS within a 600 foot radius of the subject property and OCCUPANTS within a 1 00 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Aria! 11 pt, Aria! Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 Mrs. Jane Smith Apt 3 123 Magnolia Ave Carlsbad, Ca 92008 D) Radius Map -a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee • a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. s~~kj1- BARBARA KENNEDY, AICP ......-) Associate Planner BK:sm Attachment ' • • I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER CT 05-12/CP 05-11/CDP 05-28-OCEAN STREET RESIDENCES AND SOP 06-10-ROOSEVELT STREET RESIDENCES APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ----------------------- DATE: ____________________ __ RECEIVED BY DATE: ______________________ _ October 31, 2007 Mr. Bryan Bennett Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 SUBJECT: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28-OCEAN STREET RESIDENCES- CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/ PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: 1. The project is subject to the provisions of CEQA. Based on the City's analysis of the proposed project, the following CEQA documentation/process is required for the project: · 0 A NEGATIVE DECLARATION (NO) will be prepared for the project pursuant to the provisions of CEQA. A MITIGATED NEGATIVE DECLARATION (MND) will be prepared for the project pursuant to the provisions of CEQA. 0 An ENVIRONMENTAL IMPACT REPORT (EIR) is required to analyze the project's environmental effects. For additional information related to this CEQA applicability/process determination, please contact the project planner, Barbara Kennedy, at (760) 602-4626 or bkenn@ci.carlsbad.ca.us. DON NEU Planning Director DN:BK:It c: Gary Barberio, Team Leader Clyde Wickham, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i} • Cit October 9, 2007 Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 of • Carlsbad FILE COPY /O·/CP·07 SUBJECT: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28-OCEAN STREET RESIDENCES AND SOP 06-10-ROOSEVELT STREET RESIDENCES The items requested from you earlier to make your Tentative Tract Map, Condominium Permit, Hillside Development Permit, Coastal development Permit, application no. CT 05-12/CP 05-11/ HOP 05-07/CDP 05-28-Ocean Street Residences and Site Development Plan, application no. SOP 06-10-Roosevelt Street Residences complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. At this time, the City asks that you provide 10 complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Barbara Kennedy, at (760) 602-4626, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, ~/L DON NEU Planning Director DN:BK:It c: Gary Barberio, Team Leader Clyde Wickham, Project Engineer Debbie Fountain, Housing and Redevelopment File Copy Data Entry 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • CT 05-12/CP 05-1 /COP 05-28-OCEAN STREET RESIDENCES AND SOP 06-10-ROOSEVELT STREET RESIDENCES October 9, 2007 Page 2 ISSUES OF CONCERN Planning: 1. Please refer to the attached redlines for minor comments on the Roosevelt Street Residences. landscape Consultant (PELA): Please make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual: Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. OCEAN STREET RESIDENCES: REPEAT COMMENTS 1-27 Completed. 28 .. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation plan) on the next submittal. 1A-2A Completed. NEW COMMENTS 18. Detail sheets (L-2.4) do not match the illustrative site plan (l-1.0). It is assumed for this review that the detail sheets are correct. Please modify illustrative plan to match detail sheets. Check all areas. 28. Please provide plantings (grasses) in the bio-swale that will provide appropriate filtering. ROOSEVELT STREET RESIDENCES REPEAT COMMENTS 1. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. 2nd Review: There is an existing Brazilian Pepper tree that is not addressed. 2. Please label this area (patio?) and indicate all paving materials and specify any amenities/furniture. 2nd Review: The applicant has responded: "The patio area within the front yard of the property has been labeled as requested. The material proposed for the patio is a standard broom finished concrete as detailed on Sheet L-2.1. There are no additional site amenities (i.e. furniture) being proposed at this time." It is recommended that outdoor furniture (picnic tables, benches, etc.) be provided in order to provide an inviting, usable patio space. Without furniture the use of this space is questionable. Please specify any amenities/furniture to be provided at the patio. • I • • • CT 05-12/CP 05-11/HDP 05-07/CDP 05-28-OCEAN STREET RESIDENCES AND SDP 06-10-ROOSEVELT STREET RESIDENCES October 9, 2007 Page3 3-10 Completed. 11. Each unenclosed parking facility shall provide a perimeter landscape strip of at least 8' on all sides. The perimeter landscaped strip may include any landscaped yard, setback, or landscaped area otherwise required within the property and shall be continuous except for required access points. Please provide for this requirement. 2nd Review: The applicant has responded: "Due to the existing conditions on the site, the requested eight (8) feet for a perimeter landscape strip surrounding the parking area is not feasible." This is a requirement of the Landscape Manual. Please provide for all requirements. Not required -existing non-conforming site. (B. Kennedy) 12. Please indicate the percentage of turf of the total landscaped area. (See limitations in IV.C.3-4.2) 2nd Review: Turf shall not be allowed in areas generally not visible to the public or site occupants (i.e. backs of buildings, service areas, behind fences and screens, etc.) unless this area is designed as a recreation area. Please address. 13. Please indicate whether potable or recycled water is to be used to irrigate all landscape areas. 2nd Review: The applicant has responded: "All areas for the proposed landscaping are to be irrigated with potable water." Please note this on the plans. 14. Please provide a written description of water conservation features including addressing xeriscape principles (see Appendix B) within the project. 2nd Review: The applicant has responded: "The proposed water conservation features for the project include the utilization of a bubbler irrigation system for the majority of the proposed landscaping. In addition, the plant material being proposed with the project is either medium or low-water consumers. Please refer to the Hydro-zone Plan shown on sheet L-3.1 of the enclosed landscape plan set." Please note this on the plans. 15. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation plan) on the next submittal. Housing and Redevelopment: None. Engineering: None. Fire: None. .k Henthorn & Associat. 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 August 28, 2007 Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Fax (760) 438-0981 RECEIVED AUG 3 0 2007 CITY OF CARLSBAD PLANNING DEPT Subject: Ocean Street Residences -Resubmittal Package for CT 05-12/CP 05-11/HDP 05-07/CDP 05-28/SDP 06-10 Dear Ms. Kennedy: Enclosed is the re-submittal package for the Ocean Street Residences project. The project has been revised to reflect the incomplete items and issues of concern identified in the City's letter dated May 30, 2007. Each of the items contained in the letter are addressed below: HOUSING AND REDEVELOPMENT: INCOMPLETE ITEMS 1. Enclosed with the resubmittal package is a copy of the requested documentation that was sent directly to the Housing and Redevelopment Director which indicates that it is not financially feasible to incorporate the required affordable units within the proposed Ocean Street Residences project. The copy of the documentation includes a narrative explanation of the financial analysis, Council Policy 57 worksheet and a project pro forma illustrating the costs associated with the proposed project. Please refer to the enclosed documentation for details. 2. Pursuant to conversations with the Housing and Redevelopment Director, the documentation previously provided for the remaining economic life of the existing apartment complex on Roosevelt Street is acceptable. 3. The exterior of the existing apartment complex has been modified to significantly enhance the building's aesthetic quality. A Spanish themed architectural style has been applied to all four elevations of the existing building. As shown in the enclosed architecture plan sets, the design elements that were incorporated into the elevations include arches, decorative tile, wood trellis above the second floor balcony, outriggers, wood posts, wood trim pieces and the decorative modifications to the parapet wall along the roofline. 4. The interior condition of the existing units show obvious signs of age and obsolesce. As a result the applicant is proposing a number of interior improvements for each unit that include new carpets in the living room and bedroom, ceramic tile in the kitchen and bathroom, replacing old appliances with new appliances (Refrigerator/Stove/ Dishwasher), ceiling fan in the bedroom, bathroom mirror, new toilet, window coverings and a new coat of paint throughout the interior of each unit. All of the -1- • • proposed interior improvements are cosmetic in nature and will not require the movement of any walls. 5. Pursuant to conversations with the Housing and Redevelopment Director, the information previously provided for the existing household sizes and the current rent information was sufficient to make the necessary assessments of the existing apartment complex. PLANNING: INCOMPLETE ITEMS l. Noted. We have been in continuous contact with the Housing and Redevelopment office to ensure that the enclosed proposal meets the expectations for providing a successful offsite combined affordable housing solution to the Ocean Street Residences project. 2. Noted. Please advise if any information or graphics is needed in the review by the Housing Policy T earn. PLANNING: ISSUES OF CONCERN 1. The existing Roosevelt Street property consists of ten (10) one-bedroom apartment units. The project was approved and permitted by the City and complied with all of the General Plan and Zoning regulations in effect at the time of construction (most likely the old County based R-3 zoning regulations). The existing site does not comply with current zoning regulations in terms of parking and building setbacks. The owner/applicant is required to process a site development plan only for the purpose of meeting the requirements of the inclusionary housing ordinance. The owner/applicant is proposing to make a significant investment in upgrades (landscaping, exterior and interior rehabilitation) to the property as outlined above and will commit seven (7) of the ten (10) existing units to occupancy by low-income residents through an Affordable Housing Agreement with the City of Carlsbad. Since no increases in square footage or unit count is proposed, the property upgrades could be accomplished in the as-built condition via the building permit process. The owner/applicant is requesting approval of the site development plan as submitted in exchange for the contribution of subsidy funding in an amount exceeding $1.6 million dollars necessary to produce the required seven (7) income-restricted inclusionary housing units. 2. Enclosed with the resubmittal package is a comprehensive project description for the Roosevelt Street Residences, as requested. The inclusionary housing requirement for the Ocean Street Residences and the combined offsite affordable housing project (Roosevelt Street Residences) is seven (7) affordable units. Since the existing Roosevelt Street Residences includes ten (10) total units, it is proposed that the additional three (3) units above the required inclusionary housing requirement are to -2- • • remain as market rate units. However, the applicant is requesting to reserve the right to designate the additional three (3) units as affordable units at a later date in the event that future development projects could utilize them to meet their inclusionary housing requirements within the northwest quadrant. 3. The RV storage for the Ocean Street Residences has been revised to utilize the five (5) tandem parking spaces within the parking garage as suggested. Once the update to the Planned Development Ordinance is approved by the California Coastal Commission, the applicant would request to revert the RV storage area back to the tandem parking spaces. Please see the enclosed tentative map and architectural site plan for the design of the RV storage area. 4. Complete front and rear elevations for the Ocean Street Residences project are provided on Sheet A4.l of the architecture plan set, as requested. 5. All cross sections for the Ocean Street Residences have been revised to illustrate the existing grade, as requested. Please refer to the enclosed tentative map and architecture plan sets for details. 6. All parking spaces within the parking garage that are adjacent to a solid wall have been increased by a minimum of two (2) feet to have a minimum width of ten and a half (10'-6") feet, as requested. These revisions have been coordinated between the enclosed tentative map and architectural site plan. Please see the enclosed plan sets for details. 7. The name for the affordable housing project has been modified to be Roosevelt Street Residences. 8. Enclosed within the resubmittal package are site photos of the existing Roosevelt Street Residences property. LANDSCAPE: ISSUES OF CONCERN The following responses are provided in conjunction with Rick Gallo of Randall Planning & Design, Inc., the landscape architect of record: OCEAN STREET RESIDENCES-AFFORDABLE HOUSING (ROOSEVELT STREET RESIDENCES) 1. A Demolition Plan, Sheet L-1.0 of the enclosed landscape plan set, has been added to identify all plant material that is to remain and those areas that are to be removed. 2. The patio area within the front yard of the property has been labeled as requested. The material proposed for the patio is a standard broom finished concrete as detailed on Sheet L-2.1. There are no additional site amenities (i.e. furniture) being proposed at this time. 3. The planter boxes and pots previously shown have been removed to allow for pedestrian circulation off of the drive aisle. -3- • • 4. A Planting Plan has been included on Sheet L-2.0 to identifY all symbols shown on the plans. 5. To address on-site drainage, rain gardens have been incorporated into the design at the head of each parking stall and along the north side of the property. A detail of the proposed rain garden has been included on Sheet L-2.2. 6. Additional areas of planting have been included around the trash enclosure as well as shrub masses adjacent to utilities. Please refer to Sheet L-2.0 of the enclosed landscape plans for details. 7. A note has been included on the plans stating that a minimum of fifty percent (50%) of the total shrub quantity shall be a minimum of five (5) gallons or larger. Please refer to Sheet L-2.0 of the enclosed landscape plan for details. 8. As mentioned above, additional planting areas have been provided adjacent to utilities and the trash enclosure for screening. There are no existing or proposed light poles on the site. All lighting for the site will be attached to the building. 9. The two existing Mexican Fan Palms along the street frontage are proposed to be retained. 10. As shown on the enclosed planting plan, Sheet L-2.0, the project is proposing a line of Timber Bamboo along the southern property line adjacent to the parking area to provide additional shade. In addition, at each end of the parking area the project is proposing to plant a jacaranda tree. Please refer to the enclosed planting plan for details. 11. Due to the existing conditions on the site, the requested eight (8) feet for a perimeter landscape strip surrounding the parking area is not feasible. 12. The percentage of turf of the total landscaped area has been included on Sheet L-3.0 of the enclosed landscape plans. 13. All areas for the proposed landscaping are to be irrigated with potable water. 14. The proposed water conservation features for the project include the utilization of a bubbler irrigation system for the majority of the proposed landscaping. In addition, the plant material being proposed with the project is either medium or low-water consumers. Please refer to the Hydro-zone Plan shown on Sheet L-3.1 of the enclosed landscape plan set. 15. Enclosed with the resubmittal package are the redline plan sets as requested. OCEAN STREET RESIDENCES 2. Revisions to the plant palette are as follows: a. The plant palette shown on Sheet L-2.0 has been annotated with proposed shrub quantities and sizes. In addition, a note has been added that states: "Minimum 50% of total shrub quantity is 5 gallons or larger". -4- • • 8. All trees have been relocated outside of the existing and proposed water and sewer easements as requested. Please refer to the enclosed landscape plans for details. 11. As mentioned above, the plant palette shown on Sheet L-2.0 has been annotated with proposed shrub quantities and sizes. In addition, a note has been added that states: "Minimum 50% of total shrub quantity is 5 gallons or larger". 13. All symbols shown on the enclosed landscape plans have been identified as requested. In addition, detailed planting plans have been included on Sheets L-2 .I thru 2.4 for further clarification. 15. The required corner sight lines have been added to the enclosed landscape plan. All planting material proposed within the comer sight lines will not exceed thirty (30) inches in height at maturity. Please refer to the enclosed landscape plans for details. 18. There is an average of two (2) feet of soil depth in the planters above the garage for typical shrub planting. These areas will include additional berming as much as possible to add additional planting depth. Where tree plantings are proposed above the roof deck of the garage, a pre-cast Lite-crete planter ring will be added to provide additional soil depth. A typical detail, "Tree Planter on Roof Deck Sectional Elevation", has been included on Sheet L-3.0 of the enclosed landscape to illustrate the proposal. 19. The heights of the retaining walls shown in Sections C-C and D-D are consistent with those shown on the tentative map. Additional notes have been added to the sections for the varying height of the proposed retaining wall. 20. Due to the required minimum width of the driveway, a landscape strip in front of the proposed retaining wall along the western property line is not feasible. The subject retaining wall is proposed to be finished with a stone veneer, consistent with the building foundations, to mitigate the appearance of the wall. 21. The water conservation plan was revised as followed: a. The areas proposed with Zone 1 landscaping are located in areas of great visual presence to the neighborhood with warm season turf. These areas have been minimized to specific locations where the soil will be suitably amended and the adjacent planting areas have the potential to provide optimal shade. In addition, Zone 1 landscape areas will be the only areas within the project where overhead spray irrigation will be used. All other landscape areas will utilize more efficient irrigation practices such as a bubbler and/or drip system. b. The percentage of turf of the total landscaped area has been included on Sheet L- 1.2 of the enclosed landscape plans. 23. As mentioned above, the percentage of turf of the total landscaped area for the project is provided on Sheet L-1.2 of the enclosed landscape plans. The project is proposing a warm season turf that is only ten percent (10%) of the total landscaped area. -5- • • 26. The notes on Sheet L-2.0 have been adjusted to use reinforced straw mat as an erosion control material rather than jute mesh, as requested. 28. Enclosed with the resubmittal package are the redline plan sets for continued review. NEW COMMENTS 1A. All planting zones have been coordinated between the various sheets of the enclosed landscape plan set. Please refer to the enclosed landscape plan set for details. 2A. Detailed planting plans have been included on Sheets L-2.1 thru 2.4 of the enclosed landscape plan set that illustrates the proposed plantings throughout the site. ENGINEERING: ISSUES OF CONCERN The following responses were provided from Rod Bradley of bha, Inc., the civil engineer of record: OCEAN STREET RESIDENCES 1. The subdivision boundary has been included on all sheets of the enclosed tentative map as requested. 2. The enclosed tentative map has been revised to number the proposed units within each building for clarification. The condominium note of Sheet 1 of the tentative map has also been revised to include "airspace" for clarification as requested. 3. Pursuant to the meeting between Rod Bradley ofbha, Inc. and Clyde Wickham on July 20, 2007, it is our understanding that the proposed alignment of the relocated storm drain, that will replace the existing undersized public storm drain, is acceptable by the City's Engineering Department. It is also our understanding that the existing public storm drain crosses the subject property as well as the adjacent property without the benefit of a public storm drain easement. The applicant will be responsible for the installation of the new storm drain with the acquisition of the necessary public storm drain easement being the responsibility of the City of Carlsbad. 4. Note #3 on the tentative map, relating to information on the existing storm drain in the southeastern corner of the site, has been removed as requested. Please refer to response (No. 3) above relating to the relocation of the existing public storm drain and easement acquisition. 5. The Water Quality Technical Report calculates the grassy swale at 0.50% which is consistent with the design shown on the tentative map. In addition, the detention element of the report has been revised to show that existing flows are maintained and will not be exceeded with implementation of the proposed project. 6. The Water Quality Technical Report has been revised to include a system of filtration satisfying the new regulations. Please refer to the enclosed report for details. 7. Enclosed with the resubmittal is correspondence from Mike Williams of SDG&E stating that they have no objections or conflicts with the proposed project. -6- • • • 8. The portions of the private and public sewer system for the project have been revised as requested. Please refer to the enclosed tentative map for details. 9. The tentative map has been revised to clarify the callouts for the sections shown. Please refer to the enclosed tentative map for details. 10. Pursuant to the meeting between Rod Bradley of bha, Inc. and Clyde Wickham on July 20, 2007, it is our understanding that there will be a future two (2) foot dedication on the north side of Ocean Street which will not be linked to the subject application. 11. All redline comments were addressed on the enclosed tentative map unless they were specifically addressed during conversations between Rod Bradley and Clyde Wickham. 12. Enclosed with the resubmittal package are the redline plan sets as requested. ROOSEVELT STREET RESIDENCES 1. Pursuant to the meeting between Rod Bradley ofbha, Inc., Jack Henthorn of Jack Henthorn & Associates and Clyde Wickham on August 22, 2007, it was determined from the parking template provided by Mr. Wickham that the current design of the parking area with a twelve (12) foot drive aisle exceeded the minimum backup width required for forty-five degree (45°) parking for the existing property. 2. After several site visits by the civil engineer, they were unable to locate the existing sewer cleanout. As a result, it is our anticipation that the project will be conditioned to provide a sewer cleanout in conjunction with the other on-site improvements. 3. All existing water meters and dry utilities are shown on the enclosed site plan and no conflicts exist with the current design. Please refer to the enclosed site plan for details. 4. Additional spot elevations have been provided along the northern and southern property lines, as requested. To address on-site drainage, rain gardens have been incorporated into the design at the head of each parking stall and along the north side of the property. A detail of the proposed rain garden has been included on Sheet L- 2.2 of the enclosed landscape plans. BUILDING: ISSUES OF CONCERN 1. According to Section 1102A.2 of the CBC, the building accessibility standards "do not apply to the alteration, repair, rehabilitation or maintenance of Group R Occupancies constructed for first occupancy prior to March 13, 1991". Since the proposed application only includes alterations to the exterior of the fa<;ades and cosmetic rehabilitation to the interior of the units, the existing structure for the Roosevelt Street Residence is exempt from the accessibility requirements. Enclosed with the resubmittal package is the actual section from the CBC. -7- • • • FIRE: ISSUES OF CONCERN 1. Pursuant to the meeting between Jack Henthorn of Jack Henthorn & Associates and Greg Ryan on July 2 7, 2007, the existing structure located on Roosevelt Street is not required to provide an automatic fire sprinkler system. 2. Noted. If you have any questions or need any additional information, please feel free to contact myself at (760) 438-4090 ext 104 or e-mail me at bennett(a)jhenthorn.com. Sincerely, Senior Planner encl. Resubmittal Package-Ocean Street Residences cc: Tim Clark, 2303 Investors, L.P. file -8- JHA/BDB/OC!:AN S-1-RESUB L !"1\ , May 30,2007 • Cit Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 of SUBJECT: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28/SDP 06-10 -OCEAN STREET RESIDENCES All of the items requested of you earlier have not been received and therefore your application is still deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, June 10, 2005, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. At this time, the City asks that you provide 5 complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Barbara Kennedy, at (760) 602-4626, if you have any questions or wish to set up a meeting to discuss the application. DON NEU Planning Director DN:BK:bd c: Gary Barberio, Team Leader Clyde Wickham, Project Engineer Debbie Fountain, Housing and Redevelopment File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ CT 05-12/CP 05-11/HDP ~07/CDP 05-28/SDP 06-10-OCEAN,REET RESIDENCES May 30,2007 Pa e2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Housing and Redevelopment: The Housing and Redevelopment Department generally supports an off-site solution to the Ocean Street residences inclusionary and replacement housing requirement. However, additional information is required before your application can be deemed complete and a recommendation for approval can be provided. The following information needs to be provided and the following issues need to be resolved for the Roosevelt Street Apartment project: 1. Documentation must still be provided to the Housing and Redevelopment Department which indicates that it is not financially feasible to provide the affordable units on the site of the market rate development. This information must be confirmed before developer may proceed with this off-site solution. 2. Documentation must be provided that indicates and confirms that the apartment complex has a remaining economic life of at least 55 years. (Letter from Parra Construction dated February 9, 2007 is under review). 3. Rehabilitation of the building exterior is required to improve the building's aesthetic quality. Based on the review of the plans, it does not appear that any significant improvements are being proposed to the exterior of the building. Information must be provided which indicates the detail of the rehabilitation efforts that will be implemented to the exterior of the building. 4. Documentation is required on the interior condition of the units, and an interior rehabilitation plan is required for any necessary and/or appropriate modifications and/or upgrades in the units. 5. Information must be submitted to the Housing and Redevelopment office on the existing household size within each existing unit, the gross household income for each existing household, and the rent currently being charged for each unit. Planning: 1. There are no incomplete items relating to the Ocean Street Residences. However, because the project proposes to meet the inclusionary housing requirement through an off-site project, the entire project application cannot be deemed complete until the items listed above for the affordable housing site have been addressed. 2. Planning Staff will coordinate a review by the Housing Policy Team to discuss the acceptability of the proposed affordable housing project. Additional direction will be provided to you pending the outcome of this meeting. CT 05-12/CP 05-11/HDP oi7/CDP 05-28/SDP 06-10-OCEAN slEET RESIDENCES May 30,2007 Pa e 3 ISSUES OF CONCERN Planning: 1. The affordable housing site will be evaluated for it's compliance with current standards including density, parking, setbacks, etc. Any modifications to the required development standards will need to analyzed through the Site Development Plan review and shall be formally approved as part of the affordable housing project approval. At this time, planning staff recommends that exterior architectural enhancements should be incorporated into the plans. However, this item can be deferred until formal direction is obtained from the Housing Policy Team. 2. Please provide a comprehensive project description for the affordable housing site. Identify the number of affordable housing units and market rate units that will be provided. If all of the units are proposed to be rented at an affordable rate it would result in 3 additional affordable housing credits (over your inclusionary requirement before any replacement housing requirement). It may be possible that these potential excess affordable units could be purchased by other developers in the Northwest quadrant. Based on the current information, 7 affordable units would be required to satisfy the lnclusionary Housing Requirement of the 35 unit condo project and 10 unit apartment site (45 units x .15% = 6. 75 units). The rent roll for the existing Ocean Street apartments appears to indicate that none of the units are occupied by persons and families of low or moderate income (as defined by Section 50093 of the California Health and Safety Code). The rent roll information requires review and potential verification by the Housing and Redevelopment Department. Please note that if any of the existing units within the Ocean Street apartments become occupied by persons or families with low or moderate income levels, replacement dwelling units must be provided. The replacement housing requirement would be over and above the City's 15% inclusionary housing requirement for the project. This requirement for replacement housing does not apply to the Roosevelt apartment site since it is located outside of the coastal zone. 3. RV storage continues to be an unresolved issue. The new Planned Development (PO) Ordinance would not require RV storage for projects containing less that 100 units. However, the modifications to the PD Ordinance have not yet been approved by the Coastal Commission and may not be applied to your project until they become effective. As noted in the first issues letter, a total of 700 sf of RV storage is required. The architect's plans show a "Rec Storage" area, but these spaces do not appear to be conducive to the storage of non-motorized personal watercraft, such as kayaks and surf boards, and/or bike storage as discussed in the preliminary review letter. You may want to explore providing an "RV storage" area within the tandem parking space areas, provided that there is a clear path to get non-motorized vehicles in and out of the storage spaces. Your alternatives to redesigning the RV storage area would be to wait until the PO Ordinance modifications are approved by the Coastal Commission or to apply for a variance to the development standards. 4. Please provide complete front and rear elevations for the Ocean Street Residences project. CT 05-12/CP 05-11/HDP 107/CDP 05-28/SDP 06-10-OCEAN,REET RESIDENCES May 30,2007 Pa e4 5. Please show the existing grade on all cross-sections and building elevations for the Ocean Street Residences. 6. There are a few parking spaces that need to be dimensioned in the underground parking structure. Please note that spaces adjacent to a solid wall need to be increased in width by 2 feet. Please see red lines for areas of concern. Coordinate revisions on Engineer's and Architect's plans. 7. In order to avoid confusion for the public, staff recommends that you propose an alternative name for the affordable housing project. Both projects will continue to be reviewed and processed concurrently. Please contact me to initiate the name change. 8. Please submit site photos for the Roosevelt Apartment project. Landscape Plan Check (PELA): Please make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. Ocean Street Residences -Affordable Housing: 1. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. 2. Please label this area (patio?) and indicate all paving materials and specify any amenities/furniture. 3. Please provide rnore information on the planter boxes and pots. Indicate size and materials. 4. Please identify all symbols in the legend. 5. Show any bio-swales/detention basins or underground drainage collection systems (in or under planting areas that could impact the planting) and work these facilities into the design. 6. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen elements of unsightliness and screen/soften new improvements. Please provide landscape area at the trash enclosure and provide plantings to both screen and soften this structure. 7. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please add a note indicating that this requirement shall be met. 8. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. Please locate any light poles on the landscape plans and insure that there are no conflicts with trees. CT 05-12/CP 05-11/HDP 0~7/CDP 05-28/SDP 06-10-OCEAN S-ET RESIDENCES May 30,2007 Pa e 5 9. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. Camphor appears to be the predominant street tree in this block. (See comment number 1 above. Are existing parkway trees to be removed or retained?) 10. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. 11. Each unenclosed parking facility shall provide a perimeter landscape strip of at least 8' on all sides. The perimeter landscaped strip may include any landscaped yard, setback, or landscaped area otherwise required within the property and shall be continuous except for required access points. Please provide for this requirement. 12. Please indicate the percentage of turf of the total landscaped area. (See limitations in IV.C.3-4.2) 13. Please indicate whether potable or recycled water is to be used to irrigate all landscape areas. 14. Please provide a written description of water conservation features including addressing xeriscape principles (see Appendix B) within the project. 15. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation plan) on the next submittal. Ocean Street Condominiums REPEAT COMMENTS 1. Completed. 2. Provide a plant palette list indicating the following: a. Shrub types and quantities (approximate). 2"d Review: Please indicate quantities by size. It needs to be insured that a minimum of 50% of the shrubs (excluding slopes) are 5 gallon size. A note can be added indicating that a minimum of 50% of the shrubs will be a minimum size of 5 gallon. b. Completed. 3-7 Completed. 8. Please show and label all property lines, easements and rights-of-way on all landscape plans. 2"d Review: No trees are allowed within the easements. Please coordinate relocation of the water and sewer easement to allow the tree plantings at the southwest comer of lot #7. 9-10 Completed. 11. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please show how this requirement is being met. 2"d Review: See comment 2a above. 12. Completed. ------------------------------- CT 05-12/CP 05-11/HDP 107/CDP 05-28/SDP 06-10-OCEAN,REET RESIDENCES May 30,2007 Pa e6 13. Please identify all symbols used on the plans. 14. Completed. 15. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street corners within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please show all sight lines on the plans. 2"d Review: Please correct the sight Jines and remove any items over 30" within this area including the monument. The sight lines are not shown with the required 25' dimension. 16-17 Completed. 18. Plans and sections show large plant materials above the subterranean parking. Will there be sufficient soil depth and structural support for the large palms and trees? Large trees and planting areas will be necessary; therefore please insure appropriate support structures. Please address. 2"d Review: Some planter areas appear to be Jess than 2' deep and a portion of this depth may be lost to drainage elements. Please show the smallest planting depths in each planting area and provide a detail with cross section showing drainage with final depth of growing medium. 19. Retaining wall elevations appear to differ from the civil plans (i.e. section G-G 0-0 on landscape shows a §! 7' wall on the west property line where civil plans show an W 8.76' wall). Please review all sections and provide accurate graphic information. Final comments are reserved pending coordination. 20. Retaining walls are proposed around the site with varying heights; some quite high. Walls above 3' need to be softened with landscaping. In some cases (west property line) there is no planting proposed in front of the wall. In all areas plans are too conceptual to evaluate the plantings at these walls. Please fully address plantings at retaining walls showing how the walls will be softened. Planting area is needed in front of the west property line wall to both soften and enhance this wall. 21. Water conservation plans shall include but not be limited to: a. Extent of Planting Zone 1 (Lush) -lnaisale 13ersenla!!e af Zane 1 13lantin!! (13er •0.1'JI'Jenai>E A) af the tetal lanasGai'JeEI area (as aefinea in A1313enaix G). Provide justification for the appropriateness of where Zone 1 plantings are used in terms of water conservation. (For example. are Zone 1 plantings in areas of shade where they will use less water and/or has the soil been suitably amended so as to retain relatively greater moisture?) b. Proposed turf areas. (See limitations in IV.C.3-4.2) Give percentage of turf of the total landscaped area. (See comment 23 below.) 22. Completed. 23. Turf areas shall be limited by type of project and percentage of landscaped area in accordance with the following: RMH: 30% (cool season grass) or 50% (warm season grass). Please provide percentage of turf proposed insuring that these maximums are not exceeded. 24-25 Completed. CT 05-12/CP 05-11/HDP oi7/CDP 05-28/SDP 06-10-OCEAN slEET RESIDENCES May 30,2007 Pa e 7 26. Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard 1 -Cover Crop/Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. Type of straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Straw matting shall be required when planting occurs between August 15 and April15. During the remainder of the year the cover crop and /or straw matting may be used. b. Standard #2-Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). (See Hydroseeding) c. Standard #3-Low Shrubs Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4-Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers) at a minimum rate of one (1) per two hundred (200) square feet. Slopes-6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1 -Cover Crop/straw mat. b. 4' to 8' in vertical height required Standards #1, #2 and #3. c. In excess of 8' in vertical height require Standards #1, #2, #3, and #4. Please address show these requirements are met on the slope areas. t'd Review: The city Engineering Department no longer allows jute mesh. Please revise to reinforced straw mat. 27. Completed. 28. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation plan) on the next submittal. NEW COMMENTS 1A. Zones do not match plan sheets from L-1.2 to L-1.3. Please coordinate plans (i.e. Zone 2 refined landscape on sheet L-1.2 is shown as Zone 4 low water use plantings on sheet L-1.3). Check all zones and coordinate. 2A. Please indicate plantings in all landscape areas. CT os-12/CP os-11/HDP lo7/CDP os-28/SDP 06-1 o -ocEAN IREET RESIDENCES May 30,2007 Pa e 8 Engineering: Engineering Department staff has completed a 3'd review of the application submittal documents for application completeness. The application and plans submitted for this project are from an Engineering standpoint considered complete with outstanding issues to be resolved prior to conditional approval: Many of the issues raised on the previous review are still outstanding. Many comments made on the TM I Site Plan (2"d check) are also remaining. The bold text identifies issues that are still considered unresolved and have expanded on those that could be clarified. 1. Revise the Tentative Map to depict and callout the correct subdivision boundary. Although the boundary information is reflected on sheet 7, the TM sheets should also show the property boundary information so staff can verify no conflicts. The existing Right of Way along Ocean Street is considered the subdivision boundary along the street frontage. Additional dedication is required to comply with City Council Action (50' Right of Way). The cross section on sheet 1 of the TM should be corrected to show existing AND proposed conditions. Stairs, ramps and landings must be shown. 2. Please correct the condominium note on sheet 1 to reflect that 18 Airspace Condominiums are proposed on 1 lot. The existing note states that 35 units are proposed, and does not clarify the airspace aspect of the development. 3. Clarify the size of (proposed) storm drain facility near the southeast property corner. Simply add another note stating it is an 18" RCP (if that is the size). If this is a public storm drain, clarify how this facility can be repaired or replaced considering the proposed retaining walls and structures located so close. If public, revise the TM to depict a proposed 15-ft wide easement over the existing and proposed facility. Is the adjacent property owner agreeable to the proposed alignment? Will they grant an easement? Do you have anything in writing (from the neighbor) to support this alignment? The outfall of the proposed storm drain is unclear. The TM shows a D-41 outlet near a balcony, retaining wall and fence without easement or maintenance access. Please clarify private maintenance responsibilities or method of public access in this area. 4. Note #3 (bottom right corner sheet 2) states "No information regarding the size or material is available regarding the existing storm drain at the southeast corner of the property. The storm drain is a public storm drain, accepting water from Ocean Street. However no information exists." Upon looking at Drawing 147-2 Sheet 4 of 4, I found information that shows the 12" CMP in plan and profile view of this storm drain. Please correct this statement. The proposed project could upgrade and replace the existing storm drain and follow the existing easement in lieu of diverting public water onto private property. Please contact the adjacent property owner for access and temporary construction easement. CT 05-121CP 05-111HDP oi71CDP 05-281SDP 06-10-OCEAN slEET RESIDENCES May 30,2007 Pa e 9 5. Revise the water quality technical report to include the 10% slope of the grassy swale and the increased velocity. The last page in section 2 (before Operation and Maintenance section) incorrectly states that the slope is .05%. There is a project under construction that is installing a permeable filter system with a storm drain component that could fit this development and satisfy the Maximum Extent Practicable (MEP) portion of the Regional Requirements. Section 2.1 of the Water Quality Technical Report states that existing flows will be maintained. The calculations that verify this element are absent or missing. 6. Buena Vista Lagoon is an impaired Water Body according to San Diego Regional Water Quality Control Board 303(d) listing dated 2002. The indicators for this listing are: Bacteria, Nutrients and Sedimentation I Siltation. The Water Quality Technical Report needs to filter these specific pollutants and the identified pollutants of this project to the maximum extent practicable (MEP). The proposed "Swale Guard and Vegetated Swale fall short on hydrocarbons, bacteria, pesticides and nutrients. Additional considerations should be investigated. The new regulations and concepts in place direct that increased flows will be detained to equal existing runoff from development. 7. Provide a letter from SDG&E stating they do not object to this project, considering they have existing easements encumbering the property. The letter submitted is a generic "will serve" letter without mention of site specific encroachments. Please clarify the SDG&E will accept the proposed development. Please refer to sheet 7 and sheet 2 for the conflicts with proposed sewer, water and retaining walls. 8. Revise the TM to depict the limits of public sewer and private sewer. The complete sewer system including pump station and force main will be private until connection to the existing sewer access hole in the middle of Ocean Street. The access hole located in the public right of way I driveway should be relocated back a few feet onto private property. See 3'd check TM I Site Plan for comment. 9. Section EIE on top of sheet 2 indicates a retaining wall is proposed. The plan view on the same sheet shows a 2:1 slope with a limited area to handle drainage. Please clarify this issue and show the volume of water anticipated. Address the method of drainage adjacent to the wall, fence and balcony, mentioned above. Reconsider the drainage issue along the northeast portion of the project where the space is restricted to handle drainage flow. 10. An important note to mention is: The right of way for Ocean Street is 50'; a 1 foot dedication of public right of way may be required. 11. Revise the TM to address all redline comments as noted on the returned plans. There are many comments and corrections on the TM that were not answered. I have restated them on the 3'd review and added an asterisk (*) to note previous comment remaining. 12. Enclosed is a redlined check print of the project. This check print must be returned with the revised plans to facilitate continued staff review. If you have any questions regarding the Engineering comments, please call Clyde Wickham at 602-2742. CT 05-12/CP 05-11/HDP ,07/CDP 05-28/SDP 06-10 -OCEAN "REET RESIDENCES May 30,2007 Pa e 10 The Roosevelt Apartment Project is considered complete from an Engineering standpoint with the following issues to be resolved before approval: 1. The proposed parking and back up area is limited and has issues with size, overhang (wheel stops) and access. Please reconsider the design and show "P" vehicle maneuvering in the 12' back-up area provided. 2. Show existing and proposed sewer cleanouts. 3. Please show existing and proposed water meter location. Similarly if you show existing and proposed Cable TV, SDG&E, and Phone service locations conflicts can be resolved before design is finalized. 4. Adjacent drainage conditions are a concern for infill development. Please provide drainage patterns, topo, spot elevations or arrows to demonstrate existing and proposed conditions. This would apply to 2 sides I neighbors of the proposed project. Building Department: 1. Please verify that the affordable housing apartment building meets accessibility requirements. Fire: 1. An Automatic Fire sprinkler system shall be provided for the affordable housing project. 2. Fire Department has no additional comments at this time for the Ocean Street Condominium project. r. .k Henthorn & Associat. April 10, 2007 Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 5365 Avcnida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 RECEIVED / "'{ 1 ~ 2007 CiTY OF CARLSBAD PLANNING DEPT Subject: Ocean Street Residences -Resubmittal Package for CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Dear Ms. Kennedy: Enclosed is the re-submittal package for the Ocean Street Residences project. The project has been revised to reflect the incomplete items and issues of concern identified in the City's letter dated July 28, 2006. Each of the items contained in the letter are addressed below: PLANNING: INCOMPLETE ITEMS I. Enclosed within the resubmittal package is a site development plan set for the affordable housing project on Roosevelt Street. The plan set includes a site plan that includes parking areas, existing building setbacks and other required information; a landscape plan that illustrates the proposed landscape improvements; and, building plans that show the existing floor plans and elevations with notations of the proposed improvements. Please refer to the enclosed plan sets for details. 2. The requested "Rent Roll" for the existing fifty (50) apartments located on the subject site will be forwarded under a separate cover due to the sensitivity of the information. We are also requesting that the information provided on the rent roll be maintained as confidential and not released for public review. 3. Comment noted, when the proposal for the project's affordable housing is scheduled for review by the Housing Policy Team please advise this office of the timing. 4. Enclosed with the resubmittal package is the early noticing package that includes the radius maps and mailing labels for the subject site. PLANN1NG: ISSUES OF CONCERN I. The proposed storage for recreational vehicles has been retained on the enclosed plan sets and will be utilized as additional storage space for the project. We understand that the modifications to the Planned Development Ordinance have been approved by the City Council and are awaiting approval from the California Coastal Commission. -1- • • 2. Typical details of the proposed storage areas are included within the enclosed architecture plans. Each storage space will be gated for security and assigned to a specific unit. On sheet A I of the architecture plan set, the 'Storage Calculations per Unit' table provides an accounting for all of the storage space required and proposed with the project. Please refer to the enclosed architecture plans for details. 3. The parking areas have been revised as follows: a. The two parking spaces near the southeast corner of the parking garage have been increased in width to meet the minimum 8' -6" width requirement. b. The parking near Unit I 0 was revised to shift the compact space so that it does not encroach into the required drive aisle. c. The length of the parking space near the southwest side of the parking garage has been dimensioned as requested. d. All parking spaces designated for guest parking spaces have been called out on the enclosed site plan included within the architecture plan set. e. Comment noted. 4. The setback information shown on the title sheet of the engineer plan set has been updated to show that the required front yard setback for multi-family residential structures is 15 feet as requested. 5. Sheet A I of the architecture plan set has been revised as follows: a. The table that shows the unit storage space has been revised to express the area provided in cubic feet as requested. b. The number of tandem spaces has been updated to nine (9) to correctly reflect the site plan. 6. The "Design Submittal" information has been deleted from the cover sheet of the architecture plan set as requested. 7. The proposed heights of the buildings for the Lagoon Flats have been included on sheet A3 as requested. 8. The square footage for the fitness center has been revised to be consistent between sheets AI and A6.l. The architect has also included a note on sheet AI to clarifY that the I, 7 50 square foot credit is the maximum amount of indoor recreation that can be applied to the project's requirement per the Planned Development Ordinance. 9. The Conceptual Landscape Plans have been revised as follows: a. The comments received from the City's landscape consultant have been addressed on the enclosed plans. The previous landscape architect for the project, Collaborative West, has been replaced with Randall Planning & Design, Inc. They have taken great care in revising the plans to address all of the comments and provide additional detail as requested. -2- • • • b. The landscape plans were revised to correctly show the locations of all of the proposed retaining walls from the engineer's site plan. c. Sheet L-1.4 of the landscape plans includes the proposed wall and fencing plan for the project. Details of the fencing that includes proposed heights can be found on sheets L-3.0 and L-3.1. Please refer to the enclosed landscape plans for details. d. The landscaping in the front yards along Ocean Street is proposed to be fenced with a low wall and privately maintained. These areas are also elevated from Ocean Street and visibility will be limited from the public view. The project CC&R's will contain guidelines for these areas that will include maintenance. The responsibility to enforce those guidelines and ensure that these areas are maintained at acceptable levels will fall to the HOA. ENGINEERING: ISSUES OF CONCERN I. The subdivision boundary has been included on all sheets of the enclosed tentative map as requested. 2. The proposed storm drain facility near the southeast corner of the property has been labeled as requested. The project engineer has included a proposal for a concrete encasement for the storm drain that crosses underneath the proposed retaining wall along the eastern property line. The proposal to remove and replace the existing storm drain will be done within the existing easement on the adjacent property. Please refer to the enclosed plans for details. 3. The water quality technical report has been revised to include calculations that demonstrate the water treatment controls meeting the numeric sizing criteria. Please refer to the enclosed report for details. 4. Enclosed please find a copy of the letter from SDG&E dated December 5, 2005, that was previously submitted, addressing the project and that they have no objections to the proposed development. 5. The tentative map has been revised to depict a proposed 20-foot public waterline easement that encompasses the proposed water service lines. 6. Enclosed please find a copy of the letter from Coast Waste Management dated October 6, 2005, that was previously submitted, that states they can readily handle the solid waste disposal and recycling requirements for the project in the manner we are proposing. It also states that the HOA will be responsible to have the trash and recyclable materials delivered to a readily accessible area at either the main entrance or at the bottom of the access drive. 7. A copy of the certificate of compliance, recorded as DOC 75-342059, that was previously submitted has been included within the resubmittal package. 8. Sheet 1 of the tentative map has been revised to include the requested dimension for the bio-swale shown on the typical section of the private driveway. -3- • • • 9. Fencing along the westerly property line is an existing six (6) block walL The sections on sheet 6 of the enclosed tentative map have been revised. Since the existing six (6) foot block wall is proposed to remain there is no danger of the adjacent property owners/tenants falling down the proposed retaining wall within the project. 10. Light shading has been included on the enclosed tentative map for all proposed driveway paved areas as requested. 11. Comment noted. 12. All comments contained on the redlined tentative map have been addressed. 13. The tentative map redlines are included with the resubmittal package as requested to facilitate continued staff review of the project. FIRE: ISSUES OF CONCERN 1. A note has been provided on the sheet A2.1 of the enclosed architecture plan set that states the storage areas located within the underground garage will be provided with a fire sprinkler system as requested. 2. The applicant concurs with the fire sprinkler requirement for the storage areas within the underground garage. The construction plans for these areas will reflect all of the required fire protection measures applicable to these storage areas. 3. Noted. Please note that the responses to the comments received from Debbie Fountain of the Housing and Redevelopment Department will follow under a separate cover. If you have any questions or need any additional information, please feel free to contact myself at (760) 438-4090 ext 104 or e-mail me at hc:nnett(a Jlwnth<lrtLc:orn. Sincerely, Bry D. Bennett Senior Planner encl. Resubmittal Package-Ocean Street Residences cc: Tim Clark, Prospect Point Development file -4- JHNBDB/OCEAN ST· RESUB LTR July 28, 2006 • Cit Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 of SUBJECT: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28/SDP 06-10 -OCEAN STREET RESIDENCES All of the items requested of you earlier have not been received and therefore your application is still deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted the City tlas 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, June 10, 2005, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. At this time, the City asks that you provide 5 complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Barbara Kennedy, at (760) 602-4626, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, ~~ DON NEU Assistant Planning Director DN:BK:aw c: Gary Barberio, Team Leader Clyde Wickham, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-73.14 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carisbad.ca.us @ CT 05-12/CP 05-11/HDP oi7/CDP 05-28/SDP 06-10-OCEAN S~EET RESIDENCES July 28, 2006 Pa e2 '-LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please submit a site plan for the affordable housing project Include setback dimensions, parking areas, landscape areas, etc. The size (square footage) of the units will also need to be shown on the plans. Additionally, items 1 through 7 listed in the letter dated April 20, 2006 from Debbie Fountain to Tim Clarke will need to be provided (see attached). Specific details will need to be provided outlining the extent of the proposed rehabilitation of the building exterior and landscape improvements. 2. Please provide a "Rent Roll" for the tenants of the existing 50-unit apartment project Unfortunately, the affidavit of tenancy that you submitted is not sufficicent to document that the units are not occupied by low-income households. The Rent Roll should include the following information: Identify person(s) in the unit (include total household size), gross household income, rent currently charged for the unit, and number of bedrooms in the unit If you have questions on the content for the Rent Roll, you may contact the Housing and Redevelopment Department for an example. 3. When the items listed above are received, your Aft'ordable Housing proposal will be scheduled for review by the Housing Policy Team. · 4. Please provide a radius map and mailing labels for the Ocean Street condominium site so that staff can prepare the early public notice package. Engineering: None. ISSUES OF CONCERN Planning: 1. The RV storage as shown does not meet the current requirements for storage of recreational vehicles. However, Planning Staff is recommending revisions to the Planned Development (PD) Ordinance which would change the RV storage requirements so that RV storage would only be required for projects with 100 or more units. If this modification is approved, the RV storage woUld not be an issue. The modifications are scheduled to go before the Planning Commission and City Council soon, and if approved, the modifications would also need to be approved for the Coastal Zone which could take additional time. 2. Separate storage areas needs to be provided for each unit Please indicate the size of the storage spaces (in cubic feet) and the unit it serves. 3. Parking Areas: a. Two parking spaces near the southeast corner of the parking garage do not meet the minimum 8.5 foot width. b. One compact space near unit 10 appears to encroach into the required drive aisle. Mr. DonNeu -------------- • • 2303 INVESTORS, L.P. 1020 PROSPECT STREET, SUITE 314 LA JOLLA, CA 92037 TELEPHONE (858) 456-0014 FACSIMILE (858) 456-0061 June 7, 2006 Assistant Planning Director City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28-Ocean Street Residences Dear Mr. Neu, Pursuant to your letter of July 8, 2005 this will confirm that none of the existing units are occupied by persons or families with low or moderate income levels. TWC/mp Yours very truly, 2303 Investors L.P, a California limited partnership By: 2303 Investors GP, LLC, a California limited liability company, Its Gener Timothy W. Clark, President • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California D county of (\(W) l-e ~ On( \1 I AI\L l , c9-{)') ( .1) 0~ Date C. L. STANLEY Commission # 1378502 z Notary Public -California ~ Son Diego County My Comm. Expires Oct 6. 2006 ~rsonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ----------------------OPTIONAL---------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ...J.L litle or Type of Document \ &.i +o (j~ -\?(5'( 8 ubvnJTI&j Document Date: \. 0 -l -Q,p 0 Number of Pages: _ _j\L_ __ Signer(s) Other Than Named Above: _ _,(\'---''-'f>Y\L'-'--'----=--'-""----------------- Capacity(ies) Cl~~ed by Signer (' \ \ Signer's Name: \\'f\J\Q~kl ." \.-\UJL D Individual fl.,-n c-~ \ • -\ )o(Yorporate Officer-ntle(s): -\'L ~\ C\..Y)'VQ D Partner-D Limited 0 General D Attorney~in~Fact D Trustee D Guardian or Conservator D Other:------------------------ Signer Is Representing: J-3 )Q \ K\\M"*Of~, l ' e @1999 National Notary Association • 9350 De Solo Ave .. P_Q_ Box 2402 • Chatsworth, CA 91313-2402 • www.natJonalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1·800-876.£827 April20, 2006 Mr. Tim Clarke • Cit Prospect Point Development 1020 Prospect Ave, Suite 314 La Jolla, California 92037 SUBJECT: 2303 Ocean Street Condominium Project-Affordable housing inquiry I am writing in response to your inquiry regarding the possible use of the existing ten (10) unit apartment building located at 3366 Roosevelt Street as an offsite solution to meet the affordable housing and replacement housing obligations for the project that you are proposing on your parcel at 2303 Ocean Street. It is my understanding that the new affordable and replacement requirement for your project will not exceed 1 0 units. I have visited the subject site and observed the exterior of the units. I did not inspect the interior of the units. The site appears supportable as an offsite solution to meet the affordable and replacement housing requirements that would be associated with the project at 2303 Ocean Street subject to the following: 1. Confirmation that it is not financially feasible for you to provide the required affordable units on site at 2303 Ocean Street. 2. Confirmation of the remaining economic life of the structure (needs to be at least 55 years). 3. Rehabilitation of the building exterior to improve the building's aesthetic quality. 4. Upgrading and enhancement of the landscaping for the property. 5. Confirmation of interior unit condition, size (square footage) of the units and number of bedrooms within each unit. 6. Rehabilitation of the interior of the units, as determined to be appropriate based on a complete inspection of the units in order to provide quality housing opportunities for low income households. " 7. Provision of information on the household size within each existing unit, the gross household income for each unit, and the rent currently being charged for the units. 8. Execution of an affordable housing agreement prior to recordation of any final map for the Ocean Street project. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 * cT o5-12tCP 05-11/HDP !o7tCDP 05-28/SDP o6-10-ocEAN AEET RESIDENCES July 28, 2006 Pa e 5 '. improvement is recommended (see notes on sheet 6). 11. An important note to keep mentioning is: Grading and improvement plans will be required to develop this project as shown. 12. Revise the TM to address all redline comments as noted on the returned plans. 13. Enclosed is a redlined check print of the project This check print must be returned with the revised plans .to facilitate continued staff review. If you have any questions regarding Engineering comments, please call Clyde Wickham at 602-2742. Fire: 1. Plans indicate that this entire project shall be provided with automatic fire sprinklers. It should be noted that the garage level storage rooms shall also be provided with fire sprinklers. 2. The storage unit doors shall be provided with view windows and a chain link fence material as a horizontal barrier between the fire sprinkler deflector and the maximum storage height (18 inches below sprinkler deflector). 3. Fire has reviewed all revisions to previous submittal and would concur that with the exception of the above that all other fire conditions have been met • County of San Diego Metropolitan Statistical Area Household Income Limits Note: The following household income limits are adjusted for a high cost area as per the Federal 1-kiusing Ad of 1937 and calculated using HCD methodology to comply with Heah!) and Safety Code Sections 50052.5 and 50093. 30% 35% Size TWO $16,550 $1,379 $414 $19,300 $1,608 THREE $1e,550 $1,554 $466 $21,750 $1,813 FOUR $20,700 $1,725 $518 $24,150 $2,013 FIVE $22,350 $1,863 $559 $26,100 $2,175 SIX $21,000 $2,000 $600 $28,000 $2,333 SEVEN $25,650 $2,138 $841 $29,950 $2,496 60% 65% 100% 115% Hshold Size Atanual Monthly 30.00% Annual Monthly lntome Income Monthly Income Income ONE $45,450 $3,788 $1,136 $52,250 $4,354 TWO $51,900 $4,325 $1,298 $59,700 $4,975 THREE $58,400 $4,867 $1,460 $67,150 $5,596 FOUR $64,900 $5,408 $1,623 $74,650 $6,221 FIVE $70,100 $5,842 $1,753 $80,600 $6,717 SIX $75,300 $6,275 $1,883 $86,600 $7,217 SEVEN $80,500 $6,708 $2,013 $92,550 $7,713 EIGHT $85,650 $7,138 $2,141 $98,500 $8,208 Note: Income levels 80% and below are adjusted by a HUD high cost area allowance. $483 ·$544 $604 $653 $700 $749 30.00% Monthly $1,306 $1,493 $1,679 $1,858 $2,015 $2,165 $2,314 $2,463 • 2006 '-San Diego MSA Median Income $ 64,900 U.S. Department of Housing and Urban Development EFFECTlVE: March 8, 2006 I 40% 50% $22,100 $1,842 $553 $27,600 $2,300 $24,850 $2,071 $621 $31,050 $2,588 $27,600 $2,300 $690 $34,500 $2,875 $29,800 $2,483 $745 $37,250 $3,104 $32,000 $2,687• $800 $40,000 $3,333 $34,200 $2,850 $855 $42,800 $3,567 70% Moderate Income 120% 140% Annual Monthly 30.00% Annual Monthly Income Income Monthly Income Income $54,500 $4,542 $1,363 $63,600 $5,300 $62,300 $5,192 $1,558 $72,700 $6,058 $70,100 $5,842 $1,753 $81,750 $6,813 $77,900 $6,492 $1,948 $90,850 $7,571 $84,100 $7,008 $2,103 $98,150 $8,179 $90,350 $7,529 $2,259 $106,400 $8,783 $96,550 $8,046 $2,414 $112,650 $9,388 $102,800 $8,567 $2,570 S'l19,950 $9,996 This general income lnfonnation ls calculated from the U.S. Department of Housing and Urban Development (HUb) Income figures. Specific program requirements may vary. Prepared by Affordable Housing Services Web: www.AHSinfo.com Phone (858) 832-1460 $690 $776 $863 $931 $1,000 $1,070 30.00% MonthlY $1,590 $1,818 $2,044 $2,271 $2,454 $2,635 $2,816 $2,999 T. Clarke April 20, 2006 Page 2 • • The affordable housing agreement and restrictions will limit the rental rates to levels affordable to persons or individuals earning 70% of the median income based on family size and would remain in effect for 55 years. It is also important to note that the· households residing within the units must meet the income restrictions set forth by the City. The gross household income for each tenant household may not exceed 80% of the San Diego County Area Median. The 2006 income limits and rental rates are attached for your information. As the developer, you will be responsible for ensuring that each household meets the eligibility requirements upon initial leasing and through annual income certifications for the 55 year period of the restriction, and for maintaining the appropriate rental structure. Although I can support your proposal subject to the above conditions, it should be clearly understood that the final approval for your offsite satisfaction of the City's affordable housing requirements rests with the City Council. The City Council can deny, approve or approve with additional conditions your request for an offsite affordable project. Also, it is important to note that this response is not intended to be used as a Jetter of support for, or an evaluation of, your market rate development. This response addresses the proposed affordable housing component only. 1 look forward to working with you as you proceed with your project. If you have any questions regarding this correspondence or the affordable housing requirements in general, please contact my office at (760) 434-2815. ~r: -de£~ DEBBIEFO~~ Housing and Redevelopment Director C: City Project Planner, Barbara Kennedy V CT 05-12/CP 05-11/HDP 0,07/CDP 05-28/SDP 06-10-OCEAN ~EET RESIDENCES July 28, 2006 Pa e4 1. Revise the Tentative Map to depict and callout the correct subdivision boundary. Although the boundary information is reflected on sheet 7, the TM sheets should also show the property boundary information so staff can verify no conflicts. The existing Right of Way along Ocean Street is considered the subdivision boundary along the street frontage. 2. Clarify the size of storm drain (proposed) facility near the southeast property corner. If this is a public storm dr;;~in clarify how this facility can be repaired or replaced with the proposed retaining walls and structures so close. If public, revise the TM to depict a proposed 15-ft wide easement over the existing facility. Is the adjacent property owner agreeable to the proposed alignment? Will they grant an easement? Do you have anything in writing (from neighbor) to support this alignment? 3. Revise the water quality technical report to include calculations that demonstrate the water treatment controls meet numeric sizing criteria. Choose either flow- based or volume-based criteria. 4. Provide a letter from SDG&E stating they do not object to this project, considering they have existing easements encumbering the property. 5. Revise the TM to depict a proposed 20-ft wide public waterline easement that encompasses the proposed onsite waterline. Backflow preventers, detector check valves and other appurtenances are adjacent to the public easement and meter (public). 6. Provide a letter from the trash company stating they will be able to access and serve this project. 7. 8. 9. 10. Revise the TM to add a note indicating: "No Parking anytime" signs will be posted along all internal drive aisles. Provide a copy of certificate of compliance recorded as doc 75-342059 as listed in the preliminary title report. On sheet 1 of the TM dimension the bio-swale on the proposed typical section of the private driveway. (see notes on sheet 1 and sheet 2). Revise sheet 2 of the TM to clarify the height and type of existing fence along the westerly property line. Revise the TM to clarify if a safety fence is prudent along the high portions of the retaining wall. Without protection, adjacent property owners/tenants may have a potential to fall 1O-ft+ down the retaining wall onto the site. Please address. A cross section depicting the greatest height (varies _ft. to _ft.) would be helpful (see notes on sheet 6). Revise TM to add light shading to all proposed driveway paving. Show concrete edge or cross gutter where polypropylene pavers are proposed. A detail of this CT 05-12/CP 05-11/HDP lo7/CDP 05-28/SDP 06-10-OCEAN ~EET RESIDENCES July 28, 2006 Pa e 3 I- C. Dimension the length of the one space near the southwest side of the parking Jot d. Show dimensions for the guest parking spaces along the north portion of the site_ Please designate all spaces that are reserved for guests on sheet 3 of the Engineer's Plans. e. Please note that the new PD Ordinance revisions, if approved, would reduce the guest parking requirements for the project to 9 spaces. 4. Please note that the setback to multi-family residential structures is 15 feet to the structure. Please show required-and proposed setbacks on the site information sheet 5. Sheet A1: a. The unit storage space needs to be expressed in "cubic feet"_ Per the PD ordinance, 392 cf is required per unit if located in one area, or 480 cf of storage space per unit is required if provided in multiple areas. b. The "General Information" shows 10 tandem spaces, however the "Parking Proposed" indicates 10 tandem spaces. (Please check with information shown on the engineer's cover sheet) 6. Please delete the "Design Submittal" information on the cover sheet 7. Please indicate the height of the buildings for the "Lagoon Flats" on sheet A3. 8. The fitness center is shown as 1,425 sf on sheet A6.1, but sheet A 1 shows the clubhouse as 1, 750 sf. Both of these numbers are different than the net and gross area calculations on sheet A6. Please resolve these discrepancies. 9. Landscape Plans a. Comments from the City's Landscape Consultant will be forwarded to you under separate cover. b. The retaining wall near the northerly property line is not shown on the landscape plans. (see Engineeer's plans) c. Show the location of the fencing around the private yard areas and provide a detail or call out the height and material. The total height for fencing (including retaining walls) within the front yard setback (15 feet) may not exceed 42 inches. Therefore, any fencing proposed beyond the 30-inch retaining wall would only be permitted a height of 12 inches, unless it is set back further than 15 feet from the front property line~ Please provide dimensions and locations of fencing so that your development proposal can be analyzed for consistency with the development standards. d. Staff still has concerns about the proposal for owner installed and maintained landscaping in the private yard areas facing the street These entries will be shared by two units, so the idea that this is a private space is questionable. The aesthetics of individuals is highly variable and there certainly is the potential for diversity in both planting and maintenance in the front yard areas. Staff sees this as a potential area for many future complaints between neighbors, and depending on the planting and maintenance, it would have the potential to detract from the public street view of the project. Staff would recommend that these area be planted and maintained by the HOA. Engineering: 4tck Henthorn & Associate June 9, 2006 Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 :'t ,..f'l!"~ tl'" ; 1 ·.-( ' ".· . BlseAO C\\'l o:,~~ oEPI p\.A~'' RECEIVED JU~l 1 S 2006 CITY OF CARLSBAD PLANNING DEPT Subject: Ocean Street Residences-Resubmittal Package for CT 05-12/CP 05-11/HDP 05-07/CDP 05-28 Dear Ms. Kennedy: Enclosed is the re-submittal package for the Ocean Street Residences project. The project has been revised to reflect the incomplete items and issues of concern identified in the City's letter dated July 8, 2005. Each of the items contained in the letter are addressed below: PLANNING: INCOMPLETE ITEMS 1. Enclosed within the resubmittal package is the Biological Resources Technical Report for the Ocean Street Property, prepared by Dudek & Associates dated November 2005. The report concluded that no sensitive plant or wildlife species were detected on the property and due to the extent of development present on the site none are expected to occur in the future. 2. The requested exhibit illustrating the relationship of the proposed project to the mean high water level offsite has been included in the aforementioned biological technical report. As shown in Figure 3 of the enclosed report, the mean high water line (wetlands) was determined to be located 120 feet offsite from the northwest corner of the property. Therefore no additional buffer area is required for wetlands pursuant to the Habitat Management Plan. 3. Enclosed with the resubmittal package is a notarized letter from the property owner stating that the existing units are not occupied by persons or families with low or moderate incomes. 4. The project applicant has secured an offsite apartment complex to be utilized as an off-site combined affordable housing project in order to satisfy the project's inclusionary housing requirement. Enclosed within the resubmittal package are the appropriate land use applications for a site development plan as required for the property. The offsite property is located at 3366 Roosevelt Street and currently includes ten one-bedroom units. Since the proposed site contains ten existing units and the inclusionary housing requirement for the Ocean Street Residences is only six affordable units, the remaining four units are proposed as market-rate units. As part -1- • • of the application, the applicant is proposing a number of interior and exterior improvements to the existing property that include the following: Interior: Carpet in living rooms and bedrooms Ceramic tile in bathroom and kitchen Fridge, stove and dishwasher Kitchen and bathroom fixtures Ceiling Fans in Bedrooms Bathroom Mirrors Window Coverings Paint Toilet Exterior: Roofs Paint Front Doors Perimeter Fencing Landscaping Signage 5. Noted. Since the project is exempt from a Hillside Development Permit as stated, the applicant will be requesting a reimbursement of all/partial of the initial submittal fee for the permit. 6. Enclosed please find the letter from Coast Waste Management dated October 6, 2005 that states they can readily handle the solid waste disposal and recycling requirements for the project in the manner we are proposing. It also states that the HOA will be responsible to have the trash and recyclable materials delivered to a readily accessible enclosure at either the main area or at the bottom of the access drive. ENGINEERING: INCOMPLETE ITEMS 1. The tentative map has been revised to depict and callout the subdivision boundary as requested. All of the property boundary information has also been included on all sheets of the tentative map. 2. The existing storm drain near the southeast corner of the property is proposed to be relocated and will include a new easement as depicted on the enclosed tentative map. 3. The water quality technical report has been revised to include calculations that demonstrate the water treatment controls meeting the numeric sizing criteria. Please refer to the enclosed report for details. 4. Sheet 5, Utility Plan, of the enclosed tentative map illustrates how each unit will be individually metered for potable water and irrigation meters. 5. Enclosed please find the letter from SDG&E dated December 5, 2005 addressing the project and that they have no objections to the proposed development. 6. The enclosed tentative map has been revised to include a 20 foot public waterline easement for the proposed on-site waterline as requested. -2- • • PLANNING: ISSUES OF CONCERN 1. The Section VIII (k) under Drainage and Hydrology of the EIA part 1 has been updated to reflect the conclusions found within the Geotechnical Study fi:om No Impact to Less than Significant. Please find the updated form enclosed within the resubmittal package. 2. The location of Building 7, above the Garage entrance, has been revised to include separation between the garage entrance and the building face, as shown on Section 5 on Sheet AS included within the architecture plans. The revision provides additional yard area for the proposed units within Building 7 and provides relief by separating the building planes. Please refer to the enclosed architecture plans for details. 3. The plans have been revised as follows: a. The storage areas associated with the RV requirements of the PO ordinance have been included within the underground garage. These areas have been provided throughout the garage adjacent to the individual storage areas as well as one large storage area for the oversized equipment such as surf boards or kayaks. The applicant and architect did analyze utilizing the tandem spaces, but given the limited area for parking the additional tandem spaces provide add a great economic benefit to the project. b. The storage spaces proposed for each unit have been revised to be separated for individual use. Please refer to the 'Typical Storage Detail' enclosed on the architecture plans. c. The site plan has been revised to include a minimum 10 foot side yard setback fi:om the private driveway to the proposed residences. 4. The engineering plans have been revised as follows: a. Sheet 1: 1) The square footage shown for the recreation storage area has been revised to be consistent with the actual square footage shown on the plans and that is called out on the architecture plans. 2) The maximum building height note within the project data has been revised to indicate the maximum height of 30 feet as described within the Beach Overlay Zone. 3) The grading volumes for cut and fill have been included on the title sheet pursuant to the Hillside Development ordinance. 4) The net area of the site has been included on the title sheet as requested exclusive of the street right-of-way. -3- • • 5) The project density based on the net developable area (project site minus the existing right-of-way) has been included on the enclosed tentative map. b. Sheet 2: 1) The dimension from the right-of-way to the proposed three foot garden wall is shown on the enclosed plan as requested. 2) The site plan has been revised to include a minimum 10 foot side yard setback from the private driveway to the proposed residences. 3) The existing wall along the western property line is an existing freestanding perimeter wall for the adjacent development. All of the plan sets have been revised for consistency. c. Sheet 6: 1) The section has been revised to callout the proposed 'polypropylene grass road pavers'. The fire department was not supportive of the Geoblock due to the location of the project near the coast and corrosion potential of the concrete. Therefore we are proposing an alternative material of polypropylene that will be resistive of the coastal elements. Enclosed with the resubmittal package is brochure of the proposed material. 2) The sections provided on Sheet 6 have been revised to include the dimensions of the proposed residences to the edge of curb. 3) The sections were revised to include any proposed retaining walls and guardrails where they were needed. 5. Architecture Plans: a. The second APN has been included on the cover sheet along with the net density as shown on the engineer's plans. b. The square footages for the recreation storage space as well as the private storage spaces have been revised to be consistent with the spaces shown on the site plan. Please refer to the enclosed architecture plans, Sheet Al, for details. c. Sheet A2: 1) The setback and property line has been revised to be consistent with the engineer's plan sets. The front yard setback has been revised to eliminate the 28 foot setback and correctly illustrate the 20 foot setback from the existing right-of-way/street easement. -4- ., • • 2) The buildings near the northeast corner of the property have been evaluated and revised where necessary to ensure compliance with the 20 foot rear yard setback. d. SheetA2.1: 1) All of the parking spaces that are adjacent to walls have been revised to have a minimum width of 10'. 2) Those spaces that are adjacent to the support columns have been revised to ensure that those columns are outside of the minimum dimensions for the parking space. 3) The visitor spaces have been indicated on the enclosed sheet with a callout. Please refer to the plan sheet for exact locations. 4) The on-grade parking spaces meet the minimum requirements of the City's parking ordinance. The project is also requesting that a rwo foot overhang be approved pursuant to Section 21.44.050.a.l. e. Sheet A2.2 and 2.3: 1) The storage space required by the PO ordinance has been revised to be separated for the individual homeowners. Please refer to the typical storage detail located on the plan sheets. 2) The RV storage has been modified as indicated above. Please refer to the plan sheets for specific details. f. Sheet A.4: 1) The location of Building 7, above the Garage entrance, has been revised to include separation between the garage entrance and the building face, as shown on Section 5 on Sheet AS included within the architecture plans. The revision provides additional yard area for the proposed units within Building 7 and provides relief by separating the building planes. Please refer to the enclosed architecture plans for details. 2) The requested cross section along the entry drive has been provided within the enclosed plan set. This section also includes the proposed building height measured from finished grade. g. The building materials as proposed have been called out on the elevations as requested. h. The dimensions of all patios and balconies have been included on all of the floor plans as requested. i. The wine storage area has been removed from the clubhouse. -5- .. • • 6. Landscape Plan: a. Sheet Ll: 1) The type of enhanced paving has been specified on the landscape plans as stone paving around the entry area to the underground garage entrance and concrete pavers for the remaining private driveway area. These areas are defined on the enclosed landscape plans. 2) Note 8 has been revised to state '20' rear yard setback'. 3) The proposed entry/signage wall has been relocated outside of the public right-of-way and does not encroach into any required sight distance restricted areas. The detail for the entry/signage wall has been revised to include the proposed height. Note 2 7 has also been revised to include that the signs will be subject to a separate permit. 4) The stone privacy wall note has been revised to indicate a maximum height of 5 feet. 5) Notations have been added to the landscape and architect's plans for the materials of the proposed rear yard wall. 6) The retaining wall/garden wall is a maximum height of 30" and is consistently called out on the engineering plans. 7) The landscaping shown surrounding the garage entry has been revised to be consistent with the walls shown on the architect's plans. Please refer to the enclosed landscape plan for details. 8) We have evaluated incorporating shrubs instead of trees along the east property line and the landscape architect along with the applicant would prefer to leave the trees as proposed for additional screening from the views of the academy and the railroad to the east. b. The requested callout for the materials and finish of the retaining wall shown on Section E-E as well as on all of the exposed retaining walls for project have been included on the enclosed landscape plans. c. Sheet L4: 1) As mentioned above the height of the entry/signage walls and kiosk have been included for their respective details as requested. 2) A detail has been added to illustrate the walls around the units that back up to the proposed pool area. This barrier will be a minimum of 5 feet as required by code. d. A maintenance responsibility exhibit has been included within the conceptual landscape plan sets as required by the City's Landscape Manual. The landscape -6- . . • • architect and applicant have taken great care in defining those areas that will be privately maintained as opposed by those areas maintained by the project's HOA. e. There is no fencing proposed on top of the retaining wall within the front yard setback along Ocean Street. ENGINEERING: ISSUES OF CONCERN 1. The tentative map has been revised to include the application numbers in the upper right-hand corner of the plans as requested. 2. Enclosed please find the letter from Coast Waste Management dated October 6, 2005 that states they can readily handle the solid waste disposal and recycling requirements for the project in the manner we are proposing. It also states that the HOA will be responsible to have the trash and recyclable materials delivered to a readily accessible area at either the main entrance or at the bottom of the access drive. 3. Sheet 1 of the enclosed tentative map now includes the requested water quality note that describes the bmp treatment device chosen to filter pollutants before discharging from the project area. 4. The no parking note has been added to the tentative map for all internal driveways. 5. The condominium note on sheet 1 of the tentative map has been revised to include the maximum number of units proposed with the subject project. 6. A copy of the certificate of compliance, recorded as DOC 75-342059, as listed in the preliminary title report has been included within the resubmittal package. 7. A north arrow has been added to the index map on Sheet 1. 8. The typical section of the private driveway shown on Sheet 1 of the tentative map has been revised to depict the proposed bio-swale. 9. Additional notations have been included on Sheet 2 of the tentative map to clarify that the proposed on-site pump station is private, is for sewer purposes and will include a generator backup system as requested. 10. The tentative map has been revised to clarify that the wall along the westerly boundary line is a freestanding perimeter wall for the existing residences to the west. The tentative map has also been revised to indicate the locations of any safety rails along the proposed retaining walls that would be necessary. 11. Sheet 2 of the tentative map has been revised to include a callout for the swale-gard on the inlet per the water quality technical report. 12. Sheet 2 of the tentative map has also been revised to depict and callout the easterly adjacent driveway along Ocean Street as requested. 13. Light shading has been included on the enclosed tentative map for all proposed driveway paved areas. -7- ... • • 14. The proposed material for the fire department turnaround area has been indicated on the enclosed tentative map as requested. 15. BHA has researched the existing easement located at the southeastern property line, along with any available improvement plans for the area and have conducted several site investigations to determine the location of any existing utilities within the easement. They have concluded that no water utilities currently exist within the easement as described. 16. The requirement for a grading permit is noted and the appropriate condition of approval is acceptable. 1 7. The requirement for the improvement plans is noted and the appropriate condition of approval is acceptable. 18. The tentative map redlines are included with the resubmittal package as requested to facilitate continued staff review of the project. The project architect has also reviewed the recently approved policy by the Fire and Building Departments relating to the placement of storage areas within garages provided to us by the Planning Department. The proposed project does incorporate storage areas within the underground garage and will be subject to the requirements of the new policy for providing one- hour construction, metal door frame, metal door with a minimum sized window, etc. The project applicant is acceptable to these conditions for the storage areas located within the proposed underground garage. If you have any questions or need any additional information, please feel free to contact myself at (760) 438-4090 ext 104 or e-mail me at bennett(a!jhenthorn.com. Sincerely, encl. Resubmittal Package -Ocean Street Residences cc: Tim Clark, Prospect Point Development Clifford Chang, Chang Architecture Rod Bradley, BHA, Inc Mark Lenning, The Collaborative West file -8- JHNBDB/OCEAN ST-REsUBLTR ' ' July 8, 2005 • Cit Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 o__polt'ccurH--) • I fl~(.!?Cl up 7 ) 5)0S of Carlsbad SUBJECT: CT 05-12/CP 05-11/HDP 05-07/CDP 05-28-OCEAN STREET RESIDENCES Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Tentative Tract Map, Condominium Permit, Hillside Development Permit and Coastal Development Permit, applications no. CT 05-12/CP 05-11/HDP 05-07/CDP 05-28, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, June 10, 2005, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Barbara Kennedy, at (760) 602-4626, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, Qln DON NEU Assistant Planning Director DN:BK:bd c: Gary Barberio, Team Leader Jeremy Riddle, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) CT 05-12/CP 05-11/HDP 05,/CDP 05-28-OCEAN STREET RESINCES July 8, 2005 Pa e2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please submit a Preliminary Biological and Wildlife Assessment of the site prepared by a qualified biologist. Depending on the outcome of the preliminary study, a Biological Technical Report and General Wildlife Survey (including recommendations for additional studies and/or recommended mitigation measures) may be required if recommended by the project biologist. Although much of the site is developed with the existing apartment project and associated landscape areas, the primary area of concern is along the north property line where the development proposes to extend into a previously undeveloped area that is adjacent to the Buena Vista Lagoon. 2. An exhibit will need to be included showing the project in relationship to the mean high water level (wetlands). Please note that a 1 00-foot setback is required between wetlands or wetland vegetation and any proposed development (including grading). The project will be required to comply with all applicable requirements of the City's Habitat Management Plan, including "Additional Conservation Standards to be Applied to Properties in the Coastal Zone" (pg D-114). 3. You indicated in your letter that none of the existing units are occupied by persons or families with low or moderate income levels. Please provide documentation to verify this statement. Government Code section 65590 requires when existing units are demolished in the coastal zone that replacement dwelling units must be provided if the existing residences are occupied by persons and families of low or moderate income (as defined by Section 50093 of the California Health and Safety Code). The replacement housing requirement would be over and above the City's 15% inclusionary housing requirement for the project. 4. You indicated that the proposal will include either purchase of affordable housing credits or construction of an off-site "combined" affordable housing project in order to satisfy the City's 15% inclusionary housing requirement. Currently, there is not an affordable housing project in the northwest quadrant that is available for purchase of housing credits. Therefore, you will need to submit an SOP application for a "combined" affordable housing project. Please note that if an off-site affordable housing project is proposed, it will need to include a minimum of 6 affordable units. 5. Staff has determined that the project is exempt from a Hillside Development Permit per section 21.95.0402 which allows additional development on a single lot with manufactured slopes which were graded with a previously approved grading permit. However, the development must still comply with the provisions of Section 21.95.120. (The project appears to comply with these requirements.) 6. Please submit a letter from Coast Waste Management indicating that they can provide trash service to the project in the manner proposed. r r ~T 05-12/CP 05-11/HDP 0~7/CDP 05-28-OCEAN STREET RE,ENCES July 8, 2005 Pa e3 Engineering: 1. Revise the Tentative Map to depict and callout the subdivision boundary. Although the boundary information is reflected on sheet 7, the TM sheets should also show the property boundary information so staff can verify no conflicts. 2. Clarify the size, type and ownership of the existing storm drain facility near the southeast property corner. If this is a public storm drain clarify how this facility can be repaired or replaced with the proposed retaining walls and structures so close. If public, revise the TM to depict a proposed 15-ft wide easement over the existing facility. 3. Revise the water quality technical report to include calculations that demonstrate the water treatment controls meet numeric sizing criteria. Choose either flow-based or volume-based criteria. 4. Revise the TM to demonstrate how each unit will be individually metered for potable water, plus a service for irrigation. Master-metering of potable water is not permitted. 5. Provide a letter from SDG&E stating they do not object to this project, considering they have existing easements encumbering the property. 6. Revise the TM to depict a proposed 20-ft wide public waterline easement that encompasses the proposed onsite waterline. ISSUES OF CONCERN Planning: 1. The EIA part I indicates a "No Impact" in section VIII (k). However, the Geotechnical Study indicates that there is a moderate potential of tsunamis and seiches inundating the site. Please explain your "no impact" conclusion. 2. The building appears to exceed the 30-foot height limit near the underground parking garage entrance. The building height must be measured from finish grade. Even though the garage qualifies as a basement, exposed portions of the basement must be included in the building height (see definitions, CMC section 21.04.065 a(3)). Please show the building height, as measured from finish grade, on the West Garage Elevation, SheetA4. 3. Please revise the plans so that the proposal meets the following Planned Development Ordinance development standards: a. A total of 700 sf of RV storage is required. The Engineer's plans show that 400 sf is provided. The architect's plans show "Building Storage" area, but these spaces do not appear to be conducive to the storage of non-motorized recreational equipment, such as kayaks, surf boards, and/or bike storage as discussed in the preliminary review letter. You may want to explore providing the non-traditional "RV storage" within the tandem parking space areas, provided that there is a clear path to get non-motorized vehicles in and out of the storage spaces. b. Provide separate storage space for each unit. CT 05-12/CP 05-11/HDP 05,/CDP 05-28-OCEAN STREET RES,NCES July 8, 2005 Pa e4 c. A 1 0-foot side setback must be provided from the edge of the project driveway to the residences. 4. Engineer's Plans: a. Sheet 1: 1) Please revise the sf of recreation storage area on the front sheet to correspond with the Architect's plans (which also need to be revised). 2) Please revise the building height to 30 feet. The site is located in the Beach Area Overlay Zone, which has a maximum building height of 30 feet, not 35 feet. 3) Include grading volumes, pursuant to Hillside Ordinance requirements. 4) Show the net area of the site, exclusive of the street right of way. 5) Include the project density based on net developable area (excluding street r.o.w.). b. Sheet 2: 1) Show the dimension from r.o.w. to the three foot garden wall. 2) Show a 10 foot setback from edge of driveway to the residences (per PO ordinance requirements). 3) Label the existing wall on the west property line. The landscape plans note this as a retaining wall. Your section shows it as a freestanding wall. Please provide consistency between plans. c. Sheet 6: 1) Revise the sections to call out the "Geoblock" which is located on the east side of the driveway. 2) The sections need to include a minimum distance from edge of curb to the residences. 3) On the sections which include retaining walls, show guardrails where needed. 5. Architect's Plans: a. Cover sheet: Add the second APN to the front sheet of the plans and show the net density (Per Engineer's plan). b. Sheet A1: Show the square footage of recreational vehicle storage space provided. Also, separate private storage space needs to be shown for each unit. This cannot be combined with RV storage. Check your sheet references under "Space Proposed". (See comments under item# 3 a. above) c. SheetA2: 1) Show the setback and property line as illustrated on the Engineer's plans. From curb, there is a 5' sidewalk and 8' street easement. The 20' setback needs to be measured from the back of the street easement line (r.o.w.). Delete references to a 28' setback. 2) Sheet A2: Several areas of the building near the northeast corner appear to extend past the 20' rear setback line. Please adjust as necessary. d. Sheet A2.1: Please redesign the parking plan as follows: 1) A number of the parking spaces adjacent to walls will need to be redesigned so that the width is increased to 10 feet wide. ~T 05-12/CP 05-11/HDP 0~7/CDP 05-28-OCEAN STREET RE~ENCES July 8, 2005 Pa e 5 2) Parking spaces need to be relocated so that support columns do not encroach into the required dimensions. 3) Please indicate which spaces will be reserved for guests. 4) The on-grade parking spaces need a minimum length of 20 feet if the width is 8.5 feet (A total of 170 sf is required). e. Sheet A2.2 and 2.3: 1) A separately enclosed storage space of 392 cubic feet (or 480 cubic feet, if located in separate areas) must be provided for each individual unit. 2) A total of 700 sf of RV storage is required. Please see comments under Item #3 above. f. Sheet A4: 1) See comment #2 above regarding building height. 2) Include a cross-section along the entry drive (similar to the landscape plan section A-A). Please dimension the height of the building from grade. It appears that the building may exceed the height limit. Also, please ensure that the landscape section A-A is drawn correctly. g. Please call out the building materials on the elevations. h. Floor Plans: Please provide dimensions for all patios (10' x 10' min) and balconies (6' x 1 0' min.). i. Sheet A6.1: Wine storage does not qualify for inclusion in the "active recreation" requirement. Please modify the use or adjust the square footages shown in your summary tables. · 6. Landscape Plan: a. Sheet L1: 1) Please specify the type of "enhanced paving" that is proposed in the driveway. 2) 3) 4) 5) 6) 7) 8) Note 8 should be revised to state "20' rear yard setback". The entry/signage wall needs to be located outside of the public right-of- way and must be located outside of any required sight distance triangle. Please specify the height of the entry/sign walls. Note 27 should specify that "signs are by separate permit". Please also modify the enlarged Entry Court detail on sheet L4. Please note that the stone privacy wall is 5 feet high (Note 29). Specify the materials/finish for the rear yard wall. It is not specified on the Architect's plans (as stated). The retaining wall along the front of the property is shown as 3' on the Engineer's plans and 30" on the landscape plans. Please provide a consistent height. Check the planting on both sides of the entrance to the parking garage. The architect's plans appear to show retaining walls. Please reflect these on your plans. Consider using shrubs, rather than trees along the east property line to preserve the neighbors views towards the lagoon. CT 05-12/CP 05-11/HDP 05,7/CDP 05-28-OCEAN STREET RES,ENCES July 8, 2005 Pa e6 b. Sheet L3: Provide a call-out for the material/finish on the retaining wall shown in Section E-E, and on the exposed retaining walls along the driveway, on the east side, and along the street frontage. c. Sheet L4: 1) Show the height of the signage walls and kiosk. 2) Provide a detail for the walls around the units that back up to the pool area. A minimum 5-foot high fence or wall will need to be provided between the residences and the pool area. d. A separate exhibit will be needed to show the maintenance responsibility areas. Staff recommends that you reconsider designating the entry areas as "owner maintained". Because the residents of adjoining units will use these areas jointly, it may be difficult to establish the maintenance boundaries for plants as well as the flatwork. e. The combination of retaining wall and fencing within the front yard setback exceeds the 42" height limit. The retaining wall is 3 feet high and the additional fencing in the front "yard" will exceed the height limit allowed for fencing. Engineering: 1. Revise the TM to include the application numbers in the upper right-hand corner of the exhibits. 2. Provide a letter from the trash company stating they will be able to access and serve this project. 3. Revise the TM to include a water quality note on sheet 1 that describes the bmp treatment device chosen to filter pollutants before discharge from the project. 4. Revise the TM to add a note indicating: "No Parking Anytime" signs will be posted along all internal drive aisles. 5. Revise the TM to describe the maximum number of units proposed under the condominium note on sheet 1. 6. Provide a copy of certificate of compliance recorded as doc 75-342059 as listed in the preliminary title report. 7. Add a north arrow to the index map on sheet 1. 8. On sheet 1 of the TM depict the bio-swale on the proposed typical section of the private driveway. 9. On sheet 2 of the TM, add notes to clarify the proposed onsite pump station is private, is for sewer purposes, and will include a generator backup system. 10. Revise sheet 2 of the TM to clarify the height and type of existing fence along the westerly property line. Revise the TM to clarify if a safety fence is prudent along the high portions of the retaining wall. Without protection, adjacent property owners/tenants may have a potential to fall 1O-ft+ down the retaining wall onto the site. Please address. ~T 05-12/CP 05-11/HDP 05,/CDP 05-28-OCEAN STREET RES,NCES July 8, 2005 Pa e7 11. Revise sheet 2 of the TM to callout the swale-gard on the inlet per the water quality technical report. 12. Revise sheet 2 of the TM to depict and callout the easterly adjacent driveway along Ocean Street. 13. Revise TM to add light shading to all proposed driveway paving. 14. Revise sheet 2 of the TM to callout the material of the proposed fire department turnaround. 15. Sheet 7 of the TM indicates an existing water easement granted to Carlsbad (near the southeast property corner), but the TM does not indicate the existence of utilities. Please address this discrepancy. 16. FYI: This project will require a grading permit and will be conditioned to obtain one. 17. FYI: This project will require the preparation and processing of an improvement plan for the proposed public waterline and other associated improvements in the right-of-way. 18. Revise the TM to address all redline comments as noted on the returned plans. This check print must be returned with the revised plans to facilitate continued staff review. If you have any questions regarding the Engineering comments, please call Jeremy Riddle at 602-2737. Fire: 1. No comments or conditions at this time. • June 3, 2005 Community Development City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 'ck Henthorn & AssociaA 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 Subject: Ocean Street Residences-Tentative Map Submittal Package Dear Planner/Engineer: The enclosed materials are submitted on behalf of 2303 Investors, L.P. requesting approval for a tentative map, condominium permit, hillside development permit and coastal development permit that would permit a multi-family condominium project proposed for development at 2303 Ocean Street (APN 203-010-12 & 15). The subject site is located in the northwest quadrant of the City, north of Ocean Street, west of the AT &SF Railroad, south of the Buena Vista Lagoon and east of the Rue Des Chateaux development. The site is designated by the General Plan for RMH density development (8-15 du/ac with a growth control point of 11.5 du/ac) and zoned R-3 (Multi- Family Residential) with a Beach Area Overlay (BAO) designation. The parcels surrounding the subject site are designated RMH with the exception of the parcels located immediately north that are designated as General Plan Open Space. The existing surrounding residential development includes detached single-family dwelling units on 2,500 to 5,000 square foot lots to the south and southeast, and semi-attached condominium units to the west. The subject site contains 3.05 acres and is currently developed with 50 apartments units in three separate buildings that were built in the mid-1960s. Access to the existing apartments is provided from Ocean Street via residential driveways located at each end of the development. Elevations on the site range from 43 as! adjacent to Ocean Street, to 11 as! along the lagoon side of the property (northern property line). The proposed project was previously evaluated by the City of Carlsbad through the preliminary review application process as PRE 05-14. Conceptually, the proposed project is consistent with the earlier design and incorporates modifications made specifically to address the City's comments. The design had been formulated with the goal of providing see-through lagoon view opportunities from Ocean Street. The project is designed to enhance the street scene and provide a feeling of cohesiveness with the single-family nature of the surrounding community. The elevation difference across the site provided opportunities to create several view corridors to the lagoon between the proposed buildings. The buildings have been designed to be compatible with the look and feel of the single-family homes along the Ocean Street frontage. By utilizing the site's elevation difference, the peaks of the roofs for the second tier of units proposed by the project are below the pad elevations of those units proposed along Ocean Street. t The project -1- • • edges will be the only part of the second tier of units that will be visible from the public right-of- way. As a part of the City's preliminary review process, the City issued a comment letter dated March 8, 2005 that included a list issues for PRE 05-14. Each of the items contained in the letter are addressed below: Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Plan: RMH, 8-15 units/ac. Growth Control Point of 11.5 units/ac. b. Zoning: R-3 with Beach Area Overlay Zone (BAOZ) c. The property is located within the appeal area of the Mello II Segment of the City's Local Coastal program. The coastal land use designation and zone are the same as the General Plan and zoning above. The proposed project is consistent with the policies and programs of the General Plan. The RMH designation allows the development of multi-family residential units at a density of 8-15 dwelling units per acre with a growth control point of 11.5 units per acre. Based on the property's acre and the growth control point a maximum of 35.1 dwelling units are allowed (3.05 ac x 11.5 du/ac = 35.1 du). The enclosed proposal is for 35 condominium units. 2. The project requires the following permits: a. Tentative Tract Map b. Condominium Permit c. Site Development Plan (for affordable housing component) d. Hillside Development Permit e. Coastal Development Permit The enclosed applications include a Tentative Tract Map, Condominium Permit, Hillside Development Permit and a Coastal Development Permit. We have not included a site development plan application because we are proposing to meet the inclusionary housing requirement for the project off-site by either purchasing credits at an existing site or by developing a combination project in the vicinity. 3. The following additional technical reports will be required with future submittal of the development proposal: a. Acoustical Analysis b. Railroad Vibration Analysis c. Biological Technical Report and General Wildlife Survey (including recommendations for additional studies and/or recommended mitigation measures, if required). Please note that a 1 00-foot setback is required between wetlands or wetland vegetation and any proposed development (including grading). An exhibit will need w be included showing the project in relationship w the mean high water level (wetlands) . The project will be required w comply with all applicable requirements of the City's Habitat Management Plan. d. Please submit a Cultural Resources Survey for the site. -2- r-----------• • Enclosed with the resubmittal package are an Acoustical and Ground Vibration Site Assessment prepared by Investigative Sciences, an Archeological Resources Study prepared by Affinis, and a Traffic Generation Letter Report prepared by LOS Engineering. Due to the developed condition of the site and ornamental plantings found throughout the property, we have not included a Biological Technical Report. The development envelop is limited to the footprint of the existing developed portion of the site. Government Code section 65590 requires when existing units are demolished in the coastal zone that replacement dwelling units must be provided if the existing residences are occupied by persons and families of low or moderate income (as defined by Section 50093 of the California Health and Safety Code). The replacement housing requirement would be over and above the City's 15% inclusionary housing requirement for the project. None of the 50 existing apartment units are occupied by persons and/or families of low or moderate incomes, nor are the rental rates within published affordable ranges . 5. You will need to demonstrate how the project proposes to satisfy the City's 15% inclusionary housing requirement. The project is proposing to satisfy the City's 15% inclusionary housing requirement off· site. This will be accomplished by either purchasing credits at an existing site or by developing a combination project in the vicinity. Please submit a constraints analysis map, as required by the Hillside Development Permit. Slopes with an inclination of greater than 40% shall be excluded from density calculations. Consistent with the Land Use Element of the General Plan, except as permitted pursuant to Section 21.95.120(B), only 50% of the area for slopes with an inclination of 25 to 40% may be included in the density calculations. As stated on the checklist for the tentative map, a constraints map is not required for previously graded sites. We have not included a constraints map with the submittal package. 7. The project must be designed to achieve at least the minimum density in the density range of 8 to 15 dwelling units per acre for the RMH land use designation and should be designed at the growth management control point of 11.5 dwelling units per acre. As mentioned above the proposed number of units for the project is 35 units and calculates at a density of 11.5 dwelling units per acre, which is consistent with the growth control point for the RMH land use designation. 8. The project will need to comply with all applicable requirements of the Coastal Resource Protection overlay zone. The proposed project is consistent with the development standards for the Coastal Resource Protection Overlay Zone, Section 21.203.040 of the Carlsbad Municipal Code. Enclosed with the submittal package is a Water Quality and Technical Report that describes the permanent storm water best management practices that will be incorporated -3- • • in the project to mitigate the impacts of urban runoff associated with the proposed development to ensure the integrity of the Buena Vista Lagoon. 9. The project will need to comply with all requirements of the Planned Development Ordinance (CMC Section 21.45). Preliminary review of the plans shows non-compliance or insufficient information in the following areas: a. Visitor Parking. Although tandem spaces are allowed for visitor parking in the BAOZ, the more restrictive standards of the PD ordinance would apply to the project. Please note that 25% (per PD ordinance) of the visitor spaces may be compact size spaces. The total number of visitor parking spaces that are required for the project is 12 spaces. The proposed project is providing 12 parking spaces throughout the project, 3 of which are proposed as compact spaces. The tandem spaces proposed are additional spaces and are not included in the total spaces needed to meet the minimum requirements for the project. b. Please provide calculations showing the project's compliance with the requirements for community recreation space and private recreation space. The project is required to provide 7,000 square feet of community recreation space (200 sf/unit x 35 units = 7,000 sf). Per Section 21.45.060 of the Carlsbad Municipal Code (C.M.C.), projects with more than 25 units shall provide both passive and active recreational facilities with a minimum of 7 5% of the area allocated for active facilities or 5,250 square feet. The project is proposing a pool and spa area that totals 4,033 square feet. The project is also proposing an indoor clubhouse area that is a total of 1,9~5 square feet. The PD ordinance allows a credit for indoor recreation facilities of up to 25% of the required community recreation area or 1, 7 50 square feet. Therefore the total active recreational space for the project is 5, 783 square feet. This is 533 square feet over the minimum required. The remaining 1,217 square feet of required common passive recreational space is made up of a fire-pit area (234 sf), barbeque area ( 490 sf) and an overlook seating area (625 sf) that total 1,349 square feet. As proposed, the project exceeds the minimum required square footage for community recreation space. Private recreation space for the project is satisfied by each unit either having a minimum 10'x10' patio area or a minimum 6'x10' balcony area, dependent upon whether the unit is a ground level or a second story unit. c. Recreational vehicle storage will be required for the project. We can discuss taking a more creative approach to this requirement and discuss an option to provide storage for non-motorized recreational equipment (for example kayak, surfboard, or bicycle storage) as opposed to traditional motorized recreational vehicles. " Due to the limited space on the property and the elevation difference across the site, a traditional RV storage area would not be feasible or desirable for the property. It is our proposal to combine the storage space requirements for the project and provide larger areas within the underground garage for non-motorized recreational equipment as suggested by staff. d. The project will need to demonstrate compliance with the Storage Space requirements. Storage space for the project is proposed within the underground garage area as well as specified areas located within the entry courtyards of the lagoon level -4- • • units. I 0. Explore prooiding a second access point to the underground parking garage from the private road on the east side of the project. The project engineer did evaluate the possibility of providing a secondary access for the underground garage along the east side of the project. The grade differential to provide the secondary access is too great and would require the use of additional retaining walls and extensive modifications to the existing driveway. The grading and improvements necessary to provide the connection would make the access unusable during construction, eliminating the only access point for the private residence located to the north. In addition, the gate for the private residence would need to be relocated further back from the public right-of-way causing the necessity for a turnaround area. Due to the adjacent topography this approach would not be feasible. II. The retaining walls needed to develop the site are excessive and should be reduced in height where possible. In order to approve retaining walls ooer 6 feet high, you will need to show how the project could be developed if maximum 6-foot high walls were used. Staff may consider allowing over-height walls if they are shown to be necessary to achieve the allowed project density and if the walls can be designed to be aesthetically pleasing and natural appearing. In this instance, you may want to consider using a retaining wall with a faqade that has the appearance of a coastal bluff face. The project was redesigned to limit the number of retaining walls in excess of 6' to an absolute minimum. However, in limited instances the walls do exceed 6' in height in two areas within the proposed project along the eastern and western property boundaries. As outlined below if the walls were reduced to a maximum height of 6 feet, two to three buildings would be in jeopardy causing the project yield to be reduced by 4 to 6 units. The retaining walls that are exposed to view will be constructed with a decorative finish as recommended by staff. The design along the eastern property line was revised to utilize multiple walls that would provide areas for additional landscaping. If these walls were limited to 6 feet in height, the underground garage area would need to be reduced for the additional slope area. In addition to the reduction in the garage area, at least one building, or two units, along the eastern boundary would be eliminated. The second area where the wall heights exceed the 6-foot maximum is along the western property line adjacent to the access driveway. If the wall were reduced to 6 feet in height the underground garage would need to be reduced at its entry to accommodate the realignment of the driveway as well as the elimination of one building and possibly a second. I2. Staff will need to review the building height in more detail. It currently appears that the rear portions of units I through 6 do not meet the 30-foot height limit. At the rear of the structure, building height will need to be measured from top of roof to finish grade, which appears to be at the garage FF elevation. The underground garage is proposed as a basement and per definition would be excluded -5- • • in the building height calculation. Included in the architectural plan set are the necessary calculations demonstrating that the underground garage meets the requirements for the definition of a basement as defined by Section 21.04.045 of Carlsbad Municipal Code. Special provisions were made during the design of the units so that at all points within each building do 1 not exceed the 30 foot maximum height limit. I 3. Staff recommends eliminating the fencing around the units facing Ocean Street so that the landscape design along the street has a consistent look and so that the project has a more open feel to it. Open expanses of turf could also be used along Ocean Street (between the units) to create a more open appearance. The proposed fencing in the front yard of the units along Ocean Street delineates the private front yards of the 1" floor units within Buildings 1 through 7. The fence is proposed to be a 42" decorative front yard fence as indicated on the enclosed landscape plans. 14. The future landscape submittal should include a fencing plan around the pool and Jacuzzi area. The enclosed landscape plans have included a tubular steel pool fence around the pool and spa area. All access points to the area are proposed through gates and will meet the requirements of the building code. 15. Please verify that the lot cooerage calculations include the area cooered by the front porch. The area covered by the front porches of the units along Ocean Street are included in the lot coverage calculations by default because the perimeter of the underground garage is greater than the footprint of the units above. Per Section 21.04.061 of the C.M.C., building coverage includes the perimeter area of a basement, or in this case an underground parking garage. 16. The underground parking garage will need to be redesigned to eliminate the tandem parking spaces and will need to be designed to insure that an adequate turning radius is prooided along the drive aisles. Please note that an additional 2 feet of width will be required for parking spaces that are adjacent to a wall. We have retained ten of the tandem spaces within the parking garage. However, they are not used in meeting the minimum parking requirement for the project. The tandem spaces we will be assigned to the same resident using the front parking space to avoid any conflicts. 17. The future design of the buildings should consider window placement in order to maintain a sense of privacy between units. The design of the units considered the window placement for each room in order to maintain their privacy. The position of the units on the site was also taken into consideration during the design process . -6- • • 18. Please indicate if APN 203-010-15 is included as part of the project. APN 203-010-15 is included as part of the application and is indicated as such on the enclosed applications and tentative map. 19. The Project will be required to post "Project Site Notification Signs" in accordance with Planning Department Policy 3 7. Per the Planning Department Policy 3 7, the proposed project will post the site with the appropriate signage upon the City's determination that the enclosed applications are found complete. Engineering: 1. The project does not appear to incorporate measures to treat runoff nor reduce runoff rates to the maximum extent practicable. In order to comply with Carlsbad's Standard Urban Sto1"111water Management Plan (SUSMP), the applicant must prepare a Storm Water Management Plan (SWMP) to: a) Identify existing and post-development on-site pollutants-of-concern. b) Identify the hydrologic unit this Project contributes to and impaired water bodies that would be impacted by this Project. c) Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way, sensitive habitat or natural water course. d) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. e) Disclose methods that will ensure long-term maintenance of ail post construct BMPs in perpetuity. f) Provide hydraulic/hydrologic calculations to verify that numeric sizing criteria is met for filtration/treatment of the site. g) Identify how post-development runoff rates and velocities from the site wal not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Enclosed with the project submittal are two copies of the Water Quality Technical Report that addresses how the project will treat post-development runoff to the maximum extent practicable in compliance with the City of Carlsbad's Standard Urban Stormwater Management Plan. Included in the report are the on-site pollutants of concern, required calculations, proposed source and treatment controls, and the maintenance for those controls. -7- • • 2. Address how storm water will be collected and treated for the underground parking garage. The current plans do not indicate a collection/treatment system. This underground garage will be a source of oil, grease, hydrocarbons, brake dust, antifreeze, among other constituents as well. Where are the St11.1Ctural bmp's that will serve this underground area or provide verification the project bmp is sized to treat this area also via numeric sizing. The underground parking garage was designed so that no storm water will enter the structure. Any water that is generated within the parking garage will be collected in a drain system and then treated with an oil/water separator before it outlets into the sanitary sewer system. 3. It is our understanding the existing project is served via gravity for sewer (without the need for sewer pumps). Provide staff a sewer analysis that looks at other alternatives to provide gravity sewer for this project or consider redesigning the project. In general, staff does not support the concept of a private sewer pump that serves the lower level of the project. In the unfortunate event of private Pump failure, this may result in downstream contamination to the lagoon and the Pacific Ocean. If no other alternatives are found and the private sewer pump is pursued, the private sewer pump will require a standby generator for power supply during power outages. The pumps will inclttd<i a dual-pump design with the necessary alarms and the CC&R's shall include maintenance obligations and budget for this privately-owned and maintained system. A hold harmless agreement regarding the private sewer pump must be filed against the property holding the City harmless against damages resulting from this private sewer pump design. The project is proposing to utilize a sewer pump for the lower lagoon units. There are no feasible alternatives that would retain the lagoon units and allow the sewer to be a gravity flow system. The upper units, located in Buildings 1 through 7, will be served by gravity system through laterals to the existing sewer main in Ocean Street. The proposed sewer pump will include a standby generator and a dual-pump design with an alarm system as required. The CC&R's for the project will also include the maintenance obligations and budget for the pump system. 4. Clarify how the upper floor (44-45 feet) will sewer via gravity to Ocean Street. The entire project should not be directed to the private pump system if gravity can serve the level. The upper floor of units located within Buildings 1 through 7 will utilize a gravity flow sewer system via sewer laterals from the buildings to the existing sewer main within Ocean Street. 5. Secure Fire Department approval for the proposed gate at the entry. The applicant has had two meetings with the Fire Department to discuss their comments and resolution to their concerns. The last meeting held on April 26'h with Greg Ryan concluded that the Fire Department was satisfied with the modifications made to the plan and we had addressed their concerns stated within the response letter for the Preliminary Review Application (PRE 05-14). 6. Provide a vehicular tum-around(s) in the underground parking garage. Vehicular turnarounds are required on drive aisles exceeding 150-feet in length. Add driveway aisle widths along the parking garage. Show passenger car vehicle turning templates at each critical tum to verify cars will not conflict with each other as they maneuver through the compound turns in the underground parking garage and redesign to atldress issues. Provide typical dimensions for all -8- • • parking stalls. Parking stalls adjacent to solid walls on one side shall be no less than 10-feet wide. Stalls with walls on both sides shall be no less than 12-feet wide. The enclosed tentative map includes the vehicular turn-around templates throughout the driveway aisles within the underground parking garage. As shown, all of the turning movements can be accommodated with the current design and no conflicts occur through the compound turns. Also included on the tentative map are the typical dimensions for all of the parking stalls as requested. Where the parking spaces are adjacent to the interior walls on the garage, the minimum width of those spaces are 10.5 feet as shown on the enclosed plans. 7. Clarify how this project impacts the existing (storm drain) easement along the southeast property comer. Provide a copy of the easement document for staff review. Provide written approval from the easement holder stating that project does not interfere with the use of the easement. The project will not impact the existing storm drain or easement, which was granted to the City of Carlsbad, along the easterly property line. Please refer to the enclosed tentative map for details. 8. Revise the exhibits to callout what appear to be easement lines, along the southeast property comer, without callouts. Clarify if this project conflicts with existing easements of record. The lines that appear to be an easement along the southeast property corner were a portion of Ocean Street that was vacated by the City on July 19, 1963 per Resolution No. 918. The enclosed tentative map was revised to include the appropriate callout stating the vacation. 9. Provide details on the proposed Fire Department tum-around near the northerly property line. Will a fire engine have to drive over a curb to tum around? Show the inside and outside tracks that demonstrate how the fire engine will tum around. Will a fire engine be able to tum at the sharp (acute) angle at the northwest property comer? The enclosed tentative map includes the turning templates pursuant to CalTrans Figure 407E. The additional width of the driveways and the proposed turnaround areas will be constructed of a weatherproof geo-block and will be bounded by a 6" rolled curb. 10. It appears no additional dedication is necessary along the frontage of this project. Please note Ocean Street is designated as an alternative design street. Although there are no proposed modifications to the street as part of this project, keep in mind that modifications to the character of the street design are not permitted without completing the alternative street design process in accordance with City Council approvals. Provided this project does not change Ocean Street, this separate process will not apply. The project is not proposing any modifications to the portion of Ocean Street that is designated as an alternative design street. The proposed project intends to keep the existing character of the street design and avoid the alternative street design process in accordance with City Council approvals. -9- • • II. Are there existing water lines in Ocean Street? Complete utility research and show how this project will be served by potable water. Ocean Street does contain an existing 10" water main that will service the project with potable water. I2. Indicate how a truck (per Caltrans 407-E) with a 42-foot turning radius will circulate throughout the site. Show the inside and outside tire tracks. As mentioned above, the enclosed tentative map includes the truck turning template per CalT rans Figure 407-E. As depicted on the map there are no conflicts with the proposed driveway design and the movement of trucks meeting the 407-E criteria on-site. I3. Add a note to the plans that indicate the driveway is a designated fire lane and "no parking" signs shall be posted along the driveway. Per the Planned Development ordinance, no parking is permitted within the travel way. The proposed driveway will be posted with no parking signs and is stated as such on the enclosed plans. I4. Clarify how this project will address trash collection. Is a trash enclosure proposed? If a trash truck must enter the lower driveway via the gate, how will the trash truck tum around before exiting the site? Having the trash truck back up from the lower level onto Ocean Street will not be permitted. Trash collection for the project is proposed to be located at the main entrance for the project. Trash will be deposited in trash chutes located within the underground garage and on the first floor of the lagoon units. The on-site maintena~ce staff will collect the trash from the chutes on a regular schedule and deposit them into the main trash e bin located at the entrance of the underground garage. The maintenance staff will then transport the trash bins to the main entry of the project on the scheduled pick-up days so that trash trucks will not have to enter the lower driveway of the project. The applicant has successfully used this disposal type of service effectively in other projects with similar topographical constraints. I5. Specify the width of the driveway where the gate is proposed. This distance should be no less than 20-feet at the gate, but 24-feet elsewhere. The minimum width shown on the enclosed tentative map is 20 feet at the gate and a minimum 24 feet elsewhere throughout the project. I6. Provide a preliminary Geotechnical study that identifies feasibility and recommendations for the proposed development as it relates to the site. Address limits of remedial grading required, if any. The study should identify if excavations for the retaining wall (order of 10-feet +/-) along the westerly property line will impact stability of existing offsite adjacent structures or improvements. Enclosed with the submittal package is a geotechnical investigation prepared by GeoCon Inc. for the project. The report identifies the feasibility of the project and makes recommendations based on the proposed development and existing soils conditions. -10- • • 17. We understand the turf-block (or other Fire Department approved device) along the driveway will provide additional clear width for a fire engine as it approaches the lower (lagoon) level. Clarify if the turf-block (or other device) strip along 24-ft driveway could also serve as a water quality treatment measure or if storm water will not be directed to this area. If the driveway is too steep for this, consider additional vegetative treatment before discharge to the lagoon and other bmp structural devices to remove pollutants prior to discharge offsite. Refer to the SUSMP compliance requirement listed above. Enclosed with the submittal are two copies of the Water Quality Technical Report for the project that identifies the treatment controls for the runoff. The project is proposing to utilize a grass swale located along the northern boundary and filter combination to treat the discharge from the site. 18. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinklering, etc.). All proposed fire hydrants must be served by public water mains and easements per City (CMWD) Standards. The applicant has had two mee.tings with the Fire Department to discuss their comments and resolution to their concerns. The last meeting held on April 26'h with Greg Ryan concluded that the Fire Department was satisfied with the modifications made to the plan and we had address their concerns stated within the response letter for the Preliminary Review Application (PRE 05-14). The proposed project will include fire sprinklers in all of the units including the underground parking garage. Fire hydrants shown on the tentative map have been located per the Fire department's direction. 19. Revise the exhibits to depict the location of DDCVA (fire sprinkler service) connections and public waterlines, if required by the Fire Department. A public improvement plan will be required for the public waterline improvements and any other improvements proposed within City right-of-way or public easements. The DDCV A is proposed to be located at the project's main entrance for easy access per the Fire department's direction. Please refer to the enclosed tentative map for details. 20. Provide a preliminary hydrology study that identifies the pre/post development discharge flows and preliminary recommendations on the anticipated storm drain infrastructure required as part of the development. This project should include measures (site design or structural measures) to ensure no significant increases in runoff result from this project. Enclosed with the submittal package please find two copies of a preliminary hydrology study that identifies the pre and post development discharge flows along with recommendations on the anticipated storm drain infrastructure required as part of the development. Please refer to the enclosed reports for details. 21. Provide multiple cross-sections of the site to demonstrate differences in grade, especially as it relates to adjacent properties. The enclosed plan sets have included multiple cross-sections of the proposed site illustrating the existing condition with the adjacent properties. Please refer to the enclosed tentative map, building and conceptual landscape plans for details. -11- • • 22. Revise the exhibits w include water laterals and meters for each condominium unit. Master metering is not permitted. The project is proposing to include water meters for each condominium unit as directed. 23. Depict a preliminary alignment for water facilities (onsite) and all their appurtenances (mains, valves, fire hydrants, blow-offs, air-release valves, DDCVA, etc). The enclosed tentative map does include a preliminary alignment for the water service for the project. 24. Revise the plan w indicate the ADT (traffic), EDU's (sewer), GPM (potable water), and GPM (reclaimed water) generated or required by the proposed development. The plans have been revised to include all the necessary information required by the tentative map checklist. Please refer to the title sheet of the tentative map. 25. Indicate the volume of grading (cut, fill, import, export, remedial) proposed fO'J' the project in cubic yards. A grading permit is required as part of this project. The volume of grading proposed for the project is shown on the title sheet of the enclosed tentative map. The project is proposing 13,200 cubic yards of cut and 5,800 cubic yards of fill with 7,400 cubic yards being exported. The location of the site to receive the export has yet to be determined. If the site is ultimately located within the Coastal Zone, the CDP will be amended to include the fill site. 26. If slopes 0'1' grading is proposed off-site, a private slope easement must be obtained from the adjacent property owner. No off-site grading is proposed with the current design of the project. 2 7. Revise the plans w include a typical street section of Ocean Street that indicate existing improvements (pavement, curb, gutter, sidewalk, centerline, streetlights, fire hydrants, etc.). A typical street section of Ocean Street can be found on the title sheet of the enclosed tentative map. 28. A recent Preliminary Title Report (PR) issued within 6 months of formal application submittal will be required for the proposed project. Enclosed within the submittal package are two copies of the preliminary title report dated May6, 2005. 29. If there are existing easements that are not plotted on these plans, there may be significant changes w this proposed concept in order w avoid conflicts. All easements referred to within the preliminary title report have been plotted on the enclosed tentative map. All of the easements shown are called out as being either removed or relocated per the proposed project. Please refer to the enclosed tentative map for details. -12- • • 30. All easements and encumbrances as identified in Schedule "B" of the PR must be indicated on the site plan. The future disposition of any easements and encumbrances must also be identified. Please see No. 29 above. 31. The complete property boundary must be shown on the site plan, which must include all bearings distances, and curve data. The complete property boundary with all the bearings, distances and curve data are shown on the enclosed tentative map as requested. 32. Please be advised that in order to make a more in-depth review of the proposed development, a more complete design of the project is required. The enclosed plan sets have been revised to include additional detail to aid in the City's review of the project. 33. This preliminary review does not constitute a complete review of the proposed project and additional items of concern may be identified upon formal project application submittal. Noted. 34. A redlined check print is enclosed for your use in making the requested revisions. This check print slwuld be returned with the fonnal application submittal to facilitate continued staff revzew. Fire: The redlined check print is enclosed with the submittal package for continued staff review. 1. Driveway entrance does not conform to FD required access; revise aprons to accommodate 21' inside radius. The main driveway entrance has been revised to accommodate an inside radius of 21 feet. 2. The proposed entrance or access gate shall have to comply with Fire Department Access requirements. The minimum unobstructed clear width is 20 feet. The gate shall have installed Fire Department approved operating devices to include, an OPTICOM priority operating system and KNOX Key over-ride switch. The minimum proposed width at the access gate is 20 feet as permitted. The gate will have installed an OPTICOM priority operating system in addition to the KNOX key over-ride switch. 3. The access road grades are a concern; the length of the grade with intersecting accesses could present a challenge. In addition, the turning radii shall have to conform to Cal Trans template 407-E (42' R.) The proposed turnaround will also present a challenge in that Fire Department shall require an Engineers certificate that the proposed tum-around will support a vehicle of 72,000 pounds +. The enclosed tentative map includes a centerline profile of the proposed driveway from the main entrance to the fire access turnaround. The tentative map also includes the -13- • • turning templates per CalT rans Figure 407-E. 4. Fire department will not accept 'Turf Block' constructed of Portland cement in the coastal area where salt-water intrusion is a factor. There are other acceptable products that may provide the protections and requirements to have this feature considered. The project is proposing to install a weatherproof geo-block along the project driveway and in the proposed turnaround areas. 5. The issue of Fire Department access to Units 1, 15, 16, 17 and 18 shall present a challenge. Fire Code requires access within 150 linear feet of the nearest vehicular access, this measurement is taken from the centerline of the street or driveway to the Center-of the Rear-of the structure as an individual would pull a hose along a common path. As discussed in our meeting on April 26, the garage and storage areas are required to have a Fire Sprinkler System to meet NFP A l3 standards along with the units contained in Buildings 17 and 18. The remaining units will be required to meet NFPA l3R standards as required by the Fire Department. 6. The proposed common path (sidewalk) measures approximately 48 inches wide. This is acceptable for pedestrian but may not be atlequate for Fire Department and Emergency Medical Services access. The project has been revised to increase the yards around each of the units for Fire Department and Emergency Medical Services access. The additional area was acceptable per our meeting on April 26'h. 7. Fire Department operations and access requirements will dictate that a paved path or supporting feature be provided, extending 90 inches from building edge (wall). Our ladders will be ground set at 80 to 90 inches at the base from any wall fully extended (28 Feet). The project has been revised to increase the yards around each of the units as well as the sidewalks to a minimum width of 5 feet for Fire Department and Emergency Medical Services access. The additional area and sidewalk width were acceptable per our meeting on April26'h. 8. The proposed elevators are insufficient in size to be considered for Fire Department access or patient conveyance. CBC Chapter 30, Section 3003.5 .3a shall be the standard if these items are to be considered. Per our meeting on April 26, the elevators located within Buildings 1 through 7 are not required to be sized to meet CBC 3003.5.3a. Buildings 8 through 18 will be further evaluated during the formal application process to determine whether the elevators must be the sizing criteria per the code section listed above. -14- • • 9. The underground or sub-grade parking shall not be considered as part of the Fire Department access, unless however applicant can provide the minimum I 3'6" vertical clearance throughout. It shall however, be required to have installed an approved Automatic Fire Sprinkler system designed to NFPA 13 standards. This will include all accessory spaces, storage room, elevator equipment rooms and stair landings/foyers. As mentioned above, the garage and storage areas are required to have a Fire Sprinkler System to meet NFPA 13 standards per the Fire department meeting on April26'h. 10. Onsite Fire Hydrants shall be required each 300 linear feet from the nearest point of access along the vehicular route to a terminus. It would be suggested to start at the East edge of the Exit on the island, one to be placed at the Handicapped Parking stall near the pool and the last along Ocean St. near the east PL in front of unit one. The enclosed tentative map depicts the fire hydrants as required per our meeting on April 26,2005. We have included 5 sets of the tentative map, conceptual landscape plans and architecture plans for your review along with all the supporting documentation. This documentation includes all the required executed applications, updated preliminary title report, project description, location map, hydrology study, water qualiry technical report, preliminary soils investigation, vibration and acoustical site assessment report and environmental impact assessment form. If you have any questions or need any additional information, please feel free to call me or Bryan Bennett, the project manager, at (760) 438-4090. Sincerely, encl. Tentative Map Submittal Package cc: Tim Clark, Prospect Point Development Clifford Chang, Chang Architecture Rod Bradley, BHA, Inc Mark Lenning, The Collaborative West file -15- JHA/BB/Ocean St. -Subminal Letter