HomeMy WebLinkAboutGPA 96-01; Terraces at Sunny Creek; General Plan Amendment (GPA)cm' OF CARLSBAD
LAND USE REVIEW APPHC.\TION FOR PAGE 1 OF 2
APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT
USE ONLYI
(FOR DEPT
USE ONLY)
I I Master Pian
Q Specific Plan
I I Precise Development Plan
I I Tentative Tract Map
I I Planned Development Permit
I I Non-Residential Planned Development
I I Condominium Permit
I I Special Use Permit
I I Redevelopment Permit
I [ Tentative Paro^l Map
Obtain from Eng. Oepi
I I Administrative Variance
I I Administrative Permit - 2nd Dwelling Unit
[y| General Plan Amendment
[~~| Local Coastal Plan Amendment
I I Site Development Plan
fx] Zone Change
I I Conditional Use Permit
I I Hillside Development Permit
^[\ Environmenul Impact Assessment
[~| Variance
I I Planned Industrial Permit
[~~| Coastal Development Permit
I I Planning Commission Determination
I I List any other applications not specificed
Z) LOCATION OF PROJECT: ON THE eaist SIDE OF El Camino Real
BETWEEN
(NORTH. SOUTH EAST, WEST)
the future Colleg^ Av^^*^ Fctraday Ave.
(NAME OF STREET)
(NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:
(NAME OF STREET)
Parcels 1 - 10of Cr83-36 and portions of 209-060-59
4^ .ASSESSOR PARCEL NOfS).
5) LOCAL F.ACILITIES
MANAGEMENT ZONE
8) EXISTING ZONING
11) PROPOSED NUMBER OF
RESIDENTIAL UNITS
209-090-1,2,3,4,5,6,7,8,9,10 and portions of 209-06o]-59
Ts I 6) EXISTING GENERAL PLAN ^ 'j 7) PROPOSED GENERAL PLAN ["^|
^DESIGNATION " .^.^C^K, ».T.T^V,
°'^1^) PROPOSED ZONING
DESIGNATION
Rf)M j l^) GROSS SITE
^ ' ACREAGE
|40.5}a(
12) PROPOSED NUMBER
OF LOTS N/A 13) TYPE OF SUBDIVISION N/A
(RESIDENTIAL. COMMERCIAL .INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL
UNITS
_
15) PROPOSED INDUSTRIAL
OFFICE/SQUARE FOOTAGE
16) PROPOSED COMMERCIAL
SQUARE FOOTAGE
.VOTE: A PROFOSm TROJEECT REQUnOHG THAT MDlTlHit APmCATIONS BE HIED NROT BE SimMTnTO TO 3 J« A HtOPOSED
PROJECT KEQUIRING TRAT ONLY ONE APPUCATION BE FILED MUST BE SUBMnTED. PRIOR TO 4tgO P.M.
crrv OF 'CAaLSBAD
LAND USE REVIEW APPLICATION FOR.V PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED SEWER USAGE !N EQUIVALENT DWELUNG UNfTS
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC
:0) PROJECT NAME: The Terraces at Sunny Creek
21) BRIEF DESCRIPTION OF PROJECT: General Plan Amendment and Zone Change for the
Sv<::ainore I Specific Plan area. See att:ached exhibits for the General Plan
and Zoning designations.
22) IN THE PROCESS OF REVIEWING THIS APPUCATION fT MAY BE NECESSARY FOR MEMBERS OF CnY STAFF.
PLANNING COMMISSIONERS. DESIGN REVIEW BOARD MEMBERS. OR OTY COUNQL MEMBERS TO INSPECT AND
CONSENT TO ENTRY FOR THIS
PURPOSE
SIGNATURE
23) OWNER 24) APPUCANT
NAME (PRINT OR VfPE)
CanAm Properties
NAME (PRINT OR TlfPE)
CanAm Properties
MAIUNG ADDRESS
5850 Avinicaa Encinas, Suite A
MAIUNG AODRESS
5850 Avfinida F.nr.inac:^ .c;nHl-f^ A
cmr AND STATE ZIP TELEPHONE
Carlsbad, CA 92008 (619)438-314
cmr AND STATE ZIP TELEPHONE
1 Carlsbad, CA 92008 (619)438-3141
1 CERTtTY THAT 1 AM THE LECAL OWNER
ViO THAT ALL THE ABOVE IKPORMATXX
IS TRUE ANO CaHMCT TO THE BEST OT
MY KNOWLEDGE.
1 CERTtFYTHAT I AM THE CECAL OWNIXI REFRESIMTATIVE ANO
THAT ALL THE ABOVE MrORMATION IS TRUE AND OORRBTT TO THE
BEST OF MY KNOWUDCE.
-/^SIGNATjmE /J/ DATE
FQt^ crrr ONLY
FEE COMPUTATION:
.^PPUCATlON TYPE FEE REQUIRED
erf n^^r DATE STAMP APPUCATION RECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED
DATE FEE PAID
5-^ Hy. £n)
RECEIPT NO.
Citv of CarisbaH
Rlannind Dopartmeot
DISCLOSURE STATEMENT
i30._:CANT-S 3Ti-=M£ST Zf r SCLCSUPE OF CEPTASN OWNgBSHiP IKfTEPESTS CN ALL APPL!CAT;CNS WHICH WILL =cCU.=c
:.SCSE^ CNASY ACr.C.S CN -HE SAST CF THE crrv CCLNCIL OB ANY APPOINTED 8OAP0. COMMlSSlCN CP CCMMrrTES
P'ease Pnnt)
The fdlowing information must be disclosed:
1 Applicant
List the names and addresses of ali persons having a financial interest in the appiication.
CanAm Properties
5850 Avenida Encinas, Suite A
Carlsbad, CA 92008
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
5850 Avinida Encinas, Suite A
Carlsbad, CA 92008
If any person identified pursuant to (1) or (2) above is a corporation or pannership, list the names
addresses of all individuals owning more than 10% of the shares in the corporation or owning any panner;
interest in the partnership.
) Russell W. Grosse 3,
Avenida Encinas,
Carlsbad, CA 920"08'
) Paul Groat
Ste.
7.. ) .Tampc; R Panther
Bob Pain
Jb'inancial Asset Management, Ltd
1530-625 Howe Street
2424 Vista Way, Ste. 300 Vancouver,
canaaa,
B.C.
Vbc2'rb Oceanside, CA 92054
If any person identHtod pursuant to (1) or (2) above is a non-profit organization or a trust, list the names
addresses of any person serving as officer or director of the non-profit organization or as trustee or benefit
of the trust.
N/A
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 438-1161
Disclosure Statement
(Over)
Page 2
Have you had more than $250 worth of business transacted with any member of City staff. Scares
Commissions, Committees and Council within the past twelve months?
Yes No XX If yes, please indicate person(s)
Pgfton i« d«tin«d «B: 'Any individual, firm. coQartnarsnip. joint v«ntur«. uaociation. tociai club. frat«maJ organization, corporation, astat* trust.
r«c«iv«r. syndicata, thia and any othar county, city and counry, city municipality, distnct or othar political tubdiviaion, or any othar grouo or
comemation acting aa a unit'
(NOTE: Attach additionai pages as necessary.)
^/^01/02/96
Signature of Owner/date
CanAm Properties
By; Russell W. Grosse, President
Pnnt or type name of owner
01/02/96
Signature of applicant/date
CanAm Properties
By; Russell W. Grosse, President
Print or type name of applicant
FRM00013 8/90
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME' The Terraces at Sunny Creek
APPLICANT NAME: CAN AM PROPERTIES
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope arc/or operation of the proposed project. You may also induce any
background infornnation and supporting statements regarding the reasons fcr, cr
appropriateness of, the appiication. Use an addendum sheet if necessary.
Description/Explanation.
See attachment
R.V 4/91 Pro,Da.c,trm
PROJECT DESCRIPTION/EXPLANATION
THE TERRACES AT SUNNY CREEK
The proposed project consists of a General Plan Amendment and Zone Change for a portion of
the Sycamore I Specific Plan area.
It is proposed that 40.5 acres of the site with an existing General Plan designation of RH/C/O
(Residential High Density / Commercial / Office) be changed to RM (Residential Medium
Density) and the existing Zoning of O (Office) and C-2 (General Commercial) be changed to
RD-M (Residential Density - Multiple).
This project is the first phase of The Terraces at Sunny Creek project. Applications for a
Tentative Tract Map, Planned Development Permit, Site Development Plan, and Special Use
Permit will be submitted in the near future.
REC'D FROM
CITY OF CARLSBAD
IVE CA
434-2867
(O^li 2^ 1200 CARLSBAD ULLAGE DRIVE CARLSBAD, C.-iLIFORNIA 92008
DATE
ACCOUNT NO. DESCRIPTION AMOUNT
tf' -i
RECEIPT NO. 27138
^ Printed on recycled paper.
NOT VALID UNLESS VALIDATED BY
CASH REGISTER
TOTAL
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^p(jn:;tlie ^51^ of the completion letter.
Applicant Signature:
Staff Signature:
Date: / ^ ^
To be stapled with receipt to application
Copy for file
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carisbad, California 92008-1989
Space above this iine for Recorder's use
Parcel No. 209-090-1,2,3,4,5,6,7,8,9,10
Portion of 209-060-59
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBUC FACIUTIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACIUTIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 3rd day of January
by and between CanAm Properties
(name of developer-owner)
a Limited Liabilitv Ctantpany hereinafter referred to as "Developer* whose address
(corporation, partnership, etc.)
is 5850 Avenida Encinas, Suite A, Carlsbad, CA 92008
(street) (city, state, zip code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as "City", whose address is 1200 Carlsbad Viiiage Drive, Carlsbad, Caiifomia, 920CB-
1989.
WITNESSETH:
WHEREAS, Developer is the owner ofthe real property described on Exhibit "A", attached
hereto and made a part of this agreement, hereinafter referred to as "Property": and
WHEREAS, the Property lies within the boundaries of City; and
-orm AooroN«a
5v Gtv Counai Juiy 2. 1951
WHEREAS, Developer proposed a development project aslollows: General Plan Amendment
and Zone Change
on said Property, which development carries the proposed name of The Terraces at Sunny
Creek
and is hereafter referred to as "Deveiopment"; and
WHEREAS, Developer filed on the 3 rd day of .?anaurv , 19 96 .
with the City a request for General Plan Amendment and Zone Change
hereinafter referred to as
"Request"; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to sen/e a development will be available concurrent
with need or such development shall not be approved (said element is on file with the City Clerk
and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City s
pubiic facilities and sen/ices are at capacity and will not be available to accommodate the
additional need for public facilities and services resulting from the proposed Deveiopment; and
WHEREAS, Developer has asked the City to find that public facilities and services wiil be
available to meet the future needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to make any such finding without
financial assistance to pay for such services and facilities; and therefore, Developer proposes to
help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a pubiic
facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree as follows:
^Ofm Aoora>Md -onn 17A
Bv Giy Counol July 2. 1901 'BV 3/2r,'95
1. The Developer shall pay to the City a public facilities fes in an annount not to
exceed 1.S2% of the building permit valuation of the building or structures to be constructed in
the Deveiopment pursuantto the Request. The fee shall be paid priorto the issuance of buiiding
or other construction permits for the development and shall be based on the valuation at that
time. This fee shall be in addition to any fees, dedications or im.provements required pursuant
tq Tities 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion
of existing building or structures into condominiums in an amount not to exceed 1.82% of the
building permit valuation at the time of conversion. The fee for a condominium conversion shall
be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47
of the Carlsbad Municipal Code. Condominium shall inciude community apartment or stock
cooperative. The terms "other constnjction permits", "other constnjction permit" and "entitiement
for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not
refer to grading permits or other permits for the construction of underground or street
improvements unless no other permit is necessary prior to the use or occupancy for which the
deveiopment is intended. Developer shall pay the City a pubiic facilities fee in the sum of S598
for each m.obiiehome space to be constructed pursuant to the Request. The fee shall be paid
priorto the issuance of building or other constnjction permits forthe development. This fee shall
be in addition to any fees, dedications or improvements required according to Titles 18, 20 or
21 of the Carisbad Municipal Code.
2. The Developer may offer to donate a site or srtes for pubiic facilities in iieu of all
or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to
donate a site or sites for pubiic facilities, the City shall consider, but is not obligated to accept
the offer. The time for donation and amount of credit against the fee shall be determined by City
prior to the issuance of any building or other permits. Such determination, when m.ade. shall
become a part of this agreement. Sites donated under this paragraph shail not include
improvements required pursuant to Titles 18 or 20 of the Carisbad Municipal Code.
=orm Aporowad ' ''^
3y Qty Counal Juiy ^ 1901 -ov j.^T.'QS
Reso # 91-19*KJH n
3. This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the City's General Plan. If the fee is not paid as provided
herein, the City will not have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any approval or permit for the
Development shaii be void. No building or other construction permit or entitlement for use shall
bjg issued until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities
fund for the financing of pubiic facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this and similar public facilities fees
are available.
5. City agrees to provide upon request reasonable assurances to enable Developer
to comply with any requirements of other pubiic agencies as evidence of adequate pubiic
facilities and services sufficient to accommodate the needs ofthe Development herein described.
6. All obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
7. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
foilowing manners:
7.1 If notice is given to the City of personal delivery thereof to the City or by
depositing same in the United States Mail, addressed to the City at the address set forth herein,
enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage
prepaid and certified.
7.2 If notice is given to Developer by personal deiivery thereof to Developer or
by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to
Developer at the address as many have been designated, postage prepaid and certified.
^orrn Aporavad ferm < 7A
By Cry Coundl Juiy Z 1981 ^BV 3,'27/95
=i«o # 91-194(KJH A
8. This agreement shaii be binding upon and shail inure to the benefit of, and shall
appiy to, the respective successors and assigns of Developer and City, and references to
Developer or City herein shall be deemed to be a reference to and include their respective
successors and assigns without specific miention of such successors and assigns, if Developer
should cease to have any interest in the Property, ali obligations of Developer hereunder shail
terminate; provided, however, that any successor to Developer's interest in the prcperty shail
have first assumed in writing the Developer's obligations hereunder,
9. This agreement shall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
Form ApofovBd -orm 17A
By Oty Coonol Juiv 2_ 1991 rev 3.77,'95
IN WITNESS WHEREOF, this agreement is executed in San Diego County, Cal'tfomia as
of the date first written above.
DEVELOPER-OWNER:
CanAm Properties
(name of Developer)
^ (signature)
Russell W. Grosse
(print name)
President
(title)
By
(signature)
(print name)
(title)
ATTEST:
ALETHA L RAUTENKRANZ. City Clerk
CITY OF CARLSBAD, a municipal
corporation of the
State of Califomia
By
MARTIN ORENYAK
for City Manager
(Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attomey
By
Assistant City Attomey
Form Appromd
By Oty Oxjnol Juiy Z 1901
Heso #91-194/KJH
Form 17A
rev i'27^95
EXHIBIT-A-
LEGAL DESCRIPTION
All of Lots 1 through 10 inclusive, together with Palmer Way
all as shown on Carlsbad Tract No. 83-36, according to Map
thereof No. 11242, filed in the Office of the County Recorder
of San Diego County on May 23, 1985 and a portion of Lot B of
the Rancho Agua Hedionda, according to Map thereof No. 823,
filed"in the Office of the County Recorder of said County on
November 16, 1986, all in the City of Carlsbad, County of
San Diego, State of California.
Form 1M
Form Aoomvwl rev 3/'27,'95
By Oty Counal July i 1901
Reao # 91-19*K^H 7
CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CAUFORNIA
COUNTY OF SAN DIEGO
On //3 J before me, 0-^^ ^"'^/SM.^AX^ . Notary Public, personally
appeared ^^^^^p/^J^J^ Jif^^m^^t^ , K] personally known to me - or [
] proved to me on the basis of satisfactory evidence to be the person(€} whose name(s) is/afe
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/tbek authorized capacity (tee), and that by his/hei#ieif signature(-i^ on the instrument
the person(s), or the entity upon behalf of which the person(^ acted, executed the instrument.
WITNESS my hand and official seal. I"J!JL' ' " ' ' I
••"^ JOAN £. HENDR.-:CK 1
y , h - ^COMM. ]0!8920 5
.^jtx-^rz^ xif^^j'.i^ y J ^^^y COUNTY
^nature of N^ry) * , ?'ii°T','^!'"^'^^"-^^
Fomi A(ipro««d fotm 17A
By Oty Council July Z 1981 rev 3/27/95
Haso # 91-194/IOH O
CASE NO.
DATE:
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(To be Completed by APPLICANT)
Applicant: CanAm Properties
Address of Applicant: 5850 Avenida Encinas, Suite A
Carlsbad, CA 92008
Phone Number: (619 ) 438-31 41
Name, address and phone number of person to be contacted (if other than
Applicant): Hofman Planning Associates Bill Hofman (619) 438-1 465
2386 Faraday Ave., Ste. 120
Carlsbad, CA 92008
GENERAL INFORMATION: (Please be specific)
Project Description: General Plan Amendment and Zone Change request.
Project Location/Address: East of El Camino Real and sounth of future
College Boulevard.
Assessor Parcel Number: 209 . 090 . 1,2,3,4,5,6,7,8,9,10, and a portion
of 209-060-59
General Plan/Zone of Subject Property: RE7C/0 / o,c-2
Local Facilities Management Zone: Zone 15
Is the site within Carlsbad's Coastal Zone? No
Please describe the area surrounding the site to the
North: Vacant, Scattered SFD East: Vacant, Scattered SFD
South: ^^^^^^ West: Vacant
List all other applicable permits & approvals related to this project:
General Plan Amendment and Zone Change
(Please be Specif^fey" Attach Additional Pages or E^moits, if necessarv)
1. Please describe the project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
See Attached
2. Please describe energy conservation measures incorporated into the design
and/or operation of the project.
See Attached
PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units,
schedule of unit sizes, range of sale prices or rents, and type of
household size expected, average daily traffic generation (latest SANDAG
rates).
See Attached
b. If a commercial project, indicate the exact type, activity(ies),
square footage of sales area, average daily traffic generation
(latest SANDAG rates), parking provided, and loading facilities.
N/A
c. If an industrial project, indicate the exact type or industry(ies),
average daily traffic generation (latest SANDAG rates), estimated
employment per shift, time of shifts, and loading facilities.
N/A
d. If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the
project.
N/A
I. ENVIRONMENTAL IMPACT ANALYSIS
Please Answer each of the following questions by placing a check in the
appropriate space. Then, fully discuss and explain why each item was
checked yes or no. Provide supporting data if applicable. Attach
additional sheets as necessary.
YES NO
1) Could the project significantly impact or change
present or future land uses in the vicinity of the
activity? ^
EXPLANATION: Please see detailed answer attached
2) Could the activity affect the use of a recreational
area, or area of aesthetic value?
EXPLANATION: Please see detailed answer attached
3) Could the activity affect the functioning of an
established community or neighborhood?
EXPLANATION: Please see detailed answer attached
4) Could the activity result in the displacement of
community residents?
EXPLANATION: Please see detailed answer attached
X
X
X
^ YES NO
5) Could the activity increase the number of low and
moderate cost housing units in the city?
EXPLANATION: Please see attached detailed answer
6) Could the activity significantly affect existing
housing or create a demand for additional housing? ^
EXPLANATION: Please see attached detailed answer
7) Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation? 11
EXPLANATION: Please see ahtarhed H^I-ailFv^ an^^w^r-
8) Could the activity significantly affect an
historical or archaeological site or its settings? x_
EXPLANATION: Please see attached detailed answer
9) Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource? >L
EXPLANATION: Please see attached detailed answer
YES NO
10) Could the activity significantly affect fish,
wildlife or plant resources?
EXPLANATION: Please see attached detailed answer
11) Are there any rare or endangered plant or animal
species in the activity area?
EXPLANATION: Please see attached detailed answer
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
or beaches? x
EXPLANATION: Please see attached detailed answer
13) Could the activity result in the erosion or elimin-
ation of agricultural lands?
EXPLANATION: Please see detailed attached answer
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of already developed areas? x_
EXPLANATION: Please see attached detailed answer
YES NO
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)? x
EXPLANATION: Please see attached detailed answer
16) Is the activity carried out as part of a larger
project or series of projects?
EXPLANATION: Please see attached detailed answer
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state
or federal environmental control agency? _____ ^
EXPLANATION: Please see attached detailed answer
18) Will the activity require issuance of a variance or
conditional use permit by the City?
EXPLANATION: Please see attached detailed answer
19) Will the activity involve the application, use, or
disposal of potentially hazardous materials? ^
EXPLANATION: Please see detailed attached answer
YES NO
20) Will the activity involve construction of facilities
in a flood plain? ^
EXPLANATION: Please see attached detailed answer
21) Will the activity involve construction of facilities
in the area of an active fault? x
EXPLANATION:
Please see attached detailed answer
22) Could the activity result in the generation of
significant amounts of dust?
EXPLANATION: Please see attached detailed answer
23) Will the activity involve the burning of brush,
trees, or other materials?
EXPLANATION: Please see attached detailed answer
24) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground x
water, off-shore.)
EXPLANATION: Please see attached detailed answer
YES NO
25) Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
EXPLANATION: Please see attached detailed answer
26) Will the activity involve construction of facilities
on a slope of 25 percent or greater? ^
EXPLANATION: Please see attached detailPTI an^^w^^r
27) Will there be a significant change to existing
land form? ^
(a) Indicate estimated grading to be done in
cubic yards: .
(b) Percentage of alteration to the present
land form: .
(c) Maximum height of cut or fill slopes:
EXPLANATION: Please see attached detailed answer
28) Will the activity result in substantial increases x
in the use of utilities, sewers, drains or streets?
EXPLANATION: Please see attached detailed answer
YES NO
29) Will the project significantly increase wind or
water erosion of soils?
EXPLANATION: Ploaspv detailed attached answer
30) Could the project significantly affect existing ^
fish or wildlife habitat?
EXPLANATION: Please see detailed attached answer
31) Will the project significantly produce new light
or glare?
EXPLANATION: Please see attached detailed answer
10
II. STATEMENT OF NoO IGN I FICANT ENVIRONMENTAL EFFEIW
If you have answered yes to any of the questions in Section I but think
the activity will have no significant environmental effects, indicate your
reasons below:
SEE ATTACHMENT
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
Signature
Date Signed
(Person Completing Report)
11
ENVIRONMENTAL IMPACT ASSESSMENT FORM PART 1
This application addresses only a General Plan Amendment and Zone Change for a portion of
the Sycamore I Specific Plan area. No construction is associated with this application.
Therefore, much of the information requested for this EIA is not applicable at this time
1. The site identified as The Terraces at Sunny Creek is located on 40.5 gross acres
adjacent to the east side of El Camino Real and south of the future College Boulevard
extension.
A majority of the project site is currently being used for agricultural purposes. The
site topography is characterized by gently sloping hills adjacent to Agua Hedionda
Creek.
Other than the use of the site for agricultural purposes, there are no other significant
man-made features.
2. There is no construction associated with this application, therefore there are no energy
conservation measures incorporated.
3. It is proposed that 40.5 acres of the site with an existing General Plan designation of
RH/C/O (Residential High Density / Commercial / Office) be changed to RM
(Residential Medium Density) and the existing Zoning of O (Office) and C-2 (General
Commercial) be changed to RD-M (Residential Density - Multiple).
It should be noted that the proposed project will create a less intensive use of the site than
is accounted for in the City of Carlsbad's General Plan.
Since there is no construction associated with this application the remainder of this
question is not applicable.
ENVIRONMENTAL IMPACT ANALYSIS
1. Yes. The General Plan Amendment will lower the intensity of allowable
development. This will result in lower impacts to the area than has been
anticipated by the City's General Plan.
2. No. The proposed project will not affect the use of any recreational areas as there
are none located on the site.
'With regards to areas of aesthetic value, a small portion of the project site is
located adjacent to the riparian corridor associated with Agua Hedionda Creek.
Any future development will address the preservation of this area.
3. No. The site is currently vacant and surrounded by vacant land or agricultural uses.
Any future development would have to be designed to minimize impacts on the
area.
4. No. Neither the General Plan Amendment nor the Zone Change will displace any
community residents since the subject properties are currently vacant.
5. Yes. The proposed General Plan Amendment will allow this site to be developed with
residential uses. Per the City of Carlsbad's Housing Element, 15% of the units
in the project will have to be made available to low income households. This
will result in a greater number of low income units than would be constructed
under this site's existing split General Plan designations.
6. No. The proposed General Plan Amendment and Zone Change is the first phase of
providing for additional housing to meet future demands.
7. No. The majority of the project site is typical of other North San Diego County sites
and contains no unique features. A small portion of the site is adjacent to the
riparian corridor associated with Agua Hedionda Creek.
8. No. There is no construction associated with this application. Therefore, no
historical or archaeological site will be affected.
9. No. There is no construction associated with this application. Therefore, no natural
resource will be affected by this application. In addition, there are no known
scarce natural resources on this site.
10. No. There is no construction associated with this application. Therefore, no natural
resources will be affected by this application. A majority of this site is
currently being used for agricultural purposes.
11. No. According to EIR 83-1, there are no rare or endangered species that have been
observed within the proposed site.
12. No. Any proposed drainage facilities will be required to conform with the City's
performance standards for flood attenuation and down stream impacts.
Therefore, the project will not change existing features of any of the City's
streams, lagoons, bays, or beaches.
13. Yes. A large portion of the site is currently being used for agricultural purposes.
However, the existing General Plan designation calls for a mixed use of high
intensity residential, commercial, and office land use. Therefore, it is likely
that the agriculture at this site will eventually cease whether the proposed
General Plan Amendment and Zone Change is approved or denied. Although
the proposed project will eventually lead to the elimination of agriculture land,
it is not perceived as a detrimental impact to the environment because future
development is anticipated.
14. No. The project proposes a less intensive land use than that which is planned.
Therefore, the General Plan Amendment and Zone Change will not intensify or
encourage development that the City has not already planned.
15. No. The General Plan Amendment and Zone Change will not require a variance
from any environmental standard.
16. Yes. The proposed General Plan Amendment and Zone Change are the first step in
the development of this site for residential purposes. A Tentative Map along
with the other discretionary permits necessary for residential development will
be submitted in the near future.
17. No. The proposed General Plan Amendment and Zone Change will not require the
certification, authorization or issuance of a permit by any local, state or federal
environmental control agency. Future discretionary approvals such as a
Tentative Map will be required for the development of the site. It is not
possible to determine the impact on the existing environment of the site until the
design of the Tentative Map has been completed and reviewed.
18. No. The General Plan Amendment and Zone Change will not require a variance or
conditional use permit.
19. No. The General Plan Amendment and Zone Change does not involve hazardous
materials.
20. No. There is no construction associated with this application, therefore no facilities
will be constructed in a flood plain.
21. No. There is no construction associated with this application, therefore no facilities
will be constructed in the area of an active fault.
22. No. There is no construction associated with this application, therefore no amount of
dust will be generated.
23. No. The General Plan Amendment and Zone Change will not involve the burning of
brush, trees, or any other materials.
24. No. The General Plan Amendment and Zone Change will not result in any
significant change in the quality of any portion of the regions's air or water
resources.
25. No. There is no construction associated with this application. However, since this
application proposes a less intensive use than has been anticipated by the Zone
15 Local Facilities Management Plan, any future construction of the site will
reduce the energy consumption which has already been planned for.
26. No. There is no construction associated with this application, therefore no facilities
will be constructed on a slope of 25 % or greater.
27. No. There is no construction associated with this application therefore, this
application will not affect the existing landform of the site.
28. No. All of the performance standards set forth for public utilities and facilities in the
Zone 15 Local Facilities Management Plan will continue to be met. Per the
City's Growth Management Program, the project will not substantially impact
utilities, sewers, or streets. Any future development will provide its share of
improvements so that acceptable performance standards are maintained.
Furthermore, the project proposes a less intensive use than has been anticipated
by the Zone 15 Local Facilities Management Plan thereby reducing the utility,
sewer, drain, and street needs which have already been planned for.
29. No. There is no construction associated with this application, therefore this
application will not increase soil erosion at this site.
30. No. There is no construction associated with this application, therefore this
application will not affect any habitat on this site
31. No. There is no construction associated with this application, therefore no new light
or glare will be produced at this site.
II. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS
QUESTION #1 See the explanation provided for question 1 on page 2 of this EIA.
QUESTION #5 See the explanation provided for question 5 on page 2 of this EIA.
QUESTION #13 See the explanation provided for question 5 on page 3 of this EIA.
QUESTION #16 See the explanation provided for question 16 on page 3 of this EIA.
Fne City of CARLSBAD Planning DepartmiSSf
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: July 1, 1998
Application complete date: January 13, 1998
Project Planner: Brian Hunter
Project Engineer: Ken Quon
SUBJECT: EIR 98-01/GPA 96-01/ZC 96-01/SP 190fB)/LFMP 87-15(BVCT 96-02/SDP
97-02/PUD 96-02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES
AT SUNNY CREEK - Request for the certification of an Environmental Impact
Report, and approval of Candidate Findings of Fact, a Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program, a General
Plan Amendment, Zone Change, Specific Plan Amendment, Local Facilities
Management Plan Amendment, Tentative Tract Map, Site Development Plan,
Plaimed Development Permit, Hillside Development Permit, and three Special
Use Permits. This project entails the subdivision of a 39.9 acre parcel into 172
single family lots, a multi-family lot and 1 open space lot and the development of
172 market rate single family homes, 50 affordable apartments, and 28 second
dwelling units. The project also includes the mass grading of the adjacent 17.6
acre commercial site across future College Boulevard and its use for the storage of
recreational vehicles per the requirements of the Planned Development Ordinance.
The project site is generally located at the northeast and southeast comer of the
intersection of El Camino Real and College Boulevard in the Office/General
Commercial/ Limited Control Zone in Local Facilities Management Zone 15.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4287
RECOMMENDING CERTIFICATION of EIR 98-01, and RECOMMENDING
APPROVAL of the Findings of Fact, Statement of Overriding Considerations and Mitigation
Monitoring and Reporting Program; ADOPT Planning Commission Resolutions No. 4288,
4289, 4290, 4291, 4292, 4293, 4294, 4295, 4296, 4297, 4298, RECOMMENDING
APPROVAL of GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-15(B), CT 96-02, SDP 97-02,
PUD 96-02, HDP 96-02, and APPROVING SUP 96-01, SUP 96-02, and SUP 96-03 based on
the findings and subject to the conditions contained therein.
ATTACHMENT:
1. Memo from the Planning Department dated June 17, 1998
2. Planning Commission Resolutions 4287 - 4298
3. Staff Report dated June 3, 1998 with attachments
4. Revised LFMP Amendment and Finance Plan for Zone 15 (Commission only)
5. Underline/strikeout copies of changes to LFMP and Finance Plan (Commission only)
AMENDED Memorandum
Date: June 17, 1998
To: PLANNING COMMISSION
From: Planning Department
EIR 98-01/GPA 96-01/ZC 96-01/SP 190(B)/LFMP 87-15(B)/CT 96-02/SDP 97-02/PUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - Terraces at Sunny Creek
PLEASE NOTE: The changes reflected in this memorandum reflect ONLY the changes
being recommended by the Planning Department. Additional changes will be provided by
the Engineering Department memorandum which will be distributed on Monday, June
15th and discussed at the Planning Commission briefings. These additional Engineering
Department changes are reflected in revised text in the amended Zone Plan and Financing
Plan for Zone 15.
The Terraces at Surmy Creek project was continued from the Jime 3, 1998 Plaiming Commission
meeting to this date for the purpose of resolving processing issues associated with the Local
Facilities Management Plan Amendment (LFMP 87-15(B)), as well as, clarifying proposed
project revisions which were provided to you at the previous meeting.
1) The Russell W. Grosse Development Co., Inc. has petitioned the City Council to allow them
to prepare the Zone 15 Local Facilities Management Plan Amendment. As of this date, that
petition is scheduled to be heard by the City Council on June 23, 1998. Staff is
recommending that all of the resolutions have the following condition attached to them:
"Approval (or recommendation of approval) of this discretionary action is granted
subject to the approval by the City Council of the preparation of the Zone 15 Local
Facilities Management Plan Amendment (LFMP 87-15(B))."
2) The Carlsbad Unified School District is requesting and staff is recommending support of a
request to amend the CEQA findings of fact (page 22, Section 4.113.3 of Exhibit "B"
attached to Planning Commission Resolution No. 4287) and the environmental impact report
as follows: "Prior to the issuance of a building permit, the Developer shall submit
evidence to the Planning Director that impacts to school facilities have been mitigated in
conformance with the City's Growth Management Plan to the extent permitted by
applicable state law. If the mitigation involves a flnancing scheme such as a Mello-Roos
Community Facilities District which is inconsistent with the City's Growth
Management Plan including City Council Policy No. 38, the Developer shall disclose to
future owners in the project, to the maximum extent possible, the existence of the tax
and that the school district is the taxing agency responsible for the flnancing district."
TERRACES AT SUNNYOIEEK
JUNE 17, 1998
PAGE 2
3) The Community Development Department held a Zone 15 property owners meeting on Ma>
27, 1998. At that meeting staff gave a brief overview of the Growth Management
requirements of the proposed Local Facilities Management Plan Amendment and
summarized the financial obligations that would be incurred with development as proposed.
As a consequence of that meeting the following changes to the Zone 15 LFMP Amendment
and Finance Plan are recommended by staff:
a) Local Facilities Management Plan Amendment. Pages 14, 15, 16, and 114 - Delete
condition regarding Development Area 5 involvement in College Boulevard and Cannon
Road improvements. Pages 15 and 16 needed to be replaced due to docimient formatting
(distributed at Jime 1st meeting).
b) Finance Plan. Exhibit 2 and Page 25 were revised to include Finance Areas 2. 3, and 4 in
the participation of the Facilities Impact Fee District for the segment of College
Boulevard between El Camino Real and the northem boundary of Development Area 1.
Page 23 and 24 - Delete condition regarding Finance Area 5 involvement in College
Boulevard and Cannon Road improvements. Page 24 needed to be replaced due to
document formatting (distributed at June 1st meeting).
4) Engineering Department response to the Rancho Carlsbad letter presented to the Commission
at the June 3, 1998 Planning Commission meeting will be delivered under separate cover.
City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. ®
P.C. AGENDA OF: June 3, 1998
Application complete date: January 13, 1998
Project Planner: Brian Hunter
Project Engineer: Ken Quon
SUBJECT: EIR 98-01/GPA 96-01/ZC 96-01/SP 190fB)/LFMP 87-15(B)/CT 96-02/SDP
97-02/PUD 96-02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES
AT SUNNY CREEK - Request for the certification of an Environmental Impact
Report, and approval of Candidate Findings of Fact, a Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program, a General
Plan Amendment, Zone Change, Specific Plan Amendment, Local Facilities
Management Plan Amendment, Tentative Tract Map, Site Development Plan.
Plaimed Development Permit, Hillside Development Permit, and tiiree Special
Use Permits. This project entails the subdivision of a 39.9 acre parcel into 172
single family lots, a multi-family lot and 1 open space lot and the development of
172 market rate single family homes, 50 affordable apartments, and 28 second
dwelling units. The project also includes the mass grading of the adjacent 17.6
acre commercial site across future College Boulevard and its use for the storage of
recreational vehicles per the requirements of the Planned Development Ordinance.
The project site is generally located at the northeast and southeast comer of the
intersection of El Camino Real and College Boulevard in the Office/General
Commercial/ Limited Control Zone in Local Facilities Management Zone 15.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4287
RECOMMENDING CERTIFICATION of EIR 98-01, and RECOMMENDING
APPROVAL of the Findings of Fact, Statement of Overriding Considerations and Mitigation
Monitoring and Reporting Program; ADOPT Planning Commission Resolutions No. 4288,
4289, 4290, 4291, 4292, 4293, 4294, 4295, 4296, 4297, 4298, RECOMMENDING
APPROVAL of GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-15(B), CT 96-02, SDP 97-02,
PUD 96-02, HDP 96-02, and APPROVING SUP 96-01, SUP 96-02, and SUP 96-03 based on
the findings and subject to the conditions contained therein.
n. INTRODUCTION
This application would allow for the subdivision of the 39.9 acre site (excluding a large
remainder parcel to the north of the drainage) into 172 single family lots, a multi-family lot, and
one open space lot for the development of 172 market rate single family homes, 50 affordable
apartments, and 28 second dwelling units, as well as, the mass grading and placement of
recreational vehicle storage on the adjacent 17.6 acre commercial site across future College
o
EIR 98-01/GPA 96-01/ZC 96-01/SP 190(B)/LFMP 87-15(B)/CT 96502/SDP 97-02/PUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3, 1998
Pagel
Boulevard. The inclusionary housing portion of this project was approved by the Housing
Commission on March 12, 1998. Otherwise as designed and conditioned and with the approval
of the proposed amendments, this project is in compliance with the General Plan, the Zoning
Ordinance, Subdivision Ordinance, and the Zone 15 Local Facilities Management Plan.
III. PROJECT DESCRIPTION AND BACKGROUND
In 1984, a Tentative Map and the Sycamore Creek Specific Plan were approved on this site
which allowed for the development of a professional/office complex, hotel and tennis club.
Since that time the map on the site has been finaled which would allow for the development of
the site at any time imder the auspices of the existing Specific Plan. Due to changing market
conditions and the need for low and moderate priced housing in the City of Carlsbad, the
applicant is proposing and staff is recommending approval of changing the site from non-
residential uses to residential. This will require the approval of a number of discretionary actions.
The proposed project will provide two product types in the residential medium (RM) density and
residential high (RH) density range. The area designated for medium density development will
consist of 172 single-family detached units ranging in size fi'om 1,605 to 2,519 square feet.
Twenty-eight of these units will be designed to accommodate second dwelling units. The 2.18
acre high density portion of the project will be developed with 50 affordable, 1, 2 & 3 bedroom
apartment units.
As shown on Exhibits "A"-"FFF", the 172 detached single family units which are proposed
along a curvilinear 36 foot paved width private street system (with guest parking) are configured
in a Z lot design. This design places 5 foot width use easements over adjacent properties along
portions of their side yards. This Z lot configuration essentially turns the entrance side yard into a
private front yard while the other side yard becomes similar in use to a back yard. The use
easements will be included in the required open space area designated for recreational use per the
Planned Development ordinance. All buildings have at a minimum a 20' front setback from the
back of sidewalk and a similar building separation dimension where there are more than 10
structures in a row. The typical exterior is stucco with metal roll-up garage doors, wrought iron,
masonry, and stone accent detailing. The peak of the roof measures 24-25 feet and is covered
with concrete roof tiles.
The 28 second dwelling units have been incorporated into the single family structure (Exhibit
"TT")- Sitting above the three car garage of Plan 4, with private interior stairway, the 610 square
foot unit includes a kitchen, fiill bath, bedroom, and a living area. The 50 unit apartment project
is divided into three separate three story buildings. There will be 6 three bedroom, 20 two
bedroom, 12 one bedroom and 12 studio units.
The following is a list of the approvals requested as part of this project:
1. Certiflcation of the Environmental Impact Report. An Environmental Impact
Report (EIR) was prepared for the project. The EIR analyzed the potential impact
of development pursuant to the proposed project and related actions. The
environmental issue areas analyzed in the EIR were Soils and Geology, Hydrology,
EIR 98-01/GPA 96-01/Z(>96-01/SP 190(B)/LFMP 87-15(B)/CT 96^2/SDP 97-02/PUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3, 1998
Page 3
Air Quality, Biological Resources, Land Use, Circulation, Cultural and
Paieontological Resources, Noise, Landform Alteration/Aesthetics, and Utilities and
Public Services. The applicant is also requesting approval of Candidate Findings of
Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and
Reporting Program.
2. General Plan Amendment. The applicant is requesting an amendment to the
General Plan Land Use Map as follows:
General Plan Land Use Designations:
Existing:
Residential
High/Commercial/OfFice
(RH/C/O)
Proposed
Residential
High/Residential
Medium (RH^l)
The exhibits attached to the Planning Commission Resolution for the General Plan
Amendment show the proposed changes graphically;
Zone Change. A zone change is proposed to make the zoning consistent with the
proposed General Plan land use designations. The requested zone change is as
follows:
Zoning Designations:
Existing: Office/General
Commercial/Limited Control
(0/C-2/L-C)
Proposed: Residential Density Multiple
(RD-M)
The exhibits attached to the Planning Commission Resolution for the Zone Change
show the proposed changes graphically;
Sycamore Creek Speciflc Plan Amendment. The proposed amendment will
delete the specific plan;
Local Facilities Management Plan Amendment (Zone 15). The amendment is
proposed to reflect the changes in land use in Zone 15;
Tentative Tract Map. The proposed project subdivides the 39.9 acre site into 172
single family lots, a 2.47 gross acre multifamily lot, and one . 9 acre open space lot;
Site Development Plan. The Site Development Plan will allow for the
development of 50 affordable apartments on the multi-family lot and second
dwelling units on 28 of the single family lots;
o
c^-
3
EIR 98-01/GPA 96-01/ZC^6-01/SP 190(B)/LFMP 87-15(B)/CT 95!D2/SDP 97-02/PUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3, 1998
Page 4
8. Planned Development Permit. To allow for the development of lots smaller than
7500 square feet in area which are located on a gate guarded, private street system
and the use of the adjacent commercially zoned site for recreational vehicle storage
consistent with the Planned Deveiopment Ordinance;
9. Hillside Development Permit. A Hillside Development Permit is required for the
grading of the project, since it will be located on slopes in excess of 15 feet in
height, with a slope in excess of 15%; and
10. Special Use Permits. The applicant is applying for 3 Special Use Permits; one to
allow for development within the El Camino Real Scenic Corridor, and two special
use permits to allow for some encroachment of project grading into the Agua
Hedionda Flood Plain. There are two Special Use Permits for floodplain
encroachment, as one is for the commercial site, and one for the residential site.
General Plan, Zoning & Existing Land Use For Adjacent Properties
The existing and proposed general plan and zoning designations for the site were listed under the
preceding items 2 and 3. The following table lists the General Plan, Zoning, and existing land
use for the adjacent properties:
General Plan Zoning Existing Land Use
North RLM, OS L-C, OS Vacant, scattered SFD
South PI/UA C-M/L-C Vacant, light industrial
East RH/C/O L-C Vacant, scattered SFD
West C C-2 Vacant
Site Description
The project site is composed of gently sloping hills adjacent to Agua Hedionda Creek to the
north and El Camino Real to the south. The project site has been previously disturbed by
agricultural operations, with some remaining native vegetation.
This proposed project is subject to the following plans, ordinances, standards and policies:
A. Environmental Protection Procedures (Title 19) and the Califomia Environmental
Quality Act (CEQA);
B. General Plan;
C. Carlsbad Municipal Code, Title 21, Chapter 21.52, Zoning Amendments;
D. Growth Management Ordinance - Local Facilities Management Plan, Zone 15;
E. Carlsbad Municipal Code, Title 20 - Subdivision Ordinance;
F. Carlsbad Municipal Code Chapter 21.45 - Planned Development;
G. Carlsbad Municipal Code Chapters 21.85 and 21.53- Inclusionary Housing;
EIR 98-01/GPA 96-01/zd^-Ol/SP 190(B)/LFMP 87-15(B)/CT 96rf2/SDP 97-02/PUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3, 1998
Page 5
H. Carlsbad Mimicipal Code Chapter 21.95 - Hillside Development Ordinance:
I. Carlsbad Municipal Code Chapter 21.110- Flood Plain Management; and
J. Carlsbad Municipal Code Chapter 21.06 - Scenic Corridor - El Camino Real
Scenic Corridor Development Standards.
IV. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project's
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
A. ENVIRONMENTAL PROTECTION PROCEDURES (TITLE 19) AND THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
An Environmental Impact Report (EIR) was prepared for the project in compliance with the
Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code and the
Califomia Environmental Quality Act (CEQA). The EIR addresses the environmental impacts
associated with all discretionary applications for the proposed project including ultimate buildout
of the entire project. In addition to the sections required by CEQA, the EIR analyzed the
following areas of potential environmental impact:
1. Soils and Geology;
2. Hydrology;
3. Air Quality;
4. Biological Resources;
5. Land Use;
6. Circulation;
7. Cultural and Paieontological Resources;
8. Noise;
9. Landform Alteration/Aesthetics; and
10. Utilities and Public Services
The conclusion reached on the 10 areas of potential environmental impact fell into one of three
different categories. The three categories are (1) unavoidable significant environmental impacts,
(2) significant environmental impacts that can be avoided or mitigated, and (3) impacts
considered in the EIR but found to be less than significant.
Unavoidable Significant Environmental Impacts
Based on the data and conclusions of the EIR, it has been found that the project will result in
significant cumulative impacts to air quality and traffic which cannot be fiilly mitigated. These
cumulative impact are regional in nature and occur in areas outside the jurisdiction of the City.
Cumulative unavoidable traffic impacts occur on certain segments of El Camino Real in the
northem portion of the City.
EIR 98-01/GPA 96-01/ZClb-Ol/SP 190(B)/LFMP 87-15(B)/CT 9^/SDP 97-02/PUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3, 1998
Page 6
Significant Environmental Impacts That Can Be Avoided or Mitigated
Mitigation measures are proposed for the following environmental impact areas to mitigate
significant environmental impacts: 1) Soils and Geology, 2) Hydrology, 3) Air Quality, 4)
Biological Resources, 5) Land Use, 6) Circulation, 7) Cultural and Paieontological Resources. 8)
Noise, and 9) Landform Alteration/Aesthetics. The mitigation measures are contained in the EIR
as well as the Mitigation Monitoring and Reporting Program attached to the EIR Resolution.
Impacts Found To Be Less Than Significant
The following environmental impact areas were analyzed in the EIR but found to have impacts
which are less than significant: 1) Utilities and Public Services.
In order to approve the project, a Statement of Overriding Considerations must be adopted
pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines. A Statement of Overriding
Considerations has been prepared and is attached to the Planning Commission Resolution for the
EIR. Staff is requesting that the Planning Commission recommend that the City Council Certify
the EIR and adopt the proposed CEQA Findings and Statement of Overriding Considerations.
B. GENERAL PLAN
LAND USE
The proposed General Plan Amendment (see attachment to Resolution No. 4288) will change the
existing designations of the project site from Commercial, Office and Residential High Density
(C/O/RH) to Residential High Density and Residential Medium (RH & RM). The RH General
Plan Land Use designation allows for the development of condominium and apartment, the
density range of 15-23 dwelling units per acre. The proposed 50 unit apartment project will have
a density of 22.9 dwelling units per acre and is therefore consistent with the RH General Plan
designation. As discussed below appropriate findings can be made to allow this affordable
housing project to exceed the Growth Management Control Point of 19 dwelling units per acre.
The RM General Plan Land Use allows the development of small lot (less than 7500 square feet)
single family homes that range in density from 4-8 dwelling units per acre with a growth
management control point of 6 dwelling units per acre. The single family part of this project will
include 172 units developed at a density of 5.3 dwelling units per acre. Therefore the project is
consistent with the General Plan.
The proposed project implements the Goals of the Land Use Element as illustrated below:
1. Goal A.3 A (Land Use Goals) "A City which provides for land uses which through
their arrangement, location and size, support and enhance the economic viability for
the community." The project proposes land uses which will maximize the best use
of the site, and contribute to the reduction from 12,496 to 2,188 of traffic trips
within the City;
EIR 98-01/GPA 96-01/ZCW-Ol/SP 190(B)/LFMP 87-15(B)/CT 9^/SDP 97-02/PUD 96-
02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK
June 3, 1998
Page 7
2. Goal A.l (Growth Management and Public Facilities Goals) "A City which ensures
the timely provision of public facilities and service to preserve the quality of life of
residents." The project includes provisions which ensure that all necessary public
facilities will be available concurrent with demand. The project has been developed
to be consistent with, and implement the Zone 15 Local Facilities Management
Plan, as amended;
3. Goal A.l (Agricultural Goal) "A City which prevents the premature elimination of
agricultural land and preserves said lands wherever possible." The project will
result in the conversion of the site to urban uses. The project will not however,
result in the conversion of prime agricultural land to urban uses and no significant
impact to prime agricultural farmland is anticipated;
4 Objective C.5 (Residential) "Locate multi-family uses near commercial centers,
employment centers, and major transportation corridors." The proposed project
includes multiple family apartments adjacent to College Boulevard, within walking
distance of El Camino Real and adjacent to a future commercial center; and
5. Objective Cll (Residential) "Require new residential development to provide
pedestrian and bicycle linkages..." The proposed project includes a sidewalk
system which will provide links to fiiture pedestrian trails and bike trails adjacent to
the site.
HOUSING ELEMENT
The proposed project is consistent with Program 3.6b of the Housing Element which states that
"a minimum of fifteen percent (15%) of all approved units in any residential specific plan or
qualified subdivision shall be made available to lower income households." The Inclusionary
requirement for this project is based on 15% of the total number of units (250) proposed for
development within this project. This equates to 38 units. The proposed project will provide 50
affordable multi-family units and 28 second units for a total of 78 affordable units which
represents 31% of the total number of units in the project.
This would appear to create 40 excess affordable units in the project. The provision of these
excess units is a part of the tradeoff for transferring residential units to this site from the City's
'excess dwelling unit bank' per City Council Policy No. 43 for the Northeast Quadrant of the
City. This is discussed in detail in a later section of this staff report.
The specific details regarding the size and location of the 78 affordable units will be discussed in
the portion of the staff report dealing with the Tentative Map and Site Development Plan. The
timing and phasing of affordable units will be provided for in the required affordable housing
agreement for the project. This project would therefore be consistent with the Housing Element.
In addition, the project is in compliance with Housing Goal 2, which provides that new projects
be developed with a diversity of types, prices, densities and locations sufficient to meet the
EIR 98-01/GPA 96-01/ZCr96-01/SP 190(B)/LFMP 87-15(B)/CT 9M2/SDP 97-02/PUD 96-
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demands of anticipated City and regional growth. The proposed project provides a variety of
housing types, and densities including multiple family and single family developments at
densities ranging from 5.3-22.9 dwelling units per acre.
The proposed 50 unit apartment project has a density that exceeds the Growth Management
Control Point. Housing Policy 3.7h allows General Plan amendments to increase residential
densities to enable the development of lower income affordable housing through the processing
of a site development plan. The appropriateness of a given site for a higher density affordable
housing project is to be evaluated relative to: (1) the proposal's compatibility with adjacent land
uses; (2) the adequacy of public facilities; and (3) the project site being located in proximity to
employment opportunities, urban services, or major roads. The proposed project site meets these
three criteria as discussed below.
The proposed project site is physically distinct from surrounding land uses due to its adjacency to
a General Plan Circulation Element Prime Arterial, El Camino Real, and a General Plan
Circulation Element Major Arterial, College Boulevard, as well as an open space tributary
drainage course for Agua Hedionda Lagoon and the steep cliffs that fall to it. Due to the
buffering provided by the natural and man-made environments described above, the proposed
high density land uses are compatible with adjacent land uses.
Converting the planned land use on the subject property from office and related commercial to
residential will revise the demand for public facilities as discussed within the Growth
Management Section of this report. However no project specific facilities impacts are
anticipated because public facilities have been or will be adequately sized to accommodate the
maximum development allowed under the General Plan and Proposition E for the Northeast
Quadrant (including all dwelling units within the City's Excess Unit Bank). The allocation of
dwelling units to this property simply shifts these unused excess dwelling units from one area of
the quadrant to this site, and does not create an overall increase in demand beyond the
projections contained in the Citywide Facilities and Improvements Plan. Therefore sufficient
facilities are either already in place or will be provided concurrent with this project. As
discussed above, Citywide and Northeast Quadrant dwelling unit caps will not be exceeded with
the approval of this General Plan Amendment and associated residential project.
The site is appropriate for a higher density residential use and complies with the General Plan
location criteria for affordable housing in that the site is located adjacent to circulation element
roadways to allow access to public transportation and both commercial and industrial land uses
for employment opportunities.
GENERAL PLAN AMENDMENT
There are three primary issues related to the proposed General Plan Amendment from
Commercial, Office and Residential High Density to Residential High and Residential Medium
Density: (1) an elimination of commercial and office uses; (2) an increase in the amount of
residential development within the boundaries of the site; and (3) an allocation of 229 units from
the 'excess dwelling unit bank' per City Council Policy No. 43. These issues are discussed as
EIR 98-01/GPA 96-01/Z(S^-01/SP 190(B)/LFMP 87-15(B)/CT 9^2/SDP 97-02/PUD 96-
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follows:
1. Elimination of Commercial and Office Uses
This site is currently designated for development with a mixture of Commercial.
Residential High, and Office Uses. The proposed General Plan amendment will
eliminate the Office (O) and Commercial (C) designations from this site, and allow
it to be developed with a combination of residential uses. The elimination of the
'office' land use designation would preclude the previously approved multi-tenant,
professional office and commercial buildings from developing on this site. The
Economic Development Department indicates that there is no shortage of
professional office space in the City and that the department has not received
inquiries regarding this type of office use. The elimination of office uses will also
reduce office employment opportunities on the project site, however, there will be
many employment opportunities offered nearby in Local Facilities Management
Zone 5. The commercial uses proposed were ancillary to the office uses of the zone
and included restaurants and a hotel. It should be noted that a hotel is developing
close to this site at the intersection of Faraday Avenue and College Boulevard, and
the adjacent retail commercial site proposes a number of potential restaurants which
should meet any perceived need for these type establishments. In addition, based on
the fiscal impact analysis prepared for this project, this change will not result in
significant fiscal impacts to the City. Furthermore, the proposed land use changes
do not result in any significant changes in public facilities requirements.
2. Increased Residential Development
The proposed General Plan Amendment will increase the residential density on this
site. The majority of the site was covered by the previously approved Sycamore
Creek Specific Plan. This Specific Plan was approved prior to Growth
Management. When the Zone 15 LFMP was prepared for this portion of the City,
public facility impacts within the property were based on the land uses approved in
the Sycamore Creek Specific Plan. Although this site had a split General Plan
designation of RH/C/O, no residential units were assigned to this site since the
approved Sycamore Creek Specific Plan did not contain any residential units.
The proposed project includes the area covered by the Sycamore Creek Specific
Plan as well as the 3.43 acre Pillsbury property which was not a part of this specific
plan. The Pillsbury property has a General Plan designation of RH/C/O and a net
acreage of 2.63. The Zone 15 LFMP assumed that up to 21 units could be
developed on that property. The proposed General Plan Amendment will transfer
229 units onto the project site from 'the excess unit bank' in the Northeast Quadrant
of Carlsbad. This transfer of unhs is discussed in detail in the following section.
EIR 98-01/GPA 96-01/ZC%-01/SP 190(B)/LFMP 87-15(B)/CT 96'1)2/SDP 97-02/PUD 96-
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Allocation of Excess Dwelling Units Under City Council Policy 43.
City Council Policy 43 establishes priority levels for the allocation of excess
dwelling units within each quadrant of the City. The priorities were provided as a
way to address the issue of having only a limited number of excess dwelling units in
a quadrant, at any particular time. As stated in Policy 43: "If there are only a
minimal number of excess units available in a quadrant, then the units should only
be used for a First Priority projecf (such as affordable housing). Conversely, if
there are a substantial number of excess units available in the quadrant, allocation to
a Second or Third Priority project is the first priority under Policy 43. The
conversion of a non-residential use to residential use is considered a Priority 3
project under Policy 43.
As of January 1, 1997, there were 339 units in the "excess unit bank" for the
Northeast quadrant according to the Growth Management Update Report. However
this number did not take into account all of the excess units that were created by
tuming the 893 unit Carlsbad Highland project into a habitat mitigation bank. In
addition, it did not take into account excess units created by projects that were
approved below their growth control points in the Northeast Quadrant of the City
that had not obtained building permits. Flirthermore it is highly likely that a
substantial number of additional units will be created when additional acreage in the
Northeast Quadrant of the City is set aside for habitat corridors to complete
Carlsbad's Habitat Management Program. Therefore, staff believes that there are
more than sufficient units in this quadrant to allow for the proposed dwelling unit
fransfer to this site.
The approved Zone 15 Local Facilities Management Plan allocated a maximum of
21 units to this site. This proposed 250 unit project therefore exceeds the Growth
Management Control Point by 229 units. This density increase of 229 units may be
approved by the City Council under City Council Policy 43. The transfer of 229
units to this site will leave 165 existing units in the City's "excess dwelling unit
bank" for the Northeast Quadrant.
This project is required to provides a minimum of 15% of its total units (250 x 15%
= 37.5 units) as affordable to lower income households. Accordingly the proposed
excess dwelling units are for the purposes of developing affordable as well as
market rate units. As proposed the project will provide 50 affordable apartment
units and 28 second dwelling units. This will result in 78 dwelling units or 31% of
the total project units being affordable to lower income households. Because this
project is providing in excess of twice its minimally required number of affordable
dwelling units, staff recommends support of the request to transfer 229 units out of
the excess dwelling unit bank for the Northeast Quadrant.
EIR 98-01/GPA 96-01/Z(>%-01/SP 190(B)/LFMP 87-15(B)/CT 9^2/SDP 97-02/PUD 96-
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The General Plan Land Use Map states that depiction of constrained lands should
not be interpreted as representing precise boundaries because it is anticipated that
these will be adjusted as better information becomes available through more field
work, environmental analysis, etc. It goes on to state that the adjustment of
constrained open space boundaries does not need to comply with the boundarv
adjustment procedures of the Open Space and Conservation Element unless the
constrained lands were approved as General Plan open space through a project
specific General Plan amendment. There has been no Sunny Creek/Sycamore
Creek project specific General Plan amendment prior to this action that depicted
constrained open space. The specific constraints that are represented on the
General Plan map reflect the floodway and an oak woodland on a steep slope
adjacent to the Agua Hedionda drainage. This General Plan Open Space will
remain in permanent open space, therefore no adjustment is required to the
boundaries of the Open Space as depicted on the General Plan Land Use Map.
C. CARLSBAD MUNICIPAL CODE, TITLE 21, CHAPTER 21.52, ZONING
AMENDMENTS
The applicant is requesting approval of a Zone Change as described in the project description and
background section of this report. The Zone Change is necessary to achieve consistency with the
proposed General Plan as the zoning designations shown on the Exhibit attached to Planning
Commission Resolution No. 4289 implement the General Plan designations shown on the
Exhibit attached to Planning Commission Resolution No. 4288. The residential uses allowed by
the proposed zone change are compatible with surrounding existing and proposed residential and
nonresidential uses as noted in the previous discussion on the General Plan. The Zone Change to
Residential Density Multiple (RD-M) is appropriate because the RD-M zone is a small lot single
family and multi family zone which provides standards to enable the development of such
projects upon properties which are designated for higher residential density use by the General
Plan. Accordingly the RD-M zone would be consistent with both of the proposed RM and RH
General Plan land use designations for the site.
The proposed zone change is consistent with the goals and policies of the various elements of the
General Plan, in that rezoning the site as proposed will:
1. provide for the development for a variety of land uses which have been carefully
plaimed to maximize the best use of the site, and confribute to the economic
viability of the city in compliance with Goal A.3 of the Land Use Element;
2. provide new housing with a diversity of types and prices in that the project includes
both multiple family attached and single family detached housing types at densities
ranging from 5.3 du/ac to 22.9 du/ac in compliance with Goal 2 of the Housing
Element;
O Q
EIR 98-01/GPA 96-01/ZC 95-01/SP 190(B)/LFMP 87-15(B)/CT 96?02/SDP 97-02/PUD 96-
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3. provide 31% of all units approved as affordable to lower income households which
is more than double that minimally required by Policy 3.6.a of the Housing
Element; and
4. provide an adequate circulation infrastructure concurrent with or prior to the actual
demand for such facilities as this project is conditioned to complete its fair share of
circulation infrastructure as described in the Zone 15 LFMP consistent with
Objective B.l and Policy Cl of the Circulation Element.
D. SYCAMORE CREEK SPECIFIC PLAN AMENDMENT
The Sycamore Creek Specific Plan covered most of this 39.9 acre site as well as a 19.0 acre
commercial site on the west side of the future extension of College Avenue. The proposed
amendment to the Sycamore Creek Specific Plan is to delete it.
The Sycamore Creek Specific Plan was originally prepared because the Land Use Element of the
General Plan formerly required a specific plan for projects located within the Palomar Airport
Influence Area and because the project site had a combination General Plan designation
(C/O/RH). In that the Land Use Element of the General Plan no longer requires that a specific
plan be processed for parcels of land located within the Airport Influence Area and because the
proposed General Plan Amendment will replace the combination General Plan designations with
specific land use designations, there is no requirement or benefit of maintaining a specific plan
over the subject property. All development proposed on the project site will be processed
through other discretionary permits.
"While this action covers the discretionary requirements for the residential development of this
property, a site development plan and a special use permit for development within the El Camino
Real Corridor would be required to be develop the Commercial site.
The remainder parcel as, certified on CT 96-02, was also a remainder parcel within the context of
the existing specific plan. It requires a specific plan amendment to proceed with any
development on that property and was included solely due to ownership. Even with the
rescission of the specific plan, as the property is within the Airport Influence Area, it will require
a site development plan to proceed to entitlement. The property presently has a R-1-20,000
Zoning and a RLM General Plan Land Use designation.
The existing Specific Plan includes an open space designation over property which generally
corresponds with the floodplain for Agua Hedionda Creek. There are no other environmental
constraints associated with this Specific Plan Open Space. As there are no constraints on
development within floodplains Citywide, outside of the necessity of processing a special use
permit to ensure an adequately engineered site, the developer is requesting that a portion of the
Specific Plan Open Space (floodplain) area be developed with an affordable housing project. For
reference the existing Specific Plan had a commercial hotel and teimis facility and fiiture
commercial of an unspecified nature bordering this open space area, as well as, a large parcel
that was not a part of the specific plan. The floodplain was designated as open space by the
Specific Plan in that it worked well with these land uses without the necessity of development.
EIR 98-01/GPA 96-01/ZcS6-01/SP 190(B)/LFMP 87-15(B)/CT 96^2/SDP 97-02/PUD 96-
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E. LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT (ZONE 15)
An amendment is proposed to the Zone 15 Local Facilities Management Plan (LFMP) to reflect
the proposed changes in land use. The amended zone plan is consistent with the number of units
proposed by the project. The impacts of the proposed project (250 dwelling units) and
compliance with the adopted performance standards when compared to the existing approved
Specific Plan (404,500 square feet of professional and commercial office, 8000 square feet of
restaurants, a 10000 square foot tennis club, and a 122 room hotel) are summarized below:
TABLE - GROWTH MANAGEMENT COMPLIANCE
FACILITY OFFICE/RESIDENTIAL
IMPACTS
COMPLIANCE
City Adminisfration none/ 870 sq. ft. Yes
Library none/464 sq. ft. Yes
Waste Water Treatment unknown**/250 EDU Yes
Parks none/1.8 ACRES Yes
Drainage Agua Hedionda Lagoon
Watershed
Yes
Circulation 12496 ADT Yes
Fire Station #5 Yes
Open Space 6 Acres Yes
Schools $169,000/ CUSD; students* Yes
Sewer Collection System unknown**/55,000 GPD Yes
Water unknown**/90,500 GPD Yes
* since this project requires a legislative action it will be su jject to school fees and/or other
school mitigation requirements, the exact amount of which cannot be determined at this
time.
since the existing project included restaurants, where the determination is based on tables
the number of which is not known, and a hotel, the square footage and specific ancillary
uses of which are indeterminable, an evaluation of the impact based on equivalent dwelling
unit is not possible at this time.
As indicated, the primary issue in regard to the facilities plan for Zone 15 is traffic generation.
The following table compares the traffic generation of the approved Local Facilities Management
Plan for Zone 15 with the proposed amendment:
o EIR 98-01/GPA 96-01/ZC^-Ol/SP 190(B)/LFMP 87-15(B)/CT 9^/SDP 97-02/PUD 96-
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PROJECT PER
THE
APPROVED
ZONE 15 LFMP
PROPOSED
PROJECT
DIFFERENCE
TOTAL ADT (Average Daily Trips) 12,496 2,188 -10.308
A.M. PEAK HOUR TOTAL ADT 1,319 183 -1,136
P.M. PEAK HOUR TOTAL ADT 1,435 229 -1,206
As is evident from the comparison of fraffic generation, the proposed project will result in a
significant reduction in fraffic generated from this site. All growth management performance
standards will be complied with.
F. TENTATIVE TRACT MAP
General Plan
The Terraces at Sunny Creek will be consistent with the applicable policies and programs of the
General Plan. Particularly relevant to the proposed single family community abutting a prime
circulation arterial roadway are the Land Use, Housing, Circulation, and Noise Elements of the
General Plan.
Element Use Classification, Goal,
Objective or Program
Proposed Land Use And/Or
Improvements
Compliance
Land Use
RM (4 - 8 Dwelling Units/Acre)
RH (15 - 23 Dwelling Units/Acre)
5.3 du/acre including second
dwelling units for single family
dwellings; 22.9 du/acre for multi-
family site.
Yes
Land Use
Ensure that all hillside
development is designed to
preserve the visual quality of the
pre-existing topography.
The grading design will be
consistent with the approved
Hillside Development Permit.
Yes
Land Use
(Continued)
Permit the approval of
discretionary actions and the
development of land only after
adequate provision has been made
for public facilities and services in
accordance with the Growth
Management public facility
standards.
The project is conditioned to
construct/install all public
facilities necessary to serve the
subdivision. Citywide and
quadrant-wide public facilities are
adequate to satisfy the additional
demand; therefore the project is
consistent with the Zone 15
LFMP.
Yes
EIR 98-01/GPA 96-01/Z(?«9'6-01/SP 190(B)/LFMP 87-15(B)/CT 9r62/SDP 97-02/PUD 96-
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Element Use Classification, Goal,
Objective or Program
Proposed Land Use And/Or
Improvements
Compliance
Housing Ensure that all qualified
subdivisions provide a range of
housing for all economic income
ranges. A minimum of 15% of all
units approved in master plan
communities shall be affordable to
lower income households.
Seventy-eight (31%) of the units
in the project will be affordable to
low income households.
Yes
Circulation Require new development to
construct all roadways necessary
to development prior to or
concurrent with need.
The project is conditioned to
complete all necessary street
improvements prior to occupancy
of any unit in each phase.
Yes
Noise 60 dBA CNEL is the exterior
noise level and 45 dBA CNEL is
the interior noise level to which
all residential units should be
mitigated.
The project provides mitigation to
reduce noise levels to 60 dBA
within the usable yard area of lots
abutting El Camino Real and
College Boulevard, and the
project is conditioned to require
compliance with the 45 dBA
interior noise standard.
Yes
Subdivision Ordinance (Thle 20 ofthe CMC)
The Carlsbad Municipal Code requires a subdivision map to be filed in accordance with Title 20
for any subdivision project. As conditioned, the proposed tentative map is in compliance with
the City's Subdivision Ordinance in that the lots are in accordance with the provisions of Title 21
(including the Planned Development Ordinance) and all of the necessary infrastmcture
improvements will be provided. The findings required by Title 20 can be made for this project
and are contained in Planning Commission Resolution No. 4292, dated May 20, 1998.
G. PLANNED DEVELOPMENT PERMIT
Planned Development Ordinance
The Planned Development Permit covers the single family portion of the project and the adjacent
conmiercial site, a portion of which is used for the provision of recreational vehicle parking. As
mentioned previously, this area will be developed with 172 single family homes, 28 of which
will have second units. The minimum lot size is 3,870 square feet with the lots averaging 6,780
square feet in size. The single family lots will be comprised of a Z-lot line configurations for
side lot lines. This provides the opportunity to create private usable side yards as well as rear
yards. The intemal circulation system will consist of a gate guarded private street system.
The following table summarizes Terraces at Suimy Creek's compliance with the Planned
Development Ordinance development standards:
o
C9B-
EIR 98-01/GPA 96-01/ZC^-Ol/SP 190(B)/LFMP 87-15(B)/CT 97-02/PUD 96-
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PLANNED DEVELOPMENT ORDINANCE COMPLIANCE
Standard Required Proposed
Lot Size (min.) 3,500 square feet 3,870 square feet minimum
Front Yard Setback 20 Feet when garage faces
directly onto a sfreet
20 feet minimum
Building Separation 10' minimum 15' minimum
Building Height 30 feet maximum 30 feet maximum
Private Street Width 36 feet (paridng both sides) Private streets with a minimum 36'
Single family parking:
Resident
Guest
2 per unit = 344 spaces
54 spaces
2 car garage/unit minimum - 344
spaces
On-street parking minimum of 54
spaces
RV Storage 20 sq. ft. per unit
172 units X 20 = 3,440 sq. ft.
Reservation of 3,440 square feet
of RV storage area. This
Recreational Vehicle Storage Area
may be relocated to another site
within a one mile radius of the
project, (see discussion below)
Storage Space 392 cubic feet per unit Each unit will have a two car
garage which will provide the
required storage.
Recreational Vehicle Storage
A temporary recreational vehicle storage area will be provided on the vacant commercial
property to the west of the fiiture extension of College Avenue. This property has been included
in the PUD application. When the larger undeveloped properties to the north of this site are
developed it is the applicant's goal to over-size the Recreational Vehicle storage area for that
project to accommodate the Terraces RV storage requirement. Prior to issuance of any Building
Permits the applicant must provide a recorded agreement guaranteeing the availability of this off
site Recreational Vehicle storage. Prior to final map approval, the applicant shall submit for
review and approval by the Planning Director, an agreement which will establish the timing and
phasing of constmction for the recreational vehicle storage facility. Pursuant to the PUD
Ordinance (Sec. 21.45.090) the RV storage will remain on the adjacent commercial site unless
approved for relocation through a PUD amendment. The proposed location of the RV storage at
the northeast portion of the site will not be detrimental to the proposed use and design of the
commercial property since the storage area would be located separate and behind the commercial
stmctures. The storage area has been designed and screened so as to be compatible with the
adjacent uses.
EIR 98-01/GPA 96-01/ZCW6-01/SP 190(B)/LFMP 87-15(B)/CT 97-02/PUD 96-
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H. INCLUSIONARY HOUSING
The Inclusionary Housing Ordinance requires that 15% of the total number of proposed units
must be affordable to low income households. Additionally, 10% of the required affordable units
must be three bedroom units. As mentioned previously, this project will be providing a total of
78 (31%) of the units as affordable to low income households. Twenty eight of these units will
be 610 square feet, one bedroom second units located within the single family portion of the
project. The remaining 50 affordable units will be located in the 2.19 acre multifamily site in the
northerly portion of the project.
The applicant has submitted a Site Development Plan for the affordable multifamily portion of
the project and the 28 Second Dwelling Units in conformance with the requirements of Section
21.53.120 ofthe Carlsbad Municipal Code and indicate specifically where these uses are located.
The 50 units in the multifamily site will be located in three buildings and range in size as shown
below:
UNIT TYPE SQUARE FEET NUMBER OF UNITS
three bedroom 1106 6
two bedroom 811 7
two bedroom 786 12
two bedroom 811 1
one bedroom 636 12
studio 437 12
TOTAL 50
The six 3 bedroom units exceed the City's requirement that 10% of the required affordable units
(four) be provided as three bedroom units.
All of the required resident and guest parking for the 50 apartments will be provided as open
parking on site. A large passive recreation area with a tot lot, outside barbecue and picnic
facilities will be provided near the entrance to this portion of the project. The apartment units
will gain access from the existing Sunny Creek access road. The portion of the Sunny Creek
access road within the project boundaries will be paved to City standards. The project was
reviewed by the Housing Commission on March 12, 1998 and recommended for approval to the
City Council.
I. HILLSIDE DEVELOPMENT PERMIT
A Hillside Development Permit is required for the project as the property contains slopes of 15
percent or more and has an elevation differential greater than 15 feet. The purpose of this permit
is to review the project for conformance with the Hillside Development Ordinance. This Hillside
-01/SP 190(B)/LFMP 87-15(B)/CT 96152 EIR 98-01/GPA 96-01/ZC^-Ol/SP 190(B)/LFMP 87-15(B)/CT 96132/SDP 97-02/PUD 96-
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Development Permit which is being reviewed under the original Hillside Ordinance since the
application was complete prior to the effective date of the revised Hillside Ordinance. The
proposal will allow for the stockpiling of cut material taken from the residential site on the
adjacent commercial site, subject to the subsequent approval of a stockpile permit by the City
Engineer. The development proposal is in conformance wdth the overall intent, purpose and
requirements ofthe Hillside Development Ordinance. The project does not propose alteration of
significant hillside natural resource areas. The project's grading volume of 7,500 cubic yards per
graded acre is defined as "acceptable" pursuant to Zoning Ordinance Section 21.95.060 (j)(3).
The project's hillside slope conditions and undevelopable areas have been identified on the
constraints map. A few steep isolated slopes will be graded as permitted by Section 21.95.090 of
the Carlsbad's Hillside Development Ordinance.
J. SPECIAL USE PERMIT - FLOOD PLAIN
The applicant is requesting approval of two Special Use Permits for grading within the Flood
Plain as required by Chapter 21.110 of the Carlsbad Municipal Code, since these areas are
subject to inundation during a 100 year flood. One of the Special Use Permits is for the grading
required for the development of this project. The other is for the export of dirt from this site to
the adjacent commercial site. The export from the proposed residential development will merely
create a pad on the commercial site, which will raise a portion of it out of the flood plain. A Site
Development Plan has been submitted and is in processing to allow for the development of this
commercial site.
The Federal Emergency Management Agency (FEMA) establishes Base Flood Elevations (BFE)
to determine flood hazard areas. The BFE corresponds to the highest elevation subject to a 100
year flood. A 100 year flood is a flood level which has 1% probability of being equaled or
exceeded in a given year. Properties are designated by FEMA to be subject to a 100 year flood
when their lowest grade, or lowest finished floor of a structure, is equal to or less than the BFE.
The proposed grading work will have a minimum finished elevation range of 74.5 to 81.7 feet
and a range of 4.0 to 7.5 feet respectively above the 100 year flood elevation for the Flood
Hazard Area within the project along the site's northem edge.
In summary, staff believes the proposed project will not have any developed area inundated in a
100 year flood and would not adversely impact other properties in the vicinity, based on the
Engineering analysis. The EIR prepared for this project supports these conclusions.
K. SPECIAL USE PERMITS - EL CAMINO REAL CORRIDOR
The southem edge of the Terraces at Sunny Creek Specific Plan falls within Area 4 of the El
Camino Real Scenic Corridor. The El Camino Real Scenic Corridor Development Standards
require approval of a Special Use Permit for all development within 500 feet of the right-of-way
of El Camino Real when downslope condition exists. The majority of the southem edge of the
Specific Plan is above El Camino Real. The Special Use Permit is required to assure compliance
EIR 98-01/GPA 96-01/ZCSF6-01/SP 190(B)/LFMP 87-15(B)/CT 9^2/SDP 97-02/PUD 96-
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Page 19
with the requirements of the corridor's development standards. However the development
standards anticipated industrial office development and speaks to a campus type design theme.
The applicable standards refer to design theme, signage, grading, setbacks, street fumiture and
roof equipment.
As proposed and discussed within the approving SUP resolution, the Terraces complies with all
applicable requirements ofthe El Camino Real Design Guidelines-
V. ENVIRONMENTAL REVIEW
An Environmental Impact Report was prepared for the project as described previously in this
report. The Program EIR was prepared in accordance with the Califomia Environmental Quality
Act (CEQA) of 1970; the Guidelines for the Implementation of the Califomia Environmental
Quality Act (CEQA Guidelines) published by the Resources Agency of the State of Califomia;
and the City of Carlsbad Environmental Protection Ordinance (Chapter 19.04 of the Carlsbad
Municipal Code). Ten environmental issue areas were analyzed. Significant cumulative impacts
to air quality and traffic were identified. A statement of overriding considerations must be
adopted to approve the project and has been prepared, along with Candidate Findings of Fact,
and a Mitigation Monitoring and Reporting Program.
ATTACHMENTS:
1. Planning Commission Resolution No. 4287 (EIR 98-01)
2. Planning Commission Resolution No. 4288 (GPA 96-01)
3. Planning Commission Resolution No. 4289 (ZC 96-01)
4. Planning Commission Resolution No. 4290 (SP 190(B))
5. Planning Commission Resolution No. 4291 (LFMP 87-15(B))
6. Planning Commission Resolution No. 4292 (CT 96-02)
7. Planning Commission Resolution No. 4293 (SDP 97-02)
8. Planning Commission Resolution No. 4294 (PUD 96-02)
9. Planning Commission Resolution No. 4295 (HDP 96-02)
10. Planning Conunission Resolution No. 4296 (SUP 96-01)
11. Planning Commission Resolution No. 4297 (SUP 96-02)
12. Planning Commission Resolution No. 4298 (SUP 96-03)
13. Location Map
14. Background Data Sheet
15. Local Facilities Impact Assessment Form
16. Disclosure Statements
17. City Council Policy 43
18. Reduced Exhibits
19. Sycamore Creek Specific Plan, dated May 1, 1984 (previously distributed)
20. Zone 15 Local Facilities Management Plan, dated May 20, 1998 (previously distributed)
21. Terraces at Sunny Creek Final Environmental Impact Report, dated May 20, 1998
(previously distributed)
22. Exhibits "A" - "FFF", dated May 20, 1998
BH:kc:mh
TERRACES AT SUNNY CREEK
EIR 98-01/GPA 96-01/ZC 96-01/SP 190(B)/
LFMP 87-15(B)/CT 96-02/SDP 97-02/PUD 96-02/
HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03
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: Terraces at Sunnv Creek EIR 98-01/GPA 96-01/ZC 96-01/LFMP 87-
15rBVSP 190rBVCT 96-02/SDP 97-02/PUD 96-02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-
03
LOCAL FACILITY MANAGEMENT ZONE: 15 GENERAL PLAN: RH/RM
ZONING: RD-M
DEVELOPER'S NAME: CanAm c/o Grosse Develot>ment
ADDRESS: 5850 Avenida Encinas Carlsbad Califomia 92008
PHONE NO.: (760)4383141 ASSESSOR'S PARCEL NO.: 209-060-59.209-090-01 thru 12
QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 250 dwelling units
ESTIMATED COMPLETION DATE: unknown
A.
B.
C.
D.
E.
1.74
equivalencv
F.
G.
H.
1.
2188
K.
L.
City Administrative Facilities: Demand in Square Footage = 870
Library: Demand in Square Footage = 464
Wastewater Treatment Capacity (Calculate with J. Sewer) 250 edu
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin = Agua Hedionda
(Identify master plan facilities on site plan)
Circulation: Demand in ADT =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No.
Open Space: Acreage Provided =
Schools:
(Demands to be determined by staff)
Sewer: Demands in EDU
Identify Sub Basin =
(Identify tmnk line(s) impacted on site plan)
Water: Demand in GPD = 90.500
= 5
N/A
Carlsbad Unified
250
D
The project is 229 units above the Growth Management Dwelling unit allowance.
Planninq Department
DISCLOSURE STATEMENT
/ 4?WjCANrs STATeMENT OF 3ISCLCSUPE OF CERTAIN OWNERSHIP WEPESTS ON Hi. APPUCATIONS WHiCM WlCT SEQU:C=
:«csrriCNA«Y ACTION ON TKE PART OF TVE OTY COUNOU OR ANY APPOINTED BOARD, COMMISSION OR ccMMrrrEE
fPlease Punt)
The following information must be disclosed:
1.
3.
4.
Applicant
List the names and acldresses of ail persons having a financial interest in the appiication. CanAm Propertxes, L.L.C.
5850 Avenida Encinas
Suite A
Carlsbad, CA 92008
Owner
Ust the names and addresses of ail persons having any ownership interest in the property involved.
CanAm Propertiesy L.L.C.
5850 Avenida Encinas
Suite A
r^-rl ..h;.ri. CA 92008
5040 Cliff Place
San Diego, CA TZTW
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partr.srsr.:p
interest in the partnership.
If any person identilled pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or berwfioary
of the trust
FRM00013 8/90
2075 Las Palmas Oriva • Carls&ad. California 92009-4859 • (619) 438-1161
Josurv Statement
fOver;
Page 2
Have you had more than S250 worth of business transacted with any member of City staff. Scare-
Commissions. Committees and Council within the past tweh/e months? • >.„ .
Yes No If yes. piease indicate person($)^
P£rteni«dafin«du: •Mf'«a«^u^fiw».eoo«rtn«fthip.,«imv«itur..«Moei«i^ 5^,^
r»c«iv«r. synoicu*. and wty aw«r eeurny. eny •no ceumy. eny munwipiMy. oigma. of otftM political Mibdiviwen. er any oinar grouo or
centBinatten acting aa a UML*
(NOTE: Attach additional pages as necessary.)
CanAm Properties, L.L.C.
Signature of Owner/data
CanAm Properties, L.L.C.
By
Signature of applicant/date
Print or type name cf owner
i:g>i;SpireJit Owne'r/elate'
Marjess J. Evans
Print or type name of owner
Print or type name of applicant
CanAm Properties, L.L.C.
ignature of applicarit/date
By
signat
Russell W. Grosse
Print or type name of applicant
FRM00013 8/90
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No. 43
Page 1 of 2
Date Issued kill 1^1
Effective Date 4/22/97
Cancellation Date_
Supersedes No
General Subject:
Specific Subject:
Proposition E "Excess" Dwelling
Unit Allocation
Formal Procedure Establishing
Guidelines for Allocation of*
Proposition E "Excess" Dwelling
Units
Copies to: City Council, City Manager, City Attomey, Department and Division Heads,
Employee Bulletin Boards, Press, File
PURPOSE
To establish guidelines for allocation of "excess" dwelling units when, following the adoption
of all residential Local Facilities Management Plans within a quadrant, the Proposition E
quadrant cap is greater than the number of dwelling units approved or issued after November
4,1986, plus the allowable units perthe Growth Management Control Points.
STATEMENT OF POLICY
Although it should not be mandatory that excess dwelling units be allocated if they become
available and it would be desirable to not attain the ultimate residential dwelling unit caps
established by the adoption of Proposition E, the following criteria is established to determine
eligibility for consideration of "excess" dwelling unit allocation, subject to the required findings
in Proposition E.
Projects eligible for consideration in order of priority include:
First Prioritv
1. Housing development for lower-income households where allowable housing
expenses paid by the qualifying household does not exceed thirty percent (30%) of
the gross monthly income, adjusted for household size, at eighty percent (80%) of the
county median income.
Density transfers, clustering of development and dwelling unit locational adjustments
which are proposed in order to preserve larger areas of sensitive habitat.
Infill Single Family Subdivisions that meet all development standards and where
proposed lot sizes will be equal to or greater than adjacent subdivided properties.
U^CCTOUCY DOC
Page 2 of 2
1. Senior citizen housing as defined by Carisbad Municipal Code Section 21.18.045.
2. Transit oriented development projects where increased residential density is being
placed in close proximity to major transit facilities and commercial support services.
3. Projects within the existing general plan density range that provide, without
compensation, for some significant public facility not required as part of the
development process.
Third Prioritv
1. Housing development for moderate income households where allowable housing
expenses paid by these qualifying household does not exceed thirty percent (30%) of
gross monthly income, adjusted for household size, at 120 percent (120%) of the
county median income.
2. Projects proposing a zone change from non-residential to residential based upon the
following findings:
a. The property was zoned for other than residential use on July 1986.
b. The property is compatible for residential use without significant mitigation.
c. The density of the project does not exceed the Growth Management Control
Points of any adjacent residential property.
Infill multi-family projects that meet all development standards and where the resulting
density does not exceed adjacent, existing multi-family projects.
Appiication of the priority levels should be based on the total number of excess units
available in a quadrant. The purpose of having three priority levels is to address the issue of
having only a minimal number of excess units available in a quadrant at any one particular
point in time. If there are only a minimal number of excess units available in a quadrant, then
the units should only be used for a First Priority project. Conversely, if there are a substantial
number of excess units available in the quadrant, allocation to a Second or Third Priority
project is acceptable.
Regarding the use of excess dwelling units for affordable housing, the intent of this policy is
to work in conjunction with and to aid in implementing the programs of the Housing Element
including the Inclusionary Housing Ordinance and the Density Bonus Ordinance. If a
substantial allocation of excess dwelling units are being requested pursuant to item no. 1 of
the First Priority, the project should then, however, exceed the basic numerical requirements
of these ordinances regarding the provision for lower income units.
'C iivluIKyi^USEIUMPAULVWOItDuUUUBwVCCrOLICY DOC
rEIMITATlVE MIA , - CAini SIBAO
CtNERAL NOTES:
PliO^llIlt UhiKM PVMt DCS^-MllOH C. MH MM
DOi^lli KHu'lllO • UHIFS Pifl MM! / II Ut«IS KR M.1t
" JHDWIi [ Jt } it
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THE
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PjllD. 96-
T-IRRACES AT SUNNY :FSEF-K
PUBLIC UTILITIES AND DISTRICTS:
oriuo CAS iM) lilcitK co**c*.-rt
PACltlC MIL llliKlHJ^ tt'Wt'Wfl'
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I.IIT tM Uitt SlMP
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VICINITY MAP
OWNER/SUBDIVIDER:
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, ir / si:_
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(PU«JC) fUBUC_UllLllI_4
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LL^iyiflfl.RlAL ilBEtl-SECHQt)
ENGINEER OF WORK:
^ <JIMH (>'.)MHt
EfiiyAIt 5ISEXI5
LEGAL DESCRIPTION:
A hH OliKK Ut IIM CUUNTI *M] luis t liiHu 1(1 u cr 11-la IIN UA lJ)IM.f <X ll'l LUUhll HICUKUN U< SAH I
LEGEND:
f-ftujfCI WIlHUMIi
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GENERAL DESIGN:
• IK U«tl(jMM SIMI UCU>^ AURIMMlS U *KtvULAWI Ulim L
ilMtl HC'lt ut MAI WUIKS *i UKJMC.II HeKJO itl.l«JHM
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fM'.^ OHAUS SXCMN AMI AH-t">UMAII AMI 'llD<lt(l IU (.'M'.l (I <
(••'..IIHC lU-UCHM^II tHH MHuk XMA •
MialH. HAIIH AMI VKJfU IMK lAlUur Mil SlllUII-l IO l.'W*,! «
uoiHiiM WNLii lAUi' lOT -in la/o If
All r^O-U^U UllltIS IU U UtriJI H'JcUlHtU
Cul M<U III SiWt^ AS SIICM'I ^ rvi b<JtlS R V >N <N
ilOH il .i l'i*« < m iii«.iii UxliN
1% kiiim iia^ n NUI i-(i^»ijii.
6
®
INDICATES UNIT NUMBER
INDICATES SHEET NUMBER
INDICATES UNIT BOUNDARY
INDICATES SHEET BOUNDARY
INDICATES AFFORDABLE DWELLING UNIT
PUNNING DKI'AHTMtNT AltKOVAl,
«CUMJUS W . _ . W ^'J(JU W •,CW[l'l'0
"" I [' •'' rL.?.':'.!; M'l'ii! '^''11'-'
IRTtnvI UAI' inr UK CAHf.siMi) IUALT NO un n Illf. 'IKKKAi.-K'S OK ;;TltJfU ' KhfK
J* M I) IIO W
The Terraces at Sunny Creek
Project Acreage = 40.5
Existing General Pian = RH/C/O
Proposed General Plan = RM
1" = 500'
44[ Hofman Planning
Associates General Plan
Oceanside
The Terraces
at
Sunny Creek
San Marcos
S.D.
County
San
L Marcos
Encinitas
NORTH
NO SCALE
NOTE: ALL LOCATIONS APPROXIMATE
Hofman Planning
Associates Project Location Map
FACING WEST FACING WEST