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HomeMy WebLinkAbout1996-02-08; Housing Commission; Minutes-- Minutes of: HOUSING COMMISSION Time of Meeting: 6:OO P.M. Date of Meeting: February 8,1996 Place of Meeting: CITY COUNCIL CHAMBERS CALL TO ORDER: Chairman Calverley called the Regular Meeting to order at 6:03 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Scarpelli. ROLL CALL: Present: Chairman Calverley, Commissioners Escobedo, Noble, Rose, Sato, Scarpelli, Schlehuber, and Wellman Staff Present: Evan Becker, Housing and Redevelopment Director Reggie Harrison, Housing Program Manager Debbie Fountain, Senior Management Analyst Leilani Hines, Management Analyst COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: Chairman Calverley requested that approval of the minutes be moved to the last item. NEW BUSINESS: 1. LCPA 95-09/ZC 93-04/CT 93-09/SDP 93-07/HDP 93-09 - OCEAN BLUFF - Request for recommendation of approval of a 16-unit affordable apartment project to satisfy the affordable housing obligation of the project known as Ocean Bluff. Evan Becker, Housing & Redevelopment Director, reviewed the background of the request and stated that on December 20, 1995, the applicant, Ocean Bluff Partnership, received a recommendation for approval from the Planning Commission for a Tentative Tract Map, Local Coastal Plan Amendment, Zone Change, Site Development Plan, and Hillside Development Permit to subdivide a 31.2 acre parcel into 92 standard single family lots, one open space lot, and one multiple family lot with 16 affordable housing units. The proposed affordable apartments include ten (1 0) one-bedroom, four (4) two-bedroom, and two (2) three- bedroom units. Rents would be affordable to households earning between 50% and 80% of the Area Median Income. Rents will range from $456 to $591 for a three-bedroom unit. As proposed, the project will meet the developer’s obligation under the lnclusionary Housing Ordinance. Mr. Becker discussed the affordable rent structure and other assumptions regarding construction, financing, and operating costs. The cost of the affordable housing will be approximately $86,00O/unit and the developer’s proforma estimates a subsidy gap of approximately $55,00O/unit. He stated that no financial assistance is being requested at this time, but a request could come at a later date. Prior to final map approval, the developer will be required to enter into an Affordable Housing Agreement according to the City’s lnclusionary Housing Ordinance. This agreement will establish the exact timing of project - 1. HOUSING COMMISSION February 8,1996 Page 2 development and other specifics about the project which are legally recorded against the property. Staff recommends approval. After a question and answer period with staff, Chairman Calverley invited the applicant to speak. Jack Henthorn , representing the Ocean Bluff Partnership, addressed the Commission and described various affordable housing issues and funding for the project. Several funding options are being considered, including tax credits and mortgage revenue bonds. Mr. Henthorn stated that it could be a combination of different types of funding. Management of the affordable housing would probably be done by an outside entity similar to the MAAC Project. One Commissioner was concerned about the segregation of the affordable housing units. She would prefer to see the affordable housing integrated throughout the project. Chairman Calverley opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Chairman Calverley declared the public testimony closed and opened the item for discussion among the Commission members. ACTION: Motion by Commissioner Scarpelli, and duly seconded, to adopt Housing Commission Resolution No. 96-001, recommending approval of 16 affordable apartment units (SDP 93-07) within the Ocean Bluff project in order to satisfy an affordable housing obligation under the City's lnclusionary Housing Ordinance. Calverley, Escobedo, Noble, Rose, Sato, Scarpelli, Schlehuber, Wellman VOTE: 8-0 AYES: NOES: None ABSTAIN: None 2. CT 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST - Request for recommendation of approval for Emerald Ridge West to build second dwelling units and purchase an Affordable Housing Credit in the Villa Loma project, to satisfy the affordable housing obligation of the project known as Emerald Ridge West. Debbie Fountain, Senior Management Analyst, reviewed the background of the request and stated that on January 17, 1996, the applicant, MSP California, received a recommendation for approval from the Planning Commission for a Tentative Tract Map, Site Development Plan, and Hillside Development Permit to subdivide the subject property into 61 single family lots and one (1) open space lot, to create a 27.4 acre remainder parcel, and to provide nine (9) future second dwelling units. The affordable housing project is proposed to satisfy the inclusionary housing requirement of the Emerald Ridge West project. Ms. Fountain stated that the developer's 15% inclusionary requirement is 10.764 dwelling units which, according to the lnclusionary Housing Ordinance, must include one (1) three-bedroom unit. The proposed affordable project includes nine (9) second dwelling units and the proposal to purchase one (1) housing credit in an offsite affordable housing project to meet the requirement to provide one three-bedroom unit. The remaining .764 fraction of an inclusionary housing dwelling unit would be satisfied through the payment of a fee equal to the fraction times the average subsidy needed to make a newly constructed typical housing unit affordable to a lower-income household. The nine (9) second dwelling units will be affordable to households earning 80% of the Area Median Income. No financial assistance is being requested at this time, but this does not rule out a request at a later date. An Affordable Housing Agreement will be required. Evan Becker, Housing 8, Redevelopment Director, led a discussion regarding second dwelling units. He discussed the proposed zone code amendment which the Planning Commission had denied at their February 7, 1996 meeting. That zone code amendment would have required either the main unit or the HOUSING COMMISSION February 8,1996 Page 3 second dwelling unit to be owner-occupied. He discussed some of the reasons why the Planning Commission had denied the amendment. Chairman Calverley invited the applicant to speak. Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Suite 300, representing MSP California, addressed the Commission and stated that the applicant has taken much care to integrate the second dwelling units throughout the project. Mr. Ladwig feels that both products can co-exist in this project without impacting designed to have access to the main unit. Each unit having a second dwelling unit would have a double garage and a single garage, with the single garage being dedicated to the affordable unit. A homeowner’s association would be responsible for slope maintenance only. one another. In many cases, the second dwelling unit sits over the garage but it could be Commissioners queried Mr. Ladwig about various issues, Le. how to ensure that the unit will remain affordable for 55 years and owner responsibilities regarding the third garage. Mr. Becker stated that second dwelling units are permitted by state law but the law does not require that they be monitored. Chairman Calverley opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Chairman Calverley declared the public testimony closed and opened the item for discussion among the Commission members. ACTION: Motion by Commissioner Sato, and duly seconded, to adopt Housing Commission Resolution No. 96-002, recommending approval of nine (9) second dwelling units and the purchase of one (1) credit for a three-bedroom unit offsite (SDP 96-06) within the Emerald Ridge West project in order to satisfy an affordable housing obligation under the City’s lnclusionary Housing Project. Calverley, Escobedo, Noble, Rose, Sato, Scarpelli, Schlehuber, Wellman VOTE: 8-0 AYES: NOES: None ABSTAIN: None 3. 1996-97 HOME PROGRAM - Request for approval of a recommendation of projects and funding allocations for the City of Carlsbad’s 1996-97 HOME Investment Partnership Program. Leilani Hines, Management Analyst, reviewed the background of the request and stated that on June 20, 1995, the City Council approved Carlsbad’s participation with the cities of Encinitas, Santee, and Vista and the County of San Diego to form a consortium for the purpose of increasing the local supply of decent affordable housing to low and very low income persons. As a participant in the HOME Investment Partnership Consortium, the City will receive federal HOME funds to provide affordable housing opportunities for lower income households in the approximate amount of $1 76,700. Ms. Hines reviewed several of the affordable housing ideas currently under consideration for Carlsbad using HOME funds. She stated that $17,670 (10%) of the proceeds will be used to cover administrative costs incurred by the City for overall management, monitoring, and evaluation of the HOME program. She advised the Commission that the HOME program has no impact on the General Fund. Chairman Calverley opened the public testimony and issued the invitation to speak. There being no persons desiring to address the Commission on this topic, Chairman Calverley declared the public testimony closed and opened the item for discussion among the Commission members. - .. .' HOUSING COMMISSION February 8,1996 Page 4 ACTION: Motion by Commissioner Scarpelli, and duly seconded, to accept the public comments regarding the City of Carlsbad's housing and community development needs and proposals submitted for funding under the HOME Investment Partnership Program and adopt Housing Commission Resolution No. 96-003, recommending to the City Council the projects and funding allocations for the City of Carlsbad's 1996-97 HOME Investment Partnership Program. Calverley, Escobedo, Noble, Rose, Sato, Scarpelli, Schlehuber, Wellman VOTE: 8-0 AYES: NOES: None ABSTAIN: None INFORMATION/DISCUSSION ITEMS: 4. STATUS REPORT ON SECTION 8 FAMILY SELF-SUFFICIENCY PROGRAM Reggie Harrison, Housing Program Manager, reviewed the Section 8 Family Self-Sufficiency Program (FSS) and stated that it is a mandate of the Department of Housing and Urban Development (HUD) and is designed to enable a minimum of thirty (30) unemployed, underemployed, or undereducated Section 8 Housing Participants to achieve economic independence from welfare and rental assistance. Participants receive assistance in removing bamers that prevent them from engaging in job-training programs, educational programs, and/or employment opportunities. Lifeline Community Services was awarded the contract to administer the FSS Program for the City of Carlsbad effective January 3, 1995. 5. UPDATED STATUS REPORT ON VARIOUS AFFORDABLE HOUSING PROJECTS AND PROGRAMS Evan Becker, Housing & Redevelopment Director, reviewed the status report on various affordable housing projects and programs currently under review or in process. He noted that second dwelling units are gaining interest by developers. 6. HOUSING COMMISSION POLICIES AND PROCEDURES Evan Becker, Housing & Redevelopment Director, led a discussion on the Housing Commission policies and procedures. Two Commissioners were concerned that Housing Commission Minutes were being fowarded to the City Council prior to being approved by the Commission. Mr. Becker explained that when a scheduled Housing Commission meeting is canceled, it is sometimes necessary to include copies of the Draft Minutes in an agenda packet. Otherwise, a project could be severely delayed until Minutes could be approved. Chairman Calverley and Commissioner Wellman would like to see draft minutes within two weeks of a meeting. ACTION: Motion by Commissioner Wellman, and duly seconded, that staff provide the Chairman with a draft copy of the Minutes within two weeks of each meeting so that she can suggest revisions before the final Minutes are presented to the Commission. Calverley, Escobedo, Rose, Sato, Schlehuber, Wellman VOTE: 6-2 AYES: NOES: Noble, Scarpelli ABSTAIN: None - ,. .- I I' *' HOUSING COMMISSION February 8,1996 Page 5 APPROVAL OF MINUTES: Commissioner Noble requested a correction to the Minutes of October 12, 1996 on page 4, paragraph one. The first sentence should correctly read, 'Chairman Avis reported that Commissioner Noble had been reappointed as the Planning Commission representative to serve on the Housing Commission for another two year term. ACTION: Motion by Commissioner Noble, and duly seconded, to approve the Minutes of the Regular Meeting of October 12,1996, as corrected. Escobedo, Noble, Rose, Sato, Scarpelli, Schlehuber VOTE: 6-0-2 AYES: NOES: None ABSTAIN: Calverley, Wellman It was noted that Page #5 of the Minutes of November 9,1996 should be renumbered as Page #4. ACTION: Motion by Commissioner Sat0 and duly seconded, to approve the Minutes of the Regular Meeting of November 9, 1996, as submitted. VOTE: 4-0-4 AYES: Escobedo, Rose, Sato, Schlehuber NOES: None ABSTAIN: Calverley, Noble, Scarpelli, Wellman ANNOUNCEMENTS: 7. CHAIRPERSON REPORT - Presentation of Service Appreciation Plaque to Doug Avis. Chairman Calverley presented a service appreciation plaque to Doug Avis who had served as Chairman of the Housing Commission for the year 1995. 8. DIRECTOR REPORT There were no director reports. 9. NEXT SCHEDULED MEETING The next scheduled meeting of the Housing Commission is March 14, 1996. ADJOURNMENT: By proper motion, the Regular meeting of February 8, 1996 was adjourned at 8:02 p.m. Respectfully submitted, EVANBECKER Housing and Redevelopment Director BETTY BUCKNER Minutes Clerk TUB CITT OF CABISW UWSUG & ~DKVBUW~~ DIRAETMSNT A REPORT TO THE HOUSING COMMISSION ItemNo. 1 Staff: Evan E. Becker & Housing & Redevelopment Director DATE: FEBRUARY 8,1% SUBJECT: OCEAN BLUFF AFFORDABLE HOUSING - LCPA 9549/ZC 93-04/CT 93- 09/SDP 9347/HDP 93-09 - Request for recommendation of approval of a 16-unit affordable apartment project satisfying the affordable housing obligation of the project known as Ocean Bluff. I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 96-001, recommending APPROVAL of 16 affordable apartment units (SDP 93-07) within the Ocean Bluff project in order to satisfy an affordable housing obligation under the City’s Inclusionary Housing Ordinance. 11. BACKGROUNJ3 On December 20, 1995, the applicant, Ocean Bluff Partnership, received a recommendation for approval from the Planning Commission for a Tentative Tract Map, Local Coastal Plan Amendment, Zone Change, Site Development Plan and Hillside Development Permit to subdivide a 31.2 acre parcel into 92 standard single-family lots, one open space lot and one multiple-family lot with 16 affordable apartment units. The affordable project, as shown in the Site Development Plan included in the Planning Commission Staff Report (Exhibit 3), is proposed to satisfy the inclusionary housing requirement of the Ocean Bluff project. The developer’s 15% inclusionary requirement is 16.24 dwelling units, which according to the Inclusionary Housing Ordinance, must include two (2), three-bedroom units. The fractional unit may be satisfied by payment of the appropriate fractional amount of the In-lieu Fee established by the Inclusionary Ordinance. The proposed affordable apartments include ten (10) one-bedroom, four (4) two-bedroom, and ,as required, two (2) three-bedroom units. Rents would be affordable to households earning between 50% and 80% of the Area Median Income. As proposed, the project will meet the developer’s obligation under the Inclusionary Housing Ordinance. OCEAN BLUFF PAGE 2 LCPA 95-09/ZC 93-04/CT 93-09/SDP 93-07/HDP 93-09 JJI. APPLICANT/DEVELOPMENT TEAM INFORMATION The development team for the proposed project is as follows: Applicant: Ocean Bluff Partnership (Also see disclosure statement included in Exhibit 3) Developer: Ocean Bluff Partnership Landscape Architect: ADL Planning Associates Engineering : Hunsaker and Associates Project Consultant/ Manager: Jack Henthorn and Associates IV. AFFORDABLE HOUSING PROJECT LOCATION AND DESCRIPTION The project site is generally located at the northwest comer of the future Poinsettia Lane and Blackrail Court in the Zone 20 Specific Plan area and Local Facilities Management Zone. The affordable project is located in the southwestern comer of the site in proximity to Poinsettia Lane, a major circulation arterial. The project will create access to Poinsettia Lane as an off-site improvement. The site is surrounded by rural residential and agricultural uses. The affordable apartments will consist of ten (10) one-bedroom units of approximately 660 square feet; four (4) two-bedroom units of approximately 885 square feet; and two (2) three- bedroom units of approximately 1050 square feet. The units are located in two, two-story multi- family structures. The affordable project includes a recreation area of 3200 square feet of multi-purpose play area. The project is in close proximity to major employment opportunities in the Palomar industrial/office corridor. The Aviara Oaks Elementary School is approximately one mile from the site and the planned Aviara Park is within approximately 1/2 mile. Commercial services are located approximately one mile from the site at Alga Road and El Camino Real. OCEAN BLUFF PAGE 3 LCPA 95-09/ZC 93-04/CT 93-09/SDP 93-07/HDP 93-09 1 2 3 TOTAL V. PROJECTAFFORDABIJXN 10 $456 I 50% AMI* 4 $527 < 50% AMI 2 $59 1 < 50% AMI 16 The applicant has presented a financial proforma which indicates the following rent and affordability levels: As the above table indicates, the proforma rent levels are significantly below the inclusionary low-income requirement which is based on 80% of median income. VI. FINANCIAL The applicant has prepared a summarized development cost proforma which uses the above affordable rent structure and other assumptions regarding construction, financing and operating costs in order to estimate the financing "gap", i.e. that amount of subsidy necessary to make the project feasible with affordable rents. While they are pcelhhary, the applicant's estimates and assumptions appear reasonable. At a total project cost of approximately $86,00O/unit, the proforma estimates a subsidy requirement of approximately $55,0oO/unit. These results are reasonably consistent with the City's experience with actual projects and its study of protypical affordable projects. The financial information presented at this time only indicates that the applicant has a reasonable understanding of what will be required to develop the project. The applicant has identified no specific financing sources or commitments and no developer of the affordable housing project has been identified; therefore, it is not possible to make any assessment of project feasibility. OCEAN BLUFF PAGE 4 LCPA 95-09/ZC 93-04/CT 93-09/SDP 93-07/HDP 93-09 No financial assistance is being requested at this time, but this does not rule out a request at a later date. The applicant has requested, and the Planning Commission is recommending, an overall density increase of 11.8% in order to accommodate the 16 affordable units. This incentive for affordable housing is consistent with the City's General Plan. The applicant's proforma of the proposed affordable project adequately demonstrates the need for this incentive for economic reasons. VZI. AFFORDABLE HOUSING AGREEMENT Prior to final map approval, the developer will be required to enter into an Affordable Housing Agreement according to the City's Inclusionary Housing Ordinance. This agreement will establish the exact timing of project development and other specifics about the project which are legally recorded against the property. Vm. HOUSING ELEMENT CONSISTENCY The proposed project is consistent with the policies and programs of the Housing Element, Inclusionary Housing Ordinance and the Zone 20 Specific Plan affordable housing requirements. The rental apartments, affordable at 50% of Area Median Income, would rank "High Priority" according to the City's Consolidated Plan which is required by the Department of Housing and Urban Development. Construction of these units with rental restrictions would count toward the City's Housing Element production goals. E. SUMMARY It is the role of the Housing Commission to make recommendations to the City Council based on several considerations with respect to proposed affordable housing projects-- these are: 0 The proposal's effectiveness in serving the City's housing me& and priorites as expressed in the Housing Element and HUD Consolidated Plan. 0 The proposal's consistency with the City's a#'ordable housing policies and ordinances, as expressed in the Housing Element, Inclusionary Housing Ordinance, Density Bonus Ordinance, etc. 0 The proposal's development and operating feasibility, emphasizing the development team, financing sources and the role of the City (if any) in providing financial assistance or incentives. OCEAN BLUFF LCPA 95-09/ZC 93-04/CT 93-09/SDP 93-07/HDP 93-09 PAGE 5 As proposed, the project would address established City affordable housing needs in a manner that is consistent with applicable City policies and ordinances. Subject to the condition contained in the recommended approvals from the Planning Commission that requires the developer to enter into an Affordable Housing Agreement with the City prior to final map approval, staff recommends that the Housing Commission recommend this project to City Council. This recommendation concerns only the applicant’s proposal to provide an affordable housing project on site. The Planning Commission recommendation also includes conditions that permit the option of satisfying the affordable housing obligation off-site. Pursuing an off-site option would require the developer to process a request for approval through staff, the Housing Commission and City Council as the final decision maker. EXHIBITS: 1. 2. Housing Commission Review Application 3. Housing Commission Resolution No. 96-001 Staff Report to the Planning Commission dated December 20, 1995 w/attachments EB/ar 1/25/96 ’- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING COMMISSION RESOLUTION NO. 96-001 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA TO RECOMMEND APPROVAL OF THE DEVELOPMENT OF 16 APARTMENT UNITS AFFORDABLE TO LOW INCOME HOUSEHOLDS WITHIN THE OCEAN BLUFF PROJECT AT THE NORTHWEST CORNER OF THE FUTURE POINSETTIA LANE AND BLACKRAIL COURT IN THE ZONE 20 SPECIFIC PLAN. APPLICANT: OCEAN BLUFF PARTNERSHIP CASE NO.: AHP 96-01 (CT #93-09 And SDP #93-07) WHEREAS, an Affordable Housing Project (AHP) Application (No. 96-01) has been submitted to the City of Carlsbad’s Housing Commission for review and consideration; WHEREAS, said Housing Commission did, on the 8th date of February, 1996, hold a public meeting to consider said application; and WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Commission considered all factors relating to the application. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. That based on the information provided within the application and testimony presented during the public meeting of the Housing Commission on February 8, 1996, the Commission recommends APPROVAL of Affordable Housing Project (AHP) No. 96-01 containing 16 apartment units to be affordable to low income (50%- 80% of county median) households subject to the findings and conditions outlined herein. .... .... .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HC Resolution No. 96-001 Page 2 3. That the Commission's recommendation for approval of said affordable housing project does not include support for any financial assistance for the project. FINDINGS: 1. The project is consistent with the goals and objectives of the City of Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy, the Inclusionary Housing Ordinance, the Density Bonus Ordinance and the affordable housing requirements of the approved Zone 20 Specific Plan. 2. The project will provide a total of 16 apartment units (1, 2 and 3 bedroom) affordable for rent to households at 50% to 80% of the county median which meets a "high priority" affordable housing need as outlined within the City of Carlsbad's approved 1995-2000 Consolidated Plan. The project, therefore, has the ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan. CONDITIONS: 1. 2. 3. ..... ..... ..... Recommendation of approval is granted for AHP No. 96-01, as shown on Site Development Plan 93-07, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in the conditions of project approval by the City Council. Recommendation of approval is granted for AHP No. 96-01 subject to the condition that the applicant submit an acceptable schedule for construction of the required ratio of income restricted units for inclusion in the final Affordable Housing Agreement to be approved prior to Final Map. The schedule shall indicate acceptable construction phasing for the affordable units in relation to the construction of the market rate units. The applicant shall maintain rents at the allowable affordable rate (based on household size) for low income households with incomes equal to 50% to 80% of the county median upon lease up of units and continuing for the full period of affordability . *- .. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 HC Resolution No. 96-001 Page 3 4. The affordable housing units must be restricted for "the useful life of the project" which means a minimum of 55 years. 5. Upon final approval of said affordable housing project and prior to final map approval, the applicant shall enter into an Affordable Housing Agreement with the City of Carlsbad. The agreement shall be binding to all future owners and successors in interest. The Affordable Housing Agreement shall include all terms and conditions of said project approval and outline the incentives (financial or other), if any, to be provided by the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 8th day of February, 1996, by the following vote, to wit: AYES: Chairperson Calverley, Commissioners: Schlehuber, Escobedo, Noble, Rose, Sato, Scarpelli & Wellman. NOES: None. ABSENT: None. ABSTAIN: None. Housing ATTEST: f EVAN BECKJZR, Housing and Redevelopment Director TACI’ HENTHORN & ASSOCIA -3 EXHIBIT 2 .I 5431 Avenida Encinas Suite G Carlsbad, California 92008 Fax (619) 438-0981 (619) 438-4090 REC E D VE Q March 3, 1995 Housing & Redevelopment Director City of Carlsbad 2965 Roosevelt St. Carlsbad, CA 92008 .. . MAR 0 7 1995 . .. Re: Ocean Bluff CT-93-09/SDP 93-07 Request for Density Bonus under SDP requirements of 21.53.120 of the Zoning Ordinance. The above referenced application for City of Carlsbad Housing Commission Review is submitted to satisfy Ocean Bluffs obligation to comply with the City of Carlsbad General Plan Housing Element and Comprehensive Housing Affordability Strategy (CHAS) for affordable housing within the project. The Ocean Bluff‘ project, CT 93-09/SDP 93-07/ZC 93-04/HDP 93-09, consists of 92 single family homes and 16 affordable units, located approximately 2,000 feet east of the intersection of Alga Rd. and Poinsettia Lane on a 30.2 acre parcel.. Ocean Bluff‘ is requesting a 12.5% density bonus (12 units). A total of 16 units will be designated as lower-income affordable “Rental” to be located in the southwest corner of the project. The proposed affordable housing units provide a mix of one, two, and three bedroom units ranging in size from 660 Sq.Ft. to 1050 Sq. Ft. Preliminary plans show a distribution of 10 lBR, 4 2 Br, and 2 3BR units. The affordable units are intended to be available to all household types. The Ocean Bluff‘ project meets the housing needs and priorities of the City Of Carlsbad General Plan Housing Element, CHAS, Growth Management Zone 20, Specific Plan -SP 203 objectives and is consistent with the City of Carlsbad Inclusionary Housing Ordinance for the following reasons: Compliance with City of Carlsbad Housing Element Goals: Goal #2 Quantity and Diversity of Housing Stock. Ocean Bluff provides a total of 108 dwelling units of which 92 are single family detached and 16 are apartments for lower income families. Goal #3 Provide new affordable housing opportunities in the City to meet the needs of future lower income households: Ocean Bluff complies with policy 3.2 by providing the required number of 3 bedroom units. The project will assist the City in reaching it’s target of lower income units by providing 16 a€fordable units. Compliance with City of Carlsbad CHAS Section 11: Five Year Strategy: Ocean BluE is consistent with Programs 1 and 2 of the five year strategy plan by: Providing new affordable housing opportunities through a private/public sector partnership efforts. The appropriate number of 3 bedroom affordable housing units are being provided. The project will comply with the City’s Inclusionary Housing Requirements. Compliance with Growth Management Zone Specific Plan (SP-203) Ord #NS-257 Ocean Bluff provides on site lower-income aEordable units in conjunction with the 92 market rate units. The Ocean Bluff project is coordinated with surrounding properties by providing major Circulation Element Roadways (Alga Rd. and Poinsettia Lane) as well as circulation and pedestrian access to Public Facilities. &an Bluff affordable housing product is consistent with the anticipated clustered multi- la I- . family attached and stacked flat unit types indentified in the Specific Plan. Compliance with Inclusionary Housing Ordinance 21.85 010 CMC Ocean Bluff provides 15% of the total units for affordable (lower income) residential units. The project also complies with the Inclusionary requirements as contained in Zone 20 Specific Plan & General Plan Housing Element. In summary, we believe the Ocean Bluff project complies with or exceeds applicable City of Carlsbad General Plan Housing Policies, Growth Management Zone 20 Development policies and the purpose & Intent of the City of Carlsbad Inclusionary Housing Ordinance. The project will contribute towards the City’s long and short term goals as described in the CHAS. n ean Bluff Developer Representative cc. Bob Wineteer Anne Hysong -- - CTTY Of CARLSBAD HOUSIXG ~33l311SSIOS RE\'IE\\' APPLICA? a3N .L , APPLICAsTTIDE~ZLOPhLhT TEA!! l3TOR~lATION :ame of Applicant: Ocean Bluff Partnership IailingAddrcss: 4180 La Jolla Village Dr'. Suite 300 La Jolla, CA 92037 dentify Development Team (ie., des eloper, builder, architect, etc.): leveloper-Ocean Eluff Partnership b r chi t ec t -N/A 'lanning/Management-Jack Henthorn & Associates 1. GEhTR4.L PROJECT bTOR\I 4TlOS +oj& Name: Ocean Bluff Describe General Location of Project: Jorth side of the extension of Poinsettia Lane, East of College Blvd/ llga Rd, Located in Zone 20. - .. - Project Address: &/A Site Parcel No(s).: 5-o,o- Total Yumber of AfTordabIe Units Required (if applicable): 16 Total Kmber of Affordable Units Proposed: 16 Tvpe of Units (ie., garden aparlmenu, detached, ctc.): 6 unit garden apartment project. Size (in square feet) of each Unit: 1 BR-660 Sq. Ft. 2 BR-885 Sq. Ft. 3 BR-1050 Sq. Ft. Bedroom Size Distribulion of Units: 0-1BR 4 -2BR, 2-3BR Dcscribe any special features'amenities to bc intludcd within project: Recreation area of 3200 square feet consisting of multi purpose play arez Pqc I- .I? I93 .- I. TER\IS OF AFFORDAB~LI~' -9 AFFORDABLE L3-s (ATTACH ADT-IOSAL INFORjlATION 1F hTCESSARY) -.r 'argeted Income Lc\,els (as 5% of area rncdian):50-80% of county median income 'arget Population (ie., familics, srniom etd: Fami 1 i es lonthlg Red -(b bdr. size) or Sales Price of Unifs: -Br =$4 56 -Br=$527 -Br =$59 1 . - ~ 'em of AfTordabilit! (ie., 30 jrs, life of project, etc.): To be determined by Housing Asreement . 'rejected Schedule for Construction of Affordable Housing t'nits: ithin 5 years of recordation of final map. f the affordable units are bcing conflructed to satisf! the Cit! of Carlsbad's Inclusionac Housing requirement, how vill they be phased uith rfspcct to construction of the market rate units? Plcase Elplain Project Phasing: Affordable units will be contained in two buildings. Building 21 contai ;en (10) units and will satisfy the firsL 66 market rate units. Building #2 will be constructed prior or concurrent xith the 67th market rate unit 01: within five (5) years of recordation of the final map. . .- .. .. 1 .. .. .. .. .. .. , .. Lv. m.iw~~ nioRmrlos os A~FOFWBLE HOUSJX PROJECT . Please attach a copy of development and operating financial proformas shouing source and mes of fun& to accomplish the affordable units proposed in this application. In the profomas, plcase idcntifj your subsid! sources and appropriate justifications for use of these sources. Describe the local financial assistance or incenthes, if any, including specific terms daired for the anordable housing project which you are, or will be, requesting from the Citj of Carlsbad: Applicant, through the site development plan process, is requesting a density bonus of 12 units. Identify an! other project conditions nhich may be rrle\ant to project feasibilitj: Project has a large commitment for offsite improvements (Alga Rd, Poinsettia Lane, etc.) which requires the maximum number of market rate units. Housing Commission Revicw App11;amn Page 2 12/89> : REQUIRED ATTACH-blEhTS TO if@PLICATION - he follouing items must be atlachcd to this application: Site Developmenr Plan for Affordahle Housing Units; Narrative dcicribing how the projccl mceis the Housing Seeds and Priorities a expressed within the City of Carlsbad's Hqusing Element and Comprehensive Housing Affordability Slratepy; NmaGve on the project's consisrency with the City of Carlsbad's Affordahle Housing Policies as. expressed in the Housing Element, Inclusionaq Housing Ordinance, General Plan md other relaled documents; Development and Operaring Financial Proformas indicating sources and wes of funds for the project, including justification and identificarion of subsidy sources; I Complete description of financid assistance or incentives including specific !ems that are, or u,ill be requested from the City of Carlsbad for the project, if applicable; and, 1 'I. APPLlCATlOS SIGSATLRES troperty Onner Kame, Address and Telephone No.: Ocean Bluff Partnership Completed Disclosure Starement of Ounership Interes~s uibin he project. J 4180 La Jolla Viilage Dr. Ste. 300 (619)452-1511 La Jolla, CA 92037 , the undersigned, do hereby rerlif! that I am the legal oHner of the subject propert! and fhai the abo\e information s true and correct to the best of m! knowledge. .- .. .. . ,. ... .. .. .. *' . , Signature ._ . Date - ~ I, the undersigned applicant, do hereby certif? that I am the representative of the legal owner of the subject propefl! md that the ab information is t correct to the best of rn! hoHledge. P c- Date jO?/f!y 4 pplicant Signature: rm BOX BEYOW is FOR CITY VSE O~IY Date Application Received: Application Received By: Staff Recommendation: Date of Housing Commjssion Review: Action on Application by Housing Commission: Other Comments: .. Housing Commission Rr!icw Application Page 3 .. OCEANBLUFF DENSITY INCREASE 3/1/95 PRO FORMA REVENUE ANALYSIS 1 BEDROOM 2 BEDROOM 3 BEDROOM 95% OCCUPANCY OPERATING COSTS @ 30% NET OPERATING INCOME DEBT SERVICE INCOME (1.2) INCOME SUPPORTED DEBT LAND DEVELOPMENT COSTS IMPROVED SITE COST LAND CARRY 18M0 LAND DEVELOPMENT COST UNIT CONSTRUCTION COSTS UNIT SIZE SQUARE FEET (project) STRUCTURE COST $35.00 ON SITE INDIRECTS .lo% STRUCT. OVERHEAD .04 MARKETING .02 CONSTRUCTION COSTS LOAN FEES .02 CONST FINANCING SUBTOTAL FINANCING PROJECT COST GAP DEV CONTRIB LAND REQUIRED GAP FUNDING RENT UNITS REVENUE $456 10 $4,560 $527 4 $2,108 $59 1 2 $1,182 $7,850 $7,458 ($2,237) $5,220 $4,350 $495,468 $758,000 $85,000 $843,000 1 BR 2 BR 3BR 7250 3400 2200 $253,750 $1 19,000 $77,000 $540,205 $9,909 $27,010 $36,920 $1,383,205 $887,737 $525,000 $362,737 12850 $449,750 $44,975 $30,320 $15,160 $540,205 $36,920 $1,383,205 $887,737 Jack Henthorn Associates EXHIBIT 3 - c - P.C. AGENDA OF: December 20,1995 SUBJECT Lc PA 95-09LZC 93-041CT 9349lSDP 934‘7/HDP 93-09 - OCEAN BLUFF - Request for a Local Coastal Plan Amendment, Zone Change, Tentative Tract Map, Site Development Plan and Hillside Development Permit to rezone from L-C to R-1 a vacant, 31.2 acre site and subdivide 92 single family lots and one multiple family lot with 16 affordable apartment units on property generally located at the northwest corner of future Poinsettia Lane and Blackrail Court in the Zone 20 Specific Plan area and Local Facilities Management Zone. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3867,3868, SDP 93-07, and HDP 93-09 based on the findings and subject to the conditions contained therein. 3869, 3870, 3871 RECOMMENDING APPRO Vu of LCPA 95-09, ZC 93-04, CT 93-09, 11. INTRODUCTION The applicant is requesting approval of various permits to subdivide and grade the 31.2 acre hillside parcel into 92 standard single family lots, one open space lot, and one multiple famdy lot with 16 affordable apartment units to satisfy the project’s inclusionary housing requirement. As designed and conditioned, the project is in compliance with the General Plan, Zone 20 Specific Plan, Mello II LCP, the Subdivision Ordinance, and the relevant Zoning Chapters of the Carlsbad Municipal Code. 111. PROmDESCRIPTI ON-AM) BACKGROUND The Ocean BJuffprojed is located within the boundaries of Area C of the Zone 20 Specific Plan and the Mello II segment of Carlsbad’s Local coastal Program (LCP). The site is designated FUM by the General Plan allowing law-medium residential de&ty (0-4 dwelling uniwacre) and is zoned GC allowing agricultural uses. The project consists of 16 firdable units and 92 single family lots resulting in a proposed project density of 3.6 dwelling units per acre which exceeds the RLM growth control point of 3.2 dwelling units per acre; therefore, the project requires approval of a site development plan for a 11.8% density inmase. The PrOPoged subdivision of the Ocean Bluff parcel into residential lots rquircs approval of a Local ChstaI~Plan Amendment and Zone Change to the R-1 single family zone. LCPA %-09/ZC 934KI' 93496DP 9W/HDP 9509 - OCEAN BLUFF DECEMBER^, ms GE 2 Tbe site amsisb of approximately 31 am of vacant, previously cultivated land which is surrounded by mal residential and agricultural properties. Although the parcel rises in elevation approximately 100 feet from west to east and contains a north-south trending ridge in the eastern third of the property, the majority of the parcel is relatively flat with slopes less than 15%. A 3 acre, steep sided ravine located at the northwestern corner consists of +E% slopes containing southern mixed chaparral. The ravine, identified as Ojxn Space bt "A" on Exhibit "A", will be dedicated as permanent open space and maintained by the Homeawneis Assodation. The site conditions demid abe require compliance with the Hillside Development Ordinance development guidelines regulating grading and architecture, however, architectural elevations arc not included as part of the project at this time. The proposed grading design preserves ocean and backcountry views and coILsists of balanced grading to create terraced hillside lots which generally follow the existing topography, i.e., rising in elevation from west to east to the ridge line. The proposed single family lots are a minimum of 7,500 square feet in area and the multiple family lot containing a proposed 16 unit affordable apartment project is 34,410 square feet. The affordable project is located in the southwestern corner of the site in proximity to Poinsettia Lane, a major circulation arterial. As shown on Exhibits "A-F, since the project does not front on an existing public street, access to the parcel will be provided by of&ite improvements which include Street "A" from the project's southwestern boundary to future Poinsettia he, Poinsettia Lane between its current easterly terminus and Street "A", and Blackrail Court from its northerly terminus to the northeast comer of the project. The project's proposed circulation design will also provide public street access to all adjoining properties. The provision of the necessary of%itc improvements, i.e. Poinsettia Lane and Street "A"wiU result in impacts to approximately 4 acres of coastal sage habitat and one pair of California gnatcatchers. The proposed 4 acre coastal sage habitat take area is located within Preserve Planning Area 4 of Carlsbad's draft Habitat Management Plan (HMP) containing approximately 84 acres of coastal sage scrub and 38 acres of chaparral habitat within its core area. Tbe Ocean Bldprojec! is subject to the following land use plans, policies, programs, and zoning regdatkxm A Generalplan B. Zone 20 Specific Plan (SP 203) C. MelloIILncalcoastalPmgnm (1) LCP Amendment (2) LCP Re~ations D. Inclusionary Housing (Caapters 21.85 and 2153 of the Zoning ordinance) E. Hitlside Development ordinance (Chapter 21.95 of the Zoning Ordinance) c LCPA M-WZC 9349BDP 9347/HDP 93-09 - OCEAN BLUFF DECEMBER 20,1995 ?AGE 3 E Gmwtb Management Ordinance (Caaptcr 21.90 of the Zoning Ordinance) G. SabdWion Ordinance (T& 20 of the Carlsbad Municipal We) H. Draft Habitat Management Plan Iv. ALYSIS The recommendation of approval br this project was developed by anwg the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulationslpolicies utilizing both text and tables. The Ocean Bluff project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposed single family and integrated affordable multi-family project abutting a major circulation arterial roadway which the project will be conditioned to construct arc the Land Use, Circulation, Noise, Housing, and Open Space and Conservation Elements of the General Plan. Elemcot Land Use RLM (0-4 Dwelling UniWAcre) GCP (3.2 Dwelling UniWAcre)* Urban, low medium density residential devlcloQmcnt in which a variety of housing types may be allowed within the density range. Improvtmcntr Rqect is singk family and multipk family at a density of 3.6 dwelling uniwacre. YCS Encourage the provision of low income dwelling units to meet the objectives of the Housing Element. Roject indudcJ a 16 unit affordabk apartment project YCS LCPA 95-09/Zc 93-09/SDP 9347/HDP 9349 - OCEAN BLUFF DECEMBER 20.1995 8 hmue that au hilbidt dcvelopmcnt is designed to prescnn the visual quality of the preexisting topography. Permit tbe approval of discretionary actions md the development of land ody after adequate provision has been made for publlc Wtics and scrvicts in accordance with Growth Management public facility performance standards. ~ Ensure that master planned and specific planned a~lmunitics and range of housing for all ccoMwLfc income raages. A minimum of fifteen percent of all units approved for residential specific plans shad be afhrdabk to lower income housebolda Recognize pad impkment the policies of the Californir coastal Act and tbe carwad Local copstrrl program. all quali&d SubdiVisiOaJ PI"& 8 ~ ~~- Tbt project is mnciitioncd to mnstru~tallallpublicfrcilitks neccssq to scm the subdivision and citywidc and quadrant wide public facilities are adequate in Zone 20 to sadsfjf the additional demand; therefore the project is consistent witb tbe Zone 20 LaA Facilities Management Plan. ~ ~~ Roject includes a 16 unit affordable apartment project to satisfy its lS% Inclwionnry housing requirement. bject is consistent witb the Mello I1 LCP segment in that plant communitks (dual criterion) arc prescmd except for the Poinsettia Lane major circulation arterial mdway which is exempted from the "dual criterion" restriction by tbe Mello I1 LCP. The propoQed slignmcnt of Poimcttk Lrne rod SWt 'A" 25%+ sropts posstssing chaparral will disturb appximately 4 acres of aMstal sage scrpb habitrt and 8siagkWofCIUfwnk. gnatcatd~~rs, bowever, mitigation at a 21 repkmcnt mtb in the bank is a condition of app& carbb8dHighLadrmitigation YCS YCS YeS YCS YCS L LCPA 95-09/Zc 9- 9349jSDP 9347/HDP 9349 - OCEAN BLUFF DECEMBER #), 19% ! Circulation Nok uircLwlllatloo,GoJ,-J=ti-9 Propocld UIcr dor CompllUIcl Mlafmi;peim~&omncw The majority of the pmject site is YeS wprocznnr ImprwsllWlltr development on hillsides relatively flat, however, slopes exceeding 3% will not be disturbed and proposed grading will fouow the natural land contour. Project is conditioned to require an hevocabk offer of dedication for trail segment along Poinsettia Lane. Obtain an irrcwmbk o&r to dedicate a permanent easement for trailways where trails arc required System. Require new development to Project is conditioned to compkte Yes construct all roadways necessary to sem the proposed development prior to or amrrent with nee& 60 dBA CNEL is thc exterior noise kvcl and 45 dBA CNEL is tbe interior noise kvel to which alI residential units should be mitigated Yes as part of the Carlsbad Trail all street improvements prior to occupancy of any unit. Project provides mitigation to abutting Poinstttia Lane and YeS reduce noise kvels to 60 dBA within the usabk yard area of lots project is conditioned to require compliance with the 45 dBA interior noise stnndrud. Project density exceeds the Gruwth Management Growth Control Point, however, a density increase is being processed and required findings have been made (see the following discussion under Affordable Housing and Inclusionaq Housing). B. Zone 20 Spednc Plan (SP 203) The Zone 20 Specific Pian requires project compliance with all applicable land usc plans, policies and ordinancts, except as modified by the Specific Plan. "be fom di8mmxl ddk the proposed project's conformance with the relevant Speci&pI.p ngulatiqpswhich include Affordable Housing, Land Use (General Plan, Zoning, DeveloQment Standards, and the Mello 11 LCP), and Open Space pres+mtiar, Affordable Ho- .. The Zone 20 Specific Plan reqaires consistencywith the city's Inclusionary Housing Ordinance requiring that 15% of the total number of proposed units are made affordable to low income bousehokk When feasiik ad compatiile with surrounding land uses, the a&rdabk units are rquiredto be built onsite, unkssan offjite cobtn'bution of units h approved by the City Cbuncil upon a showing by the developer that an oite amtriiution is not appropriate for the particular LCPA 95-09/Zc 93-09BDP 9347mP 93-09 - OCEAN BLUFF DECEMBER 20,1995 5 devclapmt. To enable the higbcr densitia neceSSary for affordable projects, the Sped& Plan permits modification or waiver of development standards including increases in density to be accommodated through the Site Development Plan process. The project's 15% inclusionary requirement is 16.24 dwelling units. The proposcd project includes a request for approval of a site development plan for a 16 unit affordable apartment project located on Lot 93 in the southwest corner of the site to satisj. this requirement. The overall project density permitted is 96.6 dwelling units, however, a total of 108 dwelling units (92 sin@ hdy and 16 multi-fardy dwellings) are requested. The project therefore requires a density increase above the density allowed using the Growth Control Point (3.2 du/acre) for the overall site to enable the provision of 16 onsite affordabk housing units. In accordance with the Zone 20 Specific Plan, the average density proposed for botb the affordable and single family lots is 3.6 dwelling units per acre which would exceed the growth control point but is within the RLM General Plan range of 0 - 4 dwelling units per acre. The density hcrease is the only incentive requested by the applicant under the provisions of Chapter 21.53.120 for affordable projects requesting approval of a site development plan. The necessary findings that 1) no adverse impacts to the surrounding area will result from the project; 2) the project will be compatible with surrounding land uses; 3) the lot and traffic circulation are adequate to serve the project; and 4) the neceSSary design features are provided, can be made and are provided in the following discussion. A project proforma providing justification for the density increase has been reviewed and verified by the Housing and Redevelopment Director and the proposed density increases will require Housing Commission and City Council approval. The project is located in the southwestern corner of the site in proximity to future Poinsettia Lane, a major circulation arterial. As shown on Exhibit "H", the affordable project consists of two relatively small multi-family structures, one containing 10 units and the other containing 6 units (2 three bedroom units), which are compatible in Scale with future single family dwellings. The Zone 20 Specific Plan requires affordable projects to be consistent with RD-M standards and the proposed setbacks and awerage are consistent witb these standards (see Land Use discussion). In additia, the project will provide #w) square kt per unit of private and common recrmma area. In accordance witb the Parking ordinance standard for multi-family the site ir pravided from non-loaded Street "A" thereby reducing traffic flow through the single brdy subdivision. The project site is currently not served by a public road and surrounding uses are limited to agricultural and residential dwellings. The 16 unit apartment project Win not be detrimental to surrounding residential uses since all public bciIities, including the construction of Poinsettia Lane and Blackrsil necessq to sem the project will be co1Istr\lctcd to the site. A 25' separation between the nearest residential units and agricultural fiehis, and intervening6'watlswill mitigate potential confiicts between residentid and agricultural uss. Units, wr-bour (34) parting spaccj a pdd onsite, and ~~WSS and e- to LCPA M-o9/Zc 9344KI' 934PeDP 93-07/HDP 93-09 - OCEAN BLUFF DECEMBER 20,1995 PAGE 7 The pooared density increase is in accurdance with General Plan Housing Policy 3.8 reg- excus dwening unit allocstion, since it is requested to accommodate the development of affordable housing, and the findings requircd to exceed the Growth Control Point can be made, in accordance with Chapter 21.90.045 of the Zmiug Ordinance. The proposed 11.4 dwelling unit increase would be available to be withdrawn fiom the City's excess dwelling unit "bank" without exceeding the Citywide or southwest quadrant dwelling unit and population buildout caps. The applicant will be conditioned to provide all neccauy public facilities to se~e the additioual units and the project is consistent with the Zone 20 Local Facilities Management Plan ensuring the adequacy of public facilities. Land Use The project is located within Area C of the Specific Plan. Properties within this area are designated for Residential Low-Medium (RLM) density development by the General Plan. Planning Area C is currently zoned LC and according to the Zone 20 Specific Plan, the appropriate zoning Tor these properties is the R-1 Zone. Therefore, zone changes must be processed prior to or concurrent with development proposals. The R-1 zone allows for single family detached homes and associated structures, however, the Specific Plan also alluws multi-family affordable housing structures developed in accordance with the RD-M development standards to be located in the R-1 zone subject to site development plan approval. Accordingly, this project includes an application for a Zone cbauge from the L-C Zone to the R-1 Zone. This zone change is consistent with both the RLM General Plan designation and the Zone 20 Specific Plan development provisions fbr Area C. _. The Zone 20 Specific Plan Area C development regulations include architectural design criteria and require consistency with the Landscape and Scenic Comdor Guidelines. Since architecture for the single family units is not proposed by the applicanf the project has been conditioned to require Planning Commission approval of architectural elevations through an amendment to the Hillside Development Pedt (HDP). "he HDP amendment sbd be required to demonstrate consistency with both the City's Hillside Ordinance architectural guidelines and the Zone 20 SpecitiC plrn Uchitcctwal design criteria As shown on Exhibits "J - L", the co- Imd#.ape design is consistent with the Zone 20 Specific Plan, Scenic Corridor Guideliaes, &d the City's Landscape Design Manual. As shown on the f;dlowing tabk, the project meetsor exceedsthe R-1 (single famiiy) zone standards as modified by the Spec& Plan, aud the RD-M zbue (multi-family) development standards as required by the Zone 20 Specific Plan. - - LCPA 95-09/Zc 93496DP 9347/HDP 9349 - OCEAN BLUFF DECEMBER 20,1995 B RD-M - Residential Zone Density Multiple 92 Siagk Family Lots, 1 Open Space Lot, and 1 Mdti-Famiiy Int use: Single/?vlultiple Dwellings 16 multi-family affordable apartment Units Lot Arcs Minimum 7,500 sq.& 34,410 square feet 7310 - 12,910 I feet (single family) Lot Area: Minimum 7300 square - ~~ ~~ ~ Building Height 35' Setbacks Front-2U' Side - 5' (Interior) 10' (Street Side) Rem - 10' I Lot Width: 60' ~-~ 29' Front - 28' Side - 12' Side - 22' Rem - 19' 1 Coverage: 5096 123.6% I Lot Width: 6(y 1119' Open Space Prcservatiop The project is consistent with the Open Space provisions of the Zone 20 Specific Plan in that Para1 "A" steep slopes possessing chaparral habitat will be preserved in open space, slopes exceeding 4096 will not be developed, mitigation measures that establish a physical barrier between residential and agricultural uses are imposed by condition, and a 50' landscaped setback along the northern side of the portion of Poinsettia Lane that the project is conditioned to construct will be preserved as permanent apen space. Seetbedtcusaon under item C below. C1. Mdlo 11 llwl C0Ut.l Program Amendment The project k Socatedwithin and subject to the Mello II heal corstal Program segment and is designated for residential low-medium density (RLM) land use and Limited contrd (tC) zoning. Although the Mello II Land Use PIaa k amsistent with the subject parcel's RLM General Plan designation, the implementing zone (G C) specified by the Mello II LCPis notoonsistentwiththepropasedzone change to LCPA 95-09/Zc 9349/SDP 9347/HDP 93-09 - OCEAN BLUFF DECEMBER 20,1993 GE 9 R-1. Sbm the Cdifbrnia Coastal Act specifies that all rezOnings related to land use regulatiom or administration within the coastal zone, which occur after the of a local government's local coastal program, require a LCP amendment in order to be effective, the project includes a Local coastal Program Amendment to change the implementing zone from LC to R-1 for the Ocean Bluff parcel. C2. Development Regulations The project is consistent with Mello II LCP policies addressing steep slopes (25%+) possessing chaparral plant communities since the proposed grading avoids the only onsite area with slopes in excess of 15%. This area (Parcel A) does contain chaparral plant communities and will be preserved in open space by easement. Some coastal sage scrub on steep slopes will be disturbed by the ofkite Poinsettia Lane extension, however, Mello II exempts City Circulation Element roadways from this policy. The project will be conditioned to provide adequate drainage, siltation and erosion control facilities as pat of the approved grading permit, and the grading operation will be limited to the summer construction season, April 1 to October 1. The project contains vacant non-prime agricultural land containing Class III soils and is located in the coastal Agricultural Overlay Zone (Site In). The Mello 11 LCP requires mitigation when non-prime coastal agricultural land is converted to urban uses. The project will therefore be conditioned to pay an "Agricultural Conversion Mitigation Fee". D. Inclusionuy Housing (Chap- 2185 and 2133 d the Zoning Ordinance) As specified in the above discussion under B, Zone 20 Specific Plan - Affordable Housing, the project is subject to the Inclusionary Housing Ordinance requiring that a minimum of fifteen percent of all approved residential units in any specific plan be restricted to and affordable by her income households. In accordance with the ordinance, developers may apply for incentives, including requests for density increases, to o&t the cust of affordable housing, however, they must submit justikation for the requested incentive. Chapter 2153.120 of the Zoning Ordinance rquiru the rpproval of a site development plan for multi-family affordable projects, and hdings that the project is consistent with the underlying zoning ador Specific plan ad in adonuance with General Plan policies and goals. (See the above consi&cacydtcuatlon ' under k General Plan and B. Specific Plan - Affordable Housing). "'his project complies with the Inclusionq Housing.provisions of the Municipal Code (Chapter 21.U) as demonstrated below LCPA 95-09ZC 9- 93496DP 9307/HDP 93-09 - OCEAN BLUFF DECEMBER 20,1995 PAGE 10 MULTI-FAMILY HOUSING St.ndwd Reg- provided c-prb Yes Yes 16 Units + payment of the remaining .24 units onsite on Lot 93. 16.24 Units Onsite or within a combined project Inclusionary Requirements (UnitsFees) Location of Units I I I Incentives Requested 1. Density Increase 115% Density 2. Standards Modificatiom Increase 3. Direct Financial The applicant has requested the option to purchase credits in Villa Lama or participate in an oaite combined affordable project, and tbe project has been conditioned to require compliance with Council Policies 57 and 58 prior to City Council approval of an Affbrdable Housing Agreement to allow the offsite option. Concurrent with implementation of this option, the applicant will be required to process a tentative map revision to the Oaan Bluff project. . ** A project profoxma demonstrating that the requested density increase is necessary to achieve the affordable units was submitted to and reviewed by the Housing and Redevelopment Director. Upon completion of his review, the Housing and Redevelopment Director indicated that the proposed density increase is justified to enable the provision of affordable units. E. Hillside Development Ordinance The proposed project grading is consistent with provisions ofthe Hillside Ordinance requiriq thrt undevelopable portions of the project site are identified and avoided. A stap mb located in the northwestern comer of the site contains the only 25%+. slop rad this area wi31 be preserved through an open space easement. The project design miaimbs disturbana to billside lands through a tenaccd design which follows the naturrl topopphy to the greatest extent posyik and retains view opportunities abng the natural ridge line. Grading volumer (5,290 cy/-) are within the acceptable range and manufactured slopes are CoLltoUted Wor less than 30' in height in rnrdance with the ordinance. Since architectural extu'bits were not submitted with the Hillside Development Permit application, the project will be conditioned to require Planning Commission approval of a Hillside Development Permit amendment prior to the issUana of building permits to ensure that architecture is consistent with both the Hillside Development Architectural Guidelines and the Specific Plan Architectural Standanls. (In order to facilitate the I EPA %-09/ZC W M/SDP 93M/HDP 93-09 - OCEAN BLUFF DECEMBER 20,199s u City Administration Library Waste Water Treatment reVitlYi/lPPIOYlj proass, staff is recommending that the City council delegate its au- rn the 6n.l decision maker to the Planning Commission). -- 3755 square feet YB 200.25 square Cet YeS 108 EDU Yes The proposed project is a residential project located within Local Facilities Management Zone 20 in the southwest quadrant. The project, including the affordable housing units, is 11.4 dwelling units above the Grawth Management dwelling unit allowance of 96.6 units, however, sufficient excess dwelling units exist within the quadrant to avoid exceeding the Quadrant 3 or Citywide dwelling unit cap. Even with this density increase, all public facilities necesscuy to scwe this project are either already in place or will be provided through conditions of approval placed on the project. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized as follows: Drainage Circulation Fire Open Spa= GROWTH MANAGEMENT COMPLIANCE Standard 1 bprdr I Cornpilance NIA YCS 1,016 AM' YCS Station No. 4 YeS 3.6 acres YCS &hods Water I 23.760 GPD I Yes The Carisbad Municipal Code requires a subdivision map to be 6kd in accofdancc with Title 20 for any subdivisioa project. Accordingly, a tentah map is being prd with standard single hmily lots and one multipk firmihr lot including all necesiuy public strats required to serve tbe pmjec~ As conditioned, the project would provide all necessary improvements and all of the hiings rquircd by 'Iitle 20 can be made and are contained in Planning Commission Resolution No. 3869, dated December 20,1995. LCPA 95-09/Zc 9344KI' 93-091SDP 93U7/HDP 93-09 - OCEAN BLUFF DECEMBER 20,1995 ~ The ofMe Poinsettia Lgne and Street "A" alignments are consistent with the approved Zone 20 Specific Plan biological mitigation and open space preservation and the coastal sage scrub habitat loss is consistent with the HMP as follows: 1. The construction of Poinscttia Lane and Street "A" will not preclude connectivity between Reserve Planning Areas (PPAs) since they are not located within a PPA core area, and are not a part of a Linkage Planning Area. If Lasible, the construction of a roadway advert under Poinsettia Lane within the SDG&E easement, which is presented as open space, may facilitate dispersal and movement of wildlift between core areas in PPAs 4 and 5. 2. Tbe habitat loss will not preclude or prevent the preparation of the Carlsbad HMP in that the area is not a part of a PPA core area or Wage Planning Area. 3. Mitigation for the loss of the 4 acres of coastal sage scrub will be in the form of the acquisition of habitat credits at a 21 ratio within PPA 2 (Carlsbad Highlands Mitigation Bank) as discussed above. The loss of habitat on the Ocean Bluff property will therefore not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher, 4. The habitat loss is located in a disturbed and partially disturbed canyon area which will be isolated by Poinsettia Lane, the Aviara development to the south, and continued agricultural uscs to the east and west; thertbon, large blocks of habitat will not be lost and fragmentation will not occur. 5. The habitat area being impacted is somewhat isolated by surrounding agricultural uses and development, and it is located within the alignment of a major circulation element roadway providing primary access to the proposed Ocean Bluff subdivision as well as other properties in the Zone 20 Specific Plan ut.. The project site is Suated within the boundaries of the Zone 20 Specific Plan (SP 203) which men the 640 acre Zone 20 plaming area. The direct, inditect, and cumulative environmentai impacts hm the future development of the Zoae 20 planning mas have been discussed in the Final Environmental Impact Report (EIR 90-03) for the specific plan. Additional project kvel studies havc been mnducted including soib investigation, biological analysis, noise report, tdic study, and a hydro- report. These studies provide more focused and detailed project kvel adysis and indicate that additional environmental impacts beyond what was analyzed in FmaI EIR 90-03 wopld not result born implementation of the project. This project qualib aa subsequent development to both the Zone 20 EIR and the City's MEIR as identi6ied in Sedion 210833 of thc California Environmental LCPA 95-09/ZC 9- 9349/SDP 93-07/HDP 93-09 - OCEAN BLUFF DECEMBER 20,1995 PAGE 13 Quality Ad; tbmfme, the Planning Dircctor issued a Notice of Prior Environmental Compliance om Sptcmber 21,1995. Tbe recommended and applicable mitigation measurts of Final EIR 90.03 are included as conditions of approval €Or this project. conditionir include specific mitigation for impacts to coastal sage scrub habitat identified by the Zone 20 EIR along the Poinsettia Lane madway through the purchase of credits at a 2:l replacement ratio in the Carlsbad Highlands in accordance with the recommendation of the US. Fish and Wildlife SeMce. With regard to air quality and circulation impacts, the City's MEIR found that the cumulative impacts of the implementation of projects consistent with the General Plan are significant and adverse due to regional factors, therefore, the City Council adopted a statement of overriding consideration. The project is consistent with the General Plan and as to these efkcts, no additional environmental document is required. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. a. 9. 10. 11. 12, 13. Planning Commission Resolution No. 3867 Planning Commission Resolution No. 3868 Planning Commission Resolution No. 3869 Planning Commission Resolution No. 3870 Planning Commission Resolution No. 3871 Location Map Notice of Prior Environmental Compliance dated September 27,1995 Environmental Impact Assessment Form, Part II, dated September 18, Background Data Sheet Local Facilities Impact Assessment Disclosure Statement Reduced Exhibita Exhibits "A - N" dated December 20,1995. 1 i c 4 L f 7 I s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 G COMMISSION gEsoLUTtON NO. 3862 A RESOLUTION OF THE PLANNING COMMISSION OF RECOMMENDJNGAPPROVALOFANAMENDMENTTO THE MEW II SEGMENT OF THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE LAND USE DESIGNATIONS AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF FUTURE P0INSEXTX.A LANE AND BLACKRAIL COURT WITHIN THE ZONE 20 SPECIFIC PLAN BOUNDARJES . CASE NAME: OCEAN BLUFF CASE N 0 LCPA 95-09 THE CITY OF CARLSBAD, CALIFORNIA, WHEREAS, California State law requires that the Lncal coastal Program, General Plan, and Zoning land usc designations for properties in the coastal Zone be in conformance; WHEREAS, Ocean Bluff PIvQcrshlp has filed a verified application for certain property described as: Lot 3 in sectlorr 22, Townsbip 12 south, range 4 west, Sa Bemadno base d meridian In the County d San Diego, State d Cdifornia, acepdng therehn those portions thcred lying north d tbe south bounduy line dRurcho Agua Hedionda, as said south line was established May 5,1913, by decree d the Superior Court ofthe State of California, In and for San Diqp County, in that certain action (No. 16830) entitled Kelly Investment Company, a won, vs. Clucnce Dayton Hillman and Bessie Olive Hillman. attadad ta pI.nnt4 Commission Resolution No. 3868 and incorporated herein, which has been ifkd with the Planning Commission and; I I I I WHEREAS, said verified application constitutes a request for a Local coastal Program Amendment as shown on the map dated Dcamber 20,1995, attacbd to and incorporrrkd by nlcrcaa In the Draft City Cwadl ordinance, Exbibit "X", atbched to Resolution No. 3868 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 55 of Title 14 of the California Code of Regulations of .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c tive Regulations; and the Calihma Carstat Commission Ad~mmtra WHEREAS, the Planning Commission did on the 20th day of December, 1995 hold a duly noticed public hearing as prescribed by law to consider the propoecd Local Coastal Plan Amendment and; ... WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a sixweek public review period for any amendment to the bcai Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission j RECOMME NDS APPROVAI, of LCPA 95-09 as shown on Exhibit "X", dated December 20,1995, attached hereto and made a part hereof based on the , follawing findings: i Findins I i That the proposed amendment to the Mello II segment of the Cartsbad Local ' Coastal Program is required to bring the designations of the City's Zoning Map (as amended) and Mello II implementing zone into conformance, 1.e. from LC to R-1. 1. Con- 1. Approvrl of IkPA 95-09 is granted subject to the approval of U: 9344, CI' 93-09, SDP 9347, and HDP 93-09. LCPA 95-0) is subject to all conditions contained in PId4 Commission Readutloa Nos 3868,38Q),387@, and 3871 dated Decunkr 20,1995. .... .... .... PC RES0 NO. 3867 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 PASSED, APPROVED, AND ADOPTED at I regular meeting of the of the City of Carlsbad, held on the 20th day of December, 1995, by .. n-- the following vote, to wit AYES: NOES: ABSENT: ABSTAIN: MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 3867 KIM WELSHONS, chairperson cARLsBADPLAN"GCOMMlss10N -3- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 G COMMISSION RESOLUTION NO. 3868 A RESOLUTION OF THE PLANNING COMMISSION OF RECOMMENDING APPROVAL OF A ZONE CHANGE LOCATEDONTHENORTHWESTCORNEROFEUTURE POINSETTIA LANE AND BLACKRAIL COURT. CASE NAME: OCEAN BLUFF CASE NO zc 93-04 THE CITY OF CARLSBAD, CALIFORNIA, FROM LC TO R-1 ON PROPERTY GENERALLY WHEREAS, Ocern Bluff has filed a verified application for certain property, to wit: Lot 3 in Section 22,Tmsbip It south, range 4 west, Sm Bemadino base d mddim In tbe County dSan Diego, State d Calilonri., excepting tbenlcom those porttoas thcnd lying nor& d the south boundmy line d Ranch Agua Hedionda, as saId south llne was estiMisbed May S, 1913, by decree of the Supexior Court d the State d Califda, In d for San Diego County, in that certain action (NO. 16830) entitled Kelly Invcstmcnt Compmy, 8 -0% vs. Ch"X Dayton Hillman and Bessie Olive Hillmm, has been filed with the City of Carlsbad, and rekrred to the Planning Commission; and WHEREAS, said application constitutes a request for a Zone Change as shown on the maps .ttrcbed to and ineorporrrkd by reference in the Draft City Council Ordinance, Exhibit "x attached hcnb as provided by Chapter 2132 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of December, 1995, 6 hold I dr3y notiad public bearing as prcscn'bed by law to consider said request; and wHEREAs,IrtsaidpublicheUing,uponheuingrrnd~nsidering~testimony and arguments, if auy, of all persons desiring to be heard, said Comrmsslo ' nmnsideredall factors relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the , commisson as hlknm 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 A) Th.t the hregoing recitations are true and correct B) That based on tbe evidence presented at the public hearing, the Commission OMh@NDS APPROVAL of Zone Change, ZC 93-04, based 00 the following findings and subject to the following conditions: Ffndina 1. That the proposed Zone change from UmM Control (LC) to One Family Residential (R-1) is consistent with tbe goah and policies of the General Plan Land Use Elemeat (Policy C.1) in that It will dt in "tbe 8mngement dld uses Wch pme community Identity and are orderly, functionally dlcient, hdthhl, and aestbetidly pldng." 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the pperYs underlyhg Low-Medium Residential density (RLM) land use designatha allows single famlly residentid dcrrdopment density does not exceed 4 dwelling units per acrs Condslart with this pdlcy, the proposed pJ&% ovdl ddty is 34 dwdling dts per am 8nd slnglc family md multi-family residential units are propo#d. UCept tb.t 8 V8dw Of OVdl boustq tyPU m8y be dloacd 88 1- 88 tk OVdl Conditions: 1. Approval of 2X 93-04 is granted subject to the approval of LCPA 95-09, CT 9349, SDP 9347, d HDP 93-09. ZC 9344 is subject to aU canditions contained in Planning CommiJdoa Rcsoludon Nor 3867,3869,3870, and 3871 dated Deccmk 1 ! 24 1995. I .... .... .... .... .... .... .... .... .... PCRESONO.3868 -2- c- c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED; AND ADOPTED at a regular meeting of the ma=h- n of the City of Carlsbad, Califbraia, beM on the 20th day of December, 1993, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN: MICHAEL J. HOLZMILLER Planning Director PCRESONO.3868 -3- I I I I I KIM WELSHONS, Chairperson CARISBAD PLA"G.COMMISSION I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZOMNG MAP TO GRANT PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FUTURE POINSETTIA LANE & BLACKRAIL COURT, IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME. OCEAN BLUFF CASE NO zc 93-04 The City Council of the City of Carlsbad, California does ordain as follows: SEcllON I: That Titie 21 of the Carbad Municipal Code is amended by the amendment of the zoning map as shown on the map attached hereto and made a part hereof. A ZONE CHANGE, ZC 93-04, FROM GC TO R-1 ON SECIlON I1 That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 3868 constitutes the findings and conditions of the City council. SECTION III: The Council further iinds that this action is consistent with the General Plan and the Housing Element of the General Plan in that it is consistent with residential land use and affbrdable housing goals and objectives. DATE: This ordinance shall be e&ctive thirty days after its adopw rpd tbe 439 flerit shall cert@ to the adoption of this ordinance and cause it to be pubtisbtd at krst once in the Carisbad Sun within fifteen days after its adoption. INTRODUCED AND FIRSI' READ at a regular meeting of the Carlsbad City council hehi on the day of ,1996, and thereafter ... ... ... .- * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the day of ,1996, by the following vote, to wit AYE& NOES ABSENT: ABsrm APPROVED AS TO FORM AND LEGAIXI'Y RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor E- L-c m R-l OCEANBLUFF LCPA 95-09/ZC 93-04 .- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 WG COMMIS SION RESOLUTION NO. 3869 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 92 SINGLE FAMILY LOTS AND ONE MULTIPLE FAMILY LOT WITH 16 APARTMENTS UNITS ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FUTURE POINSETTIA LANE AND BLACKRAIL COURT WITHIN THE ZONE 20 SPECIFIC PLAN BOUNDARIES. CASE NAME OCEAN BLUFF CASE N 0 cr 93-09 WHEREAS, Bluff Putncrsbip has filed a verified application for certain property to wit Int 3 in Sectloo 22, Township 12 south, range 4 west, !hn Bcrnadino base and meridian in the County d San Diego, State d California, excepting therehorn those mas thereof iying north of the south boundary line d Rancho Agua Hedionda, 1s said south line was estabiished May 5,1913, by decree d the Superior CourC d the State d California, in and for Sm Diego County, in that cedaln action (No. 16830) entftled Kelly Investment Company, 8 corpot.tfon, vs. thence Dayton HIiiman and Bessie Olive Hillman. with the City of Carlsbad which has been referred to the Plsnning commission; and WHEREAS, said verified application constitutes a request for approval of a Tentative Subdivision Map for more than 50 parcels as Shawn on Exhibits "AN dated Decanber 20,1995, on fik in the Planning Department and incorpotated by this reference CTcntrbh+ Map for Ocera Bluff Ct 93-09") as provided in Section 20.12.080(2)(B) of the Carlsbad Municipai code; and WHEREAS, the Planning Commission did, on t& 20th day of Deamber, 1995, hold a duly noticed public he- as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and oonddering all testimony and arguments, if any, of all pexsons desiring to be heard, said Comrmsrn 'onconsideredall factors relating to the Tentative Tract Map. _. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 NOW, THEREFORE, BE I" HEREBY RESOLVED by the Planning A) That the above recitations arc true and correct. B) That based on the evidence presented at the public hearing, the commission on the following findings and subject to the following conditions: COMME NDS APPRO Vu of Carlsbad Tentative Tract, CT 9349, based Findins 1. 2. 3. 4. The Plandng Cornmissloo finds that all kasibk mitigation measures or project alternatives identified in the MEIR 9341 and Zone 24 EIR !JO43 appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The Planning Commission finds that: a. the project is a subsequent development as described in CEQA Guidelines 15168(c)(2), (e), and 15183; b. the project is consistent with the ceacrrl Plan and Zoac 20 Specific Plan; c. there was an EIR catifled (EIR W) in connection with the Zone 20 SpcdfiC HM d. the project has no new significant environmental effect not analyzed as sipficant in the prior EIR; e. none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; Tbt Pldng Commission finds that the project, as conditioned herein for approval is in drmance with the Elements of the Gtfs Geed P~I, based on the followiq: a. Land Use - The project is muistent with the City's General Plan since the propoad density of 3.6 rwSCre is within the density range of 0-4 ddam spedkd for the site as indicated on the Lmd Use Ekmcnt of the General Plan, and altlmgh tbe project aacb &e Growth Control Point d3f fiudli4 unlwacrq 8 daldtyincnu+ is IldBgplocLUcd in rccordurawith Pdlq 3.7.i d the Hod- Raneat and ptmumt to chpta 2153.l20 Of tbe PC RES0 NO. 3869 -2- c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 b. C. d. e. Circulation - The project will be coadltioacd to consbud trro Onsite Pdnscttta he and 8 portion d Bllckrall Court, which 1s COIIsfstent witb both objective kl ~uiti4 an adequate drcuidoa lnlrrstnrcture concurrent witb or prior to the uhlrl demand for such frciitticr and Pdicy C.16 requiting that new devdopment coastnrct roadways needed to serve the proposed devdopment @or to or cobcurrent witb the drculation Mcdl crated by tbc devdopmeat. NO^ - Tbc pr0)Cd IS Coaslsteat With PdIq CJ estrMishlw that 60 dBA CNEL is the exterior ads+ Ievd 8nd 45 dBA CNEL is the interior noise levd to wtricb dI reddentid units should be mitigated since the project will pmvide noise walls l~assuy to mitigate noise to these exterior and interfor levels dong lots abutting Poinsettia Lane. Housing - The proposed 16 unit apartment bousing project I& In Lot 93 of this project and within the Zone 20 Specific Plan, whlch wlll k rllotdablc to lower income bousdrdds, is consistent dtb Policy 3.6.a d the Housing Element In tha! it reprcsentr 15% d the total units In the Ocera BIUn project. The project is consistent with Program 3.6r of the Housing Element , of the General Plan and the Inclusionary Housing Ordinance as the Developer has been mnditioned to enter into an Affordable Housing Agreement to provide and deed restrict 16.24 dwelling units as affordable to I lower-income houscholda Tbc provldon d onsite .nord.Me units results In 8 p&ct density of 3.6 : ckpdiing units pcr IQ, which exceeds tbe Growth Management Contrd Point d 32 ddllng units pcr acm 8nd reqdres 8pprov.l d 8 11s density Increase. The proposed density increase is therefore coasistent with Policy 3.7.b. enabling density inmasts ILIc( Program 3.73 diowfng dlscrdionaty coadderation d ddty incnuer through the processing d 8 site ' devdopment plan in acadmce wltb d implemented by Chapter 2133.120 dtbczoninqOrdl- t PC RES0 NO. 3869 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pdldes CJ2, C23, CJS d C3& Native Mitat Impacts onsite luve been reduced M~/M mltipted by the pnserp.ltl00 d only steep slopes possessing native habitat located dte. AItbough the construction d otloite Pdnsctlir ~tothe~froor"A"S~toAl~R~uadtheconstru~ood"A" Stmet ktcllrwn the prom's southwestun boundmy 8nd PohseUl8 Lane wlll result in impacts to a singie pair d gnatcatchers and approximately 4 .ens of Diegan coastal sage habitat, the impacts due to the roadway dlgnment UT unavoidable and will be rnitigsted through the purchrrs~ d credits in the C.rt&ad Highlands mitigation bank a! 821 do. Mdltlonally, an overstzed Iwdw.y culvert is required to be lnst8iled under the Pdnsctti. Lane extension within the SDGdrE easement (ow space) to mdntah and enhance wildllfe connections to native habitat areas that would otherwise be hpsmented. Tbe Poinsettia LAIK and Street "A" alignments are consistent with the Z&e 20 biological mitigation MCI open space pnsen.tloa regulations, md the coastal sage scrub habitat loss is consistent witb the HMP as follows 1. 2. 3. 4 "he constmctSon of Pdnsettla Lane and Street "A" will not preclude COM~V~Q between Preserve planning b nu (PPAS) since they UT I not located within 8 PPA core .~t4 and not 8 put dr Unkage ; Planning Ant If f'ble, the constructloo of the roadway culvert, under Poinsettia Lane within the SDG&E easement, may facilitate dispersal and movement d wildlife between core areas In PPA's 4 and 5. 1 ! I I ! The h8bit.t loss will aot preclude or prevent tbe pnpurtioa dtbc Unbgdl.I1D/4Ant ' cad- in th8t the 8ra is not 8 put d8 PPA core 8rea of ' .... PC RES0 NO. 3869 4 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 5. 6. 7. 8. 9. 10. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District E,ngin&r determines that sewer seMce is availabk, and building cannot occur within the project unless sewer service remains available, and the -ct Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer servia for this project. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or are required as conditions ! ! 1 of approval. I i I I The developer has agreed and is required by the inclusion of an appropriate f condition to pay a public facilities fee. Performance of that contract and payment i of the fee will enable this body to find that public facilities will be available ' concurrent with need as required by the General Plan. 'Ibe project has been conditioned to pay any increase in public facility fee, or new amdmcth ti& or development fetes, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal codc. This will ensure continued availability of public facilities and will mitigate any cumulative im- created by the project. This project has been conditioned to comply with any requirement approved as part of the LQUI Facilities Management Plan br Zone U. That the project will provide dicknt additional public facilities for the density io excess of the control point to ensure that the adequaq of the City's public facility plana* notbe advemiyh~ in thatthe pm~ircoaditfoacdto provide rll PC RES0 NO. 3869 -5- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. .. 19. 20. mat there have been sufficient developments approved in tbe quadrant at densities below the control point to ofkt the units in the project abe tbe control point so that approval will not result in exceeding the quadrant limit. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance witb adopted City standards, in that the project will not mude tbe provisloa dperform.na standard open space at buildout d Zone 20 and the project is conditioned to provide for dl neceSSay public f8diaCS pdOr fld m8p .pp#d. The project is consistent with the gend provisions and provisions specific to Area C of the Zone 20 Specific Plan (SP 203) including the provision d M onsttc multi- family .nimJaMe housing project. Thc pmjec! is consistent witb dl land use polides d the Mdlo I1 Locrrl Coastal Progrun. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within-the proposed subdivision, in that the project has been designed 8nd structural such &at tba-e are no conflicts witb any cstablisbed crscmentr. I That the property is not subject to a contract entered into pursuant to the Land i That the design of the subdivision provides, to the extent feasible, for future passive I or natural heating or cooling opportunities in the subdivision, in that tbe 7,500+ I square foot lot sizes allow for I vutety d buildlng placement .Ita118tives, IncludJng j the adequate placement and scpurtlon d tbe boma, la combination with the I propo+cd dCLy d Mun I! oor plans and tbe dominant western wind p.tteras/soiar rrdtrtlolr pattenrs, will allow utlltution dnatuml heating 4 coding opportunltles. Conservation Act of 1965 (Williamson Act). I '2hrt the pI.nrriw Commission has considered, in connection with the housing pFaposed by this subdivisioa, the housing needs of tbe region, and balanced those housing needs against the public service needs of the C3ty.d available fiscal and environmental rtsouras; PC RES0 NO. 3869 -6- 1 1 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. 22. 23. 24. W the discharge ofwaste from tbe subdivision will not result in violation of axHng California Regional Water Quality contrd Board requirements, in that the &abage ~uirrments d Specific Plan 203, city OFdln~rar, 8nd Mdlo II have beeu amddad and appropriate Warrgc fdlitles he ken Mgned uw1 scared. In ddldoo to City Englnarlng St.ndardr and compliance with the City% Master Drainage PI4 Natloarl Pollution Dlscbulge Ellmlnrtion System (NPDES) standards dl be Srtisild to prevent my dischaqe vldatlona The Plauniug commission haa reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the chon is in rough proportionality to the impact caused by the project. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April, 1994 in that the project as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noisefland use compatibility matrix of the CLUP, the proposed land usc is compatible with the airport in that the project is located outside the 60 dBA CNEL noise contour allowing residential development to occur. That the Project is consistent with the City's Landscape Manual, adopted by City j Council by incorporation by reference in Carlsbad Municipal Code Section 14.28.020. Planntnn Condttlons 1. I The Plannfng Commission does hereby Fccommend approvd of the Tentative Tract Map for the standard single famlly/multl-family lot subdivision entitled "Ocean Bluff" subject to the conditions hdn set forth. Staff is authorized and directed to 1 make or require the Developer to make all corrections and modifications to the i appmed Documents, as necessary to make them internally consistent and conform : to City Coundl's final action on the project. DeveIopment shall occur substantially as shown on the approved exhibits. Any proposed development subsbntialIy j dif6erent from this approval, shall require an amendment to this approval. I 2. Agprovrl of CI' 9349 is granted subject to the approval of LCPA M, U: 9344, SD? 9347, and HDP 93-09. CT 93-09 is subject to dl conditions contained in Pladng Commission Rcsdutlon Noa 3867,34368,3870, and 3871 dated December 24 -0 3. The Developer shall pruvide the City with a repducaiik 24" I 36", mylar cupy of the Tentative M8p as appFwed by the Pl8Ming comrmsaron . TheTcntrtivcMapshall re&cttbe condi~ofrpprovaibythe<wy. Thc Mapccq~~shallbe submitted to the City Eqber and approvod prior to bdding, e final map, or improvement plan submittal, whichever OCCPI?I first. PCRESONO.3869 -7- 1 2 2 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. Tlt htoper shdl include, as part of thc plans submitted for any permit plan &ck, (L legiik version of the approving ~utiouholutions on a 24‘ x W Mucline drawing. Said bluehe drawing(s) shall ab0 include a copy of any qpkabk Coastal Development Permit and signed approved site pl~. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such Sewer permits and will continue to be available until time of occupancy. A note to this e&ct shall be pled on the find map. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended August 5, 1993) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the subdivider‘s agreement to pay the public facilities fee dated August 5,1993, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not pad this application will not be consistent with the General Plan and approval for this project will be void. Prior to approval of a final map or the issuance/approval of a building permit, which ever OCCUIS first, 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 invohres a financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City’s Growth Management Plan including City Council Policy Statement No. 38, the Developer shall disclose to future owners in the projecf to the maximum extent possible, the existence of the tax and that the school district is the tdng agency responsible for the financing Mct This Project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Lmal Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Lfrpy- * for consbucbion of any public improvements or facilities, or the PIpScnt of any kes in lieu thereoc imposed by this approval or imposed by law on tbit resi&nthl&mmg project are chalkngcd this approval shall be suspended as povided in Government Code sectiOsl66020. If any such condition is determined tobe hdid this approval shall be invalid unless the City Council detennines that tbe project without the condition complies with all requirements of law. PCRESONO.3869 -8- c c 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 11. 12. 13. 14. 15. 16. 17. 18. Prior to the approval of the find map MCI subject to approval d LCPA 95-09, ZC 93-04, SDP 93-07, HDP 93-09, the Developer shall submit to the City a Notice of Restriction to be med in the offia of the County Recorder, subject to the satisfaction of the Planning Director, notimg all interested parties and succcs#)rs in interest that thc city of mad has hued a tent8tive map (m 93-09) for 8 93 lot ddential subdivision on the real property owned by the developer. Said Notice of Restriction shall note the property description, location.,of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in-the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the developer or successor in interest. The Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the Citfs Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the 6nal map, grading permit, or building permit, whichever occurs first. The Developer shall construct ad install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. Building identihition and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the stnet or access road; color of identihition and/or addresses shall contrast to their background color. 'Ibs Developesshall provide bus stops to servia this development at locations and with reasonable facilities to the satisfaction of tbe North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, he from advertising, and a pole for the bus stop sign. The bench and pok shall be desi@ to enhance or be ConsiSttnt with tbe basic architectural theme of the Project All sales mw that are distriiuted or made avrrilabk to the public &all include but not be limited totrail, future and existing schodr, parks, and strcets. Prior to approval of the find map, the Developer shall receive apQroval of a Coastal that substantially collfocmb to this appmvd. A signed copy of the coclstal Development Permit must .. Development Permit issued by tbe calitorni. coartrl COmrmsMM PC RES0 NO. 3869 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 19. 20. 21. 22. 23. k! submitted to the Planning Director. If the approval is substantially different, an rmtzldment to Tentative Tract Map CT 93-09 shall be required. Prior to approval of tbe final map, the Developer shall be required: (1) to consult with the United States Fish and Wildlife Sewice (USFWS) regarding the impact of the project on the Coastal California Gnatcatcher, and; 2) obtain any permits required by the USWFS. The Developer, or their succesx)rs in interest, shall improve the project Site with the Project as described in the Final EIR 90-03, except as modified by this resolution. The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Prior to the approval of the ha1 map for any phase of this Project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 16 dwelling units on Lot 93 as affordable to lower-income households for the useful life of the dwelling units and to pay to the City an amount of mosey qual to 24 times the average subsidy needed to make affordable a lower- income household, as appropriate, one newly constructed typical attached housing unit in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director not later than 30 days after the submittal of the final map. Upon showing by the developer that an onsite contribution is not appropriate for the project, a second inclusionary housing option available to the developer shall be that prior to final map approval, the developer shall enter into an agreement with the City to purchase afl'ordable credits from Villa Loma or participate In an offsite corn bind inclusionary project within the southwe? quadrant and as appropriate, in accordance with the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code, the Zone 20 Specific Plan, and City Council Policies 57 and 58 dstal September 12, 1985. Prior to City Council approval, the developer shall submit a sign$ Modable Housing Agreement to the Housing and Redevelopment Mnctor. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Concurrent wlth any proposal to satiw the project's' lncluslonary housing requirement in an offdte combined inclusionary pmject, the developer shall process a tentative map revision to the Ocean Bluff project in which the total number of onsite single family residential lots shall not exceed 96 in accordance with the density permitted by the Growth Management Growth Control Point for the parcel. PC RES0 NO. 3869 -10- . t 1 4 I f 4 < 1t 11 1; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 Environmental Conditions: 25. 26. 27. 28. To offset the conversion d non-pdme 8gxicultural land to urbrn lurd uses per tbe requirements of the Mello II Lacrrl C0rrSt.l pFocpun, prior to approval d the fld map, the applicant shall provide payment d an agricultural mitigation fee, tbe mount d which shall not be less thur $!J,OOO nor more than Sl0,OOO per nd converted am The amount dtbe fa shall be determined by the City Council prior to approval of the final map and shall be consistent with the provisions of Carlsbad's KP. Improvement plans shall be submitted to the Clty for review and approval showing locations/slzfng d reclaimed water and/or uriun modi divdoa fdiitlcs, in accordance with the Culsbrd Municipal Water District quirunents and phrsrng schedule provided in the Zone 20 LFMP. Tbe Homeowners Assodatloo shall oM.in and distribute to owners and tenants annual information lrom CdtrurS d NCID rqpFding the 8vallabillty d public transportation, ride sharing and tnnspodation pooling services in the am. This Information shall .Is0 be prodded in the sales/r#ltrl dncea A condition stating this shall also be placed In the CC&R's for the project. Compliance witb APCD Ruler 51 (" "Nuisance" Rule), 52 (putlculate Matter), I and 54 (Dust and Fumes) dthe Air Quality Chapter would eftectlvdy mitigate dust ' impacts generated during grading operations. A note &all be placed on the Brpdlng wit stipulating t&t the following masuru shall be required to achieve compliance with these rulu and reduce constructloa related air pollutants L . Tbe wa!erlng d all sud.cer being lprdcd urd haul routes shall be required during drJr weather coadltloan PCRESONO.3869 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 Pursuant to the Interim Take pmvisions d the 4d Rule fix the California 29. 30. 31. 32 Removal d native vegetation and dcrrdopment d Open Space Lot "A", including but ' not limited to I' walls, dcclrs, storage buildings, pods, spas, strlmays, and landscaping, is spcdfldly prohibited, except upon writ!en order of the Culsbad Planning Dlrectot, d (Cdifbdni. Coastal Commission if in Coastal Zone), based upon I request from the Homeownem Assdatlon .ccompanIed by report fmm a qualified ubortst/botaaist indicating the nad to remove specifled tnes and/or plants because d disease w impending danger to adjacent habitable dwdling units. For areas coataid4 native vcgd.tlon tbe nport required to reeoslpany the request Fire Depvtmcnt for Rn prevention purposcr, or upoa wlittcn 8pprOv.l d the sbll bc pnpulcd by 8 qdifled bid@* A. umrdzed culvert is c#y)lllmeaded to be Installed underthe pdda Lane extuuioa a! the SDGdiE easement to m.lnt.in d mhmce wildlife COMdctlotm at the the madway 1mprovePIcnt phus am submitted do the Ctty Engineering Department for review. Specific rnltigatjoo masura required to be imqnmted into the design dthae culv&s, if neaerruy, SUI be basad on fbbm biological studles, subjcd to revlemmd approd by the Phni4 MFsdor. ~k fculwit)or-- 111 011- euhvrt rt thl#kdb~ shrli be r 1 : I 4 C c € 7 e S 1c 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 33. 34. 35. 36. 37. 38. 39. storage baildings, pods, spas, stairways, and landscaping, other than that approved aa put of landscape plan as shown on Exhibit "IC. Prior to approval of the final map, the Developer shall provide an imvocable offkr of dedication to the City of Carisbad for a trail easement the trail shown on the Tentative Map within Lot(s) 74 79, M, 81,- 83,84, and 86. I& prior to final map, the City of Carisbad accepts dedication of the trail easement and assumes responsibility for maintenance and liability tben the Developer shall be required to construd tbe MI. If the City of Carlsbad docs not accept liability and maintenance responsibility for the Citywide Trail System, prior to recordation of the final map, the Developer will not be required to construct the trail(s). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed Poinsettia he Transportation Conidor in a form meeting the approval of the Planning Director and f City Attorney (see Noise Form #1 on file in the Planning Department). I I Prior to the remrdation of the first final tract map or the issuance of building , permits, whichever occurs first, the Developer shall prepare and record a Notice that 1 this property is subject to overflight, sight, and sound of aircraft operating from Palomar Airport in a bm meeting the approval of the Planning Director and the i City Attorney (see Noise, Form #2 on 6ile in the Planning Department). In accordance with the Occur BluN Acoustical Study pnpved by James C. Beny, Acoustidm, prior to occupurq d my d the dwdling units, the developer shall construct 8 continuous 6 foot hlgh dsc Her wall above a minimum 1 foot high berm as shown on Exhibit "A", Section B-B. 'Ik design dthe wall shall be included j on the landsape plans for the project and shall require tbe dew and approval of 1 the Planning Dindor. PCRESONO.3869 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. 42. 43. 4d a. b. C. d. e. Prior to any grading of the Project site, a paleontologist shall be retained to perform a walkover suwey of the site and to review the grading plans to determine if the proposed grading will impact fd resouras. A copy of the paleontolo@'s report shall be pruvidcd to the Planning Director prior to issuana of a grading permit; A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples hr laboratory processing through fine mens. The paleontologist shall make periodic reports to the Planning Director during the grading process; The paleontologist shall be ailowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; All fossils coilectcd shall be donated to a public, non-profit institution with a rescarcb interest in the materials, such as the San Diego Natural History Museum; Any conflicts regarding the rok of the paleontologist and the grading activities of the project shall be resohred by the Planning Director and City Engineer. I Mor to issuance d 8 building permit tbe pmject sbdl comply with the City d ! ~ All gmdlng shrll comply with tbe reeomma~datioar d the Ninyo and Moor ' Gmhdmkd Invcsti@on, dated Febnm~y 6,1989, paformed for the project and m dlk la tk Plurntng Deputment. Carisbad% standards for solid waste management. I I PCRESONO.3869 -re 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 - - 20 c 45. 46. 47. 48. 49. 50. .... If the developer chooses to construct out of phase, the new phasing must be reviewed and approved by the City Engineer and Planning Director. The developer shall defend, indemnifv and hold harmless the City and its agents, offian, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an apprmal of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. The developer shall pay the current 14 drainage area fee or shall consb~ct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards to the satisfaction of the City Engineer. The mer of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions, shown in part on the tentative map and listed 8a follm a. The storm draln easement on Lot 33 sball be 20 fa wick as required by City Standards. b. All the internal stndr as shown on the tentative map. c Tbe mons d Pdnsettfr Lane and Bl.drrril Court within the subdivision bound8rier. A60 loot wide atendon d Street "D" acrose Lab 22 and 21. 6 Tbe offer &all.be made by a certificate on the final map. All land so offered shall be granted to the City free and clear of all lieas and encumbrances and without cust to tbe City. Streets that arc already public are not required to be rededicated. PC RES0 NO. 3869 -1s- ! 1 i 2 4 c e 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51. 52. 53. 54. 55. 56. Tbc above disdown may be in the form d a cccordcd agreement, non-mapping notes on the find map, deed nSMCtton0 or mother metbod satisfactory to the City Englneer d Dlnctor of PIdng The developer shall underground all existing overhead utilities onsite along the subdivision boundary. Direct access rights for all lots abutting PdnseUla he and Blackrail Court shall be ! waived on the final map. I I Prior to approval of any grading or building permits for this project, the mer shall give written consent to the annexation of the area shown within the boundaries of the j site plan into the existing City of Carl&& Street Lighting and Landscaping District i No. 1 on a form provided by the City. The developer shall comply with the City's requirements of the National Pollutaht Discharge Elimination System (NPDES) pexmit. The developer shall provide best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer The temporuy bash shown on Lot 1 shall be designed to the satisfaction of the City ; Engineer. Tbe basin shall remdn In use until the City Enginar determines it is no longer needed or until Basin CF pes the Muter Drrlnage md Storm Water Quality i Management Plan is construdcd. Thc devdoper shslll enter into 8 basin mdntenance I agreement urd submit a maintenance bond satisfactory to tbe Clty Engineer prior to the approval d grading building permit or find map Wtricbever occurs Srst for ! this proJect. Tbe basin shall be serviced by an all-weather rccesdmaintenance road. plrrrt, spdkations, and supporting documents br all public improvements shall be pcputd to the satisfaction of the City Engineer. In accordance with City Standards, tb hlaper SUI install, or agree to install and sccwe with appropriate security as pavided by law, impmcments shown on the tentative map and the following I I improvements: t ~tephucoac: A Str#tr "G", "H", and tht porttoo d"F'within &e pIuse one bomdaq to st.odud full rsldtb impmmeamts as sboum 011 tht tentdve map. Tbcodte and eontlguow portfoo dBldaail Court MI have N1 haif B. dnet lmprwcmeatr plus It fee! dp.rlne drrrinye f8cllitlcr and all ufilltles PCRESONO.3869 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C Ssect"P"itollltbephaseaacbounduytostrat"D",strc+t"D"hmstreet "F to strat "B", street "B" frvm stmet "D" to stnd "A" and sb#t "A" within Ibd eoatiguour to tbc subdividon boundary MI have hrll half street improvements plus It fat of paviw drainage fadlitler including the brsln on lot one and dl utilities normally required heath the paving. D. Tbc qutred smer and water lines fmm Bllckroil Court within the digruncat d strat "D" to stnet "B". Ondte Phase Two= E, Full improvements to sb.atr "D", "E", and "F including 28 feet of pavement within the 30 foot Interim access to stnd "D" from Blackroil Court and bonding for its uitlmate removal. That portloo d Pdnsda Lurc within tbe subdlddon. F. onsite ph.sc Thne: G. Full Improvements to streets "B" and "C". oflstte Phase one H. I Blackrail Court hm Alp Road to the southerly project bunday shall have hrll ball StntL impvancots plw 12 feet d paving includlng curb and gutter, ddewdl, drrlnagc fadlides rad sbwt lights 011 one Si& within 1 midmum 42 foot nlde publicly dedlatcd easement in complluwx with the cuidesac st.adud as ddermiaed by tbe City Engineer. Also included are dI utilities normally required to be beneath thc paving. This project is not required to underground the overbead utilities otldte. L Street "A" &dl be aterrdcd to eolllldcf the southwestern won oftbc project dte to Pdnsettta Law approxim.tdy 1209 fat of the Blackmil Court intersdon. "Us atension offsite hm thc project shrll have t minimum 32 foot wkk paved stred nlthln a 42 foot wi& publicly dedlMt.A easement, all tdlltler nomally required to be bcnerrtb the pIPposCd paving and drainage hdliticr PC RES0 NO. 3869 -17- 1 2 .: 4 f e 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 57. 58. 59. 60. 61. 62. A list of the above improvements shall be placed on an additional map sheet on tbe 6nal map per the provisions of Sections 66434.2 of the subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. The devdopu rhrll pay fiw the WI impplpvements for Poinsettia Lane and Alga Rod in .ccord.IIce with a Wure hrndfng mechanism, or pay feu paid, In conformma with the updated ZOM 20 Local F.cilitfes Management plan lunding program. Tbc developer may apply fix a reimbursement 8gmment. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City councit approval unkss a final map is recorded. An extension may be requested by the developer. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval hm the City Engineer for tbe proposed haul route. The developer shail comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for tbis project is required. The developer must ' submit and reaive'approvd lbr grading plans in accordance with City Codes and Standards. Prior to issuance of a building permit br the project, a grading permit shall be obtained and grading work shall be completed in substantial conformance 1 with the approve grading plans. The developer may apply fw and obtain I mass grading permit wbcn submitting the first final map. i NOTE: pacling permit or building pennit, whicker occufs first, the developer shall submit pod that a Ndia of Intention has been submitted to the State Water Resources a8tdlBOud. No grading for prbte improvements shall occur outside the Iimits of the project unless a grading or dope easement is obtained hm the owners of the afdectcd propertier. If the developer is unable to obtain the grading or slope easement either the tentative map shall be amended or tbe plans shall be modidiod so grading for pdvate improvcprcrrtr will not occu outside the project site in a manner which substantially cudorma to the apprwcd tentative map aa determined by the Civ EngineerdPlanningDdctor. . Ifthc dirturbed area is fie acres or more, prior to the issuance of a I I PCRESONO.3869 - 1% c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 63. 64. 65. Same improvements shown on the tentative map and/or required by these conditions am bated oflbite on property which neither the City nor the mer has sufficient title or interest to permit the improvements to be made without acquisition of titk or interest The applicant shall canform to Section 20.16.095 of the Carlsbad Municipal Code. Prior to issuane of a building permit for any buildable lot within the subdivision, the property mer shall pay a one-time special development tax in accordance with City Council Rdution No. 91-39. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. JWe Condttlonq 66. 67. 68. 69. 70. 71. Prior to building occupancy, private roads and driveways which sewe as required access for emergency senice vehicles shall be potsed as fire lanes in accordance with the requirements of Section 17.04.020 of the Carlsbad Municipal Code. Rior to issuance of the building permit, the applicant shall obtain Fire Department approval of a wildland fuel management plan. The plan shall clearly indicate methods proposed to mitigate and manage fire risk associated with native vegetation growing within 60 feet of structures. The plan shall reflect the standards presented in the fire suppression element of the City of carfsbad Landscape Guidelines Manual. Prior to occupancy of buildings, all wildland fuel mitigation activities must be complete, and the condition of aU vegetation within 60 feet of structures found to be in conformance with an approvcd wildland fuel management plan. Prior to issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and life safety requirement of the state and local Fire codes. Applicant shall submit a site plan to the Fire Department for approval which depicts trntkrn of nquired, proposed and existing public water mains and fire hydrants. Tbir plan shod$ indude off-site fire hydrants within 200 feet of the project. pnuidc dditionrrl public fire hydrants at intervals of 500 feet along public streets dm private driveways. Hydrants should be located at street intersections when posa’bk, but sbould be positioncd no closer than 100 feet from terminus of a street or driveway. The appiiant shall provide a street map which drms to the followins rquircmentx a 400 scale photcbreductioa mylar depicting prapoeed improvements and at kast hwo existing intersectmu * or streets. The map shall also cleaxly depict street ante- hydrant locations, aud street PCRESONO.3869 -19- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 72 73. 74. 75. Appliant shall submit a site plan &picting emergency access mutq driveways and tdk circulation for Fii Department approval. An all weather, unobstructed access road suitable for emergency service vehicks shall be provided and maintained during construction. When in the opinion of the Fie Chief, the access road bas become unserviaable due to inclement weather or other reasons, he may, in the interest of public safkty, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants, and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to final inspection, all security gate systems controlling vehicular access shall be equipped with a "Knox" key operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. Water District Conditions: 76. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands can be met. 77. The developer shall be responsible for all fees, deposits and cbarges which will be ' collected before and/or at the time of issuance of the budding permits. Tbe San 1 Diego County Water Authority capacity charge wilJ be collected at issuance of application for meter installation. 78. Sequentially, the Developers Engineer shall do the following: a. Meet with the City Fm Manhall and establish the fire protection requirements. Also obtain G. P. M. demand for domestic and imgational needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Depuhnent for procasing and appd. prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the Disbict Engineer for review, comment and approval of the preliminary system layouts and usages (ie - I c. GPM - EDU). 79. Thit project is approved upon the expressed amdition that building permits will not be issued for atvelopmcnt ofthe subject propeq unkss the water district serving the developmentdetermincs that adquatcanterscrvia andscwerhcilitics arc available at the time of application for such water service and sewer permits will continue to be availabk until time of accu~. This nott shall be placed on the fial map. Pc RES0 NO. 3869 -20- 1 2 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 80. Itany of the foregoing conditions fail to occur, or if they are, by their terms, to be impkmented and maintained overltime, if any of such conditions Eail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modi@ all approvals herein granted, deny or further condition issuance of all future building permits, deny, woke or further condition all certificatts of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's apprwal of this Resolution. Code Reminden: The project is subject to all applicable provisions of local ordinances, including but not limited to the following de requirements. 81. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. FeeS: 82. The Developer shall pay park-in-lieu Ees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 83. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Find Map Notes: 84. The Developer shall provide the foIlowing note on the final map of the subdivision and final mylar of this development submitted to the City. "Chapter. 21.90 of the Carlsbad Municipal Code establishes a Growth Management contrd Poiat for each General Plan land use designation. Development cannot emecd the Growth Control Point except as provided by Chapters 21.90 and Chapter 2153 allowing density increrscr upoe City Council qpd. The laad usc designation for this development is RLM. The Growth Control Point for this designation is 32 dwebg units per nonmnstmincd acre. Parab 1 - 93 and Lot "A" an shown 00 ExhlMt "A" were used to calculate the intensity of development under tbe General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of tbtse parcels must also include parcels under the General Plan and Chapter 21.90 oftbe Cadsbad Municipal Code.' 85. The following notc shall be placedanthc Firul Map: "Prior toirrsuance of I building permit hr auy buildabk lot within the subdidon, tbe I)evcbper shall pay a one- PC RES0 NO. 3869 -21- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 time rpedal &welopent tax in accordance with the City council Resolution No. 91- ST 86. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinanas in e&ct at time of building pcrmit issuance, except as otherwise speddy provided herein. 87. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as pmided in Building Department Policy No. 86.6, to the satisfaction of the Directors of Planning and Building. 88. The Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's appraval prior to final map approval. 89. The developer shall exercise special care during the constnction phase of this project to prevent ofbite siltation. Planting and erosion control shall be provided in accotdance with the Carbad Municipal Code. 90. All landscape and irrigation plus shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department signs: 91. .... .... .... .... .... .... .... Any sip proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PCRESONO.3869 -22- I c 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED,. AND ADOPTED at I regular meeting of the of the City of Carlsbad, California, held on the 20th day of, 1995, by .. manai--- the foIbwiug vote, to wit: AYES NOES: ABSENT: mm MICHAEL J. HOLZMILLER Planning Director PCRESONO.3869 KIM WEISHONS, Chairperson CARLSBAD PLANNING COMMISSION -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 C COMMISSION RESOLWITON NO. 38 74 A RESOLUTION OF THE PLANNING COMMISSION OF THE ClTY OF C'ARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 93-07 ON FUTURE LOT 93 OF PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FUTURE POINSElTIA LANE AND BLACKRAIL COURT WITHINTHE ZONE 20 SPECIFIC PLAN BOUNDARIES. CASENAME: OCEAN BLUFF CASE NO SDP 93-07 WHEREAS, Ocean Bluf? Partnc#ship has filed a verified application for certain property described as future lot 93 of; Ld 3 in Section 22, Township 12 south, range 4 WtQf, Sur Bernadine base and meridian in the County d Sur Diegq State d California, excepting tbenhom those portions thcreof lying north d the south boundary llne d Rancho Agua Hedionda, as said south line was cstrrblisbed May 5, 1913, by decree d tbc Superior Court of the State d Califdr, in and fw Slur Diego County, in that cerWn actioa (No. 16830) entitled Kelly Investment Company, a corporation, YS. Clarence Dayton Hillman and hie Olive Hillman. WHEREAS, said verified application constitutes a request for a Site Development Plan approval 8s sbown on Exhibit %-I", dated December 20,1995 on file in the Planning Dcputmcnt urd incorporated by this deremce ("SDP 93-07") as provided by Chapter 2153 of the Carlsbad Municipal Code; and . WHEREAS, pursuant to tbe provisions of the Municipal Code, the Planning Commimion did, cni the 20th day of Dcccmbcr, 1995, consider said request; a WHEREAS, at said public bearing, upon hcuing and considering all testimony and arguments, if any, of all persons dashing to be heard, said Chnmidon considered all factors relating to SDP 93.97. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commhion of the City of Carlsbad as folknus A) Tbatthebrcgoingrccitationsaretruead~~ *- roadway. Tbe pmject's ldoa is tberdon oriented so that lprutment Mc I 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 c 28 - - B) That based on the evidence presented at the public hearing, the Commission UPROW Site Development Plan, SDP 9347, based on the following findings and subject to the following conditions: 1. All findings contained in Planning 'Cornmidon Resolution No. 3869 for (X 93-09 are incorporrted henin by rderenct. 2. That the requested use is: a) properly related to the site, surroundings and environmental settings, b) is consistent with the various elements and objectives of the General Plan; c) will not be detrimental to existing uses or to uses specifically permitkd in the area in which the proposed usc is to be located; and d) will not adversely impact the site, surroundings or traffic circulation, in that; aa bl. b2. i The 16 unit .putmat bouslng project located within thc Zoac 20 Specific ' PI4 whlcb will be .Ilord.ble to lower Income households, Is condotent with PoUq 3.6.a d the Housing Elemat In that It ~epnrents 15% d the total ' Units In the Ocean Bluff pr0)Cd. Ibt prp)a!t, which requires 811.8% ddty tnatrsc above the gmwth coatrd point, is dso consistent with Housing ' Pdlq 33 In that the alldon d"acesa units" to Wng development for larr l&c bouseboldr Is givea tbe higiled priodty. PC RES0 NO. 3870 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. .... .... w8 c d. Tbc pIoposcd density lnenuc d 11.4 dwelling dtr above the Growth Mmmgunent Cootrol Pdnt for tbe purport d pmldlng 16 dknhbie rsquirement is consistent witb Pdicy 38 allowing QCCOI dwelling units to be diocrted with the top priority being busing development for low and very low income households. rputmalt unlts dte to Srtlsfy the ProJeCfs lndustoMIy wn( Tbt pmJect is comprtlMe witb surrounding vacant d agdcultud development in that It will not impact agrlculturrl uses due to sepamtioa from these uses by rod rIgMs4way d buffers in the form of29 d sepdon and/or 6 wdla "be overall pmject, including the 16 unit apartment project, is within the low-medium General Plan residential density range whicb will be consistent with future development of surrounding properties also designated fbr low-medium residential density. Compatibility is also achieved since both the proJect and surrounding properties will be developed with standard single family or clustered multi-family units. Tbe project site is cumntly not med by I public mad and surrounding uses are limited to rgrfculturrl and residential dwellings. "he 16 unit rpvtment proJect will not be detrimental to surrounding residential uses since rU public fdiitles Including the construdloo d Pdnsettir Lane d Blackdl Court neewary to serve the pJed will be coRdsudcd dch will provide access and utilitles to the dte, and 29 sepamtioa bctwan uses d intenenlng 4 walls 411 miagate potcotlal dlcts bchrccn residential and agricultural use& That the site for the intended use is adequate in size and shape to accommodate the two-stay 16 unit apartment Project in tbe R-1 zoac, since coverage of the .76 acre site is 23.646, (well below the 60% maximum covemge allowed by the Speciflc Plan), and front, side, and rear sctbtciw exceed the midmum reqdnd That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, slnce the 16 unit .putmat proJect will exd the minirun required SetbaCb and 36.7% dthe site coasistr dlandscapl coveragc kddttioarlly, a midmum d 200 sqwn feet per unit d private and common rwedod open space md34 pvldng spaces to srtratbe Parking otdlnance fix multl-famlly dwellings will be provided. PC RESO NO. 3870 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 1. 2. 3. 4. 5. 6. The Planning Commission does hereby mommend APPROVAL of the Stte Development Plan for the aflordable .putmat project entitled "Ocean Bluff, subject to the conditions herein set forth. StaB is authorized and directed to make or require the Developer to make all corrections and modifications to the Site Dcvdopment Plan Documents, as necessary to make them internally consistent and conform to City Council's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. Approval of SDP 93-07 is granted subject to City Council approval of LCPA SS-OS, 2X 9344, 93-09, and HDP 93-09 urd the Housing Commissloa's ncommendation of approval for the requested density tncruse incentive. SDP 93-07 is subject to all conditions contained in Planning Commission Resolution Nos. 3867,3868,3869, and 3871 dated December 20,1995. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. The Developer shall provide the City with a reproducible 24" x 36", mylar cow of the Site Plan as approved by the hal decision making body. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer shall construct the required inclusionary units ancumnt with the project's market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule br development. 'Ibc projcd shall complywltb the Zoac to Specific Plan Architectural Standards for m.t#ldr and colors. Fln corditlopr 7. All buildings having an aggregate floor area in excess of 1QooO square feet must be protected by automatic fire sprinkler systems. Planr and specifications must be approved by the fin department and a permit obtained prior to installation. 8. Proposed multi-family residential buildinp must be prosected by 6re alarm systems. Plans and specifications must be approved and a permit obtained prior to installation. 9. A monument sign shall be installed at the entrance to the may indicating the PCRESONO.3870 4 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 14. 15. 16. .... ddnsrcr of the buildings on site. pdor to issuance of building permits, the Fire Departmen. shall evaluate building pltnr for conformance with applicable fire and life safety requirements of the state and local Fire codes. Provide additional public fire hydrants at intervals of 300 feet along public streets and private driveways. Hydrants should be located at street intersections when possible, but should be @timed no closer than 100 feet from terminus of a street or driveway. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Water Conditions: PCRESONO.3870 The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. The developer shall be responsible for all kes, deposits and charges which Win be collected before and/or at the time of issuance of the building permits. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. Sequentially, the Developers Engineer shall do the following: a. Meet with the City Fi Marshall and establish the fire protection requirements. Also obtain G. P. M. demand for domestic and inigational needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. c. Prior to the preparation of sewer, water and reclaimed water improvement plans, C meeting must be scheduled with the District Engineer for’review, annmcnt and approval of the preliminary system layouts and wag& (ie - GPM - EDU). Thiir project is approved upon the expressed condition thatbuilding permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water senrice and Sewer facilities are available at the time of application for such water service and mer permits will mtinue to be availabk until time of occupanq. Thir note shall be placed on the 6nd map. -5- 4 4 I * 1 I . t - I E E 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PASSED, APPROVED; AND ADOPTED rt 8 regular meeting of tbe ma=4 - n of the City of carlsbad, California, held on the toth day of Deccmbef, 1995, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN: KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION ._ MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 3870 -6- 1 : c i 4 c € i E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 G COMMISSION RESOLUTION NO. 3871 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL A HILLSIDE DEVELOPMENT PERMlT AND EXCLUSIONS FROM THEAPPLICATIONOFTHEMLLSIDEORDINANCEON I 1 PROPERTY GENERALLY LOCATED ON THE NORT"CORNER0FFUTUREPOINSE"ITIALANE I AND BLACKRAlL COURT WlTHIN THE ZONE 20 SPECIFIC PLAN BOUNDARIES. I 1 CASE NAME: OCEAN BLUFF i CASE NO HDP 93-09 I WHEREAS, Ocean Bluff Partnership has filed a verified application for I I I i certain property to wit I -I .< Lot 3 in Won 22, Townsblp 12 south, range 4 west, San Bemadin0 base and meridian in the County d SUI Diego, lying north d the soutb bounduy line of Rancho Agiu State dCdlfbmi4 excepting thedbm those portions thend i I Hdiondq as !hid south line was estabiisbed May 5,1913, by decree d the Superior Court in the State d C.lifomIa, in and for Sur Diego County, in that ccct./I1 don (No. 16830) entitled Kelly Investment Company, I corporrtfoa, vs. Clu#rce Dayton Hillman and We Olive Hillman. I I which has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application coqititutes a request for a Hillside Development Permit as sl~m on Exhibits "A-G, M and N", dated December 20,1995 on file in thr PIutntq Dcpvtment and irrcorporrtcd by this rdcnncc ("HDP 93109"), as provided by Ch@er 2195 of the CirJSbad Municipal code; and WHEREAS,thePl~g~~didontheZOtbdayofDeccmber, 1995, consider said req\test; and WHEREAS, atsaidhearing, upon hemhgandumsjderipb all testimony and arguments, if any, of all persoar desiring to be heard, said comanisron amsidered all facton relating to the Hillside Development Pennit; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning commbdon as fouaws: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the commisson COMMENDS APPROV& of Hillside Development Permit, HDP 93-09, based on the following findings and subject to the following conditions: Flndinnu: 1. That hillside conditions have been properly identified on the constraints map (Exhibits "G" and "M" dated December 20,1995) which show existing and proposed conditions and slope percentages; 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map (ExhiMtr "C" and "M" dated December 20,1995); 3. That the development proposal is consistent with the intent, purpoa, and requirements of the Hillside Ordinance, Chapter 21.95, in that onsite pjed pang, which is terrrced bm west to as&, follows existing topography up to a ridge line which is dried to the greatest dent posdblc Grading volumes of 5,290 cy/acre am within the acceptable range, and manufactured cut and fill slopes will nd exceed 30 f& in height md will be visually satawl with landscaping. Compliance with 1 Hillside Architecturrl guidelines will be accomplished through the processing of an I amendment to this Hillside Devdopmcnt Permit. That the proposed development or grading will not occur in the undevelopable 1 portions of the site pursuant to provisions of Section 2153.230 of the Carlsbad 1 Municipal Code, in that the wdte grading will avoid disturbance to hillside slopes I exceeding 2.5%. Grading necessuy for tbe extension d Poinscttla Lane, a ma@r ' circulation dement roadway, wlll end into 2S%+ slopes, however, grading uecesmy for circulation dement roadways is hereby excluded hrn the provisions d the Hillside DcPdopment Ordlnrncc by tbe Planning Comrnlsdoa pursuant to Sdoa 2195.090 d the CMC. I I I 4. 5. TBat the project design and lot configuration disturbance of hillside lands, in that ailti- dopes exdim 25% .I) avddcd ULd propcw+d Qding will dm to tbe aiding id eoLlfout. .. c 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 20 family Lots 1-92, CO~O~~~ Will bc ensud throw the rtvim and of architecture as an amendment to this Hillside Development Permit. Con- 1. 2. 3. .... .... .... .... .... .... .... .... .... .... .... .... The Planning Commission does hereby recommend approval of the Hillside Development Permit for the residential subdivision project entitled "Ocean Bluff", subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Hillside Development Permit Documents, as necessary to make them internally consistent and conform to City Council's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. Approval of HDP 93-09 is granted subject to the approval of LCPA 95-09, ZC 9344, CT 93-, and SDP 93-07. HDP 93-09 is subject to all conditions contained in Planning Commission Resolution Nos. 3867,3868,3869, and 3870 dated December 20, 1995. Prior to the issuance of buildlng permits on lots 1-92 for single family residential structures, an amendment to this Hillside Development Permit shall be submitted for review and approval by the Planning Commission to ensure that architecture is consistent with the Hillside Development Ordinance architectural standards. PC RES0 NO. 3871 -3- c - 1 i < 4 C e 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the plannirn- ' n of the City of Carisbad, California, held on the 20th day of December, 1995, by the following vote, to wit AYES: NOES: ABSENT: mm KIM WELSHONS, Chairperson cARLsBADPIAN"GCOMMISS10N MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 3871 4 OCEANBLUFF LCPA 9509/ZC 93-04/CT 93-09/ SDP 93-07/HDP 93-09 Y ACT ASStSMEN" FORM-PART Cm, BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: LCPA 95-09/ZC 93 44lCT 93-091s DP 9347/HD P 93-09 DATE: Sptembe r 18. 1995 BACKGROUND 1. CASENAME: OCEANBLUFF 2. APPLICANT: OCEAN BLUFF PARTNERSHIP 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4180 La Job Village Drive, Suite 30, San Diego, CA 92037 4. DATE EIA FORM PART I SUBMITI'ED: August 6,1993 5. PROJECI' DESCRIPTION: The project consists of a zone change fiom L-C to the R-1 single family zone in which minimum 7,500 square foot lots are pcxmitted, the subdivision of 92 single family lots, and one multifamily lot on a 31.2 acre parcel located in Planning Area C of the Zone 20 Specific Plan area. Consistent with the underlying RLM General Plan designation, the total number of units is 108 (92 single family and 16 multifamily units) on 30.2 developable acrcs resulting in an overall project density of 3.6 dwelling units per am which is consistent with the underlying RLM General Plan designation. The 16 unit apartment project will fulfill the projects inclusionary housing requirement. offsite improvements necessary to ~er~e the project include Street "A" from the southwest comer of the project south to the intersection of future Poinsettia Lane extension, Poinsettia Lane between the existing easterly temzinuS to Street A, and Blackrail Road from its existing northem terminus to the northeast comer of the project. Onsite grading involves 320,000 cubic yards of balanced cut and fd and results in a terraced hillside design in accordance with the Hillside Development Ordinance. 1 PUBLIC NOTICE OF PRI OR ENMRONME NTAL COMPL IANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already ban considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: LCPA 95-09/ZC 9344/CI' 9349/SDP 9347/HDP 9349 - Ocesn Bluff Project Location: South of Palomar Airpott Road between El Camin0 Real and Paseo del None directly north of the terminus of Blackrail Court in LFM Zone 20 and the Zone 20 Specific Plan area. Project Description: The project cmsb of a Local coastal Program Amendment and zone change from L-C to the R-1 single My tone in which mjnimum 7300 square foot lots are permitted, the subdivision of 92 single family lots, and om multifamily lot on a 31.2 acre parcel located in Planning Area C of the Zona 20 Specific Plan area. Consistent with the underlying RLM General Plan designation, the td number of Units is 108 (92 sf lots and 16 apartment units) on 30.2 developable acres resulting in an overall project density of 3.6 dwelling units per acre. The 16 unit apartment project fuElls the project's inclusiomry housing requirement. The project also includes offsite itnpvcments necessary to seme the project including Street "A" extension, Poinsettia Lane between the existing easterly tuminus to Street "A", and Blackrail Court from its existing northerly terminus to the northeast comer of the project. Onsite grading involves 320,000 cubic yards of halanced cut and fill and results in a terraced hillside design in accordance with the Hillside Development Ordinance. from the southwest comer of the project south to the intm of future poinsettia Lane Justification far this detemunatl 'on is on file in the Planning Department, community Development, mS Ia pplrmu Drive, carlsbad, California 92009. Camments from the public of date of pu- DATED: SEPI'EMBER 21, 1995 CASE NO are invited. PISrslr admit amperits in writing to the planning J.HO ILLER LCPA 95-09/Zc 93-#/CT 93491 SDP 9Un/HDP 93-09 APPLICANT: WEAN BLUFF PART"W PUBLISH DATE: SEPTEMBER 27,1995 MJ?kAH:kc 9 2075 La8 Palrnas Drive - Cartsbad. California 92009-1576 (619) 438-1 161 @ DETERMINATION. on the basis of this initirtmm 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLAUTION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. U I find that the proposed project MAY have significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT/MITIGATE NEGATNE DECLARATION is required, but it must analyze only the effects that remain to be addressed. .u I find that although the proposed project could have a significant effect on the environment, then WILL NOT be a signifcant effect in this case because all potentially si@icant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation mcasures that are imposed upon the proposed project. Therefore, a Notice of Rior Compliance has been prepared. 9472-2- Planner Signature Date / 3 Rev. 1m . summary of en- ktas checked below would be patdally afhctcd by this project, involving at least ofl~ impact that is a - Significant Impact", or "Potentially Significant Impact Unless Mitigation ~corp~r~d" as inciicatatb tbe ciwcldist on the following pages. - X LandUseandPlanning - X Transportation/Circulation - Public Services - Population and Housing ;zL Biological Resources - Utilities and Service Systems - Geological Problems - Energy and Mineral Resources Aesthetics - Water - X AirQuality - Hazards - Cultural Resources - X Noise - Recreation - Mandatory Findings of Sigm.t5cance 2 I" - STATE CEQA G- clbaper 3, Article 5, Scctii 15063 requires that the City conduct an Environmental hpitct Assessnent ta if a pjcct may have a significant effect on the environment. The Environmental Impact Assessment appera in bre following pages in the form of a checklist. This checklist identifies any physical, biological and human fit- tbat might be impaaed by the proposed project and provides the City with information to use as the basis for deciding whcther to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Dcclaratiolt A brief explanation is rquircd for all answers except 'No impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information so^ show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely sigmfkant, and the impact does not excecd adopted general standards and policies. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Si&icant Impact" The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explh how they reduce the effect to a less than significant level. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is sigmfknt. Based on an "EM-Part IT", if a proposed project could have a potentially sigrufcant effect on the environment, but potentially si@icant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, then no additional environmental document is required (Prior Compliance). A Negative Dechratian may be pnparad if the City perceives no substantial evidence that the project or any If there are ollt Q m01b potentiallr significant effects, the City may avoid preparing an EIR if there are of its aspects my ame a sigdicant effect on the environment. U mitigation mmmw to clearly reduce impacts to less than sipficant, and those mitigation measures are agreed to by the devchpcr prior to public review. In this case, the appropriate "Potentially Sisnificant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. When "Potentially Significant Impact" is checked the project is not necessarily required to prepan an EIR if the significant effect has been analyzed adequately in an earlier EIR plrsuant to applicable standards and the effect will be mitigated, ar a "Statemnt of Ovuriding cansiderations" has been made pursuant to that earlier EIR 4 Rev. m e ~EIRzpplfbepeprndifmultlan y significant -* ar~d including but not limited to the (1) taepotmtiauy sieaificam effect has nu baen ciisasd or mitigated in an Earlia following EXR pmsaaat to arpl.rht. and the developer does not agree to mitigatim xncasum that Fbduoe the impact to lumh (2) a "Statement of Overriding Considerations" fbr the significant impad has not been dprsplnt to an der EIR; (3) propostd mitigation measurts do not reduce the irnpaa to less than a; (4) through the ELA-part II analysis it is not possible to determine the level of significance fix a paentially adverse effect, or determine the effectiveness of a mitigation measurc in reducing a potentially sipfhnt effect to below a level of signrficance. A discussion of potential impacts and the proposed mitigation rncasures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL E VALUATIW . particular attention should be given to discussing mitigation for impacts which would otherwise be determined sigdkant. 5 k5U- (=I suppatrrll we -1: I. LAND USE AND PLANNING. Would the proposal: Conflict with general plan designation or zoning? (Sources #l & #2) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (Source #2) Be incompatible with existing land usc in the vicinity? (Sources #1 & #2) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source #2) Disrupt or divide the physical arrangement of an established community (including a low- income or minority communiv)? (Source #2) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (Sources #l & #2) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (Source #2) c) Displace Wirtisq hrosing, especially affordable housing? (Somw #2) x - 6 bwund-hdarubw; m. GEOLOGIC PROBLEMS. Would the proposai dt in or expose people to potential impacts involving: Fault rupute? (Sources #2 & 3) Seismic ground shaking? (Sources #2 & 3) Seismic ground failure, including liquefaction? (Sources #2 & 3) X - Seiche, tsunami, or volcanic hazard? (Sources in & 3) - X Landslides or mudflows? (Sources #2 & 3) - X - Erosion, changes in topography or unstable soil conditions from excavation, grading, or fa? (Sources #2 & 3) Subsidence of the land? (Source #3) - X X X - - - Expansive soils? (Source #3) - Unique geologic or physical featuns? (Source #3) - IV. WATER. Wouldtbpraposalresultin: a) Changes in aborptioa rates, &&age patterns, or the rate ad of smface nmfF (Sources #l 4% &a) - - b) Exposure of people or popercy to water related hazards such as flooding? (Source #4) - - 7 Discharge into surfice waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Source #1) . Changes in the amount of surface water in any water body? (Source #l) Changes in currents, or the course or direction of water movements? (Source #l) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Source #l, #3) Altered direction or rate of flow of groundwater? (Source #l, #3) hpacts to groundwater quality? (Source #l, #3) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Source #l, #3) V. AIR QUALITY. Would the proposal: a) Violate any air quality standad or contribute to an existing a projected air quality violation? (sources #l am> x - b) Expose sendthe llaaptors to pollutants? (Source #l - - - x dk 2) c) Alter air movement, moisture, or temperatUte, or cause any change in climate? (sourceS #1& #2) - - - - ,- X d) Create objectionable odors? (Sources #l & #2) x 8 Rev. mtm ISUU (and suppartml btf-slmam): VI. TRANSPORTA'I'XONQRCULATION. Would the propod result in: Increased vehicle trips or traffic congestion? (Sources X nl &a) - - Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Source #2) - - Inadequate emergency access or access to nearby uses? (Source Sn) Insufficient parking capacity on-site or off-site? (Source #2) Hazards or barriers for pedcsuians or bicyclists? (Source a) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (Source e) Rail, waterborne or air Mic impacts? (Source #2) VU. BIOLOGICAL RESOURCES. would the poposal nsvh in impacts to: a) Endangered, or rare species or their habitats (inchJcII W Mt limited to plants, fish, insects, a ladbws? (samces m & m) - x b) Locally designated species (e+ heritage trees)? (source w2 & ns) 9 C) Locally designated natural cammunities (e.g. oak forest, coastal habitat, etc.)? (Source #2 & #5) - - x - d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (Source #2) e) Wildlife dispersal or migration corridors? (Source #2 & #5) Vm. ENERGY AND MlNERAL RESOURCES. Would the proposal: a) Contlict with adopted energy consemation plans? (Source #l, Section 5.12.1) b) Use non-renewable resources in a wasteful and inefficient manner? (Source #l) c) Result in the loss of availability of a known mineral resource that wodd be of future value to the region and the residents of the State? (Source - IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substanas (including, but not limited to: oil, pesticide& chemical3 ar Iadhtion? (source X1) - b) Possible intcrBsawx with an&ncrgency response plan Q enrqawy evacuation plan? (source #1) -. X - c) Thecrcationofanyhealthhazardar potential health hazard? (source #l) X - d) Expommofpeupletoexistingsources of potential health hazards? (saurce m) 10 e) Incrcaseihhrrrrdmanaswithflammable brush, grass, of trees? (source n2) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (Source #2 & W) - b) Exposure of people to severe noise levels? (Source #) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (Sources #l &a) - - b) Police protection? (Sources #l & #2) - - c) Schools? (Sources #l & n2) - - d) Maintenance of public facilities, including roads? (sources #l & rn) e) Other governmentai services? (Sources tl & n2) - - XII. UTILITES AND SERVICES SYSTEMS. Would the proposal result in a need fix new systems or utilities: suppli~, of SUM aimations to the following a) Power ot dp? (Scmrce #I) x- x- 11 Y c) Local or regiaml water treatment or distribution facilities? (Sources #l & a) d) Sewer or septic tanks? (Sources #l & a) - e) Stom water drainage? (Sources & W) - f) Solid waste disposal? (Sources #l & #2) - g) Local or regional water supplies? (Sources #I & in) - Xm. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (Sources W1 & #2) x b) Have a demonstrable negative aesthetic effect? (Source in) c) Create light or glare? (Source #2) XIV. CULTURAL RESOURCES. Would the proposal: Disturb paleontological tesources? (Source K?) Disturb archatological tesources? (Source #2) Affect historical resources? (Source #!2) Have the POtmeiJ to cause a &ysical change which wd rdbct unique ethnic cuitural values? (Samercn) Restrict existing religious or sacred usts within the potential impact area? (Source #2) 12 Y a) lncrease the demand for neighborhood or regional parks or other recreational facilities? (Source w - - b) Affect existing recreational opportunities? (Source - - XVT. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wild life species, cause a fEh or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rart or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? - - b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other cumnt projects, and the effects of probable future projects) c) hsthcp~baveen- effects which will cause sabcmdtl adverse effects on human beings, eithr tiimtiy a &y? 13 hk -may be used wherc, pursuant to the ti-, program EJR, or othcr CEQA declaratiar scctioa 15063(c)(3)(D). In this case a discussion should identrfy the following onattachdshars: r o ILYIIC effects have been adequately analyzed in an earlier EIR or negative Earlier analyses used. Identify earlier analyses and state where they arc available for review. Impacts adequately addressed. Identify which effects from the above checklist wen within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refmed from the earlier document and the extent to which they address site-specific conditions for the project. 8 14 Rev. 1/3ops A. Earlier and its applicability to project The project is part of the Zone 20 Specific Plan approved by the City Council in 1994. CEQA compliance for the specific plan was achieved through the certification of the Zone 20 Program EIR which identified, analyzed, and recornmended mitigation to reduce potentially significant impacts to insignificant levels. The Zone 20 Rogram EIR (PEIR) analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities fhncing, sotls/geology, and visual aesthetics that could result from the development of the Specific Plan area. The PEIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 PEIR mitigation measures, and through the aid of the required additional biological, soilqlgeological, noise, slope, viewshed, and cultural resource analyses, a determination has been made that no additional significant impacts beyond those identified and mitigated by the PER will result from chis project. The following discussion of environmental evaluation briefly explains the basis for this determination along with identifying the source documents which verify the PElR impact identification, analysis, and mitigation requirements. B. EnvironmentalAnalysis The subdivision site consists of approximately 31 acres of vacant land previously used for agxicultural use and surrounded by rural residential and agricultural properties. Elevations across the site range from a high of approximately 380 feet (MSL) on a gently inclined, north-south trending ridge near the middle of the property to a low of about 280 feet(MSL) in a wide, steepsided ravine providing natural drainage in the northwestern portion of the site. The site drains predominantly to the east and west. On-site vegetation consists of scattered clusters of trees, shrubs, and grass. The majority of the site has been cultivated in the past. The sides of the northwestern ravine are severely eroded, however, there is some vegetation present in most areas and includes southern mixed chapanal, a small pocket of chamise chaparral, and disturbed habitat with scattered southern maritime chapanal. No plant or wildlife species listed as ran, endangered, or threatened by the state of federal governments were observed on the property. Offsite impvunents ncesary for the project include the extension of Poinsettia he, Street A from the south- axner of the site to Poinsettia Lane, and Black~ail Road from its existing northerly terminus to tb poject's nmheastcrn boundary. The extension of Poinsettia Lane from its existing eastemtammw to Stnet A and Street A will: 1) disturb areas currently being utilized for agricultural purposes w&h m satsitive or endangered plant species, 2) impact the edge of a canyon containing southern mixed cbopenal disturbed cuastal sage brush, and a single pair of California gnatcatchers; and 3) disturb a small patch of disturbed coastal sage scrub adjacent to the existing agricultural road along the southwestem comer of the project site. Emsting improvements to the overall site include f- dirt mads, water lines, and overhead poweriines. 15 Rev. mm la. The projset rittaaexaad the density range of 04 dwelling units perm allowed by the underlying Rcsiddd taw Medium (RLM) density land use designation. The project density including affordable pnitr is 3.6 dwelling units per am, which is consistent with the RLM designation but exceeds the Gmwth Management growth control point (gcp) of 3.2 dwelling units per am. The Growth Management gcp is imposed to ensure that the number of dwelling units in each quadmt of the City at buildout docs not exceed the dwelling unit caps specified by ordinance. As a result, the project requires a density increase above the gcp which will require the removal of 12 units from the quadrant's excess units. There currently exists sufficient excess units in the southwest quadrant to accommodate the request for the density increase above the gcp. The Zone 20 Specific Plan requires a change in zoning from L-C to R-1 in the project planning area and the Zone 20 Program EIR (PEIR) analyzed the environmental impacts associated with the required changes in zoning from L-C to R-1. "he PEIR identitled no sigdbnt impact since the underlying RLM (Residential Low Medium density) General Plan designation permits up to four dwelling units per acre, and zoning to single family lots on minimum 7,500 square foot lots is consistent with the low to medium density land use designation. lb. The project is also subject to the Mello II Local Coastal Program (LCP) requiring approval by the California Coastal Commission. The project is consistent with the LCP "PA" land use designation allowing low-medium residential density development which is consistent with all Mello 11 land use policies. However, a Local coastal Rogram Amendment is required to change the zoning from LC to R-1, and LCPA 95-09 is being processed with the project for this purpose. lc,d. As detailed by the PEIR, Zone 20 is comprised of agricultural uses which are typically incompatible with residential uses due to physical and operational characteristics such as tilling and pesticide/herbicide spraying. The Ocean Bluff project will not impact or be impacted directly by agricultural uses since the project will not abut any property under cultivation. PER mitigation required to reduce these impacts including notification to all future residential land owners that this area is subject to dust, pesticide, and odors associated with adjacent agricultural operations will be a condition of map approval and the provision of temporary road co~ections to maintain continued access to adjacent agricultutal properties will be a condition of map approval. 2a. Local popuhon projections are besad upon the residcntial.density permitted in each land use desi- In accQdeslce with the discussion under la. above determining that the project is consistent witb the P0pert)'s underlying RLM land use designation, the additional population resulting from thu PIPjset will nd cumulatively ex& local population projections. 2b. As specihl by tb Zane 20 PEIR, the development of projects including transportation routes, public services, and land uscs within the Zone 20 planning area is not growth.inducing since the area has been previously planned and designated for residential development by the City's &mal Plan, Growth Management Program, and Zone 20 LFMP. Although the Pojnscttia Lane extension will provide access to undevelopsd parcels within Zone 20, it is a planned --west circulation arterial and development already exists to the cast, west, north, and south of Zone 20 properties; thenfore, urbanizatian of the area is inevitable. 16 Rev. y3opj -. 3b,e. consistentwiththeP€IRfixEnviranmcaral Area I, an additional gedechnical investigation has banpqad ikxtbepject by Niiyoand Moore. The conclusion of this repart is that "based upn our gcacdmid it is our opinion that site developnent is feasible from a geotechnical -praridsd the following rtcOmmcndatioIlS are incorporated into the design and construction of the sum pw There appear to be no sigruficant geotechnical constraints on the site that cannat be mitigated by proper planning, design, and sound construction practices". Compliance with the recommendatians of the Ninyo and Moore Geotechnid Investigation for this project will avoid si@icant unstable earth conditions and or increased exposure of people or property to geologic hazards. These recommendations will be inwrporated as project conditions in accordance with Zone 20 PER 4a. According to the project's pteliminary Hydrology Study prepared by Hunsaker 8c Associates, in which the potential for changes in absorption rates, drainage patterns or the rate and amount of surface runoff are analyzed, a temporary detention basin for the westerly drainage hasin will attenuate post development runoff to predevelopment levels and "the increase in the runoff ..... from development is compensated for by the increased times of concentratio n... fhm the proposed grading which creates longer flow paths and flatter grades." The !kal hydrology study will examine the flows in more detail and size the detention basin which is proposed along the western project boundary. The Zone 20 mitigation required to avoid adverse impacts to the quantity or quality of surface water consists of compliance with the adopted LFMP performance standards. Individual projects must show compliance with drainage and water distribution design and performance standards in accardance with the adopted LFMP and City standards as well as conform to the NPDES permit requirements pursuant to Regional Water Quality control Board No. 9042 adopted by City Council Resolution No. 90-235. The project will be conditioned to comply with these stamhis. 5. The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power CoflswnPtioIL and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are COIIsidered cumulatively sigxuficant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen ac minimhe tbe impect on air quality associated with Genual Plan buildout, a variety of mitigatim nmsues are xqxmmdd in the Final Master EIR These include: 1) provisions for roadway rrd Weaxman * ~vements prim to or concunent with development; 2) measures to reduce vsbieb trips thraugh the implementation of Congestion and Transportaton Demand Manag- 3) provisiam to encourage alternative modes of traqxxm *on including mass transit services; 4) caditions to pnnnote energy efficient building and site d&sn; and 5) participation in regional growth management strategies when adopted. 7%~ applicabk and appadpriate General Plan air quality mitigation mc~tsurcs have either ban inaxpmted into tk design of the project or arc included as conditions of project apprrwat Operation-related emissians are coasidend cumulatively significant because the project is located Significam Impact". This project is cumiamt with the General Plan, therefore, the pnparation of within a "non-aminma basin", thaefore, the "Initial stody" clwcldist is marked mentially an EIR iS aot rapired because the certificatianof Fiaal Master EIR 93-01, by City Council Resolution Na %246, indrytA a "Statement Of ovciriding Considerations" for air quality impacts. This "statemsrlo6Ovaxid@ corrsideratians" applies to all subsequent projects covered by the General Plan's Fiarlm EIR, including this project, thenfore, no further environmental review of air quality impb is rqmd This document is available at the Planning De-. 6a. The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 -1 intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Fi Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as bails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a fiiling Interstate or State Highway onto City streets creates impacts that arc not within the jurisdiction of the City to ControL The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are collsidcred cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Sigmfkant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is nat required because the recent certification of Final Master EIR 93.01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Ovemding Considerations" applies to all subsequent projects covered by the General Plan's h4aster ElR, including this project, therefore, no further environmental review of circulation impacts is required. 6b. The Poinsettia Lane extension and the onsite circulation are designed in accordance with the General Plan Circulation element and City standards thereby avoiding hazards to safety from design features. Additidy, tanpomy mad conntm 'om to maintain continued acceso to adjacent agricultural pr0pext.b tLt CQQld be impacted by future Poinsettia Lane improvements will be provided. 7a. The Bm Sa#ic~ (3.4) of the Zone 20 Specific Plan PEIR provides basetine data at a gross scale due to the krgs size ofthe specitic plan area. Given the large number of property owners and their differing development hosizoas and the inevitable change in biological conditioq over the long-term buildout of the specific plan area, it is not possible to mitigate biological impacts fiom the buildout of the entire specific plan under one comphem 've open space easemmt that crosses Iwoperty lines or a habitat revegaation/enhancemcn! plan sponsorsd solely by the propetty owners. The impluxmtaticm of the biological don of the ElR is'bescd on future site specific biological survey studicy that focps an the impeas created by individual subsqent development projects These additional biological ddiu an requited to collsider the baseline data and biological open space Mons of tbt PEIR and provide detailed and culf~lt resource surveys plotted at the * -. -_ tentative mrp scale for each popertr. Th! range of the fixture mitigation options may include pnsarstion of mve babitat onsite in conjunction with cdmcemcn~vcgetation plans, payment off-inb8-m 'an plan, or the purchase and pmtecth of similar habitat offsite. TomeetthmElIlnquirtmmts, a biological rc~~urce~ field survey was prepad for the project by Anita h4. Haywmh, Biological consultant, dated March 1995. This subsequent biological study provides more focused, current, and detailed project level analysis of site specific biological impacts and provides more refined project level mitigation measures as required by the Zone 20 PEIR. The property was surveyed for the bunowing owl and the bird was not observed on the site. No brown- headed cowbirds were observed on the property or in the vicinity. The biological report indicates that implementation of the project would not result in the disturbance of biological resources onsite, however, construction of offsite Poinscuia Lane to the west from "A" Street to Alga Road and the construction of "A" Street between the project's southwestern boundary and Poinsettia Lane will result in impacts to a single pair of gnatcatchers and approximately 4 acres of Diegan coastal sage scrub habitat. The 3.7 acres of Diegan sage ScNb habitat located along the proposed Poinsettia Lane alignment consists of California sagebrush, flat-top buckwheat, yerba santa, lad sumac, wart- stemmed ceanothus, California encelia, black sage, and weedy species such as tree tobacco, and shows signs of past and continuing dismbance. The habitat quality in the impactad area varies and has been disturbed by human activities associated with encampments and illegal dumping. Although the habitat area does offer cover and foraging areas for wildlife found in the area, the PEIR mitigation mapping indicates that this area wdl be isolated by Poinsettia Lane to the north, the Aviara development to the south and continued agricultural uses to the east and west. Coastal sage scrub habitat areas directly impacted by the Poinsettia Lane alignment requiring mitigation an approximately 3 acres in size, however, indirect impacts to the remaining .7 acns should also be mitigated. The total area of disturbance for the poinsettia Lane extension requiring mitigation is therefore 3.7 acres and the mitigation rtcommenddd by Biological cansultant Hayworth is the preservation of 3.7 acres of coastal sage habitat within the high quality, gnatcatcher inhabited cuastal sage area found in the Carlsbad Highlands mitigation bank ana Another 1.1 acres located at the southwestem comer of the Oceanbluff parcel is identified as containing dhrbcd coastal sage scrub. Dishlrbance to .28 acres of the 1.1 acrc am of coastal sage scrub will dt from necessary offsite grading to construct Street "A" from the southwestem corner of the Oceanbluff site to the proposed Poinsettia Lane extension. The proposed mitigation for this .28 acre area of disturbance to ccmstal sage scrub is preservation of an additional .28 acre area in the Carlsbad Highlands mitigation bank area for a total of 3.98 acres. The Poinsettia Lane extension is within Reserve Planning Area 4, as defined by the Ciws draft Habitat Managarmit Plan dated July, 1994, in which 84 acres of d sage scrub and 38 acres of chapafiplhtik,are i&ntifiedwithinthe core area. Althoughdist\lrbance to approximately 4 acrcas of mad mp seznb and puthem mixed chaparral habitat will rcsult fiom construction of Poinsettia and stre~&~A~, it will aat preclude connca 'vity between PPA's nor preclude the pnservation of 50% of the habitl in ppA4. Manover, this project provides mitigation m the form of offsite mitigation because it will prwenre one acre of these habitat in PPA.2 fix every acre of the same habitat affected by the proposed project. Additionally, the Zone 20 PEIR mitigation meas& 3.4.3.10 which is incorpratcd as a project umdition requires that an ovcrsi2td roadway culvert be installed under the Poinseaia Lane extensioslatthe sDG&E asanent t0ma;ntnindarhanCewildlife txmmctl 'om in native habitat amas that Wd othuwnse be~byimaaopahleLogdwaycrossings. The feasibility of lxxummq ' an oversized culvert at this hation shall be evald at the time roadway improvemmtplans arc submitted to the city mgilwmg depment fot revitw. Specific mitigation xxwasmsnquindtobe~ into the designofthis culva,ifmcesary, shall be based on a biological pdd fa this prppose which will be sub* to review and approval by the -- 7c. 'RE ia cansistent with Mello II LCP policies regarding the ckurbmx of 25% slopes possess* ad species and/or coastal sage scrub and chaparral plant communities (dual criteria). Onsite, the only area possessing 25% slopes with this type of habitat will bc preserved in open space. ntc poinsettia Lane alignment offsite will encroach into an area meeting this dual criteria, however, the dual criteria policy does not apply to the construction of roads on the City's Circulation Element 8.a~. Tht project's compliance with Building Codes, Title 20, and chapter 17 of the Municipal Code in accordance with the MEIR mitigation measures to reduce impacts (Electricity and Natural Gas Section 5.12.1 of the MEJR) associated with the use of non-renewable resources in a wasteful manner wiil ensure the implementation of energy conservation mcasurcs The MER has identified mineral resources within the City of Carlsbad boundaries, and no mined resources are located within the project area 9ad. The single family residential project is not a use typically associated with risks such as accidental explosion or release of hazardous substances thereby creating a potential health hazard. Although agricultural operations will continue on parcels in the vicinity of the Oceanbluff subdivision, compliance with the Zone 20 PEIR measures and Zone 20 Specific Plan development ngulat~ons to buffer residential development hm agricultural optrarions will avoid health hazards nsulting fiom pesticide residue. Specifically, the project is conditioned to require prior to final map apval a detailed soils testing and analysis report shall be prepared by a registered soils engineer for City and county approval, a minimum 25' Mer shall be provided between the project boundaries and open field cultivation, temporary road connections required to maintain continued access to adjacent agricultural properties that could be impacted by the Poinsettia Lane extension improvements will be provided, a Notice of Restriction nosifyvlg all owners, users, and tenants of this project that the area is subject to dust, pesticides, and odors associated with adjacent agricultural operations shall be recorded prior to finat map approval, and drainage will be disposed of through stormdrains in accordance with City standards and compliance with NPDES standards is required for the project. 9e. The project's compliance as conditiontd with the City's Landscape Design Manual - Fin Protection policies will avoid increasing fire hazard in areas with flammable brush, trees, and grass. 1Wb. The ZrJllb 20 PEIR noise mitigation included a rquimnent that all projects within 500 feet of the existing RdwmUia Lane pppm a noise study in accordance with the Ged Plan Noise Element. The Noh ILI#t prepma fa the Ocean Bluff project revealed that noise levels exceeding 60 dBA CNEL wopcd patentiaUr impea Loe 78 - 87 and Lats 91-91 which an adjacent to the roadway without acccpcBbfe mitigation. Berms and 6' noise walls have been incarporated into the project within the 50' landscaped setbackfram poinsettia Lane approximately Wfrrrm the right of way line to reduce the noise exterior levels of these lots to 60 dBA CNEL or below within the usable yard anas as required by the Zone 20 PEIR and the City's Generai Plan Noise Element. 11-12. to Inatxmhce with the citfsMEn& theprojcct~be Cmdaent with and willbeamdifioned comply with the City's adaped bwth Management performarrce stdads for public facilities and services to ensure that adequate public facilities an provided prior to or concurrent with developent. The pject is withinand subjact to the zone 20 specific plan requiring it to be in accocd811Cc with tbs 8ppcYvdzme 20 Local Facilitie3 Management Plan thereby cxmxriq that perfomance standards fix pubiie- win be met through build- of the ZOIEt. 13. The & pel[R visuat aesthetic mitigation relevant to the Ocean Bluff project includes the following pda to tentative map approval: a. b. additional visual analysis within any sisnificant viewsheds and the addition of any recommended mitigation measures as conditions of project approVa; structures and roofs shall be earth tone in color and prior to issuance of building pennits the applicant is required to submit for Planning Director approval a color board depicting the proposed earth tOM, manufkcturcd slopes and roadway cuts shall be landform-graded, contoured, and heavily screened by landscaping in conformance with Zone 20 Specific Plan, and general visual design guidelines shall be taken into collsideration during initial site planning and design phases prior to approval of a tentative map or implementing permit for any development within the Specific Plan area C. d. The Ocean Bluff project includes a hillside development permit application (HDP 93-09) which requires compliance with hillside architectural and grading standards. The Ocean Bluff project is in compliance with hillside grading standards and PElR mitigation requiring landform grading and contouring, and landscaping to screen cut and fill slopes. The project is located within the Palomar Airport Road and Falomar Airport viewsheds identitied by the Zane 20 PEIR. Additid visual analysis performed by the applicant has identified that units along the northeastern and northern elevations will be visible from these viewsheds, however, as spe&ed in the Zone 20 PEIR, any visual impact along the Palomar Airport Road viewshed will be brief and possibly less than SigJllficant due to traveling speeds and topography. The hillside development permit will therefore be conditioned to require compliance with the general visual design guidelines specified by the PEIR with special emphasis on providing a combination of one and two story homes, a variety of roof heights and roof massing, a variety of eatth tone roof and wall materials and colors, and enhanced fenesmtion. Since the project is a standard subdivision with no prom architecture at this time, a condition will be added to the hillside development permit (HDP 9349) requiring that an amendment be processed prior to the issuance of building permits to ensure that the proposed architecture is consistent with the general visual design guidelines as well as the Hillside Development Ordinance architectural standards. 14. The Projccr cmtams * nb sites listed as Level 3 or 4 by the Zone 20 PER, therefore no additional environmeEa dew of cultural resources is required. the demand for community parks, however, the project will be conditioned and Zone 20 LFMP which quires 15. Theprojectwillizllcnass to require camp- with the Gfowth Management chtwmce that parks in accordanCe with the growth management standud & prodied to serve new development. 21 Y 2. TilmAua- Impt Report for Zone 20 Specific Plan" and Planning commission Reduth3425 for XR 203 dated June 16,1993. 3. "Geotecbnierl bv&@m" dated February 6,1989, per€o& by Ninyo & Moore, Geotechnical and Environmental sci~consuttants 4. "Re- Hydrology Study for Ocean Bluff, City of CarIsbad" dated September 3, 1993 prepared by Hunsaker & Associates San Diego, Inc. 5. "Biological Field Survey Update, Oceanbluff ct 9349" dated March 1995 performed by Anita M. Hayworth, Biological consultant, 6. Jack Henthom's letter dated May 3, 1995, "Archaeological Site CB-1SDi-12026- Oceanbluff CT 93- 09". 7. "Report on an Acoustical Study - Ocean Bluff - On the extension of Poinsettia Lane at Black Rail Road, City of CarIsbad" dated August 6,1993, and Addendum received May 12,1995, performed by James C. Berry, Acoustician. 22 CASE NO: CASE NAME: APPUCANP .- BACKGROUND DATA SHEF- - LCPA 9509hC 93-W CT 93.09/SDP 9347/HDP 93-09 Ocean Bluff em Bluff Partnershi0 REQUEST AND LOCATION: Aeauest for a Local Coastal Plan Amendment. Zone Chanae, Tentative Tract Map. Site Development Plan and Hillside DevelODment Permit to Rezone from L-C to R-1 vacant, 31.2 acre site and subdivide 92 sinale familv lots and one multide familv lot with 16 affordable apartment units on pro~ertv a enerallv located at the northwest comer of future Poinsettia Lane and Blackrail Court in the Zone 20 Specific Plan area and Local Facilities Manaaement Zone. LEGAL DESCRIPTION: Lot 3 in Section 22, Township 12 south. ranae 4 west. San Bernadino base and meridian in the Countv of San Dieao. State of California. exceoting therefrom those Dortions thereof lvina north of the south boundaw line of Rancho Aaua Hedionda. as said south line was established Mav 5, 1913, bv decree of the SuDerior Court of the State of California. in and for San Oieao Countv. in that certain action (No. 16830) entitled Kellv Investment Companv. a cornoration. vs. Clarence Davton Hillman and Bessie Olive Hillman. APN: 215-070-16 Acres 31.2 Proposed No. of Lots/Units 93 Lotdl08 DU's (Assessor's Parcel Number) Land Use Designation RLM Density Allowed 0-4 Density Proposed 3.6 GENERAL PLAN AND ZONING Existing Zone L-c Proposed Zone R-1 Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoninq Land Use Site L-C Vacant/Agricultural North R-1 Vacant south L-c Horticulture East L-C Vacant west L-c Vacant PUBLIC FACILITIES School District CUSO WaterDistrict CMWD Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 108 EDU Public Facilities Fee Agreement, dated Auaust 5. 1993 ENVIRONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued - Certified Environmental Impact Report, dated Other, Prior Comdiance. dated Seotember 27. 1995 c .P CITY OF CAIUSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACI' ASSESSMENT: FILE NAME AND NO: LCPA 95-09/ZC 93.04/CT 9349/SDP 9347MDP 93-09 - OCEAN BLUFF LOCAL FACILlTY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: L-C DEVELOPERS NAME: 1 ADDRESS: 4180 LA JOLLA TALLAGE DRIVE. SUITE 30. SAN DEGO 92037 ASSESSORS PARCEL NO.: 2 15470- 16 (AC., SQ. FT., DU): 31.2 AC/108 DUs A. B. C. D. E. E G. H. r. J. K. L. City Administrative Facilities: Library: Wastewater Treattnent Capacity (Calculate with J. Sewer) Park: Demand in Acreage - Drainage: Demand in CFS = Demand in Square Footage = Demand in Square Footage = Identw Drainage Basin = (Idenufy master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: open SP-: Acreage Provided - %moats: @emands to be determined by staff) Served by Fire Station No. = Sewer: Demand in EDUS - Identify Sub Basiu - (Identify trunk line(s) impacted on site plan) Water: DemaadinGPD - 375.5 Sam Feet 200.25 Sauare Feet 108 EDU 0.75 Acres NIA NIA 1.016 ADT 3.6 Acres CUSD 108 EDU fl The project is 11.4 units above the Growth Management Dwelling unit allowance. .. -_ 7 -st the names and addresses of all persons having a financial Interest In the application. Par- 4370 I a I-VlllaPer.. # La Jolla. Ca.. 92122 990 Owner ist the names and addresses of all persons having any ownership interest In the property invoked. Same If any person identified pursuant to (1) or (2) above is a corporation of partnership, list the names and addresses of all individuals owning more than 10% of the shares in the carporation of awning any partnership interest in the partnership. Please see list (attachment #l) If any person id-& pUnUUlt t0 (1) 01 (2) 8- l8 8 addreso8 of any parson servkrg u Oflbf of dkoc!or of the non-prollt wgur&aUm 01 as tnrsteo of MefidW Of the trust OrgMiUrtiOn 01 8 tnrSt, list the namOS and isclosure Statement Page 2 Have you had more than $350 worth of business transacted with any member of City stae Boards, Commissions, Committees and Council within the past twelve months? Yes - NQ - If yes, please indicate person(s) ,=: Anam additional pages ds necessafy.) Signature of Owner/date ?rint or type name of owner Signature of applicantldate Print or type name of applicant .- .._ .. -- ..--....- Javier Benito 2275 Via Lucia La Jolla, Ca., 92037 L. Attachment #l OCEANBLUFF PARTNERSHIP Paul R. Hasley c/o Illiff, Thorn 6 Company 2386 Faraday Avenue Suite 100 Carfsbad, Ca., 92008 Mary Beth Jernigan P.O. Box 898 Ketchurn, ID., 83340 Fritz Leibhardt 7575 Cacrizo Drive La Jolla, Ca., 92037 5.M. Schcr P.O. Box 9565 Newport Beach, Ca., 92658 Wal tcr Wcgner 1304 Larch Avenue Moraga, Ca., 94556 Eugene L. Freeland P.O. Box 732 Rancho Santa Fa., Ca., 92067 J. Sterling Hutchison Gray, Cary, Amcs 5 Frye 1700 First Interstate Plaza 401 "E" Street San Diego, Ca., 92131-4219 Frederick Liebhardt 7224 Carrito Drive La Jolla, Ca., 92037 John F. Linden 8 Quai D'Orleans 75004 Paris, France Calvin F. Schmid 888 Armada Terrace San Diego, Ca., 92106 Robert L. Winetcer 4370 La Jolla Village Dr. #990 San Diego, Ca., 92122 a ! I 1 II I i 1T -1 I I I I a1 , I I I I 1, I I I m I I II T- I 'I J I 1 I I 1- I 1 I I 1 1 1 I L I I I I 1 I ? I I I I C C I 4 I r'e I I I li. I - . .. IW li 1. I I E- / I .. L, IW t." I I, I .I I I 1 1 c #- I I I I I I t 1 1 I I t I I t I t k- I- I. ........ .. -. ... ..... ...... .... __ ... ._ -. r I I '4 ai ir / I a 8 10 E . .- I i i / /- / / -- . l- A REPORT TO TEE HOUSING COMMISSION ItemNo. 2 Staft Debbie Fountain Sr. Management Analyst DATE: FEBRUARY 8,1% SUBJECT: EMERALD RIDGE WEST - CT 9543/SDP 9546lHDP 9546 - Request for recommendation of approval of a 16-unit affordable apartment project satisfying the affordable housing obligation of the project known as Ocean Bluff. I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 96-002, recommending APPROVAL of 9 second dwelling units and the purchase of 1 credit for a three-bedroom unit offsite (SDP 95-06) within the Emerald Ridge West project in order to satisfy an affordable housing obligation under the City’s Inclusionary Housing Ordinance. II. PROJECT BACKGROUW On January 17, 1996, the applicant, MSP California, received a recommendation for approval from the Planning Commission for a Tentative Tract Map, Site Development Plan and Hillside Development Permit to subdivide the subject property into 61 single-family lots and 1 open space lot; to create a 27.4 acre remainder parcel; and, to provide 9 future second dwelling units. The affordable housing project, as shown in the Site Development Plan included in the Planning Commission Staff Report (Exhibit 3), is proposed to satisfy the inclusionary housing requirement of the Emerald Ridge West project. The developer’s 15% inclusionary requirement is 10.764 dwelling units, which according to the Inclusionary Housing Ordinance, must include one three-bedroom unit. The proposed affordable project includes nine (9) second dwelling units and the proposal to purchase one (1) housing credit in an offsite affordable housing project to meet the requirement to provide one three bedroom unit. The remaining .764 fraction of an inclusionary housing dwelling unit would be satisfied through the payment of a fee equal to the fraction times the average subsidy needed to make a newly constructed typical housing unit affordable to a lower- income household. The nine (9) second dwelling units will be affordable to households earning 80% of the Area Median Income. As proposed, the project will meet the developer’s obligation under the Inclusionary Housing Ordinance. The site development plan for the project indicates which lots will be designated and deed restricted for second dwelling units. The project has been conditioned to require an Affordable Housing Agreement which will provide the specific details regarding the phasing and implementation of the affordable housing component of this project. EMERALD RIDGE PAGE 2 CT 95-03/SDP 95-06/HDP 95-06 III. APPLICANTDEVELOPME" TEAM INFORMATION The development team for the proposed project is as follows: Applicant: MSP California, LLC (see disclosure statement included in Exhibit 3) Developer: MSP California, LE Project Consultant/Manager : Ladwig Design Group, Inc. Tv. AFFORDABLE HOUSING PROJECT LOCATION AND DESCRIPTION The project site is generally located east of Paseo Del Norte, north of Camino de las Ondas, and south of Palomar Airport Road, within Specific Plan 203 and Local Facilities Management Zone 20. The project includes improvements for 1) construction of local public streets, curbs, gutters, sidewalks and drainage facilities necessary to service the new lots; 2) addition of a sewer line that connects from the property, through the Mar Vista Site to the west, and then north to an existing sewer line located along Encinas Creek and Palomar Airport Road; 3) and the construction of a local public street named Calle Serena from Hidden Valley Road west to the project site. The project will create 61 single family lots and provide for 9 second dwelling Units. As stated above, the affordable housing component of the project will consist of nine (9) one- bedroom second dwelling units approximately 640 square feet in size. These units will have exterior access, be incorporated into the second-story of the primary home and utilize a portion of a three car garage for parking. V. PROJECTAFFORDABIIXIY If the second dwelling units are rented, the rate shall be set according to the applicable rent for a household with an income equal to 80% of the San Diego County Median. This rental rate will be set at the time the second dwelling units are constructed and provided for rental purposes. VI. FINANCIAL The applicant is unable to provide information which can be analyzed by staff to determine the feasibility of the proposed affordable housing project. Additionally, the developer has identified no specific financing sources or commitments. Therefore, it is not possible to make any assessment of project feasibility at this time. No financial assistance is being requested at this time, but this does not rule out a request at a later date. EMERALD RIDGE PAGE 3 CT 95-031SDP 95-06/HDP 95-06 VII. AFFORDABLE HOUSING AGREEMENT Prior to final map approval, the developer will be required to enter into an Affordable Housing Agreement according to the City’s Inclusionary Housing Ordinance. This agreement will establish the exact timing and other specifics about the project which are legally recorded against the property. Vm. HOUSING ELEMENT CONSISTENCY The proposed project is consistent with the policies and programs of the Housing Element, Inclusionary Housing Ordinance and the Zone 20 Specific Plan affordable housing requirements. The second dwelling units, affordable at 80% of Area Median Income, would rank “Medium Priority” according to the City’s Consolidated Plan which is required by the Department of Housing and Urban Development. Construction of these second dwelling units with deed restrictions will count towards the City’s Housing Element production goals. M. SUMMARY It is the role of the Housing Commission to make recommendations to the City Council based on several considerations with respect to proposed affordable housing projects-- these are: 0 The proposal’s effectiveness in serving the City’s housing needs and priorities as expressed in the Housing Element and HUD Consolidated Plan. 0 The proposal’s consistency with the City’s flordable housing policies and ordinances, as expressed in the Housing Element, Inclusionary Housing Ordinance, Density Bonus Ordinance, etc. 0 The proposal’s &veibpmmentand operating fearibility, emphasizing the development team, financing sources and the role of the City in providing financial assistance or incentives. As proposed, the project would address established City affordable housing needs in a manner that is consistent with applicable City policies and ordinances. Subject to the condition contained in the recommended approvals from the Planning Commission that requires the developer to enter into an Affordable Housing Agreement with the City prior to final map approval, staff recommends that the Housing Commission recommend approval of this project to the City Council. The Housing Commission’s recommendation concerns only the applicant’s proposal to provide an affordable housing project on site. The Planning Commission recommendation also includes conditions that permit the option of satisfying the affordable housing obligation off site. Pursuing the off-site option would require the developer to process a request for approval through staff, the Housing Commission and City Council as the final decision maker. c r EMERALD RIDGE PAGE 4 CT 95-03/SDP 95-06/HDP 95-06 x. EXHIBITS 1. 2. Housing Commission Review Application 3. Housing Commission Resolution No. 96-002 Staff Report to the Planning Commission dated January 17, 1996 with appropriate attachments 'F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING COMMISSION RESOLUTION NO. 96-002 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA TO RECOMMEND APPROVAL OF THE DEVELOPMENT OF NINE (9) SECOND DWELLING UNITS AFFORDABLE TO LOW INCOME HOUSEHOLDS WITHIN THE EMERALD RIDGE WEST PROJECT GENERALLY LOCATED EAST OF PASEO DEL NORTE, NORTH OF CAMINO DE LAS ONDAS AND SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: MSP CALIFORNIA, LLC CASE NO. : AHP 96-02 (CT #95-03 And SDP #95-06) WHEREAS, an Affordable Housing Project (AHP) Application (No. 96-02) has been submitted to the City of Carlsbad's Housing Commission for review and consideration; WHEREAS, said Housing Commission did, on the 8th date of February, 1996, hold a public meeting to consider said application; and WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Commission considered all factors relating to the application. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. That based on the information provided within the application and testimony presented during the public meeting of the Housing Commission on February 8, 1996, the Commission recommends APPROVAL of Affordable Housing Project (AHP) No. 96-02 containing 9 second dwelling units to be affordable to low income (80% or below of county median) households subject to the findings and conditions outlined herein. .... ..... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HC Resolution No. 96-002 Page 2 3. That the Commission's recommendation for approval of said affordable housing project does not include support for any financial assistance for the project. FINDINGS: 1. The project is consistent with the goals and objectives of the City of Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy, the Inclusionary Housing Ordinance, the Density Bonus Ordinance and the affordable housing requirements of the approved Zone 20 Specific Plan. 2. The project will provide a total of 9 second dwelling units (1 bedroom) affordable for rent to households at 80% or below of the county median which meets a "medium priority" affordable housing need as outlined within the City of Carlsbad's approved 1995-2000 Consolidated Plan. The project, therefore, has the ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan. CONDITIONS: 1. 2. 3. ..... ..... ..... Recommendation of approval is granted for AHP No. 96-02, as shown on Site Development Plan 95-06, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in the conditions of project approval by the City Council. Recommendation of approval is granted for AHP No. 96-02 subject to the condition that the applicant submit an acceptable schedule for construction of the required ratio of income restricted units for inclusion in the final Affordable Housing Agreement to be approved prior to Final Map. The schedule shall indicate acceptable construction phasing for the affordable units in relation to the construction of the market rate units. The applicant shall maintain rents at the allowable affordable rate (based on household size) for low income households with incomes equal to 80% or below of the county median upon lease up of units and continuing for the full period of affordability. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 2€ HC Resolution No. 96-002 Page 3 4. The affordable housing units must be restricted for "the useful life of the project" which means a minimum of 55 years. 5. Upon final approval of said affordable housing project and prior to final map approval, the applicant shall enter into an Affordable Housing Agreement with the City of Carlsbad. The agreement shall be binding to all future owners and successors in interest. The Affordable Housing Agreement shall include all terms and conditions of said project approval and outline the incentives (financial or other), if any, to be provided by the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 8th day of February, 1996, by the following vote, to wit: AYES: Chairperson Calverley, Commissioners: Schlehuber, NOES: None. ABSENT: None. ABSTAIN: None. Escobedo, Noble, Rose, Scarpelli & Wellman. ATTEST: / V EVAN BECKER, Housing and Redevelopment Director EXHl6lT 2 * ladwia Design Group, Inc. January 23, 1996 Mr. Evan Becker Housing and Redevelopment City of Carlsbad 2965 Roosevelt, Suite B Carlsbad, CA 92008 SUBJECT: EMERALD RIDGE WEST CT95-03 AND SDP 95-06 (LADWIG DESIGN GROUP, INC. - JM L-1017) Dear Evan: Emerald Ridge West was approved by Planning Commission with a unanimous vote on January 17, 1996. This project contains 61 R1 7500 lots and is proposing to construct, as one option, nine second dwelling units onsite and to purchase one credit for a three-bedroom unit offsite as allowed for in the conditions of approval for this project. I have attached to this application, nine copies of the reduced site plan and architecture for the second dwelling units along with nine copies of the full scale architectural plans and site development plans. In addition, I have included nine copies of a photo vicinity map for the project. We ask that you please present this project to your Housing Commission at your next meeting, which is February 8, 1996, and ask them to review the three major aspects of the project, which include the project’s ability to serve the City’s housing needs, the project’s consistency with the City’s affordable housing policies and the project’s feasibility. Please look everything over and if you need additional copies or any items are not clear, please get in touch. Sincerely, LADWIG DESIGN GROUP, INC. Robe; C. Ladwig RCL:klb. 102 Attachments cc: Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC 703 Palomar Rirport Road + Suits 300 + Carlsbad, California 92009 (619) 438-3182 FIX (619) 438-0173 - CITY OF' CARLSBAD HOUS. 3 COMMISSION REVIEW APPLd-ATION I 1. APPLICANTlDEVELOPMENT TEAM WM)RMATXON Name of Applicant: Ladwig Design Group, Inc. Mailing Address: 703 Palomar Airport Road, Suite 300 Robert C. Ladwig Carlsbad, CA 92009 Telephone No.: (619) 438-3182 Identify Development Team (ie., developer, builder, architect, etc.): Developer MSP California, LLC & David M. Bentley Marc Palkowitsh MSP California, LLC 650 S. Cherry Street 3573 East Sunrise Drive Suite 435 Suite 221 Denver, CO 80222 Tucson, A2 85718 (303) 399-9804 (520) 299-2179 IT. GENERAL PROJECi' INFORMATION Project Name: EMERALD RIDGE WEST (CT 95-03) Describe General Location of Project: South,lof Palomar Airport Road, West of Hidden Valley Road, just North of and adjacent to Poinsettia Park. I I i Project Address: I Site Parcel No(s).: 21 2-040-32 & 36 11 Total Number of Affordable Units Required (if applicable): 10 11 Total Number of Affordable Units Proposed: 10 1 Type of Units (ie., garden apartments, detached, etc.): 9 - 2nd Dwelling Units and Purchase of 1 Credit Offsite. Size (in square feet) of each Unit: 640' max for each 2nd dwelling unit. Bedroom Size Distribution-of Units: 9 - 1 bedroom units onsite. Describe any special featwedamenities to be included within project: Adjacent to Poinsettia Park in Zone 20.A proposed City wide trail segment is within the project and will provide for pedestrian access from the Park to Palomar Airport Road and other further trail segments, if approved and accepted by the City Council. All lots are 7500 square feet or more and many units will have ocean views. Housing Commission Review Application P3ge 1 Targeted Income Levels (as 96 of area median): Rental units @ 80% of County Median - - *~. TEKhlS OF AF'F'ORDAB-TY FOR AFFORDABLE UNTTS (ATTAC NECESSARY) WDITIONAL INFORMATION IF Target Population (ie., families, senion, etc): Single rentals Monthly Rent (by bdr. size) or Sales Price of Units: Within rental rate limits established by City affordable criteria. Term of Aff'ordability (ie., 30 yrs, life of project, etc.): As required by City. Projected Schedule for Construction of Affordable Housing Units: Mid to late 1997 V the affordable units are being constructed to satisfy the City of Carlsbad's Inclusionary Housing requirement, how will they be phased with respect to construction of the market rate units? Please Explainl'roject Phasing: The proposed 2nd dwelling units will be built in conjunction with and proportion to the market rate units. V. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT 'lease attach a copy of development and operating financial proformas showing sources and Uses of funds to iccomplish the affordable units proposed in this application. In the proformas, please identify your subsidy sources nd appropriate justifications for use of these sources. Iescribe the local financial assistance or incentives, if any, including specific terms desired for the affordable housing lroject which you are, or will be, requesting from the City of Carlsbad: N/A None jentify any other project conditions which may be relevant to project feasibility: Because the affordable/inclusionary housing character of the proposed product is untested in a new subdivision setting, feasibility is not,yet proven. Housing Commission Review Applicrnon Page 2 ctlon on Appllwtltln by Haurlng CcmaMooa: . her coamaou: I - EXHIBIT 3 -- RT TO TEE PLANNING CO MMISSION P.C. AGENDA OF: JANUARY 17, 1996 Item NO.: @ Application complete date: September 19, 1995 Project Planner: Jeff Gibson Project Engineer: Mike Shirey SUBJECT: CT 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST - Request for recommendation of approval for a Mitigated Negative Declaration and the accompanying Mitigation Monitoring and Reporting Program, Tentative Map, Site Development Plan, and Hillside Development Permit, to: (1) subdivide the property into 61 single-family lots and 1 open space lot; (2) create a 27.4 acre remainder parcel; (3) provide 9 future second-dwelling units; and (4) deed restrict 1 three-bedroom home as affordable to lower income households or purchase one Affordable Housing Credit in Villa Loma; all on property generally located east of Paseo del Norte, north of Camino de las Ondas, and south of Palomar Airport Road, within Specific Plan 203 and Local Facilities Management Zone 20. 1. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3879 RECOMMENDING APPROVAL of the Mitigated Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolutions No. 3880,3881, and 3882 RECOMMENDING APPROVAL of CT 95-03, SDP 95-06, and HDP 95-06, based on the findings and subject to the conditions contained therein. 11. INTRODUCIlON The developer proposes to subdivide the 56.3 acre parcel into 61 single-family lots with a 27.4 acre remainder parcel, and provide 9 second dwelling units to satisfy inclusionary housing requirements. Architectural elevations and floor plans are provided for the second dwelling units and the project is consistent with all City codes, policies, and ordinances as well as Specific Plan 203. To comply with all the requirements of the Inclusionary Housing Ordinance, including the three-bedroom requirement, the developer has been conditioned to deed restrict one of the future three-bedroom homes as affordable to lower income households, or purchase 1 Affordable Housing Credit in Villa Lorna in compliance with City Council Policy No. 57 and 58, and final approval by the City Council. JII. PROJECT DESCRIPTION AND BACKGROUND The 56.3 acre parcel is located within the Coastal Zone, Specific Plan 203, and has Residential Medium (RM) and Open Space (OS) General Plan Land Use designations. The CI' 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 2 proposed project would include the following major features: 1. A residential subdivision into slxty-one (61) single-family lots with a 27.4 acre remainder parcel, and one 8.3 acre open space lot, and; 2. The designation of 9 lots for future second-dwelling units and the deed restriction on one three-bedroom home to satisfy the City's inclusionary housing requirements. The second-dwelling units would have exterior access, be incorporated into the second-story of the primary home, and utilize a portion of the three-car garage for parking. The zoning for the entire 56.3 acre MSP California LLC parcel was recently recommended for a change from Residential Density Multiple with the Qualified Development Overlay Zone (RDM-Q) to the One-Family Residential with the Qualified Development Overlay Zone (R-1-7500-Q). The Planning Commission reviewed and recommended approval of the zone change (ZC 94-04) on January 3,1996, as part the neighboring Mar Vista project to the west. The City Council has not taken final action on ZC 94-04, therefore, the approval of Emerald Ridge West/C" 95-03 would be conditionally recommended for approval by the Planning Commission, subject to the final approval of ZC 94-04 by the City Council. The major project improvements would include the following: 1. The construction of local public streets, curbs, gutters, sidewalks and drainage facilities necessary to sewice the new lots; 2. A sewer line that connects from the property, through the Mar Vista site to the west and, then north to an existing sewer line located along Encinas Creek and Palomar Airport Road; 3. The construction of a local public street named Calle Serena (Cherry Blossom Road) from Hidden Valley Road west to the project site. Currently the western half of the property is being used for agricultural purposes. It is also surrounded by open space to the east and north, Poinsettia Community Park to the south, and similar residentially designated (RM) property (Mar Vista) to the west. The majority of the site contains very gently sloping topography that rises from west to east. The eastern half of the property consists of a finger canyon which continues north and connects with Canyon de las Encinas. The flat buildable areas within the western half of the property are rimmed by steep slopes along the east and north. Topographic elevations on the site range from approximately 70 feet in the canyon floor to 190 feet above mean sea level on the gently sloping mesa. The following vegetation types are present on the property: 1. RuderaVagriculture on the gently sloping mesa; -.. .. CT 95-03/SDP %-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 3 2. Pampas grass, diegan coastal sage scrub, and southern mixed chaparral along the steeper slopes surrounding the mesa to the north and east; 3. Riparian southern willow scrub, and baccharis/mule fat in the bottom of the eastern finger canyon. Vehicular access to the site would be provided by future Calle Serena (also referred to as Cherry Blossom Road) which connects to Hidden Valley Road. Hidden Valley Road is east of the property and intersects with Camino de las Ondas to the south and PaIomar Airport Road to the north. The project site is located within the boundaries of Specific Plan 203 which covers the 640 acre Zone 20 Planning Area. Specific Plan 203 was approved by the Planning Commission and City Council in 1993. The specific plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of the planning area. The proposed project is subject to the following adopted land use plans and regulations: A. General Plan with RM and OS Land Use Designations; B. Specific Plan 203; C. Carlsbad Municipal Code, Title 21 (Zoning Ordinance), including; 1. Chapter 21.10 One-family Residential Zone; 2. Chapter 21.06 Qualified Development Overlay Zone; 3. Chapter 21.85 Inclusionary Housing, and Chapter 21.53, Site Development Plan required for affordable housing project; 4. Chapter 21.95 Hillside Development Regulations. D. Mello II Segment of the Local Coastal Program (LCP); E. Carlsbad Municipal Code, Title 20 (Subdivision Ordinance); F. Habitat Management Plan: (in process); G. Growth Management Ordinance, (Local Facilities Management Plan Zone 20); H. Environmental Protection Procedures (Title 19) and the California Environmental Quality Act (CEQA). CT' 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 4 w., ANALYSIS Staff is recommending approval of this project for the reasons stated in the staff report. Consequently, this analysis section was developed by analyzing the project's consistency with the applicable plans, policies, regulations, and standards listed above and presented through the use of the following tables and text. A. CARLSBAD GENERAL PLAN The proposed project is consistent with the policies and programs of the General Plan. The table below indicates how the project complies with the Elements of the General Plan which are particularly relevant to this proposal. 1. Proposed residential density of 3.01 dus/net acre is below the GP designation of RM 4-8 dus/net acre and growth control point of 6 dudnet acre; Provide a combination of second dwelling units, deed restriction of 1 three-bedroom home or the purchase of 1 Affordable Housing Credit in Villa Lorna. 1. GP constrained lands are (steep slopes and riparian habitat) protected in 8.3 acre open space lot; 2. City Wide Trail Link No. 29 to be aligned along the top of the bluff and across the slope via an exiting dirt road to minimize California gnatcatcher, and coastal sage scrub impacts in the eastern finger canyon. Required roadway and intersection improvements, including Hidden Valley Road from Camino de las Ondas to Palomar Airport Road, are shown on the tentative map, or included as conditions of approval. 1. Exterior traffic noise levels do not exceed 60 d%A CNEib 2. Noise study required to evaluate interior noise levels as part of the future Site Development Plan for the homes; 3. Residential land use is conditionally compatible with land uses designated within the 60-65 dBA CNEL noise contours of the airport land use plan (CLUP). Proposed project is required to pay Park-in-lieu fees. Proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions pf approval. CT 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 Site Design B. SPECIFIC PLAN 203 The proposed project is consistent with the policies of Specific Plan 203. The table below indicates how the project complies with the relevant requirements of the specific plan: The layout of the subdivision does not impact steep slopes, the streets are curnilinear, and there are adequate buffer areas between the proposed dwelling units and the open space lot and Poinsettia Park. Land Use Compatibility Lot Size (Min.) Lot Width Open space is provided along the eastern and northern slopes, proposed low density residential is compatible with future residential (RM) to the west, and there is a roadway (Cherry Blossom Rd.) between the residential building pads and Poinsettia Community Park to the south. 7,500 Square Feet 7,570-19,201 SF 60 Feet 60-100 Feet Circulation Landscaping See General Plan Discussion under Circulation. In addition, Hidden Valley Road would have pedestrian sidewalks and bike lanes. 70% of the lots have three (3) street trees in the front yard, and 30% of the lots have one (1) tree. All manufactured slopes have landscaping to prevent erosion and to provide visual screening. Building Elevations The building elevations of future single-family homes would be reviewed by the Planning Commission under a Site Development Plan. Affordable Housing Designate 9 second dwelling units, deed restrict 1 three-bedroom home or purchase 1 credit in Villa Loma per the offsite affordable housing provisions of Section IV.C.3.ii of SP 203 C. ZONING ORDINANCE 1. One-Family Residential Zone (R-1-7500): The developer is proposing to subdivide the property into single-family lots, therefore, the following table summarizes the project’s compliance with the standards of the R-1-7500 Zone: Second Dwelling I 640 Square Feet I 640 Square Feet Unit Size - - CT 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 6 Setbacks: Front - 20 Feet Street Side - 10 Feet Side - 10% of Lot Width I Rear - 20% of Lot Width Garage Size & Lot Coverage Two Car Garage - 20’X 20’ Two & Three-Car Garages One Additional SDace I I To Be Determined with Future I SDP 40 Percent Building Height Panhandle Lot: Access Length - Combined Access Width - Buildable Area - 30 Feet & Two-Story To be Determined with Future I SDP 150 Feet Max. 30 Feet Min. 8,000-10,000 SF 120 Feet 30 Feet 8,635-9,836 SF To Be Determined with Future SDP The developer is also proposing Lots No. 28 and 29 as panhandle type lots. The two lots are justified based on the irregular configuration of the buildable area of the overall parcel. The buildable portion of the parcel is long and narrow and constrained with steep slopes to the north and east, and a property boundary to the west, resulting in developable land that cannot be served adequately with a public street. The panhandle lots are located along the perimeter of the site and between two cul-de-sac bulbs and would not adversely effect public street access to surrounding properties. The project has been appropriately conditioned to ensure that the panhandle lots comply with the access, parking, setback, and drainage provisions of the code. 2. Qualified Development Overlay Zone: The property contains the Q-Overlay Zone. At this point in time the developer is not planning to construct homes on the lots, therefore, the Q-Overlay Zone would require that a Site Development Plan (SDP) be approved by the Planning Commission prior to approval and issuance of building permits for the homes. The SDP would show the floor plans, placement of the homes on the lots, building height, and the architectural elevations of the homes. CI' 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 7 3. Chapter 21.85 Inclusionary Housing, and Chapter 21.53, Site Development Plan: The project would have 61 single-family lots and an inclusionary housing requirement of 10.764 dwelling units which must be affordable to lower income households. In addition, 10 percent of those units, or 1 dwelling unit, must be a three-bedroom unit. The developer is proposing to satisfy the housing requirements by designating, onsite, 9 lots for future second-dwelling units. The second-dwelling units would have exterior access, be incorporated into the second-story of the primary home, and utilize a portion of the three-car garage for parking. Since the project also requires the provision of 1 three-bedroom unit which is infeasible to accomplish with second dwelling units, staff has conditioned the project to deed restrict one of the future three-bedroom homes as affordable to lower income households. In addition to this condition, the developer has been provided an option of providing 9 second dwelling units on-site and purchasing 1 Affordable Housing Credit in Villa Loma. The offsite purchase of 1 credit in Villa Loma is conditioned subject to compliance with City Council Policy No. 57 and 58, Specific Plan 203, and the final approval of the City Council as part of the project's Affordable Housing Agreement. The remaining .764 fraction of an inclusionary dwelling unit would be satisfied through the payment of a fee equal to the fraction (.764) times the average subsidy needed to make affordable to a lower-income household, one newly constructed typical housing unit. If at a future date it is determined to be infeasible to provide any of the affordable housing onsite, the developer has also requested a second option to satisfy the affordable housing requirements by either purchasing 10 credits in Villa Loma or participating in an offsite combined affordable project. In the event of this option, the project has been conditioned to require future compliance with City Council Policies 57 and 58, and Specific Plan 203 prior to City Council approval of an Affordable Housing Agreement to allow the offsite option. The Carlsbad Municipal Code requires a Site Development Plan for any affordable housing project of any size. The Site Development Plan for this project indicates which lots would be designated and deed restricted for second-dwelling units. The plans also include prototypical preliminary floor plans and building elevations to illustrate the parking arrangement and how the second-dwelling units integrate into the primary homes. If, at a later date, the developer desires to build a different type of primary home/second-dwelling unit or change the designated lots, a Site Development Plan Amendment must be approved by the Planning Director. The project has been conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to final map approval. The Affordable Housing Agreement is a legally binding agreement between the developer and the City which provides the specific details regarding the phasing and implementation of the affordable housing requirements of this project. CT 95-03/SDP 95-06/HDP 95-06 - EMERALD FUDGE WEST JANUARY 17,1996 PAGE 8 Slope Height Grading Volume 4. Hillside Development Regulations: 30 Feet 14 Feet Max. 0-7,999 cubic yds/acre 6,493 cubic yds/acre The project site contains slopes of 15% or greater and an elevation differential greater than 15 feet, therefore, a Hillside Development Permit is required. The table below indicates how the project complies with the requirements of the Hillside Development Regulations: Contour Grading Variety of Slope Direction & Undulation Manufactured Slopes Follow the Edge of the Bluff Slope Setback Landscaping Combination of Trees, I I Shrubs, & Ground Cover Slope Screening I Not Quantified - 15 Foot I 30-60Feet Recommended Roadways I Roofline, Building Bulk & To Be Determined with I Future SDP Arc hi tecture Scale Follow Contours Curvilinear Streets That Follow the Bluff Top The project is located in the Mello I1 Segment of the Local Coastal Program (LCP) and complies with the plan as follows: 1. The project is located within the Coastal Resource Protection Overlay Zone and would connect to the gravity sewer system that has been proposed and designed to service the sewer basin in this area which includes a portion of the Costa Do Sol project, Poinsettia Community Park, and the Mar Vista project. Sewer Alignment "A" is the environmentally preferred alignment and would impact steep slopes with disturbed habitat. Due to the topographic constraints in the area, the District Engineer and the Coastal Commission staff have both recommended that Alternative "A" is the least environmentally damaging alternative. On January 3, 1996, as part of the Mar Vista project (CI' 94-11), the Planning Commission approved Alternative "A" for the following reason: CI' 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 9 a. The Coastal Resource Protection Overlay Zone permits development and grading on slopes over 25% in order to provide utilities to service areas of the project site if there is a no less environmentally damaging alternative. The feasibility of Sewer Alignment "B is questionable in terms of tunneling under Encinas Creek to minimize riparian impacts and the Coastal Commission supports Alignment "A". Primary access to the site via Calle Serena (Cherry Blossom Road) would impact .05 acres of steep slopes (25% slope or greater) that contain disturbed Coastal Sage Scrub habitat. Because this access is also the least environmentally damaging and provides primary access to flat developable areas of the site, the slope encroachment is permitted per the requirements of the Overlay Zone. The Planning Commission also reviewed and recommended approval of this access, as part of the Mar Vista Project. 2. The project will be conditioned to provide adequate drainage, siltation, and erosion control facilities as part of the approved grading permit. To avoid potentially damaging runoff into Encinas Creek during the rainy season, the grading operation would be limited to the summer construction season, April 1 to October 1. 3. The project contains vacant non-prime agricultural land containing Class I11 and IV soils and is located in the Coastal Agncultural Overlay Zone (Site 11). The Mello I1 LCP requires mitigation when non-prime coastal agricultural land is converted to urban land uses. The project has been conditioned to comply with the LCP mitigation option provided when projects are located in Site 11. This option requires the payment of an "Agricultural Conversion Mitigation Fee" to the California Coastal Conservancy. E. SUBDIVISION ORDINANCE The proposed tentative map would comply with all the requirements of the City's Subdivision Ordinance, Title 20. Currently there are no public roads or intersections to serve the project site, therefore, the developer must extend public off-site street improvements to connect to the existing circulation network. Primary access to the property would be provided by future Calle Serena (Cherry Blossom Road) which connects to Hidden Valley Road. In order to comply with the City's cul-de-sac policy, the developer is also required to construct a second road connection for emergency access purposes to the driveway of Poinsettia Community Park to the south (as shown on Exhibit "C', dated January 17, 1996). The proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions of approval. The local streets have adequate public right-of-way and connect to Hidden Valley Road which is a non-loaded collector street. All the local, collector, and major streets within this area would be CT 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 10 constructed to full public street width standards, and have curb, gutters, sidewalks, and underground utilities. The proposed street system is adequate to handle the project’s pedestrian and vehicular traffic and accommodate emergency vehicles. To mitigate drainage impacts from the project site, the developer is required to provide adequate drainage, erosion control, and urban pollutant basins. The drainage requirements of Specific Plan 203, City ordinances, and Mello I1 have been considered and appropriate drainage facilities have been designed and secured. In addition to City Engineering Standards and compliance with the City‘s Master Drainage Plan, National Pollution Discharge Elimination System (NPDES) standards will be satisfied to prevent any discharge violations. To comply with Water Quality standards, City grading and erosion control requirements, and the requirements of the Mello I1 segment of the Local Coastal Program, the developer is required to install permanent and or temporary desiltatiodretention basins at the downstream end of all proposed storm drain pipes. The subdivision will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision. The project has been designed and structured such that there are no conflicts with any established easements. In addition, the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). F. HABlTAT MANAGEMENT PLAN: (IN PROCESS) Future Calle Serena (Chew Blossom Road), which would lead from Hidden Valley Road to the project site, would impact approximately 0.05 acres of disturbed coastal sage scrub habitat (CSS), and grading for the residential building pads would impact 0.07 acres of CSS. The impacted CSS habitat area is small in size, linear in shape, partially disturbed and located along the edge of larger habitat areas, thus the significance of the impact is reduced. Because the CSS habitat is regarded as disturbed or located along the edges and the remaining high quality CSS habitat in this area would be preserved, the project is conditioned to mitigate the 0.12’acre CSS impact by acquiring, for preservation, comparable quality habitat. The developer is proposing to mitigate this impact by purchasing, for preservation, .19 acres of Coastal Sage Scrub habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank (subject to the approval of the U.S. Fish and Wildlife Service, the California Department of Fish, and the City of Carlsbad). The construction of Calle Serena (Cherry Blossom Road) in this area is the least environmentally damaging access alternative. It provides primary access to an otherwise landlocked area that is surrounded by steep slopes and high quality CSS. The .07 acre impact within the 60 foot buffer area is small and linear in size and shape and will not adversely effect the larger habitat area to be preserved in permanent open space (Lot 62). The project would result in the loss of 0.12 acres of disturbed CSS habitat, therefore, prior to the issuance of a grading permit, the City will have to authorize this project to draw from CT 95-03/SDP 9546/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 11 the City's 165.70 acre (5%) CSS interim take allowance. The take of 0.12 acres of CSS habitat from the MSP California LLC property will not impair the ability of the City to implement it's draft Habitat Management Plan (subregional NCCP). Interim CSS habitat losses that are incurred before completion and approval of a subregional NCCP/Carlsbad Habitat Management Plan (HMP), must be approved by the City Council (Habitat Loss Permit) and the United States Fish and Wildlife Service. A procedure has been established which allows the City to benefit from the 4(d) rule. This procedure includes: establishment of the base number of acres of coastal sage scrub habitat in the subregion, calculation of the 5% for the interim habitat loss, and cumulative record keeping of all interim habitat losses. Prior to the grading of the project site the Developer must receive City Council approval of a Habitat Loss Permit, The City has calculated that 5% of the base acreage of coastal sage scrub in Carlsbad is 165.70 acres. As of August, 1995, 19.38 acres have been taken. The loss of coastal sage scrub due to this project (0.12 acres) would result in a cumulative habitat loss of 19.5 acres for the HMP area once all the approved loses have been taken. This loss does not exceed the 5% guideline of 165.70 acres. The habitat loss has been reduced or mitigated by the design of the project, in that the Calle Serena (Cherry Blossom Road) alignment is the most sensitive in terms of habitat and slope impact and adequate mitigation is proposed to offset habitat impacts from grading for building pads along Lot 62. The project meets the intent of the City's draft HMP as follows: 1. The 0.12 acre take area is located outside of any Preserve Planning Areas; 2. The habitat loss will not preclude connectivity between areas of high habitat values since this area is not included as a part of a Linkage Planning Area &PA); 3. The habitat loss will not preclude or prevent the preparation of the Carlsbad HMP in that the area is not a part of a Linkage Planning Area, makes no contribution to the overall preserve system and will not significantly impact the use of habitat patches as archipelago or stepping stones to surrounding PPAS. 4. Mitigation for the loss of the 0.12 acres of CSS will be in the form of the acquisition of habitat credits as discussed above. The loss of habitat on the MSP California LLC property will not appreciably reduce the likelihood of the sunrival and recovery of the gnatcatcher; 5. The habitat loss is located in a disturbed area that is directly adjacent to Hidden Valley Road and the Poinsettia Community Park, therefore, large blocks of habitat will not be lost and fragmentation will not occur, and; 6. The habitat area being impacted is at the periphery of a larger CSS habitat area; it is not in the center where the loss of habitat would be more CI' 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 12 ~~ LIBRARY WASTE WATER TREATMENT PARKS DRAINAGE important. 131.6 square feet Yes 71 EDUs Yes .49 acres Yes Basin No. 3 Yes G. GROWI" MANAGEMENT ~~~~ CIRCULATION FIRE OPEN SPACE SCHOOLS SEWER COLLECIION SYSTEM WATER The proposed project is located within Local Facilities Management Plan Zone 20 in the Southwest Quadrant of the City. The impacts created by this development on public facilities and compliance with the adopted performance standards are summarized as follows: ~ ~~~~~ 670 ADT Yes Station No. 4 Yes 3.48 acres YeS CUSD Yes 71 EDUs Yes 15,620 GPD Yes CITY ADMINISTRATION I 246.8 square feet I Yes II The project is 68.26 dwelling units below the Growth Management Dwelling Unit allowance of 139.26 dwelling units for the property as permitted by the Growth Management Ordinance. Surplus dwelling units (68.26) that are not used by the developer are placed into a City bank of excess dwelling units. The City can allocate these dwelling units to residential projects that exceed the growth control point (Density Bonus) in order to provide affordable housing. H. E"MENTALREMEW The project site is located within the boundaries of Specific Plan SP 203 which covers the 640 acre Zone 20 planning area. The certified Final Program EIR 90-03 for Specific Plan 203 addresses the potential environmental impacts associated with the future buildout of the Zone 20 Specific Plan area and is on file in the Planning Department. Use of a Program EIR enables the City to characterize the overall environmental impacts of the specific plan. The Find Program EIR contains broad, general environmental analysis that serves as an information base to be consuited when ultimately approving subsequent development projects (i.e. tentative maps, site development plans, grading permits, etc ...) within the CT 95-03/SDP 95-06/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 13 specific plan area. The City can avoid having to "reinvent the wheel" with each subsequent development project by analyzing, in the program EIR, the regional influences, secondary effects, cumulative impacts, and broad alternatives associated with buildout of the planning area. The recommended and applicable mitigation measures of Final EIR 90-03 are included as conditions of approval for this project. Per the requirements of Final EIR 90- 03, additional project specific environmental studies, including biological analysis, have been prepared. These studies provide more focused and detailed project level analysis and indicate that additional environmental impacts beyond what was analyzed in Final EIR 90-03 will result from implementation of the project. In addition to the Final EIR for Specific Plan 203, more recently the City has certified a Final Master Environmental Impact Report for an update of the 1994 General Plan. The Master EIR serves as the basis of environmental review and impact mitigation for project's that are consistent with the plan, including projects within Specific Plan 203. Per the recommendations of Final EIR 90-03, a Mitigated Negative Declaration was issued for this project to evaluate the additional environmental impacts created by the two off-site sewer lines, project grading, and the access road (Cheny Blossom Road) from Hidden Valley Road. The Planning Director has determined that the project will have a significant effect on the environment, however, there will not be a significant effect in this case since the mitigation measures and Mitigation and Reporting Program described in the attached EM-Part I1 have been added to the project. This decision was based on findings of the EM-Part 11, an evaluation of Final EIR 90-03 and Master EIR 94-01, an archaeological report, a biological survey and impact study, a geotechnical report, soils report, pesticide residue survey and report, acoustical study, traffic report, and field surveys by staff. The Mitigated Negative Declaration was sent to the State Clearinghouse and the United States Fish and Wildlife Service for public agency review and letters were received from the California Department of Fish and Game (DFG) and the California Coastal Commission (CCC). DFG concurs with the mitigation measures of the Mitigated Negative Declaration and agrees with staff that the project is consistent with the Natural Communities Conservation Planning Program Guidelines (NCCP). The CCC recommends Sewer Alignment "A" because it is the least environmentally damaging alternative. They have also commented on the project's grading and the potential impact it may have on steep slopes. In response to this comment, the project's grading for the trail, local internal streets, and building pads has been designed to avoid all steep slopes and the proposed manufactured slopes have been contoured graded to follow the top of the bluff. In addition, future buildings would be setback 60 feet from the steep slope and native habitat areas. ATTACHMENTS 1. 2. 3. 4. Planning Commission Resolution No. 3879 Planning Commission Resolution No. 3880 Planning Commission Resolution No. 3881 Planning Commission Resolution No. 3882 Cl" 95-03/SDP 9546/HDP 95-06 - EMERALD RIDGE WEST JANUARY 17,1996 PAGE 14 5. LocationMap 6. Background Data Sheet 7. 8. Disclosure Form 9. 10. 11. Local Facilities Impact Assessment Form Department of Fish and Game letter, dated November 17, 1995 California Coastal Commission letter, dated November 30, 1995 Full size Exhibits "A" - "M", dated January 17, 1996 JG:kr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 PLANNING COMMISSION RESOLUTION NO. 3879 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE MAP, SITE DEVELOPMENT PLAN, AND HILLSIDE DEVELOPMENT PERMIT, TO: (1) SUBDIVIDE THE MSP LOTS, ONE 8.3 ACRE OPEN SPACE LOT, AND A 27.4 ACRE REMAINDER PARCEL; AND (2) ALLOW 9 PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE, NORTH OF CAMINO DE LAS ONDAS, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203 AND LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: EMERALD RIDGE WEST CALIFORNIA LLC PROPERTY INTO 61 SINGLE-FAMILY FUTURE SECOND-DWELLING UNITS; ALL ON CASE NO: CI' 95-03/SDP 95-06/HDP 95-06 WHEREAS, said application constitutes a request for approval of the project more fully described as a Tentative Map, Site Development Plan, and Hillside Development Permit, to subdivide the MSP California LLC property into 61 single-family lots, one 83 acre open space lot, a 27.4 acre remainder parcel, and allow 9 future seconddwelling units, for certain property to wit: All that certain parcel of land delineated and designated as "Description No. 1,103.91 Acres" on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19,1960, being a portion of Lot G of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carlsbad, all being in the County of San Diego, State of California. Excepting therefrom that portion lying within Parcels "A", "B", "C" and "D" of Parcel No. 2993 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 23,1974 as File No. 74-230326 of Official Records. WHEREAS, the Planning Commission did on the 17th day of January, 1996, hold a duly noticed public hearing as prescribed by law and provided in Chapter 19.04 of the Carlsbad Municipal Code, to consider said request, and I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning I Commission as follows: I I i A) That the foregoing recitations are true and correct. 1 4 I I B) That based on the evidence presented at the public hearing, the Planning 1 Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative ' Declaration according to Exhibit "ND", dated October 27, 1995, the "PII", I dated October 3, 1995, and the Mitigation Monitoring and Reporting Program on file in the Planning Department, attached hereto and made a part hereof, based on the following findings: ~ I I I Findings: 1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and , considered Mitigated Negative Declaration for the Emerald Ridge West project, the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring and Reporting Program, on file in the Planning I Department, prior to recommending approval of the project. Based on the EM Part-I1 and comments thereon, the Planning Commission finds that there is no i substantial evidence the project will have a significant effect on the environment and ! hereby recommends approval of the Mitigated Negative Declaration. I i 2. The Planning Commission does hereby find that the Mitigated Negative Declaration 1 for the Emerald Ridge West project and Mitigation Monitoring and Reporting i Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines, and the Environmental Protection Procedures of the City of Carlsbad. 3. The Planning Commission finds that the Mitigated Negative Declaration for the Emerald Ridge West project reflects the independent judgment of the Planning Commission of the City of Carlsbad. Conditions: 1. Sewer/Stonndrain Alternative "A" - Implementation of Alternative "A" crosses Encinas Creek. Prior to the issuance of a final map or grading permits, whichever occurs first, the developer shall obtain a Streambed Alteration Agreement from the PC RES0 NO. 3879 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. .... .... .... .... .... .... .... California Fish and Game Department, if required for any proposed alterations to existing natural watercourses, and shall comply with any and all permit requirements associated therewith, pursuant to Section 1601/1603 of the Fish and Game Code. The developer, in conjunction with the Department of the Army Corp of Engineers shall determine whether a 404 permit shall be required for alterations to wetland areas. 0.12 acres of coastal sage scrub (CSS) habitat will be directly impacted by this project. The impacted CSS habitat is regarded as disturbed habitat (0.05 acres) and medium to high quality habitat (0.07). Pursuant to the Interim Take provisions of the 4d Rule for the California gnatcatcher, the project shall be required to mitigate this loss of .12 acres of CSS by acquiring, for preservation, comparable quality habitat at a 1:l ratio for the disturbed CSS and 2:l for the higher quality CSS. The developer proposes to mitigate this impact by purchasing, for preservation, .19 acres of CSS habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank. This proposal shall require the approval of the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Game, and the City of Carlsbad. Prior to the issuance of grading permits, the project applicant shall be required to consult with and obtain necessary “take” permits from the USFWS, the California Department of Fish and Game for impacts created by the loss of the .12 acres of CSS. The CC&Rs for the project shall include a requirement, stating that flood lights from the development shall not project/shine into the native habitat areas. Heavy construction adjacent to coastal sage scrub and chaparral habitat areas along the east and north side of the site during the California gnatcatcher breeding season (March 1 to July 31) shall be prohibited. Approval of the Mitigated Negative Declaration is granted subject to the approval of LCPA 94-04, ZC 94-04, CT 95-03, SDP 95-06, and HDP 95-06. The Mitigated Negative Declaration is subject to all conditions contained in Planning Commission Resolution Nos. 3873,3874,3880,3881, and 3882. PC RES0 NO. 3879 -3- P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ‘15 16 17 18 19 20 21 22 23 24 25 26 27 20 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of January, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 3879 WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION -4- ' MITIGATED NEGATIVE DECLARA TION PROJECT ADDRESS/LOCATION: San Diego County, City of Carlsbad, Accessors Parcel Number 212-04032,35,36,38. East of Paseo del Norte and south of Palomar Airport Road. PROJECT DESCRIPTlON: A tentative map for 61 singlefamily residential lots ranging in size from 7,500 to 19,201 sq. ft., a 8.3 acre open space lot, and 10 second- dwelling units. Project improvements include: (1) local public streets, curbs, gutters, sidewalks and drainage facilities to serve the lots; (2) two alternative sewer and stormdrain alignments (A and 6) that connect from the property to an existing easvwest sewer line along Encinas Creek; (3) the construction of Hidden Valley Road from Camino de las Ondas to Palomar Airport Road; (4) the alignment of a trail between the northern segment of Hidden Valley Road and the residential lots, and; (5) the construction of a local public street from Hidden Valley Road to the project site. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Migated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carisbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Jeff Gibson in the Planning Department at (619) 438-1 161,'actension 4455. DATED: OCTOBER 27,1995 CASE NO: CT 95-03/HDP 9506/SDP 95-06 Planning Director CASE NAME: EMERALO RIDGE WEST PUBLISH DATE: OCTOBER 27,1995 JQkr 2075 Las Palmas Drive - Carlsbad. Callfornia 92009-1 576 - (61 9) 438-1 t 61 @ ONME "TAL IMPACT ASSESSME NTF'ORM-PART4 (?O BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 9543/HDP 9546/SDP 95.06 DATE: October 3. 1995 BACKGROUND 1. CASENAME: Emera Id Ridne West 2. APPLICANT: Lad win Desim G~uD. Inc. 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 703 Palomar Abort Road. Suite 300 Carlsbad CA 92009. (619) 438-3182 4. DATE EIA FORM PART I SUBMITTED: May 26.1995 5. PROJECT DESCRIPTION: A tentative ~TE~D for 6 1 single-family residential lots ranning in size from 7.500 to 19.201 sa. ft.. a 8.3 acre own wce lot. and 10 seconddwellinn units. Proiect hmovements include: (1) local Dubk streets. curbs. gutters. sidewalks and drainaze facilities to Sewe the lots: (2) two alternative sewer and stormdrain aliments (A and B) that connect from the prowrtv to an existinn eastf west sewer line along Encinas Creek (3) the construction of Hidden Valley Road from Camino de las Ondas to Palomar Ahrt Road: (4) the alipnment of a trail between the northern sement of Hidden Valley Road and the residential lots. and (5) the construction of a local Dubk street from Hidden Valley Road to the m iect site, SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact", or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. - Land Use and Planning - X Transportation/CircuIation - Public Services - Population and Housing - X Biological Resources - Utilities and Service - Geological PmbIans - Energy and Mineral Resources Systems ;X, Aesthetics - X Water - Hazards X CdturalReso~ - Recreation - X AirQuality X Noise - X Mandatory Findings of Significance 1 Rev. 3r2sps DETERMINATION. (To be completed by the I#d Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a signifkant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I frnd that although the proposed project could have a sipifkant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I frnd that the proposed project MAY have a signXcant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have signifcant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An MITIGATED NEGATIVE DECLARATION is required, but it must analyze only the effects that remain to be addressed. I frnd that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR / MlTIGATED NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR / MITIGATED NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Comuliance has been premed. IOlUt. k- Planning Director Date I 2 Rev. 3m STATE CEQA GUIDBLINES, chapret 3, Article 5, saction 15063 requires that the City conduct an Environmental Impact Assessment to detmnim if a project may have a significant effect on the environment. The Environmental hpact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referend infodon sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. "Less Than Signifcant Lmpact" applies where there is supporting evidence that the potential impact is not adversely si@icant, and the impact does not ex& adopted general standards and policies. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Sigdhnt Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than signifhnt level. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. Based on an "EM-Part IT, if a proposed project could have a potentially significant effect on the environment, but fl potentially sipfkant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior en- document have been incorporated into this project, then no additional environmental &cument is quired (Prior compliance). mitigation measufcs that are imposed upon the proposed project, and none of the circuastan CeS When "Potentially Signiticant Imp9 is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a 'Statement of Overriding Considerations" has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the Ci perceives no substantial evidence that the Project or any of its aspects may cause a signifhnt effect on the environment. 3 If then gtc cmc amore jmtcndally significant efficts, the Ci may avoid prcpdng an EIR ifthere are mitigation mcasucm to clearly reduce impacts to less than significant, and those mitigation measures are agmd to by the developer prior to public review. In this case, the appropriate "Potentially Si- Impact Unless Mitigation Incorporated' may be checked and a Mitigated Negative Declaratioa may be prepared. 0 An EIR mu@ be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agra to mitigation measures that reduce the impact to less than sigxuficant; (2) a "Statement of Ovemding Considerations" for the significant impact has not been made pursuant to an earlier Em, (3) proposed mitigation measures do not reduce the impact to less than significant, or, (4) through the EIA-Part tI analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 3m I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (Source #(s): ) - - - - X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? 0 - X - X - c) Be incompatible with existing land use in the vicinity? 0 - d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts fiom incompatible land uses)? 0 e) Disrupt or divide the physical arrangement of an established community (including a low-inunne or minority wrnmunity)? 0 X - II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? 0 X - b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? 0 X - X - c) Displace existing housing, especially affordable housing? 0 III. GEOLOGIC PROBXXMS. Would the proposal result in or expose people to pore3ltial impacts involving: - X - X X - - X a) Fault rupture? 0 b) Seismicgroundshaking?O c) Seismic ground Mure, including Liquefaction? 0 d) Seiche, tsunaru *, or volcanic hazard? 0 5 e) Landslides or mudflows? 0 f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fa? 0 g) Subsidence of the land? 0 h) Expansive soils? 0 i) 6 Unique geologic or physical features? 0 IV. WATER. Would the proposal result in: Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? 0 Exposure of people or property to water related hazards such as flooding? 0 Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? 0 X - Changes in the amount of surface water in any water body? 0 Changes in currents, or the course or direction of water movements? 0 Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception ob an aquifer by cuts or excavations or through SUM loss of groundwater recharge capability? 0 Altered direction or rate of flow of groundwater? 0 Impacts to groundwater quality? 0 6 i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 0 - - - - X V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? 0 b) Expose sensitive receptors to pollutants? 0 c) Alter air movement, moisture, or temperature, or cause any change in climate? 0 - - d) Create objectionable odors? 0 - - VI. TRANSPORTATION/CIRCUL,ATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 - - b) Ham& to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? 0 - - c) Inadequate emergency access or access to nearby uses? 0 - - d) Insufficient parking capacity on-site or off-site? 0 - - f) Conflicts with adaped policies supporting alternative transpoptatr 'on (e.g. bus tumouts, bicycle racks)? 0 - - g) Rail, waterbom or air traffic impacts? 0 - - X - X - - X X - X - - X - X X - - X VII. BIOLOGICAL RESOURCES. Would the prop4 result in impacts to: 7 Rev. 3/L8p3 a) Endangered, threatened or ran species or their habitats (including but not limited to plants, fish, insects, animals, and buds? 0 x b) Locally designated species (e.g. heritage trees)? 0 c) Locally designated ~tural communities (e.g. oak forest, coastal habitat, etc.)? 0 X - d) Wetland habitat (e.g. marsh, riparian and vernal Pool)? 0 X - e) Wildlife dispersal or migration corridors? 0 VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? 0 b) Use non-renewable resourus in a wasteful and inefficient manner? 0 c) Result in the loss of availability of a hown mineral resource that would be of future value to the region and the residents of the State? 0 E. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous subdances (including, but not limited to: oil, pestichks, chemicals or radiation? 0 b) Possible intedferrm# with an emergency response plan or emergency evacuarion plan? 0 c) The creation of any health hazard or potential health hazard? 0 d) Exposure of people to existing sources of potential health hazards? 0 8 e) Increase fue hazard in areas with flammable brush, grass, or trees? 0 - X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 - b) Exposure of people to severe noise levels? 0 . - XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: - X X X - - a) Fire protection? 0 b) Police protection? 0 c) Schools? 0 d) Maintenance of public facilities, including mads? 0 X X - - e) Other governmental services? 0 XII. UTILlTIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? 0 X - - X b) Communicatia~~syIltemslO c) Local or ngiaml water treatment or distribution facilities? 0 d) Sewer or septic tanks? 0 e) Storm water drainage? 0 f) Solid wastedisposai? 0 ' g) Local or regional wata supplies? 0 9 XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? 0 b) Have a demonstrable negative aesthetic effect? 0 c) Create light or glare? 0 XIV. CULTURAL RESOURCES. Would the proposal: I Disturb paleontological resources? 0 Disturb archaeological resources? 0 Affect historical resources? 0 Have the potential to cause a physical change which would affect unique ethnic cultural values? 0 Restrict existing religious or sacred uses within the potential impact area? 0 XV. RECREATION. Would the proposal: a) Increase- the demand for neighborhood or regional park or other recreational facilities? 0 b) Affect existing recreational opportunities? 0 x 10 Rev. 3/23/95 Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fsh or wild life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major perids of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other cumnt projects, and the effects of probable future projects) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X - x XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. section 15063(c)(3)(D). In this case a discussion should idenq the following on attached sheets: Earlier analyses uscd. IdcntiQ earlier analyses and state where they are available for review. MBIR - 1994 update of the Carlsbad General Plan/Fii EIR 90-03 for Specific Plan 203, on file in the Phdng Department at 2075 Las Palmas Drive, Carlsbad CA. 92009. Impacts adequEdely addrewed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. See following discussioh Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measunx which were inc~qorated or refined from the earlier document and the extent to which they address site-specitic conditions for the project. See following discusrioh 11 Rev. 3/23/95 PROJECT BACKGROUND AND ENVIRONMENTAL SETTING: The project is located 900th of Mom Airport Road, east of Paseo Del Norte, adjacent to future Hidden Valley Road, and north of Camin0 de las Ondas, in the City of Carlsbad. The western half of the property is utilized for agriculture. The majority of the site wntains very gently sloping topography that rises from west to east. The eastern half of the property consists of a finger canyon which continues north and connects with Canyon de las Encinas. The flat developable areas of the property are rimmed by steep slopes along the east and north. Topographic elevations on the site range from approximately 80 feet in the canyon floor to 180 feet above mean sea level on the gently sloping mesa. The site is underlain by the Eocene age bedrock Santiago Formation (also known as Delmar and Friars Formation), which is capped by Quaternary terrace deposits. These bedrock formations are mantled by alluvium, topsoil, and artificial fill soils. Six vegetation types are present on the property: (1) rudera.l/agriculture on the mesa; (2) pampas grass, diegan coastal sage scrub, and southern mixed chaparral along the steeper slopes, and; (3) riparian southern willow scrub, and baccharislmule fat in the canyon. Vehicular access to the site would be provided by a local street leading from a future non-loaded collector street named Hidden Valley Road. Hidden Valley Road would travel east of the property and intersect with Camino de las Ondas to the south and intersect with Palomar Airport Road to the north. The project would sewer north, through the Mar Vista project (CT 94-11) and connect with the existing east/west sewer line in Canyon de las Encinas (Alternative “A“ or “B”). Due to an elevation differential of 28 feet between the low end of the Mar Vista project site at elevation 142 feet (La 19) and the high point on Emerald Ridge - West at elevation 180 feet, it is not physically possible to sewer the project through the already approved sewer line in future Hidden Valley Road, therefore, another sewer line that flows directly to the north of the site is required. The alignment of future Hidden Valley Road from Palomar Airport Road to Camino de las Ondas has already been environmentally reviewed and approved by two previous projects; the City‘s Poinsettia Community Park project - (CUP 92-05), and the Sambi Vesting Tentative Map - (CT 92-02). The environmental documents for these projects are on file in the Planning Department. Subsequent to the submittal of this project to the City on May 26, 1995, the California Department of Fish and Game, the California Coastal Commission, and the Army Corps of Engineers in a Section 7 Consultation with the United States Fish and Wildlife Service have all issued permits or approvals for the construction of Hidden Valley Road from Palomar Airport Road to the northern propeIty boundary of the City‘s Poinsettia Community Park. Hidden Valley Road would provide primary access to the project from palomar Airport Road, and it‘s construction would not sipifkantly impact the environment as conditioned and mitigated through City, State and Federal permits. The project site is located within the boundaries of Specific Plan 203 which covers the 640 acre Zone 20 Planning Area. The certified Fiarl Frogram EIR 90-03 for Specific Plan 203 addresses the potential environmental impacts associated with the future buildout of the Zone 20 Specific Plan area and is on file in the Planning Department. Use of a Program EIR enables the City to characterize the overall environmental impacts of the specific plan. The Final Program EIR contains broad, general environmental analysis that serves as an informaton base! to be consulted when ultimately approving subsequent development projects (i.e. tentative maps, site development plans, grading permits, etc ...) within the specific plan area. The City can avoid having to ”reinvent the wheel” with each subsequent development project by analyzing, in the program EIR, the regional influences, secondary effects, cumulative impacts, and broad alternatives associated with buildout of the plannjng area. The applicable and recommended mitigation me%sures of Fii EIR 90-03 will be included as conditions of approval for this project. This subsequent expanded “Initial Study is intended to supplement the Final EIR and provide more focused and 12 Rev. 3/28/95 L detailed project bel analysis of site specific environmentaI impacts and, ifappficable, provide more refined project level mitigation xneasms as required by Final EIR 9043. Mitigation measures that are applicable to the project and already included in Final EIR 90-03 will be added to the tentative map nsolution and new mitigation measures not evaluated in Final EIR 903 will be included in this Mitigated Negative Declaration. For example, additional environmental impacts not addressed in Final EIR !N43 include riparian impacts created by the offsite sewer alignment "B". In addition to the Final EIR for Specific Plan 203, more recently the City has certified a Final Master Environmental Impact Report for an update of the 1994 General Plan. The certified Master EIR is on file in the Planning Department. The Master EIR serves as the bash of envirOnmental review and impact mitigation for project's that are consistent with the plan, including projects within Specific Plan 203. Projects covered under the Master EIR for the General Plan include implementation activities such as rezoning of properties, specific plans, and the approval of development plans, including tentative maps, conditional use permits, and other land use permits. PHYSICAL ENVIRONMENT: To DomaDhv. Geotechnical. & G radin e * Development of the site would include 129,205 cubic yards of grading to acmmmodate building pads, lots, utilities, drainage structures, onsite local public roadways, and Hidden Valley Road. The proposed grading conforms to the City's Hillside Development Ordinance and manufktumd slopes would be landform/contour graded, screened with landscaping, and not exceed 30 feet in height, therefore the alteration of the topography would not be considered a significant physical impact. The Preliminary Geotechnical Investigation prepared by GeoSoils, Inc., dated September 6, 1994 states that, "Based on our field exploration, laboratory testing, engineering and geologic analyses, it is our opinion that the project site is suited for development from a geotechnical engineering and geologic standpoint". A grading permit is required for the project, therefore, the City's adopted &rading permit standards, including required compliance with the geotechnicd study, would ensure that the project has proper erosion control measures including landscaping on manufactured slopes, adequate drainage facilities, and proper soil compaction. These items are all required by the Engineering Department prior to approval of the grading permit. Water Oualitv; Section 5.2 of Master EIR 9341 discussed water quality and sedimentation impacts to Encinas Creek Development of the project would create impervious surfaces onsite which reduce absorption rates and increase swface runoff and runoff velocities. In addition, drainage from the project's roofs, streets, driveways, slopes, and yards would constitute a potentially significant impact to water quality due to potential pollutants in the %on-point source" urban runoff. Buildout of the General Plan, including nsi&ntial development within Specific Plan 203, may significantly impact hydrological resources, therefore, the appropriate, and recommended General Pian mitigation measures will be added as a condition of this project - (Sccticm 5.2.5, hge 5.2-8, Master EIR 9341). Prior to approval of a grading permit the applicant must comply with the requirements of the National Pollutant Discharge Elimination System ("DES) permit. The applicant would be required to provide the best management practices to reduce Surface pollutants to an acceptable level prior to discharge to sensitive biological areas. compliance with this requirement would reduce any water quality impacts to below a level of significance. Grading Permit standards and the Zone 20 Local Facilities Management Plan require adequate drainage facilities to service the site. Hydrology standanis of the Mello II Segment of the Local coastal Program require that post development surface m-off, from a lO-year/6 hour storm event, must not carry any increased velocity at the property line. To meet this standard, energy dissipation hcilities (i.e. riprap) would be provided along the drainage course, in addition to a pexmanent regid besin praposed west of future Hidden Valley Road, adjacent to Encinas Creek at the 67 foot elevation. Air Oualitv: Final EIR 90-03 for the Zone 20 Specific Plan (SP 203) discussed air quality impacts, however, this discussion has now been supplemented by the Air Quality Section 5.3 of the Master EIR. The implementation of projects that are consistent with the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non- attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Section 3.3.2.2 of Final EIR 9043 and Section 5.3.3 of the Master EIR both indicate that construction activities associated with implementation of the Specific Plan and General Plan will produce short tern air quality impacts in the form of dust from grading and traffic on dirt roads, and emissions from construction equipment. To reduce these short-term construction impacts to the lowest extent possible the project would be conditioned with mitigation measures designed to reduce dust and construction emissions - (Final EIR 9043, Section 3.3.3, Page III-33; and Master EIR 9341, Section 5.3.5, Page 5.3-11). Short-term construction impacts for this project can be mitigated below a level of significance locally, but operation-related emissions are still considered cumulatively signikant because the area is located within a "non- attainment basin", therefore, the "Initial Study" checklist is marked " YES - significant". This project is not required to prep an EIR because the recent certification of the Final Master EIR 93-01. by City Council Resolution No. 94-246, included a "Statement Of Overriding considerations" for air quality impacts. This "Statement Of Overrim consideration" applies to all projects covered by the Mastez EIR, including residential projects in Specific Plan 203, therefore, no further environmental review of air quality impacts is required. Cultural & Paleontolonical Resxrceg Section 3.60 of Fii EIR 90-03 identified an archaeological site within the project boundaries (CA-SDI-9607). The project would impact CA-SDI-9607, therefan, a Historical/Archaeological Survey of the site was ppared by Gallegos & Associates, dated September 1994. The report concluded that due to the limited number or axtifacts and the disrurbed natun of the deposit, site CA-SDI-9607 is identified as not impomnt under CEQA and the City of Carlsbad Guidelines, and no further study or mitigation is required. Section 3.10 of Final EIR 90-03, identified the potential for the presence of significant paleontological tesou~ces throughout the entire spaclfic p-g area, with a high potential for the discovery of fossils during future grading and construction activitisr To reduce this potential im~ to below a level of significance the project would be conditioned with miti- mc8su~es designed to protect paleontological resources - (Section 3.10.0, Page a-107, Final EIR 9043). BIOLOGICAL ENVIRONMENT: Backmound; The Biology Section (3.4) of Fi EIR 90-03 provides baseline data at a gross scale due to the large size of the specific plan area. Given the large number of property owners and their Mering development horizons and the inevitable change in biological conditions over the long-term buildout of the specific plan area, it is not possible to mitigate biological impacts from the buildout of the entire specific plan under one comprehensive open space easement that crosses property lines or a habitat revegetation/enhancement plan sponsored solely by the property owners. The implementation of the biological section of the EIR is based on future site specific biological survey studies that focus on the impacts created by individual subsequent development projects. These additional biological studies are required to consider the baseline data and biological open space recommendations of Final EIR 90.03 and provide more detailed and current resource surveys plotted at the tentative map scale for each property. The range of the future mitigation options may include preservation of sensitive habitat onsite in conjunction with enhancement/revegetation plans, payment of fees into a regional consewation plan, or the purchase and protection of similar habitat offsite. Proiect Level Bioloeical Reports: To meet these EIR requirements a biological resource field survey was prepared by RECON, dated January 1995 and updated June 20, 1995 (sewer and stormdrain impacts), and a Biological Survey Report, prepared by Brian Mooney Associated, dated August 1995, which evaluated impacts created by the project. These subsequent biological studies are intended to provide more focused, current, and detailed project level analysis of site specific biological impacts and provide more refined project level mitigation measures as required by Final EJR 90.03. The project site was surveyed for sensitive plant and animal species and no sensitive plant species were identified onsite, and three (3) sensitive wildlife species (turkey vulture, northern harrier, and California gnatcatcher) were observed onsite. The "threatened" wastal California gnatcatcher was ohsewed in the Diegan coastal sage scrub along the east and north side of the site. The property was also surveyed for the burrowing owl and the bird was not observed on the sita Offsite Roadway ImDaCts and A hernatives: The RECON Biological Report indicates that implementation of the project's off-site sewer and stormdrain alignment "B" would create additional significant impacts to riparian habitat not discussed in Fii EIR 90-03, therefore, mitigation measutts designed to reduce biological impacts to below a level of significance will be required as part of the project. Alignment "B" may have a potentially significant impact on sensitive biological habitat which is under the jurisdiction of two (2) "Responsible" public rtsourct agencies, the California Coastal Commission and the California Department of Fii and Game (CDFG). The construction of the project's sewer may be considered an alteration to a streambed and require a permit fram the CDFG and the Army Corp of Engineers. If feasible, the Alternative "B" sewer line should be tunneled under Encinas Qnek to avoid impacts to the wetlands. To reduce riparian impacts to below a level of significance, and contingent on the approval of 15 Rev. 3/28/% the appropriate rcsou~as agencies, any areas of riparian habitat disturbed by wns&uction of the sewer line shall be replanted/enhanced with native riparian species at a 3:1 ratio so there is no "net loss" of habitat, and impacts are temporary. 'IXe will be required to obtain all necessaty or applicable resources agency permits prior to approval of a W map or grading permit, whichever occurs first. Based on comments from the California Coastal Commission during the public review period for the Mar Vista project's (located directly west) Mitigated Negative Declaration, the developer has proposed a more environmentally sensitive sewer and stormdrain alignment "A. If the newly proposed and environmentally preferred alternative sewer and stormdrain alignment "A" is implemented, then no native habitat would be impacted and habitat mitigation is not required, per the analysis provided in the updated Biological Survey Report, prepad by RECON, dated June 20, 1995. During the writing of this Initial Study the Carlshad Water District has decided to actively pursue approval for Alternative "A", from the California Coastal Commission and the State Fish and Game Department, in order to provide sewer for the City's Poinsettia Community Park as well as other properties that must gravity sewer in this direction within the area Phase I of the park is estimated to be completed by the end of the summer of 1996, therefore, the Water District anticipates having all environmental clearances and applicable resource agency permits for the sewer line prior to the summer so that the sewer line construction can be coordinated with the completion of the park. The Mooney & Associates Biological Report, dated August 1995, indicates that the project's main access road leading from future Hidden Valley Road to the project site would impact approhtely 0.05 acres of disturbed coastal sage scrub habitat (CSS), and grading for the residential building pads would impact 0.07 acres of CSS. The impacted CSS habitat area is small in size, linear in shape, partially disturbed and located along the edge of larger habitat areas, thus the significance of the impact is reduced. To offset the loss of 0.12 acres of CSS the project shall be conditioned to mitigate the 0.12 acre CSS impact by acquiring, for preservation, comparable quality habitat. The developer is proposing to mitigate this impact by purchasing, for preservation, .19 acres of coastal sage scrub habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank (subject to the approval of the U.S. Fish and Wildlife Service and the California Department of Fish). City's Habitat Management Plan. NCCP. and 4d Rule Determination: The construction of the local access road in this area is the least environmentally damaging access alternative, it provides primary access to an otherwise landlocked area that is surrounded by steep slopes and high quality CSS, and it would result in the loss of 0.05 acres of CSS habitat, The .07 acre impact within the 60 foot buffer area is small and linear in size and shape and will not adversely effect the larger habitat area to be preserved in permanent open space (Lot 62). %or to the issuance of a grading pexmit the City may have to authorize this project to draw from the City's 167.5 acre (5%) CSS take allowance. The take of 0.12 acres of CSS habitat from the Emerald Ridge-W- ppoperty site will not impair the ability of the City to implement it's draft Habitat Management Plan (sutxeghal NCCP). Mor to completion of a subregional NCCP/Carlsbad Habitat Management Plan (HMP), interim apptroval must be secured for losses of coastal sage scrub habitat. A procedure has been established which allows the local jurisdiction to benefit hm the 4(d) rule. This procedure includes: establishment of the base numbex of acres of cogstal sage scrub habitat in the subregion, calculate 5% for the interim habitat loss, and keep a cumulative record of all interim habitat losses. The City of Carlsbad has calculated that 5% of the base acreage of coastal sage scrub is 165.70 acres. As of March, 1995.3.96 acres have been taken. The loss of coastal sage scrub due to the project (0.12 acres) would result in a cumulative habitat loss of 4.08 acres for the HMP area once all the approved loses have been taken. This loss does not exceed the 5% guideline of 165.70 acres. The 0.12 acre take area is located outside of any Preserve Planning Areas. The habitat loss will not preclude connectivity between areas of high habitat values since this area is not included as a part of a Linkage Planning Area (LPA). The habitat loss will not preclude or prevent the preparation of the Carlsbad HMP in that ' I the area is not a put ofa Linkage Planning 4 Area, makw no cudbution to the overall preserve system and will not significantly the w of habitat patches as archipelago or stepping stones to sunounding PPAs. The habitat loss has ban reduced ar mitigated by the design of the project, in that this acccss alignment is the most sensitive in terms of habitat and slope impact. Mitigation for the loss of the 0.12 acres of CSS will be in the fonn of the acquisition of habitat dts as discussed above. The loss of habitat on the Emerald Ridge-West property will not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher. The habitat loss is small in size, located along the edge, and in a disturbed area that is directly adjacent to future Hidden Valley Road and the Poinsettia Community Park, therefore, large blocks of habitat will not be lost and fragmentation will not occur. The habitat area being impacted is at the periphery of a larger CSS habitat area; it is not in the center where the loss of habitat would be more important. The habitat loss is incidental to otherwise lawful activities. The development of the Emerald Ridge West property is a legal development and all required permits will be obtained. Mitigation for impacts to the CSS habitat will be accomplished in the form of purchase of equal or better habitat credits at an off-site location. This mitigation area has been identified as the Carlsbad Highlands Mitigation Bank site which has previously been accepted by the California Department of Fish and Game and the United States Fish and Wildlife Service. Noise and Light ImDacts to Gnatcatchers: Since coastal California gnatcatchers are known to occur in the area to the east and north of the property per the biological surveys, there may be an indirect impact to the gnatcatcher from the project's lights. These impacts can be avoided by directing construction and project lighting away from the native habitats. The development wlll be conditioned to prohibit any flood lights from projecting into native habitat areas. In addition, possible construction noise impacts to breeding gnatcatchers should be avoided, therefore, the project shall be conditioned to prohibit heavy construction adjacent to CSS and chaparral habitat areas during the breeding season (March 1 to July 31). Future Hidden Valley Road hmcts: An offsite access requirement for this project includes the construction of future Hidden Valley Road from Camino de las Ondas to Palomar Airport Road. The Initial Study and adopted Mitigated Negative Declaration for the Sarnbi Project - (CT 92-02), identified significant biological impacts associated with the construction of the northern segment of Hidden Valley Road from Poinsettia Community Park north to Palomar Airport Road. As part of the Sambi project a prehhry biological mitigation program was also adopted to reduce significant biological impacts associated with the midway. As of the date of preparation of this Initial Study all required Local, State, and Fcdd permits have been obtained for the construction of Hidden Valley Road. Since CT 94-1 1 (Mar Vista) is dependeat an this offsite roadway for access, compliance with all approved biological mitigation as part of all local aad 1#0urct agency permits will become a condition of approval for this project. If the developer constructs ths dway as part of this project, then that developer must comply with the terms and conditions of the applicable pumits, 17 Rev. 3m95 The relatively level porticm of the site are currently being utilized for agricultural purposes. The site's soil (Marina Loamy Coarse Sand & chestemon Fie sandy Loam (CfB)) is not considered prime, Class I or 11, agricultural soil. The site is located in the Coastal Agricultural Overlay Zone (Site n) of the Mello II Segment of the Local Coastal Program. Section 3.0 of Final EIR 90-03 evaluated impacts created by the conversion of agricultural land use to urban land use in the overlay zone. The EIR concluded that the cumulative loss of agricultural land could be offset with the mitigation measures established and required by Mello II Segment of the LCP, therefore, the appropriate condition will be added to the project - (Section 3.1.3, Page III-20, EIR 90-03). HUMAN ENVIRONMENT: Planned Land Use And Density: The project would not alter the planned land use of the site and is consistent with the Residential Medium (RM) land use designation and density established by the Land Use Element of the City's General Plan. The RM designation allows up to 8 dwelling units per net acre with a Growth Control Point of 6 dwelling units per net acre. The project's proposed density is 3.01 dwelling units per net acre. Hazardous Substances: The site has been farmed and cultivated for a number of years and there may be a potential for signi!icant impacts to future residents from accumulations of hazardous chemicals in the soil. To evaluate this potential impact a Prelrrmnary Pesticide Residue Survey was prepared by Geo Soils Jnc., dated July 1994. The survey report indicates that very low levellminute concentrations of four pesticides (3); 4,4'-DDE, 4,4'-DDT, Aroclor- 1254 (PCBs), Dioxin (HpCDD, HxCDD, and OCDD) were detected in soil samples taken from the site. The report concluded that the pesticide levels in the random soil samples were sufficiently below regulatory levels to not wanant additional testing or assessment, therefore, the potential hazard is considered less than significant, and no further analysis is required. Prior to issuance of a grading permit for the project, per Final EIR 90-03 Section 3.9.3 , the pesticide swey report shall be reviewed and approved by the County Health Department. Section 3.9.2.3 of Final EIR 90-03 analyzed land use incornpatibiliti& cad by the ongoing use of agricultural chemicals and the future development of residential land uses. As phased development proceeds within the specific plan area, interface conflicts associated with pesticide spraying, inigation runoff, and odor impacts may arise between agricultural operations and residential uses To reduce such impacts to below a level of significance, the appropriate EIR recommdd mitigation measures will be made a condition of the project - (Section 3.9.3, Page III-103, Final EIR 903). Mitigation will include walls, drainage control, and a notification to all future residential land owners that this area is subject to dust, pesticide, and odors associated with adjacent agricultural operations. Lipht and Glare; The property is surrounded by open space to the cast and north, a future public park with several lighted sports fields to the south, and similar residentially zoned property to the west, therefore, the light generated from the vehicles, street lights, and homes in this single-family pmjcct will not signScantly impact the surrounding land Uses. 18 Rev. 3JL8/95 m Circulation; The project would incnsr# local tra!lic in the area, however, a Traffic Study prcpand far the project by WPA TMic Engineering, ItkcI, dated November 23, 1994, and a Traffic Impact Analysis conducted as part of the Zone 20 Specific Plan indicates that compliance with the circulation requirements of the Zone 20 Specific Plan (SP 2031, Final Program EIR 90-03, and the Local Facilities Management Plan for Zone 20 would mitigate any significant local traffic impacts - (Section 3.5, Page III-58, Final EIR 90.03). Fii EIR 90-03 for the Zone 20 Specific Plan (SP 203) evaluated circulation impacts, however, this discussion has now been supplemented by the Ciation Section 5.7 of Final Master EIR 93-01. Public Facilities: The project is located within the Zone 20 Local Facilities Management Plan. Public facility impacts and financing have been accounted for in this plan to accommodate the residential development. The residential land use would be consistent with the General Plan, therefore, the project would not significantly impact public facilities and planned land uses. In addition, a condition will be added to the project to require that the developer enter into an agreement with the appropriate school district to ensure that there are adequate school facilities available to serve the residential subdivision - (Section 3.11, Page Ill-112, Final EIR 90-03). Noise: Section 3.8 of Final EIR 90.03 evaluated potential noise impacts for fume projects located in Specific Plan 203 and recommended that noise studies be prepared for projects impacted by traffic and airport noise. A portion of the site is located within the 60 to 65 dBA CNEL contour, therefore, noise from existing Palomar Airport Road, heo Del Norte, and the airport would create a potential impact on the homes in this project. In the Comprehensive McClellan-Palomar Airport Land Use Plan, residential development is considered conditionally compatible within the 60 to 65 CNEL contour area. A Noise Technical Report was prepared for the project by Pacific Noise Control, dated May 1995. Noise levels on the project site will not exceed the Noise Element's exterior Mic noise standard of 60 CNEL. Prior to approval of the Site Development Plan for siting of single- family homes on the lots, additional interior noise analysis will be required for the project. If interior noise levels in the homes exceed the interior noise standard of 45 CNEL, mitigation measures are required to reduce the noise levels to the adopted standard. The project will be conditioned to comply with all the appropriate mitigation recommendations of Section 3.8.3 of Final EIR 90.03 and the recommendations of the projed's noise report, including but not limited to interim noise mitigation, if applicable, and legal notification of potential airport noise impacts to future land owners. Visual Aesthetics; Section 3.13 of Final EIR 9043 analyzed potentially visual impacts created by development within Specific Plan 203, including this propaty. It was determined that visual impacts to the Palomar Airport Road Viewshed (Vantage Point 7, Figure 3.164) could be potentially significant. To reduce these potential imp& to below a level significance the EIR recommended mitigation measuns, including additional visual analysis - (Section 3.13.3, Page m49, Final EIR 90-03). The proposed project is a residential lot subdivision, and at this point in time, no residential structures are being planned. Due to the visual Sensitivity of the site from hlomar Airport Road and it's location adjacent to a future public park the propews mning contains the Qualified Development Overlay Zone. The Q-Overlay Zone requirement for a Site Development Plan will ensure that future development is consistent with the overlay zone. 19 Rev. 3/28/% This future SDP will evaluate visual impacts crea!cd by the building height, building facades, roof Lines, and colors of homes along the nmhern and e8stcm edge of the mesa. The SDP will also evaluate the placement of homes on the individual 1- in datimship to setbacks, and the visual street scene fiom internal public streets. As part of the development of futpn homes on the site, the project will be conditioned to require additional visual analysis. This analysis shall at a minimum, of computerenhanced photo modifications showing development conditions proposed by the project. MANDATORY FINDINGS OF SIGNFICANCE; As discussed in the Biological Section of this EM, the implementation of sewer alignment "B" will impact riparian resources and the construction of a local public access road and grading of the site will impact .12 acres of coastal sage scrub habitat. However, mitigation measures included as part of this EIA and the project will adequately mitigate impacts to biological resources. The implementation of projects that are consistent with the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to ammmdate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all Ereeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the Citfs adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master ElR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorpofated into the design of the project or are included as conditions of project approval. Local traffk impacts for this project can be mitigated below a level of significance, but regional related impacts are still considered cumulatively sisnificant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "YES - significant". This project is not required to prepare an ElR because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding considerations" for circulation impacts. This "Statement Of Overriding considtraton" applies to all subsequent projects covered by the Master EIR, including residential projects in Specific Plan 203, therefore, no further environmental review of circulation impacts is required. As previously discussed within this document, this project will not create environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Alternatives; Project alternatives are required when there is evidence that the project will have a significant adverse impact on the environment and an alternative would lessen or mitigate those adverse impacts Public Resources Code Section 21002 forbids the approval of projects with significant adverse impacts when feasible alternatives or mitigation measures can substantially lessen such impacts. A "signifhnt effect" is delined as one which has a substantial 20 Rev. 3tZ8ps adverse impact. Given the anached mitigation conditions, this project has "NO" sisnificant physical environmental impacts, therefore, them is no substantial adverse impact and no justification for requiring a discussion of alternatives, (an altedve would not lessen an impact if there is no substantial adverse impact). Sources; 1. 2. 3. 4. 5. 6. 7. 8. 9. Brian Mooney Associates, Biological Survey and Report for Emerald Ridge - West, August 1995; Final EIR 9043 - Zone 20 Specific Plan, Gallegos & Associates, Historical/Archaeological Survey of the Kelly Property (Now referred to as Emerald Ridge - West) and Test of Site CA-SDI-9607 (W-l15), September 1994; GeoSoils, Inc., Preliminary Pesticide Residue Survey, Kelly Property, July 25, 1994; GeoSoils, Inc., Preliminary Geotechnical Assessment, Kelly Property, September 6, 1994; MER - 1994 Update Date of the Carlsbad General Plan; Pacific Noise Control, Noise Assessment, dated May 24, 1995; RECON Biological Surveys and Coastal California Gnatcatcher Surveys for the McReynolds hpaty, January 13, 1995; RECON Updated Biological Surveys and Coastal California Gnatcatcher Surveys for the McReynolds Property, June 20, 1995; 10. WPA Traffic Engineering, Inc., Traffic Study for the Kelly Property, November 23, 1994. LIST MITIGATING MEASURES IIF APPLICABLE) 1. SewerlStormdram ' Alternative "B' - Implementation of Alternative 'B' as it crosses Encinas Creek, would impact .02 acres of riparian vegetatioa Mitigation for this impact will require the replacement of this riparian vegetation at a 3:l ratio so there is no 'net loss' of habitat, and if fmible, the sewer line should be tunnekd urrder EDcinaJ Creek to avoid impacts to the streambed and Surrounaing wetlands, All riparian rrnrrhpacted along the proposed sewer/stormdrain alignment shall be replanwenhaneed Prior to the issumce of a hd map or grading permits, whichever occurs 6rst, the developer shall be required to: coamlt wi&b the California Department of Fish and Game, Army Corps of Engineers, and the U.S. Fish ad WWe SeRiCe regarding speciilc permits and mitigation for impacts to .02 acres of riparian vegetation OR SewerlStormdrain Alternative 'A' - Implementation of Altemah 'AA' crosses Encinas Creek. Prior to the issuance of a final map or grading permits, whichever occurs ilrst, the devebper shall obtain a Streambed Alteration Agreement hm the CaMoornia F'ish and Game Department, ifrequired for any proposed alterations to exhting natural watercoursq d shall comply with any and all permit 21 Rev. 3/38/95 quirementr asm&ted herewith, pursuant to Section 1601fl6Q3 of the F'ish and Game Code. The developer, in eoajpndioa with the Department of the Army Corp of Engineen shall determine whether a 404 permit sbrg k r#Iuired for alterations to wetlaad areas. 2. -12 acres of coastal sygc scrub (CSS) habitat wiU be dhctly impacted by this project. Tbe impacted CSS habitat is mgarded as disturbed habitat (0.05 acres) and medium to high quality babitat (0.07). Pursuant to the Interim Take provisions of tbe 4d Rule for the California gnatcatcher, the project shall be required to mitigate this loss of .12 acres of CSS by acquiring, for preservation, comparable quty babitat at a 1:l ratio for tbe disturbed CSS and 2:l for the higher quality CSS. Tbe developer proposes to mitigate this impact by purchasing, for preservation, .19 acres of CSS habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank This proposal shall require the approval of the U.S. Fish and Wildlife Service (USFWS), and the California Department of Fish and Game. Prior to the issuance of grading permits, the project applicant shall be required to consult with and obtain necessary "take" permits from the USFWS, the California Department of Fish and Game for impacts to the loss of .12 acres of CSS. 3. The CC&Rs for the project shall include a requirement, stating that flood lights from the development shall not projecvshine into the native habitat areas 4. Heavy construction adjacent to coastal sage scrub and chaparral habitat areas along the east and north side of the site during the California gnatcatcher breeding season (March 1 to July 31) shall be prohibited. ATI'ACH MITIGATION MONITORING PROGRAM IIF APPLICABLE) See Attached Sheet 22 Rev. 3/Lsp5 THIS IS TO CEKKFY THAT I HAW REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURE8 TO THE PROJ". 23 Rev. WW - - ENVIRONMENTAL MITIGATION MONITORING CHECKLIST Page 1 of 1 * M 0 a 0 a * 04 .I 3 ." 9 E .-. .! li &I a I I 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 PLANNING COMMISSION RESOLUTION NO. 3880 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 56.3 ACRE PARCEL INTO SIXTY-ONE SINGLE-FAMILY LOTS WITH A MINIMUM LOT SIZE OF 7,500 SQUARE FEET, ONE 8.3 ACRE OPEN SPACE LOT, A 27.4 ACRE REMAINDER PARCEL,, AND ALLOW NINE GENERALLY LOCATED NORTH OF CAMINO DE LAS ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: EMERALD RIDGE WEST CASE NO: CT' 95-03 SECOND-DWELLING UNITS, ALL ON PROPERTY WHEREAS, MSP California LLC has filed a verified application for certain property to wit: All that certain parcel of land delineated and designated as "Description No. 1,103.91 Acres" on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19,1960, being a portion of Lot G of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carlsbad, all being in the County of San Diego, State of California. Excepting therefrom that portion lying within Parcels "A", "B", "C" and 'ID" of Parcel No. 2993 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 23,1974 as File No. 74-230326 of Offcial Records. with the City of Carlsbad which has been referred to the Planning Commission; and .- WHEREAS, said verified application constitutes a request for a Tentative Map to subdivide a 563 acre parcel into sixty-one single-family lots with a minimum lot size of 7,5500 square feet, one 83 acre open space lot, a 27.4 acre remainder parcel, and allow nine second-dwelling units as shown on Exhibits "A-M", dated January 17, 1996, on file in the Planning Department and incorporated by this reference ("Tentative Map for Emerald Ridge West" CT 95-03) as provided by Chapter 20.12 of the Carlsbad Municipal Code; and ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did on the 17th day of January, 1996, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Carlsbad Tract CT 95-03, based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Mitigated Negative Declaration for the Emerald Ridge West project, the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring and Reporting Program, on file in the Planning Department, prior to recommending approval of the project. Based on the EL4 Part-I1 and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and hereby recommends approval of the Mitigated Negative Declaration. 2. The Planning Commission does hereby find that the Mitigated Negative Declaration for the Emerald Ridge West project and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Ewironmental Quality Act, the State Guidelines, and the Environmental Protection Procedures of the City of Carlsbad. 3. The Planning Commission finds that the Mitigated Negative Declaration for the Emerald Ridge West project reflects the independent judgment of the Planning Commission of the City of Carlsbad. 4. The Planning Commission finds that the project, as conditioned herein for CT 95-03 is in conformance with the Elements of the City's General Plan, based on the following: a. The project is consistent with the City's General Plan since the proposed density of 3.01 dus/acre is less than the density range of 4 to 8 dudacre PCRESONO. 3880 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 b. C. d. e. specified for the site as indicated on the Land Use Element of the General Plan, and is below the growth control point of 6 duslacre. Circulation - The local streets serving the project have 56 to 60 feet of public right-of-way, and connect to Hidden Valley Road which is a non-loaded collector street. All the local, collector, and major streets within this area would be constructed to full public street width standards, and have curb, gutters, sidewalks, and underground utilities. The proposed street system is adequate to handle the project’s pedestrian and vehicular traffic and accommodate emergency vehicles. Noise - A noise study was completed for the project, and traffic noise from Palomar Airport Road does not exceed 60 dBA CNEL. The developer is required to mitigate interior noise levels of the future homes to 45 dBA CNEL. The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance since the Developer is required to provide 10.764 affordable housing units and has been conditioned to enter into an Affordable Housing Agreement to either: (1) construct 9 second dwelling units and deed restrict 1 three-bedroom home; or (2) construct 9 second dwelling units and purchase 1 Affordable Housing Credit from Villa Loma subject to the requirements of City Council Policy No. 57 and 58 and final approval by the City Council. The remaining .754 fraction of an inclusionary dwelling unit will be satisfied through the payment of a fee equal to the fraction (.764) times the average subsidy needed to make affordable to a lower-income household, one newly constructed typical housing unit. Open Space and Conservation - The project is designed to avoid the steep slopes surrounding the mesa and riparian drainage area in the eastern finger canyon. This area will be placed under an 83 acre open space easement to the Homeowners Association. This 83 acre open space lot would connect with the open space to the north along Encinas Creek. City Wide Trail Link No. 29 would be aligned to the east along the bluff and slope to minimize gnatcatcher, coastal sage, and riparian impacts in the eastern finger canyon. Native habitat impacts have been reduced or mitigated by the design of the project, in that project grading and the Cherry Blossom Road alignment is the most sensitive in terms of habitat and slope impact as follows: 1) The 0.12 acre take area is located outside of any Preserve Planning Areas (PPAs); 2) The habitat loss will not preclude co~ectivity between areas of high habitat values since this area is not included as a part of a Linkage Planning Area (LPA); PCRESONO. 3880 -3- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 3) 4) 5) 6) . The habitat loss will not preclude or prevent the preparation of the Carlsbad Habitat Management Plan in that the area is not a part of a Linkage Planning Area, makes no contribution to the overall preserve system and will not significantly impact the use of habitat patches as archipelago or stepping stones to surrounding PPAs. Mitigation for the loss of the 0.12 acres of Coastal Sage Scrub (CSS) will be in the form of the acquisition of .19 acres of high quality CSS habitat credits from the Carlsbad Highland Mitigation Bank. The loss of habitat on the MSP California LLC property will not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher; The habitat loss is located in a disturbed area that is directly adjacent to Hidden Valley Road and the Poinsettia Community Park, therefore, large blocks of habitat will not be lost and fragmentation will not occur, and; The habitat area being impacted is at the periphery of a larger CSS habitat area; it is not in the center where the loss of habitat would be more important. f. Parks and Recreation - The project is required to pay park-in-lieu fees. g. Public Safety - The proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions of approval. 5. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a. The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot OCCUT within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. Prior to final map approval the developer is conditioned to enter into an agreement with the appropriate school district to ensure that adequate school facilities are available to serve the project. c. Park-in-lieu fees are required. PCRESONO. 3880 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 6. 7. 8. 9. 10. 11. d. All necessary public improvements have been provided or are required as conditions of approval. e. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April, 1994 in that the develowr is conditioned to record a notice concerning aircraft noise and an avieation easement. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that residential development is conditionally compatible within the 60 to 65 CNEL and the project has been conditioned to mitigate interior noise levels to 45 dBA CNEL. That the project is consistent with the City's Landscape Manual, adopted by City Council Resolution No. 90-384. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions of approval. The local streets have adequate public right-of-way and connect to Hidden Valley Road which is a non-loaded collector street. All the local, collector, and major streets within this area would be constructed to full public street width standards, and have curb, gutters, sidewalks, and underground utilities. The proposed street system is adequate to handle the project's pedestrian and vehicular traffic and accommodate emergency vehicles. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development less than 4 to 8 dudacre in the General Plan, in that the proposed residential land use is buffered from the park, compatible with the residentially designated property to the west; and PCRESONO. 3880 -5- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 12. 13. 14. 15. 16. 17. 18. consistent with the CLUP. Public street improvements would be provided to accommodate traffic generated by the project. A local street would separate the residential lots from the community park, and the residential land use is compatible with the RM residential land use designation on the property located directly west. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the residential development complies with all city policies and standards, including zoning, without the need for variances from development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and structured such that there are no conflicts with any established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the 7,500+ square foot lot sizes allow for a variety of building placement alternatives, including the adequate placement and separation of the homes, in combination with the proposed variety of future floor plans and the dominant western wind patterns/solar radiation patterns, will allow utilization of natural heating and cooling opportunities. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources; That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that all feasible mitigation measures or project alternatives identified in the Mitigated Negative Declaration and certified Final EIR 93103 which are appropriate to this project have been incorporated into the project and no significant impacts to fish, wildlife or their respective habitats will occur. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the drainage requirements of Specific Plan 203, City ordinances, and Mello II have been considered and appropriate drainage facilities have been designed and secured. In addition to City Engineering Standards and compliance with the City's Master Drainage Plan, National Pollution Discharge Elimination System (NPDES) standards will be satisfied to prevent any discharge violations. PCRESONO. 3880 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 19. 20. 21. 22. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that steep slopes to the north and the east, and a property line to the west both created an isolated area of buildable land that is not feasible to access with a full width public street. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that the lots are located between two cul-de-sac bulbs and are bordered by the western subdivision property line. That the buildable portion of the panhandle lot consists of a minimum of 8,000 sq. feet, which meets the requirements of Section 21.10.080(d)(l) of the Carlsbad Municipal Code; Planninn Conditions: 1. The Planning Commission does hereby recommend approval of the Tentative Map forThe CT 95-03 project entitled "Emerald Ridge West". (Exhibit "A" - "M on file in the Planning Department and incorporated by this reference, dated January 17, 1996), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the exhibitdor documents, as necessary to make them internally consistent and conform to City Council's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. Maps and Exhibits: 3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map as approved by the final decision making body. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 4. The Developer shall provide the Planning Director with a 500' scale mylar of the subdivision prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the Project. PCRESONO. 3880 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolutiodresolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Facilities & Services: 6. 7. 8. 9. 10. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the subdivider's agreement to pay the public facilities fee dated May 26, 1995, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. The final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. A note to this effect shall be placed on the final map. Prior to approval of a final map or the issuance/approval of a building permit, which ever occurs first, 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 financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City's Growth Management Plan including City Council Policy Statement 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 financing district. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. General Conditions: 11. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PCRESONO. 3880 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. Approval of CT 95-03 is granted subject to the approval of the Mitigated Negative Declaration, LCPA 94-04, ZC 94-04, SDP 95-06, and HDP 95-06. C" 95-03 is subject to all conditions contained in Planning Commission Resolution Nos. 3873, 3874, 3879,3881, and 3882. The Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall include provisions specifying Homeowner's Association maintenance responsibility for all natural open space (Lot 62), slope maintenance and landscape easements (Lots 1-17, and 22-23), as shown on the approved Tentative Map and landscape plan which is on file in the Planning Department, or as conditioned by this resolution. Prior to approval of the final map the Developer shall establish slope maintenance and landscape easements along the rear yard slopes facing Palomar Airport Road and Hidden Valley Road, including Lots 1-17, and,23. Prior to approval of the final map the developer shall dedicate Open Space Lot No. 62 to the Homeowner's Association and dedicate a perpetual open space easement over Open Space Lot No. 62 to the City of Carlsbad. Removal of native vegetation and development of Open Space Lot No. 62, including but not limited to fences, walls, decks, storage buildings, pools, spas, stainvays, and landscaping, other than that approved as part of the tentative map for the sewer line and drainage facilities as shown on Exhibit T", is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arbonstbotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Prior to approval of a final map the Developer shall establish an open space easement, as shown on the Tentative Map, and deed restriction along the rear of Lots 1 thru 23 for purposes of native habitat protection and fire suppression as shown on the tentative map. No development shall be permitted in this buffedopen space easement, including; future regrading of the building pad and manufactured slopes, the construction of habitable and non-habitable accessory structures, patio covers, pool rooms, solanums, and second-story decks and balconies, wooden decks and spas 42 inches above grade, and any other structures that require a building permit. Screen wallslfences, landscaping in accordance with the approved fire suppression plan for the project, hardscape features such as brick or cement walkways and patios, pool equipment, and grade level pools and spas shall be permitted. In addition, the CC&Rs for the project shall stipulate the above mentioned restrictions. PCRESONO. 3880 -9- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 18. 19. 20. 21. 22. 23. 24. 25. .... Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative map within Open Space Lot No. 62. If the City of Carlsbad accepts dedication of the trail easement the City shall assume responsibility for maintenance and liability. If the City of Carlsbad does not accept liability and maintenance responsibility for the Citywide Trail System, prior to recordation of the final map, the Developer will not be required to construct the trail(s). Prior to approval of the final map or issuance of building permits, whichever occurs first, the developer shall not@, to the satisfaction of the Planning Director and City Attorney, all owners, users and tenants of this project that a community park site is located adjacent to this project to the south. The Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. Prior to issuance of any building permits for the project the Developer shall receive approval of a Site Development Plan (SDP) by the Planning Commission in accordance with Chapter 21.06 of the Carlsbad Municipal Code. The single-family homes within this tentative map shall be developed consistent with the project’s approved SDP. Unless otherwise approved through the future Site Development Plan process, the lots shall not be sold for the purpose of developing individual custom homes on each separate lot. The applicant shall submit a wall and fencing plan subject to Planning Director approval prior to issuance of building.permits. Prior to occupancy of Lot Nos. 1 thru 12 the developer shall construct a 6 foot high solid screen wall/fence along the top of the berm that separates the City Wide Trail from the residential building pads. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or be consistent with the basic architectural theme of the project. The Developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. PCRESONO. 3880 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 27. 28. 29. 30. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and. grading plans. Prior to approval of the landscape and irrigation plans, the plans shall show all manufactured off-site slopes created by this project, landscaped to the satisfaction of the Planning Director, and shall include at a minimum, landscaping to control erosion and to provide visual screening of the slopes. All building pad and street areas that are graded and remain vacant or undeveloped for a period of more than 6 months after the grading operation is completed shall be seeded and adequately irrigated to reduce erosion and visual impacts. If grading is phased, the six month time period shall start at the completion of each individual grading phase, subject to the review and approval of the Planning Director. All landscaping shall comply with the Landscape Requirements of Specific Plan 203. Contingency Permits/Other Agencies: 31. Prior to approval of the Final Map, the Developer shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to CT 95-03 shall be required. 32. Prior to approval of the final map, the Developer shall be required: (1) to consult with the United States Fish and Wildlife Service (USWS) regarding the impact of the project on the Coastal California Gnatcatcher and Coastal Sage Scrub Habitat; and, 2) obtain any permits required by the USWFS. Environmental: 33. The Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in the Final EIR 90-03 that are found by this resolution to be feasible. 34. The Developer shall implement, or cause the implementation of the Final EIR and Mitigated Negative Declaration’s Mitigation Monitoring and Reporting Program. PCRESONO. 3880 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 35. 36. 37. 38. 39. 1 Paleontology: a. b. C. d. e. Prior to any grading of tAe project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. Prior to the recordation of the first final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor in a form meeting the approval of the Planning Director and City Attorney. Prior to the recordation of the first final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight, and sound of aircraft operating from McClellan-Palomar Airport in a form meeting the approval of the Planning Director and the City Attorney. Prior to issuance of building permits, the Developer shall record an Avigation Easement for all lots located within the 60 to 65 CNEL contour, including Lots 13 thm 35 to the County of San Diego and file a copy of the recorded document with the Planning Director. The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director. PCRESONO. 3880 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. 42. Prior to issuance of a building permit the developer shall mitigate the interior noise levels of the homes to 45 dBA CNEL, in accordance with the policies of the Noise Element of the General Plan and the recommendation of the project's noise study prepared by Pacific Noise Control, dated May 24, 1994, and on file in the Planning Department. If openings to the exterior of the homes are required to be closed to meet the interior noise standard then mechanical ventilation shall be provided. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II hl Coastal Program, the applicant shall provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $lO,OOO for each net converted acre of non-prime agricultural land. The amount of the fee shall be determined by the City Council prior to approval of the final map and shall be consistent with the provisions of Carlsbad's LCP. Compliance with APCD Rules 51 (The "Nuisance" Rule), 52 (Particulate Matter), and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust impacts generated during grading operations. A note shall be placed on the grading permit stipulating that the following measures shall be required to achieve compliance with these rules, and reduce construction-related air pollutants: a. b. C. d. e. f. g* The watering of all surfaces being graded and haul mutes shall be required during dry weather conditions. All unpaved areas shall be revegetated according to approved landscape plans as soon as possible after grading. All construction-related traffic shall be restricted to routes that are dust-controlled, and reduced speed limits shall be maintained for all haul and construction vehicles. All construction activities shall be limited during periods of high winds. All heavy-duty, diesel-powered construction equipment shall be operated according to manufacturers suggested operating instruction (with the fuel-injection timing retarded to recommended levels for NO, emissions, but which would not result in excessive visible smoke emissions) in order to control pollutant emissions. Construction equipment shall be subject to regularly scheduled maintenancdtune-ups, and be turned off when not being utilized to avoid excessive idling emissions. The application of architectural coating and cut-back asphalt shall adhere to APCD Rules 67.0 and 67.7, to effectively control other construction-related emissions of air pollutants. PCRESONO. 3880 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43. 44. 45. 46. 47. 48. 49. 50. la. The Engineering Department shall monitor for compliance during all grading operations of the project. The Homeowners Association shall obtain and distribute to owners and tenants annual information from Caltrans and North County Transit regarding the availability of public transportation, ride-sharing, and transportation pooling services in the area. This information shall also be provided in the sales office of the project. A condition so stating this shall also be placed in the CC&Rs for the project. Prior to occupancy of individual units a solid wall or fence, and landscaped windbreaks shall be installed along the perimeter of any future developable area that abuts property under "open field" cultivation, in order to reduce public nuisance effects of adjacent pesticide spraying and dust generation from faim vehicles and operations. Prior to approval of a final map or issuance of a building permit, which ever occurs first, an infrastructure improvement plan shall be submitted to the Planning and Engineering Departments for review and approval by the Planning Director and City Engineer. This plan shall illustrate the temporary road connections required to maintain continued access to adjacent agricultural properties that could be impacted by future roadway improvements. Drainage water from buildings, streets, parking lots, and landscaped areas within the project shall be disposed of through stormdrains or othelwise in a manner that will avoid any runoff onto agricultural areas whether planted or fallow. All runoff agricultural and urban shall conform with the National Pollution Discharge and Elimination System Permit requirements pursuant to San Diego Regional Water Quality Control Board Order No. 90-42, adopted by City Council Resolution No. 90- 235. Prior to issuance of a building permit the project shall comply with the City of Carlsbad's standards for solid waste management. Prior to approval of the final map or issuance of building permits, whichever occurs ht, the applicant shall notify, to the satisfaction of the Planning Director and City Attorney, all owners, users and tenants of this project that this area is subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the owners, users, and tenants occupy this area at their on risk. All grading shall comply with the recommendations incorporated by Geosoils, Inc in the preliminary geotechnical assessment of the site! dated September 6,1994 and any amendments or updates of the report, that is on file in the Planning Department. Prior to approval of a final map, improvement plans shall be submitted to the Engineering Department showing locations and sizing of reclaimed and or urban runoff diversion facilities, in accordance with the Carlsbad Municipal Water District PCRESONO. 3880 -14- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 requirements and the phasing schedule provided in the Zone 20 LFMP. Reclaimed water facilities shall be constructed in all major roadways within the project. 51. Prior to approval of the Site Development Plan for the project, as required by Chapter 21.06 of the Carlsbad Municipal Code, a visual analysis of the project shall be conducted by the Developer. This analysis shall consist, at a minimum, of computer-enhanced photo-modifications showing development conditions proposed by the development of homes as viewed from Palomar Airport Road. The purpose! of this analysis is to determine the specific visual impacts that the proposed project could have on the Palomar Airport Road Viewshed. If the Planning Director determines, based on future visual analysis, that there is a potentially significant visual impact created by the construction of homes, mitigation to reduce this impact shall be consistent with Section 3.133 of Final EIR 90-03 and may include, but not be limited to, the following measures: (1) reduced building height along the top of the bluff; (2) varying rooflines and roof massing, (3) enhanced rear building elevations that are visible from Palomar Airport Road; (4) increased landscape screening; (5) earth tone roof and building wall material and colors; and (6) increased building separation. Housing: 52. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 9 lots for second dwelling units (including: Lots 2, 7, 13, 19, 24, 31,36,42, 52) and one three-bedroom home as appropriate, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director not later than thirty (30) after the final map submittal. The recorded Mordable Housing Agreement shall be binding on all future owners and successors in interest; OR Prior to approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the developer shall enter into an agreement with the City to deed restrict 9 second dwelling units (including: Lot 2,7,13,19,24,31,36,42, and 52) and the purchase of 1 Affordable Housing Credit in Villa Loma, as appropriate, in accordance with the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code, the Zone 20 Specific Plan, and City Council Policies 57 and 58 dated September 12, 1985. Prior to City Council approval, the developer shall submit a signed Affordable Housing Agreement to the Housing and Redevelopment Director. The recorded Afltordable Housing Agreement shall be binding on all future owners and successors in interest; OR Upon showing by the developer that an onsite contribution is not appropriate for the project, a second inclusionary housing option available to the developer shall be that prior to final map approval, the developer shall enter into an agreement with the PCRESONO. 3880 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 54. City to purchase affordable credits from Villa Loma or participate in an offsite combined inclusionary project within the southwest quadrant and as appropriate, in accordance with the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code, the Zone 20 Specific Plan, and City Council Policies 57 and 58 dated September 12, 1985. Prior to City Council approval, the developer shall submit a signed Affordable Housing Agreement to the Housing and Redevelopment Director. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Prior to City review and approval of the offsite option, the approval of a Specific Plan amendment to SP 203 shall be required to designate the proposed offsite combined inclusionary project as an approved location for the provision of affordable units to satisfy the inclusionary requirements of Zone 20 properties. The Developer shall construct the required inclusionary units concurrent with the project's market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Endneering Conditions: Note: Unless specifically stated in the condition, all of the following engineering conditions, upon the approval of this proposed major subdivision, must be met prior to approval of a final map. 55. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement in the project's CC&b "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance comdor in accordance with City Standard Public Street-Design Criteria, Section 8.B3. The underlying property owner shall maintain this condition." The above statement shall be placed on a non-mapping data sheet on the final map. 56. Drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided, shall be designed and incorporated into the grading/improvement plans for the project. These end treatments shall be designed so as to prevent vegetation growth bm obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed riprap, or other means deemed appropriate, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Community Selvices Director and the City Engineer. PCRESONO. 3880 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 57. 58. This project is approved specifically as 1 (single) unit for recordation. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. FeedAgreemen ts 59. 60. 61. 62. 63. A funding mechanism for the full improvements for Poinsettia Lane and Alga Road must be approved or fees paid, in conformance with the updated Zone 20 Local Facilities Management Plan funding program. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. The developer shall pay all current fees and deposits required. The developer shall construct desiltatioddetentiodurban pollutant basin(s) of a type and a size and at location(s) as shown on the Tentative Map and as approved by the City Engineer. The applicant shall enter into a basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or final map whichever occurs first for this project. Each basin shall be serviced by an all-weather access/maintenance road. The owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. Grading: 64. The developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 65. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the applicant is unable to obtain the grading or slope easement, no grading permit will be issued. In that case the applicant must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. 66. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. The developer must submit and receive approval for grading plans in accordance with City codes and PCRESONO. 3880 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 67. 68. 69. standards. Prior to hauling dirt or construction ma :rials to or from the site, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in : I i Additional drainage easements may be required. Drainage structures shall be ' accordance with the Carlsbad Municipal Code and the City Engineer. nrnvirfed nr inctslld nrinr tn nr rnnriirrent with anv urarlino nt hiiilrfino nermit ac ' .- may be required by the City Engineer. DedicatiodImprovements: 70. 71. .... The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. j The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best 1 management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. The plans shall include, but not be limited to the following, which : 1 shall be included in the project's CC&Rs: I ! ! a. The homeowner's association shall coordinate the use of the City's established program to assist residents with the removal and proper disposal of toxic and hazardous waste products. 1 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County, and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. PCRESONO. 3880 -18- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 72. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: a. Note: b-1. b-2. Hidden Valley Road full width improvements (68’ Right of way/48’ Curb to curb width) from Calle Serena (formerly Cherry Blossom Road) to Palomar Airport Road, including: 0 Asphalt/Concrete Pavement. 0 Concrete Curb and Gutter. 0 0 0 0 Concrete Sidewalk on one (1) side. Street Light Standards on both sides. Traffrc Signal at Palomar Airport Road and Hidden Valley Road. RetrofiVOpen Existing Raised Median in Palomar Airport Road. Hidden Valley Road secondary access width improvements (68’ Right of way/28’ Berm to berm width) from Calle Serena (formerly Cherry Blossom Road) to Camino De Los Ondas, including: 0 Asp ha1 t/Concre te Pavement. 0 Asphalt/Concrete Berms. The City will enter into an agreement with the developer to obtain proportionate share reimbursement from benefitting property owners ‘to the north of Camino de Las Ondas and to the south of the project, for the Hidden Valley Road secondary access improvements. Calle Serena (formerly Cherry Blossom Road) full width improvements (60’ Right of way/W Curb to curb width) from Hidden Valley Road to the southwest comer of the property, including: 0 AsphaltlConcrete Pavement. 0 Concrete Curb and Gutter. 0 street Light standards. 0 Concrete Sidewalk on both sides. On-Site/Off-Site Calle Serena Asphalt/Concrete Transition. -OR- Calle Serena (formerly Cherry Blossom Road) secondarg access width improvements (72’ Right of way/52’ Curb to curb width) from Hidden Valley Road to “A“ Street, including: 0 Asphalt/Concrete Pavement. 0 Concrete Curb and Gutter. PCRESONO. 3880 -19- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 Note: C. d-1. d-2. ea Concrete Sidewalk on both sides. Street Light Standards. Roadway Improvement B-2 above will only be required if Poinsettia Park is not constructed prior to building permits being issued for Emerald Ridge West. If Poinsettia Park is constructed, prior to building permits being issued for Emerald Ridge West, then this widened roadway section will not be required (site specific secondary access will be gained through the park as indicated on the tentative map.) "A" Street full width improvements (60' Right of way/40' Curb to curb width) from Calle Serena to the northern terminus, including: e Asphalt/Concrete Pavement. e Concrete Curb and Gutter. e Street Light Standards. Concrete Sidewalk on both sides. "A" Street off-site, site specific secondary access improvements (30' Easementl28' Berm to berm width) from the westerly property line to the "A" Street /Calle Serena (Mar Vista) intersection, including: Asphalt/Concrete Pavement. AsphaWConcrete Berms. b On-Site/Off-Site "A" Street AsphaltlConcrete Transition. Calle Serena (Mar Vista) off-site, site specific secondary access improvements (30' Easementl28' Berm to berm width) from the "A" Street/Calle Serena (Mar Vista) intersection to the westerly property line (located at the southwest comer of the property), including: Asphalt/Concrete Pavement. b Asphalt/Concrete Berms. On-Site/Off-Site Calle Serena AsphaltKoncrete Transition. Sewer and Drainage Alternative "A" or as determined by the CMWD District Engineer and City Engineer. Note: Prior to approval of the final map the developer shall revise the map to eliminate Sewer/Stormdrain Alignment "B". A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. PCRESONO. 3880 -20- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Special Jhgheering Conditions: 73. 74. 75. 76. Tentative map easement items number‘s 7 and 14 shall not be vacated. These easements shall remain and this shall be indicated on the conforming tentative map. Preliminary Title Report (PR) (PR dated 3/22/95) Item No. 6 shall be shown on the conforming tentative map with the future disposition of the easement indicated. An Adjustment Plat shall be processed for the 37 acre “triangular” area located at the proposed detentioddesilting basin west of Hidden Valley Road. The developer shall enter into an “Agreement for Reimbursement of Costs for the Construction of Poinsettia Park Off-Site Sewer, CMWD Project No. 94-404” for a proportional share of the total construction cost. Water Conditions: 77. The entire potable water system., reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. 78. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 79. Sequentially, the Developers Engineer shall do the following: a. Meet with the City Fire Marshall and establish the fire protection requirements. Also obtain G.P.M. demand for domestic and irrigational needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (ie -GPM , c. - EDU). 80. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. PCRESONO. 3880 -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 81. 82. 83. 84. The Developer shall be required to participate in either: 1) the construction of a gravity sewer pipeline in Hidden Valley Road extending from Palomar Airport Road south to Cheny Blossom Road or 2) the construction of a gravity sewer pipeline in Calle Serene (Sewer Alignment "A), which is a future street proposed for the Mar Vista Tract CT 94-11. The Developer shall construct a 12" potable water line (375' H.G.) in Hidden Valley Road from Palomar Airport Road to Cherry Blossom Road. Also, a water analysis shall be required to establish the size of water lines in Cherry Blossom Road, Streets A, B and C. In any event, 8" diameter water lines will be minimum size installed. The Developer shall construct. a 12" reclaimed water line (384' H.G.) in Hidden Valley Road from Palomar Airport Road to Cheny Blossom Road and shall install reclaimed water lines deemed necessary after the colored use map is reviewed and needs established. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Fire Conditions: 85. 86. 87. 88. 89. 90. 91. .... Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. I Additional onsite public hydrants are required. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The I plan should include off-site fire hydrants within 200 feet of the project. I Applicant shall submit a site plan to depicting emergency of access routes, driveways i and traffic circulation for Fire Department approval. An all-weather unobstructed access road suitable for emergency service vehicles shall t be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons he may, in the interest of public safety, require that construction operations cease until the condition is corrected. I All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to final inspection, all security gate systems controlling vehicular access shall be equipped with "Knox", key operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. PCRESONO. 3880 -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 92. 93. 94. 95. 96. 97. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of Section 17.04.020, Carlsbad Municipal Code. Native vegetation which presents a fire hazard to structures shall be modified or removed in accordance with the City of Carlsbad Landscape Manual. Applicant shall submit a Fires Suppression plan to the Fire Department for approval. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprinkler systems and other fire protection systems shall be submitted to the Fire Department for approval prior to construction. An approved automatic fire sprinkler system shall be installed in buildings having an aggregate floor area exceeding 10,OOO square feet. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time; if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. PlanninP Code Reminders: Fees: 98. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 99. Final Map Notes: 100. The Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: "Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan land use designation. Development cannot PCRESONO. 3880 -23- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 101. 102. 103. exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is RM. The Growth Control Point for this designation is 6 dwelling units per nonconstrained acre. Parcels 1 thru 62 were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels 1 thru 62 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code." The following note shall be placed on the Final Map: "Prior to issuance of a building permit for any buildable lot within the subdivision, the Developer shall pay a one- time special development tax in accordance with the City Council Resolution No. 91- 39." Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provide herein. The Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. Landscape: 104. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Signs: 105. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. .... .... .... .... .... .... .... PCRESONO. 3880 -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carisbad, held on the 17th day of January, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST MICHAEL J. HOLZMILLER Planning Director PCRESONO. 3880 WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 PLANNING COMMISSION RESOLUTION NO. 3881 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN FOR 9 SECOND DWELLING UNITS WITHIN A 61 LOT SINGLE-FAMILY SUBDIVISION AND DEED RESTRICTION OF 1 THREE- BEDROOM HOME OR THE OPTION TO PURCHASE 1 AFFORDABLE HOUSING CREDIT IN VILLA LOMA SUBJECT TO CITY- COUNCIL APPROVAL, ALL TO SATISFY THE INCLUSIONARY HOUSING REQUIREMENTS OF CHAPTER 21.85 OF THE CARLSBAD MUMCIPAL CODE, ALL ON PROPERTY GENERALLY LOCATED NORTH OF CAMINO DE LAS ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: EMERALD RIDGE WEST CASE NO: SDP 95-06 WHEREAS, MSP California LLC has filed a verified application for certain property to wit: All that certain parcel of land delineated and designated as "Description No. 1,103.91 Acres" on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19,1960, being a portion of Lot G of Rancho Aqua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carlsbad, all being in the County of San Diego, State of California. Excepting therefrom that portion lying within Parcels "A", "B", "C" and "D" of Parcel No. 2993 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 23,1974 as File No. 74-230326 of Official Records. with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Site Development Plan to subdivide a 563 acre parcel into 61 single-family lots with a minimum lot size of 7,500 square feet, one 83 acre open space lot, a 27.4 acre remainder parcel, and allow 9 seconddwelling units as shown on Exhibits "A-M", dated January 17,1996, on file in the Planning Department and incorporated by this reference ("Site Development Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 for Emerald Ridge West" SDP 95-06) as provided by Chapter 2153 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of January, 1996, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SDP 95-06, based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein for SDP 95- 06 is in conformance with the Elements of the City's General Plan, based on the following: a. The project is consistent with the City's General Plan since the proposed density of 3.01 dudacre is less than the density range of 4 to 8 dudacre specified for the site as indicated on the Land Use Element of the General Plan, and is below the growth control point of 6 duslacre. b. Circulation - The local streets serving the project have 56 to 60 feet of public rightsf-way, and connect to Hidden Valley Road which is a non-loaded collector street. All the local, collector, and major streets within this area would be constructed to full public street width standards, and have curb, gutters, sidewalks, and underground utilities. The proposed street system is adequate to handle the project's pedestrian and vehicular traffic and accommodate emergency vehicles. c. Noise - A noise study was completed for the project, and traffic noise from Palomar Airport Road would not exceed 60 dBA CNEL. The developer is required to mitigate interior noise levels of the future homes to 45 dBA CNEL PC RES0 NO. 3881 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 d. The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance since the Developer is required to provide 10.764 affordable units and has been conditioned to enter into an Affordable Housing Agreement to either: (1) construct 9 second dwelling units and deed restrict 1 three-bedroom home; or (2) construct 9 second dwelling units and purchase 1 Mordable Housing Credit from Villa Loma subject to the requirements of City Council Policy No. 57 and 58 and final approval by the City Council. The remaining .764 fraction of an inclusionary dwelling unit will be satisfied through the payment of a fee equal to the fraction (.764) times the average subsidy needed to make affordable to a lower-income household, one newly constructed typical housing unit. e. Open Space and Conservation - The project is designed to avoid the steep slopes surrounding the mesa and riparian drainage area in the eastern finger canyon. This area will be placed under an 83 acre open space easement to the Homeowners Association. This 83 acre open space lot would connect with the open space to the north along Encinas Creek. City Wide Trail Link No. 29 would be aligned to the east along the bluff and slope to minimize gnatcatcher, coastal sage, and riparian impacts in the eastern finger canyon. Native habitat impacts have been reduced or mitigated by the design of the project, in that project grading and the Calle Serena (Cherry Blossom Road) alignment is the most sensitive in terms of habitat and slope impact as follows: i. ii. iii. iv. V. The 0.12 acre take area is located outside of any Preserve Planning Areas (PPAS); The habitat loss will not preclude connectivity between areas of high habitat values since this area is not included as a part of a Linkage Planning Area (LPA); The habitat loss will not preclude or prevent the preparation of the Carlsbad Habitat Management Plan in that the area is not a part of a Linkage Planning Area, makes no contribution to the overall preserve system and will not significantly impact the use of habitat patches as archipelago or stepping stones to surrounding PPAs. Mitigation for the loss of the 0.12 acres of Coastal Sage Scrub (CSS) will be in the form of acquisition of .19 acres of high quality CSS habitat credits from the Carlsbad Highland Mitigation Bank. The loss of habitat on the MSP California UC property will not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher; The habitat loss is located in a disturbed area that is directly adjacent to Hidden Valley Road and the Poinsettia Community Park, therefore, large blocks of habitat will not be lost and fragmentation will not occur, and; PC RES0 NO. 3881 -3- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 2. 3. 4. 5. 6. 7. 8. vi. The habitat area being impacted is at the periphery of a larger CSS habitat area; it is not in the center where the loss of habitat would be more important. f. Parks and Recreation - The project is required to pay park-in-lieu fees. g. Public Safety - The proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions of approval. That the site for the intended use is adequate in size and shape to accommodate the use, in that the lots are a minimum of 60 feet wide and the seconddwelling units would have exterior access, be incorporated into the second-story of the primary home, and utilize a portion of the three-car garage for parking. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained in that the second dwelling unit would be integrated into the primary dwelling units and meet all the development standards of the R-1-7500 Zone. The second dwelling unit is located above a new three car garage and does not exceed the 30 foot height limit. The total floor area of the second dwelling unit does not exceed 640 square feet. The second dwelling unit is architecturally compatible with the primary dwelling unit and retains the appearance of a single family dwelling within the project. Since the second dwelling unit complies with all of the applicable development standards of the R-1 zone, has been designed to appear as a single family residence when viewed from the street, and should generate very little additional traffic, it will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The second dwelling unit has a separate entrance. Plannirw co nditions: 1. The Planning Commission does hereby recommend approval of the Site Development Pian for the SDP 95-06 project entitled "Emerald Ridge West". (Exhibit "A" - I'M" on file in the Planning Department and incorporated by this reference, dated January 17,1996), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the exhibitdor documents, as necessary to make them internally consistent and conform to City Council's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this PC RES0 NO. 3881 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 approval. 2. Approval of SDP 95-06 is granted subject to the approval of the Mitigated Negative Declaration, LCPA 94-04, ZC 94-04, CT 95-03, and HDP 95-06. SDP 95-06 is subject to all conditions contained in Planning Commission Resolution Nos. 3873, 3874, 3879,3880, and 3882. 3. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 9 lots for second dwelling units (including: Lots 2, 7, 13, 19, 24, 31,36,42, 52) and one three-bedroom home as appropriate, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director not later than thirty (30) after the final map submittal. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest; OR Prior to approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the developer shall enter into an agreement with the City to deed restrict 9 second dwelling units (including: Lot 2,7, 13, 19, 24, 31,36,42, and 52) and the purchase of 1 Affordable Housing Credit in Villa Loma, as appropriate, in accordance with the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code, the Zone 20 Specific Plan, and City Council Policies 57 and 58 dated September 12, 1985. Prior to City Council approval, the developer shall submit a signed Affordable Housing Agreement to the Housing and Redevelopment Director. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest; OR Upon showing by the developer that an onsite contribution is not appropriate for the project, a second inclusionary housing option available to the developer shall be that prior to final map approval, the developer shall enter into an agreement with the City to purchase affordable credits from Villa Loma or participate in an offsite combined inclusionary project within the southwest quadrant and as appropriate, in accordance with the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code, the Zone 20 Specific Plan, and City Council Policies 57 and 58 dated September 12, 1985. Prior to City Council approval, the developer shall submit a signed Atrordable Housing Agreement to the Housing and Redevelopment Director. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 4. Prior to City review and approval of the offsite option, the approval of a Specific Plan amendment to SP 203 shall be required to designate the proposed offsite combined inclusionary project as an approved location for the provision of affordable units to satisfy the inclusionaxy requirements of Zone 20 properties. .... PC RES0 NO. 3881 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 5. The Developer shall construct the required inclusionary units concurrent with the project's market rate units, unIess both the finaI decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 17th day of January, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WILLIAM COMPAS, Chairperson CARLSBAD PLA"G COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 3881 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to wit: 1 1 1 PLANNING COMMISSION RESOLUTION NO. 3882 A RESOLUTION OF THE PLANNING COMMISSION OF RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO GRADE AM> SUBDIVIDE A 56.3 ACRE PARCEL INTO 61 ONE SINGLE-FAMILY LOTS WITH A MINIMUM LOT SIZE 7,500 SQUARE I FEET, DEVELOP NINE SECOND DWELLING UNITS, CREATE A 8.3 ACRE OPEN SPACE LOT AND LEAVE A 27.4 ACRE REMAINDER PARCEL, ALL ON PROPERTY GENERALLY LOCATED NORTH OF CAMINCX DE LAS ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: EMERALD RIDGE WEST CASE NO: HDP 95-06 I THE CITY OF CARLSBAD, CALIFORNIA, I I I I I , WHEREAS, MSP California LLC has filed a verified application for certain property i I All that certain parcel of land delineated and designated as "Description No. 1,103.91 Acres" on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot G of Rancho Aqua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, I 1 1 i 1896, a portion of which lies within the City of Carlsbad, all being in the County of San Diego, State of California. Excepting therefrom that portion lying within Parcels "A", "B", "C" and "D" of Parcel No. 2993 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 23,1974 as File No. 74-230326 of Official Records. 1 I with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Hillside Development Permit to subdivide a 563 acre parcel into 61 single-family lots with a minimum lot size of 7,500 square feet, one 83 acre open space lot, a 27.4 acre remainder parcel, and allow nine second-dwelling units as shown on Exhibits "A-M", dated January 17,1996, on file in the Planning Department and incorporated by this reference ("Hillside Development Permit for Emerald Ridge West" HDP 95-06) as provided by Chapter 21.95 of a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of January, 1996, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Hillside Development Permit HDP 95-06, based on the following findings and subject to the following conditions: Findinm: 1. The Planning Commission finds that the project, as conditioned herein for HDP 95- 06 is in conformance with the Elements of the City‘s General Plan, based on the following: a. The project is consistent with the City’s General Plan since the proposed density of 3.01 dudacre is less than the density range of 4 to 8 dudacre specified for the site as indicated on the Land Use Element of the General Plan, and is below the growth control point of 6 dus/acre. b. Circulation - The local streets serving the project have 56 to 60 feet of public rightsf-way, and connect to Hidden Valley Road which is a non-loaded collector street. All the local, collector, and major streets within this area would be constructed to full public street width standards, and have curb, gutters, sidewalks, and underground utilities. The proposed street system is adequate to handle the project’s pedestrian and vehicular traffic and accommodate emergency vehicles. c. Noise - A noise study was completed for the project, and traffic noise from Palomar Airport Road would not exceed 60 dBA CNEL. The developer is required to mitigate interior noise levels of the future homes to 45 dBA CNEL. .... PCRESONO. 3882 -2- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 v d. The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance since the Developer is required to provide 10.764 affordable units and has been conditioned to enter into an Mordable Housing Agreement to either: (1) construct 9 second dwelling units and deed restrict 1 three-bedroom home; or (2) construct 9 second dwelling units and purchase 1 Mordable Housing Credit from Villa Lama subject to the requirements of City Council Policy No. 57 and 58 and final City Council approval. The remaining .764 fraction of an inclusionary dwelling unit will be satisfied through the payment of a fee equal to the fraction (.764) times the average subsidy needed to make affordable to a lower-income household, one newly constructed typical housing unit. e. Open Space and Conservation - The project is designed to avoid the steep slopes surrounding the mesa and riparian drainage area in the eastern finger canyon. This area will be placed under an 83 acre open space easement to the Homeowners Association. This 83 acre open space lot would connect with the open space to the north along Encinas Creek. City Wide Trail Link No. 29 would be aligned to the east along the bluff and slope to minimize gnatcatcher, coastal sage, and riparian impacts in the eastern finger canyon. Native habitat impacts have been reduced or mitigated by the design of the project, in that project grading and the Cherry Blossom Road alignment is the most sensitive in terms of habitat and slope impact as follows: i. ii. iii. iv. V. PCRESONO. 3882 The 0.12 acre take area is located outside of any Preserve Planning Areas (PPAs); The habitat loss will not preclude connectivity between areas of high habitat values since this area is not included as a part of a Linkage Planning Area (LPA); The habitat loss will not preclude or prevent the preparation of the Carlsbad Habitat Management Plan in that the area is not a part of a Linkage Planning Area, makes no contribution to the overall preserve system and will not significantly impact the use of habitat patches as archipelago or stepping stones to surrounding PPAs. Mitigation for the loss of the 0.12 acres of Coastal Sage Scrub (CSS) will be in the form of the acquisition of .19 acres of high quality CSS habitat credits from the Carlsbad Highland Mitigation Bank. The loss of habitat on the MSP California LLC property will not appreciably reduce the likelihood of the sutviv81 and recovery of the gnatcatcher; The habitat loss is located in a disturbed area that is directly adjacent to Hidden Valley Road and the Poinsettia Community Park, therefore, large blocks of habitat will not be lost and fragmentation will not occur, and; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. vi. The habitat area being impacted is at the periphery of a larger CSS habitat area; it is not in the center where the loss of habitat would be more important. f. Parks and Recreation - The project is required to pay park-in-lieu fees. g. Public Safety - The proposed project is required to provide sidewalks, street 1 lights, and tire hydrants, as shown on the tentative map, or included as conditions of approval. That hillside conditions have been properly identified on the constraints map Exhibit "J", dated January 17,1996, which show existing and proposed conditions and slope percentages; That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map Exhibit "J", dated January 17, 1996, and placed into a 83 acre Open Space (Lot 62); That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the grading avoids steep slopes, manufactured slopes do not exceed 30 feet in height and follow the natural contours, grading volumes do not exceed 7,900 cubic yards per graded acre, the roadways are curvilinear and follow the natural contours, and the future homes would be setback from the bluff top; That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that steep slopes and riparian areas are preserved in open space; That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the roadways are curvilinear, grading follows the natural contours, the future homes would be setback from the bluff top, and all the manufactured slopes will be screened with landscaping that includes a combination of ground cover, shrubs, and trees; That the project design and lot configuration minimizes disturbance of hillside lands, in that project's grading and development does not encroached into steep slopes. 8 Planninn Conditions: 1. The Planning Commission does hereby recommend approval of the Hillside Development Permit for the HDP 95-06 project entitled "Emerald Ridge West". 1 (Exhibit "A" - "M" on file in the Planning Department and incorporated by this ' reference, dated January 17, 1996), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections j and modifications to the exhibitdor documents, as necessary to make them internally consistent and conform to City Council's final action on the project. Development I 1 i PCRESONO. 3882 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall OCCUT substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. Approval of HDP 95-06 is granted subject to the approval of the Mitigated Negative Declaration, LCPA 94-04, ZC 94-04, CT 95-03, and SDP 95-06. HDP 95-06 is subject to all conditions contained in Planning Commission Resolution Nos. 3873, 3874, 3879,3880, and 3881. 3. Prior to issuance of building permits on Lots 1- 61 for single family residential structures, an amendment to this Hillside Development Permit shall be submitted for review and approval by the Planning Commission to ensure that architecture is consistent with the Hillside Development Ordinance architectural standards. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 17th day of January, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: MICHAEL J. HOLZMILLER Planning Director PCRESONO. 3882 WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION EMERALD RIDGE - WEST CT 95-O3/SDP 95-06/HDP 95-06 GROUND DATA SHEET CASE NO CASE NAME: CI' 9543BDP 95-06/HDP 95-06 APPLICANT: mcALn: om LLC REQUEST AND LOCATION: 61 Sinele-Familv Lots. 9 Second Dwellinn Units. & one 8.3 acre Omq LEGAL DESCRIPTION AU that certain ~art~l of land delineated and desimated - as "DesaiDtion No. 1.103.91 Acres" on Record of Survey mao No. 5715. filed in the Offioe of the Countv Recorder of San Dieno Countv. December 19,1960. beinn a uortion of Lot G of Rancho Arma Hedionda. accordinn to Ma0 thereof No. 823. filed in the office of the Countv Recorder of San Diem Countv. November 16.18%. a portion of which lies within the Citv of Carlsbad. all being in the Countv of San Dieno. State of California. ExceDtinrz therefrom that Dortion hinn within Parcels "A" "B." "C." and "D" of Parcel No. 2993 in the City of Carlsbad. Countv of San Dieno. State of California. filed in the Office of the Countv Recorder of San Dieeo Countv. Aurmst 23.1974 as File No. 76230326 of Official Records APN 212-040-32 and 36 Acres 56.3 Proposed No. of Lots/Units 61 Lots and 71 Units (Assessor's Parcel Number) Land Use Designation Residential Medium G& Density Allowed 6 dudacre Density Propotwd 3.01 Existing Zone R-1-7500-0 Prop<wedZone N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) zoning Site R-1-7500-Q Land Use Aericulture PUBLIC FA- North os south pc East R-1-IO-Q West R-1-7500-Q Vacant Park Residential School District -bad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Unib (Sewer Capacity) 71 EDUs Public Facilities Fee Agreement, dated Mav 26.1995 ENVIRONh4ENTA.L WACX ASSESS= Mitigated Negative Declaration, issued October 27.1 995 - Certified Environmental Impact Report, dated CITY OF CARLSBAD CROWI" MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO CI' 95-03BDP 95-06IHDP 95-06 LOCAL FACILITY MANAGEMENT Z0NE:Z GENERAL PLAN. ZONING. R-1-7500 DEVELOPERS NAME MSP CALIFORNIA LLC ADDRESS: 650 S. CHERRY STREET' SUITE 435 DENVER COLORADO 80222 PHONE NO (303) 339-9804 ASSESSORS PARCEL NO 212-040-32 ad 36 QUAN'TTIY OF LAND USEDEVELOPMENT (AC., SO. F"., DU): 56.3/71 units ESTIMATED COMPLETION DATE: N/A A. B. C. D. E. F. G. H. I. J. K L City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in AM's = (Identify Trip Distn'bution on site plan) Fii: Served by Fire Station No. = Open Space: AC~C~C Provided - Schools: (Demands to be determined by staff) sewer: Demand in EDUs - Identify Sub Basin - (Identify trunk line@) impacted on site plan) Water: Demand in GPD - 246.8 sa. ft. 131.6 sa. ft. NIA .49 acres NIA NIA 670 AD" No. 4 3.48 CUSD 71 N/A 15.620 The project is 68.26 dwelling units below the Grawth Management Dwelling unit allowance. t D t SCLC SL' RE ST.4E.M ENT I I ,.. - . .- .. - Pease Prrnr) U :re fcilowlng Information must bo disclosod: :..!:Y 2 6 :.?35 1. Aoolicrfl kst the names and addresses of all persons having a financial interest in tho application. HSP CALIFORNIA, L.L.C. Marcus S. Palkowltsh 650 South Cherry Street, Suite 435 Denver. Colorado 80222 MSP CALIFORNIA. L.L.C. David M. Bentlev Tucson. Arizona 85718 !e 3 21 2. Ownor Lst the names and addressos of dl porsons having any ownonhip intuW in tho proporty involved. MSP CALIFORNIA. LJlyC. MSP CALIFORNIA. L.L.C. Marcus S. Palkowitsh David M. Bentley Denver. Colorado 80222 Tucson, Arizona 85718 650 'South Cherry Street. Suite 435 3573 East S-e. S- 1 1 3. If any person identinod punant to (1) or (2) above i8 a corporation or putnorship, list tho names acc addressos of all individuals ownmg mor0 than 1096 of tho Marw in th. corporation or owning any partnersme ~nterost in tho putnorship. !Over} Page 2 5. Have you had mcre than S2S0 worth of business transacted with any member of City Staff. 3carz3 Commlssrons. Committees and Councii within tho past twelve mOnthS? Yes - If yes, pleaso indicate person@) (NOTE; Attach additional pages as fwCe?ssW.) Marcus S. Palkowitsh Marcus S. P-nh ~nnt or rypo name d ownor Print or rypa named appbcax - -. . STATE OF CAUILOIN(A--THC (LUOUQS A- DEPARTMENT OF FISH AND GAME 4949 VIMIW m. SAN MEGO, CA 92123 (619) 4674212 November 17, 1995 Mr. Jeff Gibson Planning Department City of Carlsbad 2075 Las Palmas Drive Cdsbad, CA 92009-1 576 Mitigated Negative Declaration for the Emerald Ridge West Project, City of Cadsbad, CT 95-03/HDP 95-06/SDP 95-06 Dear Mr. Gibson: The Department of Fish and Game's (DFG) Natural Community Conservation Planning (NCCP) staff has reviewed the mitigated negative declaration, and supporting environmental documentation, for the Emerald Ridge West development project and offers the following comments. The proposed 28.9 acres project is located in the City of Carlsbad, south of Palomar Airport Road, east of Paseo Del Norte, north of Camino de las Ondas, and immediately west of the proposed alignment of Hidden Valley Road. The development would consist of 61 single- family residential lots, 10 second-dwelling units, and an 8.3 acre open space lot. An access road off of Hidden Valley Road, and an off-site sewer line would also be constructed. The property currently supports 6.44 acres of Diegan coastal sage scrub (CSS), 0.05 acres of disturbed CSS, 1.2 acres of southern mixed chaparral, 0.43 acres of riparian vegetation, 0.23 acres of unvegetated channel, and 20.55 acres of disturbed agricultural lands. The site is not iocaed wltlhin the City ofCarlstad'3 proposed AW.t:t ?.bmgement Plzm presewe sed. No sensitive plant species were identified on-site. The California gnatcatcher, a federally-threatened species was obsand within the CSS habitat on the property, as well as in habitat just off-site. The proposed development would impact 18.0 acres of agricultural lands, and 0.12 acres of CSS habitat. The habitat where the California gnatcatcher was observed would not be directly impacted. The project proponent proposes to mitigate impacts to CSS by on-site preservation of 4.82 acres of CSS and the purchase of 0.19 acres of credit within the Carlsbad Highlands mitigation bank. On-site impacts to CSS and wetlands fiom the construction of Hidden Valley Road will be mitigated by on-site habitat restoratiodcreation. An adjacent property owner (Sambi) is responsible for filfilling this mitigation requirement. The DFG concurs with the mitigation measures proposed by the project proponent, and Mr. JeffGibson November 17,1995 Page Two also agrees that they are consistent with the NCCP Guidelines. If mitigation credits are not purchased in the Carlsbad Highlands mitigation bank, then 0.19 acres of equal or higher quality CSS habitat must be acquired by the property owner within the North County coastal region. The DFG would need to review and concur with any alternate mitigation site if this project is to be processed through the provisions of the NCCP program. If you have any questions concerning these comments please contact David Lawhead at (6 19) 467-42 1 1. Thank YOU. I Sincerely, William E. Tippets NCCP Field Supervisor cc: Department of Fish and Game Mr. RonRempel Sacramento Ms. Patty Wolf Long Beach Mr. David Lawhead San Diego U.S. Fish and Wildlife Service Mr. Gail ICobetich Ms. -Berryman FILE: Chon EMRLDRDG.DNL LAWHEADlTPPETS Pm WILSON. Gomnor CALIFORNIA COASTAL COMMISSION UN MKio COAST 5111 CAMIN0 DCL RIO NCUW, Sum 100 SAN DIECO, CA 9Zla6172l (619 521-8036 November 30,1995 City of Carlsbad 2075 Las Palmas Drive Attn: Jeff Gibson Carlsbad, CA 92009- 1576 RE: Proposed Mitigated Negative Declaration for the Emerald Ridge West Project - SCH #95101062 Dear Mr. Gibson: Commission staff has reviewed the above cited document and would like to provide the following comments. To begin with, it is our understanding that the project involves a 61- lot residential subdivision along with open space and 10 second dwelling units. The project also proposes a number of on- and off-site road and utility improvements including two alternative sewer alignments. Relative to procedures, the project site is located within the Coastal Zone and is therefore subject to coastal development permit review. The project site is located within the area governed by the City of Carlsbad certified Mello II LCP segment. As such, the standard of review for the coastal development permit is the Commissioncertified Mello II LCP segment. Pertaining to potential concern raised by the above cited draft document, the document derails two sewerhtom drain aiternauve alignments (A & B). Based on the information provided, Alternative B would have sigdicant impacts on environmentally sensitive habitat areas, while Alternative A does not have any direct native or sensitive habitat impacts. As such, Alternative A is clearly the least environmentallydamaging alternative. However, tb draft document does not spec@ which alignment is being proposed. As you are aware, in March of this year, the Coastal Commission approved a permit for a residential subdivision south of the subject site (ref. CDP #6-%-131/Toyohara). The Commission’s approval also included the extcnsiort/impmvement of Hidden Valley Road north from the project to Palomar Airport Road. In its approval, the Commission found that while the road alignment would impact dual criteria slopes, such impacts could be accepted because the road alignment would also provide necessary sewer, water and access to other developable arcas. In subsequent permit actions for other development in this area, the Commission made additional findings that, because of potential impacts to environmentally sensitive habitat arcas, any proposed sewer lines to serve development in , this area should be within Hidden Valley Road Due to topographic constraints that would require the use of a pump facility, which can be costly to construct and maintain, neither alternative is proposed within Hidden Valley Road. However, because Alternative A does not involve any native habitat impacts, it should be the “preferred alternative”. The draft document also states that approximately 129,205 cubic yards of grading is necessary to accommodate building pads, lots, utilities, etc., and that the grading conforms to the City’s Hillside Development Ordinance. However, the document does not indicate whether a slope analysis has been completed and if there is any grading of dualcriteria slopes. As such, this should be clarified. In addition, because portions of the site drain to environmentally sensitive habitat areas, any grading that occurs during the winter rainy season could lead to sedimentation impacts to such downstream resources. Therefore, the document should make it clear that gradrng of the site would be prohibited during the winter rainy season (October I to April l), consistent with LCP requirements. Finally, on Page 15 of the draft document, the statement is made that “no sensitive plant species were identified onsite...”. Although this statement is true, taken literally, it is somewhat misleading. While it is true then arc no plant species onsite that have been listed by any state or federal agencies, the site does contain several environmentally sensitive habitat areas (Diegan Coastal Sage Scrub, Mixed Chaparral and Riparian) that do support several listed/protected wildlife species. Therefore, this should be clarified in the document. The above comments have been prepared by Commission staff based on the information available at this time. Additional issues may result from further public review and input. Again, thank you for the opportunity to comment on this draft document. If you have any questions, please give me a call. Q& Coastal Planner TEE Cm 01 C- Bonwra 4 Bggwrmrlmr DIWAR~ENT A REPORT TO TEE HOUSING COMMISSION Item No. 3 I St&. Leilani Hines I Management Analyst DATE: FEBRUARY 8,1996 SUBJECT: 1996-97 HOME PROGRAM - Request for approval of a recommendation of projects and funding allocations for the City of Carlsbad's 1996-97 HOME Investment Partnership Program. I. RECOMMENDATION ACCEPT public comments regarding the City of Carlsbad's housing and community development needs and proposals submitted for funding under the HOME Investment Partnership Program and ADOPT Housing Commission Resolution No. 96-003, recommending to the City Council the projects and funding allocations for the City of Carlsbad's 1996-97 HOME Investment Partnership Program. II. BACKGROUND On June 20, 1995, the City Council approved Carlsbad's participation with the cities of Encintas, Santee, and Vista and the County of San Diego to form a consortium for the purpose of increasing the local supply of decent affordable housing to low and very income persons. As a participant in the San Diego Urban County HOME Investment Partnership Consortium, the City will receive federal HOME funds to provide affordable housing opportunities for lower income households. The total amount of HOME funding available for allocation to eligible projects is anticipated to be approximately $176,700. Attached for Housing Commission's information is the City's CDBG/HOME Investment Partnership Program Funding Plan Strategy (Exhibit 2), as approved by City Council. This Strategy outlines the eligible housing activities for the HOME program. In response to the City's "Request for F'roposals", a total of two (2) proposals, with $185,070 in HOME funding requests, have been submitted to date for consideration by the Housing Commission. A copy of each proposal is attached as Exhibit 3 for the Housing Commission to review. Copies of the proposals are also available for review by the general public at the Housing and Redevelopment Office (2965 Roosevelt Street). 1996-97 HOME PROGRAM FEBRUARY 8, 1996 PAGE 2 Housing Activities Administration TOTAL The chart below summarizes the CDBG/HOME funding available and the maximum amount which can be allocated in each expenditure category: 167,400 159,030 { 2 moDosals) 17,670 (1 moposal) 17,670 185,070 176,700.00 In identifying the needs of low and moderate income persons, a public hearing is held to obtain the views of citizens on Carlsbad's housing and community development needs. During this public hearing, the Housing Commission may also solicit comments on specific activities proposed to meet the needs of low and moderate income persons. As a participant in the San Diego Urban County HOME Investment Partnership Consortium, the City will receive approximately $176,700 to increase affordable housing opportunities. In response to the City's "Request for Proposals", the City has received a total of two proposals for HOME funding. The Community Resource Center is requesting $13,400 to provide a one time security deposit to assist lower-income persons currently in "near homeless" living situations, such as living in motels, shelters or transitional housing programs, to move into permanent housing. The City of Carlsbad is requesting $154,000 to provide fmncial assistance for the rehabilitation of owner occupied single family homes. In selecting projects for HOME funding, priority should be given to projects which best meet the identified needs of the low and moderate-income population within Carlsbad, as detailed within the City's Consolidated Plan. Additionally, staff evaluated each eligible proposal submitted based upon the following criteria, with a maximum score of 100 points: 1) organization's ability and capacity; 3) benefits and beneficiaries; and 4) ready implementation of program/project. The chart provided as Exhibit 4 outlines each request for funding received by the City with an indication of staff's evaluation score, the corresponding Consolidated Plan priority, and bding recommendation. 2) financial ability and stability; c 1996-97 HOME PROGRAM FEBRUARY 8, 1996 PAGE 3 Staff is recommending that the Community Resource Center receive its full request for $13,400 in HOME funding for a Security Deposit Assistance Program and the City receive $145,630 for the Single Family Residential Rehabilitation Program. Additionally, the City may use a maximum of ten percent (10%) of the available HOME funds, or $17,670, for administration of the HOME Program. Staff is recommending that the City receive the $17,670 allowed for the reasonable administrative costs of the HOME Program. Administrative activities include overall program management, coordination, monitoring, and evaluation. At this time, staff recommends that the Housing Commission accept public comments on the needs of low and moderate income persons and the proposals submitted for funding under the 1996-97 CDBG program to meet those needs. Then, as a second action, the Housing Commission is being requested to approve a recommendation of project funding allocations for the City's 1996-97 HOME Program. FISCAL IMPACE As a participant in the San Diego Urban County HOME Investment Partnership Consortium, in 1996-97, the City will receive approximately $176,700 to increase affordable housing opportunities in Carlsbad. The City may use a maximum of ten percent (10%) of the available HOME funds, or $17,670, for administrative costs incurred by the City for the overall management, monitoring, and evaluation of the HOME Program. The HOME Program has no impact on the General Fund. EXHIBITS: 1. Housing Commission Resolution No. 96-003 2. 1996-97 CDBG/HOME Consolidated Funding Plan Strategy 3. HOME Funding Project Proposals (2 Total) 4. Summary of staffs evaluation of proposals and funding allocation recommendations * . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 2a HOUSING COMMISSION RESOLUTION NO. 96-003 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SPECIFIC INVESTMENT PARTNERSHIP PROGRAM. PROJECTS FOR FUNDING UNDER THE 1996-1997 HOME WHEREAS, the Housing Commission of the City of Carlsbad, California, held a public hearing on February 8, 1996 to accept comments on the needs of low and moderate income persons and the proposals submitted for funding consideration under the 1996- 1997 HOME Investment Partnership Program; WHEREAS, the Housing Commission selected projects to be recommended for HOME funding during a public hearing on February 8, 1996; and, WHEREAS, the Housing Commission has taken all testimony into account. NOW, THEREFORE BE IT HEREBY RESOLVED as follows: 1. 2. That the above recitations are true and correct. That the projects selected at the Housing Commission meeting of February 8, 1996 are hereby recommended at the indicated funding levels for inclusion in Carlsbad’s Consolidated Plan for the 1996-1997 HOME Investment Partnership Program. ... ... ... ... ... ... 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 -. c i PASSED, APPROVED AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 8th day of February, 1996, by the following vote, to wit: AYES: NOES: None. Chairperson Calverley; Commissioners: Schlehuber, Escobedo, Noble, Rose, Sato, Scarpelli & Wellman. ABSENT: None. ABSTAIN: None. RLY, Chairperson ATTEST: EVAN E. BECKER Housing and Redevelopment Director HC RES0 NO. 96-003 -2- EXHIBIT 2 CITY OF CARLSBAD 1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT HOME INVESTMENT PARTNERSHIP FUNDING PLAN STRATEGY CITY OF CARLSBAD 1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT OF COMMUNITY DEVELOPMENT OBJEcnvEs The City of Carlsbad Community Development Block Grant (CDBG) funds will be allocated to organizations, agencies, City Departments, or persons to implement programs or develophprove public facilities which meet the following community development objectives: 1. AFFORDABLE HOUSING: 0 Provide direct benefit to lower income persons through the provision or retention of affordable housing units in Carlsbad; 0 Provide shelter or services to homeless or near homeless persons/families which result in an improved situation through employment, permanent housing, treatment of mental, or substance abuse problems, etc.; and, 0 Provide direct assistance to lower income households to prevent or eliminate residential Building or Municipal Code violations and/or improve the quality of housing units in Carlsbad through residential (rental and/or owner occupied) rehabilitation programs. 2. SOCIAL SERVICES (GENERAL): 0 Provide assistance to non-profit public service providers who meet the basic needs of lower income Carlsbad residents. Basic needs are defined as those which provide food, shelter, clothing and, in some cases, health care; 0 Provide assistance to non-profit public service providers who offer counseling and self-improvement programs/activities for lower income Carlsbad residents; and, 0 Provide assistance to non-profit public service providers who offer recreational and/or cultural programs/activities for lower income Carlsbad residents. 3. SOCIAL SERVICES CHILDREN & ADULTS); 0 Provide assistance to organizations which administer programs that directly benefit lower income children living in Carlsbad. The programs must provide one or more of the following activities: day care, after-school care, cultural enrichment, recreation, health care/immunization or self-improvement. The City may also give priority to single-parent assistance programs such as counseling services; and 0 Provide assistance to organizations which administer programs that directly benefit low income adults living in Carlsbad. The programs must provide one or more of the following activities for adults: employment services, job training, and educational programs. Programs designed for elderly adults only must provide one or more of the following activities: meals, homemaking or personal assistance services, financial assistance services, counseling, transportation, or shared housing or other housing related services. I CITY OF CARLSBAD 1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUMMARY OF EUNDS AVAILABLE Source of Funds Amount New Entitlement Grant 647,000.00 Reallocation of Previous Funds 50,621.58 TOTAL 697,621.58 CompletecVCanceled Project Funds to be Reallocated Activity - Year Status w Boys & Girls Club (Renovation) 92-93 Completed 220.78 Boys & Girls Club (Renovation) 93-94 Forfeited 50,000.00 Join Hands Save a Life 94-95 Completed 400.80 TOTAL 50,621.58 Funds Available bv Activity Amount ($1 Public Service 97,050.00 Public Facilities 8~ Improvements, etc. 236,976.32 Program Administration 117,913.68 Section 108 Loan Payment 195,000.00 Reallocation due to completed or canceled 50,621.58 project and unprogrammed funds.' TOTAL AVAILABLE FUNDS 697,621.58 1 May not be used for Program Administration or Public Sewice Activities SAN DIEGO URBAN COUNTY 1996-97 HOME INVESTMENT PARTNERSHIP PROGRAM STRATEGY The City of Carlsbad, as a member of the San Diego Urban County HOME Consortium, will allocate its HOME Investment Partnership funds to implement the following activities directly, through local housing authorities, or for-profit or non-profit organizations: e e e ' 1. 2. 3. 4. 5. 6. Housing AcquisitionRehabilitation e Rental Assistance Housing Rehabilitation e Security Deposits Housing Construction e Administration/Planning Housinp AcauisitionlRehabilitation HOME funds may be used for acquisition of existing housing units with or without rehabilitation for lower-income persons and special needs groups. Housing Rehabilitation HOME funds may be used for housing rehabilitation costs incurred separately or in connection with the acquisition of existing housing for lower-income persons and special needs groups. Housinp Construction HOME funds may be used for all eligible costs of housing construction for lower-income persons and special needs groups, when housing units are not available through acquisition or rehabilitation. HOME funds may be used for rental assistance for eligible lower-income persons and special needs groups, and for related residential security deposit assistance programs. Administration/PIanning A portion of HOME funding may be used for eligible HOME administration and planning costs, including direct administrative and overhead costs, public information, fair housing, and program development costs. NOFA Process The City's portion of HOME funds will be awarded to eligible housing activities implemented by the City or by for profit or non-profit organizations. All housing proposals submitted as part of the CDBG/HOME Request for Proposals which were not recommended for CDBG funding and proposals which are determined to be ineligible activities under the CDBG Program will be considered for funding under the HOME Program. City staff shall evaluate each proposal and present all eligible HOME funded housing activities to the Housing Commission. Based upon the evaluation, staff will recommend a housing activity(ies) to be considered by the Housing Commission for a HOME funding recommendation to the City Council. The Urban County HOME funding program will be implemented through twice yearly Notices of Funding Availability (NOFA’S). For 1996-97, the County Fall NOFA will be available from November 17 to 30, 1995 and the Spring NOFA will be available from April 19 to May 31, 1996. .7. Leveragp In so far as possible, HOME funds will be leveraged with other public and private funding sources to enhance program productivity. 8.. Area of Activity HOME funds may be used for housing activities implemented within the City of Carlsbad. ! I S DIEGO COUNTY CONSORTIUn 1996-97 HOME PARTNERSHIP PROGRAM PRELIMINARY STRATEGY ALLOCATIONS Participating Jurisdictions Amount ($1 Carlsbad 176,720.25 Encinitas 162,582.63 santee 14 1,376.20 Vista 226,201.92 Urban County 1,859,65 8.00 Program Administration 285,171 .OO TOTAL ~ 2,851,710.OO EXHIBIT 3 HOR.IE FUNDING PROJECT PROPOSALS - CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANTlHOME PROGRAM FUNDING PROPOSAL APPLICATION 1996-97 The following information must be completed by each person/agency/organization interested in being considered for CDBG funding. All information requested must be provided or the application will be considered incomplete and will not be further evaluated for funding consideration. Please type or print clearly. Attach additional sheets or information as necessary. ADMINISTRATING AGENCY Name of Agency: Address: City of Carlsbad. Housing & Redevelopment Department 2965 Roosevelt Street. Suite B Carlsbad CA 92008 Federal Tax I.D. Number: PROPOSED PROGRAM/PROJECT Title of ProgrdProject: Single Familv Residential Rehabilitation Program Location of ProgramlProject: Citv wide activitv Administrative Office - See above Contact Person: Leilani Hines Telephone No.: (619) 434-2818 Requested Funding Amount: $ 154.000 Description of ProgrdProject (Describe the work to be performed, including the activities to be undertaken or the services to be provided, the goals and objectives of the program/project, etc.): Rehabilitation of single family owner occupied homes through out the Citv of Carlsbad. Funds will be used for loanskrant to aualifving; low income households and for the County of San Diego’s costs to administer the Drogram. The Citv is reauesting additional CDBG funds so that this residential rehabilitation urogram can continue without delay. Funding reauest will allow for the rehabilitation of armroximatelv 10 single family homes. Currentlv. there are apuroximatelv 18 single familv home owners and 7 mobilehome owners on the City’s interest list. I. ORGANIZATIONAL ABILITYiCAPACITY A. B. This agency is: 0 Non-profit 0 For-profit XBt Local public agency 0 State public agency 0 Other (Please specify.) What is the purpose/mission of the agency? The Housing; and Redeveloument Deuartment is dedicated to: 1) Enriching and revitalizing the redevelopment area for the benefit and enioment of the entire community: 2) Providing affordable housing citv wide for all economic segments of the population: and 3) Providing a CDBG urotyam that meets the social service, housing and community develoument needs of low income residents. - - CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM FUNDING PROPOSAL APPLICATION 1996-97 The following information must be completed by each person/agency/organization interested in being considered for CDBG funding. All information requested must be provided or the application will be considered incomplete and will not be hrther evaluated for funding consideration. Please type or print clearly. Attach additional sheets or information as necessary. ADMINISTRATING AGENCY Name of Agency: Address: Citv of Carlsbad. Housing & RedeveloDment DeDartment 2965 Roosevelt Street. Suite B Carlsbad CA 92008 Federal Tax I.D. Number: PROPOSED PROGRAM/PROJECT Title of ProgrardProject: Single Family Residential Rehabilitation Program Location of ProgrdProject: Citv wide activity Administrative Office - See above Contact Person: Leilani Hines Telephone No.: (619) 434-2818 Requested Funding Amount: $ 154,000 Description of ProgramRroject (Describe the work to be performed, including the activities to be undertaken or the services to be provided, the goals and objectives of the programlproject, etc.): Rehabilitation of single family owner occupied homes through out the City of Carlsbad. Funds will be used for loans/grant to qualifvina low income households and for the Countv of San DiePo’s costs to administer the Drogram. The City is requesting additional CDBG funds so that this residential rehabilitation program can continue without delay. Fundinp reauest will allow for the rehabilitation of apDroximatelv 10 single family homes. Currently, there are aDmoximatelv 18 single familv home owners and 7 mobilehome owners on the Citv’s interest list. I. ORGANIZATIONAL ABILITY/CAPACITY A. This agency is: 0 Non-profit 0 For-profit 0 Local public agency 0 State public agency 0 Other (Please specify.) . B. What is the purpose/mission of the agency? The Housing and Redevelopment Deuartment is dedicated to: 1) Enriching and revitalizing the redevelopment area for the benefit and enioment of the entire communiw: 2) Providing affordable housing city wide for all economic segments of the poDulation: and 3) Providing a CDBG propm that meets the social service. housing and community develoDment needs of low income residents. I r_ City of Carlsbad 1995-96 CDBG/HOME h ,riding Application Page 2 C. D. E. F. G. H. How long has this agency been in operation? Please include the date of incorporation? Citv of Carlsbad incorporated in 1952. How long has this agency been providing the proposed program/project? Carlsbad’s residential rehabilitation program administered by the Countv has been in operation since 1993. The County has been operating residential rehabilitation programs for the unincomorated San Diego County area and on behalf of other jurisdictions since 1978. Prior to the Citv of Carlsbad becoming a CDBG Entitlement communitv, the County of San DiePo did offer a residential rehabilitation program to Carlsbad residents under the Urban Countv program. Please describe the agency’s existing staff positions. (May substitute an organizational chart.) Please see attached. Please describe the agency’s existing staff positions directly responsible for the proposed progrdproject and their qualifications and experience in implementing such a program/project. (Resumes may also be submitted.) Please see attached. Please indicate your agency’s level of experience with the CDBG program and/or other State or Federal Funding Sources. CDBG program: 0 No past experience. 0 0 [29 Some experience, 1 to 2 years of using CDBG funds. Moderate experience, 3 to 5 years of using CDBG funds. Considerable experience, more than 5 years of using CDBG funds. Other State/Federal Funding Sources: 0 No past experience. 0 0 Some experience, 1 to 2 years of using other StatelFederal funding sources. Moderate experience, 3 to 5 years of using other State/Federal funding sources. Considerable experience, more than 5 years of using other StatelFederal funding sources. If you have received federal funds, including CDBG funds, in previous years, have program violation findings ever been made against your agency/organization? B No 0 Yes If yes, please explain nature of finding(s) and how finding@) has been addressed by your organization. Not Amlicable (WPUPPLICATION) Mad. I/25/96 I City of Carlsbad 1995-96 CDBG/HOME Funding Application Page 3 _- 11. FINANCIAL CAPACITY/STABILITY A. Please attach the proposed budget for the prograndproject, itemizing revenues and expenses, to this application. Indicate how the requested CDBG funds would relate to the overall proposed budget. B. Please submit a copy of the organization's financial statements for the last three years and a copy of the most recent PA Audit Report. C. Did you receive any of the following sources of funding from the City of Carlsbad last year (July 1995 to June 1996) for the proposed program/project? Sources of Funding - No - Yes CDBG Community Activities (General Fund monies) w 0 El 0 1. If yes, please indicate status of previously awarded funds (fully expended, funds remaining, prograndproject discontinued). CDBG funds: Community Activities: Not aDDliCable D. Did you receive any federal funds, including CDBG funding from other cities, last year (July 1995-June 1996)? 4 No 0 Yes (Please list funds below.) Amount Received $ $ $ $ Program Source E. Will additional CDBG funds be required in future years for the project? 0 No a Yes 111. BENEFITS & BENEFICIARIES A. How accessible or convenient is the proposed progrdproject to Carlsbad residents? (Please be specific.) Program offers funds to rehabilitate lower income owner-occuDied single family homes and mobile homes located in Carlsbad onlv. - City of Carlsbad 1995-96 CDBG/HOME b unding Application Page 4 B. What is the approximate percentage of your clients that have annual family incomes in each of the following ranges: (Percentages should add to 100%; Please see the 1994-95 Income Limits for the CDBG Program) % of clients are at 30 percent or below of the area median income % of clients are between 31 and 50 percent of the area median income % of clients are between 51 and 80 percent of the area median income % of clients are above 80 percent of the area median income 40 60 C. Please describe how low and moderate income persons will benefit from the proposed progrdproject. Include the need or problem to be addressed in relation to local and national objectives, CHAS or other community development priorities, as well as the population to be served or the area to be benefitted. The rehabilitation of residential units occupied bv lower-income households will assist in the preservation and maintenance of the Citv’s affordable housing stock. Additionallv, the rehabilitation of these homes will further protect the health and safety of the occupant bv correcting deficiencies in the home. D. Please indicate the number of households or individuals you serve each year and the percentage that are Carlsbad residents. - 5 Households or Persons of which 100 % are Carlsbad residents E. Does your agency focus its activities on populations with special needs? 0 No @ Yes (Please specify) Please specify which special needs populations. (Homeless individuals/families, Persons with disabilities, Persons with substance abuse problems, Veterans, Farm workers & day laborers, Elderly, Children, etc.) Offers rehabilitation grant of $l.OOO for the elderly or disabled for accessibilitv/ada~tilitv improvements. IV. IMPLEMENTATION OF ACTIVITY A. Please attach a schedule for implementation of the proposed progrdproject to this application. The agency must ensure the expenditure of all CDBG funds awarded within the program year. f - City of Carlsbad 1995-96 CDBG/HOME fc barding Application Page 5 I, the undersigned, do hereby attest that the above information is true and correct to the best of my knowledge. Management Analyst December 20. 1995 Title Date Date Received: December 20, 1995 Date Reviewed: December 20. 1995 Staff Person Completing Review: Leilani Hines National Objective: Low/mod Income Benefit Local Objective: Eligibility Determination: Affordable Housing - Rehabilitation 24 CFR Part 570.202 (aMl) 24 CFR Part 570.208 (aM3) (WP:UPPLICATION) Revis&: 1ml% CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RESIDENTIAL REHABILITATION PROGRAM 1996-97 EXPENSES: No. of Units Cost Der Unit Total Cost Single Family Homes 6 $20,000.00 $120,000.00 Mobile Homes Administration @I 22% $33,846.15 TOTAL 6 $20 ,OOo. 00 $153,846.15 Revenues: HOME Funds $154,000 ADMINISTRATIVE CAPABILITY Edward A. Baker Director (Acting) Alfred0 Ybarra Housing Program HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO HOUSING REHABILITATION Martha Meurer Principal Rehabilitation Specialist (Supervisor) Bob Steckman Housing Rehabilitation Specialist (Inspector) Margaret Wooley Housing Rehabilitation Specialist I1 Sharon Ford Housing Rehabilitation Specialist II David Smith Housing Rehabilitation Specialist II Two years as Acting Director of the County of San Diego’s Housing and Community Development Department, which includes the Urban County’s CDBG Program, the Housing Authority and the Industrial Development Authority. Currently, the Director’s responsibilities include 91 employees and an annual budget of $82 million. Ten years with the County of San Diego’s HCD Department; Thirteen years of experience in various housing programs including mobilehome assistance programs, density bonus programs, rehabilitation, and bond financing. Fourteen years with the County of San Diego’s HCD I11 Department; Experience in all phases of duties associated with the rehabilitation programs; Experience in the supervision of and responsibility for subordinates in the division. Six years with the County of San Diego’s HCD I11 Department in the Rehabilitation Division; Twenty three years of experience in construction, inspections, and teaching construction applications. Fifteen years with the County of San Diego’s HCD Department; Eight years of experience with Housing Rehabilitation Division; Experience in real estate and construction industry. Nine years of experience with the County of San Diego’s Housing Rehabilitation Division; Experience in construction and inspections of residential properties for health and safety code violations, and general remodeling and repair. Five years of experience with the County of San Diego’s HCD Department; Six years of experience in housing, office, and industrial construction and renovation; Eleven years experience in civil engineering and earth work. Sherri Hopkins Housing Aide Six years of experience with the County of San Diego’s HCD Department with three years of experience in residential rehabilitation; Experience as an Account Clerk I11 at the County of Orange HCD. - COMMUN-Y DEVELOPMENT BLOCK GRANT OGRAM PROGRAM/PROJECT EVALUATION INSTRUCTIONS Each eligible proposal/application for CDBG funds shall be reviewed and evaluated, for ranking purposes based upon the attached criteria. The CDBG Funding Advisory Committee, as well as Housing and Redevelopment Department staff, will evaluate each eligible proposal for funds and assign a score based on a maximum 100 point scale. To assist you in reviewing and evaluating each proposal based upon the established criteria, measurement examples, where appropriate, have been provided. These are to be used as a guide only and is not intended to cover every circumstance which may occur. Please use your best judgement in evaluating the proposals with the criteria that has been provided. You will find a copy of each evaluation form placed directly behind the application. To facilitate the evaluation of eligible proposals based upon the attached criteria, applicants will be given the opportunity to participate in a 10 minute interview with the CDBG Funding Advisory Committee and staff during a public meeting. The public will be given the opportunity to comment on the eligible proposals being considered for funding. The interview will provide the Advisory Committee with an opportunity to obtain additional information regarding the organization and the proposed activity that may not have been provided in or was unclear within the application. It will be suggested that applicants provide any documents which may assist the Advisory Committee and staff in evaluating the proposal p& to this interview. Staff will average the evaluation scores given by each Advisory Committee member and staff, The average score received will then be used to rank order each of the proposals within each of the following three classifications for public service and public facility activities: 1) Housing; 2) General Social services; and 3) Social Services for Children & Adults. This information will then be presented to the Advisory Committee for further review and evaluation to determine the level of funding to be recommended for each selected proposal. - CITY OF CARLSBAD COMMU~~A Y DEVELOPMENT BLOCK GRANT PROGRAM PROGRAM/PROJECT EVALUATION Name of Organization & Project: Project Location: 9wr; RQQSFVFI T ST-, STF R CAU SBAD CITY OF CARLSBAD/SF RESIDENTIAL REHAB CITYWIDE PROGRAM Service Providedmenefit to Carlsbad Residents: Type of Activity: Local Objective: National Objective: Amount of Funding Request: $ 154.000 I. ORGANIZATIONAL ABILITYKAPACITY (Max. of 15 ooinrs): A. General Experience of Organization - How much general experience does the organization have in providing services to low and moderate income persons? (i.e., length of time the organization has been in operalion) Measurement Examples: No Experience New organization 1 to 3 years of experience Some Experience - Moderate Experience - 4 to 9 years of experience - - - Considerable Experience = 10 years or more of experience 0 No 1 Some 3 SCORE 2 0 Moderate Considerable Experience Experience Experience Experience COMMENTS: B. Experience in Implementation of Program/Project - How much experience does the organization have in providing the specific programlproject proposed for funding? (i.e., length of time the aciunl program/proiect has been operated by the organization) Measurement Examples: No Experience iT New progranJproject Some Experience - Moderare Experience - Considerable Experience = IO years or more of experience 0 to 3 years of experience 4 to 9 years of experience - - 0 No 1 Some 4- SCORE 2 Moderate Experience Experience Experience Experience COMMENTS: c CDBG Program Evaluation Form Page 2 C. Staffing for Program/Project - How qualified is the identified staff in performing the various functions required to implement the proposed programlproject? (i.e., years ofstaff experience, education and training) 0 Not 1 Fairly 2 3 SCORE 0 More than Qualified Qualified Qualified Qualified COMMENTS: D. Experience with Federal or State Funding Sources - How much experience does the organization have in administering CDBG and/or other State or Federal funds? fie., length of time the organization/assigned staff has been administering such funds) Measurement Examples: - No Experience - First time applying for FederaMtate Funk Some Experience - I to 2 years of experience Moderate Experience - - 3 to 5 years of experience - Considerable Experience = 5 years or more of experience 0 No 1 Some 3 SCORE 2 0 Moderate Considerable Experience Experience Experience Experience COMMENTS: E. Performance record - What overall level of ability has the organization demonstrated for providing services to the public, as well as adhering to local, State and/or Federal regulations which may have applied to the various funding sources for their previous programs/projects? (i.e., number of clients benefitting from program/project, any vioIations of the regulationr, ability to clear violation fldings) 0 No 1 Some Adequate 0 3 2 Strong SCORE Ability Ability Ability Ability COMMENTS: CDBG Program Evaluation Form Page 3 11. FINANCIA CAPACIT’ & STABILITY (Mar. of 20 points): A. Leverage of Funds - What level of leveraging of CDBG funds with other funding sources has been proposed for the proposed program/project or demonstrated in the current operating budget for the program/project? Measurement Examples: No Leveraging Some Leveraging Moderate Leveraging Considerable Leveraging 0 120 No or Little Leveraging = Proposed program/project will be funded enrirely with CDBG finds from CDBGfinds. 31 to 65% of the revenues used for the proposed program/project will be from CDBGfinds. CDBG fud. - - 65 to 95% of the revenues used for the proposed program/project will be - - - - 0 to 30% of the revenues used for the proposed progranJproject will be from 456 789 10 3 Some Moderate Considerable SCORE Leveraging Leveraging Leveraging B. Financial Stability - Do the financial statements of the organization indicate a relatively stable financial position? (i.e., diversifedfunding revenues and support, revenue exceeding expenses, fund balance) Measurement Examples: No Capacity One source offinding (CDBGJ and few, if any, assets. Revenue does not cover expcmes. Fund balance is negative. A few sources of funding and assets. Revenues equal expenses. No find balance. Moderate Capacity - Several sources of finding and assets. Revenues equal or slightly exceed expenses. Some fund balance to carry over. Considerable Capacity - A wide variety offinding sources and substantial assets. Revenues notably exceed expenses with significant fund balance. - - Some Capacity - - - 0123 456 7@9 10 L No or Little Some Moderate Considerable SCORE Stability Stability Stability Stability CDBG Program Evaluation Form Page 4 c 111. BENEFITS & BENEFICIARIES (Mar. of 60 points): A. Access to Program/Service - Is the proposed program/project easily accessible or convenient to Carlsbad residents? Measurement Examples: Not or Not Very Accessible = Service office located more than a mile outside 01 Carlsbad and office is not located directly along any public transpottation routes. directly along any public transportah*on routes. Senice office located outside of Carlsbad butprovides transporlation to and from service locarion aNor ofice is located directly along public transportation routes. Service ofice located within Carkbad or provides services directly to client's residence. Fairly Accessible - - Service ofice located within a mile of Carkbad and ofice is not located Accessible = Very Accessible = 024 579 10 12 14 15 13 Not or Not Fairly Very SCORE Very Accessible Accessible Accessible Accessible B. Benefit to Lower Income Persons - To what extent does the proposed program/project benefit low income persons? Measurement Examples: Some Benefit Considerable Bemfit No or Little Benejt Moderate Bene@ = Less than 30% of clients are of low income (50% of MFI). 61 to 80% of clients are of low income (50% of MFI). = - 30 to 60% of clients are of low income (50% of MFI). More than 81 46 of clients are of low income (50% of MFl). = 0 2 4 509 10 12 14 15 7 No or Little Some Moderate Considerable SCORE Benefit Benefit Benefit Benefit C. Benefit to Carlsbad Residents - To what extent does the proposed program/project benefit low income Carlsbad residents? Measurement Examph: No or Little Bene@ Some Benefit Moderate Benefir Considerable Benefit E Serves 1 to 15 Carlsbad residents annually. Facility located outside of Carlsbad Serves 16 to 50 Carlsbad resiaknts annually. Facility located just outside of CarlsW Serves 51 to 99 Carlsbad rednts annually. Facility located in Carkbad but serves less than 50 reside- Serves more than 100 Carlsbad residents annually aflor facility located in Carlsbad and serves more than 51 reskiem. P = = 024 579 a1214 15 No or Little Some Moderate Considerable SCORE Benefit Benefit Benefit Benefit I i CDBG Program Evaluation Form Page 5 L D. Iv. A. Needs of Low Income Residents - To what extent does the proposed program/project meet the needs of low-income residents? (i.e., relation to Consolidated Plan priorities, special nee& population served) Measurement Eramples: Not A&quate = Fairly Adequate - Adequate - More than A&qme - 024 57 Not Fairly Adequate Adequate - Meets no prioritized need of the Consolidated Plan. Meets a low priority need of the Consolidated Plan. populations. populations. Serves no special nee& Serves no special nee& . ._ Meets a medium priority need of the Consolidated Plan. Serves special nee& populations. Meets a high priority need of the Consolidated Plan. 9 10 12 14 15 13 More than SCORE Adequate Adequate COMMENTS: )/rm7lVk4 mz I4-WI-Y. e-sw-5 Eu=Iaz-LY kblJ13>ltpppcsD. IMPLEMENTATION OF PROJECTPROGRAM (Max. of 5 points): Implementation/Expenditure of Funds - To what degree has the organization demonstrated a readiness to implement the proposed program/project and expend the CDBG funds within the one year period? (i.e.. progra'am/project is in planning stage oniy, identification awor commitment of other funding sources for completion of program/project, program/project already in operation or started) Measurement Examples: No or tittle Some Moderate High 0 No or Little Degree of Readiness - - E ProgranJproject in development stage only. No specijic site selected No construction or construction related plans completed Program operating for less than one year. Specific site selected and ready to submit purchase offer. Architectural, engineering plans and other plans being drafted to open bid process. Site selected and oJer accepted or option to buy. Program operating at least two years. Construction work ready to begin by July 1st. Property to be in escrow by July 1st. - - Program operating for at lem one year. Construction drawings completed and ready L A SCORE 1 2 3 4 0 Some Moderate High Degree Degree of Degree of of Readiness Readiness Readiness COMMENTS: TOTAL POINTS RECEIVED (Maximum of 100 Points Possible): 73 SCORE REQUEST FOR FUNDS 1996-1 997 Entitlement Year to City of Carlsbad Housing and Redevelopment Department 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 December 28, 1995 from Community Resource Center 650 Second Street Encinitas, California 92024 - CITYOFCARISBAD - CDBG PROGRAM CEECKLIST OF REQUIRED DOCUMENTS The following information is required of all CDBG applicants. Private organizations receiving CDBG funds from previous years do not need to submit documents if they are on file at the Housing and Redevelopment Department and these documents have not changed since initially submitted. Program Yeat: 1996 - 1997 Title of ~ogram/proj~t: Carlsbad Community Resource Center Name of Agency: Address: Community Resource Center 3138 Roosevelt, Suite H Carlsbad. CA 92008 0 3 d El Board of Directors' authorhtion to submit CDBG application Board of Directon' designation of authorized offxiaI(s) List of Board of Directors State and Federal tax exemption determination letters Funding proposal application. May include the following attachments: d' Organizational chart d ' d % Most recent Independent Audit Report 0 Implementation schedule dh Resumes of identified key personnel Proposed budget, itemizing revenues and expenses Financial Statements for the last 2 years ! bu,, , , r,unlry norninisrrarive Office Encinilas Social Services Carlrbad Soclal Services 650 Second Streel Resource - Enclnitas. California 92024 Encinilas, Car - \ia 92024 Carlsbad. California 92008 'elephone: (619) 753-1156 Telephone: (6 , 753-8300 Telephone: (61 9) 729-9300 Fax: (61 9) 753-0252 656 Second Streel 3138 Roosevell Streel. Sune H Fax: (61 9) 753-0252 Fax: (619) 729-9399 Center Board Officers and Directors Addresses, Occupations & Telephones - 1995/1996 - BOARD OFFICERS President Gregory L. Murrell 655 Second Street Encinitas, CA 92024 Vice President Veronica J. Seay 982 Santa Florencia Solana Beach, CA 92075 Treasurer Becky Cofgan 136 Village Run East Encinitas, CA 92024 Secretary Ed Kaiser 135 Saxony Road Encinitas, CA 92024 Attorney at Law Mitchell & Murrell 61 9-753-6327 Executive Director Coastal Community Foundation 61 9-755-0639 Owner Sci-Tec h Communications 61 9-436-6325 V,P./Manager San Dieguito National Bank 619-436-5226 Community Resource Center Board Officers and Direc - fs, cont'd, LIST OF DIECTOflS David A. Billings 255 Sanford Street Leucadia, CA 92024 Peter DeFrancesca 144 West "D" Street Encinitas, CA 92024 Richard M. Freeman Law Offices of Sheppard, Mullin, Richter & Harnpton 501 West Broadway, Ste. 1900 San Diego, CA 92101 William H. Gish 111 1205 Santa Fe Drive Encinitas, CA 92024 Deacon AI Graff P.O. Box 674 Rancho Santa Fe, CA 92067 . Robert G. Halliday 4285 Ibis Street San Diego, CA 92103 Mary Lapham 345 S. Nardo Solana Beach, CA 92075 Walter Lehmann 1555 Summit Cardiff, CA 92007 Dr. Marshall B. hubin 756 Grand Avenue Carlsbad, CA 92008 Mary Helen Rubalcava 2360 Seasons Road Oceanside, CA 92056 Evelyn Weidner 537 Ocean View Ave. Encinitas, CA 92024 .- General Counsel So. California Soil & Testing, Inc. 61 9-280-4368 Partner Grice, Lund & Tarkington CPA's 6 1 9-753- 1 1 57 Administrative Partner Sheppard, Mullin, Richter & Hampton 61 9-338-6609 Pres id ent Gish's Pacific Flowers Inc. 61 9-436-9080 Deacon Saint James Catholic Church 61 9-756-1 895 Owner Halliday Construction 61 9-295-5700 Owner San Dieguito Publishers 61 9-744-09 10 Management Consultant 61 9-942-0232 Owner Marshall 6. Lubin, D.C. 61 9-434-4743 Outreach Worker San Diego County Library 61 9-755-7859 Owner Weidner's Begonia Gardens 619-436-2194 . FRANCHISE TAX BOARD Telephone: (800)852-57~ $kRAMENTO, CALIFORNIA 95867 COXMI" BGSODRCE CESJTJZR Attn.: Ronald W. Egger 275 Estrelita Dr. Vista, CA 92083 December 13, 1979 In reply refer to 344: TIC:vc:g Charitable ' 0967931 Purpose Form of Organization : Corporation Accowiting Period Ending: September 3o Organization Number On the basis of the information submitted and provided your present operations continue unchanged or conform to those proposed in your application, you are exempt from state franchise or income tax under Section 23701d, Revenue and Taxation Code. m\i& be reported immediately to this office 60 that we may determine the effect on your exempt status. You are required to file Form 199 (Exempt Organization Annual Information Return) or Form 199B (Exempt Organization Annual Information Statement) on or before the 15th day of the 5th month (4 1/2 months) after the close of your accounting period, annual instructfons ,with forms for requirements. Any change in operation, character or purpose of the organization Any, change of name or address also must be reported. See You are not required to file state franchise or income tax returns unless you have income subject to the unrelated business income tax under Section 23731of the Code. In this event, you are required to file Form 109 (Exempt Organization Business Income Tax Return) by the 15th day of the 3rd month (2 1/2 months) after the close of your annual accounting period. . If the organization is incorporating, this approval will expire unless incorporation is completed with the Secretary of State within 60 days, Exemption from federal income or other taxes and other state taxes requires separate appli tions. *Thie exemption effective November 26, 1979. &k%rd=& aempt Oreanhation Section CC: Registq of Charitable !bust&? Internal Revenue Service District Director Community Resource Center 1042 A fat Street Encinitas, CA 92024 e. Dear Applicant: * Department of the Treasury ' ~?~:m:80 '. &aqo Fmpfoycr Identificrtfon Niimben Accounllng Period Ending: September 30 Form990Required: (fJ Yes 0 No 95-3497 92 6 Pcrron lo Contack B. Brewer Contact Tete hone Number: (213) 6d-4553 Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal. income,'tax under section 501(c) (3) of the Internal Revenue Codo. -- We have further determined that you are not a private foundation within the moaning of section 509(a) of the Code, because you are an organization described in section 509(a)(2).- " IS your sources of support. or your purposos. character, or method of operation 3hange, please let us know so we can consider the effect of the change on your exempt status and foundation status. Also, you should inform us of all changos in your name or address. Generally, you are no< liable for social security (FICA) taxes unless you file o waiver of exemption certificate as provided in tlie Federal Insurance Contributions Act. If you have paid FICA taxes without filing tho waiver, you should contnct us. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Since you are not a private foundation, you are not subject to the exoiso taxes . under Chapter 42 of tlie Code. However, you are not automaticqlly exempt from other Faderal excise taxes. If you have any quostions about excise, employment, or other Federal taxes, please let us know. Donors may deduot contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or girts to you or for your use 'are deductible for Federal estate and gift tax purposes if tlioy meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. The box checked in the heading of this letter shows whether you must file Form 990, Return of Organization Exempt from Income tax. If Yes is checktd, you are required to file Form 990 only if your gross receipts each year are normally more than $10,000. If a return is required, it must be filed by the 15th day of of the fifth month after the end of your annual accounting period. The law imposes a penalty of SlO a day, up to a maximum of 85,000, ?hen a return is filod late, inless there is reasonable cause for the delay. ! ! P.0: Box 2350, Lo$ Angelsr, Calif. 98053- fever) Letter 947(DO) (5-77) CITY OF CARLSBAD COhfkW DEVELDPMEdW BLOCK GWN” PROGRAhl FUNDING PROPOSAL APPLICi- “LON 199697 The following information must be completed by each persodagency/organkation interested in being considered for CDBG funding. All information requested must be provided or the application will be considered incomplete and will not be hrtber evaluated for funding consideration, Please type or print clearly. Attach additional sheeu or information as necessary. c ADMTNIWRA’IING AGENCY Name of Agency: Address: 650 Second Street Community Resource Center (CRC) Encinitas, CA 92024 Federal Tax I.D. Numbet: 95-3497926 PRoGRMIIPRoJECT Carlsbad Community Resource Center Title of Program/Projea: Location of Program/Project: 3138 Roosevelt, Suite H Carlsbad, CA 92008 Contact Person:/s: Sally Risqs/Ann King Telephone No.: (661 9)753-1156 Requested Funding Amount: $ 13,400 . Brief Description of ProgradProjeCt (Describe the work to be performed, hcludiig the activities to be undertaken or the services to be provided, the goals and objectives of the progrdproject, ac.): ,The Carlsbad office of Community Resource Center (CRC) provides services to individuals and families In need, helDinq them tQ become more self-sufficient. CRC offers bilingual emergency assistance; information and referral; case manaaement: cow : Droblem solvlng: crisis intervention: translation and forms assistance. CRC also staffs the Federal Commod- ~e. One of the most important ways in which CRC serves the community is in treatinq our clients with resDect and encouraqina them to formulate and pursue their own realistic solut ions to the oroblm they exDerie nce. Please refer to attached list of qoals and objectives. Brief Description of Program Goal The Carlsbad Office of the Community Resource Center provides services to individuals and families in need. The goal of the Carlsbad CRC is to improve the quality of life for residents of Carlsbad by providing a multitude of services geared toward the promotion of self-sufficiency 0 bjective To reduce and prevent homefessness in Carlsbad Activies 1) 2) To provide one time rental assistance to people in a situational crisis (ie. family illness, violent crime) To provide one time assistance for a security deposit to enable people to upgrade from "near homeless" living situations, such as motels, and to assist people graduating from shelters and transitional housing programs To develop and maintain a directory of low cost housing referrals in the Carlsbad area To provide case management services and other support in order for clients to maintain stable housing once it has been obtained 3) 4) i LILY OL Larlsbad 1996-97 CDBG Funding Apdication Page 3 I, ORGANIZATIONAL ABIL.ITY/CAPACITY A. This agency is: t9 Non-profit 0 For-profit 0 Lmal public agency 0 State public agency 0 Other (Please specify.) B. What is the purposdmission of the agency? To help people help themselves and to foster a sense of community. The CRC assists people in crisis and helps them make plans and effect chanqe in order to avoid a future crisis. C. How Ioag has this agency been in operation? Please include the date of incorporation? Since November 26, 1979 D. How long bas rhii agency been providing the proposed progradproject? Since June of 1993 in Carlsbad; since November of 1979 in Encinitas, where Carlsbad residents were served as well. E. Please describe the agency's existing staff positions. (May substitute an organizational Chart.) Organizational chart attached. F. Please describe the agency's existing staff positions direaly responsible for the proposed progrdproject and their qualifications and experience in implementing such a programlproject. (Resumes may also be submitted.) Rems awed. .. .. * b . . .. _. .- "%'. . - .--. -. . . . .^ . - ." - . . . , .. .. ._ . .. '. .-- . . . .. r I I ANN KING 235 Leucadia Blvd Encinitas, Ca. 92024 (61 9) 436-7585(h), 753-1 156(~) EDUCATION Master of Social Work, in a program which emphasized systems theory for both therapy and management. San Diego State University, May 1987. GPA: 3.8 Bachelor of Science, Community Services Counseling major, psychology and sociology minors. Wayne State College,Wayne, NE., April 1980. GPA: 3.3 EXPERIENCE Executive Director, Community Resource Center, Encinitas, Ca. Responsible for the day to day administration of a nonprofit organization in North Coastal County of San Diego. Programs include emergency services, homeless services, food assistance, shelter, transitional housing, 24 hr. domestic violence hotline, counseling, and an emergency shelter for battered women and their children. Community, staff, program and board development. Mar. 1995 Area Director, Episcopal Community Services, San Diego, Ca. Responsible for the administration of a collection of programs designed to work with people in transition, which primarily relates to homelessness, mental illness, poverty, substance abuse, violence, unemployment, refease from prison. Develop budgets, program proposals, community resources. Hire, train and supervise program managers. Oversee 19 contracts and relate to 26 various funding sources. Programs include: Empfoyment Assistance for Downtown Homeless; Downtown Work Center; SRO Transitional Housing; Literacy; Dual Diagnosis Residence; Day Center for Homeless Mentally 111; NlMH Employment Project; Men's Transitional Housing; Women and Children's Transitional Housing; Counseling; Ex-Offender Residence; Emergency Assistance; Legal Aid; . Men's Domestic Viotence Treatment: Crime Victim Hotline; Victim Recovery Centers. 1990-1 995 Manager of Emergency Services, Episcopal Community Services, San Diego. Responsible for the management of 4 programs: 1. Emergency Assistance - Meeting crisis needs primarily of the downtown homeIess and near-homeless. Includes Emergency Shelter Program and the ECS portion of Interfaith Shelter Network's Transitional Housing Program. .. 2. Julian's And- age - A small, long-term residentbur program for homeless, abused women and children with comprehensive services. 3. Ex-Offender Re-Entry - A 60-Bed residential facility for parolees. 4. Counseling - Crisis intervention and brief therapy. Responsible for contract compliance; hired, trained and supervised paid, interning and volunteer staff. 1989-90 Director of Services, Battered Women's Services, YWCA, San Dfego. Was responsible for general operation of BWS during prolonged absence of Executive Director. Supervised program coordinators, social work interns, administrative office staff. Managed media requests, staff devefopment, community relations, contract compliance, fund development. Member of YWCA management team. 1988-89 Coordinator of Speaker's Bureau/Counselor, Center for Women's Studies and Services, San Diego;. Public speaking on prevention of violence against women. Coordinated volunteers for community education events. Trained and supervised interns, facilitated women's support groups, provided long and short term counseling. Initially worked as intern providing hotline and individual counseling for assault and other concerns. 1985-88 Them pistlco un selo r, He artla n d Human Re l a tions Association, La Me sa. Counseled individuals and families primarily in transitional situations. Included voluntary and involuntary clients. Crisis intervention, long and short term therapy. Completion of quarterly reports. 1987-88 Graduate Teaching Assistant, College of Health and Human Services, San Diego State University. For "Cultural Pluralism", prepared and delivered lectures, led discussions, graded papers. 1 986-87 Residendal Counselor, Covenant Children's Home, Princeton, ILL. Development and implementation of treatment plans for emotionatly disturbed youth. Guided residents toward eventual family reunification, foster placement, or Independent living. 1 980-82 Special Assistant, Housing and Counseling Department, Wayne State College, Wayne, NE. Paraprofessional counseIor and disciplinarian for residents in co-ed dormitory. Responsible in senior year for independent assignments for the department, assisted undeclared majors, co-facilitated leadership workshops for student groups, coordinated activities relevant to the department. 1977-80 .. .- Sally Rtggs 444 Brrooke8 Ave. San Dlego, CA 92103 (619)2- MISSION To utilize my skills and background in social sm'ces management, pubnc health research and health promoth EDUCATION: MPWMSW San Diego State Universfty Concentration in Maternal Child Health BA (English) University of Misskslppl Minor in Business Adminlstratbn EXPERIENCE (September 1994- Emergency Assistance Program present) Epfscapal Cornmunfty Senrlces - San Dlego, CA Manage emergency sendces program located in downtown San Dlego. DutIes indude staff, vdunteer and intern supervision and training, budgeting, fundmising, research and grant writng. (August 1993- P- September 1994) Wellstart International - San Diego, CA Assisted with research and development fn evaluation department of an lntematlonal organization promoting women and infant heatth worldwide. (August 1992- - August 1994) Graduate School or Pubtlc HeaHh San Dfego State University Oversaw all aspeds of graduate revel Intemshlp program, lndudlng job training, community outreach, job placement and publlc relations. (August 1992- May 1993) Armed Sewices YMCA - San Dlego, CA Conducted hospital and home visits, case management . and &is Intervention to milttary families. -. EXPEfUENCE (cvntrnued) ... . (Summer 1992 & 1993) San Dfego Medfcare Preventbe Health Profect Admfnlstered written and oral questionnaires to geriatric population to measure heatth and wet) being. (April 1990- h August 1992) Planned Parenthood - San Dlego, CA Provided HIV, Mrth confroI and pregnancy munsefing and education to high risk population. HONORS: Chancellor's Honor Roll Kappa Deb Honds Sodety PROFESSlONAL AFFILIATIONS Community Fd and Nutrition Core Advisory Board Metropolitan Area Providers of Sodat SenAces (MAPS) COMPUTER WordPerfect 5.1, Microsoft Word, Lotus 123 REFERENCES References Avar'lable Upon Request - - Catherine Allison Sellers 2 120 Howard Avenue . San Diego, CA 92104 (6 19) 683-2632 Education Columbia College, New York, NY B.A. in History, May, 1991, Dean’s List (GPA: 3.5) Experience San Diego Youth and Community Services (SDYCS), San Diego, CA Volunteer Coordinator Apprentice, January, 1995-Present. Interviewed, screened, placed and trained volunteers in day treatment center for high-risk adolescents. Responsible for volunteer recognition, retention and tracking, as well as conducting and attending trainings and meetings. Trained agency staff, participated in outreach and planned community development activities. Social Advocates for Youth (SAY), San Diego, CA Administrative Assistant, January, 1995-Present. Collected and processed statistical information on clinical services for monthly and quarterly reports, c.onducted, analyzed and presented research for grant applications, reviewed casefiles and assured contract compliance, managed client database and assisted in creation of new database. Supervised administrative work of clinical staff. Women’s Resource Center, Oceanside, CA Domestic Violence Hotline Volunteer, September, 1994-Present. Episcopal Community Services, San Diego, CA Victim Recovery Center Hotline Volunteer, September, 1994-Present, FUXDECI, Community Development Organization, Managua, Nicaragua Volunteer, December, 1993. Assisted with interviews (in Spanish), edited grant proposals, revised publicity materials, trained employees on computer software. Peermusic, Music Publishing Firm, New York, NY Legal Assistant, July, 1991-Apn1, 1993. Wrote &id revised ContmtS, mriducted negotiations for music licerising managed &tiib&~t for all legal department matters, corresponded with composers and attorneys, - Skills Trainings: Community Mediation, Crisis Intervention, HWAIDS, Chemical Dependency Typing: 80 \vpm. Foreign Languages: Spanish, German. Word Proce&hg: WordPerfect, Microsoft Word, Wordstar. Database Management: Paradox, QM, Sidekick, Artfile. Desktop Publisbing: PageMaker, Persuasion. *** *** *** *** *** *** *** JANET La PULLEN 1576 BUCKBOARD DRIVE (619) 758-2328 OCEANSIDE, CA 92057 SUMMARY OF ACCOMPLISHMENTS Implemented and administered fiscal policies of a major 5 year, 1.5 million dollar federal grant from the Department of Health and Human Services. policies also incorporated City, State, and County guidelines. These fiscal Developed and implemented contract proposals, sub- contractor agreements, and grant proposals. Successfully completed favorable audits which were performed in accordance with GAAP and also in accordance with strict federal guidelines as outlined in Federal OMB Circular A-133. Developed an accounting department which included the establishment of a computerized accounting system from the start-up phase, as well as the development of internal controls which complied with strict federal guidelines. Developed a computerized payroll system and also a computerized fixed asset system. Developed and wrote an extensive accounting manual as well as a health and safety manual to meet the current OSHA guidelines . Designed and implemented an extensive expense program which allowed management to effectively analyze in detail expenses of over 50 cost centers. PROFESSIONAL SKILLS * Ability to delegate * Lotus 123 * Innovative and visionary * Wordperfect 5.1 * Positive attitude Quattro Pro 3.0 * Ability to develop. a team concept * DBase IV * Excellent written and oral * Print Shop cornmication skill * Acc Pac Accounting PROFESSIONAL EXPERIENCE Financial Manager - Non Profit Organization 12/91-Present Oceanside, CA Responsible for the overall fiscal and contract management of a federally funded non-profit agency. Responsibilities included financial reporting; budget preparation, planning and forecasting; financial analysis; purchasing and inventory control; all payroll and payroll tax reporting; fiscal compliance and reporting to Federal, State, County and City funding Directors in monthly meetings; participated in and represented the agency at various City, .County and community-wide management meetings . . authorities; regular attendance at and reporting to the Board of Accountant - J. Michael Management Oceanside, CA 7/90-12/91 Responsible for the overall fiscal management of approximately 12 Prepared all monthly financial reports which were presented to the Board of Directors on a monthly basis. Responsible for yearly budgets as well as 5 year forecasting for all associations. A160 responsible for accounts payable, payroll, and prepared all special reports as requested from Board members. .homeowners associations. Accounting Supervisor - Home Savings of America 3/89-4/9 0 Irwindale, CA Responsible for the overall operations of the Credit Card Center's Accounting Department which included a staff of 8 clerks and Responsible for the monthly financial reports; the budgeting and forecasting for the credit card center which included assets of $500 million; all monthly and quarterly financial reports to regulatory agencies; analysis of departmental expenses and association loss repqrts; and special projects for management. Developed an automated accounts payable system from the existing manual system. - accountants . Janet Pullen Resum6 Page Two Assistant to the Chief - Progressive Savings C Loan 12/86-12/88 Financial Officer Pasadena, CA Direct assistant to the Chief Financial Officer in a medium sized Savings and Loan. Responsible for the cash control and investment of the Association's excess reserves, preparation of the tax returns for the Association and its subsidiaries, special projects which included extensive work on the year end proxy's, branch sale proposals, stock offerings, and development of loan packages to sell. Designed and implemented an extensive cost center program which, facilitated analysis,of variances in expenses of individual branches and cost centers. Accounting Manager - Republic Federal Savings L Loan 12/84-12/86 Pasadena, CA Responsible for a staff of 10 clerks and accountants in the Accounting Department of a large Savings and Loan with assets of approximately 1.5 billion. Responsible for the restructuring and reorganization of the accounting department upon acquisition of Weyerhauser Corp.; supervised a staff of clerks and accountants in the areas of cash management, financial reports, monthly and quarterly Federal Home Loan reports, monthly tax estimates, accounts payable, fixed assets, G/L reconciliations, monthly REO and Loan Loss reserve analysis, and year end audit schedules. EDUCATIONAL BACKGROUND Univereity of California at Los Angeles B.A. Economics, June 1980 REFERENCES \ Will be furnished upon request . LlbJ Ul Lakouau 1996-97 CDBG Funding Ajplkatlon . Page 4 G. Please indicate your agency's level of experience with be CDBG program and/or other State or Federal Funding Sources. CDBG Dronrm: 0 No past experience. 0 0 B Some 'experience, 1 to 2 years of using CDBG hnds. Moderate experience, 3 to 5 years of using CDBG funds. Considerable experience, more than 5 years of using CDBG funds. Qther StatelFederal FundinP Sourceg 0 No past experience. 0 0 &I Some experience, 1 to 2 years of using other Statflederal funding SOUIECS. Moderate experience, 3 to 5 years of using other StatelFederal funding sou~ca. ConsiderabIe experience, more than 5 years of using other StatelFederal funding sources. H. If you have received federal finds, including CDBG funds, in previous years, have program violation findings ever been made against your agencylorganization? a NO 0 Yes If yes, please explain nature of finding@) and how finding(s) has been addressed by your or anization. fie have carried in our audit for 2 years a "Dossible finding" in regards to property acquisition with HUD funds. Also, misa I loca t ion of -occurred in 1992 and has sin- resolved to HUD's satisfaction. lT. FINANCIAL CAPACITYISTABILITY A. Please attach the proposed budget for the progradproject, itemizing revenues and expenses, to this application. Indicate how the requested CDBG funds would relate to the overall proposed budget. B. Please submit a copy of the organization's financial statements for the last three years and a copy of the most recent PA Audit Report. C. Did you receive any of the following sources of funding from the City of CarIsbad last year (July 1994 to June 1995) for the proposed programlprojea? Sources of Funding & xzs CDBG Community Activities (General Fund monies) * *We' are anxiously awaiting word on a possible request process. Community AdminktrJti*e Office EnciniCac SOCiJl Services Carlsbad Sociel Services 650 Second Street 656 Second Street 3138 Roosevelt Sirest. %n,H Resource-- Eoanilas. Calflomre 92024 EnciJtas. C iia 92024 Cekbad. Caliiomia 92008 Telephone: (619) 752-1158 Teltyhne: (b. 4) 7534l300 Telephone: (619) 720-9300 Center Fax: (619) 753.0252 Fax, (619) 753.0252 Fax: (619) 729.9399 BUDGET SECURITY DEPOSIT PROGRAM Personnel 3,200' Tax & Benefits 576 Assistance 9,600" OfficeSupplies - 74 $1 3,400 '$3,200 represents 10 percent of the Social Services Manager's annual salary ** the program will aid 24 clients with $400 toward a security deposit to secure housing ($400 x 24 clients = $9,600) Communjv Adminlslrative MTt Encinitas Social Services Carlsbd Social Scrvicer 650 Second Stred Resource Encnitas, Calif0rr.a 92024 Encinitas, C 'nia 92024 Ca:l*d, Caliiornia 92008 Telephone: (619) 753-1156 Telephone: (big) 753-8300 Tekpmc: (619) 729-9300 656 Second hee! 3138 Roosevelt Street, Stifle H Faw: (619) 753-0252 Fax: (619) 7539252 Fa: (619) 729-9399 Center BUDGET RENTAL ASSISTANCE PROGRAM Personnel 3,200" Tax & Benefits 576 Assistance Lu!Q!2z $8,576 * $3,200 represents 10 percent of the Social Service Manager's annual salary ** $4,800 reflects up to $400 in rental assistance per clieni to benefit a minimum of 12 clients ($400 x 12 clients = $4,800) TOTAL P.83 a i i c c c 2 8 d F n F s U NOVflN.XLS - DRAFT Community RIpoUrCb Centsr Fi.d Strtamarrt. A. of November 30.19% Nov NW Y.T.D. Y.T.D. V.n'MC8 Woa Aawl. Nw. k4w NW. Actudr variura PUBLIC SUPPORTMENUE Sib Fundraising Events 0 6.648 22.780 6.648 9.218 17.178 7.960 (4.535) 0 22780 50.905 46,370 4.220 .. 12,066 7.846 26.942 47.051 20.115 Othsrlncom. Thrift Store lneome HUD Grant CTmt Feer CDBQ Oranis other GranWChtrads Lii GrMt Mi Income Subtotal 40.917 6.116 300 6.900 2.667 16,796 0 73,696 32.900 3.684 170 6.306 1,735 17.44 1 32 62.268 421.821 56.630 2.712 24.435 21.869 104.263 100 631.830 397.41 I 42.855 2.721 18.380 18.505 69.154 881 649,913 (24.41 0) (13.775) 15 (6.055) (3.364) (35.109) 78 1 (8 1.9 171 TOTAL REVENUE 77,916 103.762 26.846 718,895 660,618 (68,377) EXPENSES wi* 0 1.639 (I ,639) 2,126 4.017 (11.363) 12132 18.922 (1.891) (6.790) 0 11.363 Diroct AJd DiredAssii HUD Prpsram Libn RoQram 50 3.988 5.656 30 690 798 6.031 32.81 1 15.806 (1245) 51.828 30.008 (W 17.005 21.819 oP-- SaiarieahRelatedCUSt c)oarpMcy -kma TOTAL EXPENSES Net Incorn. 42.697 10.799 1.828 5.168 41.742 11.308 6.344 5.525 945 396.776 367.126 (509) 133.058 135,306 (4.51 6) 19.9Sl 27.343 (357) 83.034 78.117 29.650 (2.248) (7.352) 5.317 70,176 82,799 66.402 7,740 20,963 13,223 (13.9Slj (1 6.926) 0 38,324 38.324 13,223 (622751 (66.260) (2976) 0 (2.976) 3.484 3.484 4,268 17,479 I COMMUNITY RESOURCE CENTER FEI[N: 95-3497926 FINANCIAL REPORT AND FEDERAL AWARDS SUPPLEMENTAL INFORMATION DECEMBER 31,1993 I & SCHMITT ACCOUNTANCY CORPORATION COMMUNITY RESOURCE CENTER FEIN: 95-3497926 FINANCIAL REPORT AND FEDERAL AWARDS SUPPLEMENTAL INFORMATION DECEMBER 31,1993 CONTENTS Paqe INDEPENDENT AUDITORS’ REPORT ON THE BASIC FINANCIAL STATEMENTS AND SCHEDULE OF FEDERAL AWARDS Balance sheet Statement of activity and changes in fund balances Statement of functional expenses Notes to financial statements . SUPPLEMENTARY INFORMATION Schedule of federal awards INDEPENDENT AUDITORS’ REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE WITH LAWS, REGULATIONS, CONTRACTS AND GRANTS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOYERNMEKT AUDITING STANDARDS INDEPENDENT AUDITORS’ REPORT ON THE INTERNAL CONTROL STRUCTURE USED IN ADMINISTERING FEDERAL AWARDS INDEPENDENT AUDITORS’ OPINION ON COMPLIANCE WITH SPECIF IC REQUIREMENTS APPLICABLE TO MAJOR PROGRAMS INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE WITH THE GENERAL REQUIREMENTS 1 and 2 3 4 5 6-9 10 11 - 13 14 15 - 17 18 19 \VEST TURNQUIST -I & SCHMITT 2550 FlJ?b Aveirire, Tenth Floor (619) 234-6775 Fnr (619) 69GG581 INDEPENDENT AUDITORS' REPORT ON THE BASIC Snn Dipgo. CA 92103-GG25 FINANCIAL STATEMENTS AND SCHEDULE OF FEDERAL AWARDS To the Board of Directors Community Resource Center Endnitas, California We have audited the accompanying bal ance sheet of Community Resource Center as of December 31, 1993, and the related statements of activity and changes in fund balances, and functional expenses for the year then ended. These financial statements are the responsi bil i ty of the Center's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial ,statements referred to above present fairly, in all material respects, the financial position of Community Resource Center as of December 31, 1993, and the results of its operations for the year then ended, in confomi ty with generally accepted accounting principles. As discussed in Note 11 to the financial statements, the Organization expended certain grant funds in a manner that may have been inconsistent with certain restrictive provisions of the related grants. The possible outcome of these matters, which is being reviewed by HUD officials, is uncertain at this time. Accordingly, no provision for any liability has been made in the financial statements for possible grantor claims for refunds of those grant monies. JAMES H. WEST, CIA. WlLLLL\.I H. TURXQtiIST. CXA. CW I? SCHMlTT. CCA. EDWW W MTROSSER. C.PA MARK E. SlcSL4HON. CPA. Jlrtirbur of Tbr A iiwricui: Griurp oif C.R.4. firms. wilb oiflicrs ti: priiiclpiil cltii*s rr~~rliltc~i~le A ffi'ilict~nl with the .4iiirriciii: Inslitutr i,/ C.P.4.s dirisiiiii o,/ firins To the Board of Directors I Community Resource Center Page 2 Our audit was made for the purpose of forming an opinion on the basic financial statements of Community Resource Center taken as a whole. The accompanying schedule of federal awards for the year ended December 31, 1993 is presented for purposes of additional analysis and is not a required part of the basic financial statements. The information in that schedule has been subjected to the procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. Edward W. Kitrosser, C.P.A. for WEST, TURNQUIST & SCHMITT San Diego, California April 13, 1994 -2- h-QI CD * U 4: m ON 0 -a. Ln H * ! H "I HI U c 3 3 s 0 3 n U-U c QIeVI U QI c, U n m b rn n z c r F rn c, 0 z < L a .. q, -lo 3 000 0 QI f- rn a H c c, .r t c c m u E m c LL 0 +r c Y) W +., 0 z W W # - COMMUNITY RESOURCE CENTER STATEMENT OF ACTIVITY AND CHANGES IN FUND BALANCES Year Ended December 31, 1993 (With Comparative Totals for the Year Ended December 31, 1992) Year Ended December 31, 1993 Year Ended Current Funds Property Total December 31 Unrestricted Restricted Fund A11 Funds 1992 (Note 7) public support and revenue: Public support: contributions and fn-kind donations Grante and contracts special fund raising (net of direct costs of $19,114 in 1993 and $171517 in 1992) Total public Support donat ions Revenue I Rental income Thrift stores Client fees Interest income Total revenue Total public sup- port and revenue Expenses : Program servicest Thrift stores Direct support Hous ing Total program services Supporting services: Management and general '.Fundsa is ing Total supporting Total expenses Exceaa (deficiency) of public support and revenue over expensee Transfer of current funds for: Interest expense Property and equipment acquisit ione Payment of debt Fund balances: Beginning of year End of yeax services 77,715 0 0 77,715 174.459 240,475 361,753 0 602,228 1,045,146 5,824 0 0 51824 7,725 412 8202 0 0 412 8 202 343 8 007 9,701 0 0 9,701 15,812 4 74 0 0 4 74 790 428,201 0 0 428,201 367.334 668 , 674 361.753 0 1,030,429 1,412,480 280, 937 0 8,284 289,221 298,119 212 8 827 68,174 15, 971 296,972 336,153 41,452 78,132 38,478 158,062 138,304 535,216 146,306 62,733 744,255 772.576 21,900 1038.166 60,936 5,363 25.746 12,548 81,266 0. 20,383 0 101,649 0 27,263 128.912 73,484 873,167 846,060 636,865 146,306 89.996 31,811 215, 447 (89,996) 157,262 566,420 (53, 959) 0 53,959 0 0 (8, 611) (187,736) 196,347 0 0 5,271 0 (5,271) 0 0 s 31,097 S 56,589 $ 786.180 S 873,866 ,$ 716 , 604 56,585 28.878 631,141 716,604 150.18Q See Notes to Financial Statements. -4- c 0 m L m a E 0 V c c, .r t m 2 J; m m .I 4 2 m h u) Q .I 9 Y) (0 0, 'D, t4 s .. Q m Q Q u) W t 9 0 * ob W 5 4 Q ob ob 4 s h W m ob 4 'p. 0 a '1 u P 21 -2 *, 0 c 4 a V L 0 m L. c 9 *, c c e a c 9 *r 0 c m- m (v- m 4 (v-*-m-s- 4- N- ui- m- I Url -5- COMMUNITY RESOURCE CENTER NOTES TO FINANCIAL STATEMENTS Note 1. Nature of Organization and Significant Accounting Policies Nature of Organization: Community Resource Center (Center) is a California not-for-profit corporation. It provides community support through counseling and direct aid to the needy, operating thrift stores, and low-income transitional housing. Significant accounting policies: The significant accounting policies followed are described below to enhance the usefulness of the financial statements to the reader. Method of accounting: The financial statements of the Center have been prepared on the accrual bas i s . Fund account i ng : To ensure observance of limitations and restrictions placed on the use of resources available to the Center, the financial statements are presented in accordance with the principles of fund account- ing. This is the procedure by which resources for various purposes are classified into funds established according to their nature and purposes, The assets, liabilities and fund balances of the Center are reported in self-balancing fund groups, as follows: Unrestricted funds for all resources over which the Board of Directors has discretionary control to use in carrying on the operations of the Center in accordance with its bylaws. Restricted funds which are expendable only for operating purposes specified by the donor or grantor. Property fund which is used to accumulate the net investment in fixed assets. Property and equipment : Property and equipment are stated at cost and depreciated on the straight-line method over the estimated useful lives of the assets. -6- NOTES TO FINANCIAL STATEMENTS Note 1. Nature of Organization and Significant Accounting Policies (Continued) Publ ic support: Publ ic support re.ceived is considered available for unrestricted use unless specifically restricted by the donor and is recognized as revenue when received. Restricted support is recognized as revenue at the time expenses are incurred in compliance with the restrictions. As discussed in Note 8, significant support is received through a five-year grant awarded by the U.S. Department of Housing and Urban Development (HUD) , Donated inventory: Donated merchandise for the thrift stores is recorded as inventory at its estimated realizable value. Investment in land is recorded at its fair market value at the date of donation. Note 2. Inventory Inventory consists of donated merchandise held for resale by the Center's thrift stores, Note 3. Property and Equipment ' Property and equipment consists of: 1993 Land Bui 1 di ng Furniture and equipment Vehicles Leasehold improvements $ 539,937 917.961 71 ; 033 7,110 1992 $ 539,937 638,455 54,078 7,110 4 I975 4: 975 1 . 244,555 1 . 541.016 Less accumulated depreciation * 115: 340 $1,425,675 - 791319 31,165,236 -7- NOES TO FINANCIAL STATEMENTS - Note 4.. Notes Payable Notes payable are comprised of: 1993 1992 Note payable to bank, at 8.5% interest, payable in monthly installments of $2,549 until July 1998, when a balloon payment of $311,554 is due, secured by real property $328,000 $235 , 000 Note payable to bank, at variable interest (currently 6.75%), payable in monthly installments of $2,026 until February 1999 when a balloon payment of approximately $277,000 is due, secured by real property 300,827 305,112 Note payable to bank, at 6.00%, payable in monthly installments of $152, due March 1998, guaranteed by a member of the Board of Directors 6,864 0 Foundation, at 3%, due May 1995 10,000 0 0 967 )645a x541.02 Note payable, unsecured, San Diego Community Note payable to bank, paid in full March 1993 Aggregate maturities over the next five years are as follows: 1995 $19,095; 1996 $9,775; 1997 $10,506; and 1998 $320,726. 1994 $8,462; Note 5. Commitments The Center rents office and store space under various lease agreements. Future minimum lease obligations of $16,446 are due as follows: 1994 $13,354; and 1995 $3,092. The total rental expense for the year ended December 31, 1993 was $59,618. Note 6. Income Tax Status The Center is exempt from income taxes under §501(c)(3) of the Internal Revenue Code and §23701d of the California Revenue and Taxation Code. -a- t - NOTES TO FINANCIAL STATEMENTS - Note 7. 1992 Financial Information The 1992 amounts in the accompanying financial statements are incluGd( to provide a basis for comparison with 1993 and present summarized totals only. The 1992 amounts are not intended to present all information necessary for a fair presentation in accordance with generally accepted accounting principles. Note 8. Transitional Housing Program On February 6, 1992, the United States Department of Housing and Urban Development (HUD) awarded a five-year $1,118,751 grant to Community Resource Center for a Transitional Housing Program. This grant provided one-half the acquisition and approximately 50 percent of the rehabilitation costs of the property. It also covers 75 percent of tenant relocation costs and the first two years of operating costs, and 50 percent of the last three years of operating costs. The program provides case management and housing for homeless families and support services such as child care, employment assistance, food, and counseling as these families make the transition to stable living situations . Note 9. Re1 ated-Party Transactions The following are transactions with companies which employ members of the Board of Directors: 1993 1992 Legal expense Accounts payable Soi 1 s test i ng $ 11,160 $ 2,383 10,906 0 500 0 Note 10. Subsequent Event Subsequent to December 31, 1993, the Executive Director was asked to resign by the Board of Directors. Note 11. Expenditures of HUD Grant Funds HUD officials are currently looking into the value of property purchased during 1992 by the Center for $750,000. They believe this may have been an excessive amount. In addition, HUD officials are also looking into the manner in which certain administrative funds charged to the HUD grants have been expended. The ultimate resolution of these items cannot be determined at this time. No amounts have been accrued in the accompanying financial statements for any potential disallowance of such costs by HUD. -9- COMMUNITY RESOURCE CENTER - SCHEDULE OF FEDERAL AWARDS For the Year Ended December 31, 1993 Federal Grantor/ Federal Proqram Title Number Pass-Through Grantor/ CFDA flAJOR PROGRAMS U.S. Department of Housing and Urban Development : Supportive Housing Demonstration Program NON-MAJOR PROGRAMS Pass-through from City of Enci ni t as : Community Development Block Grant Grant Federal Award ExDendi tures 14.235 $1,118,751 $ 212,270 14.2 Pass-through from City of Carlsbad: Community Devel opment Block Grant 14.218 TOTAL 8 52,3 7 9 000 9 000 $1,180,092 $ 262.097 - 10 - i & SCHMITT Snn Dfego, CA 32 103-GG25 INDEPENDENT AUDITORS' REPORT ON THE INTERNAL CONTROL (619) 234-6775 Fay (619) 69GG58i STRUCTURE BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors Community Resource Center Encinitas, California We have audited the financial statements of Community Resource Center as of and for the year ended December 31, 1993, and have issued our report thereon dated Aprll 13, 1994. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. In planning and performing our audit of the financial statements of Community Resource Center for the year ended December 31, 1993, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control structure. The management of Community Resource Center is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absol Ute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. JAMES H. WEST C.PA. WILLIAM H. lURSQl!lST. C.E.4. CHARLES F! SCHMIT. C.P.A. EDWARD W. UTXOSSER. C.PA LLMX E. .\lc>L+HO.V. C.F!A. To the Board of Directors- Community Resource Center Page 2 For the purpose of this report, we have classified the significant internal control structure policies and procedures in the following categories: b Accounting 0 Cash Receipts 0 Cash Disbursements 0 Payroll 0 Budget/Financial 0 Computer System b Administrative and ComD1 iance/General 0 Civil Rights 0 Cash Management 0 Federal Financial Reports Allowable Costs/Cost Principles 0 Drug-Free Workpl ace Admi ni strati ve Requ i rement s b Admini s trat ive and ComDl i ance/Proqram SDeci f ic Types of Services Allowed Matching 0 Reporting Requirements b Claims for Advances and Reimbursement b Amounts Claimed or Used for Matchinq For all of the internal control structure categories listed above, we obtained an understanding of the design of relevant policies and procedures .and whether they have been placed in operation, and we assessed control risk. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. We noted other matters involving the internal control structure and its operation that we have communicated to the management of Community Resource Center in a separate letter dated April 13, 1994. - 12 - Board of Directors c Community Resource Cente, Page 3 This report is intended for the information of the audit committee, management, and agencies providing federal assistance. However, this report is a matter of public record and its distribution is not limited. Edward W. Kitrosser, C.P.A. FOR WEST, TURNQUIST & SCHMIll San Di ego, Cal i forni a April 13, 1994 - 13 - ACCOUNTANCY CORPORATION 2550 Fi/b Acerrue, Tenlb F7oor Dfego# cA92f03-6G*5 Fru (GI (619) 9) 234-6775 636658, INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE WITH LAWS, REGULATIONS, CONTRACTS, AND GRANTS BASED ON AN AUDIT OF FlNANC IAL STATEMENTS PERFORMEO IN ACCORDANCE WITH GOVERAWEW AUDITING STANDARDS Board of Directors Community Resource Center Enci ni tas, Cal i forni a We have audited the financial statements of Community Resource Center as of and for the year ended December 31, 1993, and have issued our report thereon dated April 13, 1994. We conducted our audit in accordance with enerally accepted auditing standards States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. Com liance with laws, regulations, contracts, and grants applicable to Community Resource E enter is the responsibility of Community Resource Center’s management. As part of obtainin reasonable assurance about whether the financial statements are free of material miss atement, we erformed tests of Community Resource Center’s compliance with certain provisions of aws, regulations, contracts, and grants. However, the objective of our audit of the financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opi ni on. The results of our audit procedures disclosed immaterial instances of noncompliance with the requirements of the HUD administrative contract as described below. With respect to items not tested, nothing came to our attention that caused us to believe that Community Resource Center had not complied, in all material respects, with those provisions. and Government Auditing Standards, issued by t il e Comptroller General of the United Q ? During our review of costs char es to the HUD administrative administrative re uirements and these costs should have been allocated to The Community Resource Center has accumulated and reviewed a71 of the payroll charges made to the HUO administrative contract. These charges have been allocated to other contracts as appropriate. This report is intended for the information of the audit committee, manag-ment, and agencies providing financial assistance. However, this report is a matter of public record and its distribution is not limited. contract we noted that several payro 3 1 costs did not meet HUD’s the other HUD con ‘I racts. Edward W. Kitrosser, C.P.A. for WEST, TURNQUIST & SCHMIIT San Die 0, California April 13, 1994 JA\I€S H. UW, C.6A. WIUW H. TLXUQUlsr. CPA. CHARLES P. SCHWlT C.PA u)U’ARD W. lUTROSSER. C.PA MARK € McWON. C.EA. .tlrtitber of Tbe An#erlcun Crvup of C.R.4. Flrim. with oflces in principut cities Iriirkfiride Aflilinfed uitb tbu Anrericun Irtrtitutr of C.R.4.s dirision nf firms ACCOUNTANCY Comiu-noN 2550 Fftb Acenire. Tenth Floor INDEPENDENT AUDITORS’ REPORT ON THE Snn Diego, CA 9210366.5 INTERNAL CONTROL STRUCTURE USED (619) 234-6775 IN ADMINISTERING FEDERAL AWARDS Far (619) 696-6581 Board of Directors Community Resource Center Encinitas, California We have audited the financial statements of Community Resource Center, as of and for the year ended December 31, 1993, and have issued our report thereon dated April 13, 1994. We conducted our audit in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States; and Office of Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and Other Nonprof f t Inst f tut ions. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement and about whether Community Resource Center complied with laws and regulations, noncompl lance with which would be material to a federal program. In planning and performing our audit for the year ended December 31, -1993, we considered Community Resource Center’s internal control structure in order to determine our auditing procedures for the pur ose of expressin our opinion on Community Resource accordance with OMB Circular A-133. This report addresses our consideration of internal control structure policies and procedures relevant to compliance with requirements applicable to the federal program. We have addressed pol icies and procedures relevant to our audit of the financial statements in a separate report dated April 13, 1994. The management of Community Resource Center is responsible for establ ishin and maintaining an internal control structure. In . fulfilling this responsibi 4 ity, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or dis osition, that transactions are executed in accordance with management’s aut R orization and recorded properly. to permit the preparation of financial statements in accordance with generally accepted accountin rinciples, and that the federal award Because of inherent 1 imitations in any internal control structure, errors, irregularities, or instances of noncompliance may nevertheless occur and not be detected. Also, rojection of any evaluation of the structure to future periods is subject to the risk e hat procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. Center’s financial statements an a to report on t \ e internal control structure in program is managed in compliance with applica %Q e laws and regulations. J.L.IES H. W-. CLA. WIUM H. n:wyutsr, C.P.A. CHARLES P. SCHMIlT C.P.A. EDWARD W. WTROSSER. C.P.A. LURK E. SlcMAHcW. C.?”. Board of Directors Community Resource Cente.” Page 2 For the purpose of this report, we have classified the significant internal control structure policies and procedures used in administering the federal program in the following categories: b tlccountinq 0 Cash Receipts 0 Cash Disbursements 0 Payroll a Cash Management e Budget/Financial Computer b bdministrative and ComD1 iance/General 0 Civil Rights 0 Cash Management 0 Federal Financial Reports 0 Drug-Free Workpl ace Administrative Requirements A1 1 owabl e Costs/Cos t Pri nci pl es b Administrative and ComDl iance/Proaram SDecific 0 Matching Reporting Requirements Types of Services A1 1 owed b C1 aims for Advances and Reimbursement 6 Amounts Claimed or Used for Matchinq I For all of the internal control structure categories listed above, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk. During the year ended December 31, 1993, Community Resource Center expended 81% of its total federal awards under major programs. We performed tests of controls, as required by OMB Circular A-133, to evaluate the effectiveness of the design and operation of internal control structure policies and procedures that we considered relevant to preventing or detecting material noncompl iance with specific requirements, general requirements, and requirements governing claims for advances and reimbursements and amounts claimed or used for matching that are applicable to each of the Organltation’s major programs, which are identi f i ed i n the accompanying schedule of federal awards. Our procedures were 1 ess in scope than would be necessary to render an opinion on these internal control structure policies and procedures. Accordingly, we do not express such an opinion. - 16 - Board of Directors Community Resource Center- Page 3 Our consideration of the internal control structure pol ides and procedures used in administering the federal award would not necessarily disclose all matters in the internal control structure that might constitute material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one of more of the internal control structure elements does not reduce to a relatively low level the risk that noncompliance with laws and regulations that would be material to a federal awards program may occur and not be detected within a timely period by employees in the normal course of performing their assigned fdnctions. We noted no matters involving the internal control structure and its operating that we consider to be material weaknesses as defined above. However, we noted certain matters involving the internal control structure and its operation that we have reported to the management of Community Resource Center in a separate letter dated April 13, 1994. This report is intended for the information of the audit committee, management, and agencies providing federal assistance. However, this report is also a matter of public record and its distribution is not limited. Edward W. Kitrosser, C.P.A. for WEST, TURNQUIST & SCHMITJ San Diego, California April 13, 1994 - 17 - ACCOUNTAiiCY U)RPORATlON '55' Wb A1~~~ Tenth floor Snn Diego, CC 92I0.34625 (619) 2346775 Fax W9) 69GG581 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE TO MAJOR PROGRAMS WITH SPEC IF IC REQUIREMENTS APPL I CABL E Board of Directors Conuni ty Resource Center Encinitas, California We have audited the financial statements of Community Resource Center as of and for the year ended December 31, 1993, and have issued our report thereon dated April 13, 1994. We have a1 so audited Community Resource Center's compliance with the requirements governing types of services allowed or not allowed, matchin , and federal financial December 31, 1993. The management of Community Resource Center is responsib e for the Center's compliance with those requirements. Our responsibility is to express an opinion on compliance with those requirements based on our audit. We conducted our audit of compliance with those requirements in accordance with enerall accepted auditing standards; Government Auditin Standards, issued by the &omptrol er General of the United States; and Office of anagement and Bud et (OMB) Circular A-133 Audits of Institutions of Higher Education and Other onprofit Institutions. those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether material noncompliance with the re uirements referred to above occurred. An audit includes examining, on a test basis, ev 4 dence about Community Resource Center's compliance with those requirements. We believe that our audit provides a reasonable basis for our opinion. The results of our audit procedures disclosed immaterial instances of noncompl i- ance with the requirements referred to above, which are described below. We considered these instances of noncompliance in forming our opinion on compliance, which is expressed in the following paragraph. During our review of costs charges to the HUD administrative contract, we noted that several ayroll costs did not meet HUD's administrative require- ments and these cos P s should have been allocated to the other HUD contracts, The Community Resource Center has accumulated and reviewed all of the ayroll charges made to the HUO administrative contract. These charges have !,en allocated to other contracts as appropriate. re orts and claims for reimbursement that are a plicable to i 9 s major federal program, whych is identified in the accompanying schedu f e of federal awards for the ear ended 4 3, Y A i I In our opinion, Community Resource Center complied, in all material res ects, with ! the requirements governing types of services allowed or not allowed, an B reportin requirements that are applicable to its major federal program for the year ende December 31, 1993. This report is intended for the information of the audit committee, management, and agencies providin federal assistance. However, this report is a matter of public record and its distri % ution is not limited. &LA-&&- San Die 0, California April 13, 1994 Edward W. Kitrosser, C.P.A. for WEST, TURNQUIST & SCHMITT !I - - /?iE&TIST & SCHMITT ACCOL‘hTANCY CORPORATlON 2550Fi/lhA~rritre, Tetit/>FIoor Snn Diego. 01 9-7103-6625 (619) 2346775 Fer (619) 6966581 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE WITH GENERAL REQUIREMENTS Board of Directors Community Resource Center Enci ni tas, Cal i fornia We have audited the financial statements of Community Resource Center as of and for the year ended December 31, 1993, and have issued our report thereon dated April 13, 1994. We have applied procedures to test Community Resource Center’s com liance with the accompanying schedule of federal awards for the year ended December 31, 1993. General requirements involve the following matters: following requirements applicable to its federal programs, which are i t! entified in the Pol it i cal Activity Davi s-Bacon Act Civil Rights Cash Management Federal Fi nanci a1 Reports Allowable Costs Cost Principles Admi ni s trat i ve Requi rements Drug-Free Workp c ace Our procedures were limited to the ap licable procedures described in the Office Learnin and Other Nonprofit Institutions. Our procedures were substantially less in scope t an an audit, the objective of which is the ex ression of an opinion on Community Resource Center’s compliance with the requirements isted in the preceding paragraph. Accordingly, we do not express such an opinion. With respect to the items tested, the results of our procedures disclosed no material instances of noncompliance with the requirements listed in the second paragraph of this report. With respect to items not tested, nothing came to our attention that caused us to believe that Community Resource Center has not complied, in all material respects, with those requirements. This report is intended for the information of the audit committee, management, of Management and Budget’s Compliance Supp P ement for Audits of Institutions of Higher ! f agencies providing financial assistance. However, this report is a record and its distribution is not limited. Edward W. Kitrosser, C.P.A. for WEST, TURNQUIST b SCHMITT San Di ego, Gal i forni a April 13, 1994 JAMES H. WEST. C.P.4. U(lLLU\l H. TURNQUIST. C.PA CH.4RLES L SCH.\.IIlT, C.P.A. EDWARD W. KITROS.+ER C.P.4. %LARK E. wc5l.uios. C.L.4. COMMUNITY DEVELOPMENT BLOCK GRANT PROGPdM - PROGKAM/PROJECT EVALUATION INSTRUCTIONS Each eligible proposal/application for CDBG funds shall be reviewed and evaluated, for ranking purposes based upon the attached criteria. The CDBG Funding Advisory Conmuttee, as well as Housing and Redevelopment Department staff, will evaluate each eligible proposal for funds and assign a score based on a maximum 100 point scale. To assist you in reviewing and evaluating each proposal based upon the established criteria, measurement examples, where appropriate, have been provided. These are to be used as a guide only and is not intended to cover every circumstance which may occur. Please use your best judgement in evaluating the proposals with the criteria that has been provided. You will frnd a copy of each evaluation form placed directly behind the application. To facilitate the evaluation of eligible proposals based upon the attached criteria, applicants will be given the opportunity to participate in a 10 minute interview with the CDBG Funding Advisory Committee and staff during a public meeting. The public will be given the opportunity to comment on the eligible proposals being considered for funding. The interview will provide the Advisory Committee with an opportunity to obtain additional information regarding the organization and the proposed activity that may not have been provided in or was unclear within the application. It will be suggested that applicants provide any documents which may assist the Advisory Committee and staff in evaluating the proposal p& to this interview. Staff will average the evaluation scores given by each Advisory Committee member and staff. The average score received will then be used to rank order each of the proposals within each of the following three classifications for public service and public facility activities: 1) Housing; 2) General Social services; and 3) Social Services for Children & Adults. This information will then be presented to the Advisory Committee for further review and evaluation to determine the level of funding to be recommended for each selected proposal. CDBG Program - Evaluation Form Page 2 C. D. E. Staffing for Program/Project - How qualified is the identified staff in performing the various functions required to implement the proposed program/project? (i.e., years of staffexperience, ehcation and training) 0 Not 1 Fairly 2 4 SCORE 0 More than Qualified Qualified Qualified Qualified COMMENTS: Experience with Federal or State Funding Sources - How much experience does the organization have in administering CDBG andlor other State or Federal funds? (i.e., length of time the organization/assigned staff has been administering such funds) Measurement Examples: - No Experience - First time applying for Federafltate Funds Some Experience - 1 to 2 years of experience Moderate Experience - 3 to 5 years of experience - - Considerable Experience = 5 years or more of experience 0 1 2 No Some Moderate Considerable SCORE Experience Experience Experience Experience COMMENTS: Performance record - What overall level of ability has the organization demonstrated for providing services to the public, as well as adhering to local, State and/or Federal regulations which may have applied to the various funding sowces for their previous programs/projects? (i.e., number of clients benefim’ng fiom program/project, any violations of the regulations, ability to clear violation findings) 5 SCORE 0 1 2 (9 No Some Adequate Strong Ability Ability Ability Ability COMMENTS: CDBG Program Evaluation Form Page 3 n. FINANCIAL CAPACITY & STABILITY (Max. of 20 points): A. Leverage of Funds - What level of leveraging of CDBG funds with other funding sources has been proposed for the proposed program/project or demonstrated in the current operating budget for the program/project? Measurement Eramples: Some Leveraging - No Leveraging Moderate Leveraging - - Proposed ProgranJproject will be funded entirely with CDBG funds 31 to 65% of the revenues used for the proposed progranJproject will be - - 65 to 95 % of the revenues used for the proposed program/project will be from CDBGfitnds. from CDBGfunds. 0 to 30% of the revenues used for the proposedprogram/project will be from CDBG funds. - Considerable Leveraging = 0103 456 789 10 z No or Little Some Moderate Considerable SCORE Leveraging Leveraging Leveraging Leveraging COMMENTS: QJO @ ad& -)b.(2 #s---5F=F-7-hsci-m-m==Tl lT/&T 6L -1s TPl-kfz )svT B. Financial Stability - Do the frnancial statements of the organization indicate a relatively stable financial position? (Le., diversifedfunding revenues and support, revenue exceeding expenses, fund balance) Measurement Eramples: One source offinding (CDBGJ and few, if any, asses. Revenue does not cover expenses. Fund balance is negative. Some Capacity = A few sources of funding and assets. Revenues equal expenses. No find balance. Moderate Capacity = Several sources of funding and assets. Revenues equal or slightly exceed expenses. Some find balance to carry over. Considerable Capacity = A wide variety offunding sources and substantial me& Revenues notnbly exceed expenses with signifcant fund balance. No Capacity - 0123 456 7@9 10 a No or Little Some Moderate Considerable SCORE Stability Stability Stability Stability CDBG Program - Evaluation Form Page 4 111. BENEFITS & BENEFICIARIES (Max. of 60 points): A. Access to Program/Service - Is the proposed program/project easily accessible or convenient to Carlsbad residents? Measurement Examples: Not or Not Very Accessible = Fairly Accessible . s Accessible Service ofice located more than a mile outside of Carlsbad and ofice is not located directly dong any public transportation routes. Service ofice located within a mile of Carlsbad and ofice is not located directly along any public transportation routes. from service location a@or offce is located directly along public transportation routes. client's residence. - - Service ofice located outside of Carlsbad butprovides transportation to and Service ofice located within Carlsbad or provides services direct4 to - - Very Accessible 15 SCORE 024 579 10 12 14 Not or Not Fairly very Very Accessible Accessible Accessible Accessible B. Benefit to Lower Income Persons - To what extent does the proposed program/project benefit low income persons? Meawrement Examples: Some Benefit - - No or Little Benefit Moderate Benefit Considerable Benefit 024 No or Little Some Moderate Considerable Benefit Benefit Benefit Benefit Less than 30% of clients are of low income (50% of MFI). 61 to 80% of clients are of low income (50% of MFI). More than 81 % of clients are of low income (50% of MFI). = 30 to 60% of clients are of low income (50% of MFI). - - - - I4 SCORE 579 10 12 14 (9 C. Benefit to Carlsbad Residents - To what extent does the proposed program/project benefit low income Carlsbad residents? Measurement Examples: No or Little Ben@ c Serves I to IS Carkbad residents annually. Facihy located outside of Carlsbad oj Carlsbad Serves 51 to 99 Carfsbad residents annually. Fociliry hated in Carlsbad but serves less than 50 residents. Serves more than Io0 Carlsbad residents annually a@or facile located in Carlsbad and serves more than SI residents. - Some Benefit - Serves 16 to SO Carlsbad residents annually. Facility located jm outside Moderate Benefit Considerable Benefit c c 024 579 10 12 14 15 ' 15 No or Little Some Moderate Considerable SCORE Benefit Benefit Benefit Benefit CDBG Program - Evaluation Form Page 5 D. Needs of Low Income Residents - To what extent does the proposed program/project meet the needs of low-income residents? (i.e., relation to Consolidated Plan priorities, special needs population served) Measurement Examples: Not Adequate P Meets no prioritized need of the Consolidated Plan. Serves no specialneeds populations. populations. neea3 populations. Fairly Adequate -- Meets a low priority need of the Consolidated Plan. Serves no special needs Adequate = Meets a medium priority need of the Consolidated Plan. Serves special More than Adequaie - - Meets a high priority need of the Consolidated Plan. 15 SCORE 024 57 9 10 12 14 Not Fairly More than Adequate Adequate Adequate Adequate IV. IMPLEMENTATION OF PROJECTlPROGRAM (Max. of 5 points): A. Implementation/Expenditure of Funds - To what degree has the organization demonstrated a readiness to implement the proposed program/project and expend the CDBG funds within the one year period? (ie., prograwproject is in planning stage only, identification awor commitment of other funding sources for completion of program/project, program/project already in operation or started) Measurement Examples: No or Little Some Moderate High 0 No or Little Degree of Readiness - - Program/project in development stage only. No specific site selected No constntcrion or construcrion.related plans completed Program operaring for less than one year. Speclfic sire selected and ready to submit purchase offer. Architectural, engineering plans and other plans being drafted Program operating for at least one year. Construction drawings completed and ready to open bid process. Site selected and offer accepted or option to buy. Program opernring at le& two years. Construction work ready to begin by July 1st. Propelty to be in escrow by July 1st. = E - 4 5 5 oderate High Degree SCORE 1 Some Degree of Degree of of Readiness Readmess Readiness TOTAL POINTS RECEIVED (Maximum of IO0 Points Possible): 84 SCORE - No. AGENCY/ PROJECT I 'Community Resource Center/Security Deposit Program city of Carisbad/ Single Family Residential /Rehabilitation Program City of Carlsbad/ - 2. REQUEST AMOUNT RECOMMEND ($1 ($1 13,400 13,400 154,000 145,630 17,670 17,670 3. TO1 - r - - CITY OF CARLSBAD Hob. :NVESTMENT PARTNERSHIP PROc AM 1996-1997 EVALUATION OF PROPOSALS & FUNDING RECOMMENDATIONS NOTES: 1. The total number of points possible was 100. Medium .11 EVALUATIOS Qualified Qualified N/A N/A 2. A proposal was evaluated based upon the following scoring criteria: 1) organization's ability/capacity; 2) financial ability and stability; 3) benefits and beneficiaries; 4) ready implementation of the project/program; and 5) overall impression. Each proposal was given a ranking according to the following evaluation scores: 85 points + = Highly Qualified 70 to 84 points = Qualified 69 points or less = Minimally Qualified i . %E CITY OF CARISBAD HOUSING & REDEVELOPMENT DEPABTHENT Item No. 4 Staff Reginald Harrison Housing Program Manager DATE: FEBRUARY 8,19% SUBJECT: STATUS REPORT ON FAMILY SELF- SUFFICIENCY PROGRAM I. RECOMMENDATION This report is provided for information only; no action is required. II. BACKGROUND On July 26, 1994, the Housing and Redevelopment Commission authorized the Housing Authority to appropriate $30,000.00 from its operating reserves in order to implement the Family Self-sufficiency (FSS) Program. The FSS Program is designed to enable unemployed, underemployed or undereducated Section 8 Housing Participants to achieve economic independence from welfare and rental assistance. Participants receive assistance in removing barriers that prevent them from engaging in job-training programs, educational programs and/or employment opportunities. Lifeline Community Services was awarded the contract to administer the FSS Program for the City of Carlsbad effective January 3, 1995. The FSS Program is a mandate of the Department of Housing and Urban Development (HUD). The Housing Authority has a responsibility to assist a minimum of thirty (30) FSS participants to achieve attainable career goals, e.g. completing course work for a GED, vocational training, entrepreneurial programs and increasing current job skills. Community-based organizations and institutions are used as the primary source of training and education. Additional assistance is given to participants to help with the removal of barriers that prevent the achievement of those goals, e.g. lack of finances for tuition, books and fees, lack of affordable child care, lack of affordable transportation and poor coping skills. c STATUS REPORT ON FAMILY SELF-SUFFICIENCY PROGRAM FEBRUARY 8, 1996 II. PARTICIPATION AND PROGRAMS Currently there are 28 families participating in the FSS Program. The chart below dispdys 1 participation of those families in employment and/or educational programs: 11 PARTICIPANTS I 11 I 11 PARTICIPANTS I 1 I I PARTICIPANIS 2 PARllClPANlS 5 PARTlClPANlS 1 PARIICIPANTS 1 PARIICIPANM 6 ie EDUCATION Success stories include: 0 One FSS participant has obtained an associates degree and is now working. One participant who earned a bachelor’s degree prior to joining the program, obtained her first career job as an FSS client. Four FSS participants have increased their earned income since joining the program. Through fund raising activities and the donations of various banks and organizations, a loan program has been established to help participants pay for books, tuition and fees. On September 19, 1995, the City Council donated four surplus microcomputers to the Housing Authority for the benefit of the FSS program. Additionally, monthly workshops which provide the participants with topical information are conducted and a quarterly newsletter which provides networking opportunities is published. TEE (3m! 01 Cnusw HOUSING RED~EUW"T ~ARTKKNT A REPORT TO TEE HOUSING COMMISSION Item No. 5 Staff Debbie Fountain Sr. Mngt. Analyst DATE: FEBRUARY 8, 1996 SUBJECT: STATUS REPORT ON VARIOUS AFFORDABLE HOUSING PROJECTS AND PROGRAMS I. RECOMMENDATION This report is provided for information only; no action required. JI. BACKGROUND The attached report provides a status report on various affordable housing projects and programs which are currently under review or in process. This report has been prepared to keep the Housing Commission informed as to the affordable housing activities which are ongoing within the City of Carlsbad. III. EXHIBITS 1. Affordable Housing Projects and Programs Status Report rn t U m Q) w rl a u a Q) a -4 u 0 u 8 a m rl k tu V IYC 0 0 z $ n u m k a I a W m m W 6) M & m at W 6 U 3 n 0 0)- Q) 4 at4 a (0 som Y br U -4 m I 0 A* a ala, 4k a -4 as aw kQ) Ok ccl wm mY -4 mu WI I U I& 0 Q) Z ma I NO U a k 4J -4 0 um a4 Q) I Y U-no k u m OW 0) alYk a W4nIYO I m Y . 8 9) 9) Lc H rl 9) k 8 1 n Y U m k a m I a B m W 0 Y 0 0 '--I 51 pc Lc a u01 ma -- - in Q N -4 m X dQ) 08 3k OH k a4 ao, cdk . 1 Q) k 1 m le -4 U k 0 w -4 1 Q U le Q) rl Q LIU P1H I; maas 4JQ)Q)4J+, -4 u k -4 u El 1.4 m Q) Sa I I-n 0 k alw k I r 4J El m k a m I 0 5 P w k Q)aJ 43 QO m4 I k 0- om WE I .- .4 mu 4 -4 -4 E 0) UOE sa 0 Elu eoEl (Y u.4 I m k Q) El 4J k m a w w I 4 Ep El m 8 u 0 m Q) -4 4J k Q) k a m -4 4J 4J Q) .4 0 a 3 2 t I coa rl 4J U a, fo ma -4 -4 U? Lco W .A .. on A4 mu UQ 4J au v) EQ n 4 U m k a m 7 a 3 it", 4 &-- - b 0- ama u a k wm ou -4 VIVI 47 -4 0 Ua I Q) drl FR 4m a Ok 40 W OW mm 4 U m k a m 0 I a W W v) I P W a (Dk 3k om &El a0 a-4 am 7 a1 a,U a,a A -4 1 m -4 4J a a, a -4 m 8 a l a 0 1 1 B a a 0 U a, m W A REPORT TO THE HOUSING COMMISSION Item No. 6 Staff Evan Becker Director DATE: FEBRUARY 8, 1996 SUBJECT: HOUSING COMMISSION POLICIES AND PROCEDURES - MINUTES OF COMMISSION MEETINGS I. RECOMMENDATION This report is provided for discussion purposes only at this time. If the Housing Commission would like to revise the Policies and Procedures to reflect a change in how the minutes are taken and reported, it is recommended that the Housing Commission instruct staff to include the proposed changes on a future agenda with the appropriate approving resolution. 11. BACKGROUND At a previous meeting of the Housing Commission, it was requested that an item be placed on a future agenda of the Commission to discuss the minutes - how they are taken and reported back to the Commission. Attached is a copy of the section from the Housing Commission's approved Policies and Procedures Manual which indicates how the minutes are to be kept for the Housing Commission. These are the same procedures used by other Commissions within the City, including the Planning Commission. The procedures indicate that the "Minutes Clerk shall be required to make a record only of such business as was actually passed upon by a vote of the Commission and shall not be required to make a verbatim transcript of the proceedings. 'I The procedures also indicate that "a record shall be made of the names and addresses of persons addressing the Commission, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter." According to these procedures, the Minutes Clerk should only record very basic information such as the action taken and very general information on persons speaking to the Commission. These procedures do not require that any discussion on a given item be recorded by the Minutes Clerk. However, to provide some information on how the Commission reached its decision, it has been standard practice of the Minutes Clerk to summarize discussion by the Commission members and the public, but not HC Staff Report Policies and Procedures Page 2 record every comment made by an individual Commissioner or member of the public. If a Commission Member would like to have an abstract or statement on any subject matter entered into the minutes, the member may do so through the Chairperson and as long as there is no objection from any member of the Commission. The Policies and Procedures set forth the process for entering an individual Commissioner's statement into the minutes. The Policies and Procedures allow the Minutes Clerk to tape record the Commission's meetings. If tape recordings are made, they are retained until the written minutes are approved by the Commission. They are then erased unless the City Attorney or a member of the Housing Commission requests that they be retained at the time the minutes are approved. III. SUMMARY The approved "Policies and Procedures" represent the process to be used in the conduct of business by the Housing Commission. If the Commission would like to revise these Policies and Procedures, then a written proposal should be made and considered by the Commission. A resolution approving any revisions is required in order for the Commission to take final action on any changes to these Policies and Procedures. The proposed changes will also be reviewed by the offices of the City Attorney and City Clerk prior to the Housing Commission taking final action. IV. EXHIBITS 1. Excerpt from Housing Commission Policies and Procedures Manual - Minutes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J’Q ORDER PRESIDING OF dXHIBIT NO. 1 - 14- or in his/, - absence the Vice Chai: EXCERPT FROM HOUSING chair at the hour appointed for the me commission to order. In the absence & PROCEDURES - MINUTE the Vice Chairperson, the City Hou Director shall call the Commission to order, whereuion a temporary presiding officer shall be elected by the Commission Members present. Upon the arrival of the Chairperson or the Vice Chairperson, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the Commission. Whenever the term ‘Chairperson‘ is used in these rules, and the Chairperson is absent, it shall apply equally to the Vice Chairperson, and if he/she is also absent, to the presiding officer elected pursuant to this section. COMMISSION POLICIES 15 ROLL CALQ. Before proceeding with the business of the Commission, the Minutes Clerk shall call the roll of the Commission Members and the names of those present shall be entered in the minutes. 16 READING OF THE MINUTES. Unless the reading of the minutes of a meeting is requested by a member of the Commission, the minutes may be approved without reading if each member of the Commission has previously been furnished with a copy thereof. 17 MINUTES. The minutes of the Commission shall be kept by the Minutes Clerk and shall be neatly typewritten and retained on file in the Housing and Redevelopment Department, with a record of each particular type of business transacted set off in paragraphs, with proper subheads; provided that the Minutes Clerk shall be required to make a record only of such business as was actually passed upon by a vote of the Commission and shall not be required to make a verbatim transcript of the proceedings, and provided, further, that a record shall be made of the names and addresses of persons addressing the Commission, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter. A Commission Member may request, through the Chairperson, the privilege of having an abstract of hisjher statement on any subject under consideration by the Commission entered in the minutes. If there is no objection from any member of the Commission, such statement shall be entered in the minutes. 18 DISTRIBUTION OF MINUTES. A copy of the minutes of the meeting shall be furnished to each Commission Member prior to the subsequent meeting. Copies shall also be provided to the City Manager, City Attorney, Housing and Redevelopment Director, Community Development Director, Planning Director and any other individual designated by the City Manager. 6 1 2 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 19 --e (a) Minutes Clerk may tape recort ..., using Commission meetin- as an aid in the preparation of the minutes. If tape recordings are made, they shall be retained by the Minutes Clerk until such time as the minutes have been approved by the Commission. Upon such approval of the written minutes by the Commission, the Minutes Clerk may reuse or erase such tape recordings unless specifically requested by the Commission or the City Attorney to retain such tapes at the time the minutes are approved. (b) While the Minutes Clerk has the tape recordings in his/her possession, members of the public may hear tape recordings of the Commission meetings during office hours when it will not inconvenience the ordinary operation of the Information Systems Department. Brief or shorthand notes may be made; mechanical recordings may be made from said tapes; and in this connection, the Minutes Clerk is further authorized to allow the recording machine to be used by the public for listening purposes when such machine is not necessary for use by the Information Systems Department in the ordinary function of the office. The provisions of this section shall be administered according to the provisions of Section 1.20.170 of the Carlsbad Municipal Code. (c) If any person wishes a record of the Housing Commission meeting, or any portion thereof, a request therefore shall be filed with the Housing and Redevelopment Department twenty- four hours prior to the meeting. If such a request is received, the Minutes Clerk shall make arrangements to make and preserve such a record at the expense of the person making the request. If any person desires to have a matter reported by a stenographer reporter, he/she may employ one directly at his/her expense. 20 PRESIDING OFFICER. The Chairperson of the Commission shall be the Presiding Officer at all meetings of the Housing Commission. 21 POWERS AND DUTIES OF PRESIDING OFFICER. The Presiding Officer may move, second, debate, and vote from the Chair. He/she shall not be deprived of any of the rights and privileges of a Commission Member by reason of his/her acting as Presiding Officer. The Presiding Officer, or such person, as he/she may designate may verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall announce whether the question carried or was defeated. The Presiding Officer shall be responsible for the maintenance of order and decorum at all meetings. He/she shall decide all questions of order and procedure subject, however, to an appeal to the Commission in which case the matter shall be determined by majority vote of the Commission. The Presiding Officer shall sign all 7