HomeMy WebLinkAbout1995-09-20; Planning Commission; ; GPA 95-01|ZC 95-01|LCPA 95-02|SDP 95-01|HDP 95-01 - LAUREL TREE APARTMENTS-
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A REPORT TO THE PLANNING COMMISSION bµ
P.C. AGENDA OF: September 20, 1995
Item No.@
Application complete date: July 28, 1995
Project Planner: Chris DeCerbo
Project Engineer: Mike Shirey
SUBJECT: GPA 95-01/ZC 95-01/LCPA 95-02 DP 95-01/HDP 95-01 -
LAUREL TREE APARTMENTS -Request for the approval of a Mitigated
Negative Declaration, General Plan Amendment and Local Coastal Program
Amendment from Office and Related Commercial (0) to Residential High
(RH), and a Zone Change from Office (0) to Residential Density Multiple
with a Qualified Development Overlay (RDM-Q), for an 11.99 acre site
located at the northeast comer of the future Alga Road/Cobblestone Road
intersection in Local Facilities Management Plan Zone 5. A Site
Development Plan, Hillside Development Permit and Local Facilities
Management Plan Amendment to construct 138 residential apartment units
on the subject property are also requested.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3810
recommending APPROVAL of the Mitigated Negative Declaration issued by the Planning
Director, ADOPT Planning Commission Resolution Nos. 3811, 3812, 3813, 3814, 3815 and
3816 recommending APPROVAL of GPA 95-01, ZC 95-01, LCPA 95-01, SOP 95-01, LFMP
87-05(B), and HOP 95-01, based upon the findings and subject to the conditions contained
therein.
II. INTRODUCTION
This application proposes a land use change and a Site Development Plan/ Hillside
Development Permit for the development of a 138 unit combined affordable housing project
at the northeast comer of the future Alga Road/Cobblestone Road intersection. The land
use change is appropriate for the subject property and the project complies with all
applicable plans, standards, ordinances, standards and policies.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a number of legislative actions (i.e.; General Plan
Amendment, Local Coastal Program Amendment, Zone Change, and Local Facility
Management Plan Amendment); and quasi-judicial permits (i.e.; Site Development Plan and
Hillside Development Permit) to enable the construction of a 138 unit residential apartment
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project ( combined affordable housing project) upon a 11.99 acre site, which is located
approximately 770 feet to the south of Palomar Airport Road, at the northeast corner of the
future Alga Road/Cobblestone Road intersection.
This project is being proposed by the Metropolitan Area Advisory Committee (MAAC), a
nonprofit affordable housing developer. The project is intended to satisfy the inclusionary
housing obligations of the Kaiza Poinsettia Master Plan (MP-177(O)) and the Mariners
Point residential project (CT 91-12) or other off-site residential developers, contingent upon
City approval of future affordable housing agreements. The project will include 138
apartment units affordable to low and very-low income households.
As shown on Exhibits "A" -"BB", the proposed project would consist of 23 six unit, two-
story, apartment buildings surrounded by a perimeter 30 foot wide driveway. Required
parking includes resident and guest open parking spaces, which are evenly dispersed along
the perimeter driveway. Common recreation/community facilities, including: a town square,
multi-purpose ball court, day care center and playground, leasing office, social service office,
community room, kitchen, and restrooms, are located near the project entryway. The
project also contains two tot-lots, pedestrian pathways throughout (including a north-south
trending central pedestrian promenade), courtyards, laundry rooms and maintenance storage
structures. The apartment units are one, two, three and four bedroom and range in size
from 697 to 1278 square feet. The apartment units have a Mediterranean architectural style,
composed of earthtone colored stucco exteriors, tile roofs with varying lines and pitches, and
accent wood trim. All apartment units include either a patio or balcony.
Implementation of this project shall require the off-site construction of Alga Road (full
width grading and half street improvements) from Palomar Airport Road to the project site.
Access to this project will be provided by a 72 foot wide industrial street ("A" Street), that
will intersect with Alga Road.
Topographically, the 11.99 acre site consists of a south to north trending canyon. A small
erosional drainage swale traverses the property and exits northerly into Canyon de las
Encinas (Encinas Creek). Elevations on the site range from 90 feet to 183 feet above mean
sea level. The property is bordered along the west and east by the alignment of Alga Road
and a 150' wide SDG&E easement respectively. The site is presently undeveloped and was
previously cultivated. The property has been partially filled with farming refuse, and dump
fill. The majority of the project site (8.21 acres) contains disturbed ruderal habitat which
is composed mostly of non-native grasses and herb species. High quality Coastal Sage Scrub
(CSS) habitat (.82 acres) exists within the western quarter of the property. The majority (.74
acres) of the CSS habitat is located within the right-of-way and fill slope area for Alga Road.
No wetland plant communities exist on the project site. However, the development of the
property shall require the construction of Alga Road from the project site, northerly across
Encinas Creek to Palomar Airport Road. Approximately .02 acres (870 square feet) of
riparian habitat (2 medium sized Arroyo Willows and 3 clumps of Willow saplings)is located
within this road alignment.
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The project site is currently designated for Office and Related Commercial (0) development
and zoned for Office (0) use. In 1987, the Carlsbad City Council approved a General Plan
Amendment (GPA 87-04) for the subject property from Residential Low Medium (RLM
0-4 du/ac) to it's existing Office and Related Commercial (0) designation. A General Plan
Amendment and Zone Change (in addition to a Local Coastal Program Amendment and
Local Facilities Management Plan Amendment) is proposed with this application to
redesignate the property back to a residential land use -Residential High (RH 15-23 du/ac)
with Residential Density Multiple zoning with a Qualified Development overlay (RDM-Q),
thereby enabling the development of the proposed 138 unit apartment project on the site.
The project site is surrounded by the Sudan Interior Mission residential project to the west,
and undeveloped residentially designated properties to the east (RL 0-1.5 du/ac) and south
(RLM 0-4 du/ac). The property to the north and northwest is designated as an Unplanned
Area in that planning for future land uses has not been completed or plans for development
have not been formalized. An agricultural packing shed . and operation is located
approximately 250 feet northwest of the project site.
This proposed project is subject to the following plans, ordinances, standards and policies:
A. Amendments to: 1. General Plan, 2. Local Coastal Program, and 3. Zone Change;
B. General Plan Consistency: Land Use Element (Residential High (RH) General Plan
Land Use Designation); Housing Element; Circulation Element; Noise Element and
Open Space and Conservation Element;
C. Carlsbad Municipal Code, Title 21:
1. Chapter 21.85, Inclusionary Housing;
2. Chapter 21.24, Residential Density Multiple Zone;
3. Chapter 21.53, Site Development Plan required for an affordable housing
project;
4. Chapter 21.95, Hillside Development Ordinance;
D. Mello II Local Coastal Program;
E. Habitat Management Plan; (in process)
F. Growth Management Ordinance, (Local Facilities Management Plan Zone 5);
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G. Environmental Protection Procedures (Title 19) and the California Environmental
Quality Act (CEQA).
IV. ANALYSIS
Staff is recommending approval of this project for the reasons stated in the staff report.
Consequently, this analysis section will: address the appropriateness of the site for the
proposed residential land use and discuss the project's compliance with the applicable plans,
ordinances, standards and policies listed above through the use of tables and text.
A.I. General Plan Amendment
The property has an Office and Related Commercial General Plan Land Use designation
that allows the development of office and professional uses, as well as related commercial
uses. A General Plan Amendment and Local Coastal Program Amendment is proposed
with this application to redesignate the property to Residential High to enable the
development of 138 apartment units on the property. The Residential High (RH) Land Use
Designation allows the development of two and three-story condominium and apartment
developments at a density of 15 to 23 du/ac with a 19 du/ac growth management control
point. The proposed 138 unit apartment project would have a net density of 15.31 dwelling
units per acre. This density would be consistent with the RH land use designation and
would be below the designations 19 du/ac Growth Management Control Point.
The proposed 138 residential dwelling units would be available to be withdrawn from the
City's Bank of Excess Dwelling Units without exceeding the Citywide and southwest
quadrant dwelling unit and population buildout caps. Accordingly, the net effect of this land
use redesignation is the elimination of 11.99 gross acres of office and related commercial
development within the City at buildout.
The proposed land use change to RH is consistent with a number of major policies found
in the General Plan as discussed below.
Housing Element Policy 3.7.h. of the General Plan allows the City to approve General Plan
Amendments to increase residential densities to enable the development of lower income
affordable housing through processing of a site development plan. The appropriateness of
a given site for a higher density affordable housing project is to be evaluated relative to: (1)
the proposal's compatibility with adjacent land uses; (2) the adequacy of public facilities; and
(3) the project site being located in proximity to employment opportunities, urban services
or major roads. The proposed project site meets these three criteria as discussed below.
1. This residential project will be compatible with surrounding lower density
residential land use designations and projects to the south (RLM 0-4 du/ac),
east (RL 0-1.5 du/ac) and west (Sudan Interior Mission), in that the proposed
project would be located within the base of a canyon which is topographically
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separated (between 30 and 120+ vertical feet) from the developable portions
of these surrounding residential properties. The proposed project would also
be buffered from surrounding residential designations/uses by undevelopable
steep slopes located east and west of the project site and future Alga Road
and Cobblestone Road which are located immediately to the west and south.
The property to the north of the project site is designated as an Unplanned
Area and currently developed with an agricultural packing shed. The property
owners have recently discussed with the City their intent of intensifying
agricultural operations on the property, to include the establishment of an
international vegetable exchange and regional distribution center for
agricultural crops and on-site produce farming. Potential land use
compatibility impacts (i.e. noise, hazardous materials and visual quality)
associated with locating a high density residential land use adjacent to such
an agricultural use are mitigated by an intervening 72 foot wide roadway ("A"
Street), a perimeter wall and landscape buffer between these two uses.
Additional mitigation will include a notification to future residents that this
area is subject to dust, pesticide and odors associated with adjacent
agricultural operations.
Due to the fact that this project is conditioned to: (1) build Alga Road (full
width grading and half street improvements) from Palomar Airport Road to
the project site, (2) provide a non-loaded industrial street ("A" Street) leading
from Alga Road to the project entry, and (3) provide access to the Sudan
Interior Mission, project traffic will not adversely affect surrounding
properties. The anticipated average daily traffic (ADT) for this 138 unit
apartment project is 1104 ADT. In comparison, the development of this
property with Office and Related Commercial uses would generate
approximately 2940 ADT. Accordingly, approval of this land use change will
incrementally improve future circulation within the project vicinity.
In summary, this proposed high density residential use is compatible with
surrounding lower density residential uses to the south, east and west and
non-residential use to the north. This proposed high density residential land
use will also provide an appropriate transitional land use between the lower
density residential and non-residential uses which surround it.
2. Converting the planned land use on the subject property from 11.99 acres of
Office and Related Commercial to 138 dwelling units will affect (revise) the
demand for public facilities, as discussed within the Growth Management
Section of this report. However, no public facilities impacts (shortfalls) are
anticipated because public facilities have been adequately sized to
accommodate the maximum development allowed under the General Plan and
Proposition E for the Southwest Quadrant (including all dwelling units within
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the City's Excess Unit Bank). The Southwest Quadrant currently has around
1000 Excess Dwelling Units available for density increases for properties
within the Southwest Quadrant. The allocation of 138 residential units to this
property simply shifts these unused excess dwelling units from one area of the
quadrant to this site, and does not create an overall increase in demand
beyond the projections contained in the Citywide Facilities and Improvements
Plan. Therefore, sufficient facilities are either already in place or will be
provided concurrent with this project. As discussed above, Citywide and
Southwest Quadrant dwelling unit caps will not be exceeded with the approval
of this General Plan Amendment and associated 138 unit residential project.
3. This site is appropriate for a higher density residential use and complies with
the General Plan locational criteria for affordable housing in that the site is
located adjacent to a major roadway -major arterial (Alga Road), and is in
close proximity to: (1) employment opportunities -planned industrial
designated property located to the north along Palomar Airport Road and
existing industriaVoffice parks located 1 mile to the east; and (2) a future
community park (Poinsettia) located 1/2 mile to the southwest.
This proposed General Plan Amendment also complies with Residential
Policies C.1, C.4 and C.5 of the Land use Element of the General Plan in
that:
a. this land use change will enable the development of affordable housing
in the City;
b. multi-family uses will be located near employment centers and major
transportation corridors; and
c. this higher density residential use will be located in an area where it
is compatible with adjacent land uses, and where adequate public
support systems such as streets, parking, parks, and schools are
adequate to provide service.
The proposal to redesignate the subject property from O to RH is also consistent with
Growth Management Policies C.1, C.2, and C.8 of the Land Use Element of the General
Plan. These policies: (a) permit the approval of discretionary actions for development only
after adequate provision is made for public facilities and services; (b) require compliance
with all Citywide public facility and service performance standards; and, (c) require that the
dwelling unit limitation (Citywide and quadrant dwelling unit caps) of the City's Growth
Management Plan is adhered to.
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A.2. Local Coastal Program Amendment
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The subject property is located within the Mello II segment of Carlsbad's Local Coastal
Program. Consistent with the City's General Plan, the Mello II Local Coastal Program
segment land use map designates the property for Office and Related Commercial (0)
development. Pursuant to Sections 30108.5 and 30108.55 of the California Coastal Act,
Local Coastal Program Land Use Plans (i.e. maps) are required to be consistent with a local
government's general plan. Therefore in order to attain consistency between the City's
General Plan Land Use Map (as amended) and the Mello II land use map, a Local Coastal
Program Amendment is required to amend the Mello II land use map to redesignate the
land use for the project site to Residential High (RH 15-23 du/ac).
A.3. Zone Change
The property is located within the Office Zone (0) which allows the development of
professional offices and closely related commercial uses. With this application, a Zone
Change to Residential Density Multiple zoning with a Qualified Development overlay
(RDM-Q) is proposed. The RDM Zone is a multi-family residential zone which provides
standards to enable the development of multi-family projects upon properties which are
designated for higher residential density use by the General Plan. Accordingly, the RDM-Q
Zone would be consistent with the proposed Residential High (15-23 du/ac) General Plan
land use designation for the site. The Qualified Development Overlay (Q) requires that any
development proposed on the subject property be processed via a Site Development Plan
application.
The proposed Zone Change from Oto RDM-Q is consistent with the goals and policies of
the various elements of the General Plan, in that rezoning the site to RDM-Q will:
a) enable the development of affordable housing within the City (Residential
Policy C.1 of the Land Use Element and Policy 3.7.h of the Housing
Element);
b) locate multi-family uses near employment centers and major transportation
corridors (Residential Policy C.5 of the Land Use Element); and
c) limit medium and higher density residential developments to those areas
where they are compatible with adjacent land uses, and where adequate public
support systems such as streets, parking, parks and schools are adequate to
serve them (Residential Policy C.4 of the Land Use Element).
B. General Plan Consistency
The proposed project is consistent with the policies and programs of the General Plan as
discussed below.
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1. Land Use Element
As previously discussed under the General Plan Amendment section of this
report, the proposal to develop 138 apartment units at a density of 15.31 du/ac
is consistent with the Residential High (RH) Land Use Designation (15-23
du/ac) and Growth Management Control Point (19 du/ac).
2. Housing Element
Consistent with Housing Element Policy 3.6.b (15% Inclusionary Housing
Requirement), this project will provide 138 apartment units, all of which are
affordable to low and very-low income households. The 138 affordable
housing units will contribute substantially toward meeting the City's Regional
Need for 2,509 affordable dwelling units over this Housing Element cycle.
This project will also provide 46 three and 22 four bedroom units and be
consistent with Housing Element Policy 3.2, which requires residential
developments of 10 or more affordable units to provide at least 10% of the
units with 3 or more bedrooms.
Implementation of this residential project shall require the allocation of 138
Excess Dwelling Units from the City's Southwest Quadrant bank. The
allocation of these excess dwelling units to this project would be consistent
with Housing Element Policy 3.8 (Allocation of Excess Dwelling Units)
because all of the 138 project dwelling units would be restricted as affordable
to low and very-low income households. Pursuant to Policy 3.8, the first
priority for allocation of excess dwelling units is for low and very-low income
households.
3. Circulation Element
This project is consistent with many of the major policies (C.l, C.3, C.16,
C.17) of the Circulation Element pertaining to Streets and Traffic Control, in
that it will implement a number of major circulation improvements including
the construction (full width grading and half street improvements) of Alga
Road from Palomar Airport Road to Cobblestone Road.
4. Noise Element
This project is located adjacent to future Alga Road and within the 60 dB(A)
CNEL noise contour for McOellan Palomar Airport. Accordingly, consistent
with Noise Element Policy C.6, an Acoustical Analysis Report (Ogden
Environmental and Energy Services Co., 4/14/95) has been prepared for this
project. Pursuant to Noise Element Policy C.5, the exterior and interior noise
levels for all residential units should be mitigated to 65 dBA CNEL and 45
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dBA CNEL respectively. In order to adequately mitigate project exterior and
interior noise levels the following measures will be incorporated into the
project:
a. a 6 foot tall sound wall constructed along the top of the Alga Road fill
slope;
b. mechanical ventilation and a closed window condition for the majority
of the units located adjacent to Alga Road; and
c. the recordation of a notice that the property is subject to overflight,
sight and sound from aircraft operating from Palomar Airport.
These mitigation measures have been conditioned to be incorporated into the project.
S. Open Space and Conservation
This project is consistent with the Open Space and Conservation Element.
Specifically: (1) no encroachment into open space identified on the Official
Open Space and Conservation Map is proposed; (2) pursuant to the Zone 5
Local Facility Management Plan, the adopted performance standard for Open
Space for Zone 5 has already been met; and, (3) this project has been
conditioned to provide a 20 foot wide easement for the future construction of
City Trail Segment #30 along the eastern side of the property.
C. Carlsbad Municipal Code
1. Chapter 21.85 -lncluslonary Housing
The City's Inclusionary Housing Ordinance, identifies this project as a
"combined inclusionary housing project". A "combined inclusionary housing
project" is defined as a contractual relationship whereby some or all of the
inclusionary units associated with one development are produced and
operated at an alternative site. This arrangement is allowed by the ordinance,
subject to the approval of the final decision making authority of the City. The
construction of a combined inclusionary housing project is limited to sites
within the same City quadrant in which the market rate units are located or
sites which are contiguous to the quadrant in which the market rate units are
proposed. Based upon this requirement, the Laurel Tree apartment project
could only satisfy the inclusionary obligations for residential proposals which
are located in the Southwest Quadrant. In this case, both the Kaiza Poinsettia
project and the Mariners Point project are located in the Southwest Quadrant.
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This project also complies with the Inclusionary Ordinances locational criteria st~ndard (see
General Plan Amendment discussion) and bedroom mix standard (see Housing Element
discussion).
2. Chapter 21.24 -Residential Density-Multiple Zone:
The project complies with the development standards of the proposed RD-M
Zone as demonstrated in the following table:
Table 1: COMPLIANCE WITH DEVELOPMENT STANDARDS
STANDARD REQUIRED PROPOSED
Lot Size 10,000 sq. ft. 11.99 acres
Lot Width 60 feet 510 feet
Lot Coverage 60% max. 18.1%
Front Yard Setback 10-15 feet 15 feet
Street Side Yard Setback 5-10 feet 90 feet min.
Side Yard Setback 5 feet 70 feet min.
Rear Yard 10 feet 95 feet
Building Height 35 feet 35 feet
3. Chapter 21.53, Section 21.53.120 -Site Development Plan
The Carlsbad Municipal Code Section 21.53.120 requires a Site Development
Plan for any multi-family residential apartment development having more than
4 dwelling units or an affordable housing project of any size. Prior to the
approval of a Site Development Plan for an affordable housing project, the
project must be in conformity with the General Plan and adopted policies and
goals of the City and not have a detrimental effect on public health, safety
and welfare.
As previously discussed in the General Plan Amendment and General Plan
Consistency sections of this report, the proposed project would be in
conformity with the General Plan and compatible with surrounding land uses.
The project, as conditioned, would also not have a significant impact on the
environment.
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The project includes adequate on-site parking (265 resident spaces and 37
guest spaces) in compliance with the City's Parking Ordinance, and efficient
circulation (minimum 30 foot wide driveways) to serve the needs of project
residents and guests. Therefore, this project would not impact the availability
of offsite street parking. A pedestrian circulation system, that is separated
from the project driveways, is also provided to allow sufficient and safe
pedestrian access throughout the project. Sidewalks will be provided along the
project's street frontages to provide access to and from the project. The
project is also conditioned to provide adequate emergency access, including:
(1) an interim emergency access leading from the northeast comer of the
property northward along Laurel Tree Lane: and, (2) a future emergency
access, leading from the southeast comer of the site to Cobblestone Road.
The project has been reviewed and conditioned by the Fire Department.
Potential project visual impacts to the Palomar Airport Road scenic corridor
will be adequately addressed through heavy perimeter project landscaping,
building heights being restricted to an average of less than 30 feet and a
maximum of 35 feet ( only 1 building), the use of earthtone colors on building
exteriors, and the project's horizontal separation (between 650 and 890 feet)
from Palomar Airport Road. The provision of a 6 foot tall screen wall ( noise
wall), landscaping and a 4 to 36 foot grade differential along Alga Road would
adequately screen the project's structures and parking areas from Alga Road.
4. Chapter 21.95 -Hillside Development Ordinance:
The project design is in conformance with the overall intent and development
and design provisions of the Hillside Development Ordinance. The proposed
project grading would create building pads within the base of an existing
canyon that are terraced from south to north, to provide views while
preserving the topographic integrity of the canyon landform. None of the
manufactured cut and fill slopes would exceed 30 feet in height and all would
be visually screened with landscaping and buildings. The buildings have
varying roof lines and pitches. Internal driveways have been aligned to follow
the natural contours of the site.
The project site's hillside slope conditions and undevelopable areas have been
identified on the Constraints Exhibit "F', dated September 20, 1995. As
shown on Exhibit "F", in addition to the slopes subject to the Hillside
Ordinance, the project site contains: (1) several small isolated slope areas of
greater than 40% that are less than 15 feet in height and less than 4000 sq.
ft. in area; and, (2) several small isolated ravines which are otherwise
environmentally unconstrained. Pursuant to Section 21.95.090(b) of the
Hillside Development Ordinance, these areas are being recommended for
exclusion from the requirements of the ordinance.
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D.
The project's grading volume of 8,720 cubic yards per graded acre is defined
as "potentially acceptable" under the Hillside Ordinance. The Planning
Director and City Engineer concur that the written findings contained on
Exhibit "E", dated September 20, 1995, are adequate to justify the proposed
grading volumes.
Mello II Local Coastal Program:
The project is located within the Coastal Zone and complies with the
requirements of the Coastal Overlay Zone (for Mello II) as follows:
1. Mello II contains a policy pertaining to the preservation of steep slopes
(25% gradient and greater). Steep slopes which possess endangered
species and/or Coastal Sage Scrub and Chaparral plant communities
(referred to as "dual criteria slopes") are to be preserved in their
natural state when such preservation would not preclude any
reasonable use of the property. A 10% encroachment into identified
"dual criteria slopes" may be permitted in cases where application of
the 25% slope/sensitive habitat restriction would be "unreasonably
restrictive". This policy does not apply to the construction of roads
identified on the City's Circulation Element (Alga Road).
Additionally, development of "dual criteria slopes" may be permitted
to provide access to flatter ( developable) areas. For all other steep
slopes (which are not dual criteria) encroachment may be permitted
subject to specific findings.
As shown on Exhibit "G", 2.443 total acres of the subject property is
comprised of steep slopes (25% and greater). The construction of
Alga Road (which is exempted under this policy) will impact 1.152 of
these acres (including .091 acres which are "dual criteria"). Of the
remaining steep slope acreage (1.291 acres), .01 acres are "dual criteria
slopes". The project will encroach into .01 acres (9.9%) of "dual
criteria slopes". This "dual criteria slope" encroachment does not
exceed the permitted 10% encroachment, is necessary to provide access
to flatter ( developable) areas of the property, and would be
unreasonably restrictive not to allow it.
The appropriate findings can be made to allow the development of all
other steep slopes (1.281 acres) as discussed below:
a. A soils investigation has been conducted (San Diego Soils
Engineering, August 1985) which determined that the slope
areas are stable and grading and development impacts are
mitigable for at least 75 years;
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b. The grading of the small, isolated steep slope areas is necessary
to enable the development of a well designed, functional and
safe affordable housing project;
c. As verified by the Biological Survey for the project (Anita
Hayworth, March 1995), the proposed slope disturbance will not
result in significant impacts to major wildlife habitat or native
vegetation areas or interrupt significant wildlife corridors;
d. The steep slope area proposed for development is considerably
less than 10 acres in area (1.281 acres); and
e. Pursuant to the Mitigated Declaration for the project, dated
July 7, 1995, all project environmental impacts have been
mitigated.
2. The project site is located in the Coastal Agricultural Overlay Zone
(Site II) of the Mello Segment of Carlsbad's Local Coastal Program
and contains prime agricultural soil (Qass II). Accordingly, the
project has been conditioned to mitigate the conversion of this prime
agricultural land to a residential use.
3. In that a 72 foot wide street ("A" Street) separates the project from the
adjacent agricultural use to the north, development of the site would
not preclude or negatively affect agricultural development on this
adjacent property.
4. The project will include an on-site de-pollutant basin located in the
northeast comer of the site to control drainage and prevent erosion
into Encinas Creek.
E. Habitat Management Plan
As shown on Exhibit "F", implementation of this project would impact .82
acres of high quality Coastal Sage Scrub (CSS) habitat. Of this total, .74 acres
is located within the right-of-way or fill slope area for Alga Road ( a City
Circulation Element Road). The remaining .07 acres of CSS is located within
the specific project limits. One pair of California gnatcatchers was observed
on the property using the CSS and other CSS located to the west of the
property. In that CSS has protected status and the California gnatcatcher is
federally listed, this project impact is significant and requires mitigation.
The City is developing a procedure, consistent with section 4( d) of the
endangered species act, to allow for the take of CSS prior to the completion
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GPA 95--01/ZC 95--01/LCPA 95--02/LFMP 87--05(8)/
SOP 95--01/HDP 95--01 -LAUREL TREE APARTMENTS
SEPTEMBER 20, 1995
PAGE 14
and approval of a subregional Natural Communities Consetvation Planning
program (NCCP). This draft procedure would include the requirement for
the City to: establish the base number of acres of CSS habitat in the
subregion, calculate 5% for the interim habitat loss, and keep a cumulative
record of all interim habitat losses. Consistent with this draft take procedure,
a number of findings would be required to be made to allow this project to
take CSS, as discussed below:
1. As discussed below, the proposed habitat loss is consistent with the
NCCP Consetvation Guidelines. Although, no take permit is being
approved with this discretionary action, the required findings can be
made. Prior to the issuance of a grading permit, the project applicant
shall be required to apply for and be granted a 4( d) take permit.
2. The City of Carlsbad has calculated that 5% of the base acreage of
CSS is 165.70 acres. As of August, 1995, 19.38 acres have been taken.
The loss of CSS due to the Laurel Tree project and Alga Road ( .82
acres) would result in a cumulative habitat loss of 20.2 acres for the
HMP area when all approved losses are accounted for. This loss does
not exceed the 5% guideline of 165.7 acres.
3. The .82 acre take area is located within Presetve Planning Area 4
(PPA4) of Carlsbad's Habitat Management Plan (HMP). This habitat
loss will not preclude connectivity between areas of high habitat values
since PPA4 is not included as a part of a Linkage Planning Area. The
HMP notes that the PP A4 core areas contain only limited habitat for
target birds, mammals and herptofauna and only make a limited
contribution to the overall presetve system. The core area patches of
habitat may provide some value as stepping stones facilitating dispersal
and movement of wildlife between core areas in adjacent PPA's. In
conclusion, the project will not inhibit connectivity from north to south
or east to west in that the core CSS covered 40% slope areas located
east and west of the project and Encinas Creek, which is located to the
north of the project, will be presetved in open space.
4. The habitat loss will not preclude or prevent the preparation of the
subregional NCCP plan or HMP in that the area is not a part of a
Linkage Planning Area; makes a limited contribution to the overall
presetve system; and, will not impact the use of habitat patches as
stepping stones to surrounding PP As.
5. The habitat loss has been reduced or mitigated by the design of the
project, in that the majority (90%) of the habitat loss results directly
from the construction of Alga Road. The applicant is proposing to
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GPA 95--0l{ZC 95--01/LCPA 95-02/LFMP 87--05(8)/
SDP 95--01/HDP 95--01 -LAUREL TREE APARTMENTS
SEPTEMBER 20, 1995
PAGE 15
F.
mitigate this impact by purchasing for preservation, 1.64 acres of CSS
habitat within the high quality CSS area located in the Carlsbad
Highlands mitigation bank. In that Alga Road ( a City Circulation
Element Road) would be constructed even in the absence of the
Laurel Tree project, it and the project would qualify for first priority
use of the City's 165.7 CSS take acreage.
6. The loss of CSS habitat on the Laurel Tree property will not
appreciably reduce the likelihood of the suIVival and recovery of the
California gnatcatcher for three reasons. First, as noted above, large
blocks of habitat will not be lost and fragmentation will not occur.
Second, the Laurel Tree property is at the periphery of a sub-
population of the gnatcatcher; it is not in the center where the loss of
habitat would be more important. Finally, it is not certain that the
pair of gnatcatchers will be disturbed to the point of abandoning the
site. Enough habitat will be preserved in the immediate area that the
single pair may be able to continue occupying the area. The loss of
the pair, if it occurs, would result in the loss of less than 1 percent
(0.0067) of the City of Carlsbad HMP estimated subpopulation.
7. The habitat loss is incidental to otherwise lawful activities. The
development of the Laurel Tree property is a legal proposed
development for which all required permits shall be obtained.
Mitigation for impacts to CSS habitat are proposed to be accomplished
through purchase of equal or better habitat at an off-site location. The
proposed mitigation area (Carlsbad Highlands) has been previously
accepted as an appropriate mitigation site by the California
Department of Fish and Game and the U.S. Fish and Wildlife SeIVice.
Growth Management:
The proposed project is located within Local Facilities Management Plan
(LFMP) Zone 5, which is located within the center of Carlsbad at the
intersection of the City's four quadrants. The existing Zone 5 LFMP
( approved in June, 1987) evaluates public facilities and seIVices needed to
serve the buildout of this area of the City, which is comprised exclusively of
nonresidential land uses. Implementation of this 138 unit residential project
requires an amendment to the Zone 5 LFMP. The LFMP amendment is
'pecessary to revise the buildout projections of the Zone 5 Facility Plan and
analyze the facility impacts associated with converting the use on this Zone
5 property from commercial to residential.
Buildout of the Laurel Tree property under its existing Office and Related
Commercial land use would result in the development of approximately
. -GPA 95--0l{ZC 95--01/LCPA -02/LFMP 87--05(8)/
SOP 95--01/HDP 95--01 -LAUREL TREE APARTMENTS
SEPTEMBER 20, 1995
PAGE 16
STANDARD
147,000 square feet of office use. As shown on the table below, converting
the planned land use on the Laurel Tree property from 147,000 square feet
of office use to 138 dwelling units will affect (revise) the demand for public
facilities and seIVices. However, this project will be served by public facilities
which are adequate to meet the revised demand associated with the land use
change and all facilities will remain in compliance with adopted City
standards. All public facilities necessary to serve this project are either
already in place or will be provided through conditions of approval placed on
this project.
As previously discussed under the General Plan Amendment section of this
report, this Local Facilities Management Plan Amendment, which converts the
land use on the subject Zone 5 property from an office use to a residential
use, is consistent with Growth Management Policies C.l, C.2 and C.8 of the
Land Use Element of the General Plan.
GROwrH MANAGEMENT COMPLIANCE
0 F F I C E RESIDENTIAL COMPLIANCE IMPACTS IMPACTS
City Administration NIA 511 sq. ft. Yes
Library NIA 273 sq. ft Yes
Waste Water Treatment 81.67 EDU 138 Yes
Parks $73,500 1.02 acres Yes
Drainage NIA NIA Yes
Circulation 2940 ADT 1104 Yes
Fire Station #4 Station #4 Yes
Open Space NIA NIA Yes
Schools $36,750 cuso-Yes
Sewer Collection System 81.67 EDU 138 Yes
Water 22,500 GPO 34,500 Yes
:Smee thlS project requires a 1egis1at1ve action (UCneral t'tan Amenament), 1t W1ll De subject to school e es
and/or other school mitigation requirements, the exact amount of which cannot be determined at this time.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project could have a significant effect on the
environment, however, there will not be a significant effect in this case because the
mitigation measures described in the attached initial study have been added as conditions
GPA 95-0l{ZC 95-01/LCPA ,-.02/LFMP 87-05(B)/
SOP 95-01/HDP 95-01 -LAUREL TREE APARTMENTS
SEPTEMBER 20, 1995
PAGE 17
of approval to this project. This decision was based on findings of the Environmental
Impact Assessment Part II, a Biological Survey, an Acoustical Analysis, a Soils and
Geotechnical Investigation, Cultural Resources Survey, Preliminary Drainage Study and a
site survey by staff. A Mitigated Negative Declaration was issued by the Planning Director
on July 7, 1995. There were no letters of comment received during the public review period
for this Mitigated Negative Declaration.
ATTACHMENTS
1. Planning Commission Resolution No. 3810
2. Planning Commission Resolution No. 3811
3. Planning Commission Resolution No. 3812
4. Planning Commission Resolution No. 3813
5. Planning Commission Resolution No. 3814
6. Planning Commission Resolution No. 3815
7. Planning Commission Resolution No. 3816
8. Location Map
9. Background Data Sheet
10. Local Facilities Impact Assessment Form
11. Disclosure Statement
12. Reduced Exhibits
13. Full Size Exhibits "A" -"BB", dated September 20, 1995.
CD:kc:vd
-
LAUREL TREE APARTMENTS
GPA 95-01 /ZC 95-01 /LCPA 95-02/
LFMP 87-05(8)/SDP 95-01 /HOP 95-01
BACKGROUND DATA SHEET
CASE NO: GPA95-0 l/ZC95-0l/LCPA95-02/LFMP87-05{B)/SDP95-0l/HDP95-01
CASE NAME: LAUREL TREE APARTMENTS
APPLICANT: Metropolitan Area Advisory Committee {MAAC)
REQUEST AND LOCATION: General Plan Amendment and Local Coastal Program
Amendment from Office and Related Commercial (0) to Residential High {RH) and a Zone
Change from Office (0) to Residential Density Multiple with a Qualified Development Overlay
(RDM-O) for an 11.99 acre site located at the northeast corner of the future Alga
Road/Cobblestone Road intersection. A Site Development Plan, Hillside Development Permit
and Local Facilities Management Plan to construct 138 residential apartment units on the property
is also requested.
LEGAL DESCRIPTION: Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County of
San Diego, State of California, filed 5/5/89 as File No. 89-23967 of official records.
APN: 212-040-46 Acres 11.99 Proposed No. of Lots/Units 138 units
GENERAL PLAN AND ZONING
Land Use Designation Existing: Office and Related Commercial (0); Proposed: RH
Density Allowed 19 du/ac Density Proposed 15.31 du/ac
Existing Zone Office (0) Proposed Zone """R ___ D=-M_-O ____ _
Surrounding Zoning and Land Use: (See attached for infonnation on Carlsbad's Zoning
Requirements)
Zoning Land Use
Site Existing: O;
Proposed: RDM-Q Undeveloped
North E-A Agricultural
packing shed
South R-1-10-Q Undeveloped
East R-1-10-Q Undeveloped
West L-C Residential
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) ..... 1=3=8-=E=D:;;..U='..:::.s ___________ _
Public Facilities Fee Agreement, dated-"D=ece=m=be=r,_7 .... ,....,1=9=9_,_4 __________ _
ENVIRONMENTAL IMPACT ASSESSMENT
__x_ Mitigated Negative Declaration, issued ..:1:..:::u.:..ily~7 .... ,....,1=9..::;.9.:::..5 _________ _
_____ Certified Environmental Impact Report, dated _________ _
Other, ___________________________ _
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITTES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Laurel Tree Apartments -GPA 95-01/ZC 95-01/LCPA 95-021
LFMP 87-05{B)ISDP 95-01/HDP 95-01
LOCAL FACILITY MANAGEMENT ZONE:_5_ GENERAL PLAN: RH
ZONING: -RD~M~-.... 0 __ _
DEVELOPER'S NAME: Metropolitan Area Advisory Committee (MAAC)
ADDRESS: 140 West 16th Street. National City. CA. 91950
PHONE NO.: (619) 474-2232 ASSESSOR'S PARCEL NO.: 212-040-46
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. Fr., DU): __ 1 ___ 38----=-D-=-U-=-'s ______ _
ESTIMATED COMPLETION DA TE:
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 ADTs =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. •
Open Space: Acreage Provided -
Schools:
(Demands to be determined by staff)
Sewer: Demand in EDUs -
Identify Sub Basin -
(Identify trunk line(s) impacted on site plan)
511 sq. ft.
273 sq. ft.
138 EDU
1.02 acres
NIA
NIA
1104 ADT
#4
NIA
CUSD
138 EDU's
NIA
Water: Demand in GPD -34.500
This project will require the withdrawal of 138 dwelling units from the City's Excess Dwelling
Unit Bank. There are adequate excess dwelling units within the bank to allocate to this project
and not exceed the southwest quadrant or Citywide dwelling unit caps.
-
City of Carlsbad MARhihielil•iA 1hhiiitdeil
DISCLOSURI STATEMENT
APPUCAHn STATW 0/1 DIICI 08UM Ol"CMrMI CMI' .. • INl"EN!!lll llN ALL APPUCAT10NI WHICH WIJ. AEQulM
~ ACT10N ON THe PNff OI THI! CIIY COLlltCL.. 0111 Nit ""°"Ito IQMD, COS 2-tON OR 00MMITTU.
Th• fallowing Information mu.t be disclolld:
,. Appnc,m
Ust th• namH and adclr .. ,n of an pMOnl having I flnancill Interest In the eppllcation.
Metrapa)jtao Area Advisory Committee oo Aotj-paverty of San P~~o_county, Inc.
140 w. 16th Street
National City, CA 91950
2. 0wn,,
List th• names and addr ..... of al pMOnl having ll"V ownership Iratest In the property involved.
Lapre] Tree Investments L.P,
c/o Spiers Enterprises
23 Corporate Plaza #139
Newport Beach, CA 92660
3. If any ptrson ldentltled pursuant to (1) or (2) lbcM II a corpcnllon ot partnership, lilt .,. names and addresse
of al indlvlduall owning more thin 105 of b .._ 1ft lie corpo,don or owning any partnership Interest In th,
partnership. ·
Dwight w, Spiers
23 Corporate Plaze. SUite 139
Newport Beach, CA 92660
Et:aplc MjcbeJeoa txeoa Iovestoeots
1520 Nutmeg Place, SUite l0OC
Costa Mesa, CA 92626
4. If any peqon lcMntlfted pureuanl to (I) o, (II 1bcW9 II I non-proll Ofgllelidon or a l'UII. let lie namN an
add,.... of en, person NMng • OIIDa « dlr9C&Of dlw no1,-,,alll a,gallzllon or• INl1N or benetlcia,y 4
thetNIL See attached list of MAAC Board of Directors
FAM0001 12/91
.... I • • --...... -1 • ---.. -,. -··• .... ,_ -----. --
--
DIIClo1ure Statement
5. Have you had mo,. than 1250 worfh ol buain•• 1tan1acted wllh wry member ol City it.all, Board
Commissions, Committees 1nd Council within lh• pat ,.,,.,..,. monlha1 Yes _ No ~XII yea, plea• ind"'-,»tSOn(s) ________________ _
em.a II cf9'ined •: .,,,,,,, lftdt-id MIi .... 111,8'1M11Np, JalN VMUe, I: cf Jiff\ ........ ....._ ........ ., oo,po,Jafof;. --• .._, ,_.. ,
. ~,_._, Ille Md llfl...., COUlllr, .a, Md....._, --,.....,.._, ..._. •...,,...., 11i,dMJlll'.I. •.,., .._, .... • oomolnllon K11ftt •
11n&.•
~: Allad'I ldCIIUonll P11QN • net111py.)
&s?ffi±: ~::
Signature of Owner/date
adward Nicholas, cnairperson
Ileci gbt w ~; ecs
Print or type name of owner Print 0t type name of applicant
FAM0001 12191
--
MA.AC PROJECT
BOARD OF DIRECTORS
EDWARD NICHOLAS -CDIRPDSON
DELFIN LABAO -VICE-CBAIRPDSON
DOLORES ADAME -SECRETARY
JUAN RODRIQUEZ -TRBAStJRD
1) Anthony Venegas
Stadium Technician
90 E. Naples
Chula Vista, CA 91910
525-8273 (work)
691-1219 (home) 6/77
2) Ernesto Azhocar
Retired
1615 Lanoitan Avenue
National City, CA 91950
267-4741 (home) 4/74
3) Dolores Adame
Community Activist
250 E. Park Avenue
San Ysdiro, CA 91973
4)
428-1618 (home) 7/82
Delfin Labao
Retired
1901 Gamma Street
National City, CA
262-2197 (home)
91950
8/74
5) Manuel Camacho
6)
Teatro Musical Director
3717 Meade Avenue
San Diego, CA 92116
281-8262 (home)
474-5270 (work) 6/76
Edward Nicholas
High School Coach
2312 "F" Avenue
National City, CA
477-5726 (home)
91950
1/81
-
7) Victor Resendez
Principal, Penn Elementary
3932 Palm Drive
Bonita, CA 91902
575-5962 (work}
472-0060 (home) 6/78
8) Juan Rodriquez
Nursery Worker
2212 Primosi, Apt. 5
Vista, CA 92083
598-9863 (home}
727-2492 (work} 7/87
9) Annie Arroyo
Tax Compliance Officer
327 W. Barbier Drive
Vista, CA 92083
465-3958 (home)
284-9913 (work} 3/90
10) Lorraine Espinoza
Student Library Assistant
California State University
4328 Rainier Way, #F
oceanside, CA 92057
722-8292 (home)
752-4330 (work) 4/94
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