Loading...
HomeMy WebLinkAbout1995-09-20; Planning Commission; ; GPA 95-01|ZC 95-01|LCPA 95-02|SDP 95-01|HDP 95-01 - LAUREL TREE APARTMENTS- 1\e Oty ., lJnW PlmflC ...... 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 GPA 95-0l(l.C 95-01/LCPA 95-02/LFMP 87-0S(B)/ SOP 95-01/HDP 95-01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGE2 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. GPA 95-01/ZC 95--01/LCPA 95--02/LFMP 87--0S(B)/ SOP 95--01/HDP 95--01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGE3 - 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); -- GPA 95-01/ZC 95-01/LCPA 95-02/LFMP 87-0S(B)/ SOP 95-01/HDP 95-01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 - PAGE4 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 GPA 95-01/ZC 95-01/LCPA 9.5-02/LFMP 87-05(8)/ SOP 95-01/HDP 95--01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGES 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 - GPA 95-0l{ZC 95-01/LCPA 95--02/LFMP 87-0S(B)/ SOP 95-01/HDP 95-01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGE6 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. GPA 95-0l{ZC 95-01/LCPA 95-02/LFMP 87-0S(B)/ SOP 95-01/HDP 95-01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGE? A.2. Local Coastal Program Amendment - 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. GPA 95-0l(ZC 95-01/LCPA 95-02/LFMP 87-05(8)/ SOP 95-01/HDP 95-01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGES 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 - GPA 95-0l{ZC 95-01/LCPA ~J-02/LFMP 87-05(8)/ SOP 95-01/HDP 95-01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGE9 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. --GPA 95--01/ZC 95--01/LCPA 02/LFMP 87--05(B)/ SOP 95--01/HDP 95--01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGE 10 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. -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 11 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. -GPA 95-0l{ZC 95-01/LCPA. 02/LFMP 87-0S(B)/ SDP 95-01/HDP 95-01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGE 12 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; -- GPA 95-0l{ZC 95-01/LCPA 95-02/LFMP 87-05(B)/ SOP 95-01/HDP 95-01 -LAUREL TREE APARTMENTS SEPTEMBER 20, 1995 PAGE 13 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 - 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 - 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 -