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HomeMy WebLinkAbout1993-02-15; City Council; 12593; Costa Do Sol CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10r-TY OF CARLSBAD - AGf+. IDA BILL 1 1 ,- I 01 do 9-l u .A ’ A6 # 12 54 3 TITLE: ~ COSTA DO SOL - CT 92-Ol/PUD 92-Ol/ MTG. 2115193 SDP 93-04/HDP 92-10 DEPT. PLN DEPT. HD. CITY ATT< CITY MGRi . Oh urn al 22 E .z OZ u si X- u VI u-4 uw a d)u I RECOMMENDED ACTION: The Planning Commission, Housing Commission, and staff are recommending that the City Council direct the City Attorney to prepare documents APPROVING CT 92-01, PUD 92-01, and SDP 93-04, as approved by the Planning Commission. ITEM EXPLANATION On November 3, 1993, the Planning Commission conducted a public hearing and recommended approval with modification (7-O) of the Costa Do Sol project, located east of Paseo de1 Norte and north of Camino de las Ondas in Local Facilities Management Plan Zone 20. On January 13,1994 the Housing Commission reviewed the affordable housing components of the project and recommended (8-O) that the City Council approve the project. The project is located on a 29 acre parcel directly south and adjacent to the City’s Poinsettia Community Park site. Access to the property is provided by future Hidden Valley Road which would be a non-loaded collector street that would intersect with existing Camino de las Ondas to the south. The project consists of 112 single-family homes on individual lots that range in size from 5,400 to 15,000 square feet and 40 condominium units that range in size from 685 to 1,250 square feet. The project features contemporary architecture with tile roofs, a central recreation facility with a pool and active play courts, a recreational vehicle storage area, and the provision for a citywide trail link from Camino de las Ondas to the future Poinsettia Community Park. Per the requirements of the City’s recently adopted Inclusionary Housing Ordinance, 15% of the proposed dwelling units (23 affordable units), must be provided for lower income households. The developer is proposing to provide those affordable dwelling units as for-sale homes within the condominium portion of the project. The for-sale units would be affordable to households at 80% of the county median income. The developer intends to privately finance the construction of the affordable units and is requesting no financial assistance from the City. The project would be conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to final map approval. To adequately mitigate impacts to school facilities and per the requirements of the recently adopted Zone 20 Specific Plan the Planning Department is recommending that the following condition be added to the Tentative Map: “Prior to the approval of any final map or the issuance of any permits within the Zone 20 Specific Plan, the applicant for the final map or permit shaJl submit evidence to the City that impacts to school facilities have been mitigated in conformance with the City’s Growth Management Plan to the extent permitted by applicable state law for legislative acts. If the mitigation involves a financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City’s Growth Management Plan including City Council Policy Statement No. 38, the developer shall submit disclosure documents for approval by the City Manager and City Attorney which shaU disclose to future owners in the project, to the maximum extent possrble, the existence of the tax and that the school district is the taxing agency responsrble for the financing district. At a minimum the project CC&R’s shall require maximum disclosure and signed statements for disclosures upon transfer of residential property’. . PAGE 2 OF AGENDA BILL NO. 12; L;cj :!i More detailed information is included in the attached staff report to the Planning Commission and the Housing Commission. There was no public testimony given to the Planning Commission. Additional changes to the project proposed by the Planning Commission at the hearing have been incorporated into the appropriate Planning Commission Resolutions. The project is in compliance with all adopted local land use plans, ordinances, and policies and is consistent with the Mello II Segment of the Local Coastal Program. ENVIRONMENTAL REVIEW The project site is located within the boundaries of Zone 20 Specific Plan (SP 203) which covers the 640 acre Zone 20 planning area. The direct, indirect, and cumulative environmental impacts from the future development of the Zone 20 planning area have been discussed in the Final Environmental Impact Report (EIR 90-03) for the specific plan. Additional project level studies have been conducted including soils investigation, biological analysis, traffic study, archaeology evaluation, and a drainage study. These studies provide more focused and detailed project level analysis and indicate that additional environmental impacts beyond what was analyzed in Final EIR 90-03 would not result from implementation of the project. This project is in prior compliance with Final EIR 90-03,and would not create any additional significant environmental impacts. The recommended and applicable mitigation measures of Final EIR 90-03 would be included as conditions of approval for this project. FISCAL IMPACT As discussed in the Zone 20 Local Facilities Management Plan, all major capital facilities will be funded by the developer of this project. A financing plan that comprehensively addresses the provision of public facilities within the facility zone has been approved by the City Council. The developer intends to privately finance the construction of the affordable units and is requesting no financial assistance from the City. The action before the Council will have no direct fiscal impact on the City. The ultimate development of the Zone 20 planning area will have a variety of fiscal impacts on the City including additional costs and revenues. No determination of the specific costs and benefits has been made at this time. GROWTH MANAGEMENT STATUS Facilities Zone Local Facilities Management Plan Growth Control Point Net Density - 20 20 6 DU/ACRE 5.3 DU/ACRE Special Facilities I - I C.F.D. NO. 1 EXHIBITS 1. Location Map 2. Planning Commission Resolution No. 3546, 3547 & 3548 3. Planning Commission Staff Report, dated November 3, 1993 4. Excerpts of Planning Commission Minutes, dated November 3, 1993 5. Housing Commission Staff Repori, dated January 13, 199j 6. Housing Commission Resolution No. 94-002 2 EXHIBIT 1 City of Cdsbd L CT 92.OVPUD 920Ol/ COSTA DO SOL SDP 9%04/HDP 92-10 2 _ . , EXHIBIT 2 1 2 3 4 5 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 112 SINGLE-FAMILY LOTS AND 40 CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: COSTA DO SOL CASE NO: CT 92-01 WHEREAS, a verified application for certain property to wit: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder’s Office, July 6, 1977. 10 11 12 13 14 WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 15 hold a duly noticed public hearing as prescribed by law to consider said request; and 16 WHEREAS, at said public hearing, upon hearing and considering all testimony has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and 17 II and arguments, if any, of all persons desiring to be heard, said Commission considered all I ia 19 20 21 22 23 24 25 26 27 28 factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 92-01, based on the following findings .and subject to the following conditions: Findinm: 1. The project is consistent with the Zone 20 Specific Plan since the overall proposed density of 5.3 dus/acre is within the density range of 4-8 d&acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The project is consistent with all City public facility policies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 3. The project is in compliance with the adopted mitigation measures of Final Environmental Impact Report 90-03 and would not create any additional significant adverse environmental impacts. 4. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 5. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. 6. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. 7. 8. 9. 10. 11. 12. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The proposed project is compatible with the surrounding future land use since surrounding properties are designated for residential development on the general plan. PC RESO NO. 3546 -2- 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. The project is consistent with all policies of the Mello II Local Coastal Program. 14. The tentative map satisfies all requirements of the Title 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act. General Planning Conditions: 1. 2. 3. 4. 5. 6. 7. Recommendation of approval is granted for CT 92-01, as shown on Exhibits “A” - “TT”, dated October 6, 1993 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. This project is also approved under the express conditions that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated January 14, 1992, a copy of which is on rile with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. Water shall be provided to this project pursuant to the Water Service Agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the conditions complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. PC RESO NO. 3546 -3- lo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. 15. 16. Approval of CT 92-01 is granted subject to the approval of PUD 92-01, SDP 93-04 and HDP 92-10. The project is also granted subject to approval of SP 203 and certification of Final EIR 90-03. The developer shall provide the City with a reproducible 24” x 36”, ,mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. The applicant shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: “Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is RM. The Growth Control Point for this designation is 6 dwelling units per nonconstrained acre. All parcels were used to calculate the intensity of development under the general plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include all parcels under the general plan and Chapter 21.90 of the Carlsbad Municipal Code.” Prior to approval of the final map, the applicant shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. If the approval is substantially different, an amendment to CX 92-01 shall be required. The applicant shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The applicant shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. PC RESO NO. 3546 -4- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. The CC&R’s shah include provisions specifying: (1) Homeowner’s Association maintenance responsibility for all natural open space, slope maintenance easements, and landscape easements, as shown on the approved tentative tract map and landscape plan (CT 92-Ol), which is on file in the Planning Department; (2) The central recreational facilities on Lot 91 shall be made available for &se by all the residents in the project, including the condominium portion of the site plan; (3) For single-family lots, all room additions, enclosed structures, jacuzzis, spas or solariums that require a building permit shah conform to the setback and coverage requirements of the R-l Zone and the accessory structure standards of Title 21 of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. Prior to the issuance of the building permit there shall be a Notice of Restriction placed on the deed to this property subject to the satisfaction of the Planning Director notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Development Permit, Site Development Plan, and Hillside Development Permit by Resolutions No.‘s 3547, 3548, and 3549, on the real property owned by the declarant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. Said Notice of Restriction may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. All roof appurtenances, including air conditions, shall be architecturally integrated and concealed from view and sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. In the condominium portion of the project all visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director prior to occupancy of individual units. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. Trash receptacle areas in the condominium portion of the project shall be enclosed by a six foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. The enclosure shall be of similar colons and/or materials to the project to the satisfaction of the Planning Director. PC RESO NO. 3546 -5- R - * 1 2 3 4 5 6 7 6 9 1c 11 12 12 14 1E 1c 11 16 19 2c 21 2i 22 24 25 26 27 28 23. 24. 25. 26. 27. 28. For the condominium portion of the project an exterior lighting plan including parking areas shall be submitted for Planning Director approval prior to issuance of building permits. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The applicant shall submit a wall and fencing plan subject to Planning Director approval prior to issuance of building permits. The layout and design of the active recreational uses on Lot 91, including the active play courts, are specifically not approved as part of this site plan. Prior to issuance of a building permit the applicant shall submit a revised plan subject to review of the Planning Director, and approval of the Planning Commission. Prior to issuance of a building permit the applicant shall submit detailed building elevations and floor plans of the recreational buildings subject to approval by the Planning Director. Prior to approval of the final map or issuance of building permits, whichever occurs first, the applicant shall notify, to the satisfaction of the Planning Director and City Attorney, all owners, users and tenants of this project that a community park site is located adjacent to this project to the north. Prior to final map approval, the applicant shall be required: (1) to consult with U.S. Fish and Wildlife Service (FWS) regarding the impact of the project on the Coastal California Gnatcatcher; and (2) be issued any permits required by the FWS. Affordable Housing Conditions: 29. 30. 31. This project is approved, subject to the condition that the required income restricted units shall be constructed concurrent with the project’s market rate units. The project shall construct housing units affordable to persons and families of lower income and comply with all the req uirements of the Affordable Housing Plan of the Zone 20 Specific Plan (SP 203). Prior to final map approval, an Affordable Housing Agreement shall be required to be submitted by the applicant to the City, approved by the Planning Director and Director of Housing and Redevelopment, and completed and recorded as a deed restriction on those units of the project which are designated for the location of low-income affordable units. The Affordable Housing Agreement shall be binding to all future owners and successors in interest. The Affordable Housing Agreement, for which the inclusionary housing requirement will be satisfied through new construction of inclusionary units, on-site, and shall establish, but not be limited to, the following: (a) The number of inclusionary dwelling units proposed; (b) The unit size(s) (square footage) of the inclusionary units and the number of bedrooms per inclusionary dwelling units; PC RESO NO. 3546 -6- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. (cl (4 (4 03 (g) 04 The proposed location of the inclusionary units; Tenure of affordablity for inclusionary units (30 years minimum); Schedule for production of the dwelling units; Incentives and/or financial assistance provided by the City; Where applicable, terms and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable inclusionary dwelling units; Where applicable, terms and conditions governing the initial sale of for-sale inclusionary units; and (3 Standards modifications granted by the City. Prior to approval of the final map, if the project’s Inclusionary Housing requirements are not satisfied within the muh&family condominium portion of the project site, the 24 foot wide private driveways leading to the RV storage area and parking spaces shall be redesigned to meet the Planned Development Ordinance standard of 30 feet, subject to approval by the Planning Director. Sign Conditions: 33. Prior to occupancy of any of the apartment or condominium units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. 34. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 35. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and .shall require review and approval of the Planning Director prior to installation of such signs. Landscane Conditions: 36. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the approval of grading or building permits, whichever occurs first. 37. All landscaping shall comply with the Landscape Requirements of the Zone 20 Specific Plan (SP 230). 38. Prior to approval of the landscape and irrigation plans, all manufactured off-site slopes created by this project shall be landscaped to the satisfaction of the Planning Director, and shall include at a minimum, landscaping to control erosion and to provide visual screening of the slopes. 39. Prior to approval of the final map, the applicant shall establish the following easements: PC RESO NO. 3546 -7-. m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. a. A 10 foot landscape easement along Camino de las Ondas and Hidden Valley Road; b. A 12 to 16 foot landscape easement along the northern property line between the single-family portion of the project and the community park. These landscape easements shall be planted by the applicant per the landscape requirements of the Zone 20 Specific Plan prior to occupancy of individual units. All building pad and street areas that are graded and remain vacant or undeveloped for a period of more than 6 months after the grading operation is completed shall be seeded to reduce erosion and visual impacts. If grading is phased, the six month time period shall start at the completion of each individual grading phase. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. The developer shall avoid trees that have invasive root systems, produce excessive litter and/or too large relative to the lot size. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning’ Director certifying that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. PC PESO NO. 3546 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 50. 51. 52. 53. 54. 55. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. The minimum shrub size shall be 5 gallons. The number of trees in the project shall be equal to or greater than the number of residential units. 20% of the required trees in the project shall be 24” box or greater. Prior to approval of the detailed landscape plan, the Recreational Vehicle Storage area shall be visually screened from the public right-of-way with landscaping, or a wall, or a combination of both, to the satisfaction of the Planning Director. Prior to approval of the final map an irrevocable offer of dedication to the City of Carlsbad, Open Space District or other similar entity designated by the City of Carlsbad, for a perpetual easement for public trails over, upon and across lot(s) 11, 12,3242, as shown on the tentative map shall be made on the final map for trails that are part of the Carlsbad Trail System, see Exhibit “K”, dated November 3,1993. If prior to recordation of final map, the City of Carlsbad adopts the financing mechanism necessary to implement the Carlsbad Trail System, the trails shown on the tentative map shall be constructed prior to occupancy of the first unit (within a phase), and shall be constructed by the developer, pursuant to the guidelines of the Open Space and Conservation Resource Management Plan, and dedicated to the City of Carlsbad. If the City of Carlsbad accepts dedication of the trail easement, the City shall assume responsibility, maintenance and liability for the trail(s). If prior to recordation of final map, the City of Carlsbad does not adopt the financing mechanism necessary to implement the Carlsbad Trail System, the applicant will not be required to construct the proposed trails. Said trail easement shall be maintained by the Homeowner Association as shall be stated in the CC&R’s Environmental Conditions: 56. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Local Coastal Program the applicant shall implement one of the following three mitigation options prior to approval of the final map: a. Preserve prime agricultural property within the Coastal Zone consistent with Sections 30241 and 30242, or cluster new development consistent with Section 30250, of the Coastal Act; or b. Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation Option 2 of the Local Coastal Program; or PC PESO NO. 3546 -9- /z 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 57. 58. - Provide payment of an agricultural mitigation fee, the amount of which is $10,000 for each converted acre. Compliance with APCD Rules 51 (The “Nuisance” Rule), 52 (Particulate Matter), and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust impacts generated during grading operations. A note shall be placed on the grading permit stipulating that the following measures shall be required to achieve compliance with these rules, and reduce construction-related air pollutants: a. b. d. e. h. The watering of all surfaces being graded and haul routes shall be required during dry weather conditions. All unpaved areas shall be revegetated according to approved landscape plans as soon as possible after grading. All construction-related traffic shall be restricted to routes that are dust-controlled, and reduced speed limits shah be maintained for all haul and construction vehicles. All construction activities shall be limited during periods of high winds. All heavy-duty, diesel-powered construction equipment shall be operated according to manufacturers suggested operating instruction (with the fuel-injection timing retarded to recommended levels for NO, emissions, but which would not result in excessive visible smoke emissions) in order to control pollutant emissions. Construction equipment shall be subject to regularly scheduled maintenance/tt.me-ups, and be turned off when not being utilized to avoid excessive idling emissions. The application of architectural coating and cut-back asphalt shall adhere to APCD Rules 67.0 and 67.7, to effectively control other construction-related emissions of air pollutants. The Engineering Department shall monitor for compliance during all grading operations of the project. The Homeowners Association shall obtain and distribute to owners and tenants annual information from Caltrans and North County Transit regarding the availability of public transportation, ride-sharing, and transportation pooling services in the area. This information shall also be provided in the sales of the project. A condition so stating this shall also be placed in the CC&R’s for the project. The applicant shall provide the following noise mitigation measures to comply with the current Noise Policy: PC RESO NO. 3546 -lO- . I . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 60. 61. 62. 63. 64. a. Prior to approval of the final map or issuance of building permits, whichever occurs first, the applicant shall prepare and record a notice that this property may be subject to impacts from the overflight, sight, and sound of aircraft operating from Palomar Airport (see Noise, Form #2 on file in the Planning Department). The notice shall be prepared in a manner meeting the approval of the Planning Director and the City Attomei. b. The applicant shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise, Form #3 on file in the Planning Department). Prior to approval of a grading permit a detailed soils testing and analysis report shall be prepared by registered soils engineer and submitted to the Planning Department and County Health Department for review and approval. The report shall identify a range of possible mitigation measures to remediate any potentially significant public health impacts if hazardous pesticides or other chemicals are detected at high concentrations in the soil. Prior to occupancy of individual units a solid wall or fence, and landscaped windbreaks shall be installed along the perimeter of any future developable area that abuts property under “open field” cultivation, in order to reduce public nuisance effects of adjacent pesticide spraying and dust generation from farm vehicles and operations. Prior to approval of the final map or issuance of a building permit, which ever occurs first, a minimum 25-foot wide open space easement shall be provided between “open field” agricultural operations and the adjacent lot lines of future developable areas on-site. This buffer area may be located on the adjacent agricultural property. Prior to approval of a final map or issuance of a building permit, which ever occurs first, an infrastructure improvement plan shall be submitted to the Planning and Engineering Departments for review and approval by the Planning Director and City Engineer. This plan shall illustrate the temporary road connections required to maintain continued access to adjacent agricultural properties that could be impacted by future roadway improvements. Drainage water from buildings, streets, parking lots, and landscaped areas within the project shall be disposed of through stormdrains or otherwise in a manner that will avoid any runoff onto agricultural areas whether planted or fallow. All runoff agricultural and urban shall conform with the National Pollution Discharge and Elimination System Permit requirements pursuant to San Diego Regional Water Quality Control Board Order No. 9042, adopted by City Council Resolution No. 90- 235. PC RESO NO. 3546 -ll- - . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 65. 66. 67. 68. 69. . . . . Prior to approval of the final map or issuance of building permits, whichever occurs first, the applicant shall notify, to the satisfaction of the Planning Director and City Attorney, all owners, users and tenants of this project that this area is subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the owners, users, and tenants occupy this area at their on risk. Paleontology: a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit. b. A qualXed paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process. C. The paleontologist shall be aIlowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. d. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director. Prior to issuance of a building permit the project shall comply with the City of Carlsbad’s standards for solid waste management. All grading shall comply with the recommendations of Geotechnical Exploration, Inc., incorporated in the Geotechnical Engineering Investigation dated April 18, 1989, and June 4, 1992, on file in the Planning Department. Prior to approval of a final map, improvement plans shall be submitted to the Engineering Department showing locations and sizing of reclaimed and or urban runoff diversion facilities, in accordance with the Carlsbad Municipal Water District requirements and the phasing schedule provided in the Zone 20 LFMP. Reclaimed water facilities shall be constructed in all major roadways within the project. PC RESO NO. 3546 -12- 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Engineering Conditions: 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. This project is located within the Mello II Coastal Plan. All development design shall comply with the requirements of that plan. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The applicant shall be responsible for coordination with S.D.G.& E., Pacific Bell Telephone, and Cable TV authorities. This project is approved specifically as 1 (single) unit for recordation. The applicant shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&R’s subject to the approval of the City Engineer prior to final map approval. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. Prior to approval of the final map, the owner shall enter into an agreement with the‘ City to pay any drainage area fees established as a result of the Master Drainage Plan Update. The owner of the subject property shall execute a Hold Harmless Agreement regarding drainage across the adjacent prior to approval of the final map for this project. PC RESO NO. 3546 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 80. This project is located in the CFD District No. 1. As required by state law, prior to the recordation of a final map over any of the subject property, a segregation of assessments must be submitted for all subdivided lots. By applying for a segregation of assessments, the applicant agrees to pay the fee to cover the costs associated with the segregation. A segregation is not required if the applicant pays off the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of each new lot. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Prior to final map approval, the applicant must submit and receive approval for grading plans in accordance with City Codes and standards. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chapter 11.06. 81. 82. 83. 84. 85. 86. 87. PC RESO NO. 3546 Additional drainage easements may be required. Drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. The drainage system shall be designed to ensure that runoff resulting from lo-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the ‘same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results prior to final map approval, issuance of building or grading permits, whichever occurs first. The applicant shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the - - -14- -- , . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 88. 89. 90. City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. All single family residential lots abutting Camino de las Ondas and Hidden Valley Road shall have access rights to these streets relinquished on the final map. The multi-family lot, Lot 115, shall relinquish all access rights to Hidden Valley Road on the Iinal map except for one entrance access opposite Atlantic Drive as shown on the tentative map. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. Completion of public street improvements on the north side of Camino de las Ondas along the project frontage based on a half street width of 34 feet. B. Full public street improvements on Hidden Valley Road within the project boundaries. Half public street improvements plus 12 feet of paving on the portion of Hidden Valley Road lying on the project boundary. Improvement shall be based on a full right-of-way width of 68 feet and a half street width of 34 feet. All or portions of these Hidden Valley road improvements may be installed by a City Project. Pursuant to a reimbursement agreement with the City this condition or portions of this condition may be met by that project. C. Full public street improvements on all the interior streets, Atlantic Drive Copacabana Drive, Sugarloaf Drive, Ipanema Drive, Tijuca Drive and Rio Branco Drive as shown on the tentative map. D. The existing detention-desilt basin located offsite on APN 214-471-52 at the South-West comer of Poinsettia Lane and Batiquitos Drive shall be modified to conform to existing basin standards. This project may be eligible to apply for a partial reimbursement for the modifications. E. An offsite sewer outfall line or an outfall system with line, temporary lift station, and force main to the satisfaction of the District Engineer of the Carlsbad Municipal Water District. A note to this effect shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. The storm drain system as shown on the tentative map is specifically not approved. The system shall be redesigned to meet current City Standards. In particular, the inlets shown in the curb return areas shall be relocated out of the curb return area PC RESO NO. 3546 -15- 16 . . * 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91. 92. 93. 94. - and the storm drain in Camino de las Ondas shall be relocated to be within seven feet of the curb line. The storm dram that outlets on Lot 42 shah be extended into the natural drainage course through an appropriate energy dissipator. The slope shown on the Northeast comer of Hidden Valley road and Camino de las Ondas shall be moved back in order to create a standard comer sight triangle. All lots that have comer sight triangles (Lots 1, 2, 16, 17, 21, 56, 57, 68, 69, 104, 114, and 115) are restricted against having any obstruction, structure or @xlscaping over 30 inches in height as measured from the curb grade. The comer sight triangle is defined as an area between the curb and a line drawn between two points measured 25 feet from the back of curb of each end of the curb return. A notice of restriction to this effect shall be recorded on each such lot concurrent with or prior to the final map. The applicant shall underground all existing overhead utilities along the subdivision boundary prior to issuance of building permits. Fire Conditions: 95. 96. 97. 98. 99. 100. 101. Additional on-site public water mains and fire hydrants are required. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. Applicant shah submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shah be operational before combustible building materials are located on the construction site. All security gate systems controlling vehicular access shah be equipped with a “Knox”, key-operated emergency entry device. Applicant shah contact the Fire Prevention Bureau for specifications and approvals prior to installation. Native vegetation which presents a fire hazard to structures shah be modified or removed in accordance with the specifications contained in the City of Carlsbad PCRESO NO.3546 -16- 14 I . . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the Fire Department for approval. 102. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. Water District Conditions: 103. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands are met. 104. The developer shall be responsible for all fees, deposits and charges which will be collected at time of issuance of the building permit. The San Diego County Water Authority capacity charge which will be collected at issuance of application for meter installation. 105. Sequentially, the Developers Engineer shah do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan for potable, reclaimed and sewer systems prior to the preparation of improvement. 106. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. 107. Developer shah be responsible for the following systems: A. Install 12” potable water line in Hidden Valley Road from Camino De Las Ondas to north of subject project. Developer shall be eligible for reimbursement if oversizing of waterline occurs. B. Install 8” reclaimed water line in Hidden Valley Road from Camino De Las Ondas to north of subdivision. PC RJZSO NO. 3546 -17- 2-0 f . . I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - C. Pursuant to L.ocal Facilities Management Plan Zone 20(a), the subject project will be served through an 8” local trunk line to be located in the future Hidden Valley Road and gravity flow into the San Marcos Interceptor. The installation and cost of the 8” local trunk line will be the responsibility of the developer. Developer shall be responsible for all onsite and offsite expenses. Any temporary service alternates must be approved by the District Engineer. D. The district has an existing 6” potable waterline along the easterly property line developer shall relocate at his expense. PASSED, ‘APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Chairperson Noble, Commissioners: Schlehuber,’ Betz, Welshons, Savary, Erwin 8~ Hall. None. None. None. BAILEY NOBLf, Chairperson CARLSBAD PLANNING COMMISSION MICHAEL J. HbtZMk.kER PLANNING DIRECTOR PC RESO NO. 3546 -18- PLANNING COMMISSION RESOLUTION NO. 3547 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT TO DEVELOP 112 SINGLE-FAMILY LOTS AND 40 CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: COSTA DO SOL CASE NO: PUD 92-01 WHEREAS, a verified application for certain property to wit: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder’s Office, July 6, 1977. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the PLANNED DEVELOPMENT PERMIT. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of PUD 92-01, based on the following findings and subject to the following conditions: . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The project is consistent with the Zone 20 Specific Plan since the overall proposed density of 5.3 d&acre is within the density range of 4-8 d&acre specified for the site as indicated on the Land Use Fkment of the General Plan, and is at or below the growth control point of 6. The project is consistent with all City public facility policies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The project is. in compliance with the adopted mitigation measures of Final Environmental Impact Report 90-03 and would not create any additional significant adverse environmental impacts. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. PC RESO NO. 3547 -2- 23 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. . . . . The granting of this permit will not adversely affect and will be consistent with Chapter 21.45, the Zone 20 Specific Plan, and all adopted plans of the City and other governmental agencies, because the project is consistent with Chapter 21.45, the Zone 20 Specific Plan, the General Plan, and the Local Coastal Program, because it meets all the Planned Development standards, and single-family and multi-family residential land uses would be developed at the appropriate lot size and residential density. The proposed use is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, because the development of small lot single-family homes and condominiums would provide a balance and mix of residential laud uses within the Zone 20 Specific Plan. A majority of the residential development planned for the specific plan area would be standard single-family homes on 7,500 to 10,000 sq. ft. lots. The development of higher density condominiums would also provide some affordable housing for lower income households which would create a more diversified and balanced community. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, because the project is designed to avoid the riparian drainage area in the northwestern comer of the site. This open space would connect with the open space on Poinsettia Park to the north. Drainage facilities would be provided concurrent with development of the project to reduce erosion and flooding. All manufactured slopes would be landscaped to prevent erosion and to visually screen the slopes. With the exception of private street width as discussed in Planning Commission Resolution No. 3548 for the project’s Site Development Plan, the proposed planned development meets all of the minimrm~ development standards set forth in Section 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual for the following reasons: a. b. The local streets in the single-family portion of the project would have curb gutters, and sidewalks on both sides, and have 36 to 40 feet of paving. This exceeds the 30 foot minimum street width standard. The project would provide a mixture of one and two-story homes, and condominiums units which have varied roof lines, and a variety of front building elevations and front yard setbacks. C. Adequate recreational vehicle storage space would be provided in one area and be sufficiently screened from the public right-of-way and surrou.nding properties. PC RESO NO. 3547 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 17. d. The single-family homes would have two and three car garages which would meet the parking and storage requirements of the ordinance, and guest parking would be provided on both sides of the streets. The condominiums have garages and carports for the residents with guest parking dispersed along the central driveway. e. A 10 foot landscaping setback is provided adjacent to Hidden Valley Road and Camino de las Ondas. In addition, a six foot high masonry wall in conjunction with a heavily landscaped, 12 to 16 foot. setback, would be provided along the northern property line to buffer the project from the Poinsettia Community Park to the north. The comrmmity park also contains a 20 to 25 foot landscaped setback adjacent to the common property between the two land uses. The proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site, because the project meets all the requirements of the Hillside Development Regulations and Guidelines. The manufactured slopes would be landscaped, the lots would terrace down the slope towards the northwest to conform with the topography. The homes have roof lines that are varied and relate to the topography. In addition, the northwestern comer of the site would be preserved to protect the riparian drainage that flows to the north. The project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project. The local streets in the project would have 30 to 40 feet of paving and connect to Hidden Valley Road which is a non-loaded collector street. All the local, collector, and major streets within this area would be constructed to full public street width standards, and have underground utilities. The 30 foot central driveway within the condominium portion of the project is adequate to handle the vehicular traffic and accommodate emergency vehicles. The proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, because the proposed project meets all City standards and the proposed residential density is consistent with the General Plan (5.3 dus/acre). The proposed residential land uses are compatible in scale, architecture, and building materials with the multi-family residential development to the west and south. Public street improvements would be provided to accommodate traffic generated by the project and the project must comply with all the circulation and public facility requirements of Local Facilities Management Plan Zone 20. The adjacent properties to the west, south, and east have either existing multi-family residential development or are planned for multi-family residential development, therefore, the proposed small lot single-family and multi-family residential development would be compatible with the surrounding neighborhood. A six foot high masonry wall and adequate landscape buffers and setbacks would be provided along the northern property to minimize impacts between the residential and community park land uses. PCRESO NO.3547 -4- 25 General Planninn Conditions: 1 1. Recommendation of approval is granted for PUD 92-01, as shown on Exhibits “A” - 2 ‘ITT”, dated October 6, 1993 incorporated by reference and on file in the Planning 3 Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 4 2. Approval of PUD 92-01 is granted subject to the approval of CT 92-01, SDP 93-04 5 and HDP 92-10. 6 3. All conditions of approval for the CT 92-01 as contained in Planning Resolution No. 7 3546 are applicable and incorporated through this reference. 8 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 9 Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, 10 by the following vote, to wit: 11 AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, 12 Welshons, Savary, Erwin & Hall. 13 NOES: None. 14 15 ABSENT: None. ABSTAIN: None. 16 w 17 18 A-+ :, BAILEY NOBLE, Chairperson 19 CARLSBAD PLANNING COMMISSION 20 ATTEST: 21 22 - 23 MICHAEL J. HOLZMILMR 11 PLANNING DIRECTOR 24 25 26 27 28 PC BESO NO. 3547 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNINGC0MM1SS10NRESOLUTI0NN0.3548 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN TO DEVELOP 112 SINGLE-FAMILY LOTS AND 40 CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: COSTA DO SOL CASE NO: SDP 93-04 WHEREAS, a verified application for certain property to wit: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder’s Office, July 6, 1977. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the SITE DEVELOPMENT PLAN. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of SDP 93-04, based on the following findings and subject to the following conditions: . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The project is consistent with the Zone 20 Specific Plan since the overall proposed density of 5.3 dus/acre is within the density range of 4-8 dus/acre specified for the site as indicated on the Land Use Ehnent of the General Plan, and is at or below the growth control point of 6. 2. The project is consistent with all City public facility policies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the’requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 3. The project is in compliance with the adopted mitigation measures of Final Environmental Impact Report 90-03 and would not create any additional significant adverse environmental impacts. 4. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 5. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. 6. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. 7. 8. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. 9. 10. The applicant has agreed and is required by the inclusion of an appropriate’ condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. PC RESO NO. 3548 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. That the project is in conformity with the General Plan and adopted policies and goals of the City, and it would have no detrimental effect on public healtb, safety and welfare for the following reasons: a. b. C. d. e. f. g- The project is consistent with the General Plan and the Zone 20 Specific Plan, and the project would not have a significant impact on the environment. The condominium buildings would maintain a 15 foot setback from the public right-of-way and a 5 foot setback from internal driveways. The project would provide adequate onsite parking and circulation to serve the needs of the residents and their guests, and it would not impact the availability of offsite street parking. Sidewalks and drainage facilities would be provided along the project’s public street frontages to serve the project. The existing Planned Development Ordinance requires at a minimum 30 foot wide private street/driveways, however, the Planning Commission finds that the proposed 24 foot wide private driveway would be adequate to provide safe and efficient traffic circulation and vehicle turn movements to the parking area and Recreational Vehicle storage area. The City’s Parking Ordinance requires a minimum standard width of 24 feet for a two-way traffic aisle containing ninety degree parking on both sides. A 24 foot driveway aisle provides adequate separation and distance for vehicles backing out of garages and guest parking spaces and adequate separation for two-way lraflic (12 feet per travel lane). A pedestrian circulation system that is separated from the 24 foot wide driveways is also provided that would allow sufficient and safe access to the adjacent public streets. Adequate emergency access would be provided by the central 30 foot wide driveway which is wide enough to accommodate emergency vehicles. ,Tbe project would be conditioned to prohibit parallel parking along tbis central access way. The project has been reviewed and approved by the Fire Department. General Planning Conditions: 1. Recommendation of approval is granted for SDP 93-04, as shown on Exhibits “A” - “TT’“, dated October 6, 1993 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. . . . . PC RESO NO. 3548 -3- , .- , 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 16 17 1E l< 2( 21 2: 21 24 2: 2E 2’; 2E 2. Approval of SDP 93-04 is granted subject to the approval of CT 92-01, PUD 92-01 & HDP 92-10. 3. All conditions of approval for the CT 92-01 as contained in Planning Resolution No. 3546 are applicable and incorporated through this reference. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, by the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. BAILEY NOB@, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: - MICHAEL J. HOLZMILIER PLANNING DIRECTOR PC RESO NO. 3548 -4- -30 DATE: TO: FROM: SUBJECT: I. .- EXHIBIT 3 APPLICATION COMPLETE DATE: JULY 9. 1992 STAFF PLANNER: JEFF GIBSON i:‘! STAFF REPORT 0 3 NOVEMBER 3,1993 PLANNING COMMISSION PLANNING DEPARTMENT ClY 92-Ol/PUD 924WSDP 93-04/HDP 92-10 - COSTA DO SOL - Request for recommendation of approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan, and Hillside Development Permit to subdivide and construct 112 single-family homes, and 40 one, two, and three bedroom condominium units, all on property generally located east of Paseo de1 Norte, and north of Camino de las Ondas in the PC Zone in Local Facilities Management Plan Zone 20. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3546, 3547, and 3548, recommending APPROVAL of CT 92-01, PUD 92-01, SDP 93-04, and ADOPT Planning Commission Resolution No. 3549, APPROVING HDP 92-10, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan, and Hillside Development Permit to subdivide and construct 112 single-family homes and 40 one, two, and three bedroom condominium units on a gradually sloping lot located east of Paseo de1 Norte and directly north of Camino de las Ondas. The parcel totals 29.2 gross acres, is undeveloped, and mostly contains disturbed grassland habitat as a direct result of past agricultural usage of the site. It is located in the Coastal Zone, the Planned Community Zone, and has a General Plan Land Use designation of Residential Medium (RM). In addition, the project is subject to the requirements of the Zone 20 Specific Plan (SP 203) and Final Environmental Impact Report 90-3. Ci 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 2 As shown on Exhibits “A “- ” TT”, the proposed project would consist of one and two story single-family homes with two and three-car attached garages located on individual lots ranging in size from 5,400 to 15,000 square feet. There would be a central active recreation facility containing a pool, clubhouse, active playing courts, and a children’s play area to serve the entire project. In the eastern portion of the project site located on a 2.2 acre lot there would be four, three-story condominium buildings containing 40 - one, two, and three bedroom units that range in size from 685 to 1,250 sq. ft. These units are developed around a central 30 foot wide private driveway and central parking courts. Along the central 30 foot wide driveway there would be garages and carports, open guest parking spaces, trash enclosures, and an active common recreation complex containing a swimming pool, and children’s play area. The condominium project would contain an additional flat grassy common passive recreation area between Buildings C and D, and a 5,900 sq. ft. recreational vehicle storage area to serve the entire project. Per the requirements of the City’s recently adopted Inclusionary Housing Ordinance, 15% of the proposed dwelling units (23 affordable units) must be provided for lower income households. The applicant is proposing to provide those affordable dwelling units as for- sale homes within the condominium portion of the project. The project would be conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to Final Map approval. The project would gain access from future Hidden Valley Road which would be a non- loaded collector street that would intersect with existing Camino de las Ondas to the south. The project would feature contemporary architecture consisting of tile roofs with varying roof lines, and stucco exteriors. The surrounding neighborhood is developed with two- story multi-family residences to the south, a single-family home and multi-family residences to the west, and vacant land to the east and north. The future Poinsettia Community Park would be located directly north of the project site. ANALYSIS The proposed project is subject to the following land use plans and ordinances: A). Carlsbad General Plan: Land Use Element (Residential Medium (RM) Land Use Designation); Open Space Element; and Housing Element; B). Zone 20 Specific Plan (Specific Plan 203); a. Carlsbad Municipal Code, Title 21; 1. Chapter 21.45, Planned Development; 2. Chapter 21.53, Section 21.53.120 - Site Development Plan - “Affordable Housing”; 32 Cf 92-Ol/PUD 92-Ol/ SDP 93-04/HDP 92-10 COSTA’DO SOL NOVEMBER 3,1993 PAGE 3 3. Chapter 21.95, Hillside Development Regulations; 4. Chapter 21.85, Inclusionary Housing Ordinance. D) City Council Policy for Small Lot Single Family Homes; El. Carlsbad Municipal Code, Title 20, Subdivision Ordinance; and the California Subdivision Map Act; F). Mello II Local Coastal Program; G). Growth Management (Local Facilities Management Plan Zone 20); I-0. Carlsbad Municipal Code, Title 19, Environmental Protection Procedures; and the California Environmental Quality Act (CEQA). A. GENERAL PLAN LAND USE ELEMENT The property has a Residential Medium (RM) General Plan Land use Designation. The RM designation allows the development of small lot single family homes and low density townhouses or condominium developments that range in density from 4 to 8 dus/acre with a 6 dus/acre growth management control point. The project contains a combination of condominiums and single-family homes developed at a net density of 5.3 dus/acre, therefore, it is consistent with the land use designation of the General Plan. OPEN SPACE AND CONSERVATION ELEMENT The property contains no existing or approved General Plan open space, however there is a planned trail system segment to be located along the western property line of the project. The project would provide a dedicated 20 foot wide trail easement to accommodate Citywide Trail System Segment No. 37 which is proposed to connect from Poinsettia Lane north to Poinsettia Park. The project would also preserve in protected open space the riparian drainage along the northwestern comer of the site. The proposed project would not preclude or negatively affect the attainment of any of the open space action priorities designated in the Open Space & Conservation Resource Management Plan for Zone 20, therefore, the project is consistent with the Open Space and Conservation Element of the General Plan. -33 Ci 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3,1993 PAGE 4 HOUSING ELEMENT All residential development within the Zone 20 Specific Plan is required to include a percentage of housing units affordable to persons and families of lower income. Consistent with the policies and programs of the Housing Element and subsequent to the affordable housing requirements of the Zone 20 Specific Plan the project would provide 15% or 23 dwelling units available and affordable to lower income households. In addition, and consistent with Housing Element Policy 3.2 the project would provide at least 10% of the lower income units with three or more bedrooms. The project would be conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to Final Map approval. The Affordable Housing Agreement is a legally binding agreement between the applicant and the City which provides the specific details regarding the implementation of the affordable housing requirements of the Zone 20 Specific Plan and subsequent conformance with the City’s Housing Element. B. ZONE 20 SPECIFIC PLAN (SPECIFIC PLAN 203) The Zone 20 Specific Plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of the planning area. This project meets the goals and objectives of the specific plan for the following reason: 01 (2) (31 (4) (5) (6) The project conforms to all aspects of the General Plan and applicable City ordinances, regulations and policies. The project provides coordination between surrounding developments through the provision of roadway and pedestrian access connections with properties to the north. The residential land uses are compatible with the existing multi-family residential land use to the east and the community park to the north. The project provides for the development of an integrated open space and trail system within the planning area. The project provides an attractive, well buffered, and landscaped circulation system that safely and aesthetically provides for the needs of automobiles, cyclists, pedestrians and adjacent land uses. The provision of small single-family lots and condominiums available to low income households that would be located close to a 42 acre City park and adjacent to two collector streets creates a well planned, yet diversified community. - CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 5 The project is located in Planning Area “B” of the Zone 20 Specific Plan and complies with the required “Special Design Criteria” as follows: (1) Enhanced landscaping and additional setbacks would be provided along the northern property line, Hidden Valley Road, and Camino de las Ondas. (2) The building elevations for the single-family homes and condominium buildings would have a variety of materials, architectural accent features, articulated wall and roof planes, varying roof heights and building massing, and building street setbacks. C. CARLSBAD MUNICIPAL, CODE. TITLE 21: 1. PLANNED DEVELOPMENT ORDINANCE, CHAPTER 21.45: The Zone 20 Specific Plan and the PC Zone both designate Chapter 21.45 as an implementing ordinance for this project. In addition, utilization of the Planned Development Ordinance in conjunction with the tentative tract map for this project allows for the use of private streets/driveways and provides a method to approve separate ownership of the 40 air space condominium units located within the multiple-unit buildings. Before the Planning Commission recommends approval of the project to the City Council, Title 21 of the Municipal Code under Section 21.45.072 requires that the following findings be made: a. ‘The granting of this permit will not adversely affect and will be consistent with Chapter 21.45, the Zone 20 Specific Plan, and all adopted plans of the City and other govemmental agencies.” The project’is consistent with Chapter 21.45, the Zone 20 Specific Plan, the General Plan, and the Local Coastal Program, because it meets all the Planned Development standards, and single-family and multi-family residential land uses would be developed at the appropriate lot size and residential density. See Section A under General Plan, Section B under Specific Plan, and Section F under Mello II for a more detailed discussion on compliance with these three land use plans. b. ‘The proposed use is necessary and desirable to provide a service or facility which will contxibute to the long-term general well-being of the neighborhood and the community.” The development of small lot single-family homes and condominiums would provide a balance and mix of residential land uses within the Zone 20 Specific Plan. A majority of the residential development planned for the specific plan area would be standard single-family homes on 7,500 to 10,000 sq. ft. lots. The development of higher density condominiums would also provide some affordable housing for lower income households which would create a more diversified and balanced community. 35 e- . Ci 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 6 C. “Such use will not be detrimental to the health, safety or general yelfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.” The project is designed to avoid the riparian drainage area in the northwestern comer of the site. This open space would connect with the open space on Poinsettia Park to the north. Drainage facilities would be provided concurrent with development of the project to reduce erosion and flooding. All manufactured slopes would be landscaped to prevent erosion and to visually screen the slopes. d. ‘The proposed planned development meets all of the minimum development standards set forth in Section 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manuai” i. ii. a.. 111. iv. V. The local streets in the single-family portion of the project would have curb, gutter, and sidewalks on both sides, and have 36 to 40 feet of paving. This exceeds the 30 foot minimum private street width standard. The project would provide a mixture of one and two-story homes, and condominiums units which have varied roof lines, and a variety of front building elevations and front yard setbacks. Adequate recreational vehicle storage space would be provided in one area and be sufficiently screened from the public right-of-way and surrounding properties. The single-family homes would have two three car garages which would meet the parking and storage requirements of the ordinance, and guest parking would be provided on both sides of the streets. The condominiums have garages and carports for the residents with guest parking dispersed along the central driveway. A 10 foot. landscaping setback would be provided adjacent to Hidden Valley Road and Camino de las Ondas. In addition, a six foot high masonry wall in conjunction with a heavily landscaped, 12 to 16 foot setback, would be provided along the northern property line to buffer the project from the Poinsettia Community Park to the north. The community park also contains a 20 to 25 foot landscaped setback adjacent to the common property between the two land uses. - C'i 92-Ol/PUD 92-Ol/ SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3,1993 PAGE 7 vi. The project complies with the Planned Development Ordinance as follows: II REQUIRED PRIVATE STREET 8~ DRIVEWAY WIDTH 30 Feet DRIVEWAY AND STREET 5 to 20 Feet SETBACK PARKING: RESIDENT: 304 Covered Spaces GUEST: 13 Spaces RV STORAGE I 3,040 sq. ft. STORAGE SPACE 480 Cubic Feet Per Unit RECREATIONAL SPACE A. COMMON ACTIVE I 15,200 sq. ft. B. PRIVATE PASSIVE Patio or Balcony PROPOSED *24 To 60 FEET 5 to 36 Feet 264 Garage Spaces & 40 carports 13 Guest Spaces 5,900 sq. ft. 480 Cubic feet Per Unit ~ 19,300 sq. ft. Patio, Balcony, and 15 ft. X 15 ft. Rear Yards * Two driveways (24 feet wide) in the condominium portion of the project do not meet the Planned Development standard of 30 feet for private driveways, (For an explanation see the Section 2 under Site Development Plan). e. ‘The proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site.” The project meets all the requirements of the Hillside Development Regulations and Guidelines.. The manufactured slopes would be landscaped, and the lots would terrace down the slope towards the northwest to conform with the topography. The homes have roof lines that are varied and relate to the topography. In addition, the northwestern comer of the site would be preserved to protect the riparian drainage that flows to the north. f. ‘The project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project.” The local streets in the project would have 36-40 feet of paving with curb, gutter, and sidewalks on both sides of the street and connect to Hidden Valley Road which ‘CT 92-Ol/PUD 92-crl/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 8 is a non-loaded collector street. All the local, collector, and major streets within this area would be constructed to full public street width standards, and have underground utilities. The 30 foot central driveway within the condominium portion of the project is adequate to handle the vehicular traffic and accommodate emergency vehicles. ‘The proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood.” The proposed project meets all City standards and the proposed residential density is consistent with the General Plan (5.3 dus/acre). The proposed residential land uses are compatible in scale, architecture, and building materials with the multi- family residential development to the west and south. Public street improvements would be provided to accommodate traffic generated by the project and the project must comply with all the circulation and public facility requirements of Local Facilities Management Plan Zone 20. The adjacent properties to the west, south, and east have either existing multi-family residential development or are planned for multi-family residential development, therefore, the proposed small lot single- family and multi-family residential development would be compatible with the surrounding neighborhood. A six foot high masonry wall and adequate landscape buffers and setbacks would be provided along the northern property to minimize impacts between the residential and community park land uses. 2. SITE DEVELOPMENT PLAN - “AFFORDAEWZ HOUSING”, CHAPTER 21.53: The Carlsbad Municipal Code Section 21.53.120 requires a Site Development Plan for any multi-family residential development having more than four dwelling units or an affordable housinn proiect of any size. This project would have 152 residential units of which 23 of those units must be designated as affordable to lower income households. The proposed condominium portion of the project does not meet the Planned Development Ordinance’s 30 foot standard for the width of a private street/driveway (24 feet is proposed for a driveway that leads to onsite parking spaces and the RV storage area). In order to provide affordable housing in this project the applicant is requesting that the Planning Commission recommend to the City Council that this standard be modified under Section 21.53.120(c) DeveloDment Standards. A Site Development Plan for an affordable housing project may allow less restrictive development standards than specified in the zone code or underlying zone if the project is in conformance with the General Plan and would not have a detrimental effect on public health, safety and welfare. c?: 92-01/pu~ 92-al/SDP 934WHDp 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 9 Before the Planning Commission recommends approval of the project to the City Council, Title 21 of the Municipal Code under Section 21.53.120(c) requires that the following finding be made: ‘That the project is in conformity with the General Plan and adopted policies and goals of the City, and it would have no detrimental effect on public health, safety and welfare”. a. The project is consistent with the General Plan and the Zone 20 Specific Plan as explained in Sections A and B of this report. The project would not have a significant impact on the environment as discussed below in Section H of this report. b. The condominium buildings would maintain a 15 foot setback from the public right-of-way and a five foot setback from internal driveways. C. The project would provide adequate onsite parking and circulation to serve the needs of the residents and their guests, and it would not impact the availability of offsite street parking. d. Sidewalks and drainage facilities would be provided along the project’s public street frontages to serve the project. e. The existing Planned Development Ordinance requires at a minimum 30 foot wide private street/driveways, however, the proposed 24 foot wide private driveway would be adequate to provide safe and efficient traffic circulation and vehicle turn movements to the parking area and Recreational Vehicle storage area. The City’s Parking Ordinance requires a minimum standard width of 24 feet for a two-way traffic aisle containing ninety degree parking on both sides. A 24 foot driveway aisle provides adequate separation and distance for vehicles backing out of garages and guest parking spaces and adequate separation for two-way traffic (12 feet. per travel lane). f. A pedestrian circulation system that is separated from the 24 foot wide driveways is also provided that would allow sufficient and safe access to the adjacent public streets. Adequate emergency access would be provided by the central 30 foot wide driveway which is wide enough to accommodate emergency vehicles. The project would be conditioned to prohibit parallel parking along this central access way. The project has been reviewed and approved by the Fire Department. 34 CT ~~-o~/PuD Wol/SDP 93-WHDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 10 3. H~LLS~DEDEVELOPMENTREGULATIONS,CHAPTER~~.~~: The project site contains slopes of 15% or greater and an elevation differential greater than 15 feet, therefore, a Hillside Development Permit is required. Before the Planning Commission approves the Hillside Development Permit for the project, Title 21, Chapter 21.95, Section 21.95.030 requires that the Planning Commission make the following findings: (1) ‘That hillside conditions and undevelopable areas of the project have been properly identified”. The site’s hillside slope conditions and undevelopable areas have been identified on Constraints Exhibit “QQ” dated, October 6, 1993. (2) ‘That the development proposal and all applicable development approvals and permits are consistent with the purpose, intent, and requirements of this chapter and that the project design substantially conforms to the intent of the concepts illustrated in the hillside development guidelines manual”. a). All manufactured cut and fill slopes are h&form/contour graded and do not exceed a height of 30 feet. b). The project’s cut/fill grading volumes of 4,281 cubic yds. per graded acre falls within the “acceptable range” of 0 - 7,999 cubic yds./acre. 4. Landscaping in conformance with the Zone 20 Specific Plan would be provided on all manufactured slopes to assist in visually screening the slopes and. to reduce slope erosion. (3) ‘That no development or grading will occur in those portions of the property which are undevelopable pursuant to the provisions of Section 21.53.230 of this code”. All undevelopable areas have been identified and no development or grading would occur in the areas containing 25 to 45%+ slopes. The project contains riparian habitat and this area would be preserved. (41 ‘That the project design and lot configuration m.inhizes disturbance of hillside lands”. The proposed grading would create building pads that are terraced and step down the slope. 40 - . 6~ 92-ol/pUD 92-o@DP 93-04/HDp 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 11 4. INCLUSIONARY HOUSING ORDINANCE, CHAPTER 21.85: The Inclusionary Housing Ordinance implements the inclusionary objectives of the Housing Element (Objective 3.6), and at a minimum, the project would be required to provide not less than I 5% of all proposed residential units affordable to lower income households. The project proposes 152 dwelling units, therefore, 15% of those units would yield a minimum requirement to provide 23 housing units affordable to lower income households. The applicant is proposing to meet the affordable housing requirement of the project by providing forsale homes within the condominium portion of the site plan. The project would be conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to Final Map approval. The Affordable Housing Agreement is a legally binding agreement between the applicant and the City which provides the specific details regarding the implementation of the affordable housing requirements of the Zone 20 Specific Plan and subsequent conformance with the City’s Housing Element. D. CITY COUNCIL POLICY FOR SMALL LOT SINGLE FAMILY HOMES: .This City Council policy provides guidelines to encourage the quality development of small- lot (less than 7500 sq. ft.) single-family projects. The intent of the guidelines is to ensure that the homes have building articulation on all four sides and will not appear as “row” housing. They are primarily designed to apply to projects where there is a predominance of two-story units. The project complies with these guidelines as illustrated on Exhibit “OO”, dated October 6, 1993. The various homes contain one-story roof elements, proposed side yard setbacks equal or exceed seven feet, structures would be separated by at least 18 feet, the homes would have offsetting building planes on all four sides, and all have varying roof ,elements. E. SUBDMSION ORDINANCE. TITLE 20: The proposed tentative map would comply with all the requirements of the City’s Subdivision Ordinance, Title 20. The project is conditioned to provide adequate erosion control, desiltation and drainage, and a temporary sewer lift station would be provided to lift the project’s sewage up to a sewer line in Paseo De1 Norte. The location of this temporary lift station shall be determined by the Water District during final project design. The Water District has expressed interest in locating the sewage pump station on the community park to the north to serve both properties. The project would provide the following public street improvements: (1) full public improvements on Hidden Valley Road within the project’s boundary; (2) half street improvements plus 12 feet of paving on the portion of Hidden Valley Road that lies along the subdivision boundary; (3) full public improvements of the streets and utilities interior to the project as shown on the tentative map; and, (4) completion of public street improvements on the north side of Camino de las Ondas along the project frontage based on a half street width of 34 feet. To provide access to Poinsettia Community Park, the - . CT SQ-OI/PUD 9201/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 12 - applicant has already agreed to dedicate 2.2 acres of right-of-way to accommodate Hidden Valley Road from Camino de las On&s, through the project site to the park. F. MELLO II LOCAL COASTAL PROGRAM: The project is located in the Mello II Local Coastal Program (LCP) and complies with the plan as follows: ’ (1) (2) G. All grading avoids steep coastal sage covered slopes and riparian areas per the requirements of the Coastal Resource Protection Overlay Zone. The project would be conditioned to provide adequate drainage, siltation, and erosion control facilities as part of the approved grading permit. The grading operation would be lirnited to the summer construction season: April 1 thru October 1. The project contains vacant non-prime agricultural land containing Class III and IV soils and is located in the Coastal Agricultural Overlay Zone (Site II). The Mello II LCP requires mitigation when non-prime coastal agricultural land is converted to urban land uses. The project would be conditioned to comply with one of the three LCP mitigation options provided when projects are located in Site II: (1) “Prime Land Exchange”; (2) “Determination of Agricultural Feasibility”; or (3) “Agricultural Conversion Mitigation Fee”. GROWTH MANAGEMENT: The proposed project is located within Local Facilities Management Plan Zone 20 in the Southwest Quadrant. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized as follows: FACILl7-Y IMPACTS COMPLIANCE WITH STANDARDS CITY ADMINISTRATION I 528.5 sq. ft. I Yes LIBRARY WASTE WATEk TREATMENT 281.8 sq. ft. N/A Yes Yes PARKS DRAINAGE 1.06 ACRES N/A Yes Yes CIRCULATION FIRE OPEN SPACE 1440 ADT Station # 4 4.3 ACRES Yes Yes Yes SCHOOLS SEWER COLLECTION SYSTEM CUSD 152 EDU Yes Yes WATER DISTRIBUTION SYSTEM 33,440 GPD Yes . Ci 92-(u/pm 92-Ol/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 13 The project is 20.3 dwelling units below the Growth Management Dwelhg unit allowance of 172.3 for the property. H. ENVIRONMENTAL REVIEW/TITIaE 19 AND CEQA The project site is located within the boundaries of Zone 20 Specific Plan (SP 203) which covers the 640 acre Zone 20 planning area. The direct, indirect, and cumulative environmental impacts from the future development of the Zone 20 planning area have been discussed in the Final Environmental Impact Report (EIR 90-03) for the specific plan. Additional project level studies have been conducted including soils investigation, biological analysis, traffic study, archaeology evaluation, and a drainage study. These studies provide more focused and detailed project level analysis and indicate that additional environmental impacts beyond what was analyzed in Final EIR 90-03 would not result from implementation of the project. This project is in prior compliance with Final EIR 90-03 and would not create any additional significant environmental impacts. The recommended and applicable mitigation measures of Final EIR 90-03 would be included as conditions of approval for this project. Iv. SUMMARY AND RECOMMENDATION The proposed project: (1) is consistent with the general plan; (2) complies with the Zone 20 Specific Plan; (3) meets the requirements of Title 21 and the finding for the Site Development Plan can be made; (4) complies with the Mello II Local Coastal Program; (6) is in conformance with Growth Management; and (7) is in compliance with the mitigation requirements of Final EIR 90-03, and will not significantly impact the environment, therefore, staff recommends approval of CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10. ATTACHMENTS 1. Planning Commission Resolution No. 3546 2. Planning Commission Resolution No. 3547 3. Planning Commission Resolution No. 3548 4. Planning Commission Resolution No. 3549 5. Location Map 6. Background Data Sheet 7. Local Facilities Impact Assessment Form 8. Disclosure Form 9. Full size Exhibits “A’‘-“TT’, dated October 6, 1993. September 3, 1993 JG:km:lh 4-3 . . ’ II PLANNING COMMISSION RESOLUTION NO. 3549 1 2 3 4 5 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO DEVELOP 112 SINGLE-FAMILY LOTS AND 40 CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: COSTA DO SOL CASE ~0: HDP 92-10 WHEREAS, a,verified application for certain property to wit: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder’s Office, July 6, 1977. lo has been filed with the City of Carlsbad and referred to the Planning Commission; and 11 WHEREAS, said verified application constitutes a request as provided by Title 12 13 21 of the Carlsbad Municipal Code; and 14 WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 15 hold a duly noticed public hearing as prescribed by law to consider said request; and 16 WHEREAS, at said public hearing, upon hearing and considering all testimony 17 and arguments, if any, of all persons desiring to be heard, said Commission considered all 18 19 20 21 22 23 24 25 26 27 28 factors relating to the HILLSIDE DEVELOPMENT PLAN. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A> B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES HDP 92-10, based on the following findings and subject to the following conditions: Findims: 1. The project is consistent with the Zone 20 Specific Plan since the overall proposed density of 5.3 dus/acre is within the density range of 4-8 d&acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the grow-h control point of 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The project is consistent with all City public facility policies and ordinances since: The Plating Commission has, by incksion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 3. The project is in compliance with the adopted mitigation measures of Final Environmental Impact Report 90-03 and would not create any additional significant adverse environmental impacts. 4. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 5. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. 6. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. 7. 8. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. 9. 10. 11. 12. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. That hillside conditions and undevelopable areas of the project have been properly identified, because the site’s hillside slope conditions and undevelopable areas have been identiCed on Constraints Exhibit “QQ” dated, October 6,1993. That the development proposal and all applicable development approvals and permits are col.lsi!stent with tb e purpose, intent, and requirements of this chapter and that the project design substantially conforms to the intent of the concepts illustrated in the hillside development guidelines manual for the following reason: PC RESO NO. 3549 -2- 45- _ . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. a. All manufactured cut and f7l.l slopes are landform/contour graded and do not exceed a height of 30 feet. b. The project’s cut/fill grading volumes of 4,281 cubic yds. per graded acre falls within the “acceptable range” of 0 - 7,999 cubic yds./acre. C. Landscaping in conformance with the Zone 20 Specific Plan would be provided on all manufactured slopes to assist in visually saeening the slopes and to reduce slope erosion. That no development or grading will occur in those portions of the property which are undevelopable pursuant to the provisions of Section 21.53.230 of this code, because all undevelopable areas have been identified andno development or grading would occur in the areas containing 25 to 45%+ slopes. The project contains riparian habitat and this area would be preserved. That the project design and lot configuration minimizes disturbance of hillside lands, because the proposed grading would create building pads that are terraced and step down the slope. General Planninn Conditions: I 1. 2. 3. . . . . . . . . . . . . . . . . . . . . . Approval for HDP 92-10, as shown on Exhibits “A’‘-“‘IT”, dated October 6, 1993 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibits. Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this permit. Approval of HDP 92-10 is granted subject to the approval of CT 92-01, PUD 92-01 & SDP 93-04. All conditions of approval for the CT 92-01 as contained in Planning Resolution No. 3546 are applicable and incorporated through this reference. PC RESO NO. 3549 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, by the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. BAILEY NOBEE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RESO NO. 3549 -4- Betz, .- - . . BACKGROUND DATA SHEE’l CASE NO: CT 92-Ol/PUD 92-01/S~p 93-04/HDp 92-10 CASE NAME: Costa Do Sol APPLICANT: Aharon Abada REQUEST AND LOCATION: 112 single-familv homes and 40 condominium units LEGAL DESCRIPTION: Parcel 2 of Man 6136, Citv of Carlsbad, filed and recorded San Dieao Countv Recorder’s office. July 6. 1977 APN: 214-140-40 Acres 29.2 Proposed No. of Lots/Units 112 Lots & 40 Condo units GENERAL PLAN AND ZONING Land Use Designation Residential Medium Density Allowed 6 dus/acre Density Proposed 5.3 Existing Zone pC Proposed Zone N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning Land Use Site PC Vacant North PC/CUP Community Park Vacant South RD-M Multi-Family East RD-M-Q Vacant West PC Multi-Family PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 152 EDU Public Facilities Fee Agreement, dated December 14. 1993 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Certified Environmental Impact Report, dated Final EIR 90-03, September 14, 1993 4-B CI’IY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACUTES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: COSTA DO SOL - CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: u ZONING: pC DEVELOPER’S NAME: AHARON ABADA ADDRESS: 6121 ROMANY DRlVE. SAN DIEGO. CA 92120 PHONE NO.: (619) 459-5820 ASSESSOR’S PARCEL NO: 214-140-40 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 29.2 GROSS ACRES/ 152 DUs ESTIMATED COMPLETION DATE: N/A , A. B. C. D. E. F. G. H. I. J. City Administrative Facilities: Demand in Square Footage = 528.5 Library: Demand in Square Footage = 281.8 Wastewater Treatment Capacity (Calculate with J. Sewer) N/A Park: Demand in Acreage = l.od Drainage: Demand in CFS = N/A Identify Drainage Basin = N/A (Identify master plan facilities on site plan) Circulation: DemandinADTs= (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided - Schools: 1940 4 NO. N/A N/A (Demands to be determined by staff) Sewer: Demand in EDUs - Identify Sub Basin - 152 N/A (Identify trunk line(s) impacted on site plan) Water: Demand in GPD - 33.440 The project is 20.3 units below the Growth Management Dwelling unit allowance. K. L. JG:km DISCLOSL'RE STATEMENT ~po~C#.AT’S ;Tn-EuE\T 3 3s C;cSSE CF CE~AIN OWNEPSHIP IMEAESTS ON ALL APOLICAT’ONS WHICH WILL QE~~UI~E I =,s:fiE;~ChAaY ACT’CN CN ThE PART Of TkE et-f-f COQNCL QA ANY APPOINTED BCAAO, CGMMlsiOPJ OR CC&,M~EE, I sse ?rmt) a following information must be disclosed: ADdkant L&t the names and addresses of all persons having a financial interest in the application. A- ARAT)A 6121 ROMANY DR. SAN DIEGO, CA 92120 Owner List the names and addresses of all persons having any ownership interest in the property involved. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the flames afld addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organitation or a trust, list the names and addresses of any person serving as officer or director of the non-profit organisation or as trustee or beneficiary of the trust. ,c FFulooo13 am 2075 Las Palmas Drtve - Cartsbad. California 920094859 0 (619) 436-l 161 50 . . ‘4 iOVef) 9 ~closure Statement pave you had more than $250 worth of business transacted with any member of City staff, Bcarcs Ccmmlsslons, Committees and Councbl within the past twelve months? Yes - No x lf yes, please indicate person(s) Jyr)gn 10 defined u. ‘Any m4rdual. firm. CO~~R~WS~I~. 101nf vontura. uaoa&on. WCI~ club. IrMrrnd organllatlon, corpo,~,on .)~t. rrirst, rmcoww. synd~cato. thr and my otllof county, crty anO couny, cy munlcrpaly, 81rmcl of oth*r polfbc~l ruM~,rmn, 0, my 0~f7~f grouo o, I :omcmatton l ct:ng u l unn’ I (NOTE: Attach additiona pages as fleCeSSaq’.) ss AHARON ABADA Print or type name of owner DANY ABADA RCE 45381 Print or type name of applicant EXHIBIT 4 PLANNING COMMISSION November 3, 1993 PAGE 7 Planning Director, stated that staff had received a letter from the attorneys for District (CUSD) dated November 1, 1993 which objects to approval of the environmental evaluation of the proposal’s effect on the Districts school facilities. LCP Amendment is enabling legislation only. We don’t know where, when, etc., we cannot analyze specific impacts to facilities at this time. Additionally, Mr. Wayne stated that a e declaration was done for the General Plan Amendment and it was approved and certified. The pr ht is nothing more than companion legislation and is of a housekeeping nature. For the recor t we have complied with CEQA on this matter for the above reasons. There being no other persons desiri dress the Commission on this topic, Chairman Noble declared the public testimony closed and ope or discussion among the Commission members. Commissioner Erwin requested a comment by th Attorney regarding the CUSD letter. Karen Hirata, Deputy City Attorney, stated that she disagrees with CUSQbecause this proposal does not represent a change from the General Plan Amendment. It only makes with that action. Furthermore, the General Plan Amendment states that all projects will be of facilities. The schools are public facilities. “A. ACTION: Motion was made by Commissioner Erwin, and Commission Resolution No. 3545, recommending the findings and subject to the conditions contained therein. VOTE: 7-O AYES: Chairman Noble, Commissioners Betz, Erwin, NOES: None ABSTAIN: None PUBLIC HEARING: 3. CT 92-01 /PUD 92-01 /SDP 93-04/HDP 92-l 0 - COSTA DO SOL - Request for recommendation of approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan, and Hillside Development Permit to subdivide and construct 112 single-family homes, and 40 one, two, and three bedroom condominium units, all on property generally located east of Paseo del Norte, and north of Camino de las Ondas in the PC Zone, in Local Facilities Management Plan Zone 20. Jeff Gibson, Associate Planner, reviewed the background of the request and stated that the applicant is requesting approval to subdivide and construct 112 single-family homes and 40 one, two, and three bedroom condominium units on a gradually sloping lot located east of Paseo del Norte and directly north of Camino de las Ondas. The parcel totals 29.2 gross acres, is undeveloped, and mostly contains disturbed grassland habitat as a direct result of past agricultural usage of the site. The surrounding neighborhood is developed with two-story multi-family residences to the south, a single family home and multi-family residences to the west, and vacant land to the east and north. The future Poinsettia Community Park would be located directly north of the project site. Access to the project will be from Hidden Valley Road which will also provide access to the park. The single family homes in the project will be one and two-story and will have two and three-car attached garages located on individual lots ranging in size from 5,400 to 15,000 s.f. There will be a central active recreation facility containing a pool, clubhouse, active playing courts, and a children’s play area to serve the entire project. The project will feature contemporary architecture consisting of tile roofs with varying roof lines and stucco exteriors. Four condominium buildings, containing 40 units ranging in size from 685 to 1,250 s.f., will be constructed on a 2.2 acre lot along the eastern portion of the project site. These units will be a mixture of one, two, and MINUTES 5a PLANNING COMMISSION November 3, 1993 three bedrooms and will be developed around a central 30 ft. wide private driveway and central parking courts. Along the central driveway there will be garages and carports, open guest parking space, trash enclosures, and an active common recreation complex containing a swimming pool and children’s play area. The condominium project will contain an additional flat grassy common passive recreation area between Buildings C and D, and a 5,900 s.f. recreational vehicle storage area to serve the entire project. The project will comply with the recently adopted lnclusionary Housing Ordinance and will provide 23 affordable units for lower income households. The affordable units will be for sale homes within the condominium portion of the project. The project is conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to final map approval. The proposed project complies with all ordinances and requirements and staff recommends approval. Commissioner Welshons inquired about the condition which states that approval of this project does not specifically approve the recreation area design. Mr. Gibson replied this is correct. Staff is still working with the applicant on the layout of several of the play courts, including the basketball court and volleyball courts. In order to allow the applicant to go forward, staff felt it would be best to have approval of the recreation area subject to the approval of the Planning Director. Commissioner Welshons inquired if the Planning Commission should look at the recreation area design when it is completed. Gary Wayne, Assistant Planning Director, replied that staff is recommending that the authority be delegated to the Planning Director, however the Commission can change that if they wish. Commissioner Welshons inquired if the design could come back to the Commission as an information item on the Consent Calendar. Mr. Wayne replied that it could be done that way. Commissioner Welshons inquired if it would be prudent to notice homeowners adjacent to the park since there will be bright lights and noise. Mr. Gibson replied that Condition #27 requires noticing. Commissioner Welshons inquired if Condition #8 means that this project is pending approval of the Zone 20 Specific Plan. Mr. Gibson replied that the Zone 20 Specific Plan was scheduled to be heard by the City Council in October, however it was delayed. Therefore, Condition #8 specifies that approval of the project is subject to approval of the Zone 20 Specific Plan. Commissioner Welshons inquired about page 12 of the staff report which shows the matrix on public facilities. She noted that the matrix indicates that school facilities are in compliance with performance standards. Mr. Gibson replied that we have received a letter from the attorneys for Carlsbad Unified School District which addresses school facilities. The applicant is currently working with the school district to arrive at a mitigation agreement. The “yes” on the facilities matrix was based on the fact that the applicant is paying their school fees. Commissioner Welshons inquired what the school district is actually asking for and how it affects the Commission’s decision tonight. Mr. Gibson replied that the letter indicates they are in agreement to let this project go forward to the City Council, however they are stipulating that prior to Council approval, the applicant must sign a mitigation agreement with the schools. Gary Wayne, Assistant Planning Director, stated that he would like to go on record in response to the attorney’s letter that staff does not concur with the position of inadequate environmental review. Staff feels that the subject has been dealt with adequately. Commissioner Erwin.inquired if there is a problem including a condition that there will be a mitigation agreement signed prior to approval by the City Council. Karen Hirata, Deputy City Attorney, replied that this is basically the same letter that the school district sent last week asking for a condition. She would not MINUTES 5-3 - PLANNING COMMISSION November 3, 1993 PAGE 9 recommend a condition because it is like granting conditional approval for some future event which may not happen. She thinks what their letter is really saying is that at this time they think the problem is solved and they have passed on a mitigation agreement which they believe will be signed by the developer. Basically, she thinks they are reserving their right to raise this objection at City Council if for some reason the agreement is not signed. If that should happen, it might be necessary to send it back to the Planning Commission. Commissioner Welshons referred to Condition #6, Resolution No. 3546, and inquired if there is something to guarantee that the affordable housing units will actually be built. Mr. Wayne replied that this would be covered in the affordable housing agreement which must be signed prior to the final map. This condition covers it sufficiently. Commissioner Hall inquired about Condition #40 which requires hydroseeding of building pads which are vacant for six months. Jeff Gibson, Associate Planner, replied that this condition was the result of environmental reviews for the Specific Plan. Many areas are mass graded and then not developed for a long time. Landscaping is required on the slopes for erosion control and screening. This condition requires that the pad areas be seeded to reduce visual impacts. Unfortunately, when it comes time to actually build on the pad, some remedial work must be done to eliminate the vegetation. Commissioner Hall stated that he remembers discussing this several years ago and it was more than a little burden. Mr. Gibson deferred comment to the applicant. Commissioner Schlehuber stated that hydroseeding is a huge cost. He is not sure six months is a good time frame because grading operations are shut down during the winter months. He thinks one year might be a better time period and he doesn’t see the need for hydroseeding on a flat building pad. He thinks that regular grass seeding would be sufficient. Chairman Noble opened the public testimony and issued the invitation to speak. Don Detisch, an attorney with Detisch, Christianson & Wood, 444 West C Street, Suite 200, San Diego, representing the applicant, addressed the Commission and stated that he has been working with Mr. Aharon Abata on this project since 1989. Mr; Abata has been very cooperative and has done everything he could possibly do to work with staff and bring this project forward. He has dedicated Hidden Valley Road in advance because the City wanted early access to the park site. They are currently working with the school district to work out a mitigation agreement prior to the City Council hearing. He turned the time over to the architect. Art Simpson,*Simpson & Shulnik Architects, 8100 Paseo del Picasso, La Jolla, addressed the Commission and stated that he, too, has worked a long time on this project. He has tried to be cooperative with staff and to provide more than what was required. He thinks the streetscape will be interesting. There is a variety of massing. The materials in the homes are high quality stucco and tile roofs. There are varied roof lines, side loaded garages, and ample landscaping. The affordable housing section is also very attractive and of a high character due to the added amenities. There are two recreation areas, one for single family homes and the other for the affordable housing. Commissioner Hall inquired if he had any comment about the trail system and its related costs. Mr. Simpson showed on the map where the trail system is located. Commissioner Hall inquired if the project will provide maintenance of the trail system. Mr. Simpson was not sure. He deferred response to Mr. Detisch. MINUTES 5-e November 3,1993 PAGE 10 Commissioner Hall inquired if he wished to comment on the hydroseeding issue. Mr. Simpson had no comment. Jeff Gibson, Associate Planner, stated that Condition #55 spells out when and who will construct the trail system. Don Agatep, 2956 Roosevelt, Suite #l , Carlsbad, addressed the Commission and stated that he has worked with Mr. Abata for approximately ten years. He commented that the density for this project is only 5 du’s/ac which is well within the City’s growth management range. His main concern, however, is the hydroseeding issue. This condition is usually reserved for multi-phased projects but this is not a multi-phased project. This project has only two components, single family and multi-family. He thinks the same result can be achieved by merely planting rye grass. Commissioner Erwin inquired about the side setbacks between structures. He could only find one home with less than 20 ft. between structures. Don Detisch, attorney, replied that it was their intention to try and make sure that there was at least 20 ft. between the homes. Commissioner Savary inquired about the name of the project. Aharon Abata, 6121 Romany Drive, San Diego, replied that the name “Costa Do Sol” is Brazilian and means the same as Costa Del Sol in Spanish. Mr. Abata went on to state that he has tried to create a beautiful project which will serve the community of Carlsbad. He has borne all of the costs for the construction of Hidden Valley Road. The affordable housing is of high quality, with similar amenities and quality design as the remainder of the project. He is proud of the project and hopes the Commission will grant their approval. Commissioner Welshons inquired if there will be fences between the rear yards of the homes and the trail system. Don Agatep replied that there will be fencing and landscaping. Mr. Gibson added that 6 ft. fencing is shown on the landscape plan which was submitted. There being no other persons desiring to address the Commission on this topic, Chairman Noble declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Welshons inquired how wide the trail will be. Jeff Gibson, Associate Planner, replied that it varies. In most places the corridor is 8 ft. wide with a 6 ft. fence. However, some fences are higher due to the adjacent tennis courts. There is one area without fencing but it is not adjacent to homes. Commissioner Welshons inquired if the only access to the trail is in one corner; she feels that more than one access point is needed because people will create their own access if none is provided. Mr. Agatep replied that there will be a second access point at the cul-de-sac. Commissioner Erwin inquired about the applicant’s position with regard to hydroseeding. Don Agatep replied that he would prefer to plant rye grass if a building pad will set vacant for six months. He has no problem hydroseeding the slope areas. Jeff Gibson, Associate Planner, added that hydroseeding the building pads is not for the purpose of erosion control but, rather, for visual aesthetics. Staff could agree to accept rye grass if the applicant would agree to build out in two phases, as they stated. Gary Wayne, Assistant Planning Director, replied that the seeding is an aesthetic issue. Due to the economic climate, many building pads sit vacant and are not built. Mr. Wayne stated that the decision is up to the Commission. MINUTES PLANNING COMMISSION November 3,1993 PAGE 11 Commissioner Welshons inquired if there will ultimately be a traffic signal at Hidden Valley Road and Palomar Airport Road. Bob Wojcik, Principal Civil Engineer, replied that the traffic study indicated a signal would not be warranted. Commissioner Welshons inquired why some of the streets inside the project are more narrow than others. Mr. Wojcik replied that some of the streets are cul-de-sacs so only 36 ft. curb-to-curb is required. The loop roads would require 40 ft. curb-to-curb. Commissioner Schlehuber stated that he is not comfortable with Condition #40 due to the phenomenal cost of hydroseeding. He would like to change the condition to read “hydroseeding or rye grass.” If this is going to be a standard condition in future projects, he thinks a meeting with Commissioners would be in order. Commissioner Erwin also remembers the hydroseeding issue. He could support Commissioner Schlehuber’s recommendation. Commissioner Welshons would like to change Condition #25 to have the recreation design subject to approval of the Planning Commission and the Planning Director. It could come back as an item on the Consent Calendar. Chairman Noble stated that he can support the Commissioner Welshon’s recommendation and he can also accept rye grass being planted on the building pads. Commissioner Betz commented that Condition #40 could be corrected by just eliminating the “hydra” and leaving the word “seeded.” Commissioner Erwin stated that he can support the project and was happy to see the side yard setbacks increased. Commissioner Welshons commented that she was happy to see that the recreation facilities will be open to all residents. That is specifically spelled out. ACTION: Motion was made by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolution Nos. 3546, 3547, and 3548, recommending approval of CT 92-01, PUD 92-01, SDP 93-04, and adopt Planning Commission Resolution No. 3549, approving HDP 92-l 0, based on the findings and subject to the conditions contained therein, including a change to Condition #25 to submit a revised plan subject to review by the Planning Director and approval by the Planning Commission, and change to Condition #40 to delete “hydra.” VOTE: 7-O AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, Schlehuber and Welshons NOES: None ABSTAIN: None For the record, Chairman Noble acknowledged receipt of a letter dated November 2, 1993 from Carolyn R. Puga, 846 Bluebell Court, Carlsbad, opposing the construction of additional housing in Carlsbad. RECESS The Planning Commission recessed at 8:00 p.m. and reconvened at 8:13 p.m. MINUTES % DATE: JANUARY 13, 1994 NB-ITEM 2 EXHIBIT 5 APPLICATION DATE: 12/29/93 STAFF PERSON: Evan Becker STAFF REPORT TO: HOUSING COMMISSION FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: AFFORDABLE HOUSING PROJECT/MASTER PLAN - COSTA DO SOL - Request for recommendation of approval of a proposed 23 unit Affordable Housing Project within the Costa Do Sol Master Plan. The project is part of the development related to CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10. I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 94-002 RECOMMENDING APPROVAL of the development of the proposed 23 condominium unit affordable housing project within the Costa Do Sol Master Plan. II. PROJECT BACKGROUND AND DESCRIPTION On November 3, 1993, Aharon Abada received a recommendation from the Planning Commission for approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan and Hillside Development Permit to subdivide and construct 112 single-family homes and 40 one, two and three bedroom condominium units. The project is subject to the Inclusionary Housing Requirement which means that the applicant/developer must provide a minimum of 23 units of housing affordable to low income households. The applicant’s affordable housing proposal indicates that 23 of the 40 total condominium units will be sold at a price affordable to lower income households at 80% of the county median. In addition, the project is required to provide at least 10% of lower income units in three (3) bedrooms. The applicant is proposing that 10% (or 3 total) of the low income affordable condominium units be 3 bedroom units. The affordable housing project, as proposed, will meet the Applicant/Master Plan Developer’s obligation under the City of Carlsbad’s Inclusionary Housing Ordinance. COSTA DO SOL HOUSING COMMISSION - l/13/94 PAGE 2 III. APPLICANT/DEVELOPER TEAM INFORMATION The development team for the proposed affordable housing project is as follows: Applicant: Aharon Abada Developer: Aharon Abada Architect: Art Simpson Landscape Architect: A. Gevanthor Engineer(s): Dany Abada Planning Consultant: Don Agatep (Applicant Agent) Iv. AFFORDABLE HOUSING PROJECT DESCRIPTION/LOCATION The project will be located on an approximately 2.2 acre site at the northeast comer of Camino De Las Ondas and the future Hidden Valley Road. The parcel number for the property is 214- 140-40. The project will provide 23 for-sale condominium units which will include ten l-bedroom units (approx. 685 sq.ft. each), ten 2-bedroom units (approx. 985 sq.ft. each) and three 3-bedroom units (approx. 1250 sq.ft. each). Special amenities of the project will include a central active common recreation complex containing a pool and children’s play area. In addition, each condominium will include a 36 square foot private patio. The condominium project will also include an additional flat grassy common passive recreation area which will include a 5,900 square foot recreational vehicle storage area. The design and quality of the affordable housing units will be consistent with that of the proposed market rate condominium product. V. TERMS OF AFFORDABILITY The applicant has proposed that the 23 condominium units remain affordable for thirty (30) years for families at the following income level: 0 23 of the total (40) condominium units will be affordable to households at 80% of the county median. . COSTA DO SOL HOUSING COMMISSION - l/13/94 PAGE 3 The following chart provides a breakdown of bedroom sizes by income levels: Bedroom Size 80% of median 1 10 2 10 3 3 Total 23 Sales Price $81,835 $102,505 $120,668 I Construction of the affordable housing units will be concurrent with construction of the market rate units. VI. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT The applicant intends to privately finance the construction of the 23 units of affordable condominium units. The applicant is requesting no financial assistance from the City to construct the units for low income (80% of county median) households, as the project is proposed within the application. VII. FINANCIAL FEASIBILITY OF THE AFFORDABLE HOUSING PROJECT Based on review of the preliminary proforma submitted by the applicant, the projected costs and sales price for the units appears reasonable based on the current assumptions. At the time the units are constructed, the assumptions may change and, consequently, the sales price may change over time. However, the applicant shall be required at all times to set a sales price for the condominiums which does not exceed the maximum allowable housing payment for related household size. The applicant will be required to enter into an affordable housing agreement with the City of Carlsbad prior to Final Map approval. The agreement will outline all final assumptions on cost for the project and set the sales price for the units. VIII. CONSISTENCY WITH HOUSING ELEMENT AND CHAS The proposed affordable housing project is consistent with the policies and programs of the Housing Element and the Zone 20 Specific Plan. The applicant has proposed to provide 23 units of affordable housing which meets the 15% Inclusionary Housing Requirement for the market rate units and the number of 3 bedroom units (3 total) in the project meets the City’s 10% requirement. COSTA DO SOL HOUSING COMMISSION - l/13/94 PAGE 4 The proposed affordable “for sale” housing project meets a “Priority 2” need, as outlined within the City of Carlsbad’s 1993-98 Comprehensive Housing Affordability Strategy (CHAS). The level 2 priority indicates that there is a significant need for the proposed type of housing within the City of Carlsbad. Ix. SUMMARY The Costa Do Sol Affordable Condominium Housing Project, as proposed, is consistent with the Housing Element and meets the needs of lower income small and large families. Therefore, staff is recommending that the Housing Commission adopt a recommendation to the City Council for approval of the subject affordable housing project with the condition that the affordable housing units be affordable for a period of fifty-five (55) years (rather than the thirty (30) years proposed by the applicant). The Inclusionary Housing Ordinance requires restricted income units to remain affordable for the “useful life of the project”; the City of Carlsbad interprets this to mean a minimum of 55 years. X. l- 2- 3- 4- EXHIBITS Housing Commission Resolution No. 94-002, adopting a recommendation to the City Council to approve the Costa Do Sol Affordable Condominium Housing Project. Housing Commission Review Application submitted by Aharon Abada\Don Agatep & Associates. Planning Commission Staff Report dated November 3, 1993 Site Development Plan for proposed Affordable .Housing Project. HOUSING COMMISSION RESOLUTION NO. 94-002 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY ‘OF CARLSBAD, CALIFORNIA TO RECOMMEND APPROVAL OF THE DEVELOPMENTOF 23 CONDOMINIUM UNITS AFFORDABLE TO LOW INCOME HOUSEHOLDS WITHIN THE COSTA DO SOL MASTER PLAN ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. APPLICANT: AHARON ABADA CASE NO.: AHP 94-2 (CT92-01 And SDP #93-04) WHEREAS, an Affordable Housing Project (AHP) Application (No. 94-2) has been submitted to the City of Carlsbad’s Housing Commission for review and consideration; WHEREAS, said Housing Commission did, on the 13th date of January, 1994, hold a public meeting to consider said application; and WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Commission considered all factors relating to the application. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. That based on the information provided within the application and testimony presented during the public meeting of the Housing Commission on January 13, 1994, the Commission recommends APPROVAL of Affordable Housing Project (AHP) No. 94-2 containing 23 condominium units to be affordable to low income (80% of county median) households subject to the findings and conditions outlined herein. 3. That the Commission’s recommendation for approval of said affordable housing project does not include support for any financial assistance for the project. -- 1 2 3 4 5 6 7 8 9 1C 11 12 12 14 15 1t l’i 1E 15 2c 21 2; 21 24 2: 2f 2’; 2E . . . . FINDINGS: 1. The project is consistent with the goals and objectives of the City of Carlsbad’s Housing Element and Comprehensive Housing Affordability Strategy, the lnclusionary Housing Ordinance and the affordable housing requirements of the approved Zone 20 Specific Plan. 2. The project will provide a total of 23 condominium units (1, 2 and 3 bedroom) affordable for purchase to households at 80% or below the county median which meets a number two priority as outlined within the City of Carlsbad’s 1993-l 998 Comprehensive Housing Affordability Strategy (CHAS). The project, therefore, has the ability to effectively serve the City’s housing needs and priorities as expressed in the Housing Element and CHAS. 3. The project appears to be financially feasible based on review of the prospective sources of subsidy and projected costs. CONDITIONS: 1. 2. 3. . . . . . . . . . . . . . . . . Recommendation of approval is granted for AHP No. 94-2, as shown on Site Development Plan 93-04, dated March 18, 1993, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in the conditions of project approval by the City Council. Recommendation of approval is granted for AHP No. 94-2 subject to the condition that the required ratio of income restricted units shall be constructed concurrent with the project’s market rate units. After the initial sale of the inclusionary for-sale units to the designated income group, inclusionary ,for-sale units shall remain affordable for their useful life (minimum 55 years); or if subsequently sold at a market price to other than a targeted households, the sale shall result in the recapture of the City’s interest in the units, for use in assisting other eligible households. . . . . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . . . . . . . . . . ‘4. 4. Upon final approval of said affordable housing project and prior to final map approval, the applicant shall enter into an Affordable Housing Agreement with the City of Carlsbad. The agreement shall be binding to all future owners and successors in interest. The Affordable Housing Agreement shall include all terms and conditions of said project approval and outline the incentives (financial or other), if any, to be provided by the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 13th day of January, 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWARD SCARPELLI, Chairperson Housing Commission ATTEST: EVAN BECKER, Housing and Redevelopment Director - BOWIE, ARNESON, KADI, WILES & GIAN A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW cc ALEXANDER EOWIE* JOAN C. ARNESGN WILLIAM J. KADI WENDY H. WILES PATRICIA B. GLANNONE ROBERT L ANSLOW WC R. DOERING KENNEll S. LEVY ART0 J. NUUITNEN JANET L. MUELLER KIMBERLY A. &MURRAY ’ A PROFESSIONAL CORFORATION 4920 CAMPUS DRIVE NEWPORT BEACH. CALIFORNIA 92660 AREACODE TELEF’HONE851,1300 FAX (714) 851-2014 w.cunFlLE 3042.10 November 1, 1993 Planning Commission City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 Re: Costa Do Sol - CT 92-01 / PUD 92-01 / SDP 93-04 / HDP 92-10 Honorable Members of the Planning Commission: This firm represents the Carlsbad Unified School District (“District”). The District has been advised by Aharon Abada (the “Developer”) and his attorney that they will execute an agreement similar to the mitigation agreement between the District and LyonKopley Carlsbad Associates, L.P. We are currently waiting for suggested wording from the attorney for the Developer. This proposed mitigation agreement was approved by the District at a special meeting of the District’s Board of Trustees on October 21, 1993. This letter is submitted in the event no such mitigation agreement with the District is executed by the Developer prior to consideration of the above-described matters by the City Council. This letter deals with the applicable provisions of the General Plan, Public Facilities Element existing prior to submittal of these requests for approval of a Tentative Tract Map, Planned Unit Development Permit, Site Development Plan and Hillside Development Permit for the Costa Do Sol project (the “Project”) and the resulting impacts on the District’s school facilities, which approvals comprise part of the implementation of the Zone 20 Specific Plan project, and in response to Program Environmental Impact Report (No. 90-03) prepared for the Zone 20 Specific Plan project ( “EIR”). We understand that a “Certificate of Prior Compliance” relative to the environmental analysis for the Project will be issued subsequent to the Certification of the EIR by the City Council. This “Certificate of Prior Compliance” presumably would state that the Project’s environmental impacts were analyzed as part of the EIR. BAKWkGIABlAJN.d6974 - - Bon, AR&ON, KADI, WILES 6;r GIANNONE Planning Commission - City of Carlsbad Costa Do Sol Project Impacts November 1, 1993 Page 2 Buildout of the Project envisions the development of approximately 112 single family detached dwelling units (“DUs”) and 40 attached DUs in a 25.25 acre area within Zone 20. These units will also be built in an area entirely within the boundaries of the District (source: Zone 20 Local Facilities Management Plan, page 103). We request on behalf of the District that approval relative to the Project be conditioned upon execution of a mitigation agreement with the District prior to consideration by the City Council of any requested approvals. Absent such a mitigation agreement any approval by the City Council is precluded by the General Plan of the City and its Growth Management Ordinance. , A. School The District objects to the EIR’s omission of a discussion of appropriate mitigation of school impacts. For example, In Section 2.3, the EIR states that “it is envisioned that phased development of the project site would include areas of residential, school and park uses. ” In addition, the EIR refers to the Zone 20 Local Facilities Management Plan (“LFMP”) Performance Standard, which requires that “School capacity to meet the projected enrollment within the zone, as determined by the appropriate school district, must be provided prior to occupancy. ” The EIR then states that “Payment of school fees and/or land dedication will be required for new development based on future adoption of a ‘School Location Plan’ by the Carlsbad Unified School District.” See EIR page III-lo. The EIR, however, fails to adequately address the issue of how areas of school uses envisioned by the project can be financed exclusively by the payment of school fees. The mere designation of school sites and the payment of school fees do not constitute mitigation of school impacts, absent a specific source of funding for the school sites which will make up for shortfalls from the collection of school fees for school facilities costs. Therefore, the District objects to any approval of the Project without a proper environmental evaluation of the Project’s effect on the District’s K-12 school facilities and mitigation of any identified significant adverse impacts on the District’s K-12 school facilities. Based upon a student generation factor of 0.5 per DU it is anticipated that there will be 563 students to be generated from the development of the Project (i.e. 112 single family DUs plus 40 attached DUs = 152 DUs times 0.5 students/DU = 76 students). Based on an estimated school facilities cost of $6163 per single family DU and an estimated school facilities cost of $4930 per multi-family DU the Project will require additional school facilities at a cost of $887,456. For purposes of example, the Project would generate BAKW&G/ABIAJN:m/6974 . ..- ,-. bVTE, khNESON, Km, WILES & GIANNONE Planning Commission - City of Carlsbad Costa Do Sol Project Impacts November 1, 1993 Page 3 $411,840 in school fees from residential development (if the District were to assess such fees on development within the Project), or less than 47% of the total cost of schools required for the Project from residential development alone, not including the number of students to be generated from commercial-industrial development, using an average of 1,800 square feet for single-family detached DUs and 1,200 square feet for single family attached DUs and the District’s current residential school fee of $1.65 per square foot (since Proposition 170 was not approved at the statewide general election of November 2, 1993, the residential school fee has reverted as of that date from $2.65 per square foot to $1.65 per square foot). This leaves a shortfall of $475,616. State funding to make up for the shortfall is unlikely. There is an accumulated backlog of school facility projects on file with the State Allocation Board in the amount of $4.0 - 5 .O billion dollars. The LFMP currently approved for Zone 20 states that all schools within the District are currently at capacity (Zone 20 LFMP, page 103). Current LFMP mitigation requirements for conditioning development appr.ovals within Zone 20 include conformance with the City’s adopted performance standards within the zone, and the payment of school fees. As noted above, school fees are inadequate to finance needed facilities within Zone 20. Therefore, we request on behalf of the District that any approval of the Project be conditioned upon requiring provisions for full mitigation of those school facilities impacts upon the District. Other mitigation programs which the Developer and the District may agree to include the inclusion of the Project in a community facilities district, as discussed below. B. . . . . . SB 1287 andllo-Roes Community FacWes Dtstrm On January 1, 1993, SB 1287 became effective. SB 1287 made changes to the school facilities fees legislation which is found in Government Code Section 53080 et seg. and 65995 a. m. (“School Facilities Legislation”). Previously there had been considerable debate between school districts, cities and builders regarding whether or not SB 1287 overturned the holdings in the W, &.rt and Murrieta decisions, which stand for the proposition that a city or county is not limited to statutory school fees when considering adequate mitigation for legislative projects such as specific plans or zone changes. This confusion has now been resolved in that the purported repeal of the holding of the Mira. Hart. and MJJI&& decisions was legislatively terminated as a result of the rejection of BAKW&GIABIAJN:ad6974 &xv& ARNESON, WI, WILES & GIANNONE Planning Commission - City of Carlsbad Costa Do Sol Project Impacts November 1, 1993 Page 4 Proposition 170 by the voters at the state-wide general election of November 2, 1993. Therefore, the City’s requirement for adequate school facilities consistent with its General Plan Public Facilities Element and its Growth Management Plan is not limited to statutory school fees when considering adequate mitigation for legislative projects such as specific plans or zone changes. Alternatively, it should be noted that subsequent to January 1, 1993, the effective date of SB 1287, the Supreme Court rendered its decision in Grupe Develeany v, error Court (February 11, 1993) 4 Cal.4th 911, 16 Cal.Rptr.2d 226 (“Grupe”) . One of the holdings in the Grupe decision is that a city or county has the authority to condition new development on the use of Mello-Roos Community Facilities Districts (“CFDs”) to mitigate school impacts. The w decision is significant in that it acknowledges SB 1287 regarding the ability of cities and counties to use CFDs for mitigation of school impacts. The ability of the City to condition new development upon the use of CFDs to mitigate school impacts is found in Sections 65995(a) and 65995(f). Section 65995(a) provides that: Except for a fee, charge, dedication or other requirement authorized under Section 53080 . . ., no fee, charge, dedication or other requirement shall be levied by the legislative body of a local agency against a development project . . . for the construction or reconstruction of school facilities. Section 65995(f) specifically exempts CFDs from the limitations set forth in Section 65995(a) by providing: Nothing in this section shall be interpreted to limit or prohibit the use of . . . (CFDs) to finance the construction or reconstruction of school facilities. This provision makes CFDs a feasible method of school financing in that they have been specifically exempted from any dollar limitation for school mitigation. SB 1287 did not alter the authority the City has to require school mitigation through CFDs was never altered by SB 1287, even prior to the failure of Proposition 170 to win approval of the voters. BAKWkGIABIAJN:mI65’74 . . BOWIE, hNESON, -I, WILES & GUNNONE Planning Commission - City of Carlsbad Costa Do Sol Project Impacts November 1, 1993 a Page 5 Section 65996 also lends further support to this proposition and provides that CFDs are one of the specific methods of mitigating environmental effects relating to the adequacy of school facilities when the City is considering the approval of or the establishment of conditions on a development. SB 1287 did not change the ability of the City to use CFDs as a means of mitigation under Section 65996, and CFDs are specifically exempt from the statutory dollar limits of Section 65995. The Supreme Court’s decision in m is consistent with this position. In m, a voted special tax on new development for school facilities, “Measure C”, was challenged. Measure C had been approved by the voters within the Chino Unified School District prior to the 1986 legislation which authorized residential school fees originally at $1.50 per square foot (“School Facilities Legislation”). The Supreme Court distinguished special taxes levied by a CFD from the special taxes of Measure C. One of the Supreme Court’s key arguments used to support its decision was that Measure C special taxes were included within the scope of the limitations on “fees, charges, dedications, or other requirements” found in Section 65995 and that CFD special taxes were specifically excluded from the limitations of Section 65995. Grupe, pg. 2027. Accordingly, the Supreme Court held that the limitations of Government Code Section 65995 applied to Measure C, and therefore Measure C was invalid because the school district was also levying the maximum school fee allowed by Section 65995. It should also be noted that the Supreme Court’s decision was rendered while acknowledging the enactment of SB 1287. The holding in &~JIx is a significant development with respect to confirming the city’s ability to condition new development through the use of CFDs. The Supreme Court denied review of the M&L m and Murrieta decisions, and this is the first time the Supreme Court has addressed the issue of school facilities fees as authorized under Government Code Section 53080 and 65995. Both before and after the effective date of SB 1287, the City has had the authority to condition new development upon the use of CFDs to mitigate school impacts. The Supreme Court’s decision in m lends additional support to such authority. C. v With General Ph. *The City’s General Plan Public Facilities Element as well as the City’s Growth Management Plan contain provisions which require availability of schools prior to legislative BAKW&CIABIAIN:ad6974 , BOW, hNESON, KADI, WILES & GIANNONE Planning Commission - City of Carlsbad Costa Do Sol Project Impacts November 1, 1993 Page 6 approvals, including specific plans and zone changes. For example, the Growth Management Plan as set forth in Section 21.90.030 of the City Municipal Code requires the approval of an LFMP for each “facilities management zone” (such as Zone 20) established by the City Council as a condition precedent to acceptance of any development permits. Each LFMP must show how specified facilities and improvements, including schools, are to be installed and financed, and must also establish an inventory of present and future facilities requirements, a phasing schedule for installation or provision of such facilities, a fmancing plan for funding the facilities, and a schedule of facilities requirements correlated to individual development projects within each facilities management zone. The LFMP must conform to general plan requirements and must also establish the proportionate share of facilities and improvements costs attributable to property development, according to Section 21.90.110 of the City Municipal Code. The City’s resolution adopting and clarifying the standards for LFMPs (Resolution No. 8796, adopted September 23, 1986) requires school capacity to meet projected enrollment within each facilities management zone, as determined by the appropriate school district, prior to projected occupancy. Absent a finding that school facilities are adequate to meet projected enrollment, however, the City cannot proceed with a development approval within a given facilities management zone (such as Zone 20), pursuant to the pertinent provisions of the City’s Growth Management Plan. It should be noted that Government Code Section 65300.5, requires a finding of consistency between a specific plan (such as the Zone 20 LFMP) and the City’s General Plan prior to approval of that specific plan. In order to fully mitigate the impacts from the Project the District requests that the City further condition any approval of the Project by requiring that the Developer enter into a reasonable mitigation agreement mutually acceptable to the District and the Developer which fully mitigates the impacts to be incurred by the District as set forth above. It is our understanding on the basis of these comments which are received BAKW&G/AB/AJN:an/6974 . . ’ . BOW-E, &NESON, Km, WILES & GIANNONE Planning Commission - City of Carlsbad Costa Do Sol Project Impacts November’ 1, 1993 Page 7 and filed by the Planning Commission that the Project may be approved and sent to the City Council. We would be pleased to provide you with any additional information you may require. Very truly yours, BOWIE, ARNESON, KADI, WILES & GIANNONE By: Alexander Bowie cc: John Blair Ronald ‘Ball, Esq. Donald Detisch, Esq. BAKWkGIABIAJN:ad6974 sbad Unified School District 80 I Pine Avenue, Carlsbad. Calik BOARD OF TRUSTEES J. EDWARD SWITZER JR. Ifesldent JOE ANGEL Vice President .MARK D. PACMD Clerk JAMJZS MCCORMICK .Member SHARON FAITHFUL ?&mber DISTHICT AD!.l!SISTRXTIOS ‘THOMAS K. BRIERLEY, Ed.D. Supcrintcndcnt SUSAN-~L~LXl BEhTLEY, Ed.1 Aaatstant Supenntendent Instructmnal Services JOHN H. BLAIR ;&x&ant Superintendent Buxncss Scn~ccs GER%LD C. TARMAN .\wistant Superintendent Personn4 Services (‘HERYL ERVST Director Elementary Educutmn DEWhYNE L. FEASEL MMansger Fanlitiesl~laintenance/ Operations ,92008-2439 (619) 729-9291 FAX# (619) 729-9685 “All Students Can Learn” January 6, 1992 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Re: Aaron Abada. 120 sfd and 40 condos, APN 214 140 40. ' Camino de las Ondas, Carlsbad, CA 92009 Our District has reviewed the proposed project located at the above-referenced location and has evaluated the impact of the development of the project on the facilities of the District. The Governing Board wishes to advise the City officials and residents of Carlsbad that, as residential units are added to the community, it is likely that many classes in the District will become crowded, resulting in possible impairment to the educational and transportation services offered to the students. It is also probable that the students generated from this project may not attend the closest neighborhood school due to over-crowded conditions, and, in fact, may attend school across town. However, the District is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Sincerely, n “-----Assistant Superintendent Business Services 03 c: Sherry Pozza Distinmlishd Srhnol Rnard Award 1984 l;nit,pd St.ates Deoartment of Education . . -. FEBRUARY 14, 1994 C,k TO: CITY MANAGER c*hk FROM: ASSISTANT PLANNING DIRECTOR SUBJECT: REVISED CONDITION - CT 92-01 - COSTA DO SOL Staff is recommending that Condition No. 56 of Planning Commission Resolution No. 3546 be amended to read as follows: 56. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Local Coastal Program (LCP) the applicant shall implement one of the following three mitigation options prior to approval of the final map? a. Preserve prime agricultural property within the Coastal Zone consistent with the provisions of the Carlsbad LCP; or b. Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation Option 2 of the Local Coastal Program; or C. Provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre. The amount of the fee shall be determined prior to approval of the final map and shall be consistent with the provisions of Carlsbad’s LCP. The modified wording does not alter the intent of the original condition, however, it does provide better consistency with Carlsbad’s Local Coastal Program. GEW:lh . 1, CT9201 .GEW 7 - PLANNING COMMISSION OF THR CITY OF D 1200 Carl&ad Village Drive Carl&ad, CA 92008 RE: Parcel 2 of Parcel Map 6136 in the City of Carl&ad County of, San Diego, CA, filed and recorded in the San Diego County Recorder's Office, July 6, 1977. Dear Commission Members: I became a resident of Carl&ad in 1986 (7 years ago). I purchased my home at Carl&ad Crest (1 block East of Paseo De1 Norte and 3 blocks North of Pointsettia Lane). I purchased my new hame in North County because it offered a country atmosphere. The open fields, natural lagoons, and scattered farm lands indicated to me that the Carl&ad City fathers were protecting this conmunity from rapid growth, such as was occurring in De1 Mar and Solana Beach area just south of us. It appeared along with halting rapid growth, they were sincerely preserving this picturesque area. Over the last 7 years Ralphs shopping center was constructed, all the hotels that line the West side of the freeway, Hohen Honda, 50% of Carl&ad Car Country, restaurants, The Price Club, etc. Now there's talk about the LEG0 PARK being constructed in our area too. Growth is not bad, however, when The Price Club was built several people in our area and within my family all put in applications thinking new jobs would ",c. available and not one person received a call to be interviewed. So, that meant no new JOBS for the local residents. The children of the South Carlsbad cormnunity along Highway 5 between Tamarack and La Costa Avenue are without an elementary school, Jr. High or High school. This area has been primarily an adult community built without children in mind. There is not one park or playground available for our children. #l. TRAEFIC! I have to drive to La Jolla every day to work. Because of the over-build between Loma Santa Fe and Carmel Valley Road, Highway 5 is jammed every morning with vehicles pouring onto the freeway going South to San Diego. They have had to widen the freeway in that area to alleviate this problem. It is not unusual for the 15 mile trip from Poinsettia to La Jolla Village Drive to take up to 60 minutes of travel time. This same thing tiill cnrfai,nly !'iappe-: ",o South Carl&ad between La Costa Avenue and Palomar Airport Road! 1. - - Poinsettia Lane and Palomar Airport Rd. off ramps have beccme congested with traffic since , one, The Price Club was built, and two, the opening of Poinsettia to El Camino Real. This road now brings not only La Costa residents, but residents from Oceanside, Vista and San Marcos who live East of El Camino Real, to the freeway every morning. Instead of these people having to travel to La Costa Avenue or fighting traffic on Palcmar Airport Rd, they can drive to the freeway on Poinsettia Lane. #2. PARKS& -: Since my daughter and I have lived in this cmity (7 years) there has been a sign on Paseo De1 Norte half way between Pointsettia Lane and Palarnar Airport Road that says "park site." I realise one is on paper but my daughter was 12 when we moved here and is now 19 and never got to play in this park. The school problem is one of greatest concern: to this Southern comity of Carl&ad. For 6 years I had to drive my daughter down the freeway, first to Valley Jr. High and then to Carl&ad High School. Because I was a working single mother she was never able to attend after-school activities, such as games, drama rehearsals for her became very difficult, belonging on a basketball team became impossible because there was no transportation home to Carl&ad Crest from either school after 5 p.m. Are there PLANS for new schools in our neighborhood? Where will they be placed? If 40 condominiums and 112 single family hames are replacing the "open ~pace,~' where are all the children going to go to school? I drove my child 7-9 miles every morning for 6 years to an already over-crowded school. There were no bike trails or school bus transportation available to us. At the time she was the only child in Carl&ad Crest who went to Junior High and High school, so no car-pool was available either. When I first moved into this neighborhood, traffic noise was never a problem. Now it is. Paseo de1 Norte has constant traffic and Camino de Las Cndas is a race track forthe people who live behind us in the apartment complex. I object to the building of more hcxnes and condos at this time in this area. This particular area cannot offer schools, parks or playgrounds to new residents. If this is just being done because the LEG0 PARR might be built nearby, then all the more reason to halt building single family homes in this area. I'm not sure the residents in this area are ready for all the noise, traffic and added crime we are going to have in this area if all the City plans are put into effect. If a park is put in and the 2. LIGO PARK becmes a reality and all these new hmes are built in this area, we will become like any other city. I feelwewillbecme another Orange County with it's traffic jams, smzqr dirty streets and lost and homeless people walking around the neighborhoods. I vote no! NO SUBDMSIONS STEALING OUR OPEN SPACE. Sincerely, Carolyn R. Puga 846 Bluebell Court Carl&ad, CA 92009 619 9316885 3. u-hwz Q iAlL& ‘ % w7+%j3 ghhe/&&\9~y . - +??9 ! f.’ Y’:, 1 1 Q ,: .;. ,,. , 6 FEB 15 '94 II:89 BQKD 714.851~2814 -. P.2,4 BOWI& hNE8ON, bD1, !&kE8 &it GUNNONE APARlmsHlPmA -AL CORPORATLON ATlawsYs Aruw February 15,. 1994 . U.S. City Council of the City of Carlsbad Cadsbad City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 RC: Costa Do Sol - CT 92-01 / PUD 92-011 SDP 9344 / HDP 92-10 Honorable Members of the City Council: This firm represents the Carlsbui ThSed School District (“District”). This Icttex deals with the application for approval of a Tentative Tract Map, Planned Unit Development Permit, Site Development Plan and Hillside Development Permit for the Costa Do Sol project (the “Project”), The District has approved entering into mitigation agreements with several developers within the various Pacilities Management Zones of the City of Carlsbad, including the Project applicant. In this regard the District has M M at this time relative to the proposed approvd of the Project by the City Council JKQY&X~ that the school mitigation condition as recommended by the staff of the Planning Departxnent is included as p& of the City CounciJ’s approvat of the Project. In the event that the City Council were to approve the Project without this condition, however, the District would object to the approval of the Project as being contrary to applicable law and inconsistent with the General Plan of the City and its Growth Management Ordinance. The following discussion is therefore submttted w of the City’s Planning Department staff’s recommendation that the Project as approved include the school mitigation condition which the City Council has previously approved as a condition of development in other Facilities Management Zones wJthJn the City, as w&l as to ident@ the school facilities impacts to the District from the approval of the Project. Buildout of the Project envisions the development of approximately 112 single family detached dwelling units (“DUs”) and 40 attached DUs in a 25.25 acre area within Zone 20. These units will also be built in an area entirely within the boundaries of the District (source: Zone 20 Local Facilities Management Plan, page 103). Based upon a student generation factor of 0.473 per DU it Is anticipated that there will be 72 students to be generated from the development of the Project (i.e. 112 single family DUs plus 40 attached DUs = 152 DUs nAtwM/AP:AJN/~I 1 ., FEB .il:lO --. ,- i ." .- _.~, ;r. ,_ -/_.. _..-, ../ _-.^ 15 '94 BQKD 714~851.2014 P.3/4 1 ' . Boa AJlNEsoN, KADI, WILES & GLANNom City Council of the City of Carlsbad February 15, 1994 Page 2 times 0.473 students/IX3 = 72 students). Based on an estimated school facilities cost of $6263 per single family DU and an estimated school facilities cost of $4930 per multi-family DU the Project will require additional school facilities at a cost of $887,456. For purposes of example, the Project would generate $411,840 in school fees from residential development (if the District were to assess such fees on dcvelopmcnt within the Project), or kss than 47% of the total cost of schools required for the Project from residential development alone, not includiig the number of students to be generated from commercial-industrial development, using an average of 1,800 square feet for single-family detached DUs and 1,200 square feet for single family attached DUs and the District’s current residential school fee of $1.65 per square foot (since Proposition 170 was not approved at the statewide general election of November 2, 2993, the residential school fee has reverted as of that’date from $2.65 per square foot to $1.65 per square foot). This leaves a shoal of $475,616, State funding to make up for the shortfall is unlikely. There is an accumulated backlog of schooi facility projects on file with the State Allocation Board in the amount of $4.0 - 5.0 billion dollars. Conditioning the approval of the Project as well as any future development within Zone 20 in the manner as recommended for approval by the staff of the Planning Department would be appropriate and would be consistent with the school facilities mitigation condition previously negotiated between the District and the City and approved by the City Cc~unciI for other Local Facilities Management Zones within the City, and would also be consistent with current state law, as discussed in greater detail below. . . t , Law Rgg~&&+hool Fat lttlr;s 1 Since prior to 1993, cities and counties have had the ability to consider the adequacy of school facilities when approving “legislative” acts such as zone changes, specific plans and general plan amendments, This authority was based on three Court of Appeal decisions, s Coq. v. CQJ of San DIWQ, (1988) 205 Cal.App.3d 1201, Wliam & , . + . chool DBttlct v. RewJJ &g+ (,lW) 226 Cal.App.3d 1612, and h$&&t~ V&y UntfiecWhool Dlstrlct v. Coun& . m , of (1991) 228 Cal.App.3d 1212 (collectively the “Mira Decisiom”). In 1992, however, SE; 1287 was passed in an attempt to repeal the holdings in themra De&km and limit school mitigation measures to statutory school fees. However, due to poorly drafted legislation and the failure of the bill to be heard by any committees, Legislative Counsel Opinion No. 30455 concluded that Sl3 1287 failed to overturn the &Iira.~ Nevertheless, during the past year there has been considerable disagreement between school districts, developers, cities and counties as to the effect, if any, SE 1287 had on the ability of cities and counties to consider the adequacy of school facilities when reviewing legislative BUW&G/hP:AlNlWII 1 -I-vILI- -- FEB 15 ‘94 1l:lQ BQKDs_~14-851+2014 w ’ . , P.4/4 tbVIE, iiRNESON, &III, %h!3 6r thNNON?I City Council of the City of Carlsbad February 15. 1994 Page 3 developments. However, an additional result of the failure of Proposition 170 is that the langnagc added by SB 1287 was repealed. Accordingly, as of November 3, 1993, there can be no dispute that the City has the authority to require mitigation of school impacts k a condition of any legislative approvals of new development. On the basis of tbc Mira Dm the City has the authority to require more statutory school fees from new legislative kpprovals to ensure that school facilities are than the adequately mitigated. The City has acknowledged this authority by proposing the school facilities mitigation condition set forth in Agenda Bill No. 12,593 dated February lS, 1994, which condition is currently being considered by the City Council. This condition is consistent with State law, which currently provides that the City is not limited to statutory school fees when considering adequate mitigation for school facilities impacts at ,the time of legislative approvals for new development. Thank you for your anticipated cooperation. We would be pleased to provide you with any additional information you may require. Very truly yours, cc: Mr. Aharon Abada Mr. Donald Detisch Dr. George Mannon Mr. John Blair Mr. Alexander Bowic BQWXE, ARNESON, KADI, WILES & CXANNONE ALEXANDER BOWlE+ JOAN C. ARNESON WILLIAM J. KADI WENDY H. WILES PATRICIA B. GIANNONE ROBERT E. ANSLOW ERICR. DOERING KENNETH s. LEVY ARTOJ.NUUTlNEN JANET L. MUELLER KIMBERLY A. McMURRAY l A PFCWESDNAL ‘XXUOW.TK,N BOWIE, ARNESON, KADI, WLES & GIANNONE A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 4920 CAMPUS DRIVE NEWFORT BEACH, CALIFORNIA 92660 AREACODE TELEPHONE 851-1300 FAX(714) 851-2014 REF.aJnFlLE February 15, 1994 3042.14.4 . . . . la F&e & U.S. W City Council of the City of Carlsbad Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Costa Do Sol - CT 92-01 / PUD 92-01 / SDP 93-04 / HDP 92-10 Honorable Members of the City Council: This firm represents the Carlsbad Unified School District (“District”). This letter deals with the application for approval of a Tentative Tract Map, Planned Unit Development Permit, Site Development Plan and Hillside Development Permit for the Costa Do Sol project (the “Project”). The District has approved entering into mitigation agreements with several developers within the various Facilities Management Zones of the City of Carlsbad, including the Project applicant. In this regard the District has ~a w at this time relative to the proposed approval of the Project by the City Council provided that the school mitigation condition as recommended by the staff of the Planning Department is included as part of the City Council’s approval of the Project. In the event that the City Council were to approve the Project without this condition, however, the District would object to the approval of the Project as being contrary to applicable law and inconsistent with the General Plan of the City and its Growth Management Ordinance. The following discussion is therefore submitted in support of the City’s Planning Department staff’s recommendation that the Project as approved include the school mitigation condition which the City Council has previously approved as a condition of development in other Facilities Management Zones within the City, as well as to identify the school facilities impacts to the District from the approval of the Project. Buildout of the Project envisions the development of approximately 112 single family detached dwelling units (“DUs”) and 40 attached DUs in a 25.25 acre area within Zone 20. These units will also be built in an area entirely within the boundaries of the District (source: Zone 20 Local Facilities Management Plan, page 103). Based upon a student generation factor of 0.473 per DU it is anticipated that there will be 72 students to be generated from the development of the Project (i.e. 112 single family DUs plus 40 attached DUs = 152 DUs BAKW&GIAB:AJNIanl9811 km, hINESON, mu, ‘WILES & GIANNONE City Council of the City of Carlsbad February 15, 1994 Page 2 times 0.473 students/DU = 72 students). Based on an estimated school facilities cost of $6163 per single family DU and an estimated school facilities cost of $4930 per multi-family DU the Project will require additional school facilities at a cost of $887,456. For purposes of example, the Project would generate $411,840 in school fees from residential development (if the District were to assess such fees on development within the Project), or less than 47% of the total cost of schools required for the Project from residential development alone, not including the number of students to be generated from commercial-industrial development, using an average of 1,800 square feet for single-family detached DUs and 1,200 square feet for single family attached DUs and the District’s current residential school fee of $1.65 per square foot (since Proposition 170 was not approved at the statewide general election of November 2, 1993, the residential school fee has reverted as of that date from $2.65 per square foot to $1.65 per square foot). This leaves a shortfall of $475,616. State funding to make up for the shortfall is unlikely. There is an accumulated backlog of school facility projects on file with the State Allocation Board in the amount of $4.0 - 5.0 billion dollars. Conditioning the approval of the Project as well as any future development within Zone 20 in the manner as recommended for approval by the staff of the Planning Department would be appropriate and would be consistent with the school facilities mitigation condition previously negotiated between the District and the City and approved by the City Council for other Local Facilities Management Zones within the City, and would also be consistent with current state law, as discussed in greater detail below. Since prior to 1993, cities and counties have had the ability to consider the adequacy of school facilities when approving “legislative” acts such as zone changes, specific plans and general plan amendments. This authority was based on three Court of Appeal decisions, Mira Development Corp. v. City of San Diegn, (1988) 205 Cal.App.3d 1201, Will- n of the Countv of J.os . . ed School Dtstrrct v. County Decisions”). In 1992, however, SB 1287 was passed in an attempt to repeal the holdings in the Mira Decisim and limit school mitigation measures to statutory school fees. However, due to poorly drafted legislation and the failure of the bill to be heard by any committees, Legislative Counsel Opinion No. 30455 concluded that SB 1287 failed to overturn the Mira Decisions. Nevertheless, during the past year there has been considerable disagreement between school districts, developers, cities and counties as to the effect, if any, SB 1287 had on the ability of cities and counties to consider the adequacy of school facilities when reviewing legislative BAKWM/AB:AJN/anl9811 Bmm~, &NESON, KADI, WILES & GIANNONE City Council of the City of Carlsbad February 15, 1994 Page 3 developments. However, an additional result of the failure of Proposition 170 is that the language added by SB 1287 was repealed. Accordingly, as of November 3, 1993, there can be no dispute that the City has the authority to require mitigation of school impacts as a condition of any legislative approvals of new development. On the basis of the&J&a Decisiw, the City has the authority to require more than the statutory school fees from new legislative approvals to ensure that school facilities are adequately mitigated. The City has acknowledged this authority by proposing the school facilities mitigation condition set forth in Agenda Bill No. 12,593 dated February 15, 1994, which condition is currently being considered by the City Council. This condition is consistent with State law, which currently provides that the City is not limited to statutory school fees when considering adequate mitigation for school facilities impacts at the time of legislative approvals for new development. Thank you for your anticipated cooperation. We would be pleased to provide you with any additional information you may require. Very truly yours, BOWIE, ARNESON, KADI, WILES & GIANNONE cc: Mr. Aharon Abada Mr. Donald Detisch Dr. George Mannon Mr. John Blair Mr. Alexander Bowie By: BAKWkGIABAJNhnl98I I ,*- - * . PROOF OF PUBLICATION . (2015.5 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Blade-Citizen Leucadi; of San D a newsp. courl of under ttx that the I (set in tyi publishec newspap following a I certify (01 foregoing i Dated at Oce; of Feb. f ----------- -- a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for the City of Oceanside and the North Countv Judicial district w”’ . I L I I I This space is for the County Clerk‘s Filing Stamp Proof of Publication of Public Hearing NOTICE IS HEREBY GIVEN that the city Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M. on Tuesday, February 15, 1994, to consider an application for a Tentative Tract Map, Planned Unit Development, Site Development Plan, and Hillside Development Permit to subdivide and construct 112 single family homes, and 40 one, two and three bedroom condominium units, all on property generally kated east of Paseo Del Norte, north of Camino de las Ondas in the PC Zone, in local Facilities Management Zone 20, and more particularly described as: Par&l 2 of Parcel ,Map 6136 in ttie City of Carlsbad, County of San Diego, State of California, filed in the Office of the San Diego County Recorder on July 6, 1977. If yqu have any questions regarding this matter, please call Jeff Gibson in the Planning Department, at 438-l 161. ext. 4455 > If you challenge the Tentative Tract Map, Planned Unit Development, Site Development Plan and/or Hillside Development Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad CitJ Clerk’s Office at, or prior to, the public hearing. APPLICANT: Aharon Abada CARLSBAD CITY COUNCIL Legal 38642 February 5,1994 . : . . PROOF OF PUBLICATION , (2015.5 C.C.P.) This space is for the County Clerk’s Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Blade-Citizen Proof of Publication of a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial Public :.c:;., \:I:, r,.-’ district with substantial / ------------------------I-,-_;_____,,,__,---~----------- circulation in Rnnc~ll, F-p-~ 1. #. r ., ) NOTICE OF PUBLIC HEARING Leucadia, Enc of San Diego, a newspaper ( Court of the C under the date that the notice (set in type nc published in e, newspaper an4 following date: ;a I certify (or dec foregoing is tn Dated at Ocea of Feb. ----------- , fi NOTICE IS HEREBY GIVEN that the city Council of the City of ‘Carl&ad will hold a public hearing at the City Council Chambers, 1206 Carlsbad village Drive, Carl&d, California, at 6:00 P.M. on Tuesday, February 15, 1994, to consider an application for a Tentative Tract Map, Planned Unit Development, Site Development Plan, and Hillside Development Permit to subdivide and construct 112 single family homes, and 40 one, two and three bedroom condominium units, all on property generally located east of Paseo Del Norte, north of Camino de las Ondas in the PC Zone, in local Facilities Management Zone 20, and more particularly described as: Parcel 2 of Parcel Map 6138 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the San Diego County Recorder on Jufy 6, 1977. If you have any questions regarding this matter, please call Jeff Gibson in the Planning Department, \ I --. 0--- at 438-l 161. ext. 4455 ._, If you challenge the Tentative Tract Map, Planned Unit Development, Site Development Plan and/or Hillside Development Permit in court, you may be. limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public hearing. APPLICANT: Aharon Abada CARLSBAD CITY COUNCIL Legal 38642 February 51994 I NOTICE OF PUBLIC HEARING CT 92-l/PUD 92-l/SDP 93-4/HDP 92-10 - COSTA DO SOL NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, February 15, 1994, to consider an application for a Tentative Tract Map, Planned Unit Development, Site Development Plan, and Hillside Development Permit to subdivide and construct 112 single family homes, and 40 one, two and three bedroom condominium units, all on property generally located east of Paseo De1 Norte, north of Camino de las Ondas in the PC Zone, in Local Facilities Management Zone 20, and more particularly described as: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, State of.California, filed in the Office of the San Diego County Recorder on July 6, 1977. If you have any questions regarding this matter, please call Jeff Gibson in the Planning Department, at 438-1161, ext. 4455. If you challenge the Tentative Tract Map, Planned Unit Development, Site Development Plan and/or Hillside Development Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: Aharon Abada PUBLISH: February 5, 1994 CARLSBAD CITY COUNCIL CT 92-OVPW 92-01) COSTADOSOI. SDP 93-04/l-w 92-K NOTICEOFPUBLICHEARINL NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 3, 1993, to consider a request for recommendation of approval of a Tentative Tract Map, Planned Unit Development, Site Development Plan, and Hillside Development Permit to subdivide and construct 112 single- family homes, and 40 one, two, and three bedroom condominium units, all on property generally located east of Paseo de1 Norte, and north of Camino de las Ondas in the PC Zone in Local Facilities Management Plan Zone 20 and more particularly described as: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder% Office, July 6, 1977. Those persons wishing to speak on this proposal ark cordially invited to attend the public hearing. Copies of the staff report will be available on and after October 28, 1993. If you have any questions, please call Jeff Gibson in the Planning Department at (619) 438-1161, ext. 4455. If you challenge the Tentative Tract Map, Planned Unit Development, Site Development Plan and Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 CASE NAME: COSTA DO SOL PUBLISH: OCTOBER 21, 1993 I . ’ . (Form A) TO: FROM: RE: CITY CLERK’S OFFICE PLANNING DEPARTMENT PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice COSTA DO SOL - CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 for a public hearing before the City Council. Please notice the item for the Council meeting of Thank you. MARTY ORENYAK JANUARY 26, 1994 Assistant City Manager Attachments Date ' Sunbelt Planning Co IT- Alice M Kramer - Bramrlca California Inc -8641 Fitestone Blvd 6798 Paseo De1 Norte 1 Park Plz 1100 Diwney CA 9024 1 Carlsbad CA 92009 Irvine CA 92714 .b Raymond J Jordan Gollings Robert L&Victo Raymond F & Rita Mrrrs 3474 Carlsbad Blvd- 6679 Paseo De1 Norte F 1504 Laurel St Carlsbad CA 92008 Carlsbad CA 92009 South Pasadenr CA 91030 Homer D Lyke Lola M Bristol Frederick E Thornburgh 6675 Paseo De1 Norte C 8998 La Mesa Blvd 6675 Paseo De1 Nortc B Carlsbod CA 92009 La Mesa ,CA 91941 Carlsbad CA 92009 Marie C Beal Horst H Brytschc Eppcrson Family Trust 0 6673 Paseo De1 Norte I. 3930 S Pelican Bay Plz 6673 Pasco De1 Nortc G Carlsbad CA 92009 Saint Petersburg 33707 Carlsbad CA 92009 Harold S Slatcr George L b Nancy Turner Morton E & Marie Sweet 6673 Paseo De1 Norte H 6673 Paseo De1 Nortc 6673 Paseo De1 Nortc F Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Robert A Reiner Colleen D Holloway John J Schuele 20246, Westbrook Ct 6673 Paseo De1 Norte D 6673 Paseo De1 Nortc A Farmington Mi 48334 Carlsbad CA 92009 Carlsbad CA 92009 Herbert W Badstubner Matthew M Langus Harvey & Phyllis Mandel 6673 Paseo Dal Norte B 6677 Paseo De1 Norte F 6677 Paseo De1 Nortc G Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92069 Jackson Curtis 1210, Sussex Ln Newport Beach CA 92660 Alfred R Horning 4759 Bryce Cir Carlsbad CA 92008 Mary T Cali 6679 Paseo De1 Norte D Carlsbad CA 92009 Charles Christ 814 Wigwam Avc Arcadia CA 91006 Charlotte T Hutchison 3018 Avenida Christina Carlsbad CA 92009 Robert H Gartner 6677 Paseo De1 Norte B Carlsbad CA 92008 Gertrude V Brong 6679 Paseo Dal Norte Carlsbad CA 92009 Elizabeth A Shnable 6679 Paseo De1 North A Carlsbad CA 92009 Donald G MC Comae PO, Box 80s Worland Wy 82401 Charles B Grimes 25233 Calle De Tres Ami Murrieta CA 92563 David L Gangloff 10723 Elgers St Cerritos CA 90701 David & Julie Herr 918 Caminito Estrada E Carlsbad CA 92009. Maris S Rienzi John G Leslie Nobuko M Ishibashi . -918 daminito Estrada p 918 Caminito Estradt .-7 1150 Ardcn Dr * C&rlsbed CA 92~ 9 Carlsbad CA 9i-J8 Encinitas CA 92024 Stockton Living Trust 0 Charles M Whalen Susan L Johns 133 Torrcmolinos St 918 Caminito Estrada B 1699 Samar Pl Ranch0 Mirage CA 92270 Carlsbad CA 92009 Costa Mesa CA 92626 Donald A Maynard Warman Family Trust 0% Frederick C Brandt 6029 Decrford St 69525 Morningside Dr 13687 Donnybrook Ln Lakewood CA 90713 Desert Hot Spring 92240 Moorpark CA 93021 Joseph E Mrotowski Carl H Schumacher Lund Family Trust 12-09 14186 Rccucrdo Dr 916 Caminito Estrada E 916 Caminito Estrada C De1 Mar CA 92014 Carlsbad CA 92009 Carlsbad CA 92009 Donald K Moote Virgene E Bellin Ncwsham Family Trust 07 916 Caminito Estrada D 916 Caminito Estrada A Rosemary Forsyth Carlsbad CA 92009 Carlsbad CA 92009 C/O House Of Real 91502 Billbob Corp Joseph F Schwab Judith K Croylc 4935 Graywood Ave PO Box 372693 913 Caminito Estrada C Lakewood CA 90712 Satellite Beach F 32937 Carlsbad CA 92009 Bartholomew S Besterci Viola M Bornhorst Dale & Michele Vincent 915 Caminito Estrada D 915 Caminito Estrada E 917 Caminito Estrada A Carlsbad CA 92009 Ca+lsbad CA 92009 Carlsbad CA 92009 James B & Dorothy Ohara Lawrence D Williams Vincent 3 Apostol 6343 Via Barona 5340 Louise Ave 917 Caminito Estrada D Carlsbad CA 92009 Encino CA 91316 Carlsbad CA 92009’ Ronald E Atkinson Richard V Clever Patrick Family Trust 08 6701 Paseo De1 Norte A 6701 Paseo De1 Norte B 340 Marlin Ct Carlsbad CA 92009 Carlsbad CA 92009 Hayward CA 94344 Joseph J & Sally Hors Rodney Densford Paul F Ollvier 1833 Parliament Rd Encinitas CA 92024 6701 Paseo De1 Norte Carlsbad CA 92009 6703 Paseo De1 Norte A Carlsbad CA 92009 Thomas A & Sally Voytko 6703 Pareo De1 Norte B Carlsbad CA 92009 Jeanette C Duvall John R & Iyoko Forstall 6703 Paseo De1 Norte C 640 Halcyon Cir Carlsbrd CA 92009 Penracola Fl 32506 . a . ..1 - . . , 6703.Pasco Dcl Norte . -Corlsbad CA 921 ) . John C & S Becker 9342 Via Crema Durban k CA -91504 6eorgc V rk Betty Kelso 6831 Carnation Dr Carlsbad CA 92009 Mary Hrymowski 6825 Carnation Dr Carlsbad CA 92009 Ralph W Tennant 6817 Zinnia Ct Carlsbad CA 92009 Henry 1 Morris 6809 Zinnia Ct Carlsbad CA 92009 Duana II Robinson 6804 Zinnia Ct Carlsbad CA .92009 Joan L Huke 6810 Zinnia Ct Carlsbad CA 92009 Stephen R Watson 853 N Deerflats Dr San Dimas CA 91773 Daniel Margulies 842 Bluebell Ct Carlsbad CA 92009 Ellen H Rice 850 Bluebell Ct Carlsbad CA 92009 “O.~,C3 1, I\C6I,‘sj PO Box 8436 Ranch0 Santa Fe C 9; 7 Georgia L Fromm 6837 Carnation Dr Carlsbad CA Brent E P Laura 862 Muirwood Dr Oceanside CA Kevin tl t Ellen 6821 Zinnia Ct Carlsbad CA Eraine Bromley 6815 Zinnia Ct Carlsbad CA Guy W MC Roskey 6807 Zinnia Ct Carlsbad CA Lisette E Axson 6806 Zinnia Ct Carlsbad CA 92009 Little 92057 Rykoski 92009 92009 92009 92009 Daniel S ME Guckin 6814 Zinnia Ct Carlsbad CA 92009 Jack B Kenewell 6820 Zinnia Ct Carlsbad CA 92009 John Herbert 844 Bluebell Ct Carlsbad CA 92009 Donald E IIt Helen Lehmer 852 Bluebell Ct Carlsbad CA 92009 nehfnuG t weoer 3433 Drover Dr San Diego CA 92115 MC Dougall Donald C&Y01 6835 Carnation Dr Carlsbad CA 92009 Atollia K Jagoda 6827 Carnation Dr Carlsbad CA 92009 Joao P ,& Paula Freitas 6819 Zinnia Ct Carlsbad CA 92009 Eugene W Swacker 1333 Olive Ave Trlr 13 Vista CA 92083 Salvatore J Lombard0 6805 Zinnia Ct Carlsbad CA 92009 Charles K Castes 6808 Zinnia Ct Carlsbad CA 92009 David F Maldonado 6816 Zinnia Ct Catlsbrd CA 92009 Elizabeth A Schick 840 Bluebell Ct Carlsbad CA 92009 Carolyn R Puga 846 Bluebell Ct Carlsbad CA 92009 Russell F Ames 854 Bluebell Ct Carlsbad CA 92009 J William G NUPUJ~~~ Charles E Kinsey Ralph S Aoki 836 l3lucbell Ct 855 Bluebell Ct 853 Bluebell Ct Carlsb$d CA 92, ? Carlsbad CA 9; J9 Carlsbad CA 92009 Alfred Greenberg Evelyn Harvey Lois L Pratum 851 Bluebell Ct 849 Bluebell Ct 845 Bluebell Ct Carlsbad CA -92009 Carlsbad CA 92009 Carlsbad CA 92009 Peter R Million Hossein P & Atar Arimi Richard L Kisela 440 Forestwood Dr 841 Bluebell Ct 84 Whitehall Dr Valparaiso In 46383 Carlsbad CA 92009 Tallmadge Oh 44278 Charles H Wissman Jose & Dolores Novoa Leecia J Roemer 9505 Easter Way 1 22 Al iento 834 Mistletoe Ln San Diego CA 92121 Ranch0 Santa flarg 92688 Carlsbad CA 92009 Trust Moyes James J Stewart Reed Living Trust 840 Mistletoe Ln Usmca Hhd Box 138 844 tlistletoe Ln Carlsbad CA 92008 APO NY 09176 Carlrbad CA 92009 Louis A Weinberg , Harvey 3 Feinman Dorothy J Bates 846 Mistletoe ‘Ln 3790 Skyline Rd 843 Nistletoe Ln Carlsbad CA 92009 Carlsbad CA 92008 Carlsbad CA 92009 Michael R Johnson Barbara Y Gorishek Helen M Pearman 841 tlistletoe Ln 839 Mistletoe Ln 835 flistlctoc Ln Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Barbara Sands David & Stephanie Koons Steven E Dorsch 1744 Oascony Rd PO Box 3998 PO Box 8234 Encinitas CA 92024 Mililani Hi 96789 Ranch0 Santa Fe C 92067 Tom F & Kathleen Torres 6847 Carnation Dr Carlsbad CA 92009 Ronald W Ramsey Evelyn tl Hicks 6849 Carnation Dr 6851 Carnation Dr Carlsbad CA 92009 Carlsbad CA 92009 Jrisohn L Carolyn Chunn 1708 Ave Salvador San Clemente CA 92672 Richard B Bray Dennis A Caresio 6857 Carnation Dr 3202 Hacienda St Carlsbad CA 92009 Duarte CA 91010 Hosein T Afshar Terry 1 Woollry Samir A & Sandra Hakooz 4525 Sunnyhill St PO Box 8836 104 Prince Albert Ln Thousand Oaks CA 91362 Ranch0 Santa Fe C 92067 Cary NC 27511 ..s--- 9 4525 8Jnnyhill St Thousand Oaks CA 9134 t Margaret H Dornish 6873 Carnation Dr Carlsbad CA 92009 Willie D & Kay Anders PO Box 772 Yac hats Or 97498 Sandra Higgins 6885 Carnation Dr Carlsbad CA 92009 Donald D & Ellen Martin 6893 Carnation Dr Carlsbad CA 92009 Nolly Brooks 862 Marigold Ct Crrlsbad CA 92009 Donald P & Sondra Ave 868 Marigold Ct Carlsbad CA 92009 Robert L Jordan 2515 Montgomery Ave Cardiff By The Se 92007 Pamela Kuhn 875 Marigold Ct Carlsbad CA 92009 John W & Faye Beaver 867 Marigold Ct Carlrbad CA 92009 Robert F & Susan Haines 861 Marigold Ct Carlsbrd CA 92009 6869 Carnation Dr Carlsbad CA 920,. - Markhan A Gates 6875 Carnation Dr Carlsbad CA 92009 Virginia R Lane 6881 Carnation Dr Carlsbad CA 92009 Paul D & Janet Stevens 6887 Carnation Dr Carlsbad CA 92009 Laurence J Miscall 1051 San Patricia Dr Solana Beach CA Kevin ?I Rankins 864 Marigold Ct Carlsbad CA Charles E Kinsey 872 Marigold Ct Carlsbad CA Carol A Ruberti 878 Marigold Ct Carlsbad CA Maxine L Nelson 873 tlarigold Ct Carlsbad CA 92075 92009 92009 92009 92009 Peter I & Anna Lio 6829 Shearwaters Dr Carlsbad CA 92009 Cervin Family Trust lo- 13065 Via Esperia De1 tlar CA 92014 6871 Carnation Dr Carlsbad CA 92009 Eloise Hick 600 B St 2140 San Diego CA 92101 Robert J Demarco 1701 Debrilla Dr Las Vegas NV 89123 Eugene W Swacker 1333 Olive Ave Trlr 13 Vista CA 92083 Clyde F Gillett 6897 Carnation Dr Carlsbad CA 92009 Daniel H & Mary Jensen 40022 Bluebird Ln Palmdale CA 93551 Linda K White 3660 Aqua Ln Oceanside CA 92056 Carl & Anne Mosher PO Box 2129 Leucadia CA 92024 Gleghorn Family Trust 871 Marigold Ct Carlsbad CA 92009 JanQt M Krueger 516 N De1 Mar Ave San QabrieI CA 91775 Albert E Saunders 864 Hollyhock Ct Carlsbad CA 92009 f f36&I;l;yh;c; it 868 1 ‘i Hollyhock 2 ,, I, .+ M 1 Y Ct -- PO bdr~ Box w r-lerscer-rrn 1501 .Carlsbpd CA 92' i, Carlsbad CA 9; 9 La Guinta CA 92253 James A Hawkins Sandra Blakely Jon & Emmorey Linker 1532 Valleda Ln 876 Hollyhock Ct 878 Hollyhock Ct Encini tas CA - 92024 Carlsbad CA 92008 Carlsbad CA 92009 David & Theresa Cohen John 1 Clements Michael D Ik Jordan Hay 877 Hollyhock Ct 1381 Via De1 Los Grande 873 Hollyhock Ct Carlsbad CA 92009 San Jose CA 95120 Carlsbad CA 92009 James R Williams Denton E & Suranna Fox Richard L Frumin 871 Hollyhock Ct 867 Hollyhock Ct 6832 Shearwaters Dr Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Jack S Mccain Arnold D & Gene Hansen Lynn R Dick 863 Hollyhock Ct 861 Hollyhock Ct 862 Ginger Ave Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Richard B & Fiona Day 6eorge & Oayle Kilavos Dennis J Duran 864 Ginger Ave 866 Ginger Ave 868 Ginger Ave Car lsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 James G Bauer Kelvin W MC Queen Thomas M & Linda Ohlsen 44 Spring Valley Rd 872 Ginger Ave 874 6inger AVQ Montvale NJ 07645 Carlsbad CA 92009 Carlsbad CA 92009 Dawn I Hicks Randee S Anderson Donald’A & Joan Wolfe 876 Ginger Ave 880 Oinger Ave 911 Begonia Ct Carlsbad CA 92009 Carlsbad CA 92009 Carlrbad CA 92009 Gloria M McIntosh Florence Peters H 0 Ilc Sorley 884 Oingcr Ave 886 Oinger AVQ 7922 Parsons Blvd Carlsbad CA 92009 Carlsbad CA 92009 Pica Rivera CA 90660 Michael A Restivo Jean-Marie Haskell Beverly Laning 890 Ginger Ave 425 Hayes 894 Ginger Ave Carlsbad CA 92009 Irvine CA 92720 Carlsbad CA 92009 Murrell & Jean Miller Peter W & Mary MoJas Dennis A k Linda Beck 879 Oinger Ave 10051 Valley Circle Blv 883 Qinger AVQ Carlsbad CA 92009 Chatsworth CA 91311 Carlsbad CA 92009 Rona%ld W Ramsey George J Fischer James A Hardesty _a 837 Brown Dr 887 Ginger Ave 889 Ginger AVQ Burbank CA 91&l4 Crrlsbad CA 9X09 Carlsbad CA 92009 Susan A Bergdahl John A Richman Seascape Lincoln 891 ginger Ave PO Box 2265 5225 N Central Ave 212 Carlsbad CA - 92009 Carlsbad CA 92018 Phoenix AZ 85012 Dominic J Caresio Dennis A Caresio Kent A t Dana Whitson 2207 Calle Cidra 3202 Hacienda St 5051 Shore Dr San Clemente CA 92673 Duarte CA 91010 Carlsbad CA 92008 June M Matson Thelma E Sfotts August H & Ruth Heber 6725 Hyacinth Cir 6727 Hyacinth Cir 9402 Central Ave Carlsbad CA 92009 Carlsbad CA 92009 Garden Grove CA 92644 Jane(aka A Drumm Pearl E Johnson Alfred V & Ramona Haise 6731 Hyacinth Cir 6733 Hyacinth Cir 6735 Hyacinth Cir Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Clyde W Potter William N Hoshor Lorraine V Larson 6705 Hyacinth Cir 4102 AVQnida Sevilla 6709 Hyacinth Cir Carlsbad CA 92009 Cypress CA 90630 Carlsbrd CA 92009 Tom C & M Hageman Chester A Anderson Arturo Gonzalez 2606 Argonauta St PO Box 763 PO Box, 9030-164 Carlsbad CA 92009 Cerlsbad CA 92018 Carlsbad CA 92018 John C & Hazel Powers Michael J Clarke Miriam V Sims 6717 Hyacinth Cir 6705 Clover Ct 6707 Clover Ct Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Hubert S Schaunig Dale B Eben Jr Family T William L Ziegler 6709 Clover Ct 6711 Clover Ct 6713 Clover Ct Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Jerry V & Marcia Lasher Virginia L BOYQS Fred P Spector 6715 Clover Ct 6717 Clover Ct 6755 RUSSQ~~~ Ct Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Sharon M Campbell J D Stoutenborough Sheryl L Flares 6721. Clover Ct 6723 Clover Ct 1751 Woodbine Pl Carlsbad CA 92009 Carlsbad CA 92009 Oceanside CA 92054 Clarence M Anderson - .G727 Clever Ct Carlsbad CA 9200Y Kl osc - Nuernberg Dso Unit 27936 Box 30 09222 Raymond C & Betty Boles S200 S Lakeshore Dr 239 Tempe AZ 85283 Harold Erickson 6733 Clover Ct Carlsbad CA 92009 Doris V Koelsch 1142 Calle Vista Dr Beverly Hills CA 90210 ChQTlQS R Jones 1170 Chinquapin Ave Carlsbad CA 92008 Lauren M Davis 6712 Clover Ct Carlsbad CA 92009 William C Moulton 367 W Walnut St Pasadena CA 91103 Roger Roth 6708 Clover Ct Carlsbad CA 92009 Barbara 3 Beeby 40 Cypress Grove Ct New Orleans La 70131 Altamira Unit No 4 Home PO Box 1068 Oceanside CA 92051 Cable H R Family Trust 6739 Nepeta Way Carlsbad CA 92009 Newell M & Ruth Ayers 6741 NQpetP Way Carlsbad CA 92009 Janice L Wingate 324 Newport AVQ Long Beach CA 90814 John E & Mary Schwery PO Box 610 ES~QS Park Co 80517 Donald 6 & Janet Orr 4025 Chapman Pl Riverside CA 92506 Milton & Lois Schmidt 1010 La Casa Dr San tlarcos CA 92069 Francis D BQWley 27647 Highwiew AVQ 92311 Barstow CA Eugene W 8WaCkQr Rose M tlolenda 1333 Olive AVQ Trlr 13 6741 Heath Ct Vista CA 92083 Carlsbad CA 92009 James L & Barbara Baker 6745 Heath Ct Carlsbad CA 92009 Mabel A Goodwin 6745 Nepeta Way Carlsbad CA 92009 Macdonald- 6749 NQpQta Way Carlsbad CA 92009 tlarie K Denny 6731 Nepeta Way Carlsbad CA 92009 Hill Family Trust lo-19 1726 Forest AVQ Carlsbad CA 92000 Esthr tl Singer 1601 S Pacific St A6 Oceanside CA 92054 Ceorg Buehrie 6933 Whitecap Dr Carlsbad CA 92009 Rita M Logan 6743 Heath Ct Carlrbad CA 92009 tlorong Family Trust 07- 6747 Nepeta Way Carlrbad CA 92009 C 3 Scheppers 6753 NQpQta Way Carlsbad CA 92009 Amelia R Irvine 6759 Nepeta Way 'arlsbad CA 92009 Mary B HOfmQiStQr PO Box 1608 Sanibel Fl 33957 William E Davis 6743 Montia Ct Carlsbad CA 92009 h Richard B Eaton '6&745 Montia Ct Car'lsbad CA 92OG Charles F & Mary Jean 6751 Montia Ct Carlrbad CA 92009 Beatrice J Arntson 6737 Montia Ct Carlsbad CA 92009 Frances B Russell PO Box 11322 Carlrbad CA 92111 Raymond J Shaver 6777 Heath Ct Carlsbad CA 92009 Doris S Clarke 6771 Heath Ct Carlsbad CA 92009 William G & Roslyn Katz 6765 Heath Ct Carlsbad CA 92009 Charles S & Connie Axen 31701 Grand Canyon Dr Laguna NigUQl CA 92677 Eugene P & Gail Richter 1924 Alaqua Dr Longwood Fl 32779 DQnniS A Caresio 3202 Hacienda St DuartQ CA 91010 Rent M & Lisa Houston 6828 Watercourse Dr 'arlsbad CA 92009 Richard E Ouderkirk 6747 Montia Ct Carlsbad CA 920~ _ James S Brasher 6753 Montia Ct Carlsbad CA 92009 Truman B & Joan Clark 6759 Montia Ct Carlsbad CA 92009 Ralph k Johanna RiVQra 2851 Copa DQ Oro Dr Los Alamitos CA 90720 Denis Davis 81 AVQ 49 #162b 620 Indio CA 92201 Survivors Trares 6769 Heath Ct Carlsbad CA James D Riggins 6763 Heath Ct Carlsbad CA Thomas F Ford 6757 Heath Ct Carlsbad CA 92009 92009 92009 Darrell E Holt 13 Lake Helix Dr La Mesa CA Robert B Nelson 6755 Montia Ct Carlsbad CA 91941 92009 Walter D MC Cormick 6785 Heath Ct. Carlsbad CA 92009 Josef & Zilpa Lackritz 7031 Snapdragon Dr Carlsbad CA 92089 Rudolf J Domenie PO Box 3280 Laguna Hills CA 92654 Guidotti Family Trust 0 6767 Heath Ct Carlsbad CA 92009 Jack E & Judith Causey 9458 E Workman Ave TQmplQ City CA 91780 Clem Family Living Trus 108 E South AVQ Redlands CA 92373 Lester W Benson JQSSQ E & Joan Anderson ,675l Heath Ct 6749 Heath Ct Carlsbad CA 92009 Carlsbad CA 92009 Warren T & Anne Larson John M WRita MC Crath 6836 Watercourse Dr 769 Masters Dr Carlsbad CA 92009 Oceanside CA 92057 Norman D Dorion Julio & Dora Ponce 6824 Watercourse Dr 2639 Ivan Hill Ter Carlsbad CA 92009 Los Angeles CA 90039 $ -Ronald. J Cormier Harold T Mackler Donn W & N Hopkins 681.6 Wat.ercourse Dr 6812 Watercourse Dr 6808 Watercourse Dr Carlsbad CA 9200% Carlsbad CA 92007 Carlsbad CA 92009 a Wesley D & Ada Lien Robert A Reimer Kelly E & Diane Oregg 6804 Watercourse Dr 6800 Watercourse Dr 6801 Watercourse Dr Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Vyto G Olympia Mittskus Harold & Ruby Humphries Harbor Pointe Homeowner 6805 Watercourse Dr 6817 Watercourse Dr 7720 El Camino Real 2a Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Eldon L & Cynthia Fry Eric C t Dawn Larsen Virginia B Rethy 6841 Alderwood Dr 6839 Alderwood Dr 6837 Alderwood Dr Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 James C & Carol Booth Judie Fidler Dorothy M Peterson PO Box 3512 420 N Acacia SVQ 6831 Alderwood Dr Orange CA 92665 Solana Beach CA 92075 Carlsbad CA 92009 Robert F MC Natt Audrey L Dontielly Patricia A L Abbe 6827 Alderwood Dr 985 Escondido Ave 110 6823 Alderwood Dr Carlsbad CA 92009 Vista CA 92083 Carlsbad CA 92009' Julie Ritter Carol A Schneider Elton 0 & Nellie Watson 6821 Alderwood Dr 6819 Alderwood Dr 6817 Alderwood Dr Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Cathryn H Troup Cynthia B Prentis Charles N Soper 6813 Alderwood Dr 6811 Alderwood Dr NQrra Carlsbad CA 92009 Carlsbad CA 92009 Poe 817 Box 28+fp 09622 Rene J & Harlan Camou Eugene F Broton Claire B Fitzpatrick 6807 Alderwood Dr 6805 Alderwood Dr 1732 Catalpa Rd Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009 Las Playas Homeowners A Las Pliyar Homeowners A Las Playas HOmQOWnQrs A PO Box 1186 PO Box 1186 PO Box 1186 Carlsbad CA 92018 Carlrbad CA 92018 Carlsbrd CA 92018 r/ L Las Playas Iiomeownerr A Unknown, Jacalyn P Wood PO Box 1186 PO Box 225 905 Hawthorne AVQ "arlsbad CA 92018 Ranch0 Santa FQ C 92067 Carlsb.ad CA 92009 ,Michael F Cannon 907 Hawthorne Ave t.ar.i shad’ iL4 9200% . Valerie Jude 913 Hawthorne Ave Carlsbad CA 92009 James 3 & Berry Urick 770 Washington Rd Pittsburgh Pa 15228 Rodney L & Diana Heynen 929 Hawthorne Ave Carlsbad CA 92009 Las Playas Homeowners A PO Box 1186 Crrlsbad CA 92018 +** 343 Printed *++ Timothy M Hutter Tony Powell 909 Hawthorne Avc 913 Hawthorne Ave Carlsbad CA 9200,. Carlsbad CA 92009 Marta River’s Joseph C Caroncino 917 Hawthorne Ave 919 Hawthorne Ave Carlsbad CA 92009 Carlsbad CA 92009 Sharon L Bokemper Mark & Joann Hayden 119 Armsley Sq 927 Hawthorne Ave Ontario CA 91762 Carlsbad CA 92009 Jacquelyn R Alkhas Las Playas Homeowners A 4747 Bryce Cir PO Box 1186 Carlsbad CA 92008 Carlsbad CA 92018 ' Camille J Cave _. -6835 Pear Tree Dr Cbrlsbad CA 92009 ’ * F Helen E Sebestyen 6829 Pear Tree Dr _ Carlsbad CA 92009 Thomas E Schulz 6823 Pear Tree Dr Carlsbad CA 92009 Luis & Joyce Reyes 910 Hawthorne Ave Carlsbad CA Melba T Stater 2173 Bolero Ln Vista CA Melanie P Mah 905 Hickory Ct Carlsbad CA Norbert Disanto 911 Hickory Ct Carlsbad CA Rosaura Sanchez 6832 Alderwood Dr Carlsbad CA 92009 92084 92009 92009 92009 David B & Donna Touros 18800 Still Lake Dr Jupiter Fl 33458 Doris M Williams 6830 Pear Tree Dr Carlsbad CA 92009 Peter 3 Van Egmond .- 6833 Pear Tree Dr Carlsbad CA 92009 St even J Molina 6827 Pear Tree Dr Carlsbad CA 92009 Charlotte L Hunter 6821 Pear Tree Dr Carlsbad CA 92,009 William S L Nancy Jones 3007 Arahar St Carlsbad CA 92009 Robert T Strawbridge 902 Hawthorne Ave Carlsbad CA 92009 Michael Arnstein 907 Hickory Ct Carlsbad CA 92009 Norma E Ornelas 913 Hickory Ct Carlsbad CA 92009 Las Playas Homeowners A 7290 Clairemont Mesa Bl San Diego CA 92111 John D Martens 926 Hawthorne Avo Carlsbad CA 92009 David A & Julia Romaine 6831 Pear Tree Dr Carlsbad CA 92009 Marilyn V Eischen 6825 Pear Tree Dr Carlsbad CA 92009 Alice C Ouderkirk 912 Hawthorne Ave Carlsbad CA 92009 Leonard W Iredale 906 Hawthorne Ave Carlsbad CA 92009 George 3 Eckels 903 Hickory Ct Carlsbad CA 92009 Philip H Cohen 909 Hickory Ct Carlsbad CA 92009 James N Holt 6830 Alderwood Dr Carlsbad CA 92009 Peter F & Mary Taylor 930 Hawthorne Aver Carlsbad CA 92009 Stina Fobian 924 Hawthorne Avt Carl,sbad CA 92009 +*+ 28 Printed ++* a . . c I c ./* AHARONABADA 6121 ROMANYDR SANDIEGO CA 92120 SANDIEGOCOUNTY DEPTOF PLANNING 5201 RUFFIN RD,STE "B" SANDIEGO CA 92123 CtTYCLERK FACILITYLABELS COSTADOSOL CI92/01/PUD 92-Ol/ SDP9344/HDP92-10 CARLSBADUNIF SCHOOLDIST CMWD 801PINEAVENUE 5950 ELCAMINOREAL CARLSBAD CA 92008 CARLSBAD CA 92009 ENGINEERING UTILITIES & MAINT. c F .._ ‘-A.. -... -1.. ‘\ k-N;. -4 . ;A ” .,(