HomeMy WebLinkAbout1994-02-01; City Council; 12574; Calavera Hills Master Plan Village U.
‘i”TY OF CARLSBAD - AGWDA BILL
CALAVERA HILLS MASTER PLAN
- VILLAGE “U”
CT 90-25/PUD 90-25/HDP 90-31
I- RECOMMENDED ACTION:
If the City Council concurs, the Planning Commission and staff are recommending that
the City Council direct the City Attorney to prepare documents APPROVING CT 90-
25/PUD 90-25/HDP 90-31 I ITEM EXPLANATION
On December 15, 1993, the Planning Commission conducted a public hearing and
recommended approval (6-1, Erwin) of the Calavera Hills Village “U” multi-family project,
which is generally located east of future College Boulevard, south of approved Village
“T” and north of approved Village “w” within the Calavera Hills Master Plan in Local
Facilities Management Zone 7. The project consists of 138 multi-family dwelling units
to be developed within 27 buildings (two 8 plex’s, eleven 6 plex’s and fourteen 4 plex’s).
The project site is 59.3 gross acres with 42.6 net developable acres. 37 acres of the
project site will remain as natural open space. Village “U” has a residential General Plan
designation of RLM (Residential Low-Medium density) and along with the Calavera Hills
Master Plan allows up to 138 dwelling units on-site. The project area for Village YJ” has
topographical, biological and other constraints which prevents typical single family
residential development with standard 2 car garages. The master plan, therefore,
placed a multi-family designation on Village “U” and required the use of the Planned
Development Ordinance to provide private streets and clustering of units in order to
achieve the allowed 138 units while promoting sensitive hillside development and
grading.
In recommending approval, the Planning Commission debated two aspects of the
project. The first issue involves the guest parking requirement and the ability to count
on-street spaces for guest parking. City code allows a private street per the Planned
Development Ordinance to accommodate guest parking spaces (parking on one side
on a 32 foot wide private street and parking on both sides on a 36 foot wide private
street). This project requires 44 guest parking spaces of which 39 are provided in off-
street open bays. The balance of the requirement (5 spaces) is satisfied by private
street guest parking which yields another 68 spaces for a project total of 107 guest
spaces.
The second issue deals with the fact that this project does not propose a 2 car garage
with each unit. The Planned Development Ordinance requires two covered spaces per
unit (covered means a carport or garage space). This yields a requirement of 276
covered spaces of which 218 are provided as garage spaces. The remaining 58 spaces
are provided as carport spaces. While the Village “U” proposal complies with all
applicable regulations, the issue of providing two car garages within multi-family projects
was discussed.
No other significant issues were identified with the project and all required development
standards and design criteria have been met. The attached staff report dated
December 15, 1993 gives specific details regarding the Tentative Tract Map, Planned
Unit Development Permit and Hillside Development Permit.
J PAGE 2 OF AGENDA BILL NO. . ‘a, 5?q
AFFORDABLE HOUSING
All residential development within the Calavera Hills Master Plan is required to provide
a minimum of 15% of the housing units to be affordable to persons and families of lower
income. The applicant is proposing to provide the affordable housing units required for
the remainder of the master plan (including Village “U”‘s requirement) within Village “K”
located along Carlsbad Village Drive. Village “U” is conditioned such that the Site
Development Plan and Affordable Housing Agreement for Village “K” shall be approved
before the approval of the final map for Village “U”.
ENVIRONMENTAL REVIEW
On October 26,1993, the City Council certified Environmental Impact Report (EIR) 90-05
which provided environmental review for the development of the balance of the Calavera
Hills Master Plan. This project complies with all applicable mitigation measures outlined
by Final EIR 90-05 for the development of Village “U”. As proposed, the project will not
create any significant adverse environmental impacts.
FISCAL IMPACT
As discussed in the Local Facilities Management Plan for Zone 7, all required
improvements are to be funded by applicant initiated development, therefore no fiscal
impacts to the City will result from this 138 unit multi-family Tentative Tract Map, Planned
Development Permit and Hillside Development Permit.
GROWTH MANAGEMENT STATUS
Facilities Zone ~ -r ~ ~ 7
Facility/Service Deficiency None
Growth Control Point ~ I- 3.2
Net Density I 3.2
Special Facility Fee Yes*
* The project is subject to the Community Facilities District No. 1 (Citywide Mello
Roos) fee assessed on all undeveloped property. The proposed project is at the
growth management control point of 3.2 du’s/acre.
1. Location Map
2. Planning Commission Resolution No’s. 3587, 3588 and 3589
3. Planning Commission Staff Report, dated December 15, 1993
4. Excerpts of Planning Commission Minutes, dated December 15, 1993
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SITE
vclMlTY MAP
CALAVERA HEIGHTS VILLAGE “U” CT 90i,5/;~D3;O-25/
I- EXHIBIT 2
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PLANNING COMMISSION RESOLUTION NO. 3587
A RESOLUTtON OF THE PLANNtNG COMMtSStON OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO SUBDMDE
AND DEVELOP 138 MULTI-FAMILY UNITS ON PROPERTY
GENERALLY LOCATED IN THE NORTHEAST QUADRANT OF
THE CITY, EAST OF THE FUTURE ALIGNMENT OF
COLLEGE BOULEVARD, SOUTH OF APPROVED VILLAGE “T”
AND NORTH OF APPROVED VILLAGE “W” WITHIN THE
CALAVERA HILLS MASTER PLAN IN LOCAL FACILITIES
MANAGEMENT PLAN ZONE 7.
CASE NAME: CALAVERA HEIGHTS VILLAGE “U”
CASE NO: CT 90-25
WHEREAS, a verified application for certain property to wit:
A portion of Lot D of The Ranch0 Agua Hedionda in the City
of Carlsbad, County of San Diego, State of California,
according to the Map thereof No. 823 on file at the Office of
the County Recorder of San Diego County.
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
II
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itle 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of December,
1993 hold a duly noticed public hearing as prescribed by law to consider said request;
nd
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to the Tentative 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 90-25, based on the following findings and
subject to the following conditions:
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hliIlEcs:
1. The project is consistent with the City’s General Plan and the Calavera Hills Master
Plan since the overall proposed density of 3.2 d&au-e is within the RLM density
range of 04 dus/acre specified for the site as indicated on the Land Use Element
of the General Plan and within the Calavera Hills Master Plan, and is at or below
the growth control point of 3.2 dus/acre.
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 tmpact Report 90-05 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 7.
6. School fees will be paid or a school agreement will be finalized, to ensure the
availability of school facilities in the Carlsbad Unified School District.
7. To ensure the availability of school facilities in the Carlsbad Unified School District
the applicant will submit evidence to the City that impacts to school facilities will
be mitigated in conformance with the City’s Growth Management Plan to the
extent permitted by applicable state law for legislative acts.
8. All necessary public improvements have been provided or will be required as
conditions of approval.
9. 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.
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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 proposed project is compatible with the surrounding future land use since
surrounding properties are designated for residential development on the general
plan.
The Tentative Tract Map satisfies all requirements of Title 20 and 21 of the
Carlsbad Municipal Code and the State Subdivision Map Act.
The Tentative Tract Map is consistent with Final EIR 90-05, and recixnmended
mitigation measures, .as outlined in the Mitigation Monitoring and Reporting
Program attached to Planning Commission Resolution No. 3515, approving Final
EIR 90-05, as Exhibit “A” dated June 16, 1993, designed to reduce signifkant
environmental impacts have been included in the project’s design and/or
conditions of approval.
General Planning Conditions:
1.
2.
3.
4.
5.
Recommendation of approval is granted for CT 90-26, as shown on Exhibits “A” -
I’LL”, dated December 15, 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 7 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 June 16, 1990, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will
not be consistent with the General Plan and approval for this project will be void.
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 66020. If any such condition is determined to be
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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.
Approval of CT 90-25 is granted subject to approval of PUD 90-25, and HDP 90-
32.
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 resolution/resolutions on a 24” x 36”
blueline drawing.
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 EUM. The Growth Control Point for this
designation is 3.2 dwelling units per nonconstrained acre.
All parcels that do not have an Open Space General Plan designation 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.”
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 project shall provide bus stop facilities at locations subject to the satisfaction
of the North County Transit District. Said facilities shall at a minimum include a
bench, free from advertising, and a pole for the bus stop sign. The bench and pole
shall be designed in a manner so as to not detract from the basic architectural
theme of the project and said design shall be subject to the approval of the
Planning Director and North County Transit District.
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19.
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.
The CC&R’s shall include provisions specifying that there shall be Homeowner’s
Association maintenance responsibility for all natural open space lots and
easements, and slope maintenance easements, as shown on the approved tentative
tract map and landscape plan (CT 90-25), which is on file in the Planning
Department.
Prior to (or concurrent with) approval of the final map, the applicant shall
grant Lots 8,15,25,29,33,40,45,46 in fee, to the Homeowners’ Association as
permanent open space. This stipulation shall be included in the CC&R’s
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. All or a portion of said fees
may be waived subject to the approval of the Carlsbad Unified School District.
Prior to the approval of any Emil map or the issuance of any permits within the
Calavera Hills Master Plan, the applicant for the final map or permit shall 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-Roes 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 shall disclose to future owners in the project,
to the maximum extent possible, the existence of the tax and that the school
district is the taxing agency responsible for the financing district. At a minimum,
the project CC&R’s shall require maximum disclosure and signed statements for
disclosures upon transfer of residential property.
Prior to the issuance of any certificates of occupancy, there shall be a Notice of
Restriction recorded against 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 Tentative Map, Planned Development Permit, and
Hillside Development Permit by Resolution No.‘s 3587,3588, and 3589 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 conditioners, shall be architecturally
integrated and concealed from view and sound buffered from adjacent properties
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and streets, in substance as provided in Building Department Policy No. 80-6 and
to the satisfaction of the Directors of Planning and Building.
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.
The applicant shall submit a wall and fencing plan subject to Planning Director
approval prior to issuance of building permits. All sound attenuation walls shall
provide offsets to provide for landscape screening consistent with the Calavera
Hills Master Plan.
An irrevocable offer of dedication to the City of G&bad, 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) 7, 8, and 33, as shown on the
tentative map, shall be made on the final map, for trails that are part of the
Carlsbad Trail System, see Exhibits “B” and “E”, dated December 15, 1993.
If prior to recordation of final map, the City of Carlsbad adopts the financing
mechanisms necessary to implement the Carlsbad Trail System and accept the
above required dedication, the trails shown on the tentative map shall be
constructed prior to occupancy of the first unit within Village “U” by the developer
pursuant to the guidelines of the Open Space and Conservation Resource
Management Plan. 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 unimproved
open space easements shall be annexed to and maintained by the Master
Homeowner Association as stated in the CC&R’s, until such time that the
n-revocable offer of dedication is accepted.
The City may require a note specifying the possibility of a future trail on areas
covered by a public trails easement to be placed on an additional map sheet on the
final map. Improvements listed above shall be constructed per the terms of the
subdivision improvement agreement.
mordable Housing Conditions:
!3. Prior to final map approval, an Affordable Housing Agreement shall be required
to be submitted by the applicant to the City, approved by the Community
Development Director, or his designee, 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 for the term of the Agreement. The
Affordable Housing Agreement, for which the inclusionary housing requirement
will be satisfied through new construction of inclusionary units, either onsite,
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offsite, or through a combined inclusionary housing project, shall establish, but not
be limited to, the following:
(4 (b)
(cl Cd) Cd 03 (d
(9 Standards modifications granted by the City.
The number of inclusionary dwelling units proposed;
The unit size(s) (square footage) of the inclusionary units and the number
of bedrooms per inclusionary dwelling units;
The proposed location of the inclusionary units;
Tenure of affordability for inclusionaty units (effective life of the units);
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, Wing vacancies, and operating
and maintaining units for affordable inclusionary dwelling units;
Where applicable, term and conditions goveming the initial sale of for-sale
inclusionary units; and
%zn Conditions:
Prior to final map approval, a Site Development Permit that satisfies the affordable
housing requirements for this project shall be approved.
25. 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.
26. 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.
andscam Conditions:
27.
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29.
30.
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. The landscape plan shall
provide planting in the project’s crib wall located in the northeastern portion of the
development as shown on Exhibit “LL”, to the satisfaction of the Planning Director.
All landscaping shall comply with the Landscape Requirements of the Calavera
Hills Master Plan.
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.
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31. All landscape plans shall be prepared to conform with the City’s Landscape Manual
and submitted per the landscape plan check procedures on file in the Planning
Department.
32. 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.
33.
34.
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.
35. 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.
36. The minimum shrub size shall be 5 gallons. One (1) gallon shrub sizes may be
used if it is deemed to be more beneficial for the long term survivability of the
plants as determined by the Planning Director.
37. 20% of the trees in the project shall be 24” box or greater.
Environmental Mitination Conditions:
38. Prior to occupancy of individual units, the applicant shall construct noise
attenuation walls consistent with the noise study prepared by Mestre Greve
Associates dated August 25, 1993 and as shown on Exhibits “I” - “KY, dated
December 15, 1993 on file in the Planning Department. The applicant shall
provide these noise mitigation measures to comply with Planning Department
Policy No. 17 and final EIR 90-05.
39. Prior to issuance of building permits: (1) interior noise levels shall be mitigated
to 45 dBA CNEL when openings to,the exterior of the residence are closed; (2) if
openings are provided, mechanical ventilation shall be provided, and; (3) all
useable exterior space above the first floor shall be mitigated to a maximum of 60
dBA CNEL.
40. Prior to the issuance of building permits the owner of record of the property shall
prepare and record a notice that this property is subject to noise impacts from the
future College Boulevard transportation corridor and overflight, sight, and sound
of aircraft operating from Palomar Airport. The notice shall be prepared in a
manner meeting the approval of the Planning Director and the City Attorney. The
applicant shall post aircraft noise notification signs in all rental offices associated
with the new development. The number and location of said signs shall be
approved by the Planning Director.
41. 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
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completed shall be seeded to reduce visual impacts. If grading is phased, the six
month time period shaLl start at the completion of each individual grading phase.
hwi.neerinfz Conditions:
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6.
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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 10 (ten) Units for the purposes of
recording.
Prior to approval of each recording unit, all facilities needed to serve the Unit shall
be guaranteed for construction with that Unit. These facilities shall include but
not be limited to:
a.
b.
All circulation to se&k the Unit and to meet the cul-de-sac standard.
All drainage facilities to serve the Unit to the satisfaction of the City
Engineer.
C. All sewer and water facilities to the satisfaction of the District Engineer of
CMWD, and tie mains and fire hydrants to the satisfaction of the Fire
MaAlal.
If the applicant chooses to construct out of phase, the new phasing must be
reviewed and approved by the City Engineer and Planning Director.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of the City Council approval unless a final map is recorded in compliance with
Section 66452.6 of the Subdivision Map Act. 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.
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0. The applicant shall pay the current local drainage area fee prior to approval of the
final map for this project or shall construct drainage systems in conformance with
Master Drainage Plan and City of Carlsbad Standards as required by the City
Engineer.
1. Prior to final map approval the applicant shall pay all current fees and deposits
required.
2. Prior to approval of 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.
3. 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.
4. 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.
5. The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer
shall be made by a certificate on the final map for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and
without cost to the City. Streets that are already public are not required to be
rededicated.
6.
C RESO NO. 3587 -lO-
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
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
7. Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the first
fmal map and 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. Along the subdivision frontage College &rulevard shall have half street
public improvements plus 14 feet of paving including full median and all
necessary drainage and utilities, based on a major arterial street with a total
right-of-way width of 102 feet.
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AU required sewer mains and tnmldines to the satisfaction of the District
Engineer of the Carlsbad Municipal Water District.
Interim improvements to Carlsbad Viage Drive adjacent to Viage “H” as
outlined in the Calavera Hills Master Plan and as shown on the tentative
map for Village “H”, CT 90-19.
Sedimentation and drainage channel improvements adjacent to the
proposed Cannon Road in conformance with the requirements of the Zone
7 LFMP.
A full traffic actuated signal at Carlsbad Village Drive and College
Boulevard, as per Drawing 303-2, m 83-32, Village “Q”.
Full improvements of Carlsbad Village Drive from Glasgow Drive to College
Boulevard as per Drawing 303-2, CT 83-32, Village “Q”.
A note to this effect shall be placed on an additional map sheet on the final map
per the provisions of Section 66434.2 of the Subdivision Map Act. Improvements
listed above shall be constructed witbin 18 months of the secured improvement
agreement or such other time as provided in said agreement.
The developer shall dedicate an easement for traffic signal poles, equipment and
sensor loops within Street “A” (private) to the satisfaction of the City Engineer on
the Final Map.
The final map shall show that all private streets are maintained by the
homeowners association including curb, gutter, sidewalk, paving, street lights and
drainage facilities.
The final map shall show that all water lines and sewer lines are public and
maintained by the Carlsbad Municipal Water District.
The private streets shall be dedicated on the final map as a general utility and
access easement.
An all weather access road to the desiltation basin shown offsite on the Village
“WXY’ site shall be provided to the satisfaction of the City Engineer.
The median in College Boulevard at the southerly project access and the exit from
this access shall be modified to prevent left turns from the project into College
Boulevard going south, to the satisfaction of the City Engineer.
Tire Conditions:
54. Additional onsite public water and fire hydrants are required.
‘C RESO NO. 3587 -ll-
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‘ater District Conditions:
1. 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.
? d. 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 will be collected at issuance of application for meter
installation.
3. Sequentially, the Developers Engineer shall do the following:
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 offsite fire hydrants within 200 feet of the
project.
An all-weather, unobstructed access road suitable for emergency service 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, fke hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
Native vegetation which presents a fire hazard to structures shall be modified or
removed in accordance with the specifications contained in the City of Carlsbad
Landscape Manual. Applicant shall submit a Fire Suppression plan to the Fire
Department for approval, prior to approval of the final landscape plan.
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.
Buildings having an aggregate floor area exceeding 10,000 square feet shall be
protected by an automatic sprinkler system if required by the Fire Marshal.
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
CRESO NO.3587 -12-
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potable, reclaimed and sewer systems prior to the preparation of
improvement plans.
This project is approved upon the express 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 the time of occupancy. This note shall be placed on
the final map.
The developer shall meet all conditions of the Zone 7 Local Facilities Management
Plan.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
:ommission of the City of Carlsbad, California, held on the 15th day of December, 1993,
by the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary and Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None.
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BAILEY N.QB@?, .,Chairp?&o~
CARLSBAD PLANNING COMMISSION
ITTEST:
4ICHAEL J. HdtZMIIkkR
‘LANNING DIRECTOR
‘C RESO NO. 3587 -13-
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PLANNING COMMISSION RESOLUTION NO. 3588
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED DEVELOPMENT PERMIT TO
DEVELOP 138 MULTI-FAMILY UNITS LOCATED IN THE
NORTHEAST QUADRANT OF THE CITY, EAST OF THE
FUTURE ALIGNMENT OF COLLEGE BOULEVARD, SOUTH OF
APPROVED VILLAGE “T” AND NORTH OF APPROVED
VILLAGE ‘W” WITHIN THE CALAVERA HILLS MASTER PLAN
IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 7.
CASE NAME: CALAVERA HEIGHTS VILLAGE “U”
CASE NO: PUD 90-25
WHEREAS, a verified application for certain property to wit:
A portion of Lot D of the Ranch0 Agua Hedionda in the City of
Carlsbad, County of San Diego, State of California, according
to the map thereof No. 823 on file at the office of the County
Recorder of San Diego County.
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 15th day of December,
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 90-25, based on the following findings and
subject to the following conditions:
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Findinns:
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2.
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7.
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9.
10.
The project is consistent with the City’s General Plan and the Calavera Hills Master
Plan since the proposed density of 3.2 du/acre is within the RLM density range of
0 - 4 du’s/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 3.2 du/acre.
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.
School fees will be paid to ensure the availability of school facilities in the Carlsbad
Union School District.
To ensure the availability of school facilities in the Carlsbad Unified School District
the applicant will submit evidence to the City that impacts to school facilities will
be mitigated in conformance with the City’s Growth Management Plan to the extent
permitted by applicable state law for legislative acts.
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 is consistent with Final EIR 90-&S, and the recommended mitigation
measures designed to reduce significant environmental impacts have been included
as part of the project’s design and/or conditions of approval.
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 7.
The g-ranting of this permit will not adversely affect, and will be consistent with,
Chapter 21.45 (Planned Development Ordinance), the Calavera Hills Master Plan,
and all adopted plans of the City and other govemmental agencies, because the
PC RESO NO. 3588 -2-
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11.
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The project will provide multi-family units with contemporary architectural
design that will comply with all applicable development standards.
b.
C.
PC RESO NO. 3588
Adequate recreational vehicle storage space would be provided in Village “I”
to serve this project. Village “1” was developed with RV storage to serve the
entire master plan area.
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project complies with Chapter 21.45, the Calavera Hills Master Plan, and the
General Plan and also because the Tentative Tract Map meets all the Planned
Development Ordinance standards. The multi-family residential land use would be
developed at an appropriate scale to achieve the allowed 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 Village “U” is designated for multi-family units in the master
plan. The development of this planning area with multi-family units will further
build out the master plan as approved and will be separated from adjacent existing
or approved single family villages by College Boulevard or open space areas.
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 not proposing any development in the northern
portion of the village adjacent to College Boulevard which has an Open Space
General Plan designation. In addition the project has been designed and/or
conditioned to implement the master plan’s EIR (EIR 90-05) ,as applicable.
Approximately 39 acres of the planning area’s 62 total acres will be placed into
open space lots and easements and those areas would remain in open space in
perpetuity. The northern area of Village “U” can accommodate a link of the
proposed Citywide public trail system along an existing water easement access road
that would extend east from the terminus of Carlsbad Village Drive toward Lake
Calavera. Drainage facilities would be provided concurrent with development of the
project to reduce erosion and flooding. All manufactured slopes will be landscaped
to prevent erosion and to visually screen the slopes. Traffic noise impacts would
occur to the residential units adjacent to the east side of College Boulevard,
therefore, a noise attenuation wall will be provided per the recommendations of the
project’s noise study.
The proposed planned development meets all of the minim= development
standards set forth in Section 21.45.090, the design criteria set. forth in Section
21.45080, and has been designed in accordance with the concepts contained in the
Design Guidelines Manual for the following reasons:
a. The project’s private street would have curb and gutter on both sides of the
street and a pedestrian sidewalk system. The street will have 32 feet of
paving which would exceed the 30 foot minimum private street width
standard. One section of the private street will be 36 feet wide in order to
provide more on-street guest parking spaces near the pool/recreation area.
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d. The multi-family units will meet all parking requirements for covered spaces,
resident spaces and guest spaces. Forty-four parking spaces would be
required with this project; 107 guest parking spaces will be provided both
on-street as well as parking bays dispersed throughout the project.
Conditions:
1. All conditions of approval of CT 90-25 as contained in Planning Commission
Resolution .No. 3587, are applicable to this approval and incorporated through this
reference.
2. Approval of PUD 90-25 is granted subject to approval of CT 90-25 and HDP 90-32.
PC RESO NO. 3588 -4-
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 use of narrower private street widths (32 and 36
feet) versus a wider, standard public street minim&s and reduces the amount of
g-ding and disturbance of the natural topography. The integrity and quality of the
open space areas adjacent to the developable portions of the Village “U” will be
preserved by the establishment of open space easements to transition between
development and natural open space. tn addition, manufactured slopes will be
contour graded to follow existing the hillside topography and will be landscaped for
erosion control and visual screening. The location and orientation of the proposed
buildings will comply with hillside development guidelines by maintaining adequate
building separation and setbacks from tops of slopes.
The project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project because the private street in the
project would have 32 or 36 feet of paving with curb, gutter and a pedestrian
sidewalk system. The private street internally connects the northern half of Village
U with the southern half of the village without requiring access onto College
Boulevard. This allows Village “U” to ultimately develop out as a distinct
neighborhood with all residents having access to all portions, amenities and
recreational areas of the village. Use of the private street minimizes grading and
development impacts to the natural topography and vegetation. The proposed street
system is adequate to handle the projected vehicular traffic and accommodates
emergency vehicle access. The Fire Department has reviewed and approved the
project subject to standard Fire conditions.
The project% design and density is compatible with surrounding development and
does not create a disharmonious or disruptive element to the neighborhood because
the project meets all applicable City standards and the proposed residential density
is consistent with the General Plan (3.2 d&acre). 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 7. Village “U” is buffered from adjacent existing
or proposed uses by either the College Boulevard roadway or open space areas.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of December, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary & Hall.
Commissioner Erwin.
None.
None.
CARLSBAD PmNINti COMMISSION
ATTEST:
MICHAEL J. H6cZMILkk
PLANNING DIRECTOR
PC RESO NO. 3588 -5-
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PLANNING COMMISSION RESOLUTION NO. 3589
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
DEVELOP 138 MULTI-FAMILY UNITS ON PROPERTY
GENERALLY LOCATED IN THE NORTHEAST QUADRANT OF
THE CITY, EAST OF FUTURE COLLEGE BOULEVARD, SOUTH
OF APPROVED VILLAGE “T” AND NORTH OF APPROVED
VILLAGE ‘W” WITHIN THE CALAVERA HILLS MASTER PLAN,
IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 7.
CASE NAME: CALAVERA HEIGHTS VILLAGE “U”
CASE NO: HDP 90-32
WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 15th day of December, 1993, consider said request on property
described as:
A portion of Lots D of the Ranch0 Agua Hedionda in the City
of Carlsbad, County of San Diego, State of California,
according to the map thereof No. 823 on file at the office of
the County Recorder of San Diego County.
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 HDP 90-32.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of HDP 90-32, based on the following findings and
subject to the following conditions:
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Findings:
1.
2.
3.
4.
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That hillside conditions and undevelopable areas of the project have been properly
identifiedconsistent~ththeCity'sHillsideDevelopmentOrdinance(Chapter21.9~
of the Municipal Code). The site’s hillside slope conditions and undevelopable areas
have been identified on Constraints Exhibits “0” and “P”, dated, December 15,1993.
In addition, Exhibits “Q” - “v’ provide a slope analysis and cross sections of the
proposed hillside development.
That the development proposal and all applicable development approvals and
permits are consistent with the purpose, intent, and requirements of Chapter 21.95
and that the project design substantklly conforms to the intent of the concepts
illustrated in the hillside development guidelines manual for the following reasons:
a. All manufactured cut and fill slopes are landform/contour graded and do not
exceed a height of 30 feet.
b. The project’s grading is consistent with the grading concept approved for the
buildout of this master plan. The project’s cut/fill grading volumes of 7,032
cubic yards per graded acre falls within the acceptable range of 0 - 7,999
cubic yds./acre.
C. Landscaping in conformance with the City’s Landscape Manual would be
provided on all manufactured slopes to assist in visually screening the slopes
and to reduce slope erosion.
d. The project meets all the requirements of the Hillside Development
Regulations and Guidelines with regards to hillside grading, architecture and
building locations.
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 and no development or grading
would occur in the areas containing 4-O%+ slopes. The project’s manufactured
slopes will be contour graded to maintain the integrity of the adjacent natural
hillside open space areas.
That the project’s overall site design and lot configuration minimizes disturbance of
hillside lands because the use of narrower private streets ris allowed by the Planned
Development Ordinance verses a wider public street minimizes and reduces the
amount of grading and disturbance of the natural topography and helps to preserve
the planning area’s nahd open space. The multi-family building pads and overall
grading concept allow for hillside development consistent with applicable
regulations that can accommodate the proposed density. The manufactured slopes
would be contour graded to follow the existing topography of the area and the
slopes will be landscaped for erosion control and visual screening.
PC RESO No. 3589 2
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5. 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.
6. 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.
7. 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 7.
8. School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified District.
9. 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.
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Conditions:
1.
2.
3.
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. . .
All conditions of approval for CT 90-25 as contained in Planning Commission
Resolution No. 3587 are applicable to this approval and incorporated through this
reference.
Approval for HDP 90-32, as shown on Exhibits “A” - “LL”, dated December 15, 1993
incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown on the approved exhibits.
Approval of HDP 90-32 is granted subject to approval of CT 90-25, and PUD 90-25.
PC RESO No. 3589 3
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of December, 1993,
by the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None.
A
. 4 -1: , _ “\ &&
BAILEY NOB&, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H&kMILLti
PLANNING DIRECTOR
PC RESO No. 3589
EXHIBIT 3 .-.
I APPLICA IIvN COMPLETE DATE:
DECEMBER 17. 1990
STAFF PLANNER: ER-IC N. MUNOZ
DATE:
STAFF REPORT 0 1
DECEMBER 15, 1993
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CT 90-25/PUD 90-25/HDP 90-32 - CALAVERA HEIGHTS VILLAGE “U” -
Request for approval of a Tentative Tract Map, Planned Development Permit,
and Hillside Development Permit to develop 138 multi-family residential
units on property generally located east of future College Boulevard, south
of approved Village “T” and north of approved Village “W” within the
Calavera Hills Master Plan in Local Facilities Management Plan Zone 7.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution Nos. 3587, 3588,
and 3589, recommending APPROVAL of CT 90-2.5, PUD 90-25, and HDP 90-32 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 M.ap, Planned Development
Permit, and Hillside Development Permit to subdivide land and develop 138 multi-family
residential units within Village “U”, of the Calavera Hills Master Plan. The project is
located east of future College Boulevard, a major arterial Circulation Element roadway,
south of the future easterly terminus of Carlsbad Village Drive at College Boulevard and
would take access from College Boulevard. This village has an “x” shape as shown on the
attached locaticn map with the developable portion being adjacent to College Boulevard
on the west and open space located in the eastern portion. The Village “U” planning area
totals 61.45 gross acres and is currently undeveloped. Village “U” has a General Plan Land
Use designation of Residential Low-Medium (RLM). In addition, the project is subject to
the requirements of the Calavera Hills Master Plan and Final Environmental Impact Report
90-05.
As shown on Exhibits “A” - “LL”, dated December 15, 1993, the prcposed prqject would
consist of 138 multi-family units. There will be a subdivision of land into 16 residential
lots, 17 open space lots and 13 lots for street and roadway improvements. Three building
types are proposed: fourteen 4-plex buildings, eleven 6-plex buildings and two 8 plex
buildings that feature units with floor plans that will range in area from 1,075 to 1,498
square feet. All development will be located along a 32 foot (minimum) wide private
CT 90-25/PUD 90-25,1iDP 90-32
CALAVERA HEIGHTS VILLAGE “U”
DECEMBER 151993
PAGE 2
street that loops through the project ,and will connect to future College Boulevard at two
locations.
The surrounding neighborhood is developed to the west with existing Villages “C” and “D”,
with approved Village “T” to the north and approved Village “W” to the south and open
space to the east.
In the eastern portion of Village “U” within designated open space area is the location of
a temporary sewer lift station. This lift station is required by the conditions of approval
for CT 83-19 - Village “T” and is consistent with the Zone 7 Local Facilities Management
Plan. The station will be removed when the City’s Sewer Master Plan is ultimately
executed and implemented and will serve Villages “Q”, “T”, “U”, “W”, “Xl’, ‘Y’, “R”, “L-2”
and a portion of “K” within the Calavera Hills Master Plan. The station’s location is shown
on this project’s tentative map, Exhibit “E” dated December 15, 1993.
III. ANALYSIS
The proposed project is subject to the following land use plans and ordinances:
A.
B.
C.
D.
E.
F.
Carlsbad General Plan: Land Use Element (Residential Low (RLM) Land Use
Designation), Open Space and Conservation Element, and Housing Element;
Calavera Hills Master Plan;
Carlsbad Municipal Code, Title 21:
1. Chapter 21.45, Planned Development;
2. Chapter 21.95, Hillside Development Regulations;
Carlsbad Municipal Code, Title 20, Subdivision Ordinance; and the California
Subdivision Map Act;
Growth Management (Local Facilities Management Plan Zone 7);
Carlsbad Municipal Code, Title 19, Environmental Protection Procedures; and the
California Environmental Quality Act (CEQA) .
--
CT 90-25/PUD 90-25/HDP 90-32
CALAVERA HEIGHTS VILLAGE “U”
DECEMBER 15, 1993
PAGE 3
A. GENERAL PLAN
LAND USE ELEMENT
The property has a Residential Low-Medium (RLM) General Plan land use designation. The
RLM designation allows a density of O-4 du/acre with a growth management control point
of 3.2 du/acre. The development of Village “U” is proposed for 138 units on 42.6 net acres
and yields a density of 3.2 du/acre. This is compatible with adjacent residential
designations of RLM and RL and is consistent with the land use designation of the General
Plan.
OPEN SPACE AND CONSERVATION ELEMENT
Village “U” contains General Plan open space within the northern and eastern portions of
its boundaries. All adopted General Plan open space within the planning area would be
preserved in either open space lots or by an open space maintenance easement over the
rear of the residential lots. The applicant would also dedicate a 20 foot wide trail
easement to accommodate Citywide Trail System Segment No. 10. Trail Segment No. 10
connects from the eastern terminus of Carlsbad Village Drive and proceeds east toward
Lake Calavera along an existing water easement access road. The project will preserve
approximately 35 acres of natural area as open space. 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 7,
therefore, the project is consistent with the Open Space and Conservation Element of the
General Plan.
HOUSING ELEMENT
All residential development within the Calavera Hills Master 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 Calavera Hills Master Plan, Village “U” would be required to
provide 15% of the dwelling units available and affordable to lower income households.
To ensure compliance with the recently adopted lnclusionary Housing Ordinance and the
Affordable Housing Plan of the Calavera Hills Master Plan the project would be conditioned
to comply with all the affordable housing mandates of the master plan and provide 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 Calavera Hills Master Plan and subsequent conformance with the City’s Housing Element.
. .
CT 90-25/PUD 90-25/r-IDP 90-32
CALAVERA HEIGHTS VILLAGE “U”
DECEMBER 15, 1993
PAGE 4
The applicant is proposing to provide the affordable housing for the remaining master plan,
including Village “U”‘s requirement, within Village “K” which is located along Carlsbad
Village Drive. Under a Site Development Plan an affordable seniors project is proposed in
a portion of Village “K”. Village “U” is conditioned such that the Site Development Plan and
Affordable Housing Agreement for Village “K” shall be approved before the approval of the
final map for Village “U”.
B. CALAVERA HILLS MASTER PLAN
The Calavera Hills Master Plan designates Village “U” for multi-family residential
development, therefore, the development of this land use would be consistent with the
plan. The project meets the goals and objectives of the master plan for the following
reasons:
1.
2.
3.
4.
5.
The grading and roadway design minimizes impacts to the natural topography. A
majority of the planning area is retained as open space.
The multi-family land use helps to achieve the multi-family/single family mix
approved with the Calavera Hills Master Plan at a density that is compatible with
the adjacent existing and approved development.
Open space and trail connections are maintained and link up with other open space
areas within the master plan.
The roadway and frontage improvements along College Boulevard would create a
circulation system that provides for the safety and needs of automobiles, cyclists,
and pedestrians.
The integrity of natural, steep open space areas adjacent to developable areas is
maintained by grading that is consistent with hillside regulations and clusters the
units onto buildable pad areas with minimum disturbance to the area’s topography.
In addition, the proposed landform grading of manufactured slopes will provide a
smooth transition to the natural slopes within the project area.
A noise study was prepared for the project as required by the master plan and Final EIR
90-05. Mitigation measures in the form of a five to six foot high noise attenuation wall
along the College Boulevard frontage would be provided to reduce traffic noise from the
roadway to an acceptable level consistent with City regulations. The locations of the sound
wall are shown on Exhibits “I”-“K”, dated December 15, 1993.
C. CARLSBAD MUNICIPAL CODE, TITLE 21:
1. PLANNED DEVELOPMENT ORDINANCE, CHAPTER 21.45:
__
-- 1
CT 90-25/PUD 90-25/HDP 90-32 _I CALAVERA HEIGHTS VILLAGE “U”
DECEMBER 15, 1993
PAGE 5
The Calavera Hills Master plan designates the Carlsbad Municipal Code, Title 21, Chapter
21.45, “Planned Development” as the implementation ordinance for Village “U”. The master
plan designates RDM (multi-family residential) as the permitted land use in Village “U”.
This allows typical clustered, stacked residential units. The master plan requires that a
Planned Development Permit be processed with the Tentative Tract Map for Village “U”.
Before the Planning Commission can approve the Planned Development Permit the
following findings must be made:
a. ‘The granting of this permit will not adversely affect and will be consistent with
Chapter 21.45, the Calavera Hills Master Plan and all adopted plans of the City and
other governmental agencies.”
The project is consistent with Chapter 21.45, the Calavera Hills Master Plan, and
the General Plan because the Tentative Tract Map meets all the Planned
Development standards, and the multi-family residential land use would be
developed at the appropriate lot size and residential density. See Section A under
“General Plan” for a more detailed discussion on compliance with the General Plan.
b. ‘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.”
Village “U” is designated for multi-family lots in the master plan. The development
of this planning area will help provide the mix of product types approved for
Calavera Hills. The development of this village will also provide public
improvements to allow the buildout of the master plan.
C. “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
ViCiTlity.”
A majority of the planning area will be placed into open space lots and easements
which will remain in open space in perpetuity. The northern and eastern portion
of Village “U” has been designated to accommodate segment #lO of the proposed
Citywide public trail system that would connect Carlsbad Village Drive with the
open space area around Lake Calavera. 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 provide visual
screening. Traffic noise impacts would occur to the units along College Boulevard,
therefore, a sound attenuation wall would be provided.
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
^.
.-
__
CT 90-25/PUD 90-45,. .P 90-32
CALAVERA HEIGHTS VILLAGE "U"
DECEMBER15,1993
PAGE 6
21.45.080, and has been designed in accordance with the concepts contained in the
Design Guidelines Manual.”
i. The local private street in the project would have curb and gutter on both
sides, and a pedestrian sidewalk on one side. There would be a minimum 32
feet of paving which would exceed the 30 foot minimum private street width
standard. One section of the private street will be 36 feet wide to
accommodate guest parking on both sides near the swimming pool recreation
area.
ii. The project would provide multi-family buildings and units with a grading
concept, site design and architecture that provides adequate slope top
setbacks, clustering of units and varied streetscapes consistent with Planned
Development Ordinance regulations and guidelines. The project also
complies with hillside regulations.
..a 111. Adequate recreational vehicle storage space would be provided in Village “I”
of the master plan to serve this project. Village “I” was developed with RV
storage to serve the entire master plan area.
iv. The multi-family units would have, at a minimum, a 20 x 20 foot, two car
garage or oversized single car garages which would meet the parking and
storage requirements of the ordinance. Guest parking would be provided
along one side of the street except where the street width increases to 36
feet where parking will be available on both sides.
vi. The project complies with the Planned Development Ordinance as follows:
II PRIVATE STREET I DRIVEWAY AND STREET
SETBACK
PARKING: RESIDENT:
GUEST:
RV STORAGE II STORAGE SPACE
REQUIRED
30 feet
20 feet (street)
5 feet (driveway)
276 spaces
44 spaces
20 sq. ft. per home
480 cubic feet
per home
PROPOSED
32 and 36 feet
20 feet (street)
5 feet (driveway)
276 spaces(combo of 1
and 2 garages and
carports)
Parking along the private
street and bays to yield
107 spaces
Village “I”
Satisfied by 2 car garage
or oversized 1 car garage.
CT 90-25/PUD 90-2&HDP 90-32
CALAVERA HEIGHTS VILLAGE “U”
DECEMBER 15, 1993
PAGE 7
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 use of a narrower private street versus a wider public street
minimizes and reduces the amount of grading and disturbance of the natural
topography. The manufactured slopes would be “landform” graded to follow the
topography of the existing area and the slopes would be landscaped for erosion
control and visual screening. The lots also would terrace slightly down the slope
from College Boulevard eastward.
f. ‘The project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project.”
The project’s circulation system meets all applicable standards and has been
designed to be both efficient and well integrated so as to not dominate the project’s
design. The private street will have two access points onto College Boulevard and
will internally serve Village “U”. Gated access and required turnarounds will be
provided at each entrance. Use of private streets minirnizes grading and
development impacts to the natural topography and vegetation. The proposed street
system is adequate to handle the vehicular traffic and accommodate emergency
vehicles. The ,Fire Department has reviewed and approved the site plan.
$5 ‘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 (3.2 dus/acre); the Calavera Hills Master Plan,
and the Zone 7 Local Facilities Management -Plan. The proposed product type will
not exceed 30 feet in height and the village will be developed at a density
compatible with adjacent existing or approved developments. 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 7.
2. HILLSIDE DEVELOPMENT REGULATIONS, CHAPTER 21.95:
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 21.95030 requires that the Planning Commission make the following
findings:
I
CT 90-25/PUD 90-25/HDP 90-32
CALAVERA HEIGHTS VILLAGE “U”
DECEMBER 15, 1993
PAGE 8
a. ‘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
Exhibits “Q” and “R”, dated December 15, 1993.
b. ‘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.”
i. All manufactured cut and fill slopes are landform/contour graded and do not
exceed a height of 30 feet.
ii. The project’s cut/fill grading volumes of 7,032 cubic yards per graded acre
falls within the “acceptable range” of 0 - 7,999 cubic yds./acre.
a.. 111. Landscaping in conformance with the City’s Landscape Manual would be
provided on all manufactured slopes to assist in visually screening the slopes
and to reduce slope erosion.
iv. The project meets all the requirements of the Hillside Development
Regulations and Guidelines.
C. “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 4O%+ slopes. These areas contain natural habitat
which would be preserved, to the extent allowed by the City’s Brush Management
Guidelines.
d. “That the project design and lot configuration minimizes disturbance of hillside
lands.”
The use of narrower private streets versus a wider public street minimizes and
reduces the amount of grading and disturbance of the natural topography. In
addition, clustered multi-family building pads will be created to minimize grading
impacts to the hillside conditions. The manufactured slopes will be
contour/landform graded to follow the existing canyon and hillside topography and
they will be landscaped for erosion control and visual screening,
_- I CT 90-25/PUD 90-25/tIDP 90-32
.- CALAVERA HEIGHTS VILLAGE “U”
DECEMBER 15, 1993
PAGE 9
D. SUBDMSION ORDINANCE - TITLE 20:
The proposed tentative map complies with the requirements of the City’s Subdivision
Ordinance, Title 20. The project is conditioned to provide adequate sewer service, erosion
control, desiltation and drainage.
The grading for this project is part of an approved phased comprehensive mass grading
operation for the remaining undeveloped villages of Phase III in the Calavera Hills Master
Plan. The grading permit for this project would not be approved until all required
discretionary permits are approved in other village planning areas that are included as a
part of the comprehensive grading plan.
E. GROWTH MANAGEMENT:
The proposed project is located within Local Facilities Management Plan Zone 7 in the
Northeast Quadrant. The impacts on public facilities created by this project and
compliance with the adopted performance standards are summarized as follows:
FACILITY
The project density is 3.2 dwelling units per acre which is at the Growth Management
Dwelling unit allowance of 3.2 du/acre for the property.
_. I CT 90-25/PUD 90-25/14DP 90-32
_- CALAVERA HEIGHTS VILLAGE “U”
DECEMBER 15, 1993
PAGE 10
F. ENVIRONMENTAL, REVIEW/TITLE 19 AND CEOA
The project site is located within the boundaries of the Calavera Hills Master Plan and the
direct, indirect, and cumulative environmental impacts from the future development of
Phase III of the plan, including Village “U”, have been evaluated and discussed in Final
Environmental Impact Report (EIR 90-05). The recommended and applicable mitigation
measures of EIR 90-05 are incorporated into the project’s site design and/or included as
conditions of approval.
Iv. SUMMARY AND RECOMMENDATION
The proposed project: (1) is consistent with the General Plan; (2) complies with the
Calavera Hills Master Plan; (3) meets the requirements of Titles 20 and 21; (4) is in
conformance with Growth Management; and (5) is in prior compliance with the mitigation
requirements of Final EIR 90-05, and will not significantly impact the environment,
therefore, staff recommends approval of CT 90-25/PUD 90-25/HDP 90-32.
ATTACHMENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
Planning Commission Resolution No. 3587
Planning Commission Resolution No. 3588
Planning Commission Resolution No. 3589
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Form
Reduced Exhibits
Exhibits “A” - I’LL”, dated December 15, 1993.
November 4, 1993
ENM:lh
. . I- BACKGROUND DATA SHEF”
_* CASE NO: CT 90-25/PUD 90-25/HDP 90-32
CASE NAME: Village “U”
APPLICANT: Lyon Communities
REQUEST AND LOCATION: 138 Multi-Familv units consistent with the Calavera Hills
Master Plan within Village “U”
LEGAL DESCFUPTION: A portion of Lot D of The Ranch0 Aaua Hedionda in the Citv of
Carlsbad, Countv of San Diego. State of California, according to the Map thereof No. 823
on file at the Office of the Countv Recorder of San Dieno Countv.
APN: Portions of 138-040-l 8/25
(Assessor’s Parcel Number)
Acres 61.45 Proposed No. of Lots/Units 138 Units
GENERAL PLAN AND ZONING
Land Use Designation RLM
Density Allowed 3.2 Density Proposed 3.2
Existing Zone PC Proposed zone PC
Surrounding Zoning and Land Use:
Zoning Land Use
Site PC Vacant, undeveloped
North PC Approved Village “T”
South PC Approved Village “W”
East L-C Open Space
West PC Existing residences Villages “C” & “D”
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 138
Public Facilities Fee Agreement, dated July 16, 1990
ENVIRONMENTAL IMPACT ASSESSMENT
- Negative Declaration, issued
x Certified Environmental Impact Report, dated October 26, 1993
Other,
ENM:lh
I- -
1 CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Village “U” - CT 90-25/PUD 90-25/HDP 90-32
LOCAL FACILITY MANAGEMENT ZONE: GENERAL PLAN: 7 RLM ZONING: PC
DEVELOPER’S NAME: Lyon Communities
ADDRESS: 4330 La Jolla Village Drive, Suite 130. San Dieno CA 92122
PHONE NO: (619) 546-1200 ASSESSOR’S PARCEL NO: Portions of 138-040-18/25
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 61.45 acres gross
ESTIMATED COMPLETION DATE:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 511
Library: Demand in Square Footage = 272
Wastewater Treatment Capacity (Calculate with J. Sewer) N/A
Park: Demand in Acreage = N/A
Drainage: Demand in CFS = N/A
Identify Drainage Basin = N/A
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs = 1104
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = 3
Open Space: Acreage Provided - 39
Schools: CUSD
(Demands to be determined by staff)
Sewer: Demand in EDUs - 138
Identify Sub Basin - N/A
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD - 30,360
The project is at the Growth Management Dwelling unit allowance.
.
OISCLOSUFE STATEMEw
APPUCANTS STATEMENT OF OlSCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPUCATIONS WHICH WU REQUIRE OISCR~CW.RY ACflON ON THE PART OF THE Cm COUNCIL OR ANY APPOINTED
goAR0. COMMISSION OR COMMillEE. 1
(Please Print)
The following information must be disclosed: ,,
1.
2.
3.
4.
List the namea and l ddrorser of all persons having a fk~rncial Intrrort In the application. CO-GENERAL PARTNER
NPV Q&,& Mutual Life Insurance Co,
c/o Coolev Real Estate Advisors, Inc. 399 Boylston Street Boston, Massachusetts 02116 Attention: General Counsel
* See additional sheets attached
!a!!!m!
Audubon Associates, Inc.
4490 Von Karman Newport Beach, California -v;TbbO
Attention: Richard E. Frankel
List the nrmw md rddnrsa8 of all par90119 having my ownwrhlp Interart In the property involved. LIMITED PARTNER CO-GENERAL PARTNER New England Mutual Life Insurance Co. Audubon Associates, Inc.
c/o Copley Real Estate Advisors, Inc. 4490 Von Karman 399 Boylston Street Newport Beach, California 92660
Boston, Massachusetts 02116 Attention: Richard E. Frankel
Attention: General Counsel
* See additional sheets attached
!f any person idontifled purwant to (1) or (2) rbovo ir 1 corporatiorr or prrtnorrhip, list tha names
addresses of all indlvldurla owning more UWI 10% of iho thuor In the corporation 01 owning any partner
interest in the partnership.
If any person identified pursuant to (1) or (2) rbovo is l ncm-proflt orgmirrtion or I trust, list thr names
addrorsos of any parson rwvlng u offlcor or dlroctor of the non-profit organlzation or as trusts or benefit of the trust. N/A
Oisclosur@ statd Page 2
5. Have you had mora than $250 worth of business bmsactod with any member of City staff, Bca
Commissions, CO~~i~O~S and Council within the past twelve months?
Yes - No 2 II Yes, PtOUe indicate person(s)
Person is defined as: ‘A- indlvldual, tirm, copartnership, joint venture, association, social club, fraternal organisation. &pofstbfl, @stltO, trus#. recfMv#, SyndkatO, thii snd 8riy other county. city and county, cny
municipality, distrkt or UhW polltkd subdivision, or any other group or combination acting ae a unil:
(NOTE: Attach additional pagoa as necessary.)
LYON COMMUNITIES, INC., GEORGE HAVIAR
Print of typo name ot ownor
Signature of applicant/data
Print or type name of applicant
1. Limited Partner New England Mutual Life Insureance Company c/o COpley Real Estate Advisors, Inc. 399 Boylston Street Boston, Massachusetts 02116 Attention: General Counsel
Co-General Partner Audubon Associates, Inc. 4490 Von Karman Newport Beach, California 92660 Attention: Richard E. Frankel
Manauina General Partner Lyon Communities Inc. 4490 Von Karman Newport Beach, California 92660 Attention: Richard E. Frankel,
2. Same as above
3. Lyon/Copley Carlsbad Associates, L.P. is the Applicant and Owner and is a Limited Partnership. The names listed above are those partners in the Limited Partnership.
William Lyon owns more than 10% of the shares of Lyon Communities Inc. and Audubon Associates, Inc.. Both of these entities are California Corporations.
General William Lyon c/o Lyon Communities Inc. 4490 Von Karman Newport Beach, California 92660
4. Does not apply.
5. No
.- i
-
Disclosure Statement Page 2
5. Have you had more that $250 worth of business transacted with any member of City staff, Commissions Committees and Council within the past twelve months:
No.
Lyon/Copley Carlsbad Associates, L.P. (Owner and Applicant)
By: Managing General Partner
I;
Vice President
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Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 P.M. Date of Meeting: December 15, 1993 Place of Meeting: CITY COUNCIL CHAMBERS
EXHIBIT 4
I&
CALL TO ORDER:
Chairman Noble called the Regular Meeting to order at 6:07 p.m.
PLEDGE OF ALLEGIANCE:
The pledge of allegiance was led by Chairman Noble.
ROLL CALL:
Present: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, Schlehuber, and
Welshons
Staff Present: Gary Wayne, Assistant Planning Director
Jeff Gibson, Associate Planner
Eric Munoz, Associate Planner
Bobbie Hoder, Senior Management Analyst
Karen Hirata, Deputy City Attorney
Bob Wojcik, Principal Civil Engineer
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA:
There were no comments from the audience.
APPROVAL OF MINUTES:
Commissioner Welshons requested a change to the minutes of December 1,1993 on page 17,
paragraph 2, to reflect that her motion was seconded and a vote had been taken.
ACTION: Motion by Commissioner Schlehuber, and duly seconded, to approve the Minutes of the
Regular Meeting of December 1, 1993, as amended.
VOTE: 7-O
AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, Schlehuber, and Welshons
NOES: None
ABSTAIN: None
PUBLIC HEARING:
1. CT 90-25/PUD 90-25/HDP 90-32 - CALAVERA HEIGHTS VILLAGE “U” - Request for
recommendation of approval of a Tentative Tract Map, Planned Development Permit, and Hillside
Development Permit to develop 138 multi-family residential units on property generally located east
of future College Boulevard, south of approved Village “T” and north of approved Village “w” within
the Calavera Hills Master Plan in Local Facilities Management Plan Zone 7.
Eric Munoz, Associate Planner, reviewed the background of the request and stated that the project is
located within the Calavera Hills Master Plan. The Planning Commission and City Council recently
approved a master plan amendment and environmental impact report for the development of the balance
of the master plan which is generally located in the northeast portion of the city, west of Lake Calavera and
south of the Oceanside-Carlsbad city boundary. Village “U” is located east of the future College Boulevard
alignment, north of approved Village “W” and south of approved Village “T”. Access will be taken from two
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. PLANNING COMMISSION December 15,1993 PAGE 2
points along College Boulevard. The applicant, Lyon Communities, has requested approval for a Tentative Tract Map, Planned Development Permit, and Hillside Development Permit. Village ‘If” has a gross
acreage of 59 acres, of which 37 acres will remain as natural open space. The general plan designation
for this village is RLM (Residential Low-Medium density) which is typically associated with single family
density. The general plan designation and master plan both allow up to 138 dwelling units in this planning
area. Due to hillside, biological, and other constraints, however, a single family product type with standard
two-car garages cannot be accommodated in this planning area. Therefore, the master plan’s
multi-family designation allows the use of narrower private streets, clustering of units, and more sensitive
hillside development, consistent with the master plan and PD ordinance to achieve those 138 dus. The
project features five floor plan types, ranging from 1,075 sf. to just under 1,500 sf., which will be
distributed within 4-plex, 6-plex, and 8-plex buildings. In total, the project will have two 8-plex buildings,
11 6-plex buildings, and 14 4-plex buildings. Maximum building height will be 30 ft., which is under the
35 ft. height limit allowed by the master plan’s multi-family designation.
Mr. Munoz reviewed the exhibits on the west wall which described the project’s site design and
architecture. He stated that the residential parking requirement for this project of 138 multi-family units is
two covered spaces per unit. The code allows this to be satisfied through carports or garages. This yields
a requirement of 276 covered spaces: 58 of these spaces will be in carports while the remaining 218 will
be enclosed garages. The guest parking requirement is 44 parking spaces. The project will provide 39
guest spaces in open bays distributed throughout the project. In addition, the private street system, which
varies between 32 and 36 ft. in width, provides another 68 potential guest parking spaces, for a project total
of 107 guest spaces.
As proposed, Village “U” complies with the Calavera Hills Master Plan. Specifically, the proposed grading
complies with the hillside development ordinance ind is consistent with the overall grading concept
approved with the Calavara Hills Master Plan Amendment and the EIR. The grading for Village “U” is one
component of this overall grading concept. Also, the RV storage requirements are met by Village “I” within
the Calavera Hills Master Plan, This project will generate a requirement of 2,760 s.f. of RV storage space.
Overall, the master plan requirement is approximately 1.7 acres and Village “I” provides approximately
2.5 acres of RV storage area. The Calavera Hills Master Plan designated Villages L-l, L-2, and K as the
master plan’s affordable housing villages. L-l has an approved project. Prior to final map approval for
Village “U,” an affordable housing unit and site development plan must be approved for the master plan’s
affordable housing requirements to be satisfied. The project is also consistent with the Calavera Hills EIR
and all applicable mitigation requirements; specifically, (1) there is no development within the general plan
designated open space, (2) a noise attenuation wall will be provided along the project’s frontage with
College Boulevard, consistent with the noise study done for this development. The maximum wall height
will be 6 ft. and then lowers to 5 ft. in the northern portion of the site, and (3) the project conforms to the
planned development and hillside development ordinances.
Mr. Munoz reviewed the wall maps and pointed out the significant aspects of the project for the benefit of
the Commissioners. He stated that the developable area of Village “U” is located adjacent to College
Boulevard. When the existing homes were approved and developed, the City Council required that the
western half of College Boulevard be graded and the adjacent manufactured slope be landscaped so as to
decrease the impact to existing residents when the remainder of College Boulevard is constructed. This
project would provide the eastern half of this alignments right-of-way as well as the proposed residential
development. One point of access to Village “U” is at the intersection of Carlsbad Village Drive and College
Boulevard. The other point of access is further south. There is a primary street system which goes
through the project, connecting the two access points. There are two active recreational areas: a
volleyball court in the central area and a pool facility in the southern part of the project. The project will
also feature contour grading of the manufactured slopes so that there will be more natural blending in with
the existing natural slopes.
MINUTES
PLANNING COMMISSION December 15, 1993 PAGE 3
Staff recommends that the Planning Commission recommend approval of this project, as presented, with
the changes set forth in staff memo dated December 15, 1993 which includes a new school facilities
condition and three other minor changes.
Commissioner Welshons inquired if the new school condition in the staff memo replaces Finding #6 on
page 2 of Resolution No. 3587. If not, she would like to know where this condition would be placed. Mr.
Munoz replied that the new condition would be in addition to the existing findings and conditions and
would probably be placed directly after them. The intent is to further clarify that school mitigation will be
required per the growth management plan and any applicable state laws. Calavera Hills does have an
agreement with the school district.
Commissioner Welshons inquired if Finding #6 of Resolution No. 3587 needs to be deleted. Karen Hirata,
Deputy City Attorney, replied that Finding #6 refers to school fees and needs to remain. She explained
that there are different laws which apply to discretionary approvals and legislative action, i.e. the passage
of the growth management ordinance, applies to everyone. The basic rule is that when a project comes
forward for discretionary approval, the only thing a city can do is charge the school fees and they can’t
require mitigation beyond that in a single specific discretionary action. Howewar, if they take a legislative
action, i.e. the growth management ordinance, which applies to everyone, they can deny a project based
on the fact that they have not provided the public facilities required in the growth management ordinance
which includes schools. In other words, the applicant will be required to pay the fees but, with the added
condition, would be required to also provide school mitigation to comply with growth management. That
mitigation could possibly include a credit for the fees paid.
Commissioner Welshons was concerned because the following finding (Finding #7) states that all
necessary public improvements have been provided or will be required as conditions of approval. Ms
Hirata stated that Finding #7 is merely a blanket statement while Finding #6 is the city’s way of
implementing what they have the right to require by law, i.e. school facilities.
Commissioner Welshons inquired what happens if the applicant doesn’t pay the fees. Ms. Hirata stated
that the school fees must be paid at the time the building permit is pulled. The problem the city is facing is
that the school district keeps coming forward with each discretionary approval saying that school fees are
inadequate. That brings up the need for something else and we don’t necessarily know what that
something else is. Therefore, we are now saying that the applicant must pay the school fees plus they
have to provide adequate school facilities.
Gary Wayne, Assistant Planning Director, stated that this Tentative Map under consideration is part of a
master plan. The master plan was the legislative action which took place. As part of the approval of that
master plan, the issue of school facilities was debated and it was determined that additional requirements
could be added beyond the school fees which are set forth in the Subdivision Map Act. Therefore, there is
a condition on the master plan which requires more than just the payment of school fees. That is why both
the finding and the condition are required because they refer back to the master plan.
Commissioner Schlehuber commented that if Village “K” doesn’t get built, no affordable housing would be
built. He inquired if there is something other than a promise which will ensure that the affordable housing
will be built. Mr. Munoz replied that this project requires an affordable housing agreement and site
development plan to be approved or Village “K” before Village “U” can even get a final map. He imagines
that the agreement will require construction of the affordable units before any other development takes
place in the master plan.
Commissioner Schlehuber inquired if parking credit would be given in the event that the streets were public
rather than private. Mr. Munoz replied that no parking credit is given for public streets. The PD ordinance
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PLANNING COMMISSION December 15, 1993 PAGE 4
allows it for private streets. In other words, they would be short on parking if the streets were public rather than private.
Commissioner Schlehuber inquired what is the purpose of the private streets, other than to get around the
parking requirement. Mr. Munoz replied that Calavera Hills, in general, and Village ‘If” in particular, are
highly constrarned topographically. It is a hillside project area. The intent of the master plan is to allow the
allowable density to be achieved with a multi-family designation and the use of private streets which would
be 32 to 36 ft. as opposed to 56 ft. In addition to minimizing the street width, it also minimizes the grading
to allow sensitive hillside development, consistent with the master plan and city regulations.
Commissioner Schlehuber inquired if the applicant is required to maintain the streets at their own expense.
Mr. Munoz replied that this is correct. The homeowner’s association will maintain the private streets as
with all private streets in any planned development.
Commissioner Schlehuber inquired what happens if the homeowner’s association runs out of money and
they don’t take care of this problem. Bob Wojcik, Principal Civil Engineer, replied that there have been
several petitions in the past requesting that the city take over private streets. The City Council has
consistently denied the requests, stating that the project was approved as a private development with
private streets and must be privately maintained.
Commissioner Schlehuber stated that since we provide fire and police, if the streets were in significant
disrepair, we wouldn’t have much choice in the matter. Mr. Wojcik replied that this would become a legal
issue which would have to be resolved.
Commissioner Savary requested staff to discuss Condition #16 which also refers to school fees. Mr.
Munoz replied that this condition follows up to Finding #6. The condition being added by the memo
requires additional mitigation if the fees are inadequate.
Commissioner Savary requested staff to discuss the meaning of a “temporary sewer lift station” referred to
in the resolutions. Mr. Wojcik replied that with the approval of Village “Q” and “T”, and consistent with the
Zone 7 LFMP, there was a temporary lift station approve to allow the drainage area to flow into the North
Agua Hedionda sewer line. The sewer basins would flow normally into. the South Agua Hedionda sewer
line. There is presently capacity in the north line but because of the great distance and related expense of
installing the South Agua Hedionda line, the city has agreed with other property owners in the area that, on
a first-come, first-serve basis, they can use that capacity in the north line on a temporary basis until the
South Agua Hedionda line is constructed.
Commissioner Savary inquired if staff can estimate a time frame. Mr. Wojcik replied that the time frame is
being worked out by the water district because they take care of the sewer facilities. They are presently
working on a plan to come up with financing for the South Agua Hedionda line. They don’t have a time-
table yet because the planning is still in the early stages. As far as buildings being covered with a sewer
condition, there is a condition included in the resolution which states that building permits will not be
issued unless the district engineer determines that there is adequate sewer service available. When the
developer has the subdivision graded out and is ready to pull building permits, he is taking the chance that
part of the sewer capacity in the north line is still there for him to pull sewer permits.
Commissioner Savary inquired if the applicant is aware of this. Mr. Wojcik replied that he is.
Commissioner Erwin inquired what other planned development projects had the Commission approved
which didn’t have two garages per unit. Gary Wayne, Assistant Planning Director, replied that he could
not think of any which have been approved in the recent past. The prior regulation didn’t address covered
parking. The amendment in 1986 added the covered parking but did not specify garages.
MINUTES
PLANNING COMMISSION December 15, 1993 PAGE 5
Commissioner Erwin feels if there is room for carports, there is room for detached garages. Mr. Munoz
replied that this is not necessarily true. The 4, 6, and 8-plexes have one or two car garages built into the structure. The carports and guest parking bays have been disbursed throughout the project. It may not be
aesthetically pleasing to close in the carports. He believes there were some projects built in Calavera Hills
previously within this master plan which had one car garages. Perhaps the applicant may want to speak to
this.
Chairman Noble stated that the carports are a little smaller than a garage. He used to live in a project
which had carports. If that carport had been closed in to create a garage, he would have had an extremely
difficult time maneuvering his car into it and then there wouldn’t have been room left over to get out of the
car.
Chairman Noble opened the public testimony and issued the invitation to speak.
Lex Williman, Hunsaker & Associates, 10179 Hunnekins, San Diego, addressed the Commission and
stated that he concurs with the staff report and requested the Commission recommend approval of the
project. He has no specific problems with the conditions but he does have some concern about the
seeding or hydroseeding of building pads. With regard to the questions posed by the Commission, he
stated that:
* This project would be a gated community and there are provisions in the CC&R’s and state law which
would allow special assessments to the association if the city has to come in to repair streets to enable
access for emergency vehicles.
. An agreement has been signed with the school district which completely mitigates Lyon’s school
requirement for all of the master plan.
. They understand about the temporary lift station and are aware of what would be required if sewer
capacity is not available at the time of construction.
. They proposed carports because they wanted to retain an open street scene as much as possible.
Garage requirements are 12 ft. wide, wall-to-wall, whereas a carport can be 10 ft. for a space. Not only
would a closed garage block the street scene, it is an additional cost and would take up more space.
The majority of the units do have two-car garages. He asked the Commission not to require two-car
garages throughout the project. They feel that at least one enclosed garage is adequate and they have
met the City’s requirements for covered parking.
He requested time for rebuttal after the public testimony.
Commissioner Savary commented that she has seen nothing in the staff package which describes the
project, i.e. exterior elevations, materials, roof design. Mr. Williman replied that the concept of the project
is to create the flavor of a European village. The exterior material would be stucco, with tile roofs. The
architecture design is French Provincial. There will be rock entrances and recessed windows. The roof
articulation brings the ends of the roofs downward.
Commissioner Schlehuber advised Mr. Williman that Condition #39 states seeding and not hydroseeding,
and that hydroseeding is significantly different than just seeding. Mr. Williman replied that he is sorry he
used the word hydroseeding. He would prefer not have seeding at all because it causes additional
expense.
Joan Warner, 2960 Lexington Circle, Carlsbad, addressed the Commission and stated that she lives in the
Cape development of Calavera Hills. There are approximately 230 townhomes in that development and
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PLANNING COMMISSION December 15, 1993 PAGE 6
she has lived there for ten years. She feels that this proposed project and subsequent development of
College Boulevard will result in lowered property values. The residents of the Cape are concerned about
the noise. If this project is approved, she believes that the developer should be required to pay for a wall
and foliage to cover a wall to help mitigate the noise problem. She has been led to believe that a noise
abatement study did not take place, even when her development was constructed ten years ago. She feels
that noise will be a major problem. She lives about one-half block from where College Boulevard will be
built.
Commissioner Savary inquired if she belongs to a homeowner’s association. Ms. Warner replied that she
does.
Commissioner Savary stated that in most cases, the homeowner’s association takes care of the noise
attenuation, walls, etc. Ms. Warner replied that since a noise abatement study was never done, they did
not realize how close College Boulevard would be to their project. As a result, the homeowner’s
association feels that this developer should be partially responsible for the cost of the wall.
Mr. Williman responded to Ms. Warner’s comments regarding a sound wall. He stated that the City
Council has conditioned Villages “w”, “X”, and “Y” previously to provide a noise study for the Cape side.
That was the extent of Lyon’s responsibility as far as the City Council was concerned.
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 Savary inquired if the lots in the Cape development were deed noticed that College
Boulevard would be constructed at a later date. Mr. Munoz replied that at the time the Cape project was
constructed, there was no standard condition to deed notice future property owners regarding noise
impacts from a transportation corridor. However, two things did take place. When the final map was
recorded, the alignment and dedication of the western half of College Boulevard was shown as a major
arterial. In addition, a noise study was done with the original project back in the early 80s. The study was
done to the old noise standard and what appears to be a wooden wall along the top of the slope adjacent to
these homes is actually a concrete wall which resembles a wooden wall. That wall was the noise mitigation
for the assessed noise impacts at that time. It is anticipated that a revised noise study to be done in the
near future will probably require additional heights to be placed on that wall in certain locations.
Commissioner Erwin commented that he was under the impression that when a road is built, the costs
normally include sound walls to mitigate the noise impacts. He doesn’t understand why it is shown as a
separate expense on this project. Mr. Wayne replied that sound walls are not always incorporated into
road construction; they are only done by policy. The City has no policy regarding sound walls. Of all of
the streets being built today, there is not one which has a sound wall incorporated into it. It is the policy of
the City not to retrofit these existing roads either.
Commissioner Hall inquired if Condition #39 will require grass on all the pads and roadways. Mr. Munoz
replied that some kind of ground cover would be required, consistent with similar conditions in other
projects. The idea is to not have the area sit vacant for an indefinite amount of time. Grass would be the minimum required.
Commissioner Hall inquired if, on a compacted roadway, something would have to be added to the
surface. Mr. Munoz replied that either topsoil would have to be brought in or the surface would have to be
disked in order for grass or other ground cover to grow.
Commissioner Hall inquired if hydroseeding would be cheaper in that case. Mr. Munoz replied that the
applicant would not be limited to hydroseeding.
MINUTES
. PLANNING COMMISSION December 15,1993 PAGE 7
Commissioner Hall inquired if the material would then have to be removed in order to complete the road.
Mr. Munoz replied that approximately 3-4 inches off the top would have to be removed.
Commissioner Hall inquired what happens to the material being removed--would it have to be taken to a
landfill. Bob Wojcik, Principal Civil Engineer, replied that the material would have to be hauled away to a
dump because it is not suitable for fill.
Commissioner Hall commented that it looks like we are trading off aesthetics for possible environmental
problems. Adding top soil to a compacted roadway and then having to remove six inches of soil and
vegetation and haul it away is a very costly process. There is also the visual impact of seeing the trucks
hauling the material away, diesel fumes, etc. Mr. Munoz replied that this condition was added in response
to an ongoing concern about developments being stopped mid-phase and having empty pads just sit
there. This may not be an ideal solution; perhaps the condition could be refined.
Commissioner Hall stated that he wouldn’t want to calculate what it would cost to remove six inches of soil
over a 40 ft. wide road, for the length of the road. This would also require a significant amount of trucking.
Mr. Munoz replied that the developer has to make a big commitment to complete a project once it is
started.
Gary Wayne, Assistant Planning Director, stated that this has to be considered a mitigation, not simply a
tradeoff, for going in and grading the entire site but not building on the entire site. There are several
impacts involved. One would be visual. The second one could be to mitigate erosion, especially on
anything that is sloping like roads which are graded but not built. Many areas in the City have graded
pads which have remained vacant for years. It became Council policy, when they adopted the Landscape
Manual, to require this seeding, which is why it is added as a standard condition.
Commissioner Savary inquired which costs more, to remove grass or to correct erosion which might occur.
Mr. Wojcik replied that most of the erosion would be on steep 2:l slopes. The erosion control plan usually
takes care of that. Steep roadways are also included in the erosion control plan and that is above and
beyond the seeding requirement. The seeding requirement as stated is to reduce visual impacts. That is
its main purpose. It is intended for graded building pads and roadways which have a slight sloping grade
which would not normally have severe erosion.
Commissioner Schlehuber inquired if the City Council policy for seeding is in writing. Mr. Wayne replied
that the City Council approved the Landscape Manual which included seeding.
Commissioner Schlehuber would like to see a copy of the landscape plan referred to by Mr. Wayne prior to
the next meeting in January. Mr. Wayne replied that he will see that he receives it.
Commissioner Betz commented that she understands the median at the exit of the project will stop people
from turning left onto College Boulevard going south. She would like to know if people traveling south on
College will be able to turn left into the project. Mr. Wojcik replied yes.
Commissioner Schlehuber commented that Commissioner Hall had made some very good points with
regard to the seeding issue. However, he will accept the staff recommendation until he looks into it further.
MINUTES
.* i-
. PLANNING COMMISSION December 15,1993 PAGE 8
ACTION: Motion was made by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolution Nos. 3587,3588, and 3589, recommending approval of
CT 90-25, PUD 90-25, and HDP 90-32 based on the findings and subject to the
conditions contained therein, including the changes set forth in staff memo dated
December 15, 1993.
VOTE: 6-l
AYES: Chairman Noble, Commissioners Betz, Hall, Savary, Schlehuber and Welshons
NOES: Commissioner Erwin
ABSTAIN: None
Commissioner Erwin stated for the record that he voted no because he thinks we are going in the wrong
direction by allowing a planned development without two-car garages for each unit. He believes the
ideology of using on-street parking as partial fulfillment in meeting the parking standard is regressive.
Commission recessed at 6:58 and reconvened at 7:03 p.m.
Request for recommendation of approval
e Tract Map, Planned Development Permit,
and Hillside Developm Permit to subdivide 129 single-family lots,
ture community facility sites, all on property generally located east of Paseo del las Ondas, and south of Palomar Airport Road, in the RD-M-Q Zone and
cal Facilities Management Plan Zone 20.
Jeff Gibson, Associate Planner, r the background of the request and stated that the applicant is
requesting approval to subdivide le family lots, construct 76 townhomes, 72 condominium units,
72 apartment units, and designate two community facility sites, all on property located east of Paseo
del Norte and north of Camino de las ccl is located in the coastal zone and totals 68.5
gross acres and is undeveloped. The
project would be provided by the northern exte
Lane. In addition, access would be provided en Valley Road, which would extend from
Camino de las Ondas north along the project
to the north. The applicant is processing a Vesting Te
stipulates that the approval of a Vesting Tentative Ma ted right to proceed with the
, and standards in effect at the time the
tate that the amount of any fees which
any law, shall be determined at
the time the fee is paid. Therefore, the amount of fees are not
Tentative Map.
R approval of the Vesting
The project is subject to the requirements of the Zone 20 Specific Plan an
by the City Council on December 7, 1993. In addition, the City Council, as
approved a new school facilities mitigation condition set forth in staff memo
Mr. Gibson moved to the west wall and reviewed the maps which show the exact lo
the various roadways in and around the site.
of the project and
Commissioner Erwin requested the Deputy City Attorney to educate the Commission regar
Tentative Map, including the positive and negative aspects. Ms. Hirata stated that the Commi
not vote yes or no based on the fact that it is a Vesting Tentative Map because the applicant h
MINUTES
December 22,1993
The North County Blade-Citizen
Letters to the Editor
c/o Rusty Harris
1722 South Hill Street
Oceanside, CA 92054
Dear Mr. Harris:
This letter is in response to the letter you printed from Mr. Lamb, a Carlsbad resident,
who posed several questions to the Carlsbad City Council regarding the proposed
alignment of College Boulevard. I will restate the questions asked by Mr. Lamb and
attempt to answer those questions.
. 1. ’ Why have residents been unable to obt,ain the exact alignment of
College Blvd. until just recentIy (many residents may not have
purchased homes where they did if this information were known)?
The classification and approximate alignment of College Boulevard through the eastern
part of Carlsbad were established in the mid 60’s with the adoption of Carlsbad’s first
General Plan. The alignment was further refined with the approval of the Calavera Hills
Master Plan in 1978. The specific alignment adjacent to The Cape at Calavera Hills was
fixed at the time the final map for this project was approved in 1983 before any homes
were built on the site. The recorded map for The Cape at Calavera included half street b
dedication of College Boulevard along the eastern edge of the project, At this time, the
City also required the developer to grade the area within the half street dedication in an
effort to minimize the disturbance for future residents of the subdivision.
The residents who originally purchased houses within The Cape had available to them
the final map showing the exact alignment and location of future College Boulevard
adjacent to their homes. In addition, the residents could have reviewed the City General
Plan and the Calavera Hills Master Plan maps which showed the alignment of College
Boulevard and its classification as a four lane major arteria! road.
__-_._ . . -.. . . _. ._ _. _ _ -- -...--.--. -. -. . 1200 Carlsbacl Vlli,.tqe Drive - Carlsbncl. CA 92008-1989 l (619) 434-2830 - FAX (519) 720-9461
North County Blade-Citizen
December 22,1993
Page 2
2. Was College Boulevard always proposed as a four lane facility?
; Yes, the classification of College Boulevard as a four lane major arterial with raised
median island was originally contemplated in the City’s first General Plan in the mid
1960’s. There has been no alteration in the classification since then.
3. Who is paying for the proposed sound wall along the east side
of College Boulevard?
The devefoper is funding the full cost of this wall. City policy and State
environmental regulations require developers to mitigate any adverse impacts to
their development from adjacent noise sources. Since the property immediately
east of the proposed College Boulevard. extension is currently undeveloped, the
developer of this property will be required to build any required sound wall . concurrent with the development of the property.
4. Who pays for noise studies and do they only protect future
residents?
The developer pays for any noise studies required by the City. The City noise
policy is primarily designed to protect future residents from any potential noise
sources. With particular reference to the residents of The Cape, the Master Plan
developer was cpnditioned to perform a noise study and make recommendations
for noise mitigation. The developer was not conditioned to install any mitigation
measures adjacent to The Cape development. The reason for this exclusion is
because’ mitigation measures recommended by a previous noise study were installed by the developer of The Cape when the project was originally
constructed. The noise standards in 1983 were. less restrictive than they are today.
City policy does not require new development to bring older developments up to
existing standards.
North County Blade Citizen
December 22, 1993
Page 3
5. Why not relocate College Blvd. a hundred feet to the east, where
open space is planned and create an open space noise buffer.
for the existing residents?
Most of the land immediately east of the proposed College Blvd. alignment is
planned for residential development (Village “U”) and not open space. A
realignment in this direction would push the development into sensitive canyon
areas or reduce the area allowed for development. Considering the previous
density reductions within the Calavera Hills Master Plan mandated by the Growth
Management Program and, considering the need to maintain a certain level of
development to pay for College Boulevard and other public infrastructure, the
Council decided to retain the alignment in its present and long established
position.
Council decisions are not always easy or popular. We are elected to represent the needs
and values of the community as a whole. It is our job to sort out the facts, listen to the
needs of the public, and make decisions that bring the most good to the most people.
As with most of our decisions not everyone will be pleased with the outcome. We can
only hope, that on the whole, people understand our decisions are made with the hope
of maintaining and enhancing the overall quality of life in our City.
City of Carkbad
ma
Cl City Council
City Manager
City Engineer
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approached. the vnn from the Humane Society was leaving. We went in and asked if Quigley and her owner were there. They told me her owner had not F
arrived yet. but unfortunately by the time the dog arrived, she had passed away. BECKY CIfAVERS N . vista PC Questions for council hc
Editor: I would like to pose some pertinent questions to each member of the Carlsbad City Council. Some of the answers might take some research: hence, I don’t espect immediate response. But I dobelieve it to be imperative that in fuuliilling the responsible duties of your elected positions, accurate answers should be obtained: 1) Why have residents of Carlsbod been unable to obtain the esact alignment of CollTge Boulevard until just recentis? Just perhaps if this bad been previously known. mnny residences at the Cape of Calavera Hills would not have been purchased. or this problem could have been nlutuall,v solved some time ago. 21 Was College originally designed as D txvo-lane road. or its present design as a four-lane road? I’m certain that noise stud& would vnr? 3) Is there anv funding for the east-side wall along College being provided by other than the developer? Are existing: residents paying? 4) Who paid for the noise studies’: Apparently Noise Policy So. 17 is designed to project new developments. not existing residents of Carlsbad. 5) Why cannot considelxtion be given to relocst- ing Cotlege a few hundred feet to the t?:\st. where . open space is planned. and move the open space to the present alignment of College. thud creating the ideal. non-Los Angeles wall noise buffer:’ 61 Last, but not least. is this a pro-developer or a
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PI 01 ht In a w bi re in H ZIG Carlsbad residents’ City Council’l L;\RKY L&U1B z CWMXld . . --- -
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February 1, 1994
In reference to Mayor Lewis' January 2, 1994 Community Forum Letter in the Oceanside "Blade Citizen" newspaper and the proposed Village U, I would like to clarify a few points pertaining to the College Boulevard alignment as it is currently planned to run immediately adjacent to the 230 homes of The Cape at Calavera Hills.
On November 2, 1993, I did appear before this Council in protest of the College Boulevard alignment within the proposed Lyon-Copley development. The thrust of my protest was the negligence of the Council in its favoritism of a proposed development versus an obvious deference to the existing residents of The Cape who had lived here for over ten years. With the College Boulevard alignment only a few feet from some of The Cape homes, the noise and air pollution will far exceed levels considered @'healthy'@!
At that meeting, the request to relocate the road further to the east was denied, but the Council did order Lyon-Copley to conduct a noise study prior to development. Prior to this meeting, the only noise study and subsequent abatement wall would protect the m development to the east, but nothing to benefit existing residents to the west. I seriously do not believe that noise and traffic studies conducted in 1983 could have possible anticipated and projected the noise decibels that will be prevailing in 1994, or thereafter.
In order to maintain the health and well-being of The Cape residents, the only prudent mitigation would be to move College Boulevard to the eastern segment of Village U and subsequently move Village U to the west, adjacent to The Cape.
The City Council and staff have made numerous references to the city's General Plan and the Calavera Hills Master Plan. i have read these, and would like to quote some important statements from these.
The General Plan - "Goal- Provide a roadway system that does not subject surrounding land uses to inappropriate noise levels," This is an element that state law says must be addressed! "The General Plan is not a static document. The goals and implementation should continue to be reviewed and updated on a timely basis as deemed necessary by state law or by request from the public." nUntil a permanent noise mitigation ordinance is adopted, noise studies are to be submitted with applications for residential projects with 50 or more dwelling --- within 500 feet from the
-
1
right of way of an existing or future circulation element roadway." "The city shall protect the hearing and well-being of Carlsbad residents by controlling and abating harmful or undesirable sounds ---. 81
Nowhere in the plans did I read where new developments were to be favored, nor existing residents to be discriminated against. In fact, it appears that the state mandates &I& citizens to be treated equally!
Therefore, I would seriously urge the City Council to hold in abeyance all approvals pertaining to the Lyon-Copley development until an acceptable solution to the potential noise and irritant pollutants can be remedied to the satisfaction of the impacted Carlsbad residents.
LAWRENCE D. LAMB Carlsbad
. I- NOTICE OF PUBLIC HEARING - --
CT 90-25/PUD 90025/HDP 90-32
CALAVERA HEIGHTS VILLAGE W"
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 1, 1994, to consider an application for a Tentative Tract Map, Planned Development Permit, and Hillside Development Permit to develop 138 multi-family residential units on property generally located east of future College Boulevard, south of approved Village "T" and north of approved Village "W" within the Calavera Hills Master Plan in Local Facilities Management Plan Zone 7, and more particularly described as:
A portion of Lot D of The Ranch0 Agua Hedionda in the City of
Carlsbad, County of San Diego, State of California, according to Map
thereof No. 823 on file at the Office of the County Recorder of San
Diego County.
If you have any questions regarding this matter, please call Eric Munoz in the
Planning Department at 438-1161, extension 4441.
If you challenge the Tentative Tract Map, Planned Development Permit, and/or the 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 Carlsbad City Clerk's Office at or prior to, the public hearing.
APPLICANT: Lyon Communities
PUBLISH: January 20, 1994
CARLSBAD CITY COUNCIL
CALAVERA kEK3HTS VUAM “V’ c-r 9o--&m25/
I
- _,- -
NOTICE OF PUBLIC HEARING
.
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, December 15, 1993, to consider a request for
recommendation of approval of a Tentative Tract Map, Planned Development Permit, and
Hillside Development Permit to develop 138 multi-family residential units on property
generally located east of future College Boulevard, south of approved Village “T” and north
of approved Village “W” within the C&Vera Hills Master Plan in Local Facilities
Management Plan Zone 7 and more particularly described as:
A portion of Lot D of The Ranch0 Agua Hedionda in the City of Carlsbad,
County of San Diego, State of California, according to the Map thereof No.
823 on file at the Office of the County Recorder of San Diego County.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after December 9, 1993. If you
have any questions, please call Eric Munoz in the Planning Department at (619) 438-l 161,
ext. 4441.
If you challenge the Tentative Tract Map, Planned Development Permit, 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 90-25/PUD 90-25/HDP 90-32
CASE NAME: CALAVERA HEIGHTS VILLAGE “U”
PUBLISH: DECEMBER 2, 1993 -.
.
i
F.
(Form A)
TO:
FROM:
RE:
CITY CLERKS OFFICE
PLANNING DEPARTMENT
PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice CAIAVERA HILLS MASTER PLAN
- VILLAGE ‘I)” - CT 90-25/PUD 90-25/HDP 90-31 for a public hearing before the City
Council.
Please notice the item for the Council meeting of 2 I 1
Thank you.
MARTY ORENYAK DECEMBER 30, 1993
Assistant City Manager Date
Attachments
CALAVERA HGTS VILL "U"
CT 90-25/PUD 90-25/HDP 90-32 FACILITIES LBLS
CERTIFIED CITYOFVISTA CARLSBAD UNIF SCHOOLDIST 600EUCALYPTUSAVE 801 PINEAVE PO BOX1988 CARLSBAD CA 92008 VISTA CA 92084
COUNTY OF SAN DIEGO 5201RUFFIN RD #B SAN DIEGO CA 92123
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