HomeMy WebLinkAbout1994-03-15; City Council; 12627; Sambi Seaside Heights‘%TY OF CARLSBAD - At bA BILL
A6 # 12; b27 TITLE: SAM.BI - cl- 92-02/PuD 92-03
MTG. 3-/S -ciY SDP 92-06/HDP 92-03
DEPT. pLN
; RECOMMENDED ACTION:
DEPT. HD.
CITY ATTY
CITY MGR. +i&C$&C
u ul The Planning Commission, Housing Commission, and staff are recommending that the City Council
2 direct the City Attorney to prepare documents ADOPTING a Conditional Negative Declaration and
z APPROVING CT 92-02, PUD 92-03, SDP 92-06 and HDP 93-02 as recommended for approval by
-2 the Planning Commission.
ITEM EXPLANATION
On December 15, 1993, the Planning Commission conducted a public hearing and recommended
approval (6-l) of the Sambi project, located east of Paseo de1 Norte and north of Camino de las
Ondas in Local Facilities Management Plan Zone 20. On January 13, 1994 the Housing
Commission reviewed the affordable housing components of the project and unanimously
recommended (8-O) that the City Council approve the project.
The applicant is processing a vesting tentative map which is different from a tentative map. When
a local agency, such as the City, approves a vesting tentative map, State law and local ordinance
(Title 20) stipulates that the approval of the map confers a vested right to proceed with the
development in substantial compliance with the local ordinances, policies, and standards in effect
at the time the application was deemed complete. It is a vested guarantee that if an ordinance or
standard changes before the vesting tentative map is finaled or building permits issued, the project
would not be subject to the new requirements. The rights conferred by a vesting tentative map
extend for only two years beyond the recording of the final map. Where several final maps are
recorded on various phases of a project the time period begins for each phase when the final map
for that phase is recorded. This project would propose to final maps in four (4) separate phases.
The project is located on a 68 acre parcel north of Camino de las Ondas and directly east of the
future Poinsettia Community Park. Access to the property would be provided by future Hidden
Valley Road (non-loaded collector road) leading north from Camino de la Ondas, and future Alga
Road (major road). The project would consist of 129 single-family lots that range in size from
7,500 to 28,300 square feet, 76 two-story townhomes with attached two-car garages, 72 two-story
condominium units, 72 two-story apartment units, and 2 community facility sites.
A majority of the project would feature contemporary architecture consisting of Spanish tile roofs
with varying roof lines, and stucco exteriors. Area “D” in the far western portion of the site would
contain townhomes with contemporary architecture and metal seamed roofs to be more compatible
with the architecture and materials proposed for the buildings in future Poinsettia Community Park
located directly west of the project site.
The applicant is requesting an 11.8% density bonus (36.8 dwelling units above the density allowed
by the growth control point) to provide affordable housing, therefore, per the requirements of the
Citys recently adopted Inclusionary Housing and Density Bonus Ordinances, 20% of the proposed
dwelling units (or 63 affordable units), must be provided for lower income households. The
developer is proposing to provide those affordable dwelling units as rental units within the
apartment portion of the project. The applicant proposes 63 of the total 73 apartment units to be
affordable to households at 80% of the county median income.
The Housing Commission, after considering all factors related to the affordable housing project
approved a recommendation to the City Council to approve the affordable housing project
containing 63 apartment units to be affordable to low income households for a period of at least
fifty-five (55) years. No financial assistance was requested for the project. Recommendation for
PAGE 2 OF AG,,.i BILL NO. /2; ha?
the project was granted by the Housing Commission with the condition that an acceptable schedule
for construction of the required ratio of restricted units be developed by the applicant. The
schedule must indicate acceptable construction phasing for the affordable units in relation to the
construction of the market rate units. Following Council approval of the proposed project and
prior to the first final map approval, the applicant must enter into an Affordable Housing
Agreement with the City.
More detailed information is included in the attached staff report to the Planning Commission and
the Housing Commission. There was no public testimony presented to the Planning Commission.
Planning Commissioner Erwin was concerned that the condominium and apartment units should
have two-car garages rather than carports or one-car garages and, therefore, voted against approval
of the project. The project complies with Title 21 because the Planned Development Ordinance
(Chapter 21.45) only requires two covered spaces per dwelling unit for condominiums and
uncovered parking is permitted for apartments. The proposed condominium units would have a
one car garage and carport per dwelling unit. The project is in compliance with all adopted local
land use plans, ordinances, and policies and is consistent with the Mello II Segment of the Local
Coastal Program.
ENWRONMENTALREVIEW
The project site is located within the boundaries of the Zone 20 Specific Plan (SP 203) which
covers the 640 acre Zone 20 planning area. The direct, indirect, and cumulative environmental
impacts from the future development of the Zone 20 planning area have been discussed in the
Final Environmental Impact Report (EIR 90-03) for the specific plan. The recommended and
applicable mitigation measures of Final EIR 90-03 would be included as conditions of approval for
this project. Per the requirements of Final EIR 90-03 additional project specific environmental
studies, including biological analysis, have been prepared. These studies provide more focused and
detailed project level analysis and indicate that additional environmental impacts beyond what was
analyzed in Final EIR 90-03 would result from implementation of the project.
Per the recommendations of Final EIR 90-03 a Conditional Negative Declaration was issued for this
project to evaluate the additional environmental impacts to coastal sage scrub and riparian habitats
created by onsite development and the alignment of Hidden Valley Road north to Palomar Airport
Road. The Planning Director and Planning Commission have determined that the project could
have a significant effect on the environment, however, there would not be a significant effect in
this case since the mitigation measures described in the attached initial study have been added to
the project. This decision was based on findings of the Environmental Assessment Part II,
biological resource impact studies, a geotechnical report, acoustical study, traffic report, and a field
surveys by staff. A Conditional Negative Declaration was issued by the Planning Director on
August 5, 1993.
FISCAL IMPACT
As discussed in the Zone 20 Local Facilities Management Plan, all major capital facilities will be
funded by the developer of this project. A financing plan that comprehensively addresses the
provision of public facilities within the facility zone has been approved by the City Council. The
applicant intends to privately finance the construction of the 63 affordable apartment units and
is not requesting financial assistance from the City.
PAGE 3 OF AGti.,ai BILL NO. w
GROWTH MANAGEMJWT STATUS
Facilities Zone
Local Facilities Management Plan
Growth Control Point
Net Density
Special Facilities
20
20
3.2 816 DU/ACRE
5.8 DU/ACRE
C.F.D. NO. 1
EXHIBITS
1. Location Map
2. Planning Commission Resolution No. 3590, 3591, 3592, 3593, & 3594
3. Planning Commission Staff Report, dated December 15, 1993
4. Excerpts of Planning Commission Minutes, dated December 15, 1993
5. Housing Commission Staff Report, dated January 13, 1994
6. Housing Commission Resolution No. 94-003
4
City of Chbd
SAMBI I CT 92902/PUD 92903/
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EXHIBIT 2
PLANNING COMMISSION RESOLUTION NO. 3590
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A CONDITIONAL NEGATIVE DECLARATION
FOR AVESTING TENTATIVE MAP, PLANNED DEVELOPMENT
PERMIT, SITE DEVELOPMENT PLAN, AND HILLSIDE
DEVELOPMENT PERMIT TO DEVELOP 129 SINGLE-FAMILY
LOTS, 76 TOWNHOMES, 72 CONDOMINIUM UNITS, 72
APARTMENT UNITS, AND TWO FUTURE COMMUNITY
FACILITY SITES, ALL ON PROPERTY GENERALLY LOCATED
EAST OF PASEO DEL NORTE, NORTH OF CAMINO DE LAS
ONDAS, SOUTH OF PALOMAR AIRPORT ROAD IN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 20.
CASE NAME: SAMBI
CASE NO: CT 92-02/PUD 92-03,‘SDP 92-06/HDP 92-03
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, examining the initial study, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered ail
factors relating to the Conditional Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
Al That the foregoing recitations are true and correct.
Bl
Findinns:
That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of the Conditional Negative
Declaration according to Exhibit “CND”, dated August 5, 1993, and “PII”,
dated July 15, 1993, attached hereto and made a part hereof, based on the
following findings:
1. The initial study shows that the proposed project could have a significant impact on
the environment, however, there will be no significant impact in this case because
the mitigation measures described in the initial study have been added to the
project.
--.
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2.
3.
The streets are adequate in size to handle traffic generated by the proposed project.
The project is in compliance with the adopted mitigation measures of Final
Environmental Impact Report 90-03 and would not create any additional significant
environmental impacts based on the conditions of this Conditional Negative
Declaration.
Conditions:
1.
2.
Approval of this project, is subject to all conditions contained in Planning
Commission Resolution No.? 3591, 3592, 3593, and 3594.
The applicant shall provide the following noise mitigation measures to comply with
Planning Department Policy No. 17:
a.
b.
C.
d.
Prior to occupancy of individual units, the applicant shall construct
sound attenuation walls, berms, or a combination of both along Alga
Road per the requirements of the project’s noise study dated
September, 1992 and any subsequent amendments. If sound
attenuation walls are provided along Alga Road, the walls shall be
designed with pilasters, be compatible with the proposed
development, offset with tree wells, and landscaped to provide
screening of the walls from the roadway in order to reduce visual
impacts along the street. All secondary story balconies along Alga
Road shall be sound attenuated to 60 CNEL.
To obtain an interior noise level of 45 CNEL, the windows and doors
in buildings subject to traffic noise must be closed, therefore, a
“windows closed” condition is applicable and a mechanical ventilation
system with fresh air provisions in accordance with the Uniform
Building Code and Planning Department Policy No. 17 is required.
Prior to the issuance of building permits the owner of the record of
the property shall prepare and record a notice that this property is
subject to noise impacts from the existing Alga Road 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 sales
and/or rental offices associated with the new development. The
number and locations of said signs shall be approved by the Planning
Director (see Noise, Form #3 on file in the Planning Department).
PC RESO NO 3590 2
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3. 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 issuance of grading or building permit, whichever occurs first.
4.
5.
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7.
. . . .
. . . .
Prior to approval of a final map, issuance of a grading permit, or approval of
improvement plans for Hidden Valley Road from the Poinsettia Park north to
Palomar Airport Road, whichever occurs fu-st, a detailed biological mitigation,
restoration and enhancement plan to mitigate project and Hidden Valley Road
biological impacts, per the recommendations of Final EIR 90-03 and the Biological
Technical Report of the Sambi Project, dated July 1993, shall be prepared and
approved by the City. In addition, and pursuant to Section 1601/1603 of the Fish
and Game Code, the applicant shall obtain a Streambed Alteration Agreement from
the California Fish and Game Department if required for any proposed alterations
to existing natural watercourses and shah comply with any and aLl permit
requirements associated therewith. The applicant, in conjunction with the
Department of the Army Corp of Engineers shah determine whether a 404 permit
shall be required for alterations to wetland areas. The applicant, in conjunction
with the United States Fish and Wildlife Service shall determine if a 1OA permit or
other restrictions of the NCCP and Endangered Species Act process is required for
impacts to coastal sage scrub habitat. If applicable, the applicant shall obtain said
permits and comply with those conditions and requirements imposed therewith.
Prior to approval of a final map, issuance of a grading permit, or approval of
improvement plans for Hidden Valley Road from Poinsettia Park north to Palomar
Airport Road, the applicant, in discussion with the Planning and Engineering
Departments, shall consider, if feasible, the incorporation of an oversized culvert
under Hidden Valley Road at the Encinas Creek crossing to mitigate the effects of
fragmentation of the open space and wildlife corridor caused by the roadway, and
to enhance wildlife mobility in the area.
The applicant shall comply with all mitigation requirements of the Preliminary
Geotechnical Investigation for the project prepared by Pacific Soils Engineering, Inc.,
dated February 1989 and any subsequent revisions to the report, prior to issuance
of a grading permit.
In addition to the conditions above, the project shall comply with all the applicable
mitigation conditions of Final EIR 90-03 for the Zone 20 Specific Plan (SP 203), as
contained in Planning Commission Resolution No. 3525, dated June 16, 1993.
PC RESO NO 3590 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.
I
CARLSBAD PLANNING COMMISSION 1 ATTEST:
4 PLANNING DIRECTOR
PC kES0 NO 3590
0
- -
CONDITIONAL NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: South of Palomar Airport Road, east of Paseo de1 Norte, north of Camino de las Ondas. APN: 214-14-07
PROJECT DESCRIPTION: Development of a 68.6 acre parcel to include 222 m&i-family residential dwelling units - 1 SO townhomes and 72 apartments, 130 single-family lots, and 625,000 cubic yards of grading to
accommodate building pads, lots, recreation areas, utilities,
private driveways, local public sweets, two non-loaded collector streets, and a circulation element roadway (Alga Road).
The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Conditional Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project.
Justification for this action is on file in the Pknning Department.
A copy of the Conditional Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from
the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Jeff Gibson in
the Planning Department at (619) 438-1161, extension 4455. .
DATED:
CASE NO:
AUGUSI’ 5,1993 MICHAEL J. HGtZMtkER CI’ 92-02/PUD 92-03/SDP 92-06/ Planning Director
HDP 92-03
CASE NAME: SAMBI
PUBLISH DATE: AUGUST S,l993
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FLNWRON’MENTAL IMPACI’ ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
BACKGROUND
CASE NO. CT 92-02/HDP 92-03/PUD 92-03,‘SDP 92-06 DATE: JULY 1s. 1993
1. CASE NAME: SAMBI
2. APPLICANT: TOYOHARA AMERICA INC. C/O MR DON AGATEP
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2956 ROOSEVELT CARLSBAD. CA 92008 (619) 434-1056
4. DATE EIA FORM PART I SUBMITTED: FEBRUARY 14.1992
5. PROJECT DESCRIPTION: Develonment of a 68.6 acre oarcel to include 222 m&i-family residential dwelling units - 150 townhomes and 72 anartments . 130 single-family lots. and 625.000 cubic yards of grading to accommodate buildinn Dads. lots. recreation areas. utilities, private drivewavs. local oubhc streets. two non-loaded collector streets. and a circulation element roadwav (Alga Road).
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist 8 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare Environmental Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project any of its aspects may cause a signifkant effect on the environment. On the checklist, “NO” will be checked to indicate this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a sknificm efkt on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are shown in the checklist under the headings “YES-s@” and ‘YES-i&g” respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant.
PHYSKAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES. YES big) (insig)
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
2. Appreciably change the topography or any unique physical features? x
3. Result in or be affected by erosion of soils either on or off the site?
4. l Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
5.
6.
7.
8.
9.
10.
11.
Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial amounts of fuel or energy?
Alter a sign&ant archeological, paleontological or historical site, structure or object?
NO
x
x
x
x
x
x
.A
x -
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~BIOLOGKAL ElWIR0NMEN.r
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
big) (insig)
12.
13.
14.
15.
16.
Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area, or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance?
x
NO
x -
x
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals?
HuMANENvlRoNMENT
WILL THE PROPOSAL DIRECTLY OR INDIRfCT’LY: YES YES NO
(sigl <ins&)
17. Alter the present or planned land use
of an area?
18. Substantially affect public utilities, schools, police, fire, emergency or other
public services?
x
X
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HuMANENvrRoNMENT
WILL THE PROPOSAL DIRECI’LY OR 1NDIRECTL.Y: YES YES NO
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
big1 (insig)
x
Result in the need for new or modified sewer systems, solid waste or hazardous waste
control systems?
Increase existing noise levels?
Produce new light or glare?
Involve a signilicant risk of an explosion
or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)?
Substantially alter the density of the human population of an area?
Affect existing housing, or create a demand
for additional housing?
x
X
Generate substantial additional traf?ic?
Affect existing parking facilities, or
create a large demand for new parking? x
Impact existing transportation systems or
alter present patterns of circulation or movement of people and/or goods?
Alter waterborne, rail or air traffic?
Increase traffic hazards to motor
vehicles, bicyclists or pedestrians? X .
Interfere with emergency response plans or emergency evacuation plans? X
Obstruct any scenic vista or create an aesthetically offensive public view? x -
Affect the quality or quantity of
existing recreational opportunities? X
4
MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (sigl (insig)
33. Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wild- life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods of California history or prehistory.
34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con- siderable” means that the incremental effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the effects of other cumnt projects, and the effects of probable future projects.)
36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
x
X
X
NO
x
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D[SCUSSION OF ENVIRONdNTAL EVALUATION
PROJEcf BACKGROUND AND ENVIRONMENTAL SETTING:
The project is located ~011th of Palomar Airport Road, east of Paseo De1 Norte, adjacent to future Hidden Valley Road, and north of Camino De Las Ondas in the City of Carlsbad. The western two-thirds of the
property is almost entirely utilized for active agricultural use. The property contains gently sloping topography that rises from west to east towards a ridgeline. At the northwestern comer of the property is the edge of a highly disturbed finger canyon which continues north and eventually connects with
Canyon de las Encinas. Along the eastern edge of the property is a larger north/south canyon system. Elevation ranges from 156 to 300 feet above mean sea level. Soil types include Las Flores loamy fine
sand, Gaviota fine sandy loam, and Chesterson f!ine sandy loam. Three vegetation types are present on
the property: ruderal/agriculture, Diegan coastal sage scrub in varying levels of disturbance, and
disturbed riparian scrub.
Vehicular access to the site would be provided from Camino de las Ondas, future Alga Road from Poinsettia Lane, and a future collector street named Hidden Valley Road. Hidden Valley Road would
travel along the site’s western property line, intersect with Camino de las Ondas to the south and
intersect with Palomar Airport Road to the north. The project would sewer north along Hidden Valley
and connect with the east/west trunk line in Canyon de las Encinas.
The project site is located within the boundaries of Specific Plan 203 which covers the 640 acre Zone
20 Planning Area. The Final EIR 90-03 for SP 203 addresses the potential environmental impacts associated with the future buildout of the Zone 20 Specific Plan area. Use of the program EIR enables
the City to characterize the overall environmental impacts of the specific plan. The Final EIR contains
broad, general environmental analysis that serves as an information base to be consulted when ultimately approving subsequent development projects (i.e. tentative maps, site development plans, grading permits, etc...) within the specific plan. The City can avoid having to “reinvent the wheel” with each subsequent
development project by analyzing, in the program EIR, the regional influences, secondary effects, cumulative impacts, and broad alternatives associated with buildout of the planning area. The
recommended mitigation measures of Final EIR 90-03 will be included as conditions of approval for this
project. This subsequent expanded “Initial Study” is intended to supplement the Final EIR and provide
more focused and detailed project level analysis of site specific environmental impacts and provide more
refined project level mitigation measures as required by Final EIR 90-03. As an example, additional
environmental impacts not addressed in EIR 90-03 include ripatian impacts created by the alignment of
Hidden Valley Road north to Palomar Airport Road and site specik traffic noise impacts.
PHYSICAL ENVIRONMENTZ
Development of the site would include 625,000 cubic yards of grading to accommodate building pads,
lots, recreation areas, utilities, private driveways, local public streets, two non-loaded collector streets and a circulation element roadway (Alga Road). The proposed grading and development of the project would conform to the Cit~+s Hillside Development Ordinance and manufactured slopes would be
landform/contour graded, landscaped, and not exceed 30 feet in height, therefore the alteration of the topography would not be considered a signikant physical impact. The preliminary Geotechnical
Investigation prepared by Pacific Soils Engineering, Inc., dated February 6,1989 states that; “the subject
property is compatible with the indicated geotechnical conditions and may be developed with conventional cut and fill grading techniques; Considering the dense to medium dense character of the Lindavista Formation and Scripps Formation, liquefaction potential is considered nil”. Erosion control
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measures including landscaping on manufactured slopes, adequate drainage facilities, and proper sod
compaction would all be conditions of approval for the project and be required by the Engineefig
Department prior to issuance of the grading permit.
Development of the project would create impervious surfaces onsite which reduce absorption rates and
increases surface runoff and runoff velocities, however, the appropriate drainage facilities would be
provided. Drainage from roofs, streets, driveways, slopes, and yards in the project would constitute a
potentially significant impact to water quality due to urban pollutant runoff, therefore, mitigation
measures will be required to reduce to an insigniFicant level the amount of contaminants contained in
the runoff. Temporary desiltation basins would be provided within the project in graded pad areas and
a permanent basin is proposed west of future Hidden Valley Road, adjacent to En&as Creek at the 67
foot elevation. Prior to issuance of a grading permit the applicant must comply with the requirements
of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant would be
required to provide the best management practices to reduce surface pollutants to an acceptable level
prior to discharge to sensitive biological areas. Compliance with this requirement would reduce any
water quality impacts to below a level of significance.
For a discussion on air quality see Section 3.3 of Final EIR 90-03 for the Zone 20 Specific Plan (SP 203).
Final EIR 90-03 identified one archaeological site (Sdi-9478) and no historic sites within the project
boundaries. Sdi-9478 is classified in EIR 90-03 as a site that was identified as potentially signifkant and
will require preliminary significance evaluation prior to approval of a tentative map. The Preliminary
Archaeological Analysis For Sdi-9478, prepared by Advanced Sciences, Inc., dated July 10, 1992,
indicates that the site can not be located for testing due to dense, high grass cover, and recent extensive
agricultural activity in the area. Due to the extremely disturbed nature of the area it was determined
that the site is no longer extent, therefore, Site CA-Sdi-9478 has been determined not significant based
on criteria presented in Appendix K of CEQA and no further recommendations for cultural resources
impact mitigation are offered.
BIOLOGICAL ENVIRONMENT:
The Biology Section of Final EIR 90-03 provides baseline data at a gross scale due to the large size of
the planning area. Given the large number of property owners and their differing development horizons * and the inevitable change in biological conditions over the long term buildout of the planning area, It
is not possible to mitigate biological impacts from the buildout of the entire specific plan under one
comprehensive open space easement that crosses property lines or a habitat revegetation/enhancement
plan sponsored solely by the property owners. Based on the future biological impacts created by
individual subsequent development projects, property owners within the planning area will be given
several mitigation options that will be based on subsequent and additional site specific biological survey
and impact analysis. These additional biological studies wiil consider the baseline data and biological
open space recommendations of Final EIR 90-03 and provide more detailed resource surveys plotted at
the tentative map scale for each property. The range of the future mitigation options would include
preservation of sensitive habitat onsite in conjunction with enhancemen~revegetation plans, payment
of fees into a regional conservation plan, or the purchase and protection of similar habitat offsite.
A Biological Technical Report was prepared for the project by Anita Hayworth, Biological Consultant,
dated July 1993. This subsequent biological study is intended to supplement the Final EIR, provide more
focused and detailed project level analysis of site specific biological impacts and provide more refined
project level mitigation measures as required by Final EIR 90-03. The report indicates that
implementation of the project would create significant impacts to coastal sage scrub and riparian habitats,
therefore, mitigation measures designed to reduce biological impacts to below a level of significance d
be required as part of this environmental document, (see attached conditions). The project site was
surveyed for sensitive plant and animal species and no species were observed during the sensitive species
survey, including the burrowing owl survey, therefore, significant impacts would not occur to sensitive
species. Mitigation proposed in the biology report includes onsite habitat preservation, onsite
enhancement/revegetation of habitat, and the option for offsite enhancement/revegetation, purchase and
protection of inkind offsite habitat, or the possible payment of fees for a regional conservation plan. The detailed mitigation plans would be fklized prior to approval of a final map for the project and subject
to review and approval by State and Federal resource agencies.
The site is currently being utilized for agricultural purposes. It does not contain prime agricultural soils,
however, it is located in the Coastal Agricultural Overlay Zone (Site II) and the Mello 11 Local Coastal
Program requires mitigation when non-prime coastal agricultural land is converted to urban uses,
therefore, compliance with the adopted LCP mitigation would reduce all adverse impacts to an
insignificant level.
HuMANENvIRoNMENT:
The project would not alter the planned land use of the site and is consistent with the residential land
use designation and density established by the Land Use Element of the City’s General Plan.
Portions of the site had been farmed and cultivated for a number of years and there may be a potential
for significant impacts to future residents from accumulations of hazardous chemicals in the soil. Based
on the Soil Testing for Pesticide Residue Report for Sambi prepared by Pacific Soils Environmental, dated
July 1992, analytical tests on soil sampled did not detect pesticide/herbicide residue. The report states
that; “further environmental sampling for pesticide residue in soil appears unwarranted for this property,
based on the information available at this time”.
The project would increase traffic in the area, however, a Traffic trnpact Analysis conducted as part of
the Zone 20 Specific Plan and the project indicates that compliance with the circulation requirements of
the Zone 20 Specific Plan (SP 203), Final EIR 90-03, and the Local Facilities Management Plan for Zone
20 would mitigate any significant traffic impacts.
The project is located within the Zone 20 Local Facilities Management Plan Public facility impacts and
financing have been accounted for in this plan to accommodate the residential development. The
residential land use would be consistent with the General Plan, therefore, the project would not
significantly impact public facilities and planned land uses.
Traffic noise from future Alga Road would create a sign&ant impact on homes adjacent to the road,
therefore, a noise study was prepared for the project by Robert Kahn, John Rain Associates, Inc., dated
February 1992. Noise levels on the project site will not exceed the exterior noise standard of 60 CNEL
and the interior noise standard of 45 CNEL, if the recommended mitigation measures recommended in
this study are implemented. Sound attenuation walls, berms, or a combination of both would be required along Alga Road to mitigate exterior traffic noise to comply with Planning Department Policy No. 17. If sound attenuation walls are provided along Alga Road, special landscaping and wall design criteria
shall be required to reduce any potential visual impacts the walls may. create along the roadway.
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ANALYSIS OF WABLE ALlcRNATWES TO THE PROPOSED PRtrJ-Em SUCH AS:
a) Phased development of the project,
b) alternate site designs, c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now,
fl alternate sites for the proposed project, and
g) no project alternative.
For a discussion on ahemativ& to the proposed project see Section 8.0 in Final EIR 90-03 for the
Zone 20 Specific Plan (SP 203).
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DETE~INATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
- I find the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
- I find that the proposed project COULD NOT have a significant effect on the environment, because
the environmental effects of the proposed project have already been considered in conjunction
with previously certified environmental documents and no additional environmental review is
required. Therefore, a Notice of Determination has been prepared.
x I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures described on an
attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
- I find the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
XL 1-3
’ Date
- Date
LIST MITIGATING MEASURES (IF APPLICABLE)
1. The applicant shall provide the following noise mitigation measures to comply with Planning
Dqmment Policy No. 17:
a Priortoompancyofin&vidual~ts,thcapplicantshall-sound
attenuationwalls,berms,oracombinationofbothalongAlgaRoadperthc . m of the project’s noise study dated February, 1992. Jf sound
attenuationwallsareprwidedalongAlgaRoad,~wallssballbtd~
with pilasters, be compatible with the proposed development, offset with tree-
wells,andlamhpedtoprovidt~ ofthewallsfnnntheroadwayin ordertoreducevisualimpactsalongthe~L
b. To obtain an interior noise level of 45 CNEI+ the windows ad doom in
~~subjectto~ccnoisewtstbcclosed,~~a’trvindowsclosed”
conditionisapplicableandamecbaGAventilation~wi~~air
plwisionsin~ withtheUnihmBddingCodeandPtanning
DepammmPokyNo. 17isreqtrired
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C. Prior to the issuance of building permits the owner of the record of the property
shall prepare and record a notice that this property is subject to noise impacts
fiom the existing Alga Road transportation corridor and overflight, sight, and
sound of ahaft operating fi-om Palomar Airport. The notice shall be prepared in a manner meeting the approval of the Planning Director and the City
AttOnney.
d. The applicant shall post akaft noise notikation signs in aJl sales and/or rental
offices associated with the new development. The number and locations of said
signs shall be approved by the Phming Director (see Noise, FOHII #3 on file
in the Planning Department).
2. The applicant shall comply with the City’s requirements of the National Pollutant Discharge
Eliminatitin 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 issuance of grading or building
pennit, whichever occurs lirst.
3. Prior to approval of a final map, issuance of a grading permit, or approval of improvement plans
for Hidden Valley Road from the Poinsettia Park south to Palomar Airport Road, whichever occurs
first, a detailed biological mitigation, restoration and enhancement plan to mitigate project and
Hidden Valley Road biological impacts, per the recommendations of Final ElR 90-03 and the
Biologid Technical Report of the Sambi Project, dated July 1993, shd be prepad and approved
by the City. In addition, and pursuant to section 1601/1603 of the Fish and Game Cod% the
applicant shall obtain a Streambed Alteration A~MDXW komtheCali.fozniaFishandGame
Department if reqired for any proposed alterations to existing natural watercourses and &all
comply with any and all permit requirements associated therewith The applicant, in conjunction
withtheDepartmentoftheArmyCorpofEx@eexsshalldetermine whethera404pesmitshallbe
required for akexations to wetland areas. The applicant, in conjunction with the United States Fish
and Wildlife Service shall determine if a 1OA permit or other restzictions of the NCCP and
Enchngemd Species Act process is required for impacts to coastal sage scrub habitat. if applicable,
the applicant shall obtain said pexmits and comply with those conditions and qukments imposed
therewith.
4. Prior to approval of a kal map, issunceofagradingpecmi~orapprwalofimprovementplans
forHiddenValleyRoad~PoinsettiaparksouthtopaOmar~Road,thappiicant~
discusion with the Planning and F&gkzkg B shall consider, if feasible, the
incotpomion of an oversized cuhnst under Hidden Valley Road at the Encinas Creek Qossipg to
mitigate the effects of @men&on of the open space and wildlife corridor caused by the roadway,
andtoe!nhaucewildlifiemobilityinthearea.
5. The applicant shall comply with all mitigation requ+xmF of the PAMnary Geotfxhnical
Ikestigation for the project prepared by Pac& Soils w kc., dated February 1989 and
aIlysubsequentR?visionstot.hereporc,priortoissuaea ofagradingpermit,
6. In addition to the conditions abovq the project shall complywith all the mitigation anxlitions of
FinalEIR9oQ3for~zoaC20SpecificPlan(sP203),ascontainedinP~commission
Resolution No. 3525, dated June 16,1993. tf Final ElR 9OAI3 is not certXed by the City Council
thiscanditi~NegativcDeclarationshallbecomcn~aadvloidandMwenvironmentalrwiew
shallbe~
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ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
AP4P
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MiASURES
AND CONCUR WITH THE ADDITION OF THESE MEA!WRES TO THE PROJEm.
JG:km
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NOTICE OF COMPLETION-
Mail to: State Clearinghouse, 1401, .sh etreet, RIII. 121, Sacramento, CA 95814 - .a67 5613
Bee WE Below
El
salt
Projrt Title: ce
Lead Agency: City of Carl&ad Contact Person: Jeff Gibson
Street Address: 2075 Las Palmas Drive Phone: (6191438-1161. ext. 4455
City: Carl&ad Zip: 92009 county: San Diego
---1._.__-______--_-------- _-mm-mm- ___-_______-_-__________________________-----------------------------------------.----------
PROJECT LOCATIOY:
County: San Dieco City/Nearest Commnity: Carlsbad
Cross Streets: Caminc de Las Ondas/Paseo det Norte Total Acres: 68.6
Assessor's Parcel No. 214-14-07 Section: W. Range: Base:
Uithin 2 Miles: State Hwy #: l-5 Waterways: Batiatitos lasoon
Airports: McClellen - Palasar Railways: AT&SF Schools:
_____________.___--_____________________-----------------------------------------------------------.------------.--------------.-
-NT TYPE
CEQA: - NW - Suppbmlent/Subacqucnt NEPA: OTHER: - Joint Docueent
Early Cons -
r Meg Dee
EIR (Prior SCH No.) z i' -FinalDocment
- Other -Draft EIS - Other
- Draft EIR -FM1 __________._____________________________-------------------------------.--------------------------------------------------------
LocMAcTIo8YYPE
- General Plan Update Specific Plan
- Master Plan
- Rezone - Annexation
- General Plan Amenbmt x Plamed Unit Development
- Prezone - Redevelopncnt
- General Plan Elemnt Use Permit - Coastal Permit
- Comnunity Plan - Site Ptan x Land Division (S&division, - Other
ParceL Map, Tract Map, etc.) ___________.____________________________----------------------------------------------------------------------------------------
DEVELOPlEllYTYPE
X Residential: Units 352 Acre8 68 6 - - Yater Facilities: Type IaD - - Office: Sq. Ft. Acres - Employ-s - Transportation: Type
- Ccmsrcial: Sq. Ft. Acres - Employ-s - = Mining: Mineral
- Industrial: Sq. Ft. Acres - Enploy- - - Power: Type Uatts
- Educational Yaste Treatment: Type
- Recreations1 z Hazardour Uaste: Type
- Other:
-----_________-----_----------------------------------------------------------------------------------------.--------------------
PROJECT ISSUESDlSQlSSED I8 WQIEYT
x x
x
Aesthetic/Visual
Agricultural Land Air Duality
ArchaeologicaL/HistoricaL
Coastal Zone
Drainage/Absorption
Economic/Jobs
Fiscal
- Flood Plain/Flooding - SchoolsbJniversitiea
Forest Land/Fire Hazard
x Geologic/Seismic
Septic System
z Sewer Capcity
ninerats
x
X Soil Erosion/Coupaction/Grading
Noise - Solid Uaste
- Population/Housing Balance - Toxic/Hazardous
- P&lic Services/FaciLitiea Traffic/Circulation
- Recreation/Parks X Vegetation
)( Uater guality
- Uater Supply/
Crowd Uatar
x UetlatWRiperian
X Uildlife
-Growth Inducing
-Landuse
- Cusulative Effect
- Other .____..-----___...--_____1_
Preamt Lmi Use/Z4mirp/Gamrd PLm IJw
Vacant/ROM-Q;R-l-lo-Q/RM;RLM
_________________-__--------------------------------------------.---------------------------------------------------------------
Project Daacriptiat Development of a 68.6 acre parcel to include 222 aulti-fmily residential dwelling mits - 150 tonhomea and 72 apartments , 130
single-family lots, and 625,000 cubic yards of grading to accommdate building peds, lots, recreation areas, utilities, private driveways, local public streets, two non-loaded collector streets, and a circulation l lecient roa&ay (Alga Road).
YQTE: Clearinghouse will assign identification m&err for all new projects. If a SCR nwber alreedy exists for a project (e.g.
frcm a Notice of Preparation or previoua draft document) please fill it in. Revised October 1989
APPENDMP -
EN\r ,, ,OI..~ENTAL MITIGATION MONlTORhG C LCKLIST Page 1 of 1
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PLANNING COMMISSION RESOLUTION NO. 3591
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA; RECOMMENDING
APPROVAL OF A VESTING TENTATIVE TRACT MAP TO
DEVELOP 129 SINGLE-FAMILY LOTS, 76 TOWNHOMES, 72
CONDOMINIUM UNITS, 72 APARTMENT UNITS, AND TWO
FUTURE COMMUNITY FACILITY SITES, ALL ON PROPERTY
GENERALLY LOCATED EAST OF PASEO DEL NORTE, NORTH
OF CAMINO DE LAS ONDAS, SOUTH OF PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20.
CASE NAME: SAMBI
CASE NO: CT 92-02
WHEREAS, a verified application for certain property to wit:
The South Half of the Southeast Quarter and the South 60
acres of the North Half of the Southeast Quarter of Section 21,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, County of San Diego, State of California, according
to United States Government Survey, approved October 25,
1875, according to the Official Plat thereof.
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 Vesting Tentative Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
~ as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 92-02, based on the following findings and subject
to the following conditions:
Findinns:
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The project is consistent with the General Plan and Zone 20 Specific Plan since the
RM designation allows the development of low density apartment, condominium,
or townhome developments that range in density from 4 to 8 dus/acre with a 6
d&acre growth management control point. The RIM designation allows single-
family homes that range in density from 0 to 4 dwelling units pkr acre with a 3.2
d&acre growth control point. The net density in the R.LM portion of the project
is 9.18 dwelling units per acre and the net density in the RM portion is 4.4 dwelling
units per acre. The project contains a combination of an overall net density of 5.8
d&acre, therefore, the project, exclusive of the density bonus request, is consistent
with the growth management dwelling unit allowance for the parcel.
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
District Engineer determines that sewer service is available, and building cannot
occur within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
The project is in compliance with the adopted mitigation measures of Final
Environmental Impact Report 90-03 ahd would not create any additional significant
adverse environmental impacts.
The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 20.
School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified School District.
PC RESO 3591 2
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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 Ciws Growth Management Plan to the extent
permitted by applicable state law for legislative acts.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the general plan.
The project complies with all requirements of Chapter 20.12 of the Carlsbad
Municipal Code.
The site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
The proposed project is compatible with the surrounding future land use since
surrounding properties are designated for residential development on the general
plan.
The project is consistent with all policies of the Mello II Segment of the Local
Coastal Program.
The tentative map satisfies all requirements of the Title 20 and 21 of the Carlsbad
Municipal Code and the State Subdivision Map Act.
Conditions:
1. Recommendation of approval is granted for CT 92-02, as shown on Etibits “A” -
‘WY’, 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..
2. This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.
PC RESO 3591 3
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This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the District Engineer
determines that sewer facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy. 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
February 12, 1992, 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 65913.5. If any such condition is determined to be
invalid, this approval shall be invalid unless the City Council determines that the
project without the conditions complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
Approval of CT 92-02 is granted subject to the approval of the Conditional Negative
Declaration, PUD 92-03, SDP 92-06, HDP 92-03, SP 203, and Final EIR 90-03.
CT 92-02 is subject to all conditions contained in Planning Commission Resolution
No. 3590 for the Conditional Negative Declaration.
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.
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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. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
The applicant shall provide the following note on the final map of the subdivision
and final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management
Control Point for each General Plan land use designation. Development cannot
exceed the Growth Control Point except as provided by Chapter 21.90. The land
use designation for this development is RLM and RM. The Growth Control Point
for these designations are 3.2 and 6 dwelling units per nonconstrained acre.
All parcels were used to calculate the intensity of development under the general
plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of
these parcels must also include all parcels under the general plan and Chapter 21.90
of the Carlsbad Municipal Code”.
Prior to approval of the ikal map, the applicant shah receive approval of a Coastal
Development Permit issued by the California Coastal Commission that substantially
conforms to this approval. If the approval is substantially different, an amendment
to CT 92-02 shall be required.
The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director’s approval prior to final map approval.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The applicant shall establish a homeowner’s association and corresponding
covenants, conditions and restrictions. Said CC&R’s shall be submitted to and
approved by the Planning Director prior to final map approval.
The CC&R’s shall include conditions stating the following provisions: (1) language
specifying the Homeowner’s Association maintenance responsibility for all natural
open space and slope maintenance easements, and offsite manufactured slopes
shown on the approved tentative map and landscape plan (CT 92-02), which is on
file in the Planning Department; (2) In. Area “D” (Lot 134), all patio covers and
decks that require a building permit shah conform to the setback and coverage
requirements of the underlying zone (RDM) and the accessory structure standards
of Title 21 of the Carlsbad Municipal Code; (3) In Area “D” (Lot 134) all trash cans
shall be stored inside the garage and out of view from the private street; (4) In
Area “A” (Lot 132) and Area “D” (Lot 134) all dwelling units with a 5 foot setback
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from the private street shall have garages installed with a automatic garage door
opener and parking shall be prohibited on the driveway leading to the garage; (5)
Area “A” (Lot 132) is being approved as a condominium permit for residential
homeownership purposes. If any of the units in the project are rented, the
minimum time increment for such rental shall be not less than 26 days. A condition
so stating this &all be placed in the CC&R’s for the project; and (6) all structures
and roofs witbin the project area shall be earth tone in color to reduce visual
impacts, according to the color boards approved by the Planning Director.
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application.
Prior to the approval of any final map or the issuance of any petmits within the
Zone 20 Specific 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 Citfs Growth Management Plan to the extent permitted by
applicable state law for legislative acts. If the mitigation involves a financing
scheme such as a Mello-Roos Community Facilities District which is inconsistent
with the City’s Growth Management Plan including City Council Policy Statement
No. 38, the developer shall submit disclosure documents for approval by the City
Manager and City Attorney which 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 rn.inimum the project
CC&R’s shall require maximum disclosure and signed statements for disclosures
upon transfer of residential property’.
Prior to the issuance of the building permit there shall be a Notice of Restriction
placed on the deed to this property subject to the satisfaction of the Planning
Director notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Vesting Tentative Map, Planned Development Permit, Site
Development Plan, and Hillside Development Permit by Resolutions No.‘s 3591,
3592, 3593, and 3594 on the real property owned by the declarant. Said Notice
of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. Said Notice of
Restriction may be modified or terminated only with the approval of the Planning
Director, Planning Commission or City Council of the City of Carlsbad whichever has
final decision authority for this project.
All roof appurtenances, including air conditions, shall be architecturally integrated
and concealed from view and sound buffered from adjacent properties and streets,
in substance as provided in Building Department Policy No. 80-6, to the satisfaction
of the Directors of Planning and Building.
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In Area “A” (Lot 132 & 133) and “D” (Lot 134), all visitor parking spaces shall be
striped a different color than the assigned resident parking spaces and shall be
clearly marked as may be approved by the Planning Director prior to occupancy of
individual units.
The developer shall display a current Zoning and Land Use Map in the sales office
at all times, or suitable alternative to the satisfaction of the Planning Director.
Trash receptacle areas in Area “A” (Lot 132 & 133) and ‘all Lot 134) shah be
enclosed by a six foot high masonry wall with gates pursuant to City standards.
The enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
For Area “A” (Lot 132 & 133) and “D” (Lot 134) an exterior lighting plan including
parking areas shall be submitted for Planning Director approval prior to issuance of
building permits. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
The applicant shall submit a wall and fencing plan subject to Planning Director
approval prior to issuance of building permits.
Prior to issuance of a building permit the applicant shall submit detailed building
elevations and floor plans of the recreational buildings in Area “A” (Lot 132) and
“D” (Lot 134) subject to approval by the Planning Director.
Prior to approval of the final map or issuance of building permits, whichever occurs
first, the applicant shah establish a process to notify, to the satisfaction of the
Planning Director and City Attorney, all owners, users and tenants of this project
that a community park site is located to the west the project.
This project shah comply with the requirements of the Zone 20 Specific Plan (SP
203).
To service this development the project shah provide bus stop facilities at locations
subject to the satisfaction of the North County Transit District. Said facilities shah
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 shah be subject to the
approval of the Planning Director and North County Transit District.
Prior to approval of the final map, the owner proposing a future community facility
development shall obtain Planning Director approval of a program to disclose the
potential conununity facility use to future owners of the surrounding properties.
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31.
32.
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Prior to approval of the final map an irrevocable offer of dedication to the City of
Carlsbad, Open Space District or other similar entity designated by the City of
Carlsbad, for a perpetual easement for public trails over, upon and across Lot 132
as shown on the tentative map shall be made on the final map for trails that are
part of the Carlsbad Trail System, see Exhibit “A”, dated December 15, 1993.
If prior to recordation of final map, the City of Carlsbad adopts the financing
mechanism necessary to implement the Carlsbad Trail System, the trails shown on
the tentative map shall be constructed prior to occupancy of the first unit (within
a phase), and shall be constructed by the developer, pursuant to the guidelines of
the Open Space and Conservation Resource Management Plan, and dedicated to the
City of Carlsbad. If the City of Carlsbad accepts dedication of the traiI easement,
the City shall assume responsibility, maintenance and liability for the trail(s).
If prior to recordation of final map, the City of Carlsbad does not adopt the
financing mechanism necessary to implement the Carlsbad Trail System, the
applicant will not be required to construct the proposed trails. Said trail easement
shall be maintained by the Homeowner Association as shall be stated in the CC&R’s.
Prior to final map approval the 24 foot wide driveway in Area “D” (hot 134) which
leads to the recreational vehicle storage area shall be widened to 30 feet to comply
with the requirements of the Planned,Development Ordinance.
Prior to final map approval Building 12 in Area “A” (hot 132) shall be setback 5 feet
from the private street leading to the unit.
Prior to approval of the final map for Area “B” and “c’ (single-family lots) the
applicant shall submit a Site Development Plan for Planning Director approval which
shall address: (1) provisions for a percentage of single-story homes along the ridge;
(2) building height; (3) distance between structures and building placement on the
lot; (4) distance from top of slopes; (5) slopes of roofs; and, (6) building materials
and colors.
Affordable Housing Conditions:
35. This project is approved, subject to the condition that the required income-restricted
units shall be constructed concurrent with the project’s market rate units, unless
both the final decision making authority of the City and the developer agree within
an Affordable Housing Agreement to an alternate schedule for development.
36. The project shall construct 63 housing units affordable to persons and families of
lower income and comply with all the requirements of the Affordable Housing Plan
of the Zone 20 Specific Plan (SP 203). Six (6) of the 63 units shall have 3 or more
bedrooms.
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37. Prior to final map approval, an Affordable Housing Agreement shall be required to
be submitted by the applicant to the City, approved by the Planning Director and
Director of Housing and Redevelopment, and completed and recorded as a deed
restriction on those units of the project which are designated for the location of
low-income affordable units. The Affordable Housing Agreement shall be binding
to all future owners and successors in interest. The Affordable Housing Agreement,
for which the inclusionary housing requirement will be satisfied through new
construction of inclusionary units on-site, shall establish, but not be limited to, the
following:
h
C.
d.
F.-
g-
h.
The number of inchrsionary 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 inclusionary units (useful life of the
dwelling unit);
Schedule for production of the dwelling units;
Incentives and/or i?nancial assistance provided by the City;
Where applicable, terms and conditions establishing rules and
procedures for qualifying tenants, setting rental rates, filling
vacancies, and operating and maintaining units for affordable
inclusionary dwelling units;
Standards modifications granted by the City.
Sign Conditions:
38. Prior to occupancy of any of residential units in Area “A” (Lot 132 & 133) and “D”
(Lot 134), the applicant shall construct a directory sign at the entrance to the
project. The design of this sign shall be approved by the Planning Director.
39. 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.
40. Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
Landscane Conditions:
41. 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 the
final map.
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42.
43.
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49.
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51.
52.
A.l.l landscaping shall comply with the Landscape Requirements of the Zone 20
Specific Plan (SP 230).
Prior to approval of building permits, all manufactured off-site slopes created by this
project shall be landscaped to the satisfaction of the Planning Director, and shall
include at a minimum, landscaping to control erosion and to provide visual
screening of the slopes.
Prior to approval of the final map, the applicant shall establish a 10 foot iandscape
easement along the project’s street frontage on Hidden Valley Road. These planting
easements shall be planted by the applicant per the landscape requirements of the
Zone 20 Specific Plan prior to occupancy of individual units.
All building pad and street areas that are graded and remain vacant or undeveloped
for a period of more than 6 months after the grading operation is completed shall
be seeded to reduce erosion and visual impacts. If grading is phased, the six month
time period shall start at the completion of each individual grading phase.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash and debris.
The developer shall install street trees at the equivalent of 40-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone 1
plants (see Landscape Manual) shall be limited to areas of special visual importance
or high use. Mulches shall be used and irrigation equipment and design shall
promote water conservation.
The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or too large relative to the lot size.
Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
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53. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
54. The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
55. All landscape and irrigation plans shall show existing and proposed contours and
shall match the grading plans in terms of scale and location of improvements.
56. 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 Phmning Director.
57. The number of trees in the project shall be equal to or greater than the number of
residential units.
58. 20% of the trees in the project shall be 24" box or greater.
EWironmental Mitigation Conditions:
59.
60.
To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello II Local Coastal Program, prior to final map approval, the
applicant shall execute an agreement to pay a $lO,OOO.OO (per converted acre)
agricultural mitigation fee. The fee shall be paid prior to issuance of a building
permit.
Compliance with APCD Rules 51 (The “Nuisance” Rule), 52 (Particulate Matter),
and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust
impacts generated during grading operations. A note shall be placed on the grading
permit stipulating that the following measures shall be required to achieve
compliance with these rules, and reduce construction-related air pollutants:
a.
b.
C.
d.
e.
The watering of all surfaces being graded and haul routes shall be
required during dry weather conditions.
All unpaved areas shall be revegetated according to approved
landscape plans as soon as possible after grading.
AU construction-related traffic shall be restricted to routes that are
dust-controlled, and reduced speed limits shaJl be maintained for all
haul and construction vehicles.
All construction activities shall be limited during periods of high
winds.
All heavy-duty, diesel-powered construction equipment shall be
operated according to manufacturers suggested operating instruction
(with the fuel-injection timing retarded to recommended levels for
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61.
62.
63.
64.
65.
f.
NO, emissions, but which would not result in excessive visible smoke
emissions) in order to control pollutant emissions.
Construction equipment shall be subject to regularly scheduled
maintenance/tune-ups, and be turned off when not being utilized to
avoid excessive idling emissions.
The application of architectural coating and cut-back asphalt shall
adhere to APCD Rules 67.0 and 67.7, to effectively control other
construction-related emissions of air pollutants.
h. The Engineering Department shall monitor for compliance during all
grading operations of the project.
The Homeowners Association and apartment project owner shall obtain and
distribute to owners and tenants annual information from Caltrans and North
County Transit regarding the availability of public transportation, ride-sharing, and
transportation pooling services in the area. This information shall also be provided
in the sales and rental offices of the project. A condition so stating this shall also
be placed in the CC&R’s for the project.
Prior to approval of a grading permit a detailed soils testing and analysis report
shall be prepared by registered soils engineer and submitted to the Planning
Department and County Health Department for review and approval. The report
shall identify a range of possible mitigation measures to remediate any potentially
significant public health impacts if hazardous pesticides or other chemicals are
detected at high concentrations in the soil.
Prior to occupancy of individual units a solid wall or fence, and. landscaped
windbreaks shall be installed along the perimeter of any future developable area
that abuts property under “open field” cultivation, in order to reduce public nuisance
effects of adjacent pesticide spraying and dust generation from farm vehicles and
operations.
Prior to approval of the final map or issuance of a building permit, which ever
occurs first, a minimum 25-foot wide open space easement shall be provided
between “open field” agricultural operations and the adjacent lot lines of future
developable areas onsite. This buffer area may be located on the adjacent
agricultural property.
Prior to approval of a final map or issuance of a building permit, which ever occurs
first, an infrastructure improvement plan shall be submitted to the Planning and
Engineering Departments for review and approval by the Planning Director and City
Engineer. This plan shall illustrate the temporary road connections required to
maintain continued access to adjacent agricultural properties that could be impacted
by future roadway improvements.
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66.
67.
68.
69.
70.
Drainage water from buildings, streets, parking lots, and landscaped areas within
the project shall be disposed of through stormdrains or otherwise in a manner that
will avoid any runoff onto agricultural areas whether planted or fallow. All runoff
agricultural and urban shall conform with the National Pollution Discharge and
FJimination System Permit requirements pursuant to San Diego Regional Water
Quality Control Board Order No. 90-42, adopted by City Council Resolution No. 90- 235.
Prior to approval of the final map or issuance of building permits, whichever occurs
first, the applicant shall establish a process to notify, to the satisfaction of the
Planning Director and City Attorney, all owners, users and tenants of this project
that this area is subject to dust, pesticides, and odors associated with adjacent
agricultural operations, and that the owners, users, and tenants occupy this area at
their on risk.
Paleontology:
a.
b.
C.
d.
e.
Prior to any grading of the project site, a paleontologist shall be
retained to perform a walkover survey of the site and to review the
grading plans to determine if the proposed grading will impact fossil
resources. A copy of the paleontologist’s report shall be provided to
the Planning Director prior to issuance of a grading permit.
A qualified paleontologist shall be retained to perform periodic
inspections of the site and to salvage exposed fossils. Due to the
small nature of some of the fossils present in the geologic strata, it
may be necessary to collect matrix samples for laboratory processing
through fme screens. The paleontologist shall make periodic reports
to the Planning Director during the grading process.
The paleontologist shall be allowed to divert or direct grading in the
area of an exposed fossil in order to facilitate evaluation and, if
necessary, salvage artifacts.
All fossils collected shall be donated to a public, non-profit institution
with a research interest in the materials, such as the San Diego
Natural History Museum.
Any conflicts regarding the role of the paleontologist and the grading
activities of the project shall be resolved by the Planning Director.
Prior to issuance of a building permit the project shall comply with the City of
Carlsbad’s standards for solid waste management.
All grading shall comply with the recommendations of Pacific Soils Fngineering, Inc.
Preliminary Geotechnical Investigation dated February 6,1989 and any subsequent
amendments, and on file in the Planning Department.
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71.
72.
73.
74.
75.
To reduce the visual impacts of the project, a percentage of single-family homes
along the north/south trending and gently sloping ridgeline shall be one-story in
height and have varying roof lines. Prior to approval of the final map the applicant
shall establish a mechanism to guarantee that a percentage of the homes in Area “B”
are constructed as one-story, to the satisfaction of the Planning Director.
All structures and roofs within the project shall be earth tone in color. Prior to
issuance of the first building permit the applicant shall submit to the Planning
Department a sample color board depicting the proposed earth tones subject to the
approval of the Planning Director.
To reduce the visual impacts of manufactured slopes and roadway cuts, all cut and
fill slopes shall be landform-graded, contoured, and heavily screened by landscaping
in conformance with Specific Plan 203. All planted slopes shall be watered with a
complete irrigation system using low precipitation-rate sprinkler heads to stabilize
exposed slopes and curtail visual impacts associated with possible erosion.
Prior to approval of a final map, improvement plans shall be submitted to the
Engineering Department showing locations and sizing of reclaimed and or urban
runoff diversion facilities, in accordance with the Carlsbad Municipal Water District
requirements and the phasing schedule provided in the Zone 20 LFMP. Reclaimed
water facilities shall be constructed in all major roadways within the project.
Prior to final map approval, the applicant shall be required: (1) to consult with U.S.
Fish and Wildlife Service (FWS) regarding the impact of the project on the Coastal
California Gnatcatcher; and, (2) be issued any permits required by the FWS.
Emineerinfz Conditions:
76. Direct access rights for all lots abutting Hidden Valley Road, Cherry Blossom Road
west of Alga Road and Alga Road shall be waived on the final map.
77. This project is located within the Mello II Local Coastal Plan. All development
design shall comply with the requirements of that plan.
78. Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
79. The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
80. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
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81.
82.
83.
84.
85.
86.
87.
The applicant shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights,
storm drain facilities and sewer facilities located therein and to distribute the costs
of such maintenance in an equitable manner among the owners of the properties
within the subdivision. Adequate provision for such maintenance shall be included
with the CC&R’s subject to the approval of the City Engineer prior to final map
approval.
A note to the effect of the following shall be placed on a separate sheet of the final
map. All improvements are private and are to be privately maintained with the
exception of the following:
a. Hidden Valley Road, Cherry Blossom Road, Alga Road and Camino de las
Ondas.
b. The sewer and water improvements beneath the private internal streets.
A note shall be placed on the improvement plans stating which utilities are public
and which are private.
Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be
requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
The applicant shall defend, indemnity and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or its
agents, officers, or employees to attack, set aside, void or null an approval of the
City, the Planning Commission or City Engineer which has been brought against the
City within the time period provided for by Section 66499.37 of the Subdivision
Map Act.
Prior to issuance of a building permit for any buildable lot within the subdivision,
the property owner shall pay a one-time special development tax in accordance with
City Council Resolution No. 91-39.
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.
Prior to final map approval the applicant shall pay all current fees and deposits
required.
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88.
89.
90.
91.
92.
93.
94.
95.
Prior to approval of the final map, the owner shall enter into an agreement with the
City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
The owner of the subject property shall execute an agreement holding the City
harmless regarding drainage across the adjacent property prior to approval of the final map for this project.
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.
Upon completion of grading, the applicant shall ensure that an “as-graded” geologic
plan is submitted to the City Engineer. The plan shall clearly show all the geology
as exposed by the grading operation, all geologic corrective measures as actually
constructed and must be based on a contour map which represents both the pre and
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24” x 36” mylar or similar
drafting film and shall become a permanent record.
No grading shall occur outside the ‘limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the applicant
is unable to obtain the grading or slope easement, no grading permit will be issued.
In that case the applicant must either amend the tentative map or change the slope
so grading will not occur outside the project site in a manner which substantially
conforms to the approved tentative map as determined by the City Engineer and
Planning Director.
Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chapter 11.06.
The applicant shall construct desiltation/detention/urban pollutant basin(s) of a
type and a size and at location(s) as approved by the City Engineer. The applicant
shall enter into a basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, building permit
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96.
97.
98.
99.
100.
101.
102.
or final map whichever occurs first for this project. Each basin shall be serviced by
an all-weather access/maintenance road.
Additional drainage easements may be required. Drainage structures shall be
provided for prior to the issuance of grading or building permit as may be required
by the City Engineer.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer
shall be made by a certificate on the final map 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.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The applicant shall conform to Section 20.16.095 of the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
Prior to approval of any grading or building permits for this project, the owner shall
give written consent to the annexation of the area shown within the boundaries of
the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
The drainage system shall be designed to ensure that runoff resulting from lo-year
frequency storms of 6 hours and 24 hours duration under developed conditions, are
equal to or less than the runoff from a storm of the same frequency and duration
under existing developed conditions. Both 6 hour and 24 hour storm durations shall
be analyzed to determine the detention basin capacities necessary to accomplish the
desired results prior to final map approval, issuance of building or grading permits
whichever occurs first.
The applicant shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
This project 6 specifically approved as four (4) units for the purposes of recording.
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103
. . .
Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of final map
in accordance with City Standards, the applicant shall install, or agree to install .and
secure with appropriate security as provided by law, improvements shown on the
tentative map and the following improvements:
With the First Final Man
A.
B.
C.
D.
E.
F.
Alga Road onsite and offsite to Camino de Las Ondas shall be improved to
full major arterial standards, including all necessary drainage and subsurface
UtilitieS.
Alga Road offsite from Camino de las Ondas to Poinsettia Lane shall be fully
graded to major arterial standards. Full landscaped median, two 14 foot
wide ttSic lanes on either side of the median, all necessary drainage
facilities and any subsurface utility lines that may be required are to be
improved.
Cherry Blossom Road shall be constructed to N1 collector street standards
from Alga Road to Hidden Valley Road including all drainage sewer and
utility improvements.
Hidden Valley Road offsite from Cherry Blossom Road to Palomar Airport
Road shall be constructed with a 28 foot wide paved roadway with sufficient
drainage control facilities as may be required by the City Engineer, including
environmental mitigation improvements and sewer, water, and utilities that
would be located underneath the 28 foot wide roadway.
Modification to the median island on Palomar Airport Road at the
intersection with Hidden Valley Road to provide appropriate left turn pockets
onto Hidden Valley Road.
Fully actuated traflic signals at Hidden Valley Road/Palomar Airport Road,
Alga Road/Poinsettia Lane and Alga Road/Cherry Blossom Road. Actual
construction of the above noted signals shall be at the direction of the City
Engineer when traffic signal warrants are met. The developer is eligible for
reimbursement for the installation of the traffic signals at Hidden Valley
Road/Palomar Airport Road (PAR) and Alga Road/Poinsettia Lane from
Public Facilities Fees collected by the City. The cost of the median island
modifications on PAR to provide left turn pockets is not eligible for
reimbursement.
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104.
Area A
A. Full improvement of Cherry Blossom Road east of Alga Road including all
improvements on and offsite necessary to complete the temporary cul-de-sac
and handle the drainage needs.
B. Full improvement of Camino de las Ondas on and offsite from Alga Road east
to the temporary culde-sac to local street standards including all necessary
drainage and utility improvements.
C.
D.
Full improvement of the temporary sewer pump station and force main
All onsite and offsite sewer, water and utility improvement necessary to serve
Area A.
AreaB
A. All onsite sewer, water and utility improvement necessary to serve Area B.
Area C
A. All onsite sewer, water and utility improvements necessary to serve Area C.
B. Public access trail from Antherium Drive to Hidden Valley Road.
Area D
A. Hidden Valley Road adjacent to Area D to one half of super collector street
standards including all necessary drainage improvements and all utility
improvements required beneath the pavement section.
B. All onsite sewer, water and utility improvements necessary to serve Area D.
C. Public access trail from Antheritmr Drive to Hidden Valley Road.
A note to this effect shall be placed on an additional map sheet on the final map per
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
The developer shall install street lights along all public and private street frontages
in conformance with City of Carlsbad Standards.
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The design of all private streets and drainage systems shall be approved by the City
Engineer prior to approval of the final map for this project. The structural section
of all private streets shall conform to City of Carlsbad Standards based on R-value
tests. All private streets and drainage systems shall be inspected by the City, and
the standard improvement, plan check and inspection fees shall be paid prior to
approval of the final map for this project.
Prior to issuance of the 51s building permit within Area C a secondary access road
shall be constructed consistent with City Standards.
The 20 foot public access easement shown along the southern boundary of Area D
shall be increased to 30 feet if the developer and the City are unable to secure an
additional 10 foot access easement from the adjacent property owner to the south
or if no walls or fencing are placed within the stated 30 foot pedestrian area a 20
foot wide pedestrian easement shall be sufficient subject to the satisfaction of the
City Engineer prior to final map recordation.
The internal lot drainage shown for Area A shall be redesigned to accommodate the
proposed surface and recreational improvements, subject to the approval of the City
Engineer.
The units within Area D are proposed to be recorded within a single final map.
Should the developer wish to record these units on multiple final maps, the phasing
for construction of the internal improvements, for such multiple maps must be
approved by the City Engineer and Planning Director.
Prior to final map approval, the subdivider shall secure the dedication of all the
offsite easements necessary to construct the offsite sewer, water, drainage, slope and
roadway improvements required by these conditions.
The alignment of Hidden Valley Road shown on Sheet 2 of the tentative map is
specifically not approved. Prior to submittal of the final map the subdivider shall
realign Hidden Valley Road approximately 10 feet to the east between Stations 58
and 70 to provide additional room for the riparian mitigation on the west side of
Hidden Valley Road.
Hidden Valley Road shall be dedicated to the City from the subdivision boundary to
Palomar Airport Road, based upon a right-of-way width of 68 feet including all
necessary slope and drainage easements.
Alga Road shall be dedicated to the City from the subdivision boundary to Poinsettia
Lane based on a right-of-way width of 102 feet including all necessary slope and
drainage easements.
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114. Camino de las Ondas shall be dedicated to the City from Alga Road to the end of
the temporary cul-de-sac as shown on the tentative map.
Carlsbad Mu&i& Water District Conditions:
115. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands are
met.
116. 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.
117. Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection
requirements.
b. Prepare a colored reclaimed water use area map and submit to the Planning
Department or processing and approval.
C. Schedule a meeting with the District Engineer for review, comment and
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan for
potable, reclaimed and sewer systems prior to the preparation of
improvement plans.
118. This project is approved upon the expressed condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water service and sewer facilities are
available at the time of application for such water service and sewer permits will
continue to be available until time of occupancy. This note shall be placed on the
final map.
119. Developer shall be responsible for the following systems/lines:
A. Potable Systems:
1.
2.
3.
Install 12” line in Hidden Valley Road from south property line to
north property line. Developer shaIl be eligible for reimbursement if
oversizing of line occurs. (375 H-G.)
Install 12” line (375 H-G.) in Woodruff Road and Coneflower Drive.
Install 12” line (550 H-G.) in Woodruff Road, Coneflower Drive,
Cherry Blossom Road and Narcissus Drive.
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Install 18” line (375 H-G.) in Alga Road. Developer shall be eligible
for reimbursement.
Install 12” line (550 H-G.) in Alga Road from south to north property
lines.
The District has an existing 6” waterline (potable) along the southerly
property line. Developer shall relocate at his expense.
B) Reclaimed svstems:
1. 2. 3.
Install 12” line in Alga Road from north to south property lines.
Install lines to adequately serve area “A” and area “D”.
Install system to service all open space and slopes as determined by
District.
0 Sewer Systems:
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2.
Pursuant to local facilities management plan Zone 20, install 8” local
trunk line in Hidden Valley Road from southerly property line to San
Marcos Interceptor line (gravity).
Install 12” hunk line (VBT2 per Zone 20) in Laurel Tree Drive (or
Alga Road).
Any temporary sewer service alternates must be approved by the District
Engineer.
Fire Conditions:
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124.
Additional on-site public water mains and fire hydrants are required.
Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing public water mains and fire hydrants.
The plan should include off-site fire hydrants within 200 feet of the project.
Applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When in the opinion of the
Fire Chief, the access road has become unserviceable due to inclement weather or
other reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
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125. All security gage systems controlling vehicular access shall be equipped with a
“Knox”, key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation.
126. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
sprinkler systems and other fire protection systems shall be submitted to the Fire
Department for approval prior to construction.
127. An approved automatic fire sprinkler system shall be installed in buildings having
an aggregate floor area exceeding 10,000 square feet.
128. 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.
129. A monument sign shall be installed at the entrance to the driveway or private street
indicating the addresses of the buildings on site.
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.
ATTEST:
MICHAEL J. MLZtiLLER
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3592
A RESOLUTION OF THE PLANNING COMMISSLON OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT TO DEVELOP 129 SINGLE-
FAMILY LOTS, 76 TOWNHOMES, 72 CONDOMINIUM UNITS, 72
APARTMENT UNITS, AND TWO FUTURE COMMUNITY FACILITY
SITES, ALL ON PROPERTY GENERALLY LOCATED EAST OF PASEO
DEL NORTE, NORTH OF CAMINO DE LAS ONDAS, AND SOUTH OF
PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT
PLAN ZONE 20.
CASE NAME: SAMBI
CASE NO: PUD 92-03
WHEREAS, a verified application for certain property to wit:
The South Half of the Southeast Quarter and the South 60
acres of the North Half of the Southeast Quarter of Section 21,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, County of San Diego, State of California, according
to United States Government Survey, approved October 25, 1875, according to the Official Plat thereof.
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.
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B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL, of PUD 92-03, based on the following findings and subject
to the following conditions:
Firdims:
1. The project is consistent with the Zone 20 Specific Plan since the RM designation
allows the development of low density apartment, condominium, or townhome
developments that range in density from 4 to 8 d&acre with a 6 dus/acre growth
management control point. The RLM designation allows single-family homes that
range in density from 0 to 4 dwelling units per acre with a 3.2 dus/acre growth
control point. The net density in the RLM portion of the project is 9.18 dwelling
units per acre and the net density in the RM portion is 4.4 dwelling units per acre.
The project contains a combination of an overall net density of 5.8 d&acre,
therefore, the project, exclusive of the density bonus request, is consistent with the
growth management dwelling unit allowance for the parcel.
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
District Engineer determines that sewer service is available, and building cannot
occur within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
3. The project is in compliance with the adopted mitigation measures of Final
Environmental Impact Report 90-03 and would not create any additional significant
adverse environmental impacts.
4. The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
5. This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 20.
6. School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified School District.
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7.
8.
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To ensure the availability of school facilities in the Carl&ad 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 complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code.
The granting of this permit will not adversely affect and will be consistent with
Chapter 21.45, the Zone 20 Specific Plan, and all adopted plans of the City and
other governmental agencies.
The proposed use is necessary and desirable to provide a service or facility which
will contribute to the long-term general well-being of the neighborhood and the
community, because the development of two community facility sites, single-family
lots, condominiums, townhomes, and apartments would provide a balance and mix
of land uses within the Zone 20 Specific Plan A majority of the residential
development planned for the specific plan area would be standard single-family
homes on 7,500 to 10,000 square foot lots. The development of higher density
multi-family units in close proximity to natural open space, Poinsettia Community
Park, and future Alga Road, in addition to the provision of apartment units
affordable to lower income household would create a more diversified and balanced
community.
Such use will not be detrimental to the health, safety or general weke of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity, because the project is designed to preserve the coastal sage scrub habitat
located along the eastern portion of Area “A”. This open space would connect with
the larger open space located in the central canyon. Drainage facilities would be
provided concurrent with development of the project to reduce erosion and flooding.
All manufactured slopes would be landscaped to prevent erosion and to visually
screen the slopes.
The proposed planned development meets all of the minimum development
standards set forth in Section 21.45.090, the design criteria set forth in Section
21.45080, and has been designed in accordance with the concepts contained in the
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15.
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Design Guidelines Manual for the following reasons:
a.
b.
C.
d.
The local streets in the single-family portion of the project would have curb,
gutter, and sidewalks on both sides, and have 36 to 40 feet of paving. This
exceeds the 30 foot minimum private street width standard.
The project would provide a mixture of one and two-story homes, and the
multi-family buildings would have varied roof lines, and a variety of ti-ont
building elevations and front yard setbacks.
Adequate recreational vehicle storage space would be prkided within the
individual projects and be sufficiently screened from the public right-of-way
and surrounding properties.
The single-family homes would have, at a minimum two car garages which
would meet the parking and storage requirements of the ordinance, and
guest parking would be provided on both sides of the streets. The
condominiums and townhomes all have two covered parking spaces,
including garages and carports for residents, and guest parking is dispersed
along the internal driveways.
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, except the 30 foot slope height standard as permitted
per the Site Development Plan. The manufactured slopes would be landscaped, and
the single-family lots would terrace down the slope towards the west to conform
with the topography. The homes have roof lines that are varied and relate to the
topography. Ln addition, the northeastern comer of the site would be preserved to
protect the coastal sage habitat and to provide open space in the central canyon.
The project’s circulation system is designed to be e.fEcient and well integrated with
the project and does not dominate the project the local streets in the project
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.
General Planning Conditions:
1. Recommendation of approval is granted for PUD 92-03, as shown on Exhibits “A” -
‘WY’, dated December 15, 1993 iricorporated by reference and on file in the
Planning Department. Development shall occur substantially as shown unless
otherwise noted in these conditions.
PC RESO NO 3592 4
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2. Approval of PUD 92-03 is granted subject to the approval of CT 92-02, SDP 92-06,
HDP 92-03, and the Conditional Negative Declaration.
3. All conditions of approval for the CT 92-02 as contained in Planning Resolution No.
3591 are applicable and incorporated through this reference.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of December, 1993,
by the following vote, to wit:
AYES: Chairman Noble, Commissioners: Schlehuber, Betz, Welshons,
Savary & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO 3592
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PLANNING COMMISSION RESOLUTION NO. 3593
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE
DEVELOPMENT PLAN TO DEVELOP 129 SINGLE-FAMILY LOTS, 76
TOWNHOMES, 72 CONDOMINIUM UNITS, 72 APARTMENT UNITS,
AND TWO FUTURE COMMUNITY FACILITY SITES, ALL ON
PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE,
NORTH OF CAMINO DE LAS ONDAS, SOUTH OF PALOMAR
AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT PLAN ZONE
20.
CASE NAME: SAMBI
CASE NO: SDP 92-06
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:
The South Half of the Southeast Quarter and the South 60 acres of
the North Half of the Southeast Quarter of Section 21, Township 12
South, Range 4 West, San Bernardino Base and Meridian, County of
San Diego, State of California, according to United States Government
Survey, approved October 25, 1875, according, to the Official Plat
thereof.
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 SDP 92-06.
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.
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B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of SDP 92-06, based on the following findings and
subject to the following conditions:
Findinszs:
1. 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
District 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.
2. 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.
3. This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 20.
4. School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified District.
5. To ensure the availability of school faciIities in the Carlsbad Unified school District
the applicant will submit evidence to the City that impacts to school facilities wiJl
be mitigated in conformance with the City’s Growth Management Plan to the extent
permitted by applicable state law for legislative acts.
6.
7.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
conditions of approval.
8. 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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9.
10.
11.
12.
The project provides affordable housing units that will he available to low income
households and the modikation to the Hillside Standard for slope height would not
have a detrimental effect on public health, safety or welfare because the creation of
a 43 foot high manufactured fill slope that exceeds the 30 foot standard does not
pose a health and safety problem if the recommendations of the projects’s
geotechnical report are adhered to. The slope height standard of 30 feet is an
aesthetic regulation intended to minimize visual impacts created by large
manufactured slopes. The overheight slope would be contour graded and
adequately landscaped to provide for visual screening, thus, offsetting any visual
impacts created by the additional 12 feet of slope height.
That the requested use is properly related to the site, surroundings and
environmental settings, is consistent with the various elements and objectives of the
general plan, will not be detrimental to existing uses or to uses specifically
permitted in the area in which the proposed use is to be located, and will not
adversely impact the site, surroundings or traffic circulation because the project is
consistent with the General Plan and Zone 20 Specific Plan. The project would not
have a significant impact on the environment. The proposed residential land uses
are compatible in scale, architecture, and building materials with the multi-family
residential development to the south the future community park to the west. Public
street improvements would be provided to accommodate traffic generated by the
project and the project must comply with all the circulation and public facility
requirements of Local Facilities Management Plan Zone 20.
That the site for the intended use is adequate in size and shape to accommodate the
use because the project complies with all City ordinances and polices except for the
Hillside Ordinance’s slope height standard as explained in Section C(2) of this
report, therefore, the parcel is adequate in size, shape and slope to accommodate
the proposed land uses.
That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained because the project would be
conditioned to provide a solid wall or fence, and landscaped windbreaks along the
perimeter of any future developable area that abuts property under “open field”
cultivation, in order to reduce public nuisance effects of adjacent pesticide spraying
and dust generation from farm operations and for the following reasons:
Area “B” and “c’ - Single-family Residential:
a. Standard R-l Zone front, side and rear setbacks would be provided for each
home, and all homes would have at least a two-car garages to satisfy off-
street parking requirements.
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a. The bulk and scale of the proposed two-story condominiums, townhouses,
and apartment buildings would be compatible with the existing and
surrounding residential development to the south. The proposed multi-family
townhomes would provide an appropriate transition between the proposed
single-family land use to the east and the future community park land use to
the west.
b. The design of the project would assure a unique mix of residential
development, and enhance the aesthetic quality of the area as follows:
i. The street setbacks would be landscaped with a combination of trees
and shrubs to partially screen the residential structures from the
public streets.
ii. The building elevations would have textured stucco exteriors and tile
and metal roofs, varied roof lines, architectural accent features and
building forms, and varied building facades.
. . . Ill. The dwelling units would be orientated at various angles along the
driveways to provide an enclosure of space between the buildings and
to provide more visual interest when the ,project is viewed from the
public streets.
12. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use for the following reasons:
Area “B” and “c’ - Single-Family Residential:
All the local, collector, and major streets, both within and offsite of this project
would be constructed to City standards, have underground utilities, and contain
public sidewalks. A pedestrian access is provided between Lots 47 and 48 in Area
“c’ to allow access to future Hidden Valley Road and Poinsettia Community Park.
Area “A” and “D” - Multi-Family Residential And Community Facility Site:
a. The project would provide adequate onsite parking (498 parking spaces) and
circulation to serve the needs of the residents and their guests, and it would
not impact the availability of offsite street parking.
PC RESO NO 3593 4
b. The front yards of all the lots would be landscaped with a minimum of 3
street trees of varying sizes, and the 50 foot setback along Alga Road would
be landform graded and heavily landscaped.
Area “A” and “JY’ - Multi-Family Residential And Community Facility Site:
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b.
C.
d.
e.
Conditions:
1.
2.
3.
4.
. . . .
. . . .
. . . .
Sidewalks and drainage facilities would be provided along the project’s street
frontages to serve the project.
The proposed 30 to 45 foot wide central private driveways would be
adequate to provide safe and efficient traffic circulation, vehicle turn
movements, and emergency access;
An internal pedestrian circulation system that is separated from the
driveways within the multi-family projects would be provided and allow
sufficient and safe access to the recreation facility and adjacent public streets.
Adequate access for emergency vehicles is provided by the central 30 to 45
foot wide private driveways that service the multi-family projects. The 30
to 45 foot wide driveways are also wide enough to accommodate emergency
vehicles, and the project would be conditioned to prohibit parallel parking
along the 30 foot wide driveways. The project has been reviewed and
approved by the Fire Department.
All conditions of approval for CT 92-02 as contained in Planning Commission
Resolution No. 3591 are applicable to this approval and incorporated through this
reference.
Approval for SDP 92-06, as shown on Exhibits “A” - ‘WY”, dated December 15,
1993, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown on the approved exhibits. Any
proposed grading and/or development substantially different from this approval as
determined by the Planning Director, shall require an amendment to this permit.
Approval of SDP 92-06 is subject to approval of CX 92-02, PUD 92-03, and HDP 92-
03.
The approval for the apartment portion of the Site Development Plan shall become
null and void if building permits are not issued for this portion of the project within
one year from the date of final map recordation creating Lot 133, unless otherwise
stated in an approved affordable housing agreement for the site.
PC RESO NO 3593 5
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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.
I.
BAILEY NOBLK Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H%ZMILtiR
PLANNING DIRECTOR
PC RESO NO 3593
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PLANNING COMMISSION RESOLUTION NO. 3594
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
DEVELOP 129 SINGLE-FAMILY LOTS, 76 TOWNHOMES, 72
CONDOMINIUM UNITS, 72 APARTMENT UNITS, AND TWO
FUTURE COMMUNITY FACILITY SITES, ALL ON PROPERTY
GENERALLY LOCATED EAST OF PASEO DEL NORTE, NORTH
OF CAMINO DE LAS ONDAS, SOUTH OF PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20.
CASE NAME: SAMBI
CASE NO: HDP 92-03
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:
The South Half of the Southeast Quarter and the South 60 acres of
the North Half of the Southeast Quarter of Section 21, Township 12
South, Range 4 West, San Bernardino Base and Meridian, County of
San Diego, State of California, according to United States Government
Survey, approved October 25, 1875, according to the Official Plat
thereof.
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 92-03.
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.
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That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of HDP 92-03, based on the following findings and subject
to the following conditions:
Findinns:
1.
2.
. . . .
That hillside conditions and undevelopable areas of the project have been properly
identied because the site’s hillside slope conditions and undevelopable areas have
been identified on a slope constraints exhibit.
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 for the following reasons:
a.
b.
C.
d.
e.
f.
All manufactured cut and fill slopes are landforrn/contour graded and do not
exceed a height of 30 feet, except for the 43 foot high slope along the
eastern portion of the apartment development in Area “A” per the Site
Development Plan.
The project’s cut/fill grading volumes of 8,652 cubic yards per graded acre
faUs within the “potentially acceptable range” of 8,000 - 10,000 cubic
yards/acre. Included in these volumes is 86,000 cubic yards of grading for
Alga Road which is a circulation element roadway. When grading for Alga
Road is subtracted out of the grading calculations, the project’s grading
volumes are reduced to 7,773 cubic yards per graded acre and are within the
“acceptable range”.
Landscaping in conformance with the Zone 20 Specific Plan and the City’s
Landscape Manual would be provided on ah manufactured slopes to assist in
visually screening the slopes and to reduce erosion.
AU structures and roofs within the project would be earth tone in color to
reduce visual impacts.
A percentage of the homes along the north/south trending and gently sloping
ridgeline would be one-story in height and all homes would have varying
roof lines.
The multi-family residential buildings are setback from the top of
manufactured slopes from a range of 15 to 60 feet, along the eastern portion
of Area “A’.
PC RESO NO. 3594 2
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4.
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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 except for Alga Road no
development or grading would occur in the areas containing 40%+ slopes. Grading
of 40% slopes would be necessary to construct portions of Alga Road. Areas where
circulation element roadways must be placed and no feasible alternatives consistent
with this chapter are available may be excluded from the requirements of the
Hillside Development Regulations by the decision making body based on Section
21.95.090(b)(2) of the ordinance. The alignment of Alga Road in this area was
established with the approval of the tentative map for Cobblestone Sea Village ((x
84-32). Analysis of alternatives for Alga Road indicated that due to constraints
from the SDG&E powerline easement that traverses through the main canyon there
is no feasible alternative consistent with the Hillside Development Regulations,
therefore, the Planning Commission excludes grading for Alga Road from the 40%
slope standard.
That the project design and lot configuration minimizes disturbance of hillside lands
because the proposed grading would create single-family building pads that are
terraced for views and step down the slope. A majority of the local streets and
manufactured slopes are curving and are aligned to follow the north/south trending
contours. The street alignments and curving landform graded slopes would reduce
visual impacts created by the grading and help simulate the natural slope conditions.
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
District Engineer determines that sewer service is available, and building cannot
occur within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they ‘apply to sewer service for this project.
The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 20.
PC RESO NO. 3594 3
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10.
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School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified District.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the general plan.
Conditions:
1.
2.
3.
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
All conditions of approval for CT 92-02 as contained in Planning Commission
Resolution No. 3591 are applicable to this approval and incorporated through this
reference.
Approval for HDP 92-03, as shown on Exhibits “A” - ‘YYY”, dated December 15,
1993, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown on the approved exhibits. Any
proposed grading and/or development substantially different from this approval as
determined by the Planning Director, shall require an amendment to this permit.
Approval of HDP 92-03 is subject to approval of CT 92-02, PUD 92-03, and SDP 92-
06, and the Conditional Negative Declaration.
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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.
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMIELER
PLANNING DIRECTOR
PCRESON0.3594 5
-. EXHIBIT 3
APPLiCA. A3N COMPLETE DATE:
JULY 8. 1992
STAFF PLANNER: JEFF GIBSON
STAFF REPORT
DATE: DECEMBER 15, 1393 0 2
TO: I’LAtJNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CT 92-02/‘PUD 92-03/SDP 92-06/HDP 92-03 - SAMBI - Request for
recommendation of approval for a Conditional Negative Declaration, a
Vesting Tentative Tract Map, Planned Development Permit, Site Development
Plan, and Hillside Development Permit to subdivide 129 single-family lots,
subdivide and construct 76 townhomes and 72 condominium units, construct
72 apartment units, and designate two future community facility sites, all on
property generally located east of Paseo de1 Norte, north of Camino de las
Hondas, and south of Palomar Airport Road, in the RD-M-Q Zone and R-l-
lO,COO-Q Zone in Local Facilities Management Plan Zone 20.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3590
recommending APPROVAL of the Negative Declaration issued by the Planning Director, and
ADOPT Planning Commission Resolution Nos. 3591,3592,3593, and 3594, recommending
APPROVAL of CT 92-02, PUD 92-03, SDP 92-06, and HDP 92-03, based on the findings
and subject to the conditions contained therein.
II. PROJECX D- ON AND BACKGROUND
The applicant is requesting recommendation of approval for a Vesting Tentative Tract Map,
Planned Development Permit, Site Development Plan, and Hillside Development Permit to
subdivide 129 single-family lots, subdivide and construct 76 townhomes and 72
condominium units, construct 72 apartment units, and designate two future community
facility sites, all on property generally located east of Paseo de1 Norte, north of Camino de
las Ondas, and south of Palomar Airport Road. The parcel is located in the Coastal Zone,
totals 68.5 gross acres, is undeveloped, and a majority of the site is currently under
agricultural cultivation.
The property has a split zoning and General Plan Land Use designation. The property is
located in the Residential Density-Multiple Zone with the Qualified Overlay Zone @D-M-Q)
and in the One-Family Residential Zone with the Qualified Overlay Zone (R-1-10,000-Q). The General Plan Land Use designation is Residential Medium (RM) and Residential
Medium Low (RLM). In addition, the project is subject to the requirements of the Zone
20 Specific Plan (SP 203) and Final Environmental Impact Report 90-3.
CT 92-02/PUD 92-03/SDr 92-06/HDP 92-03
SAMBI
DECEMBER 15,1993
PAGE 2
The applicant is processing a vesting tentative map which is different from a tentative map.
When a local agency, such as the City, approves a vesting tentative map, State law and
local ordinance (Title 20) stipulates that the approval of the map confers a vested right to
proceed with the development in substantial compliance with the local ordinances, policies,
and standards in effect at the time the application was deemed complete. It is a vested
guarantee that if an ordinance or standard changes before the vesting tentative map is finaled or building permits issued, the project would not be subject to the new
requirements.
As shown on Exhibits “A” - “YYY”, the project is divided into four different land use areas
as follows:
Area “A” - In the eastern portion of the site, east of future Alga Road, there would be: (1)
a 1.3 acre future community facility site and a natural open space area with a Citywide
trail link; (2) a 72 unit condominium development with two-story buildings, dwelling
units ranging in size from 858 to 1,375 square feet, two-car garages and carports, guest
parking, and a central recreational facility with a pool and club house; and (3) a 72 unit,
two-story, apartment development with one, two, and three-bedroom units ranging in size
from 551 to 1,017 square feet, carports and guest parking, and several recreational areas
including a pool and a tot lot.
Area “B” - In the central portion of the site, directly west of future Alga Road, there would
be 40 single-family lots ranging in size from 10,000 to 28,300 square feet and a 42,000
square feet future community facility site.
Area “c’ - Also in the central portion of the site, located west of Area “B”, there would be
89 single-family lots ranging in size from 7,500 to 11,800 square feet.
Area “IS’ - In the western portion of the site, adjacent to future Hidden Valley Road, there
would be 76, two-story townhouse units, ranging in size from 2,010 to 2,350 square feet,
with two-car garages, guest parking, and a central recreational facility with a pool and club
house.
A majority of the project would feature contemporary architecture consisting of Spanish tile
roofs with varying roof lines, and stucco exteriors. Area “D” would have townhomes with
contemporary architecture and metal seamed roofs to be more compatible with the
architecture and materials proposed for the buildings in future Poinsettia Community Park located directly west of the project site.
Per the requirements of the City’s recently adopted Inclusionary Housing Ordinance, 15%
of the proposed dwelling units (47 affordable units) must be provided for lower income
households. However, because the applicant is requesting a Density Bonus, 20% of the
total dwelling units (63 affordable units) must be reserved as affordable to lower income
households. The applicant is proposing to provide those affordable dwelling units within
the apartment portion of the project (Area “A”). The project would be conditioned to
require an Affordable Housing Agreement that would be submitted for review and approval
by the City prior to Final Map approval.
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CT 92-02/PUD 92-03, SDr 92-06/HDP 92-03
SAMBI
DECEMBER 15,1993
PAGE 3
Access to the project would be provided by the northern extension of Alga Road from it’s
current intersection at Poinsettia Lane and from Hidden Valley Road which would extend
from Camino de las Ondas north along the project’s western boundary and connect with
Palomar Airport Road to the north.
The surrounding neighborhood is undeveloped with vacant land on all four sides. The
future Poinsettia Community Park would be located directly west on the opposite side of
future Hidden Valley Road.
III. ANALYSIS
The proposed project is subject to the following land use plans, and ordinances:
A. Carlsbad General Plan: Land Use Element - (Residential Medium Low (RLM)
and Residential Medium (RM) Land Use Designations); Open Space
Element; and Housing Element;
B. Zone 20 Specific Plan (Specific Plan 203);
C. Carlsbad Municipal Code, Title 21;
1. Chapter 21.45, Planned Development;
2. Chapter 21.53, Section 21.53.120 - Site Development Plan -
“Affordable Housing” and Chapter 21.06 - Qualified Overlay Zone;
3. Chapter 21.95, Hillside Development Regulations;
4. Chapter 21.85, Inclusionary Housing;
5. Chapter 21.86, Density Bonus;
D. Carlsbad Municipal Code, Title 20, Subdivision Ordinance; and the California
Subdivision Map Act;
E. Mello II Segment of the Local Coastal Program;
F. Growth Management (Local Facilities Management Plan Zone 20);
G. Carlsbad Municipal Code, Title 19, Environmental Protection Procedures; and
the California Environmental Quality Act (CEQA).
CT 92-02/PUD 92-03/SDr 92-06/HDP 92-03
SAMBI
DECEMBER15,1993
PAGE4
k GENERAL PLAN
IAND USE ELEMENT
The property has a Residential Medium (RM) and Residential Medium Low (RLM) General
Plan Land Use Designation. The RM designation allows the development of low density
apartment, condominium, or townhome developments that range in density from 4 to 8
dus/acre with a 6 dus/acre growth management control point. The RLM designation
allows single-family homes that range in density from 0 to 4 dwelling units per acre with
a 3.2 dus/acre growth control point. The net density in the RLM portion of the project is
9.18 dwelling units per acre and the net density in the RM portion is 4.4 dwelling units
per acre. The project contains a combination of apartments, townhomes, condominiums,
and single-family homes all developed at an overall net density of 5.8 dus/acre, therefore,
the project, exclusive of the density bonus request, is consistent with the growth
management dwelling unit allowance for the parcel.
OPEN SPACE AND CONSERVATION ELEMENT
The property contains no existing or approved General Plan open space, however, the Zone
20 Specific Plan designates open space in the very northeastern comer of the property.
This specific plan designated open space also corresponds with the conceptual open space
associated with a greenway and a planned trail system link per the open space exhibits
found in the City’s Open Space and Conservation Resource Management Plan (OSCRMP).
This project is consistent with the OSCRMP and Zone 20 Specific Plan in that: (1) a 20
foot wide trail easement would be provided to accommodate Trail Segment No. 30 within
the SDG&E powerline easement; and, (2) the project would also preserve in protected open
space the steep coastal sage covered slopes located in the northeastern comer of the
project.
HOUSING ELEMENT
All residential development within the Zone 20 Specific Plan is required to include a
percentage of housing units affordable to persons and families of lower income. Consistent
with the policies and programs of the Housing Element and subsequent to the affordable
housing requirements of the Zone 20 Specific Plan the project would provide 15% or 47
apartment units available and affordable to lower income households. In addition, and
consistent with Housing Element Policy 3.2 the project would provide at least 10% of the
lower income units with three or more bedrooms.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 5
B. ZONE20SPECIFICPLAN~SPECIFICPLAN203~
The Zone 20 Specific Plan provides a framework for the development of the vacant
properties within Zone 20 to ensure the logical and efficient provision of public facilities
and community amenities for the future residents of the planning area. This project meets
the goals and objectives of the specific plan for the following reasons:
0)
(2)
(3)
(4)
(5)
(6)
(7)
The project conforms to all aspects of the General Plan and applicable City
ordinances, regulations and policies.
As conditioned the project provides coordination between surrounding developments
through the provision of roadway connections with properties to the north, east,
south, and west.
The residential land uses are compatible with the existing multi-family residential
land uses to the south and the future community park to the west.
The project implements the objective of an integrated open space and trail system
within the planning area.
The project provides an attractive, well buffered, and landscaped circulation system that safely and aesthetically provides for the needs of automobiles, cyclists,
pedestrians and adjacent land uses.
The provision of the following land uses creates a well planned, yet diversified
community: (1) single-family lots ranging in size from 7,500 to over 10,000 square
feet; (2) higher density multi-family townhomes located near a community park
(Poinsettia Park) and a non-loaded collector street (Hidden Valley Rd.); (3) two
future community facility sites (potential church and daycare) located adjacent to
a major roadway (Alga Road); (4) higher density condominium units located
adjacent to a community facility site and natural open space; and (5) apartment
units available to low income households located adjacent to a major circulation
element roadway (Alga Road) and natural open space.
The project would provide two comrmm.ity facility sites along future Alga Road.
The 1.31 acre site on the east side of the road is designated for a potential church
site. Because this site does not have a minimum of 2 net useable acres, as required
by the specific plan, staff recommends that a conditional use permit be approved by
the Planning Commission prior to development of the site. The .9 acre site located
on the west side of the Alga Road is designated for a potential day care facility.
This site meets the location and .5 acre size criteria established by the specific plan,
therefore, staff recommends that no further discretionary action be required to
develop the site with a day care use.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 6
The project is located in Planning Area “A” of the Zone 20 Specific Plan and complies with
the required “Special Design Criteria” as follows:
(1) An average 50 foot setback from Alga Road would be provided.
(2) Noise mitigation measures for the single-family homes, condominium units, and
apartments units impacted by traffic noise from Alga Road would be provided.
(3) Enhanced 1 an d scaping would be provided along Hidden Valley Road and Alga Road,
and on the manufactured slopes between the terraced building pads.
(4) The building elevations for the single-family homes, townhomes, condominium
units, and apartment buildings all would have a variety of materials, architectural
accent features, articulated wall and roof planes, varying roof heights and building
massing, and street setbacks. The various site plans would also have curvilinear
streets to follow the natural contours and to provided visual interest within the
project.
C. CARLSBAD MUNICIPAL CODE, TITLE 21:
1. PLANNED DEVF.LOPMENT ORDtNANCE, CHAPTER 21.45:
The utilization of the Planned Development Ordinance in conjunction with the vesting
tentative tract map for this project allows for the following: (1) use of private gate
guarded streets in the single-family portion of the project; (2) provides a method to
approve separate ownership of the 72 air space condominium units located within the
multiple-unit buildings in Area “A” and the 76 postage-stamp townhouse lots located in
Area “D”; and, (3) allows for the development of multi-family residential development in
an R-1-10,000 Zone in Area “A”. Before the Planning Commission recommends approval
of the project to the City Council, Title 21 of the Municipal Code under Section 21.45.072
requires that the following findings be made:
a. ‘The granting of this permit will not adversely affect and will be consistent with
Chapter 21.45, the Zone 20 Specific Plan, and all adopted plans of the City and
other govemmen tal agellcie!s.”
The project is consistent with Chapter 21.45, the Zone 20 Specific Plan, the General
Plan, and the Local Coastal Program, because it meets all the Planned Development
standards, and single-family and multi-family residential land uses would be
developed at the appropriate lot size and residential density. See Section A under
General Plan, Section B under Specific Plan, and Section F under Mello II for a more
detailed discussion on compliance with these three land use plans.
CT 92-02/PUD 92-OWSDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 7
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
commllnity.”
The development of two community facility sites, single-family lots, condominiums,
townhomes, and apartments would provide a balance and mix of land uses within
the Zone 20 Specific Plan. A majority of the residential development planned for
the specific plan area would be standard single-family homes on 7,500 to 10,000
square foot lots. The development of higher density multi-family units in close
proximity to natural open space, Poinsettia Community Park, and future Alga Road,
in addition to the provision of apartment units affordable to lower income
household would create a more diversified and balanced community.
C. “Such use will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinily, or injurious to property or improvements in the
vicinity.”
The project is designed to preserve the coastal sage scrub habitat located along the
eastern portion of Area “A”. This open space would connect with the larger open
space located in the central canyon. Drainage facilities would be provided
concurrent with development of the project to reduce erosion and flooding. All
manufactured slopes would be landscaped to prevent erosion and to visually screen
the slopes.
d. ‘The proposed planned development meets all of the minimum development
standards set forth in Sectiop 21.45.090, the design criteria set forth in Section
21.45.080, and has been designed in accordance with the concepts contained in the
Design Guidelines Manual.
i. The local streets in the single-family portion of the project would have curb,
gutter, and sidewalks on both sides, and have 36 to 40 feet of paving. This
exceeds the 30 foot minimum private street width standard.
ii. The project would provide a mixture of one and two-story homes, and the
multi-family buildings would have varied roof lines, and a variety of front
building elevations and front yard setbacks.
I.. ill. Adequate recreational vehicle storage space would be provided within the
individual projects and be sufficiently screened from the public right-of-way
and surrounding properties.
CT 92-02/PUD 92-O& SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 8
iv. The single-family homes would have, at a minimum two car garages which
would meet the parking and storage requirements of the ordinance, and
guest parking would. be provided on both sides of the streets. The
condominiums and townhomes all have two covered parking spaces,
including garages and carports for residents, and guest parking is dispersed
along the internal driveways.
V. The project complies with the Planned Development Ordinance as follows:
PRIVATE STREET &
DRIVEWAY WIDTH
DRIVEWAY AND
STREET SETBACK
BUILDING HEIGHT
PARKING: RESIDENT:
GUEST:
RV STORAGE
STORAGE SPACE
RECREATIONAL SPACE
A. COMMON ACTIVE
B. PRIVATE PASSIVE
I REQUIRED PROPOSED
30 Feet 30 to 45 Feet
5 to 20 Feet 5 to 20 Feet
30 To 35 Feet I 29 to 31 Feet
2 Covered Spaces Per Unit 2 Covered Spaces Per Unit
Including Garage Spaces &
carports.
64 Spaces 64 Guest Spaces
20 Square Feet Per Unit I 20 Square Feet Per Unit
480 Cubic Feet Per Unit I 480 Cubic Feet Per Unit
22,000 square feet 40,061 square feet
Patio or Balcony Patio, Balcony, and 15’ x
15’ Rear Yards
e. ‘The proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances signikant natural resources on
the site.”
The project meets all the requirements of the Hillside Development Regulations and
Guidelines, except the 30 foot slope height standard as explained in Section C(2)
of this report under Site Development Plan. The manufactured slopes would be landscaped, and the single-family lots would terrace down the slope towards the
west to conform with the topography. The homes have roof lines that are varied
and relate to the topography. In addition, the northeastern comer of the site would
be preserved to protect the coastal sage habitat and to provide open space in the
central canyon.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 151993
PAGE 9
f. The project’s circulation system is designed to be efkient and well integrated with
the project and does not dominate the project.”
See Section C(2) and E of this report under the Qualified Overlay Zone and
Subdivision Ordinance for an explanation on project circulation.
g- ‘The proposed project’s design and density of the developed portion of the site is
compatible with surrounding development and does not create a dkharmonious or
disruptive element to the neighborhood.”
The proposed project meets all City standards and the proposed residential density
is consistent with the General Plan (5.8 dus/acre). The proposed residential land
uses are compatible in scale, architecture, and building materials with the multi-
family residential development to the south and future Poinsettia Community Park
to the west. Public street improvements would be provided to accommodate traffic
generated by the project and the project must comply with all the circulation and
public facility requirements of Local Facilities Management Plan Zone 20. The
adjacent properties to the south have either existing multi-family residential
development or are planned for multi-family and single-family residential
development, therefore, the proposed multi-family and single-family residential developments in this project would be compatible with the surrounding
neighborhood.
2. CHAPTER 21.53, SECTION 21.53.120, SITE DEWFLOPMENT PLAN - “AFFORDABLE
HOUSING” AND CHAPTER 21.06, QUALQTED OVERLAY ZONE
The Carlsbad Municipal Code Section 21.53.120 requires a Site Development Plan for any
multi-family residential apartment development having more than 4 dwelling units or an
affordable housiw m-oiect of any size.
This project would have 349 residential units of which 47 of those units must be
designated as affordable to lower income households. The building pad in Area “A”/Lot
133 of the project does not meet the Hillside Development Ordinance’s standard for slope
height (30 foot high maximum). A portion of the fill slope on the eastern edge of the
building pad for the apartments is 43 feet high which exceeds the standard by 13 feet for
approximately 100 linear feet along the slope. In order to provide affordable housing in
this project the applicant is requesting that the Planning Commission recommend to the
City Council that this standard be modified under Section 21.53.120(c) DeveloDment
Standards. A Site Development Plan for an affordable housing project may allow less
restrictive development standards than specified in the zone code or underlying zone if the
project is in conformance with the General Plan and would not have a detrimental effect on public health, safety and welfare.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 10
Before the Planning Commission recommends approval of the project to the City Council,
Title 21 of the Municipal Code under Section 21.53.120(c) requires that the following
finding be made:
“That the project is in collf0nmt-y with the General Plan and adopted policies and goals of
the City, and it would have no detrimental effect on public heal& safety and welfare.”
See the section below entitled &ali.fied DeveloDment Overlay Zone (01 for additional
findings of fact that also apply to this finding requirement of the code. The creation of a
43 foot high manufactured fill slope that exceeds the 30 foot standard does not pose a
health and safety problem if the recommendations of the projects’s geotechnical report are
adhered to. The slope height standard of 30 feet is an aesthetic regulation intended to
minimize visual impacts created by large manufactured slopes. The overheight slope would
not face any public roadways including Alga Road and be contour graded and adequately
landscaped to provide for visual screening, thus, offsetting any visual impacts created by
the additional 12 feet of slope height.
QUALIFIED DJZVFLOPMENT OVERLAY ZONE (Q)/CHAPTER 21.06
The zoning for the property includes the Qualified Development Overlay Zone (Q),
therefore, before the Planning Commission recommends approval of the project to the City
Council, Title 21, Chapter 21.06, Section 21.06.020(b) requires the Planning Commission
to make the following findings:
0) ‘That the requested use is properly related to the site, sutToundings and
environmental settings, is consistent with the various elements and objectives of the
general plan., will not be detrimental to exkting uses or to uses specifically
permitcedintheareainwhichtheproposeduseistobelocated,andwillnot
adversely impact the site, surroundings or traffic ckulation.”
The project is consistent with the General Plan and Zone 20 Specific Plan as
explained in Sections A and B of this report. The project would not have a
significant impact on the environment as discussed in Section G of this report. The
proposed residential land uses are compatible in scale, architecture, and building
materials with the multi-family residential development to the south the future
community park to the west. Public street improvements would be provided to
accommodate traffic generated by the project and the project must comply with all
the circulation and public facility requirements of Local Facilities Management Plan
Zone 20.
CT 92-02/PUD 92-03/SDY 92-06/HDP 92-03
SAMBI
DECEMBER15,1993
PAGE11
(2) ‘That the site for the intended use is adequate ii~ size and shape to accommodate the use.”
The project complies with all City ordinances and polices except for the Hillside
Ordinance’s slope height standard as explained in Section C(2) of this report,
therefore, the parcel is adequate in size, shape and slope to accommodate the
proposed land uses.
(31 ‘That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to exist@ or permitted future uses in the
neighborhood will be provided and maintained.”
The project would be conditioned to provide a solid wall or fence, and landscaped
windbreaks along the perimeter of any future developable area that abuts property
under “open field” cultivation, in order to reduce public nuisance effects of adjacent
pesticide spraying and dust generation from farm operations. 1
Area ‘8” and “C” - Single-family Residential:
a). Standard R-l Zone front, side and rear setbacks would be provided for each
home, and all homes would have at least a two-car garages to satisfy off-
street parking requirements.
b). The front yards of all the lots would be landscaped with a minimum of 3
street trees of varying sizes, and the 50 foot setback along Alga Road would
be landform graded and heavily landscaped.
Area “A” and “D” - Multi-Family Residential And Community Facility Site:
a). The bulk and scale of the proposed two-story condominiums, townhouses,
and apartment buildings would be compatible with the existing and
surrounding residential development to the south. The proposed multi-family
townhomes would provide an appropriate transition between the proposed
single-family land use to the east and the future community park land use to
the west.
b). The design of the project would assure a unique mix of residential
development, and enhance the aesthetic quality of the area as follows:
i. The street setbacks would be landscaped with a combination of trees
and shrubs to partially screen the residential structures from the public streets.
CT 92-02/PUD 92-03/SDr 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 12
ii. The building elevations would have textured stucco exteriors and tile
and metal roofs, varied roof lines, architectural accent features and
building forms, and varied building facades.
. . . ill. The dwelling units would be orientated at various angles along the
driveways to provide an enclosure of space between the buildings and
to provide more visual interest when the project is viewed from the
public streets.
(41 ‘That the street system serving the prqosecl use is adequate to properly handle all
traific generated by the proposed use.”
Area ‘8” and “c’ - Single-Family Residential:
All the local, collector, and major streets, both within and offsite of this project
would be constructed to City standards, have underground utilities, and contain
public sidewalks. A pedestrian access is provided between Lots 47 and 48 in Area
“c” to allow access to future Hidden Valley Road and Poinsettia Community Park.
Area “A” and “D” - Multi-Family Residential And Community Facility Site:
a).
b).
‘3.
d).
4.
The project would provide adequate onsite parking (498 parking spaces) and
circulation to serve the needs of the residents and their guests, and it would
not impact the availability of offsite street parking.
Sidewalks and drainage facilities would be provided along the project’s street
frontages to serve the project.
The proposed 30 to 45 foot wide central private driveways would be
adequate to provide safe and efficient traffic circulation, vehicle turn
movements, and emergency access. The City% Parking Ordinance requires
a minimum standard width of 24 feet for a two-way traffic aisle containing
ninety degree parking on both sides. A 24 foot driveway aisle provides adequate separation and distance for vehicles backing out of parking spaces
and adequate separation for two-way traffic (12 feet per travel lane).
An internal pedestrian circulation system that is separated from the
driveways within the multi-family projects would be provided and allow
sufficient and safe access to the recreation facility and adjacent public streets.
Adequate access for emergency vehicles is provided by the central 30 to 45
foot wide private driveways that service the multi-family projects. The 30
to 45 foot wide driveways are also wide enough to accommodate emergency
vehicles, and the project would be conditioned to prohibit parallel parking
along the 30 foot wide driveways. The project has been reviewed and
approved by the Fire Department.
- .-
CT 92-02/PUD 92-O~/SDY 92-06/HDP 92-03
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DECEMBER 15, 1993
PAGE 13
3. HILLSIDE DEWXOPMENT REGULATIONS/ CHAPTFR 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. The project design is in
conformance with the development and design standards of the Hillside Development
Regulations and the Hillside Development Guidelines, with exception to the maximum 30
foot high slope standard and the restriction on developing on slopes 40% and greater. A
43 foot high fill slope is being requested to provide a building pad large enough to
accommodate 72 apartment units, a portion of which would be designated as affordable
to lower income households (see discussion under Site Development Plan, Section C(2) of
this report).
Grading of 40% slopes would also be necessary to construct portions of Alga Road. Areas
where circulation element roadways must be placed and no,feasible alternatives consistent
with this chapter are available may be excluded from the requirements of the Hillside
Development Regulations by the decision making body based on Section 21.95.090(b)(2)
of the ordinance. The alignment of Alga Road in this area was established with the
approval of the tentative map for Cobblestone Sea Village (CT 84-32). Analysis of
alternatives for Alga Road indicated that due to constraints from the SDG&E powerline
easement that traverses through the main canyon there is no feasible alternative consistent
with the Hillside Development Regulations.
Before the Planning Commission approves the Hillside Development Permit, Title 21,
Chapter 21.95, Section 21.95.030 requires that the Planning Commission make the
following findings:
(1) ‘That billside conditions and undevelopable areas of the project have been properly
identi&d.”
The site’s hillside slope conditions and undevelopable areas have been identified on
Constraints Exhibit “Xc’ dated, December 15, 1993.
(2) ‘That the development proposal and all applicable development approvals and
pemits are consistent with the purpose, inten& and requirements of this chapter
and that the project design substantially confoxms to the intent of the concepts
illustrated in the hillside development guidelines manual.
a). All manufactured cut and fill slopes are landform/contour graded and do not exceed a height of 30 feet, except for the 43 foot high slope along the
eastern portion of the apartment development in Area “A” (See Site
Development Plan, Section C(2) of this report for further explanation).
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER15,1993
PAGE14
b).
cl.
d).
d.
0.
The project’s cut/fill grading volumes of 8,652 cubic yards per graded acre
falls within the “potentially acceptable range” of 8,000 - 10,000 cubic
yds./acre. Included in these volumes is 86,000 cubic yards of grading for
Alga Road which is a circulation element roadway. When grading for Alga
Road is subtracted out of the grading calculations, the project’s grading
volumes are reduced to 7,773 cubic yards per graded acre and are within the
“acceptable range”.
Landscaping in conformance with the Zone 20 Specific Plan and the City’s
Landscape Manual would be provided on all manufactured slopes to assist in
visually screening the slopes and to reduce erosion.
All structures and roofs within the project would be earth tone in color to
reduce visual impacts.
A percentage of the homes along the north/south trending and gently sloping
ridgeline would be one-story in height and all homes would have varying
roof lines.
The multi-family residential buildings are setback from the top of
manufactured slopes from a range of 15 to 60 feet, along the eastern portion
of Area “A’.
(3) ‘That no development or @ding will occur in those portions of the property which
are undevelopable pusuan t to the provisions of Section 21.53230 of this code.”
All undevelopable areas have been identified and except for Alga Road no
development or grading would occur in the areas containing 40%+ slopes.
(4) ‘That the project design and lot configuration minimizes disturbance of hillside
lands.”
The proposed grading would create single-family building pads that are terraced for
views and step down the slope. A majority of the local streets and manufactured
slopes are curving and are aligned to follow the north/south trending contours. The
street alignments and curving landform graded slopes would reduce visual impacts
created by the grading and help simulate the natural slope conditions.
4. INCLUSIONARY HOUSING ORDINANCE, CHAFTFR 21.85:
The Inclusionary Housing Ordinance implements the inclusionary objectives of the Housing
Element (Objective 3.6), and at a minimum, the project would be required to provide not
less than 15% of all proposed residential units affordable to lower income households. The
-.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 15
General Plan permits 312 dwelling units on this site, therefore, 15% of those units would
yield a minimum requirement to provide 47 housing units affordable to lower income
households, (Note: the applicant has requested a density bonus, therefore, 20% of the 312
base units dwelling units or 63 units must be affordable). The applicant is proposing to
meet the affordable housing requirement of the project within the apartment portion of the
site plan (Area “A”/Lot 133). In addition, at least five (10% min.) of the affordable
apartment units must be three-bedroom. The applicant is proposing three-bedroom units
that contain 1,017 square feet to accommodate larger families.
The project would be conditioned to require an Affordable Housing Agreement that would
be submitted for review and approval by the City prior to Final Map approval. The
Affordable Housing Agreement is a legally binding agreement between the applicant and
the City which provides the specific details regarding the implementation of the affordable
housing requirements of the Zone 20 Specific Plan and subsequent conformance with the
City’s Housing Element.
5. DENSJTY BONUS ORDINANCE, CHAPTER 21.86:
The applicant is requesting an 11.8 percent density bonus above the ~maximum General
Plan land use designation for the site (RLM/RM), under the provisions of the Citys
Residential Density Bonus Ordinance. The purpose of this ordinance is to provide
incentives to developers. for the production of housing affordable to lower income
households. Density bonus means a minimum density increase of at least 25% over the
growth management dwelling unit allowance for the project site. Section 21.86.030 of the
ordinance states that for new residential construction the City &alJ grant a density bonus
and at least one additional incentive. Additional incentives may consist of a reduction in
development standards and architectural design requirements, partial oradditional den&,
and direct financial aid. Under the provisions for a density bonus the applicant must agree
to construct a minimum of 20% (more restrictive than 15% inclusionary requirement) of
the total base units of the project as restricted and affordable to low income households,
or a minimum of 10% of the total base units as restricted and affordable to very low
income households. The project would have 72 apartment units in Area “A” and the
applicant shall meet these minimum density bonus requirements by providing 63 apartment
units affordable to lower income households.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
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DECEMBER 15, 1993
PAGE 16
D. GROWTH MANAGEMENT
The proposed project is located within Local Facilities Management Plan Zone 20 in the
Southwest Quadrant. The impacts on public facilities created by this project and
:ompliance with the adopted performance standards are summarized as follows:
FACILEY IMpAcrs
CITY ADMINISTRATION 1,213.36 sq. ft.
coMPLIANcEwrrH
STANDARDS
Yes
LIBRARY
WASTE WATER TREATMENT
647.1 sq. ft.
353 EDU
Yes
Yes
PARKS
DRAINAGE
2.42 Acres
N/A
Yes
Yes
CIRCULATION
FIRE
3650 ADT
Station # 4
Yes
Yes
OPEN SPACE
SCHOOLS
SEWER COLLECTION SYSTEM
9.03 Acres
CUSD
353 EDU
Yes
Yes
Yes
WATER DISTRIBUTION SYSTEM 1 77,660 GPD Yes
The proposed project would exceed the allowable growth management density of 312.17
dwelling units for the site by 36.83 dwelling units, (349 proposed units). The Growth
Management Ordinance, Section 21.90.045, states that no residential development permit
shall be approved in which density exceeds the growth management control point for the
applicable density range (RLM 0 - 3.2 & RM - 4 - 8 dus/acre), unless the following findings
are made:
(1) ‘The moiect will m&de sufiicient additional mblk facilities for the densitv in
excess of the control mint to ensure that the adeauacy of the CWS public fkilities
plans will not be adverselv immcted.”
This project will be served by public facilities which are adequate to meet the
increased demand generated by the increased density. In general, public facilities
have been sized to accommodate the maximum development allowed under the
General Plan and Proposition E for the Southwest Quadrant. The density increase
-
CT 92-02/PUD 92-63/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 17
requested for this project simply shifts density from one portion of the quadrant to
another and does not create an overall increase in demand beyond the projections
contained in the Citywide Facilities and Improvements Plan. Therefore, sufficient
facilities are either already in place or will be provided concurrent with the project
to ensure that the adequacy of the City’s public facility plans will not be adversely
impacted.
(21 ‘There have been suf&ient develoDments aDDroved in the auadrant at densities
below the control Doint to cover the units in the m7kct above the control Doint so
that amxoval will not result in exceedk the auadrant limit.”
The Aviara Master Plan has been approved for development of approximately 572
dwelling units less than what was projected in the adopted Zone 19 LFMP. These
units are referred to as “excess” units, and they may be utilized to grant density
increases elsewhere in the Southwest Quadrant, subject to City Council Policy No.
43. Approval of this project will make use of 36.83 units, leaving a balance of
approximately 535.17 units that would be available for density increases to other
future projects. Monitoring of the balance of excess units and density increases will
assure that the quadrant limits stated in Proposition E are never exceeded.
(3) “All necessary Dublic facilities reauired by this chauter will be constructed or are
guaranteed to be constructed concunx3n tlv with the need for them created bv this
development and in comDl.iance with the adopted City standards.”
As stated in finding #l, all public facilities necessary to serve this project are either
already in place or will be provided by conditions of approval placed on the project.
As shown in the table above, all facilities will remain in compliance with adopted
City standards.
E. SUBDMSION ORDINANCWTITLE 20
The proposed tentative map would comply with all the requirements of the City’s
Subdivision Ordinance, Title 20. Currently there are no public roads to serve the project
site, therefore, the developer must extend public street improvements off the project site
to connect to the existing circulation network. In addition, in order to comply with the
City cul-de-sac policy the developer is required to construct a second offsite road
connection for emergency access purposes. To satisfy this secondary access requirement,
the developer is proposing to extend Hidden Valley Road north from the project site to Palomar Airport Road. The developer is also proposing to extend Alga Road from the
project site south to the current terminus of Alga Road at its intersection with Poinsettia
Lane.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 18
The construction of these two access roads together with the onsite roads shown on the
proposed vesting tentative map would be adequate to serve the proposed project. In
addition, new traffic signals would be necessary at the intersections of Hidden Valley
Road/Palomar Airport Road, Alga/Poinsettia Lane, and Alga Road/Cherry Blossom Road.
With the construction of the roads and traffic signals, the proposed project would comply
with the established standards of the Growth Management Ordinance.
The project site naturally drains into two separate sewer basins. The portion of the project
west of Alga Road drains west towards Hidden Valley Road where it would be collected
in a main line and carried north down Hidden Valley Road to the main trunk line adjacent
to Palomar Airport Road. The portion of project east of Alga Road naturally drains north
to Cherry Blossom Road and ultimately flows in a main line down the canyon which runs
parallel with Alga Road and connects to the same trunk line adjacent to Palomar Airport Road. On an interim basis, the developer is proposing to construct a sewer lift station
adjacent to Cherry Blossom Road and pump the sewer across Alga Road to the sewer main
in Hidden Valley Road. The developer is required to contribute a fair share contribution
towards the construction of the future main line in the Alga Road canyon through payment
of the sewer benefit area fee established for this sewer drainage basin.
To mitigate drainage impacts from the project site the developer is required to provide
adequate drainage, erosion control, and urban pollutant basins. To comply with Water
Quality standards, City grading and erosion control requirements, and the requirements of
the Mello II segment of the Local Coastal Program, the developer is required to install
permanent and or temporary siltation/retention basins at the downstream end of all
proposed storm drain pipes.
F. MEILO II SEGMENT OF LOCAL COASTAL PROGRAM
The project is located in the Mello II Segment of the Local Coastal Program (LCP) and
complies with the plan as follows:
(11 The project is located within the Coastal Resource Protection Overlay Zone. The
construction of Hidden Valley Road offsite would impact disturbed riparian habitat
and 25%+ slopes containing coastal sage scrub habitat located in a small drainage
that flows to the north and along Encinas Creek which flows east to west. This
road is required to provide access and sewer facilities to this northwestern portion
of the Zone 20 Specific Plan and there are no alternatives to the road alignment
that would be more environmentally sensitive. To offset the biological impacts
created by Hidden Valley Road a mitigation program has been provided. In
addition, portions of onsite Alga Road, Cherry Blossom Road and Camino de las
Ondas would impact 25%+ slopes containing coastal sage scrub habitat. These
roadway links are necessary to provide access to developable areas while at the
same time comply with City engineering standards and policies for major, collector,
and local roadways.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 19
The Overlay Zone permits development and grading on slopes over 25% with native
coastal habitat when it is a circulation element roadway (Alga Road), a utility
system (sewer lines, drainage basins, etc.), and in order to provide access to
developable areas of the project site if there is no less environmentally damaging
alternative. In all cases biological mitigation is proposed to offset any impacts to
coastal sage habitat. The project has been conditioned such that prior to approval
of a final map, all applicable state and federal resource agencies must be consulted,
applicable permits must be obtained, and a final biological mitigation program must
be approved.
(2) The project would also be conditioned to provide adequate drainage, siltation, and
erosion control facilities as part of the approved grading permit. The grading
operation would be limited to the summer construction season, April 1 to October
1.
(3) The project contains vacant non-prime agricultural land containing Class III and IV
soils and is located in the Coastal Agricultural Overlay Zone (Site II). The Mello II
LCP requires mitigation when non-prime coastal agricultural land is converted to
urban land uses. The project would be conditioned to comply with one of the three
LCP mitigation options provided when projects are located in Site II: (1) “Prime
Land Exchange”; (2) “Determination of Agricultural Feasibility”; and (3)
“Agricultural Conversion Mitigation Fee”.
G. ENVIROIVMJWTALREVIEW/TITLE19ANDCEOA
The project site is located within the boundaries of the Zone 20 Specific Plan (SP 203)
which covers the 640 acre Zone 20 planning area. The direct, indirect, and cumulative
environmental impacts from the future development of the Zone 20 planning area have
been discussed in the Final Environmental Impact Report (EIR 90-03) for the specific plan.
The recommended and applicable mitigation measures of Final EIR 90-03 would be
included as conditions of approval for this project. Per the requirements of Final EIR 90-03
additional project specific environmental studies, including biological analysis, have been
prepared. These studies provide more focused and detailed project level analysis and
indicate that additional environmental impacts beyond what was analyzed in Final EIR 90-
03 would result from implementation of the project.
Per the recommendations of Final EIR 90-03 a Conditional Negative Declaration was issued
for this project to evaluate the additional environmental impacts to coastal sage scrub and riparian habitats created by onsite development and the alignment of Hidden Valley Road
north to Palomar Airport Road. The Planning Director has determined that the project
could have a significant effect on the environment, however, there would not be a
significant effect in this case since the mitigation measures described in the attached initial
study have been added to the project. This decision was based on findings of the
Environmental Assessment Part II, Biological Resource Impact Studies, a Geotechnical
Report, acoustical study, traffic report, and a field surveys by staff. A Conditional Negative
Declaration was issued by the Planning Director on August 5, 1993.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03 SAMBI
DECEMBER 15, 1993
PAGE 20
The Conditional Negative Declaration was sent to the State Clearinghouse for State Public
Agency review, and one letter from the Department of Fish and Game was received. It was
also sent to the United State Fish and Wildlife Service and the Army Corps of Engineers
for review and no comments were received. The Department of Fish and Game has
indicated that the project would create impacts to sensitive coastal sage scrub and riparian
habitat and they have requested consultation, therefore, the project has been conditioned
such that prior to approval of a final map, all applicable state and federal resource agencies
must be consulted, applicable permits must be obtained, and a final biological mitigation
program must be approved.
Iv. SUMMARY AND RECOMMENDATION
The proposed project: (1) is consistent with the general plan; (2) complies with the Zone
20 Specific Plan; (3) meets the requirements of Title 20 and 21; (4) findings for the Site
Development Plan can be made under Section 21.06.020 and 21.53.120; (5) is consistent
with the Mello II Local Coastal Program; (6) complies with Growth Management; and (7)
is in conformance with the mitigation requirements of Final EIR 90-03, and will not
significantly impact the environment, therefore, staff recommends approval of CT 92-
02/PUD 92-03/SDP 92-06/HDP 92-03.
AlTACHMENTS
1. Planning Commission Resolution No. 3590
2. Planning Commission Resolution No. 3591
3. Planning Commission Resolution No. 3592 4. Planning Commission Resolution No. 3593
5. Planning Commission Resolution No. 3594
6. Location Map 7. Background Data Sheet
8. Local Facilities Impact Assessment Form
9. Disclosure Form
10. Reduced Exhibits
11. Full size Exhibits “A” - “YYY”, dated December 15, 1993
JG:lh
November 26, 1993
3ISCLOSURE STrlTEMENT
~tq;CAM’S STATE’.4E\T CF =‘SCLgSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH *JILL GEQtJiFE
XCi;ETIONA3Y ACTICN CN ;‘+E 2Am OF THE Cl-f-f COUNCIL OR ANY APPOINTED BCARO. C%4MISSION CR CCLIMTT;EE
‘Please Pm)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application. TOYOXARA AMERICA, Inc C/O nnnald A ACATFP (DBA) Sunbelt Planning CO. ?35 Roosevelt St iul 8641 Firestone Blvd :li- Carlsbad. CA 32908 Downey, CA 90241 I
2.
3.
4.
Owner
List the names and addresses of all persons having any ownership interest in the property involved.
85-11 Firestone Bl-fd
Downer, CA 30241
if any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ant addresses of all individuals owning more than 10% of the shares in the corporation or owning any paftnersn!c
interest in the partnership. Seizo 3. TOVOHARA;Uuimm oft&Board Kazuyuki KAWAKITA; Director, President 10355 Brookshire Ave 11432 Hanover Ct., Cerritos. Ca. 90701
Do;mey,.CA ?02Ql Sayoko AOYAGI; Treasurer Kinko K. TOVOIIARA; Rim&or, Seuetary 16510 Stonehaven Ct. Same as above La Mirada, Ca.- 90638
If any person identMed pursuant to (1) or (2) above is a non-profit organiration or a trust, list the names ant addresses of any person serving as officer or director of the non-profti organization or as trustee or beneficlarf
cf the trust.
FRnmo13 w90
2075 Las Palmas Drtve - Cartsbad. California 920094859 - (819) 438-l 161
DisclOSuf8 StatetTiWt Page 2
5. Have you had more than S250 worth of business transacted with any member of City staff. 3:~:::
Commissons, Committees and Council within the past twelve months?
Yes - Noy& If yes. please indicate perscn(s)
%r¶on IS defined U: ‘Any tndivldunl. tirm. copartn~rrhip. jomt vw?ture. us0-3nt10n. SoCld club. fra;vnai orgwlzwon. corporation. estN@ :r~sl.
~OCIIVW. syndicate. Thor and any 0th~ counfy. cny and counry. cry munwpalrfy. Uwtnct of other political subdivwon. or any otnor grout v
combtnnt8on rcmg l s l unR’
CNOTE: Attach additional pages as necessary.)
IiIROMICHI TOYO'IARA
Print or type name of owner
‘-TTRm CvT T Tl”ynHAR&
Print or type name of applicant
Emmoo 8/90
BACKGROUND DATA SHEET -
CASE NO: CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
CASE NAME: SAMBI
APPLICANT: TOYOHARA AMERICA
REQUEST AND LOCATION: 129 Single-Familv Lots, 76 Townhouse Units, 72 Condominium Units, 72
Apartment Units, & 2 ‘Community Facility Lots
LEGAL DESCRIPTION: The South Half of the Southeast Quarter and the south 60 acres of the north
half of the Southeast Quarter of Section 21, Township 12 South, Range 4 West, San Bemadino Base and
Meridian. Count-v of San Dieno. State of California, according to United States Government Survey,
approved October 25, 1875, according to the Official Plat thereof.
APN: 214-140-07 Acres 68.56 Proposed No. of Lots/Units 204 Lots & 144 Units
GENERAL PLAN AND ZONING
Land Use Designation Residential Medium & Residential Medium Low
Density Allowed 3.2 & 6 Dus/Acre Density Proposed 5.8
Existing Zone RD-M-Q & R-l -10,000-Q Proposed Zone N/A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements)
Zoning Land Use
Site RD-M-Q & R-1-10.000-Q Vacant
North RD-M-Q & R-1-10.000-Q Vacant
South RD-M-Q & R-1-10.000-Q Vacant
East LC Vacant
West PC Agriculture
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelhng Units (Sewer Capacity) 353 EDU
Public Facilities Fee Agreement, dated Februarv 12, 1992
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued August 5. 1993 X
Certified Environmental Impact Report, dated
Other, JG:lh
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITlES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: SAMBI - CT 9202/PUD 92-03/SDP 92-06/HDP 92-03
LOCAL FACILITY MANAGEMENT ZONE:20 GENERAL PLAN: RM/RLM ZONING: RD-M-Q/R-1-10.000-Q
DEVELOPER’S NAME: TOYOHARA AMERICA INC.
ADDRESS: 8641 Firestone Boulevard - Downev. CA 90241
PHONE NO: 1213) 861-3808 ASSESSOR’S PARCEL NO:, 214-140-07
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 68.56 Acres
ESTIMATED COMPLETION DATE: N/A
A. City Administrative Facilities: Demand in Square Footage = 1.213.4 so. ft.
B. Library: Demand in Square Footage = 647.1 sq. ft.
C. Wastewater Treatment Capacity (Calculate with J. Sewer) N/A
D. Park: Demand in Acreage = 2.42
E. Drainage: Demand in CFS = N/A
Identify Drainage Basin = N/A
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADTs = 3,650
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = No 4 A
H. Open Space: Acreage Provided - 9.03
I. Schools: N/A
(Demands to be determined by staff)
J. Sewer: Demand in EDUs - 353
tdentify Sub Basin - N/A
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD - 77.660
L. The project is 36.83 units above the Growth Management Dwelling unit allowance.JC”h
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EXHIBIT 4
PLANNING COMMISSION December 15, 1993 PAGE 8
Motion was made by Commissioner Welshons, and duly seconded, to adopt Planning
Commission Resolution Nos. 3587,3588, and 3589, recommending approval of
PUD 90-25, and HDP 90-32 based on the findings and subject to the
contained therein, including the changes set forth in staff memo dated
missioners Betz, Hall, Savary, Schlehuber and Welshons
ABSTAIN: None
Commissioner Erwin stated for the record ted no because he thinks we are going in the wrong
direction by allowing a planned development w -car garages for each unit. He believes the
ideology of using on-street parking as partial fulfi eeting the parking standard is regressive.
RECESS
The Planning Commission recessed at 6:58 and reconvened at 7:03 p.m.
0
2. CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03 - SAMBI - Request for recommendation of approval
for a Conditional Negative Declaration, a Vesting Tentative Tract Map, Planned Development Permit,
Site Development Plan, and Hillside Development Permit to subdivide 129 single-family lots,
subdivide and construct 76 townhomes and 72 condominium units, construct 72 apartment units,
and designate two future community facility sites, all on property generally located east of Paseo del
Norte, north of Camino de las Ondas, and south of Palomar Airport Road, in the RD-M-Q Zone and
R-l -10,000-Q Zone in Local Facilities Management Plan Zone 20.
Jeff Gibson, Associate Planner, reviewed the background of the request and stated that the applicant is
requesting approval to subdivide 129 single family lots, construct 76 townhomes, 72 condominium units,
72 apartment units, and designate two future community facility sites, all on property located east of Paseo
del Norte and north of Gamin0 de las Ondas. The parcel is located in the coastal zone and totals 68.5
gross acres and is undeveloped. The majority of the site is under agricultural cultivation. Access to the
project would be provided by the northern extension of Alga Road from its current intersection at Poinsettia
Lane. In addition, access would be provided from future Hidden Valley Road, which would extend from
Camino de las Ondas north along the projects western boundary and connect with Palomar Airport Road
to the north. The applicant is processing a Vesting Tentative Map. State law and local ordinance Title 20
stipulates that the approval of a Vesting Tentative Map confers a vested right to proceed with the
development in substantial compliance with the ordinances, policies, and standards in effect at the time the
project application was deemed complete. However, Title 20 does state that the amount of any fees which
are required to be paid as either conditions of approval or by operation of any law, shall be determined at
the time the fee is paid. Therefore, the amount of fees are not vested upon approval of the Vesting
Tentative Map.
The project is subject to the requirements of the Zone 20 Specific Plan and EIR 90-30 which.was approved by the City Council on December 7, 1993. In addition, the City Council, as part of the Zone 20 approval,
approved a new school facilities mitigation condition set forth in staff memo dated December 15, 1993.
Mr. Gibson moved to the west wall and reviewed the maps which show the exact location of the project and
the various roadways in and around the site.
Commissioner Erwin requested the Deputy City Attorney to educate the Commission regarding a Vesting
Tentative Map, including the positive and negative aspects. Ms. Hirata stated that the Commission could
not vote yes or no based on the fact that it is a Vesting Tentative Map because the applicant has a right
MINUTES
PLANNING COMMISSION December 15,1993
under state law to apply for this map. It is not like a development agreement, where the City would have a choice. The legislature has decided to give developers a method to ensure that their rights are basically
frozen in time because there is always a question as to when rights vest. The legislature stated that cities
should pass an ordinance to give them procedures and tell them how to apply. If they follow those
procedures and it comes forward, it can’t be rejected on the basis that it is a Vesting Tentative Map. It can
only be approved or rejected on the basis of whether or not they have complied with the ordinances,
policies, and procedures in effect at the time the application was complete, which is basically the same rule
for a regular tentative map. The difference here is that when this is approved, the ordinance, policies, and
standards in effect at the time they completed their application will apply then to any other discretionary
approvals relating to this project that go forward after tonight, up to one year after the final map, is
approved. In other words, if they have some actions after this, they would also be affected. It doesn’t
mean that these other actions would have to be approved, only that the Commission would have to look at
them at a frozen point in time.
Commissioner Erwin referred to Resolution No. 3594, page 3, Finding #6. He inquired if this finding is in
conflict with the vesting. Ms. Hirata replied that it is not because, basically, whatever ordinances are in
place at the time the application is complete state that public facilities have to be available to serve any
development that is approved. That is the general rule. At the time they go forward and pull.their building
permits and the project actually becomes a reality, that is the time when some of these fees will be
determined. Those costs cannot be determined at this time. The rule is there but we just don’t know the
amount they will have to pay. So, actually, they are complying with the ordinance in effect now, even
though it doesn’t specify an amount.
Commissioner Erwin inquired if these fees will be determined at the time of final map. Ms. Hirata replied
that many of the fees will be determined as the building permits are pulled. The applicant is committed to
the fees in effect at this time. They would not be subject to any new fees which are created.
Commissioner Erwin stated that he understood that two-car garages would be provided in Areas “D” “C”
and “B” and that the only place to have carports would be in Area “A”. Mr. Gibson replied that the
apartments in Area “A” will have carports and there will also be some carports in the condominium section.
Our minimum requirement for apartments is open parking. In a planned development, where the units are
owned, covered parking is required.
Commissioner Erwin inquired if all of Area “A” will be rental. Mr. Gibson replied that 72 units in Area “A”
will be rental and the other 72 units will be condominiums. The area is split in half into two separate lots.
Commissioner Erwin inquired how many condominiums will have carports. Mr. Gibson deferred comment
to the applicant.
Chairman Noble opened the public testimony and issued the invitation to speak.
Don Agatep, 2956 Roosevelt, Carlsbad, representing the applicant, addressed the Commission and
responded to Commissioner Erwin’s inquiry regarding the number of carports for the condominiums in
Area “A”. He stated that there is one garage and one carport for each condominium unit. Most of the
guest parking is uncovered. Mr. Agatep addressed the issue of the Vesting Tentative Map and stated that
the reason Sambi decided to proceed with a Vesting Tentative Map is that it allows them to process the
complete improvement and grading plans concurrent with review of the Tentative Map. Once this process
is complete, they would be ready to record the map once the final map is submitted. It compresses time
and saves them about one year in processing. They have attempted to provide for all product types as well
as community facilities. He thinks the plan is a good one and he urged the Commission to approve it.
PLANNING COMMISSION December 151993 PAGE 10
Commissioner Welshons is interested in the swimming pools. Does the Vesting Tentative Map specify the
size of the pools. Mr. Agatep replied that the sizes of the pools have not yet been determined. At this
point, they are pretty much diagrammatic. Those facilities would be approved by the Planning Director at
the time building permits are pulled.
Commissioner Welshons commented that a hole in the ground with water in it does not serve the purpose
of a swimming pool. She wants to make sure that it is designed correctly. Mr. Agatep agreed.
Because this is primarily a lot sale project, Mr. Agatep requested that Condition #33, Resolution No. 3591,
page 8, be modified to state that the Site Development Plan shall be approved by the Planning Director.
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 Hall inquired if Condition #33 can be modified as requested by Mr. Agatep. Mr. Wayne
replied that it depends on whether or not the Commission wants to be involved in the design or whether
they would be willing to delegate that to the Planning Director. It has been done both ways in the past.
Aviara has a similar requirement for SDP’s on lot sales. The Planning Director has the authority to make
that decision. If the Planning Director feels there is any question, it would come to the Planning
Commission under appeal.
Chairman Noble could accept approval by the Planning Director. Commissioner Schlehuber agrees.
ACTION: Motion was made by Commissioner Hall, and duly seconded, to adopt Planning
Commission Resolution No. 3590 recommending approval of the Negative Declaration
issued by the Planning Director, and adopt Planning Commission Resolution Nos. 3591,
3592,3593, and 3594, recommending approval of CT 92-02, PUD 92-03, SDP 92-06,
and HDP 92-03, based on the findings and subject to the conditions contained therein,
including the changes requested by staff memo dated December 15, 1993, and a
change to Condition #33 (Resolution #3591) to allow approval by the Planning Director
of the Site Development Plans for Areas “B” and “C.”
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 of the carports which had been
proposed.
Commissioner Schlehuber hopes that the maps will show the two community sites as potential church and
daycare sites. He thinks it is important for future property owners to know that a church or daycare center
could be placed on those sites, and they could result in traffic, etc. Mr. Gibson replied that this will be
indicated on the map. In addition, any dedications of major roadways will also be shown. There is also a
condition of approval that the applicant create a process to notify surrounding properties that this use has
been proposed in this location.
announced that at the City Council meeting on December 14,
r a U. S. West Cellular antennae at Chase
Field. The project was denied
6
MINUTES
E,XHlBl-- 5 NB-ITEM 3
APPLICATION DATE: l/3/94
STAFF PERSON: Evan Becker z&-
STAFF REPORT
DATE: JANUARY 13, 1994
TO: HOUSING COMMISSION
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
SUBJECT: AFFORDABLE HOUSING PROJECT/MASTER PLAN - SAMBI -
Request for recommendation of approval for development of 63
units of affordable rental housing within the SAMBI Master Plan. The project is
part of the development related to CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03.
I. RECOMMENDATION
That the Housing Commission ADOPT Resolution No. 94-003 RECOMMENDING
APPROVAL of the development of the proposed 63 apartment units of affordable housing
within the SAMBI Master Plan.
II. PROJECT BACKGROUND AND DESCRIPTION
On December 15, 1993, Tokoyhara America, Inc. received a recommendation from the Planning
Commission for approval of a Vesting Tentative Tract Map, Planned Development Permit, Site
Development Plan and Hillside Development Permit to subdivide 129 single-family lots,
subdivide and construct 76 townhomes and 72 condominium units, construct 72 apartment units
and designate two future community facility sites. The project is subject to the Inclusionary
Housing Requirement and the Density Bonus Ordinance which means that the applicant/
developer must provide a minimum of 63 units of housing affordable to low income households.
The applicant’s affordable housing proposal indicates that 63 of the 72 proposed apartment units
will be affordable to lower income households at 80% of the county median.
In addition, the project is required to provide at least 10% of lower income units in three (3)
bedrooms. The applicant is proposing that twelve (12) 3 bedroom units be restricted to low
income households; this exceeds the City’s requirement.
The affordable housing project, as proposed, will meet the Applicant/Master Plan Developer’s
obligation under the City of Carlsbad’s Inclusionary Housing and Density Bonus Ordinances.
Sambi Seaside Heights
Housing Commission - l/13/94
Page 2
III. APPLICANT/DEVELOPER TEAM INFORMATION
The development team for the proposed affordable housing project is as follows:
Anolicant: Toyohara America, Inc.
Developer: Toyohara America, Inc.
Architect: Kunio Inoue
Landscane Architect: Planning Systems/Steve Ahles
Engineer(s): Land Space Engineering/Alex Pantich
Planning Consultant: Don Agatep (Applicant Agent)
Iv. AFFORDABLE HOUSING PROJECT DESCRIPTION/LOCATION
The project will be located l/4 mile north of Poinsettia Lane on the northeast comer of future
Alga Road and future extension of Camino De Las Ondas. The parcel number for the property
is 214-140-07 (eastern 25% of site).
The project will provide 63 apartment units which will include ten studio (551 sq.ft); ten l-
bedroom units (713 sq.ft. each); thirty-one 2-bedroom units (887 to 985 sq.ft. each); and, twelve
3-bedroom units (1017 sq.ft. each).
Special amenities of the project will include two covered parking spaces per unit, tot lot/wading
pool, five (5) BBQ areas, adult pool/spa, multi-purpose play areas and separate basketball/
volleyball facilities.
The design and quality of the affordable housing units will be consistent with that of the
proposed market rate apartment units.
V. TERMS OF AFFORDABILITY
The applicant has proposed that the 63 condominium units remain affordable for thirty (30) years
for families at the following income level:
0 63 of the total 72 apartment units will be affordable to households at 80% of the county
median.
Sambi Seaside Heights
Housing Commission - l/13/94
Page 3
The following chart provides a breakdown of bedroom sizes by income levels:
Bedroom Size 80% of median
studio 10
1 10
Rent/MO.
$499
$720
2 10 $840 - $910
3 3 $935
Total 23
The Master Plan will be completed in a single phase. The applicant has proposed to build the
affordable housing units within five (5) years of recordation of the Final Map. In an affordable
housing agreement with the City of Carlsbad, an acceptable time frame for actual construction
of the units will be specified.
As proposed, the maximum rents (as shown above) for one and two bedroom units are too high
based on current income levels and rental rate calculations. The one bedroom rent should be no
more than $673 per month and for two bedrooms no more than $834 per month. The applicant
will be required to maintain rents at the city-approved rent levels based on applkable household
size for each restricted unit.
VI. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT
The applicant intends to privately finance the construction of the 63 units of affordable
apartment. The applicant is requesting no financial assistance from the City to construct the units
for low income (80% of county median) households, as the project is proposed within the
application.
VII. FINANCIAL FEASIBILITY OF AFFORDABLE HOUSING PROJECT
Based on review of the preliminary proforma submitted by the applicant, the projected
construction and operation costs for the proposed affordable housing project appear to be
reasonable based on the current assumptions. At the time the units are constructed, the
assumptions may change. However, regardless of changes in construction and operational costs,
the applicant will be required at all times to set rental rates which do not exceed the maximum
allowed for related household size (i.e., 1 person, 2 persons, etc.).
Sambi Seaside Heights
Housing Commission - l/13/94
Page 4
The applicant will be required to enter into an affordable housing agreement with the City prior
to Final Map approval. The agreement will outline all final assumptions on the cost of the
project. and the rents to be set for the restricted units.
VIII. CONSISTENCY WITH HOUSING ELEMENT AND CHAS
The proposed affordable housing project is consistent with the policies and programs of the
Housing Element, Inclusionary Housing Ordinance, Density Bonus Ordinance and the Zone 20
Specific Plan. The applicant has proposed to provide 63 units of affordable housing which meets
the 15% Inclusionary Housing Requirement and additional 5 % density bonus requirement for
the market rate units. The number of 3 bedroom units (12 total) in the project exceeds the City’s
10 % requirement.
The proposed affordable rental housing project meets a “Priority 2” need of the City of
Carlsbad, as outlined within the City of Carlsbad’s 1993-98 Comprehensive Housing
Affordability Strategy (CHAS). The level 2 priority indicates that there is a significant need for
the proposed type of housing within the City of Carlsbad.
Ix. SUMMARY
The Sambi Seaside Heights Affordable Rental Housing Project, as proposed, is consistent with
the Housing Element and meets the needs of lower income small and large families. Therefore,
staff is recommending that the Housing Commission adopt a recommendation to the City Council
for approval of the subject affordable housing project with the following conditions: 1) the
applicant shall provide an acceptable construction schedule to the City for the affordable units
(as related to construction of market rate units within the Master Plan); 2) the applicant shall
maintain rents at the allowable affordable rate (based on household size) for low income
households with incomes equal to 80% of the county median; and, 3) the affordable housing
units must be restricted for “the useful life of the project”; the City of Carlsbad interprets this
to mean a minimum of 55 years.
X. EXHIBITS
l- Housing Commission Resolution No. 94-003 adopting a recommendation to the City
Council to approve the Sambi Seaside Heights Affordable Rental Housing Project.
2- Housing Commission Review Application submitted by Toyohara America Inc.\Don
Agatep & Associates.
3- Planning Commission Staff Report dated December 15, 1993.
4- Site Development Plan for proposed Affordable Housing Project.
.
.
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HOUSING COMMISSION RESOLUTION NO. 94-003
A RESOLUTION OF THE HOUSING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA TO RECOMMEND
APPROVAL OF THE DEVELOPMENT OF 63 APARTMENT
UNITS AFFORDABLE TO LOW INCOME HOUSEHOLDS
WITHIN THE SAMBI MASTER PLAN ON PROPERTY
GENERALLY LOCATED EAST OF PASEO DEL NORTE,
NORTH OF CAMINO DE LAS ONDAS AND SOUTH OF
PALOMAR AIRPORT ROAD.
APPLICANT: TOYOHARA AMERICA INC.
CASE NO.: AHP 94-3 (CT #92-02 And SDP #92-06)
WHEREAS, an Affordable Housing Project (AHP) Application (No. 94-3)
has been ‘submitted to the City of Carlsbad’s Housing Commission for review and
consideration;
WHEREAS, said Housing Commission did, on the 13th date of January,
1994, hold a public meeting to consider said application; and
WHEREAS, at said public meeting, upon hearing and considering all
testimony, if any, of all persons desiring to be .heard, said Commission considered all
factors relating to the application.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing
Commission of the City of Carlsbad, California, as follows:
1.
2.
3.
. . . .
The above recitations are true and correct.
That based on the information provided within the application and
testimony presented during the public meeting of the Housing
Commission on January 13, 1994, the Commission recommends
APPROVAL of Affordable Housing Project (AHP) No. 94-3 containing 63
apartment units to be affordable to low income (80% of county median)
households subject to the findings and conditions outlined herein.
That the Commission’s recommendation for approval of said affordable
housing project does not include support for any financial assistance for
the project.
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FINDINGS:
1. The project is consistent with the goals and objectives of the City of Carlsbad’s
Housing Element and Comprehensive Housing Affordability Strategy, the
lnclusionary Housing Ordinance, the Density Bonus Ordinance and the
affordable housing requirements of the approved Zone 20 Specific Plan.
2. The project will provide a total of 63 apartment units (Studio, 1, 2 and 3
bedroom) affordable for rent to households at 80% or below the county median
which meets a number two priority as outlined within the City of Carlsbad’s
1993-l 998 Comprehensive Housing Affordability Strategy (CHAS). The project,
therefore, has the ability to effectively serve the City’s housing needs and
priorities as expressed in the Housing Element and CHAS.
3. The project appears to be financially feasible based on review of the prospective
sources of subsidy and projected costs.
CONDITIONS:
1.
2.
3.
. . . .
. . . .
Recommendation of approval is granted for AHP No. 94-3, as shown on Site
Development Plan 92-06, dated August 5, 1993, incorporated by reference and
on file in the Housing and Redevelopment Department. Development shall occur
substantially as shown unless otherwise noted in the conditions of project
approval by the City Council.
Recommendation of approval is granted for AHP No. 94-3 subject to the
condition that the applicant submit an acceptable schedule for co.nstruction of
the required ratio of income restricted units for inclusion in the final Affordable
Housing Agreement to be approved prior to Final Map. The schedule shall
indicate acceptable construction phasing for the affordable units in relation to
the construction of the market rate units.
The applicant shall maintain rents at the allowable affordable rate (based on
household size) for low income households with incomes equal to 80% of the
county median upon lease up of units and continuing for the full period of
affordability.
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4.
5.
The affordable housing units must be restricted for “the useful life of the
project” which means a minimum of 55 years.
Upon final approval of said affordable housing project and prior to final map
approval, the applicant shall enter into an Affordable Housing Agreement with
the City of Carlsbad. The agreement shall be binding to all future owners and
successors in interest. The Affordable Housing Agreement shall include all
terms and conditions of said project approval and outline the incentives
(financial or other), if any, to be provided by the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Housing Commission of the City of Carlsbad, California, held on the 13th day of
January, 1994, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
EDWARD SCARPELLI, Chairperson
Housing Commission
ATTEST:
EVAN BECKER, Housing and Redevelopment Director
EXHIBIT 2
. DONALD A. AGATEP & ASSOCIATES
Cify 6 Regional Planning Consultants
December 31 ,1993
Housing & Redevelopment Director
City of Carlsbad
2965 Roosevelt St
Carlsbad, CA 92008
Re: Sambi Seaside Heights CT 92-02, Housing Commission Review Application,
Toyohara America Inc., Developer
The referenced applicaion for City of Carlsbad Housing Commission Review is submitted to
satisfy Sambi Seaside Height’s obligation to comply with the City of Carlsbad General Plan
Housing Element by providing a fair share of affordable housing within the project, in the City
of Carlsbad’s Southwest quadrant ; and, with Growth Management Zone 20 Specific Plan.
The Sambi Seaside Heights project, CT 92-02IPUD 92-03/SDP 93-06, is comprised of 349
units on 68+ ac, located easterly of future Hidden Valley Road, northerly of future Camino de
las Ondas, between the future City of Carlsbad Poinsettia Park facility and the SDG&E
Easement to the east. Sambi Seaside Heights is requesting a 11.8% density bonus,
therefore; 20% or 63 units, are designated as lower-income afforadable “Rental” housing
units, and located in the proposed 72 unit Garden Apartment portion of the project.
The proposed affordable housing units provide a mix of 10 studio/bachelor units,
10 one bedroom units, 31 two bedroom units & 12 three bedroom units (10% of affdble units).
The affordable units are intended to be available for retired & semi retired couples, young
couples and young families.
The Planning Commission reviewed the Sambi Seaside Heights project at Public Hearing
Dee 15, 1993 and recommended approval, P.C. Resos 3591,3592,3593 & 3594.
The Sambi Seaside Heights project meets the housing need and priorities of the City of
Carlsbad General Plan Housing Element, Growth Management Zone 20 Specific Plan - SP
203) objectives and is consistent with the City of Carlsbad lnclusionary Housing Ordinance for
the following reasons:
Compliance with City of Carlsbad Housing Element Goals:
“Goal #1 Sambi Seaside Heights’ design is compatible with the existing residential
units to the south and is architecturally designed in the same manner and
style as the proposed market rate units
“Goal #2 Sambi Seaside Heights will provide 63 units to renters who can pay but 80%
or less of their median income per year allocated for housing costs within the
City of Carlsbad.
DAlSmbi /I 2/31 I93
2956 Roosevelt Street l Post OfFce Box 590 l Carlsbad l Culifbrniu 92008 l (619) 434-1056 . fRlr (619) 434-81 4 \o
Ppge2 -
.Sambi Seaside Heights- JT 92-02
Housing Commission Review Appl
Dec31,1993
City of Catlsbad Housing Element Goals (cont’d):
“Goal #3 Sambi Seaside Heights provides a mix of housing sizes in an larger project
and in close proximity to City facilities: i.e. proposed Alga Rd extension
northerly from Poinsettia Lane & future Poinsettia Park to the west,
“Goal #4 Sambi Seaside Heights is within l/2 mile of commercial facilites (Poinsettia & l-5) to
the west; public transportation routes (future Hidden Valley Rd between PAR &
Camino de las Ondas/future Alga Rd) and; employment opportunities.
“Goal # 5 Sambi Seaside Heights will comply with open housing practices as required
and enforced by an Affordable Housing Agreement to be approved prior to
CT 92-02 Final Map recordation.
Compliance with Growth Management Zone 20 Specific Plan (SP-203)
Ord #NS-257:
O Sambi Seaside Heights provides on site lower-income (80%) affordable units
integrated with the proposed 349 unit Sambi seaside Heights project.
O The Sambi Seaside Heights project is coordinated with surrounding properties by
providing major Circulation Element Roadways (Alga Rd) as well as circulation and
pedestrian access to Public Facilities including Poinsettia Park, from PAR & Camino de
las Ondas.
O The proposed affordable units are compatible with proposed & existing multi-family
land uses to the south & west.
O Sambi Seaside Heights provides an attractive, well buffered project serving the unit
resident as well as the neighboring residents
O Sambi Seaside Heights provides on site active and passive recreational ammenities.
Compliance with lnclusionary Houslng Ordinance 21.85 010 CMC:
O Sambi Seaside Heights provides 20% of the total project for affordable (lower -
income) residential units. The project complies with Zone 20 Specific Plan & General
Plan Housing Element.
O 10% of the project reserved for lower income households (12 units) have 3 bedrooms.
We believe the Sambi Seaside Heights project complies with/or exceeds applicable City of
Carlsbad General Plan Housing Policies, Growth Management Zone 20 Development policies and
the Purpose & Intent of the City of Carlsbad lnclusionary Housing Ordinance.
On behalf of Toyohara America Inc. I respectfully request the City of Carlsbad Housing
Commission Staff accept the Sambi Seaside Heights application and schedule the matter before
Carlsbad’s Housing Commission Jan 13, 1994
eveloper Representative
cc: K. Kawakita, Pres., Toyohara America Inc, Owner/Applicant
DA/Smbi/l2/31 R3
2956 Roosevelt Street l Post Office Box 590 l Curlsbad l Cal(fbrniu 92008 l (629) 434-1056 l fm (619) 434-82
CITY OF CARLSBX - AIw%f-3
DUSIXG COMMISSION RJWIEif .J’PLICATION
I. APPLICANT/DEVELOPMENT TEAM ~MFOFW~TION
Name of Applicant: ‘JDYOHAR?i AMERICA INC
Mailing Address: 8649 FIRESIWE BLVD
DcxIJNEy,a 90241
Telephone No.: (310) 861-3808
Identify Development Team (ie., developer, builder, architect, etc.):
1) Toyohara America Inc.; K.Kawakita Pres - DEVEL0PER
2) Planning Consultant- Dan Agatep
3) Civil Engineer -Land Space Engineering/ Alex Pantich 4) Architect- Kunio Inoue, AIA 5) Landscape Architect - Planning Systems/ Steve Ahles,
II. GENERAL PROJECT INFORMATION
Project Name: SAMBI SEXXDE HEIGHTS
Describe General Location of Project: l/4 mile north ofpoinsettia In; Northeast comer of future Alga Rd &
future extension of Camino de las Ondas.
Eastern 25% of APN 214-140-07
Project Address: Northeast comer of future Alga Rd & future Camino de las Cmdas
Site Parcel No(s).: I& 133 of Vesting T.M. Cl? 92-02/PUD 92-03
Total Number of Affordable Units Required (if.applicable): 63 units
Total Number of Affordable Units Proposed: 63 affordable units of 72 apartment units
Type of Units (ie., garden apartments, detached, etc.):
~~~oposed 72 unit C&rdenAppartmentProject
Size (in square feet)ofeach Unit: Bldg Typ I = Unit A 551 sqft/studio; Unit ElBd/lBa(713 sqft) Unit C- 2Bd/2Ba (985 sqft); Unit E- 3Bd/2Ba (1017 sqft) la J.1 Bedroom Sabution of Units: I SyLL]
10 x 551 sqft (16%); 10x 1 Bd-713 sqft (16%); 31 2Bd/E!a (both types)= 49% Il.,? -iI. I-3 A 2 &lua \I Describe any special features/amenities to be included within project: iambi Garden Apartments provides: Unobstructed views of the back country, 2 covered parking spaces, totlot/wading pc
5 BBQ areas, Adult poOl/sE=, Multi-purpose play areas & separate Basketball/
Volleyball Facility
Housing Commission Review Application
Page 1 12/P 93
A
\Q
XI. TEWIS OF AFF ‘)ABlLlTY FOR AFFORDABLE UNITS (d [ACH ADDITIONAL INFORMATION IF
NECESSARY)
rargeted Income Levels (as % of area median): 803
rarget Population (ie., families,seniors, etc): Semi-retired, Young co*les/young familes
$Ionthly&&(by bdr. size) orI”Price of Units: Bldg Typ I 551 sqft Unit A = $499/m Bldg typ II 2Ed/Ba.887 sqft =$840/ 1 Bd/Ba-731 sqft Unit B = $720/m UnitD 2 Bd/Ba-985 sqft Unit G = $910/m 3 Ed/Ba=lO17 sqft nit E = $935/mo
rerm of Affordability (ie., 30 yrs, life of project, etc.): 30 yrs
Projected Schedule for Construction of Affordable Housing Units:
Within 5 yrs of recordation of Final Map
If the affordable units are being constructed to satisfy the City of Carlsbad’s Inclusionary Housing requirement, how
will they be phased with respect to construction of the market rate units? Please Explain Project Phasing:
Single Phase- within 5 yrs of recordation of Final Map
IV. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT
Please attach a copy of development and operating financial proformas showing sources and uses of funds to
accomplish the affordable units proposed in this application. In the proformas, please identify your subsidy sources
and appropriate justifications for use of these sources.
Describe the local financial assistance or incentives, if any, including specific terms desired for the affordable housing
project which you are, or will be, requesting from the City of Carlsbad:
N/A
Identify any other project conditions which may be relevant to project feasibility:
Project affordability could be enhancedby:
1) Reducing City of Carl&ad Impact Fees
2) Modification to Carl&ad District Fees for "Afford.ale tlnits" especially units and units for semi-retired individuals.
Housing Commission Review Application
Page 2 1218193
7. REQUIRED ATTACI, .NTS TO APPLICATION
Ie following items must be attached to this application:
t Sire Development Plan for Affordable Housing Units;
t Narrative describing how the,project meets the Housing Needs and Priorities as expressed within the City of
Carlsbad’s Housing Element and Comprehensive Housing Affordability Strategy;
D Narrative on the project’s consistency with the City of Carlsbad’s Affordable Housing Policies as expressed in the
Housing Element, Inclusionary Housing Ordinance, General Plan and other related documents;
D Development and Operating Financial Proformas indicating sources and uses of funds for the project, including
justification and identification of subsidy sources;
D Complete description of financial assistance or incentives including .specifk terms that are, or will be requested from
the City of Carlsbad for the project, if applicable; and,
B Completed Disclosure Statement of Ownership Interests within the project.
il. APPLICATION SIGNATURES
?ropert Owner Name Address and Telephone No.: JbYOHARA AM&WA INC
8649 Firestone Blvd, mey, CA 90241 (310) 861-3808 [, the underslgned, do hereby certify that I am the legal owner of the subject property and that the above information
s true and correct to the best of my knowledge.
Signature CL- P+t EToQ-TmuW L.\&tekc 31 I 93
[, the undersigned applicant, do hereby certify that I am the representative of the legal owner of the subject property
and that the above information is true and correct to the best of my knowledge.
Applicant Don Agatep, Re a, mica, Inc
Signature: n Date Dee 31, 93
\i/qf-=lp
THE BOX BELOW IS FOR CITY USE 0
Date Application Received* /w
.B Application Received By: -A-l&F&
Staff Recommendation: APRON% LJ/ CO-lTlO~~ .
Date of Housing Commission Review:
/w-lP wc(-3
Action on Applicatioxi by Housing Commission:
Other Comments:
Housing Commission Review Application
Page 3 1218 93
P
DISCLOSURE STATEMENT
A?PLlCAM’S STA\rEMEvr OF XCLXURE OF CERTAIN OWNERSHlP IMERESTS ON ALL APPLICATIONS WHICH WILL XOUIFE
;,rSCGffTIONA\RY ACTICN CN ;.nE PART OF THE ‘3-f CCGNCIL OR ANY APPOINTED BCARO. COMMISSION OR CChwu-i-fEE.
I
{Please Print)
I . .j ..*_ The following information must be dis&osed: ” .’ ‘. ‘1 ” I . T I ,. . . ,’
. . .‘
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
30‘10HARA AMERICA, Inc c/o nnvl,7lf3 A AGAI’FP (DBA) Sunbelt Plannine: CO. 2q,55 Roosevelt St +I. 8641 Pirestone Blvd Downey , CA‘ 90241 $.: Carlsbad, c.4 ?;008 . . . . i
2. - Owner
List the names and addresses of all persons having any ownership interest in the property involved. .
TOHOI-IARA AM RI,A. ____. (DBA) Sunbelt ;lani:& CO.
8641 Firestone Blvd
Downeg, CA 302iil
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the irames act
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersh::
interest in the partnership.
Seizo f-I. TOYOHAR.4;ClxinmnoftheBoard Kazuyuki KAWAKITA; Director, President 10355 Brookshire Ave 11432 Hanover, Ct., Cerritos. Ca. 90701
Downey, CA 75241 Sayoko AOYAGI; Treasurer
Kinko K. TOVOYARA; Director, Secretary 16510 Stonehaven Ct. Same as above La Mirada, Ca. 90638
4. If any person idetiilied pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar.e
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar;
cf the trust.
2075 Las Palmas Drrve l Carlsbad. California 92009-4859 l (619).438-l 161
. .
‘YYOWARA AMERICr - GROUP
DDA !hrnbi of Tokyo
WEST COAST JACKSON INC.
COAST RESTAURANT DEVELOPMENT
SUNDELT PLANNING CO.
JAPAN SHIATSU CENTER OF U.S.A INC.
8646 FIRESTONE DOULEVARD. DOWNN, CALIFORNIA 9024 1, PHONE (2 13) 86 l-3808. FAX (213) Ml-9432
February 14, 1992
City of Carlsbad
and. Property Owners of Zone 20
To whom it may concern,
RE: Designation of Representative for TOYOHARA AMERICA INC. dba SUNBELT PLANNING CO. APN 214-140-07
TOYOHARA AMERICA, INC. dba SUNBELT PLANNING CO. hereby
authorizes DONALD A. AGATEP, Planning Consultant, to represent our interest in all matters relating to;
1) The alignment, financing and construction College
Blvd. through our properties, and for Poinsettia Lane as it may impact the property.
2) Impacts of the Local Facilities Plan for Zone 20
on our ownership,
3) Processing all discretionary actions required by the City of Carlsbad to develop our 682 property including but not limited to; a) Applications for a Tentative Subdivision Map b) Applications for a Planned Development/Site Development Plan c) Applications for development approval from the California Coastal Commission, if required.
In addition to correspondence sent ,to our address, please
send all notices of issues or meetings to Mr. Agatep, P.O. BOX 590, Carlsbad, Ca. -92008, Phone (619)434-1056,
so that we will be represented in the above matters.
Thank you for your .cooperation.
TOYOHARA AMERICA, INC.
dba SUNBELT PLANNING CO.
cc: City of Carlsbad Jack Henthorn & Associates
HEAD OFFICE: 2-I-2 KAJICHO. CHIYODA-KU. TOKYO, JAPAN. PHONE 03 (253) 1911, FAX 03 (258) 0048
. Dee 31, 1993
PRELIMINARY SAMBI SEASIDE HEIGHTS PROFORMA CT 92002/PUD 92-03 63 Unit Affordable Housing Rental Apts
Affordable Cost
Affordable Hsg Mix
Percentage of 63 Units
Bldg Typ 1
studio
550 sqft
10
16%
A. PROJECT COST
1) Bldg cost @ $45/Sqft
2) On-Site lmprmt
3) Off-Site Imprmt
Sub total
4) Bldr’s Profit 10%
5) Arch/Plng/Eng @ 10%
6) Impact Fees (Apts)
7) Contingencty @ 10%
Sub total
8) Cnst Int/Carry @ 9%
9) Land Cost
TOTAL
B. PAYMENTS
1) Mrtg @ 8%
($7.35/$1000.00)
2) Tax/Ins @ 1.5%
Sub total
3) Mgmt/Rsvr @25%
Sub-Total
4) Less Vacancy @ 5%
MO Pymt
C. AFRD MO RENT
80 % of Median
(93 Csbd Aff Hsg Schd)
Difference
COMMENTS:
Bldg Typ I
1 Bdrm
713 sqft
10
16”/0
$24,750
$ 6,387
$ 2,185
$33,522
$ 3,352
$ 2.475
$10,387
$ 3.352
$53,088
$ 398
$
$53,486
$32,085
$ 6,387
Et%
$ 4:064
$ 3,208
$11,056
$ 4.064
$63,039
$ 473
$ 000
$63,512
$ 393.12 $ 466.81
$ 66.86 79.39 $
$ 459.98 $ 546.20
$ 115.00 136.55 $
$ 474.97 $ 682.75
$ 23.75 34.14 $
$ 498.72 $716.90
$585.00 $673.00
$ 86.25 c$ 43.8%
Prepared by 0. AgatepRambi Seaside Heights.
DA/Smbi-Prfma/l O/l 5193
Bldg Typ II
2 Bdrm
887 sqft
19
30%
$39,915
$ 6,387
2.185 $
$48,487
$ 4,848
$ 3,991
$11,707
$ 4,848
$73,881
$ 554
000 $
$74,435
$ 547.10
$ 93
$ 64O:l:
160.03 $
$ 800.17
$ 40.00
$ 840.17
$834.00
<$ 6.17>
Bldg Typ I
2Bdrm
985 sqft
12
19%
$44,325
$ 6,387
!&%
$ 5,i89
$ 4,325
$12,087
$ 5.289
$79,887
$ 599
ki-fk J
$ 591.57
100.61 $
$ 692.18
173.05 $
$ 865.23
$ 43.26
$ 908.49
$834.00
<$ 74.50>
Bldg Typ I
3 Bdrm
1017 sqft
12
19%
$45,765
$ 6,387
$ 2.185
$54,337
$ 5,433
$ 4,576
$12,209
$ 5.433
$81,998
$ 615
$ 607.20
103.26 $
$ 710.46
$ 177.62
$ 888.07
$ 44.40
$ 932.47
$963.00
$ 30.53
- EXHIBIT 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
23.
22
23
24
25
26
27
28
HOUSING COMMISSION RESOLUTION NO. 94-003
A RESOLUTION OF THE HOUSING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA TO RECOMMEND
APPROVAL OF THE DEVELOPMENT OF 63 APARTMENT
UNITS AFFORDABLE TO LOW INCOME HOUSEHOLDS
WITHIN THE SAMBI MASTER PLAN ON PROPERTY
GENERALLY LOCATED EAST OF PASEO DEL NORTE,
NORTH OF CAMINO DE LAS ONDAS AND SOUTH OF
PALOMAR AIRPORT ROAD.
APPLICANT: TOYOHARA AMERICA INC.
CASE NO.: AHP 94-3 (CT #92-02 And SDP #92-06)
WHEREAS, an Affordable Housing Project (AHP) Application (No. 94-3)
has been submitted to the City of Carlsbad’s Housing Commission for review and
consideration;
WHEREAS, said Housing Commission did, on the 13th date of January,
1994, hold a public meeting to consider said application; and
WHEREAS, at said public meeting, upon hearing and considering all
testimony, if any, of all persons desiring to be’heard, said Commission considered all
factors relating to the application.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing
Commission of the City of Carlsbad, California, as follows:
1.
2.
3.
The above recitations are true and correct.
That based on the information provided within the application and
testimony presented during the public meeting of the Housing
Commission on January 13, 1994, the Commission recommends
APPROVAL of Affordable Housing Project (AHP) No. 94-3 containing 63
apartment units to be affordable to low income (80% of county median)
households subject to the findings and conditions outlined’herein.
That the Commission’s recommendation for approval of said affordable
housing project does not include support for any financial assistance for
the project.
1
2
3
4
5
6
7
E
S
1c
11
li
1:
14
1:
1E
17
l[
15
2c
21
22
2:
21:
2f
2f
27
2E
. . . .
. . . .
.*..
. . . .
. . . .
FINDINGS:
1. The project is consistent with the goals and objectives of the City of Carlsbad’s
Housing Element and Comprehensive Housing Affordability Strategy, the
lnclusionary Housing Ordinance, the Density Bonus Ordinance and the
affordable housing requirements of the approved Zone 20 Specific Plan.
2. The project will provide a total of 63 apartment units (Studio, 1, 2 and 3
bedroom) affordable for rent to households at 80% or below the county median
which meets a number two priority as outlined within the City of Carlsbad’s
1993- 1998 Comprehensive Housing Affordability Strategy (CHAS). The project,
therefore, has the ability to effectively serve the City’s housing needs and
priorities as expressed in the Housing Element and CHAS.
3. The project appears to be financially feasible based on review of the prospective
sources of subsidy and projected costs.
CONDITIONS:
1.
2.
3.
. . . .
. . . .
Recommendation of approval is granted for AHP No. 94-3, as shown on Site
Development Plan 92-06, dated August 5, 1993, incorporated by reference and
on file in the Housing and Redevelopment Department. Development shall occur
substantially as shown unless otherwise noted in the conditions of project
approval by the City Council.
Recommendation of approval is granted for AHP No. 94-3 subject to the
condition that the applicant submit an acceptable schedule for construction of
the required ratio of income restricted units for inclusion in the final Affordable
Housing Agreement to be approved prior to Final Map. The schedule shall
indicate acceptable construction phasing for the affordable units in relation to
the construction of the market rate units.
The applicant shall maintain rents at the allowable affordable rate (based on
household size) for low income households with incomes equal to 80% of the
county median upon lease up of units and continuing for the full period of
affordability.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.,..
. . . .
4. The affordable housing units must be restricted for “the useful life of the
project” which means a minimum of 55 years.
5. Upon final approval of said affordable housing project and prior to final map
approval, the applicant shall enter into an Affordable Housing Agreement with
the City of Carlsbad. The agreement shall be binding to all future owners and
successors in interest. The Affordable Housing Agreement shall include all
terms and conditions of said project approval and outline the incentives
(financial or other), if any, to be provided by the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Housing Commission of the City of Carlsbad, California, held on the 13th day of
January, 1994, by the following vote, to wit:
AYES: AVIS, ROMBOTIS, NOBLE, SATO, WELLMAN, ESCOBEDO,
SCARPELLI, PETERSON
NOES: NONE
ABSENT: CALVERLY, NANCY , f-7
ABSTAIN: NONE
,
D SCARP’kLLI, Chairperson
Commission
ATTEST: && -
EVAN BECKER, Housing and Redevelopment Director
MARCH 14,
TO:
FROM:
SUBJECT:
1994
CITY MANAGER
ASSISTANT PLANNING DIRECTOR < ‘,J’- --
REVISED CONDITION - CT 92-02 - SAMBI
Staff is recommending that Condition No. 59 of Planning Commission Resolution No.
3591 be amended to read as follows:
59. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello II Local Coastal Program (LCP) the applicant shall
implement one of the following three mitigation options prior to approval of the final
map:
a.
b.
C.
Preserve prime agricultural property within the Coastal Zone consistent with
the provisions of the Carlsbad LCP; or
Illustrate that continued or renewed agricultural use is not feasible per the
guidelines of Mitigation Option 2 of the Local Coastal Program; or
Provide payment of an agricultural mitigation fee, the amount of which shall
not be less than $5,000 nor more than $10,000 for each net converted acre.
The amount of the fee shall be determined prior to approval of the final map
and shall be consistent with the provisions of Carlsbad’s LCP.
The modified wording does not alter the intent of the original condition, however, it does
provide better consistency with Carlsbad’s Local Coastal Program.
arb
:
! >. LS j :: ‘i_ : b+, ‘“A I c v) :, 3% : \+ 2 e *1, :w e t ,, x 1.
NOTICE OF PUBLIC HEARING
CT 92-Z/PUD 92-3/SDP 92-6 - SAMBI
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, March 15, 1994, to consider approval of a Conditional Negative Declaration and an application for a Vesting Tentative Tract Map, Planned Development Permit and Site Development Plan, to subdivide 129 single family lots, subdivide and construct 76 townhomes and 72 condominium units, construct 72 apartment units, and designate two future
community facility sites all on property generally located east of Paseo De1 Norte, north of Camino de las Ondas, and south of Palomar Airport Road, in the
RD-M-Q Zone and R-1-10,000-Q Zone in Local Facilities Management Plan Zone 20, and more particularly described as:
The South Half of the Southeast Quarter and the South 60 acres of the North Half of the Southeast Quarter of Section 21, Township 12 South, Range 4 West, San Bernardino Base and Meridian, County of San Diego,
State of California, according to United States Government Survey approved October 25, 1875, according to the Official Plat thereof.
If you have any questions regarding this matter, please call Jeff Gibson in the
Planning Department, at 438-1161, ext. 4455.
If you challenge the Conditional Negative Declaration, Vesting Tentative Tract
Map, Planned Development Permit and/or Site Development Plan in court, you may
be limited to raising only those issues raised by you or someone else at the
public hearing described in this notice, or in written correspondence delivered
to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing.
APPLICANT: TOYOHARA AMERICA, Inc. PUBLISH: March 4, 1994
CARLSBAD CITY COUNCIL
--
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 for a
Conditional Negative Declaration, a Vesting Tentative Tract Map, Planned Development Permit, Site
Development Plan, ane to subdivide 129 single-family lots, subdivide
and construct. 76 townhomes and 72 condominium units, construct 72 apartment units, and
designate two future community facility sites all on property generally located east of Paseo De1
Norte, north of Camino de las Ondas, and south of Palomar Airport Road, in the RD-M-Q Zone and
R-1-10,000-Q Zone in Local Facilities Management Plan Zone 20 and more particularly described
as:
The South Half of the Southeast Quarter and the South 60 acres of the North Half
of the Southeast Quarter of Section 21, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, County of San Diego, State of California, according
to United States Government Survey, approved October 25, 1875, according to the
Official Plat thereof.
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 Jeff Gibson in the Planning Department at (619) 438-1161, ext. 4455.
If you challenge the Conditional Negative Declaration, a Vesting Tentative Tract Map, Planned
Development Permit, Site Development Plan, and Hillside Development Permit in court, you may
be limited to raising ‘only those issues you or someone else raised at the public hearing described
in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public
hearing.
CASE FILE: CT 92-02/PUD 92-03/SDP 92-06m
CASE NAME: SAMBI
(Form A)
TO:
FROM:
RE:
CITY CLERK’S OFFICE
PLANNING DEPARTMENT
PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice CT 92-02/PUD 92-031
SDP 92-06/HDP 92-03 - SAMBI for a public hearing before the City Council.
Please notice the item for the Council meeting of
Thank you.
MARTY ORENYAK FEBRUARY 4, 1994
Assistant City Manager
Attachments
Date
SAMBI
CT 92-2/SDP 92-9/
PUD 92-2/HDP 92-3
BRAMALEACALIFORNIA INC AHARONABADA
100 BAYVIEWCR #2000 6121ROMANYDR
NEWPORTBEACH CA 92660 ... SAN DIEGO CA 92120
RONALDLROESCH CARLSBAD HEIGHTSASSOC
2800 NEILSONWAY #708 4499 RUFFIN RD #300
SANTAMONICA CA 90405 SANDIEGO CA 92123
GREAT AMER FED SAVINGS ASSOC
C/O V WESSEL
6795 FLANDERS DR #3063
SAN DIEGO CA 92121
DALJIT S & ELAINE SARKARIA DONALD A AGATEP
PO BOX 5986 2956 ROOSEVELT ST #1
ORANGE CA 92613 CARLSBAD CA 92008
FACILITIES FOR SAMBI
COUNTY OF SAN DIEGO
5201 RUFFIN RD #B
SAN DIEGO CA 92123
INT PARTIES
ZONE 20
ENGINEERING
RONALD McKINNEY
EVONS GARDENS
6525 EL CAMINO REAL
CARLSBAD CA 92008
SUNBELTPLANNING CO INC 8641 FIRESTONE BLVD
DOWNEY CA 90241
SCHINDLER’FAM TR 04-26-90
648 MARSOLANAVE
SOLANABEACH CA 92075
RICHARD C KELLY& ROBERTPKELLYTR 2770 SUNNYCREEKRD CARLSBAD CA 92008
UTILITIES & MAINTENANCE
’ A”NBELT. PLANNING co -IN -
8641 FIRESTONE BLVD
. Z’JWNEY CA 90241
.I -i
SCHINDLER FAM TR 04-i6-90
648 MARSOLAN AVE
SOLANA BEACH CA 92075
8
RICHARD C KELLY TR &
ROBERT P KELLY TR
2770 SUNNY CREEK RD
CARLSBAD CA 92008
1
SUNBELT PLANNING CO INC
8641 FIRESTONE BLVD
DOWNEY CA 90241
4
SCHINDLER FAM TR 04-26-90
648 MARSOLAN AVE
SOLANA BEACH CA 92075
8.
RICHARD C KELLY TR &
ROBERT P KELLY TR
2770 SUNNY CREEK RD
CARLSBAD CA 92008
2
BRAMALEA CALIFORNIA INC
100 BAYVIEW CIRCLE # 2000
NEWPORT BEACH CA 92660
5
RONALD L. ROESCH
2800 NEILSON WAY #708 ’
SANTA MONICA CA 90405
7
GREAT AMER SAVINGS ASSOti
C/O V WESSEL
6795 FLANDERS DR #3063
SAN DIEGO CA 92121
2
BRAMALEA CALIFORNIA INC
100 BAYVIEW CIRCLE # 2000
NEWPORT BEACH CA 92660
5
RONALD L. ROESCH
2800 NEILSON WAY #708
SANTA MONICA CA 90405
7
GREAT AMER SAVINGS ASSOC
C/O V WESSEL
6795 FLANDERS DR #3063
SAN DIEGO CA 92121
3
AHARON ABADA
6121 ROMANY DR
SAN DIEGO CA 92120
6
CARLSBAD HEIGHTS ASSOC
4499 RUFFIN RD #300
SAN DIEGO CA. 92123
9
DAIJIT S & ELAINE SARKARIA
P.O. BOX 5986
ORANGE CA 92613
3
AHARON ABADA
6121 ROMANY DR
SAN DIEGO CA 92120
6
CARLSBAD HEIGHTS ASSOC
4499 RUFFIN RD #300
SAN DIEGO CA 92123
9 DALJIT S & ELAINE SARKARIA
P.O. BOX 5986
ORANGE CA 92613
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