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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/ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 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. --. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 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 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 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. 6. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 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 - 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 - -2- - - ~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 -3- - 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 -5 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 -6- 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. -8- i? 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). -9- - -. 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 -lo- 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~ -ll- .- 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 -12- 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 . ? ‘C m 3 5 u 2 .d & 5 a w % a -z re PLANNING COMMISSION RESOLUTION NO. 3591 22 23 24 25 26 27 28 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. 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 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: 1. 2. 3. 4. 5. 6. 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 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 7. 8. 9. 10. 11. 12. 13. 14. 15. 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 - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 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. PC PESO 3591 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 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 PC RESO 3591 5 - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 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. PC RESO 3591 6 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 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. PC PESO 3591 7 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 31. 32. 33. 34. 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. PCRFsO3591 8 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC PESO 3591 9 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 42. 43. 44. 45. 46. 47. 48. 49. 50. 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. PC EIESO 3591 10 - 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 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 PC PESO 3591 11 -. 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 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. PCRESO3591 12 - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PCFESO3591 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO 3591 14 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 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. PC RESO 3591 15 - 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 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 PC RESO 3591 16 - - 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 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. PC BESO 3591 17 - 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 16 17 1e 19 2c 21 22 22 24 25 26 27 28 103 . . . 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. PC RESO 3591 18 - 1 2 3 4 5 6 7 e 9 . 10 11 12 12 14 15 1c 17 1e 19 2c 21 22 23 24 25 26 27 28 104. 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. PC RESO 3591 19 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 28 105. 106. 107. 108. 109. 110. 111. 112. 113. 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. PC RESO 3591 20 $3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 2c 21 : 22 23 24 25 26 27 28 114. 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. PC PESO 3591 21 & 1 2 3 4 5 6 7 E s 1c 13 1: l? iL If l( 1: l{ 15 2( 21 2; 21 24 2: 2t 2’; 2E 4. 5. 6. 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: 1. 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: 120. 121. 122. 123. 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. PC PESO 3591 22 4 \x 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 28 125. 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 PC RESO 3591 23 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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. 1 2 3 4 I; " e 7 E S 1c 11 12 12 14 1: 1E 17 lf 1s 2c 21 22 23 24 25 26 27 28 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. PC RESO NO 3592 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. 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 PC RESO NO 3592 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 17. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 23 24 25 26 27 28 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 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 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. 1 2 z 4 fi ” 6 7 E S 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO 3593 2 -_ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO 3593 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 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 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 1 2 3 4 5 6 7 e 9 1C 11 12 12 14 1: 1E 11 1E 1s 2c 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 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 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 - 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. - 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 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 - 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 3. 4. 5. 6. 7. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 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. PC RESO NO. 3594 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 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. - -_ 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 SAMBI 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 SAMBI 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 L I \ i Y tz I , 12 :$ _____-------- Bi 0 -------______ G;a 0 ---------____ $2 i ! ,; z Cl i $ ’ (P 1 xc , .a! .Si 1: ;I g1 f tri ; I! ‘2 T-J a - =g $ 1’ 1 ,-y.i ?-.- - . -i-;~ -i -~--..-..-( 1 -~- -iw- ---- / r-77- ----2- ;; e : ” ;.i g % Q a !$’ 3 .3 I/) ,< I*- ;, if . = = ‘? - ! a ; : .- I- I E ,f ;[jg ‘D -b * -I=- I. _. i I-- 5 -f ---- 7ci--d4 i, L ii i&: ” ” @i& ’ , c .s E 2 W . \ -II ill- “. Cl _ ._ , -7 1 -4-l e E 0 CI 8: .” E VIZ 6 I Pi- --, , 11 i Cr St ii . !it @ 5 ‘5 e iii 3 :o ‘E AS ,o ,?! z .1 :.z 3 A- ^- ,..,t. i 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. . . 1 2 3 4 5 6 7 e 9 1c 11 If 1: 14 1: 1E 17 1E 1; 2c 21 2: 21 24 2: 2t 2’; 2l - 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 9 1c 11 12 12 14 lf 1E 17 1E 1s 2c 21 22 21 24 2: 2t 25 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-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. 1 2 3 4 5 6 7 e 9 1C 11 12 1: 14 If l( 17 lf 1: 2[ 21 2: 2: 24 2f 2t 2; 2E . . . . . . . . 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 . ., 4 I - - . . ; . .’ . . .