HomeMy WebLinkAbout1996-03-05; City Council; 13513; Greystone Purchase Villa Loma Housing CreditsCITY OF CARLSBAD - AGulDA BILL
AB# - TITLE- ). T/5 1.3
MTG. - 315196 REQUEST BY GREYSTONE HOMES, INC., TO
PURCHASE AFFORDABLE HOUSING CREDITS
DEPT. H/RED IN THE VILLA LOMA AFFORDABLE HOUSING
PROJECT
RECOMMENDED ACTION:
CITY All-Y. ai!-
That the City Council ADOPT Resolution No. %d -56 , DENYING a request by Greystone Homes, Inc.,
to enter into an Affordable Housing Mitigation Agreement with the City to purchase Affordable Housing
Credits in the Villa Loma Affordable Housing Project thereby satisfying the inclusionary housing obligation
of the project known as Costa Do Sol (CT 92-Ol(A)lPUD 92-Ol(A)/SDP 93-04(A)/SP-203(A)/HDP 92-
1 O(A).
ITEM EXPLANATION:
On November 9, 1995, the Housing Commission considered a request by Greystone Homes, Inc., to
satisfy the inclusionary housing obligation of the Costa Do Sol project by purchasing Affordable Housing
Credits in the Villa Loma Affordable Housing Project. The Housing Commission recommended denial of
the request (6-l; Avis). Pursuant to City Council Policies No. 57 & 58 regarding Off-site lnclusionary
Housing Projects and Sale of Affordable Housing Credits, the request by Greystone Homes with the
Housing Commission recommendation is now before the City Council for consideration as the final
decision maker on this matter. Policies No. 57 and 58 call for a process of staff review and
recommendation followed by Housing Commission consideration. This is documented in Exhibit 4 to the
Housing Commission Staff Report.
In recommending denial of staffs recommendation, the Housing Commission expressed a preference for
the developer’s original on-site affordable housing proposal, with modifications if necessary to address
feasibility issues.
On January 3, 1996, the Planning Commission recommended approval (5-l; Monroy) of amendments to
the Costa do Sol project that would permit the option of satisfying its inclusionary housing obligation off-
site through purchasing Affordable Housing Credits in the Villa Loma project in accordance with City
Council Policies No. 57 and 58.
FISCAL IMPACT
Based on the developer’s current affordable housing obligation of 21 units, the sale of Affordable Housing
Credits would result in revenue to the City of approximately $630,000. The sale revenue from the
developer will be foregone with a denial of the purchase request. If the developer pursues the proposed
on-site affordable project there may be a request of the City to assist the project in an amount that cannot
be determined at this time.
EXHIBITS:
1. City Council Resolution No.qb’% , d enying request by Greystone to purchase housing credits
in the Villa Loma Project
2. Staff Report to the Housing Commission, dated November 9, 1995 w/attachments
3. Minutes of the Housing Commission Meeting, dated November 9, 1995
COUNCIL ACTION: 3/19/96 Council directed the City Attorney to prepare documents
approving the request by Greystone Homes to purchase
Affordable Housing Credits in the Villa Loma Affordable ,
Housing Project.
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- EXHIBIT 1
CITY COUNCIL RESOLUTION NO. 96-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING A REQUEST BY
GREYSTONE HOMES TO PURCHASE UP TO 23
AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA
PROJECT IN ORDER TO SATISFY THE AFFORDABLE
HOUSING OBLIGATION OF THE COSTA DO SOL PROJECT
UNDER THE CITY’S INCLUSIONARY HOUSING
ORDINANCE
CASE NAME: COSTA DO SOL
units affordable to
ad has identified a need to provide at least 1400 housing
known as the Costa Do Sol Project, has an obligation to provide
23 units of housing afford City of Carlsbad’s
Inclusionary Housing Ordinance;
WHEREAS, the City’s Inclus eloper to satisfy the
affordable housing obligation in a Combi approval by the
City Council of the City of Carlsbad; and
WHEREAS, the developer of the Costa Do 1 project, Greystone Homes, has submitted
s the Villa Loma
Project, through purchase .of housing credits from the Cit
WHEREAS, the City Council agrees with the Housi ommission that the developer
can best meet the affordable housing needs of the community b uilding affordable housing
units within the Costa Do Sol project rather than purchasing hous credits in the Villa Loma
Combined Affordable Housing Project.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as follows:
1. That the foregoing recitations are true and correct.
2. That the City Council upholds the recommendation of the Housing Commission and
has denied the request by Greystone Homes Inc. to purchase up to twenty-one (21) Housing
Credits from the City of Carlsbad for participation in a Combined Inclusionary Housing Project,
known as the Villa Loma Affordable Housing Project, to satisfy the affordable housing
obligation for the Costa Do Sol Project (CT92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10) pursuant
to the City’s Inclusionary Housing Ordinance.
3. That the City Council agrees with the Housing Commission that Greystone Homes
Inc., developer of the Costa Do Sol Project, shall be required to construct the required
affordable housing unit on-site rather than through the purchase of housing credits within the
Villa Loma Combined Inclusionary Housing Project.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, held on the day of , 199,6 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
CC RESO NO. -2-
CLAUDE A. LEWIS, Mayor
- EXHIBIT 2
- I ,
THEC~TOFCAUSWID uoGsIlrc & RDGmmmm Dlmlmmm
A REPORT TO TEE HOUSING COMMISSION
Item No. 1
Staffz Evan Becker
Housing & Redevelopment Director
DATE: NOVEMBER 9,1995
SUBJECT: COSTA DO SOL AFFORDABLE HOUSING PROJECT - CT 92-OlMJ-D 92-
01/SDP 93-04/HDP 92-10 - Request for recommendation of approval for Costa
Do Sol to purchase Affordable Housing Credits in the Villa Loma project,
thereby satisfying an affordable housing obligation.
I. RJXOMMJZNDATION
That the Housing Commission ADOPT Resolution No. 95011, recommending APPROVAL
of a request by Greystone Homes, Inc. to purchase 23 Affordable Housing Credits in the Villa
Loma affordable housing project in order to satisfy the affordable housing obligation of the
Costa Do Sol project under the City’s Inclusionary Housing Ordinance.
II. BACKGROUND
On November 3, 1993, Aharon Abada, the applicant for the Costa Do Sol project received a
recommendation from the Planning Commission for approval of a Tentative Tract Map, Planned
Development Permit, Site Development Plan and Hillside Development Permit to subdivide and
construct 112 single-family homes and 40 condominium units. On March 1,1994 the application
was approved by the City Council. The project is subject to the Inclusionary Housing Ordinance
and, as approved, must provide a minimum of 23 units of housing affordable to lower income
households. The applicant’s affordable housing proposal which was recommended by the
Housing Commission to the City Council was to incorporate 23 affordable units into the 40-unit
for sale condominium project.
Since receiving its approvals, Costa Do Sol has been acquired by another developer, Greystone
Homes, Inc. Although Greystone has entered into an Affordable Housing Agreement with the
City to develop its on-site affordable housing as approved, they are requesting that they be
permitted to purchase Affordable Housing Credits (credits) in the Villa Loma project in lieu of
on-site construction. The City’s Inclusionary Housing Ordinance permits off-site satisfaction of
an inclusionary requirement through participation in a Combined Inclusionary Housing Project
(“Combined Project”) if the City Council determines that it is in the public interest. Purchase
of credits in the Villa Loma project constitutes participation in a Combined Project.
.Policies Regarding Off-site Projects and Purchase of Affordable Housing Credits
The City Council has adopted two policies (Nos. 57 and 58) which deal with off-site or
Combined Projects and the sale of Affordable Housing Credits. The policies are attached as
Exhibits 2 and 3. In the case of Costa Do Sol, both policies apply because a purchase of Credits
.
- , 1
. COSTA DO SOL AFFORDABLE HOUSING PROJECT
CT 92-01 /PUD 92-01 /SDP 93-04/HDP 92- 10
constitutes participation in an off-site Combined Project (Villa Loma). The process established
by these policies calls for a staff Project Review Committee to consider requests to satisfy
inclusionary housing requirements off-site and/or requests to purchase Credits. The Project
Review Committee evaluates the requests and makes a recommendation to the Housing
Commission and City Council. The result of this staff evaluation is attached as Exhibit 4.
Included is a report of the Committee’s meeting, the “worksheet” used for the Committee’s
deliberation and the applicant’s letter requesting to purchase Credits. The Committee’s role is
to determine if the request substantially satisfies the criteria spelled out in the policies.
Recommendation
The Project Review Committee recommends that the request to purchase Credits be approved.
Although the application of the policy criteria gave mixed results, overall it was concluded that
a case could be made that the purchase of credits is in the public interest. This conclusion was
based primarily on the fact that 1) units are available in a quality project nearing completion in
the Southwest Quadrant and 2) the on-site option proposed by the applicant may face feasibility
issues. The Committee was impressed that there may be nearly 500 affordable units completed
or under construction in the Southwest Quadrant in 1996, with other on-site projects in
processing. With affordable unit production apparently outpacing market development, it was
agreed that it is an appropriate time to utilize “excess units” and recover previous City
investment in the creation of those units. It was also determined that the applicant met other
criteria for purchasing Credits, principally the readiness and capacity to perform.
EXHIBITS
1. Housing Commission Resolution No. 95011
2. Council Policy No. 57 (wsite and Combined Inclusionmy Housing Projects)
3. Council Policy No. 58 (Sale of Aflora’able Housing Credits)
4. Project Review Committee Results
EB/ar
a
\ . Erwbit “2” to Housing Commission
Stt.r Report dated: November 9, 1995
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No. 57
Date Issued
Effective Date
Cancellation Date
Supersedes No.
General Subject: AFFORDABLE HOUSING
Specific Subject: Off-site and Combined
Inclusionary Housing Projects
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File.
BACKGROUND
The City’s Inclusionary Housing Ordinance (CMC Chapter 21.85) establishes certain requirements under
which residential developers must provide housing that is affordable to lower-income households as a
condition of project approval and permit issuance.
The Ordinance provides that inclusionary units “should be built on-site and, wherever reasonably possible,
be distributed throughout the project site.” The Ordinance also provides that “circumstances may arise.. .
in which the public interest would be served by allowing some or all of the inclusionary units associated with
one project site to be produced and operated at an alternative site or sites. ” This alternative is described
as a “Combined Inclusionary Housing Project” or “Combined Project”. The Ordinance, in addressing
Combined Projects, states that “it is the exclusive prerogative of the final decision making authority of the
City to determine whether or not it is in the public interest to authorize the residential sites to form a
Combined Inclusionary Housing Project. ”
PURPOSE
It is the purpose of this policy to establish the criteria which will be utilized in order to make the necessary
finding that off-site satisfaction of an inclusionary housing requirement, when proposed through a Combined
Project, is in the public interest.
POLICY
The following criteria will be applied in order to make the necessary public interest finding. Each criteria
is defined in terms of specific questions which, when affirmatively answered, would support an off-site
option:
Paqe 1 of 4 6
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CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No. 57
Date Issued
Effective Date
Cancellation Date
Supersedes No.
Zeneral Subject: AFFORDABLE HOUSING
specific Subject: Off-site and Combined
Inclusionary Housing Projects
Zopies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File.
1. Feasibilitv of the On-site Pronosal.
b Are there significant feasibilitv issues due to factors such as project size, site constraints, and
competition from multiple projects that make an on-site option impractical?
b Will an affordable housing product be difficult to integrate into the proposed market
development because of significant price and product type disparity?
b Does the on-site development entity lack the capacity to deliver the proposed affordable
housing on-site?
2. Relative Advantages/Disadvantages of the Off-site Pronosal
b Does the off-site option offer greater feasibility and cost effectiveness than the on-site
alternative, particularly regarding potential local public assistance and when applying the
City’s Affordable Housing Financial Assistance Policy.
b Does the off-site proposal have location advantages over the on-site alternative, such as
proximity to jobs, schools, transportation, services; less impact on other existing
developments, etc. ?
b Does the off-site option offer a development entity with the canacitv to deliver the proposed
project?
b Does the off-site option satisfy multiule develoner obligations that would be difficult to satisfy
with multiple projects?
Page 2 of 4
CITY OF CARLSBAD
Policy No. 57
Date Issued
Effective Date
COUNCIL POLICY STATEMENT Cancellation Date
Supersedes No.
General Subject: AFFORDABLE HOUSING
Specific Subject: Off-site and Combined
Inclusionary Housing Projects
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File.
3. Advancing Housing Goals
b Does the off-site proposal advance and/or support City housing goals and policies as
expressed in the Housing Element, CHAS and Inclusionary Housing Ordinance?
It is likely that off-site proposals will involve “mixed” results with the application of the above criteria. The
“public interest” finding shall be made when a Combined Project Review Committee made up of the City
Manager, City Attorney, Community Development Director, Financial Management Director, Planning
Director, Housing & Redevelopment Director, and the Mayor (ex-officio), reaches consensus that a proposal
substantially and affirmatively satisfies the above criteria and that this conclusion can be appropriately
documented through the use of a Combined/Off-site Project Evaluation Assessment Worksheet. (Attachment
1).
PROCEDURE
1. Projects with an inclusionary housing obligation will be processed according to the requirements of
the Inclusionary Housing Ordinance.
2. Project approvals must be conditioned with the option to propose an off-site method (i.e., Combined
Project) of satisfying the inclusionary obligation. A project proposing an off-site option may or may
not also propose an on-site option.
3. Prior to final map or issuance of building permits, applicants must submit an Affordable Housing
Agreement as described in the Inclusionary Housing Ordinance which specifically describes any off-
site proposal.
4. Off-site proposals in the form of a draft Affordable Housing Agreement will be reviewed by the
Combined Project Review Committee and it will be determined if the necessary findings can be made
by staff.
Page 3 of 4
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CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No. 57
Date Issued
Effective Date
Cancellation Date
Supersedes No.
- 1
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General Subject: AFFORDABLE HOUSING
Specific Subject: Off-site and Combined
Inclusionary Housing Projects
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File.
5.
6.
7.
Staff’s findings and recommendation, including the Combined/Off-site Project Assessment
Worksheet, will accompany the Affordable Housing Agreement to the Housing Commission for
action.
Prior to final map or issuance of building permits, the proposed Affordable Housing Agreement
will be considered by City Council along with the recommendation of staff and Housing
Commission.
City Council will be the final decision making authority in determining whether an off-site
proposal is in the public interest and permitting this option.
Page 4 of 4
OFF-SITE A-W COMBINED INCLUSIONARY HOUPW PROJECT . * .’ ASSESSMENT WORKSHEET
BACKGROUND
f. Off-site or Combined Project Name:
2. Applicant Name and Address:
3. Description of Project with lnclusionary Housing Obligation:
4. Proposed On-site Project Description (if any):
5. Proposed Off-site Project Description:
6. Description of On-site Project Constraints:
SUMIUARY OF ASSESSMENTCRITERIA
ASSESSMEMCONCLUSlOfV
(Check appropriate box)
DOf3NOTSUFFtXT !ixJ~Ts0ffsm
ASSESSMENT- oFF-snE-x lhuxwcLusM PROPOSAL
1. Feasibilitv of the On-site Proposal.
a. Are there significant feasibilitv issues due to
factors such as project size, site constraints,
and competition from multiple projects that make an on-site option impractical?
Brief Narrative:
b. Will an affordable housing product be difficult to intearate into the proposed market
development because of significant price
and product type disparity?
Brief Narrative:
c. Does the on-site development entity lack the capacitv to deliver the proposed affordable housing on-site?
Brief Nana live:
.
ATTACHMENT “1’ TO COUNCIL POLICY STATEMENT NO. 57
c. ‘?’ “WARY OF ASSESSMENTCRITE .- l
z
ASSESSMENT CONCLUSION
(Check appropriate box)
DOES Nor SUPPORT sumTs OFMnE
ASSESSMWT uulERl4 cn=F-mEPROPOSAL iKONUUSlE PROPOSAL
2. Relative AdvantaqeslDisadvantaqes of the Off-
site Proposal.
a. Does the off-site option offer greater feasibility
and cost effectiveness than the on-site
alternative, particularly regarding potential
local public assistance and when applying the
City’s Affordable Housing Financial Assistance
Policy?
Brief Narrative:
b. Does the off-site proposal have location
advantasres over the on-site alternative, such
as proximity to jobs, schools, transportation,
services; less impact on other existing
developments, etc.?
Brief Narrative:
c. Does the off-site option offer a development
entii with the capacitv to deliver the
proposed project?
Brief Narretive:
d. Does the off-site option satisfy multiple
develooer oblioations that would be difficult
to satisfy with multiple projects?
Brief Narrative:
3. Advancinq Housfiq Goals
a. Does the off-site proposal advance and/or
support City housing goals and policies
expressed in the Housing Element, CHAS
and lnclusionary Housing Ordinance?
Brief Narrative:
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Ext. - t “3” to Housing Commission
Staff Report dated: November 9,1995 ;
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No. 58
Date Issued September 12, 1995
Effective Date Sept. 12. 1995
Cancellation Date
Supersedes No.
General Subject: AFFORDABLE HOUSING
Specific Subject: Sale of Affordable Housing
Credits
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File.
PURPOSE
To establish a policy to be followed by City Council and City staff in selling Affordable Housing Credits,
zontrolled by the City, to developers who will use the Credits to satisfy obligations to provide affordable
lousing pursuant to the City’s Inclusionary Housing Ordinance (CMC Chapter 2 1.85).
BACKGROUND
[n the development of the 344-unit affordable housing project known as Villa Loma in the Southwest
&adra.nt of the City, the developers and the City created a project which may be treated as a Combined
?roject as defmed in the City’s Inclusionary Housing Ordinance. With City Council approval, Combined
?rojects allow “some or all of the inclusionary units associated with one residential project site to be
produced and operated at an alternative site”. The “alternative site” becomes a Combined Project. Villa
Loma was conceived and developed with City participation based on the creation of 184 excess affordable
Tousing units which would be available to satisfy other developers’ inclusionary housing obligations thus
naking it a potential Combined Project. City fmancial participation in the project was also based on the
:oncept of recovering costs through the sale of the excess units. Furthermore, Villa Loma was structured to
zive the City control of these units (Affordable Housing Credits or “Credits”) and their sale to potential
Zombined Project participants. Therefore, it is necezzzuy to establish -a policy to guide the City in the
:ffective implementation of these Affordable Housing Credit sales transactions.
?OLICY
I’wo basic factors will be considered in a Credit sale transaction -- the financial aspect, which is the Credit
Irking -- this determines cost to a purchaser and revenue to the City; and the affordable housing aspect,
which is the use of this mechanism to satisfy a developer’s obligation under the Inclusionary Housing
3rdinance. Based on these considerations, the following will guide Credit sales:
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CITY OF CARLSBAD
Policy No. 58
Date Issued Sept. 12, 1995
Effective Date Sept. 12, 1995
COUNCIL POLICY STATEMENT Cancellation Date
Supersedes No.
General Subject: AFFORDABLE HOUSING
Specific Subject: Sale of Affordable Housing
Credits
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File.
. The Credit price will be determined according to the following formula which divides the local Price.
financial contribution provided to the Villa Loma project by the total number of Credits available.
The local financial contribution consists of all City financial assistance provided to the project (either
as loans or expenditures for land including accrued interest on such amounts for the period of time
they are outstanding); and the local developer contribution to the project provided in order to satisfy
an affordable housing obligation):
Affordable Housing Credit Pricing Formula
= Unit Price of Affordable
+ Number of Affordable Housing Credits (Rounded
Local Financial Contribution HousinP Credits Available to nearest $1.000)*
City Contribution $4.2 Million*
Developer Contribution
(Aviara Land Associates) .9
TOTAL $5.1 Million
184 $28,000*
* To be adjusted with the addition of interest.
b Terms of Purchase and Sale. The commitment to purchase and sell Credits will be accomplished
through an Affordable Housing Agreement as required by the Inclusionary Housing Ordinance. This
Agreement will contain the terms of the Credit sale and will acknowledge the satisfaction of an
affordable housing obligation through participation in a Combined Project (Villa Loma).
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Page 3 of 4
CITY OF CARLSBAD
Policy No. 58
Date Issued Sept. 12, 1995
Effective Date Sept. 12, 1995
COUNCIL POLICY STATEMENT Cancellation Date
Supersedes No.
General Subject: AFFORDABLE HOUSING
Specific Subject: Sale of Affordable Housing
Credits
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File.
. Selection of Purchasers. The following procedure will apply to the selection of purchasers and
allocation of Credits:
1. Proiect Review. Staff, through the Combined Project Review Committee (see Council Policy
No. 57) will review all applications and approved projects with inclusionary requirements and
determine which projects will be recommended to satisfy their obligations through the
purchase of Credits. If the number of acceptable projects have affordable housing
requirements which exceed the available number of Credits, projects will be ranked and
allocated Credits accordingly. Projects will be reviewed and ranked using the following
criteria:
4 The immediacy of the need to satisfy an affordable housing obligation with respect to
the market rate project that is generating the obligation.
b) The readiness and capacity of the developer to enter into an Affordable Housing
Agreement and perform under its terms.
d The acceptability of the Combined Project as an off-site option in lieu of the
satisfaction of the affordable housing obligation on-site with respect to the project that
is generating the obligation (see Council Policy No. 57).
2. Electing to Purchase Credits. Developers will be notified of staff’s recommendation to permit
the purchase of Credits and given the opportunity to accept or reject this option.
3. Reservation of Credits. Developers wishing to use the option of purchasing Credits must have
their projects approved with conditions allowing this option. In addition to Plannin@
Commission approval, the recommendation of the Housing Commission will be required fat
the Credit purchase option of satisfying the Inclusionary Housing Obligation. When a projecl
is approved (e.g., tentative map) with the Credit purchase condition, a reservation of the
Credits is made for the project.
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Page 4 of 4
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No. 58
Date Issued Sept. 12, 1995
Effective Date seDt. 12. 1995
Cancellation Date
Supersedes No.
General Subject: AFFORDABLE HOUSING
Specific Subject: Sale of Affordable Housing
Credits
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File.
4. Affordable Housing Apreement. Within sixty (60) days of the approval of the Credit purchase
condition, the developer must deliver to the Housing and Redevelopment Director a signed
Affordable Housing Agreement in the form prescribed by the City with a non-refundable
deposit in an amount equal to 10% of the total Credit sale price. The Affordable Housing
Agreement will be scheduled for City Council consideration and, if and when approved, will
be executed by the City. The Affordable Housing Agreement will require payment of the
balance of the purchase price upon execution and prior to final map or issuance of a building
permit.
5. Failure of Developer to Perform or Denial of Purchase Ootion. If the developer is unable to
perform as required, or is denied the option of purchasing Credits, the Credits will be made
available to another project(s), subject to this process.
6. This policy is subject to all other requirements of the Inclusionary Housing Ordinance.
Ext t “4” to Housing Commission
Staff Report dated: November 9,1995 ;
OCTOBER 31, 1995
TO: POLICY 57/58 PROJECT REVIEW COMMITTEE
FROM: Housing & Redevelopment Director
MEETING SUMMARY, OCTOBER 12, 1995, TO REVIEW A REQUEST BY GREYSTONE
HOMES, INC. (COSTA DO SOL) TO PURCHASE AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA PROJECT
Attending: Raymond Patchett, City Manager Jim Elliott, Financial Management Director Marty Orenyak, Community Development Director Michael Holzmiller, Planning Director Jane Mobaldi, Deputy City Attorney Evan Becker, Housing & Redevelopment Director
After reviewing the role of the Committee, the Committee reviewed and discussed the Housing b Redevelopment Director's recommendation and the "Assessment Worksheet." The Housing & Redevelopment Director indicated to the Committee that the applicant had signed an Affordable Housing Agreement to proceed with their approved on- site affordable project, but was requesting that they be permitted to purchase affordable housing credits as an alternative.
The Committee discussed the applicant's claim that a relatively small on-site affordable project would have questionable feasibility. Several members indicated that this could be said of most affordable projects needing subsidies. The Housing & Redevelopment Director indicated that the scale of the project could make subsidy requirements greater and that in the competition for subsidies, including competition from other Carlsbad projects, this project might have a difficult time.
It was noted that the homeownership.and mixed-income aspects of the on-site proposal were positives.
Discussion of the overall status of inclusionary projects in the Southwest Quadrant indicated that almost 500 units could be completed or under construction in 1996 (Villa Loma and Laurel Tree); and that another approved on-site project (Sambi) would be coming forward shortly. Consensus was reached that, while the feasibility argument regarding the Costa Do Sol on-siteproposal is difficult to validate, the advantages of using existing "excess units" in a quality project supports the request to buy credits. The purchase of credits also recovers City investment in the Villa Loma project as anticipated in the financing plan.
EVAN E. BECKER 1
Housing & Redevelopment Director
ar
^ I ' OCTOBER 4, 1995 -
\ TO: MAYOR LEWIS CITY MANAGER FINANCIAL MANAGEMENT DIRECTOR CITY ATTORNEY COMMUNITY DEVELOPMENT DIRECTOR PLANNING DIRECTOR
EVAN BECKER
Housing & Red. Director
FROM: Housing b Redevelopment Director
MEETING OF OCTOBER 12, 1995, TO REVIEW REQUEST BY GREYSTONE HOMES, INC. (COSTA DO SOL) TO PURCHASE AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA PROJECT
As called for by recently adopted City Council Policies, the above Project Review Committee is charged with reviewing requests by developers to satisfy inclusionary housing obligations off-site, including by purchasing credits in Villa Loma as an off-site "Combined Project."
This request by Greystone Homes, Inc. is to purchase 23 affordable housing credits in Villa Loma in lieu of building the units on-site as part of an approved 40-unit for-sale condominium project.
Attached is the "Assessment Worksheet" that evaluates the request in relation to the policy criteria. This completed worksheet represents the Housing and Redevelopment Director's recommendation to support the off-site option of purchasing credits. The assessment does not present a case which satisfies all the criteria, but overall, the request seems to be in the City's interest. The developer does have an immediate need and the apparent financial-capacity to purchase affordable housing credits at the established price of $29,000 per credit or a total of $667,000.
The task of the Project Review Committee is to review the request and the attached worksheet, and either support the Housing and Redevelopment Director's recommendation or form a different conclusion. (I have included a blank worksheet for your use.) The Project Review Committee's consensus recommendation will go with the request to the Housing Commission and then City Council which is the ultimate decision authority for off-site projects.
If you have questions about the material or process prior to our October 12, 1995 meeting, please let me know.
Housing & Redevelopment Director
ar Attachments
. I
OFF-SITE AND COMBINED INCLUSIONARY HOMING PROJECT -
ASSESSMENT WORKSHEET
[ 5ACKGROUND . . . . . . . : ,,.
1. Applicant Name and Address:
Greystone Homes, Inc., Attn: Don McDougal
495 East Rincon, Suite 115
Corona, CA 91719
II 2. Off-site or Combined Project Name: VILLA LOMA APARTMENTS
II
3. Description of Project with lndusionary Housing Obligation:
Costa Do Sol, CT 92-01, is a proposed 152-unit project with a 23-unit affordable housing requirement.
(See Attachments 1 & 2)
4. Proposed On-site Project Description (ii any):
Costa Do Sol, SDP 93-04, is a 40-unit condominium project combining 23 affordable units and 17
market units. The affordable units range from one to three bedrooms, and would range in maximum
price from approximately $72,000 to $109,000, which is affordable to households with incomes up to
80% of the Area Median. As currently proposed, the project does not ask for direct financial
assistance but has received a development standard modification incentive in the form of a 24 ft.
private driveway width versus a 30 ft. standard.
5. Proposed Off-site Project Description:
Villa Loma (formerly La Terraza) Apartments is a 344-unit apartment development in which all units
are restricted and affordable to households with incomes not exceeding 80% of San Diego County
Median. The project contains a distribution of 1, 2, 3 and 4 bedroom units. Units are scheduled to
be occupied in October, 1995.
Villa Loma is being developed by La Terraza Associates, a limited partnership in which Bridge
Housing Corporation is the Managing General Partner.
Villa Loma was financed with assistance from the City of Carlsbad and the Carlsbad
Redevelopment Agency. The assistance was structured in such a way as to create affordable
units which would be marketed exclusively by the City to other developers in order to satisfy an
affordable housing obligation. Thus, Villa Loma Apartments is a Combined Project according to
the lnclusionary Housing Ordinance, and developers may propose to participate in this as an “off-
site” method of satisfying an affordable housing obligation.
Participation in Villa Loma Apartments by the applicant would be in the form of a purchase of
Affordable Housing Credits (Credits) under terms established by City Council Policies Number 57 and
58. If the applicant is afforded the opportunity to purchase Creidts, the amended Costa do Sol
tentative map would require the purchase of 21 Credits to satisfy its inclusionary housing requirement.
6. Description of On-site Project Constraints:
(Also see Attachment “3”, applicant letter of August 25, 1995). In proposing an on-site affordable
project, the applicant has identified constraints which they feel would affect the project’s feasibility.
These include the uneconomical size of the affordable project; and potential conflict created by the
significant price difference between the affordable units and the proposed market units. In addition
to these constraints, the applicant feels that the location of the Villa Loma project is superior to their
on-site location.
Attachment “1” to Council Policy Statement No. 57
ASsEsSME#TCWCLUSiO&
(Check appmpriate box)
ASsEssllsENTWM
1. Feasibilitv of the On-site Proposal.
DO/iSNOfSUPPOR7 sum~oFFsmf olFsffEpRoposAt mtcoNcsusivE fT?cw%w.
X
a. Are there significant feasibilitv issues due to
factors such as project size, site constraints,
amount and availability of required subsidy,
and competition from multiple projects that
make an on-site option impractical?
‘Brief Narrative: (+) The on-site affordable project is of marginal size as a condominium project. A/though if
is difficult to quantify the economic implications, it will likely be difficult for the market units in this project to
absorb the economic subsidy requirement of the affordable units. (+) Based on the estimated restricted
purchase prices of the affordable units and an estimated unit cost of $140,000, the applicant will be facing an
average subsidy requirement of approximate/y $40,000 per unit. (+) Unlike rental projects, for-sale units do
not have significant subsidy programs available from federal or other sources. The likely sources of subsidy
would be the developers and/or the City/Redevelopment Agency.
3. Will an affordable housing product be difficult
to integrate into the proposed market X
development because of significant price
and product type disparity?
Brief Narrative: (-) The integration of the 23 affordable units into the proposed 40-unit condominium
project is a desirable approach, and price disparities, while significant, are less of a concern because a//
units are for-sale condominium product. The affordable condominiums will be priced well below the single
family product which is estimated af the mid $200,000’~. The fact that the affordable component is for-sale
somewhat neutralizes this disparity between the condominium and detached product.
Z. Does the on-site development entity have
the capacitv to deliver the proposed
affordable housing on-site?
X
Brief Narrative: (-) The Developer is not experienced in the development of affordable housing and has not
established a relationship with an affordable housing developer; however, capable partners or technical
assistance providers are available.
2. Relative Advantaqes/Disadvantaqes of the Off-
site Proposal.
8. Does the off-site option offer greater feasibilitv
and cost effectiveness than the on-site X
alternative, particularly regarding potential
local public assistance?
Brief Narrative: (+) The Vi//a Loma project is under construction and has known feasibility. (+) Villa Loma
“Credits” would likely offer a significant/y lower cost to the applicant than the potential subsidy required to
construct the on-site affordable units. (+) The applicant’s participation in Villa Loma would permit the
intended recovery of City investment provided to the project; converse/y, the developer’s on-site project
would create the demand for additional new subsidy from some source.
(+) These are factors supporting the Off-site Proposal
(-) These are factors which do not support the Off-site Proposal
ASSESSMENT CONGLUStON
(Check appropriate box)
b. Does the off-site proposal have location
advantages over the on-site alternative, such
as proximity to jobs, schools, transportation,
services; less impact on other existing
developments, etc.?
1 II
X
Brief Narrative: (+) The Villa Loma location has advantages over the on-site project in terms of proximity to
jobs and project amenities. (-) The proposed on-site project location is at least equivalent in terms of
proximity to schools, parks and services. (+) Villa Loma is a se/f-contained affordable development with
little impact on other communities. (+) The on-site proposal could be a source of real or perceived impact
on the single-family and condominium communities info which it is integrated.
c. Does the off-site option offer a development
entity with the caoacitv to deliver the proposed
project?
X
II Brief Narrative: (+) The Villa Loma project is an existing project, developed and managed by a highly
experienced and specialized affordable housing developer. II
d. Does the off-site option satisfy multiole
deVelODer obligations that would be difficult
to satisfy with multiple projects?
X
Brief Narrative: (+) Villa Loma will likely be satisfying multiple developer obligations. (+) The proposed on-
sife project would be one of several (including Laurel Tree Apartments and the SambiISeaside Heights
Project) in the Southwest Quadrant competing for scarce financial assistance. This means that it would be
difficult to obtain funding. (+) The Villa Loma project has already been financed; it would not be competing
for subsidy financing.
3. Advancing Housing Goals and Stratenv
a. Does the off-site proposal advance antior
support City housing goals and policies
expressed in the Housing Element, CHAS
and lnclusionary Housing Ordinance?
X
Brief Narrative: (+) The proposal to participate in the Villa Loma Apartments as a Combined Affordable
Housing Project supports an affordable project that is targeted to the highest priority need identified in the
Housing Element and CHAS--larger rental units for low income households. (+) The recovery of City
investment in Villa Loma through the applicant’s participation will provide additional resources which are
needed to assist further affordable housing development. (-) Participation in Villa Loma would not promote
the distribution of affordable units as the on-site, integrated proposal.
(+) A/though the proposed on-site project is for-sale, it would be following closely the construction of almost
500 affordable units (and perhaps more) in the Southwest Quadrant. From the standpoint of the City’s
inclusionary housing policy, this may suggest that it’s consistent with the City and public interests to use
existing “excess” affordable units before supporting additional new construction.
~bCESNWSUPPOR+ Sum~uclFscsm
SUMMARY uH=smPROPOSAt MtcoNcttrslvE
2 1 5
.
Date Considered bv Review Committee: October 12, 1995
Review Committee Action:
Attending: City Manager Patchett, Financial Management Director Elliott, Community Development
Director Orenyak, Planning Director Holzmiller, Deputy City Attorney Mobaldi, Housing &
Redevelopment Director Becker.
Action: Recommend Off-site Proposal. (See Meeting Memorandum of October 31, 1995)
Findings:
1. That the off-site proposal establishes a “Combined lnclusionary Housing Project” according to the
lnclusionary Housing Ordinance;
2. That a Combined lnclusionary Housing Project is an acceptable method of satisfying an
lnclusionary Housing requirement provided the City Council finds that it serves the public interest;
3. That the off-site proposal represents a viable, well-located project consisting of units of a size and
affordability level that are consistent with and advance City housing goals.
4. That the construction of the off-site affordable units was predicated on recovering the public
assistance used to make them feasible; and
5. That while the on-site proposal has the potential to be a quality, mixed-income, affordable
homeownership project, it may involve feasibility issues, including the need for significant
subsidies from sources that have not been identified.
ATTACHMENTS:
1. Planning Commission Staff Report, Costa Do Sol (November 3, 1993)
2. Housing Commission Staff Report, Costa Do Sol (January 13, 1994)
3. Applicant Letter (August 25, 1995)
ar
DATE:
TO:
FROM:
SUBJECT:
NOVEMBER 3, 1993
PLANNING COMMISSION
PLANNING DEPARTMENT
CT 92-Ol/PUD 92-Ol/SDP 9344/HDP 92-10 - COSTA DO SOL - Request for
recommendation of approval of a. Tentative Tract Map, Planned Development
Permit, Site Development Plan, and Hillside Development Permit to subdivide
and construct 112 single-family homes, and 40 one, two, and three bedroom
condominium units, all on property generally located east of Paseo de1 Norte,
and north of Camino de las Ondas in the PC Zone in Local Facilities
Management Plan Zone 20.
1.’ RJXOM?JlENDATION
Attach-ent “1” to “Assessment Worksheet”
--- APPLICATION COMPLETE DATE:
JULY 9. 1992
STAFF PLANNER: JEFF GIBSON ‘;.‘! .
0 3
That the Planning Commission ADOPT Planning Commission Resolution Nos. 3546, 3547, and 3548, recommending APPROVAL of CT 92-01, PUD 92-01, SDP 93-04, and ADOPT
Planning Commission Resolution No. 3549, APPROVING HDP 92-10, based on the findings
and subject. to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a Tentative Tract Map, Planned Development
Permit, Site Development Plan, and Hillside Development Permit KO subdivide and construct
112 single-family homes and 40 one, two, and three bedroom condominium units on a
gradually-sloping lot located east of Paseo de1 Norte and directly north of Camino de las
Ondas. The parcel totals 29.2 gross acres, is undeveloped, and mostly contains disturbed
grassland habitat as a direct result of past agricultural usage of the site. It is located in the
Coastal Zone, the Planned Community Zone, and has a General Plan Land Use designation
of Residential Medium (RM). In addition, the project is subject to the requirements of the
Zone 20 Specific Plan (SP 203) and Final Environmental Impact Report 90-3.
m92-01/p~~92-01/SDP %-d4/HDp 92-10
COSTA DO SOL
NOVEMBER:3,1993
PAGE2
As shown on Exhibits “A “- ‘TT”, the proposed project would consist of one and two story
single-family homes with two and three-car attached garages located on individual lots
ranging in size from 5,400 to 15,000 square feet. There would be a central active recreation facility containing a pool, clubhouse, active playing courts, and a children’s play
area to serve the entire project. In the eastern portion of the project site located on a 2.2
acre lot there would be four, three-story condominium buildings containing 40 - one, two,
and three bedroom units that range in size from 685 to 1,250 sq. ft. These units are
developed around a central 30 foot wide private driveway and central parking courts.
Along the central 30 foot wide driveway there would be garages and carports, open guest
parking spaces, trash enclosures, and an active common recreation complex containing a
swimming pool, and children’s play area. 1 The condominium project would contain an
additional flat grassy common passive recreation area between Buildings C and D, and a
s,sQO sq. ft. recreational vehicle storage area to serve the entire project.
Per the requirements of the City’s recently adopted lnclusionary Housing Ordinance, 15%
of the proposed dwelling units (23 affordable units) must be provided for lower income
households. The applicant is proposing to provide those affordable dwelling units as for-
sale homes within the condominium portion of the project. The project would be
conditioned to require an Affordable Housing Agreement that would be submitted for
review and approval by the City prior to Final Map approval.
The project would gain access fkom future Hidden Valley Road which would be a non-
loaded collector street that would intersect with existing Camino de las Ondas to the south.
The project would feature contemporary architecture consisting of tile roofs with varying
roof lines, and stucco exteriors. The surrounding neighborhood is developed with two-
story multi-family residences to the south, a single-family home and multi-family residences
to the west, and vacant land to the east and north. The future Poinsettia Community Park
would be located directly north of the project site.
ANALYSIS
The proposed project is subject to the following land use plans and ordinances:
A). Carlsbad General Plan:. Land Use Element (Residential Medium (RM) Land
Use Designation); Open Space Element; and Housing Element;
B). Zone 20 Specific Plan (Specific Plan 203);
0. Carlsbad Municipal Code, Title 21;
1. Chapter 21.45, Planned -Development;
2. Chapter 21.53, Section 21.53.120 - Site Development Plan -
“Affordable Housing”;
CT 92.Ol/PUD 92-Ol/SDP 93.04/HDP 92-10
COSTA DO SOL
NOVEMBER 3, 1993
D)
El.
F).
G).
I-0.
3. Chapter 21.95, Hillside Development Regulations;
4. Chapter 21.85, Inclusionary Housing Ordinance.
City Council Policy for Small Lot Single Family Homes;
Carlsbad Municipal Code, Title 20, Subdivision Ordinance; and the California
Subdivision Map Act;
Mello II Local Coastal Program;
Growth Management (Local Facilities Management Plan Zone 20);
Carlsbad Municipal Code, Title 19, Environmental Protection Procedures; and
the California Environmental Quality Act (CEQA).
k GENERAL PLAN
LAND USE ELEMENT
The property has a Residential Medium (RM) General Plan Land use Designation. The RM
designation allows the development of small lot single family homes and low density
townhouses or condominium developments that range in density from 4 to 8 dus/acre with
a 6 dus/acre growth management control point. The project contains a combination of
condominiums and single-family homes developed at a net density of 5.3 dus/acre,
therefore, it is consistent with the land use designation of the General Plan.
OPEN SPACE AND CONSERVATION ELEMENT
The property contains no existing or approved General Plan open space, however there is
a planned trail system segment to be located along the western property line of the project.
The project would provide a dedicated 20 foot wide trail easement to accommodate
Citywide Trail System Segment No. 37 which is proposed to connect from Poinsettia Lane
north to Poinsettia Park. The project would also preserve in protected open space the
riparian drainage along the northwestern comer of the site. The proposed project would
not preclude or negatively affect the attainment of any of the open space action priorities
designated in the Open Space & Conservation Resource Management Plan for Zone 20,
therefore, the project is consistent with the Open Space and Conservation Element of the
General Plan.
m 92.0l/pUD 92.01/SDp 93.OWHDP 92-10
COSTA DO SOL
NOVEMBER 3, 1993
PAGE 4
HOUSING ELEMENT
All residential development within the Zone 20 Specific PLan is required to include a
percentage of housing units affordable to persons and families of lower income. Consistent
with the policies and programs of the Housing Element and subsequent to the affordable
housing requirements of the Zone 20 Specific Plan the project would provide 15% or 23
dwelling units available and affordable to lower income households. In addition, and
consistent with Housing Element Policy 3.2 the project would provide at least 10% of the
lower income units with three .or more bedrooms.
The project would be conditioned to require an Affordable Housing Agreement that would
be submitted for review and approval by the City prior to Final Map approval. The
Affordable Housing Agreement is a legally binding agreement between the applicant and
the City which provides the specific details regarding the implementation of the affordable
housing requirements of the Zone 20 Specific Plan and subsequent conformance with the
City’s Housing Element.
B. ZONE 20 SPECIFIC PLAN (SPECIFIC PLAN 2031
The Zone 20 Specific Plan provides a framework for the development of the vacant
propenies within Zone 20 to ensure the logical and efficient provision of public facilities
and community amenities for the future residents of the planning area. This project meets
the goals and objectives of the specific plan for the following reason:
(1)
(2)
(3)
(4)
(6)
The project conforms to all aspects of the General Plan and applicable City
ordinances, regulations and policies.
The project provides coordination between surrounding developments through the
provision of roadway and pedestrian access connections with properties to the
north.
The residential land uses are compatible with the existing multi-family residential
land use to the east and the community park to the north.
The project provides for the development of an integrated open space and trail
system within the planning area.
The project provides an attractive, well buffered, and landscaped circulation system
that safely and aesthetically provides for the needs of automobiles, cyclists,
pedestrians and adjacent land uses.
The provision of small single-family lots and condominiums available to low income
households that would be located close co a 42 acre City park and adjacent to two
collector streets creates a well planned, yet diversified community.
. . CT 92.01/PUD 92-Ol/SDP 93.04/HDP92-10
COSTA DOSOL
NOVEMBER3,1993
PAGE5
The project is located in Planning Area “B” of the Zone 20 Specific Plan and complies with
the required “Special Design Criteria” as follows:
(1) Enhanced landscaping and additional setbacks would be provided along the northern
property line, Hidden Valley Road, and Camino de las Ondas.
(2) The building elevations for the single-family homes and condominium buildings
would have a variety of materials, ‘architectural accent features, articulated wall and
roof planes, varying roof heights and building massing, and building street setbacks.
C. CARLSBAD MUNICIPAL CODE. TITLE 21:
1. PLANNED DEVELOPMENT ORDINANCE, CHAPTER 21.45:
The Zone 20 Specific Plan and the PC Zone both designate Chapter 21.45 as an
implementing ordinance for this project. In addition, utilization of the Planned
Development Ordinance in conjunction with the tentative tract map for this project allows
for the use of private streets/driveways and provides a method to approve separate
ownership of the 40 air space condominium units located within the multiple-unit
buildings. Before the Planning Commission recommends approval of the project to the City
Council, Title 21 of the Municipal Code under Section 21.45.072 requires that the
following findings be made:
a. ‘The granting of this permit will not adversely affect and will be consistent with
Chapter 21.45, the Zone 20 Specific Plan, and all adopted plans of the City and
other governmental agencies.”
The project is consistent with Chapter 21.45, the Zone 20 Specific Plan, the General
Plan, and the Local Coastal Program, because it meets all the Planned Development
standards, and single-family and multi-family residential land uses would be
developed at the appropriate lot size and residential density. See Section A under
General Plan, Section B under Specific Plan, and Section F under Mello II for a more
detailed discussion on compliance with these three land use plans.
b. ‘The proposed use is necessary and desirable to provide a semice or facility which
will contribute to the long-term general well-being of the neighborhood and the
community.”
The development of small lot single-family homes and condominiums would provide
a balance and mix of residential land uses within the Zone 20 Specific Plan. A
majority of the residential development planned for the specific plan area would be
standard single-family homes on 7,500 to 10,000 sq. ft. lots. The development of
higher density condominiums would also provide some affordable housing for lower
income households which would create a more diversified and balanced community.
CT 92.Ol/PUD 92.Ol/SDP 93.04/HDP 92-10
COSTA DO SOL
NOVEMBER 3,1993
PAGE 6
C. “Such use will not be detrimental to the health, safety or geneml welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the vicinity.”
The project is designed to avoid the riparian drainage area in the northwestern
comer of the site. This open space would connect with the open space on Poinsettia
Park to the north. Drainage facilities would be provided concurrent with
development of the. project to reduce erosion and flooding. All manufactured slopes
would be landscaped to prevent erosion and to visually screen the slopes.
’ d. ‘The proposed planned development meets all of the minimum development
standards set forth in Section 21.45.090, the design criteria set forth in Section
21.45.080, and has been designed in accordance with the concepts contained in the
Design Guidelines 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
condominiums units which have varied roof Lines, and a variety of front
building elevations and front yard setbacks.
. . . Ill. Adequate recreational vehicle storage space would be provided in one area
and be sufficiently screened from the public right-of-way and surrounding
properties.
iv. The single-family homes would have two three car garages which would
meet the parking and storage requirements of the ordinance, and guest
parking would be provided on both sides of the streets. The condominiums
have garages and carports for the residents with guest parking dispersed
along the central driveway.
V. A 10 foot landscaping setback would be provided adjacent to Hidden Valley
Road and Camino de las Ondas. In addition, a six foot high masonry wall in
conjunction with a heavily landscaped, 12 to 16 foot setback, would be
provided along the northern property line to buffer the project from the
Poinsettia Community Park to the north. The community park also contains
a 20 to 25 foot landscaped setback adjacent to the common property
between the two land uses.
CT 92.Ol/PUD 92.Ol/SDP 93.04/HDP 92-10
COSTA DO ‘SOL
NOVEMBER 3, 1993
PAGE 7
vi. The project complies with the Planned Development Ordinance as follows:
REQUIRED PROPOSED
PRIVATE STREET & 30 Feet *24 To 60 FEET
DRIVEWAY WIDTH
DRIVEWAY AND STREET 5 to 20 Feet 5 to 36 Feet
SETBACK
PARKING: RESIDENT: 304 Covered Spaces 264 Garage Spaces & 40 :
Carports
GUEST: 13 Spaces 13 Guest Spaces
RV STORAGE 3,040 sq. ft. 5,900 sq. ft.
STORAGE SPACE 480 Cubic Feet 480 Cubic feet Per Unit
Per Unit
RECREATIONAL SPACE
A. COMMON ACTIVE 15,200 sq. ft.
B. PRIVATE PASSIVE Patio or Balcony
19,300 sq. ft.
Patio, Balcony, and 15 ft.
X 15 ft. Rear Yards
l Two driveways (24 feet wide) in the condominium portion of the project do not
meet the Planned Development standard of 30 feet for private driveways, (For an
explanation see the Section 2 under Site Development. Plan).
e. ‘The proposed project is derigned to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on
the site.”
The project meets all the requirements of the Hillside Development Regulations and
Guidelines. The manufactured slopes would be landscaped, and the lots would
terrace down the slope towards the northwest to conform with the topography. The
homes have roof lines that are varied and relate to the topography. In addition, the
northwestern comer of the site would be preserved to protect the riparian drainage
that flows to the north.
f. “The project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project.”
The local streets in the project would have 36-40 feet of paving with curb, gutter,
and sidewalks on both sides of the street and connect to Hidden Valley Road which
C-I-92.Ol/PUD 92.Ol/SDY 93.04/HDP 92-10 COSTA DO SOL
NOVEMBER3,1993
PAGE8
is a non-loaded collector street. All the local, collector, and major streets within this
area would be constructed to full public street width standards, and have
underground utilities. The 30 foot central driveway within the condominium
portion of the project is adequate to handle the vehicular traffic and accommodare
emergency vehicles.
g- ‘The proposed project’s de-sign and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood.”
The proposed project meets all City standards and the proposed residential density
is consistent with the General Plan (5.3 dus/acre). The proposed residential land
uses are compatible in scale, architecture, and building materials with the multi-
family residential development to the west and south. Public street improvements
would be provided to accommodate traffic generated by the project and the project
must comply with all the circulation and public facility requirements of Local
Facilities Management Plan Zone 20. The adjacent properties to the west, south,
and east have either existing multi-family residential development or are planned
for multi-family residential development, therefore, the proposed small lot single-
family and multi-family residential development would be compatible with the
surrounding neighborhood. A six foot high masonry wall and adequate landscape
buffers and setbacks would be provided along the northern property to minimize
impacts between the residential and community park land uses.
2. SITE DEVELOPMENT PLAN - “AFFORDABLE HOUSING”, CHAPTER 21.53:
The Carlsbad Municipal Code Section 21.53.120 requires a Site Development Plan for any
multi-family residential development having more than four dwelling units or an affordable
housing moiect of any size.
This project would have 152 residential units of which 23 of those units must be
designated as affordable to lower income households. The proposed condominium portion
of the project does not meet the Planned Development Ordinance’s 30 foot standard for the
width of a private street/driveway (24 feet is proposed for a driveway that leads to onsite
parking spaces and the RV storage area). In order to provide affordable housing in this
project the applicant is requesting that the Planning Commission recommend to the City
Council that this standard be modified under Section 21.53.120(c) DeveloDment Standards.
A Site Development Plan for .an affordable housing project may allow less restrictive
development standards than specified in the zone code or underlying zone if the project is
in conformance with the General Plan and would not have a detrimental effect on public
health, safety and welfare.
Cl- 92-01/PUD 92-Ol/SDP 93-04/HDP 92-10
COSTA DO SOL
NOVEMBER 3, 1993
PAGE 9
Before the Planning Commission recommends approval of the project to the City Council,
Title 21 of the Municipal Code under Section 21.53.120(c) requires that the following
finding be made:
‘That the project is in conformity with the General Plan and adopted policies and goals of
.the City, and it would have no detrimental effect on public health, safety and welfare”.
a. The project is consistent with the General Plan and the Zone 20 Specific Plan
as explained in Sections A and B of this report. The project would not have
a significant impact on the environment as discussed below in Section H of
this report.
b. The condominium buildings would maintain a 15 foot setback from the
public right-of-way and a five foot setback from internal driveways.
C. The project would provide adequate owite parking and circulation to serve
the needs of the residents and their guests, and it would not impact the
availability of offsite street parking.
d. Sidewalks and drainage facilities would be provided along the project’s public
street frontages to serve the project.
e. The existing Planned Development Ordinance requires at a minimum 30 foot
wide private street/driveways, however, the proposed 24 foot wide private
driveway would be adequate to provide safe and efficient traffic circulation
and vehicle turn movements to the parking area and Recreational Vehicle
storage area. The City’s Parking Ordinance requires a minimum standard
width of 24 feet for a two-way traffic aisle containing ninety degree parking
on both sides. A 24 foot driveway aisle provides adequate separation and
distance for vehicles backing out of garages and guest parking spaces and
adequate separation for two-way traffic (12 feet per travel lane).
f. A pedestrian circulation system that is separated from the 24 foot wide
driveways is also provided that would allow sufficient and safe access to the
adjacent public streets.
Adequate emergency access would be provided by the central 30 foot wide
driveway which is wide enough to accommodate emergency vehicles. The
project would be conditioned to prohibit parallel parking along this central
access way. The project has been reviewed and approved by the Fire
Department.
C-l-92-Ol/PUD 92-Ol/SDP93-04/HDP 92-10
COSTA DO SOL NOVEMBER3,1993
PAGE10
3. HILLSIDE DEVELOPMENT REGULAT[ONS, CHAPTER 21.95:
The project site contains slopes of 15% or greater and an elevation differential greater than
15 feet, therefore, a Hillside Development Permit is required. Before the Plaiining
Commission approves the Hillside Development Permit for the project, Title 21, Chapter
21.95, Section 21.95.030 requires that the Planning Commission make the following
findings:
(1) ‘That hillside conditions and undevelopable areas of the project have been properly
identified”.
The site’s hillside slope conditions and undevelopable areas have been identified on
Constraints Exhibit “QQ” dated, October 6, 1993.
(2) ‘That the development proposal and all applicable development approvals and
permits are consistent with the purpose, intent, and requirements of this chapter
and that the project design substantially conforms to the intent of the concepts
illustrated in the hillside development guidelhes manual”.
a>. All manufactured cut and fill slopes are landform/contour graded and do not
exceed a height of 30 feet.
W The project’s cut/fill grading volumes of 4,281 cubic yds. per graded acre
falls within the “acceptable range” of 0 - 7,999 cubic yds./acre.
cl. Landscaping in conformance with the Zone 20 Specific Plan would be
provided on all manufactured slopes to assist in visually screening the slopes
and to reduce slope erosion.
(3) ‘That no development or grading will occur in those portions of the property which
are undevelopable pursuant to the provisions of Section 21.53.230 of this code”.
All undevelopable areas have been identified and no development or grading would
occur in the areas containing 25 to 4S%+ slopes. The project contains riparian
habitat and this area would be preserved.
(4) ‘That the project design and lot con&ration minimizes disturbance of hillside
lands”.
The proposed grading would create building pads that are terraced and step down
the slope.
CT 92.Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 COSTA DO SOL
NOVEMBER 3, 1993
4. INCLUSIONARY HOUSING ORDINANCE, CHAPTER 21.85:
The Inclusionary Housing Ordinance implements the inclusionary objectives of the Housing
Element (Objective 3.6), and at a minimum, the project would be required to provide not
less than 15% of all proposed residential units affordable to lower income households. The
project proposes 152 dwelling units, rherefore, 15% of those units would yield a minimum
requirement to provide 23 housing units affordable to lower income households. The
applicant is proposing to meet the affordable housing requirement of the project by
providing forsale homes within the condominium portion of the site plan.
The project would be conditioned to require an Affordable Housing Agreement that would
be submitted for review and approval by the City prior to Final Map approval. The
Affordable Housing Agreement is a legally binding agreement between the applicant and
the City which provides the specific details regarding the implementation of the affordable
housing requirements of the Zone 20 Specific Plan and subsequent conformance with the
City’s Housing Element.
D. CITY COUNCIL POLICY FOR SMALL LOT S[NGLE FAMILY HOMES:
This City Council policy provides guidelines to encourage the quality development of small-
lot (less than 7500 sq. ft.) single-family projects. The intent of the guidelines is to ensure
that the homes have building articulation on all four sides and will not appear as “row”
housing. They are primarily designed to apply to projects where there is a predominance
of two-story units. The project complies with these guidelines as illustrated on Exhibit
“OO”, dated October 6, 1993. The various homes contain one-story roof elements,
proposed side yard setbacks equal or exceed seven feet, structures would be separated by
at least 18 feet, the homes would have offsetting building planes on all four sides, and all
have varying roof elements.
E. SUBDIVISION ORDINANCE, TtTLE 20:
The proposed tentative map would comply with all the requirements of the City’s
Subdivision Ordinance, Title 20. The project is conditioned to provide adequate erosion
control, desilration and drainage, and a temporary sewer lift station would be provided to
lift the project’s sewage up to a sewer line in Paseo De1 Norte. The location of this
temporary lift station shall be determined by the Water District during final project design.
The Water District has expressed interest in locating the sewage pump station on the
community park to the north to serve both properties.
The project would provide the following public street improvements: (1) full public
improvements on Hidden Valley Road within the project’s boundary; (2) half street
improvements plus 12 feet of paving on the portion of Hidden Valley Road that lies along
the subdivision boundary; (3) full public improvements of the streets and utilities interior
to the project as shown on the tentative map; and, (4) completion of public street
improvements on the north side of Camino de las Ondas along the project frontage based
on a half street width of 34 feet. To provide access to Poinsettia Community Park, the
CJ- 92-0!/pU~ 92-OWDP &04/HDP 92-10
COSTA DO SOL NOVEMBER3,1993
PAGE 12
applicant has already agreed to dedicate 2.2 acres of right-of-way to accommodate Hidden
Valley Road from Camino de las Ondas, through the project site to the park.
F. MELLO II LOCAL COASTAL PROGRAM:
The project is located in the Mello II Local Coastal Program (LCP) and complies with the
plan as follows:
(1) All grading avoids steep coastal sage covered slopes and riparian areas per the
requirements of the Coastal Resource Protection Overlay Zone. The project would be conditioned to provide adequate drainage, siltation, and erosion control facilities
as part of the approved grading permit. The grading operation would be limited to
the summer construction season: April 1 thru October 1:
(2) 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. [I
LCP requires mitigation when non-prime coastal agricultural land is converted to
urban land uses. The project would be conditioned to comply with one of the three LCP mitigation options provided when projects are located in Site II: (1) “Prime
Land Exchange”; (2) “Determination of Agricultural Feasibility”; or (3)
“Agriculrural Conversion Mitigation Fee”.
G. GROWTH MANAGEMENT:
The proposed project is located within Local Facilities Management Plan Zone 20 in the
Southwest Quadrant. . The impacts on public facilities created by this project and
compliance with the adopted performance standards are summarized as follows:
COMPLIANCE VKi-H
FACtLl7-Y IMPACTS STANDARDS
CITY ADMtNISTRATION 528.5 sq. ft. Yes
LIBRARY 281.8 sq. ft. Yes
WASTE WATER TREATMENT N/A Yes
PARKS 1.06 ACRES Yes
DRAINAGE N/A Yes
CIRCULATION 1440 ADT Yes
FIRE Station # 4 Yes
OPEN SPACE 4.3 ACRES Yes
SCHOOLS CUSD Yes
SEWER COLLECTION SYSTEM 152 EDU Yes
WATER DISTRIBUTION SYSTEM 33,440 GPD Yes
CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993
PAGE 13
The project is 20.3.dwelling units below the Growth Management Dwelling unit allowance
of 172.3 for the property.
H. ENVIRONMENTAL REVIEW/TITLE 19 AND CEOA
The project site is located within the boundaries of Zone 20 Specific Plan (SP.203) which
covers the 640 acre Zone 20 planning area. The direct, indirect, and cumulative
environmental impacts from the future development of the Zone 20 planning area have
been discussed in the Final Environmental Impact Report (EIR 90-03) for the specific plan.
. Additional project level studies have been conducted including soils investigation, biological
analysis, traffic study, archaeology evaluation, and a drainage study. These studies provide
more focused and detailed project level analysis and indicate that additional environmental
impacts beyond what was analysed in Final EIR 90-03 would not result from
implementation of the project. This project is in prior compliance with Final EIR 90-03
and would not create any additional significant environmental impacts. The recommended
and applicable mitigation measures of Final EIR 90-03 would be included as conditions of
approval for this project.
Iv. SUMMARY AND RECOMMENDATION
The proposed project: (1) is consistent with the general plan; (2) complies with the Zone
20 Specific Plan; (3) meets the requirements of Title 21 and the finding for the Site
Development Plan can be made; (4) complies with the Mello II Local Coastal Program; (6)
is in conformance with Growth Management; and (7) is in compliance with the mitigation
requirements of Final EIR 90-03, and will not significantly impact the environment, therefore, staff recommends approval of CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10.
A-ITACHMENTS
1. Planning Commission Resolution No. 3546
2. Planning Commission Resolution No. 3547
3. Planning Commission Resolution No. 3548
4. Planning Commission Resolution No. 3549
5. Location Map
6. Background Data Sheet ’
7. Local Facilities Impact Assessment Form
8. Disclosure Form
9. Full size Exhibits “A’‘-‘TF’, dated October 6, 1993.
September 3.1993
JG:km:lh
A RESOLUTION OF THE PLANNING COMMISSION’ OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 112 SINGLE-FAMILY LOTS AND 40 CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED EAST OF PASEO DEL
NORTE AND NORTH OF CAMINO DE LAS ONDAS.
CASE NAME: COSTA DO SOL CASE NO: CT 92-01
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WHEREAS, a verified application for certain property to wit:
Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of
San Diego, California, filed and recorded in the San Diego
County Recordeis Office, July 6, 1977.
has been filed with the City of Cailsbad and referred to the Planning Commission; and
WHEREAS; said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of November, 1993
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Tentative Tract Map.
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I 20 ! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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i 221 A) That the above recitations are true and correct.
231 B) That based on the evidence presented at the public hearing, the Commission
24 recommends APPROVAL of CT 92-01, based on the following findings and subject
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to the following conditions:
Findinns:
26 1. 27 The project is consistent wid the Zone 20 Specific Plan since the ovemll proposed
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density of 5.3 dus/acre is within the density range of 4-8 d&acre specified for the
28. site as indicated on the Land Use Element of the General Plan, and is at or below
the gmwth control point of 6.
PLANNING COMMISSION RESOLUTION NO. 3546
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2. The project is consistent with all City public facility policies and ordinances since:
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
3. The project is in compliance with the adopted mitigation measures of Final
Environmental Impact Report 90-03 and would not create any additional significant
adverse environmental impacts.
4. The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the’ Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
5. This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 20.
6. School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified School District.
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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.
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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.
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13. The project is consistent with all policies of the Mello 11 Local Coastal Program.
14. The tentative map satisfies all requirements of the Title 20 and 2 1 of the Carlsbad
Municipal Code and the State Subdivision Map Act.
General Planning Conditions:
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Recommendation of approval is granted for CT 92-01, as shown on Exhibits “A” -
“IT’, dared October 6, 1993 incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown unless otherwise
noted in these conditions.
This project shall comply with all conditions and mitigation measures which may
be required as part of. rhe Zone 20 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the City Engineer
determines that sewer facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy. This note
shall be placed on the final map.
This project is also approved under the express conditions that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 and as amended
from time to time, and any development fees established by the City Council
pursuant to Chapter 21.90 of the Carisbad Municipal Code or other ordinance
adopted to implement a growth management system or facilities and improvement
plan and tb fulfil1 the subdivideis agreement to pay the public facilities fee dated
January 14, 1992, a copy of which is on rile with the City Clerk and is incorporated
by this reference. If the fees are not paid, this application will not be consistent
with the General Plan and approval for this project will be void.
Water shall be provided to this project pursuant to the Water Service Agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
25, 1983.
If any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereof, imposed by this approval or imposed by law on
this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be
invalid, this approval shall be invalid unless the City Council determines rhat 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 srdinances in effect at time of building
permit issuance.
PC RESO NO. 3546 -3-
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8. Approval of CT 92-01 is granted subject to the approval of PUD 92-01, SDP 93-04
and HDP 92-10. The project is also granted subject to approval of SP 203 and
certification of Final EIR 90-03.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The map copy shall be
submitted to the City Engineer and approved prior to building, grading, final map,
or improvement plan submittal, whichever occurs first.
A 500 scale map of the subdivision shall be submitted to the Planning Director prior
to the recordation of the final map. Said map shall show all lots and streets within
and adjacent to the project. .
AS part of the plans submitted for building perrnit plan check, the applicant shall
include a reduced version of the approving resolutions on a 24” x 36” blueline
drawing. Said blueline drawing(s) shall also include a copy of any applicable
Coastal Development Permit and signed approved site plan.
The applicant shall provide the following note on the final map of the subdivision
and final mylar of this development submitted to the City:
“Chaprer 21.90 of the Carlsbad Municipal Code establishes a Growth Management
Control Point for each General Plan land use designation. Development cannot
exceed rhe Growth Control Point except as provided by Chapter 21.90. The land
use designation for this development is RM. The Growth Control Point for this
designation is 6 dwelling units per nonconstrained acre.
All parcels were used to calculate the intensity of development under the generai
plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of
these parcels must also include all parcels under the general plan and Chapter 21.90
of the Carlsbad Municipal Code.”
Prior to approval of the final map, the applicant shall receive approval of a Coastal Development Ptit issued by the California Coastal Commission that substantially
conforms to this approval. If the approval is substantially different, an amendment
to CT 92-01 shall be required.
The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Directois 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.
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The CC&R’s shall include provisions specifying: (1) Homeowneis Association
maintenance responsibility for all natural open space, slope maintenance easements,
and landscape easements, as shown on the approved tentative tract map and
landscape plan (CT 92-Ol), which is on file in the Planning Department; (2) The
central recreational facilities on Lot 91 shall be made available for use by all the
residents in the project, including the condominium portion of the site plan; (3)
For single-family lots, all room additions, enclosed structures, jacuzzis, spas or
solariums that require a building permit shall conform to the setback and coverage
requirements of the R-l Zone and the accessory stru&re standards of Title 21 of
the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit applica.tion. These fees shall be based on. the fee schedule
in effect at the time of building permit application.
Prior’to the issuance of the building permit there shall be a Notice of Restriction
placed on the deed to this property subject to the satisfaction of the Planning
Director notifying all interested parries and successors in interest that the City of
Carlsbad has issued a Planned C.:-;elopment Permit, Site Development Plan, and
Hillside Development Permit by Rtisolutions No.? 3547,3548, and 3549, on the real
property owned by the declarant. Said Notice of Restriction shall note the property
descriprion, location of the file containing complete project derails and all conditions
of approval as well as any conditions or restrictions specified for inclusion in rhe
Notice of Resrricrion. Said Notice of Restriction may be modified or terminated only
with the approval of rhe Planning Director, Planning Commission or City Council
of the City of Carlsbad whichever has final decision authoriry 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 rhe satisfaction
of the Directors of Planning and Building.
In the condominium portion of rhe project all visitor parking spaces shall be striped
a different color than the assigned resident parking spaces and shall be clearly
marked as may be approved by the Planning Director prior to occupancy of
individual units.
The developer shall display a current Zoning and Land Use Map in the sales office
at all times, or suitable alternative to the satisfaction of the Planning Director.
Trash receptacle tieas in the condominium portion of the project shall be enclosed
by a six foot high masonry wall with gates pursuant to City standards. Location of
said receptacles shall be approved by the Planning Director. The enclosure shall be
of similar colors and/or materials to the project to the satisfaction of the Planning
Director.
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For the condominium portion of the project an exterior lighting plan including
parking areas shall be submitted for Planning Director approval prior to issuance of
building permits. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
The applicant shall submit a wall and fencing plan subject to Planning Director
approval prior to issuance of building permits.
The layout and design of the active recreational uses on Lot 91, including the active
play courts, are specifically not approved as part of this site plan. Prior to issuance
of a building permit the applicant shall submit a revised plan subject to approval of
the Planning Director.
Prior to issuance of a building permit the applicant shall submit detailed building
elevations and floor plans of the recreational buildings subject to approval by the
Planning Director.
Prior to approval of the Enal map or issuance of building perrnits, whichever occurs
first, the applicant shall notify, to the satisfaction of the Planning Director and City
Attorney, all owners, users and tenants of this project that a community park site
is located adjacent to this project to the north.
Prior to fT.nal map approval, the applicant shall be required: (1) fo 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 f?WS.
Affordable Housinx Conditions:
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This project is approved, subject to the condition that the required income restricted
units shall be constructed concurrent with the project’s market rate units.
The project shall construct housing units affordable to persons and families of lower
income and comply with all the requirements of the Affordable Housing Plan of the
Zone 20 Specific Plan (SP 203).
Prior to fInal map approval, an Affordable Housing Agreement shall be required to
be submitted by the applicant to the City, approved by the Planning Director and
Director of Housing and Redevelopment, and completed and recorded as a deed
restrict& on those units of the project which are designated for the location of
low-income affordable units. The Affordable Housing Agreement shall be binding
to all future owners and successors in interest. The Affordable Housing Agreement,
for which the inclusionary housing requirement will be satisfied through new
construction of inclusionary units, on-site, and shall establish, but not be limited to,
the following:
(a) The number of inclusionary dwelling units proposed;
(b) The unit size(s) (square footage) of the inclusionary units and the number
of bedrooms per inclusionary dwelling units;
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(c) The proposed location of the inclusionary units;
(d) Tenure of affordablity for inclusionary units (30 years minimum);
(e) Schedule for production of the dwelling units;
(0 tncentives and/or Enancial assistance provided by the City; ’
k) 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;
(h) Where applicable, terms and conditions governing the initial sale of for-sale
inclusionary units; and
(9 Standards modifications granted by the City.
Prior to approval of the final map, if the project’s Inclusionary Housing requirements are not satisfied within the multi-family condominium portion of the project site, the
24 foot wide private driveways leading to the RV storage area and parking spaces
shall be redesigned to meet the Planned Development Ordinance standard of 30 feet,
subject to approval by the Planning Director.
Sism Conditions:
33. Prior to occupancy of any of the apartment or condominium units, the applicant
shall constmct a directory sign at the entrance to the project. The design of this
sign shall be approved by the Planning Director.
14 /i 34* Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
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identification and/or addresses shall contrast to their background color. .
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&~y signs. proposed for this development shall at a minimum be designed in
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of rhe Planning Director prior to installation of such signs.
I! Landscane Conditions:
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submitted to and approved by the Planning Director prior to the approval of grading
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or building permits, whichever occurs first.
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All landscaping shall comply with the Landscape Requirements of the Zone 20
Spedic Plan (SP 230).
Prior to approval of the landscape and irrigation plans, all manufactured off-site
slopes created by this project shall be landscaped to the satisfaction of the Planning
Director, and shall include at a minimum, landscaping to control erosion and to
provide visual screening of the slopes.
Prior to approval of the final map, the applicant shall establish the following easements:
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a. A 10 foot landscape easement along Camino de las Ondas and Hidden Valley
Road;
b. A 12 to 16 foot landscape easement along the northern property line
between the single-family portion of the project and the community park.
These landscape easements shall be planted by the applicant per the landscape requirements of the Zone 20 SpeciEc Plan prior to occupancy of individual units.
AU 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 hydroseeded to reduce erosion and visual impacts. Lf grading ‘is phased, the six
month time period shall start at the completion of each individual grading phase. .
Al 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
promore water conservation.
The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or too large relative to the lot size.
Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall: pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
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All landscape and irrigation plans shall show existing and proposed contours and i
shall match the grading plans in terms of scale and location of improvements.
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The number of trees in the project shall be equal to or greater than the number of f ; residenrial units.
20% of the required trees in the project shall be 24” box or greater.
Prior to approval of the detailed landscape plan, the Recreational Vehicle Storage
area shall be visually screened from the public right-of-way with landscaping, or a
wall, or a combination of both, to the satisfaction of the Pknning Director.
Prior to approval of the final map an irrevocable offer of dedication to the City of
Carlsbad, Open Space District or other similar entity designated by the City of
Carlsbad, for a perpetual easement for public trails over, upon and across lot(s) 11,
12,3242, as shown on the tentative map shall be made on the final map for trails
that are part of the Carlsbad Trail System, see Exhibit “K’, dated November 3,1993.
If prior to recordation of final map, the City of Carl&ad adopts the financing
mechanism necessary to implement the Carlsbad Trail System, the trails shown on
the tentative map shah be constructed prior to occupancy of the first unit (within
a phase), and shail be consmrcted by the developer, pursuant to the guidelines of
the Open Space and Conservation Resource Management Plan, and dedicated to the
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City of Carlsbad. If the City of Carlsbad accepts dedication of the trail easement,
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the City shall assume responsibility, maintenance and liability for the trail(s). I
If prior to recordation of Enal map, the City of Carlsbad does not adopt the I
financing mechanism necessary to implement the Carlsbad Trail System, the
applicant will not be required to construct the proposed trails. Said trail easement
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shall be maintained by the Homeowner Association as shall be stated in the CC&R’s. 1
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21 1: 56. To offset the conversion of non-prune agricultural land to urban land uses per the
Ii requirements of the MeUo II Local Coastal Program the applicant shall implement i
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one of the following three mitigation options prior to approval of the final map: t I 23 ‘1 I a. Preserve prime agricultural property within the Coastal Zone
consistent with Sections 30241 and 30242, or cluster new 1
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development consistent with Section 30250, of the Coastal Act; or
/I b. Ilhxxrate that continued or renewed agricultural use is not feasible per i I 26 ii the guidelines of Mitigation Option 2 of the Local Coastal Program;
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C. Provide payment of an agricultural mitigation fee, the amount of
which is $10,000 for each converted acre. I
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 I impacts generated during grading operations. A note shall be placed on the grading 1 permit stipulating that the following measures shall be required to achieve ;
compliance with these rules, and reduce construction-related air pollutants: I
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b.
d.
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h.
The watering of all surfaces being graded and haul routes shall be
required during dry weather conditions.
All unpaved areas shall be revegetated according to approved
landscape plans as soon as possible after grading.
AU construction-related t&f% shall be restricted to routes that are,
dust-controlled, and reduced speed limits shall be maintained for all
haul and construction vehicles.
AU 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 instnxtion
(with the fuel-injection timirig retarded to recommended levels for
NO, emissions, but which would not result in excessive visible smoke
emissions) in order to control pollutant emissions. .
Construction equipment shall be subject to regularly scheduled
maintenance/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.
The Engineering Department shall monitor for compliance during all grading operations of the project.
The Homeowners Association shall obtain and distribute to owners and tenants
annual information from Calrzans and North County Transit regarding the
availability of public transportation, ride-sharing, and transportation pooling services
in the area. This information shall also be provided in the sales of the project. A
condition so stating this shall also be placed in the CC&R’s for the project.
The applicant shall provide the following noise mitigation measures to comply with the current Noise Policy:
PC RESO NO. 3546 -lO- 4
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a. Prior to approval of the final map or issuance of building petits,
whichever occurs first, the applicant shall prepare and record a notice
that this property may be subject to impacts from the overflight, sight,
and sound of aircraft operating from Palomk Airport (see Noise,
Form #2 on file in the Planning Department). The notice shall be prepared in a manner meeting the approval of the Planning Director
and the City Attorney.
b. The applicant shall post aircraft noise notication 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 Pkmning
Director (see Noise, Form #3 on me in the Planning Department).
Prior to approval of a grading permit a detailed soils testing and analysis report
shall be prepared by registered soils engineer and submitted to the Planning
Department and County Health Department for review and approval. The report
shall identify a range of possible mitigation measures to remediate any potentially significant public health impacts if hazardous pesticides or other chemicals are
detected at high concentrations in the soil.
Prior to occupancy of individual units a solid wall or fence, and landscaped
windbreaks shall be installed along the perimeter of any future developable area
that abuts property under “open field” cultivation, in order to reduce public nuisance
effects of adjacent pesticide spraying and dust generation from farm vehicles and
operations.
Prior to approval of the final map or issuance of a building permit, which ever
occurs first, a minimum 25foot wide open space easement shall be provided
between “open field” agricultural operations and the adjacent lot lines of future
developable areas on-site. This buffer area may be located on the adjacent
agricuhural property.
Prior to approval of a final map or issuance of a building permit, which ever occurs
first, an infrastructure improvement plan shall be submitted to the Planning and
Engineering Departments for review and approval by the Planning Director and City
Engineer. ,This plan shall illustrate the temporary road connections required to
maintain continued access to adjacent agricultural properties that could be impacted
by future roadway improvements.
Drainage water from buildings, streets, parking lots, and landscaped areas within
the project shall be disposed of through stormdrains or otherwise in a manner that
will avoid any runoff onto agricultural areas whether planted or fallow. All runoff
agricultural and urban shall conform with the National Pollution Discharge and
Elimination System Permit requirements punuant to San Diego Regional Water
Quality Control Board Order No. 90-42, adopted by City Council Resolution No. 90-
235.
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Prior to approval of the final map or issuance of building permits, whichever occurs
first, the applicant shall notify, to the satisfaction of the Planning Director and City
Attorney, all owners, users and tenants of this project that this area is subject to
dust, pesticides, and odors associated with adjacent agricultural operations, and that
the owners, users, and tenants occupy this area at their on risk.
Paleontology:
a. Prior to any grading of the project site, a paleontologist shall be
retained to perform a walkover surrey of the site and to review the
grading plans to determine if the proposed grading will impact fossil
resources. A copy of the paleontologist’s report shall be provided to
the Planning Director prior to issuance of a grading permit.
b. A 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 I
through fine screens. The paleontologist shall make periodic reports
to the Planning Director during the grading process.
C. 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.
d. All fossils collected shall be donated to a public, non-profit institution
with a research interest in the materials, such as the San Diego
Natural History Museum.
e. Any conflicts regarding the role of the paleontologist and the grading
activities of the project shall be resolved by the Planning Director.
Prior to issuance of a building permit the project shall comply with the City of
Carlsbad’s standards for solid waste management.
All grading shall comply with the recommendations of Geotechnical Exploration,
Inc., incorporated in the Geotechnical Engineering Investigation dated April 18,
1989, and June 4, 1992, on file in the Planning Department.
Prior to approval of a final map, improvement plans shall be submitted to the
Engineering Department showing locations and sizing of reclaimed and or urban
runoff diversion facilities, in accordance with the Carbbad Municipal Water District
requirements and the phasing schedule provided in the Zone 20 LFMP. Reclaimed
water facilities shall be constructed in all major roadways within the project.
PC FESO NO. 3546 -12- P 1
E.ll sfineerim Conditions:
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This project is located within the Mello II Coastal Plan. All development design shall
comply with the requirements of that plan.
Unless a standards variance has been issued, no variance from City Standards is
aurhorized by virtue of approval of this tentative map.
The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
The applicant shall be responsible for coordination with S.D.G.& E., Pacific Bell
Telephone, and Cable TV authorities.
This project is approved specifically as 1 (single) unit for recordation.
The applicant shall provide an acceptable means for maintaining the private
easements within the subdivision and all the private: streets, sidewalks, street lights,
storm drain facilities and sewer facilities located therein and to distribute the costs
of such maintenance in an equitable manner among the owners of the properties
within the subdivision. Adequate provision for such maintenance shall be included
with rhe CC&R’s subject to the approval of the City Engineer prior fo final map
approval.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a final map is recorded. An ext’ension may be
requested by the applicant. Said extension shall be approved or denie.i at the
discretion ‘of the City Council. tn approving an extension. the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
The applicant shall defend, indemnify and’ hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or its
agents, officers, or employees to attack, set aside, void or null an approval of the
City, the Planning Commiss’ion or City Engineer which has been brought against the
City within the time period provided for by Section 66499.37 of the Subdivision
Map Act.
Prior to approval of the final map, the owner shall enter into an agreement with the
City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
The owner of the subject property shall execute a Hold Harmless Agreement
regarding drainage across the adjacent prior to approval of the final map for this
project.
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‘80.
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87. 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
PC PESO NO. 3546 -14- $4 J
This project is located in the CFD District No. 1. As required by state law, prior to
the recordation of a final map over any of the subject property, a segregation of
assessments must be submitted for all subdivided lots. By applying for a segregation
of assessments, the applicant agrees to pay the fee to cover the costs associated with
the segregation. A segregation is not required if the applicant pays off the
assessment on the subject property prior to the recordation of the final map. In the
event a segregation of assessments is not recorded and property is subdivided, the
full amount of assessment will appear on the tax bills of & new lot.
Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. Prior to final map
approval, the applicant must submit and receive approval for grading plans in
accordance with City Codes and standards.
Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chapter 11.06.
Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to the issuance of grading or building permit as may be
required by the City Engineer.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer
shall be made by a certificate on the final map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated.
The drainage system shall be designed to ensure that runoff resulting from lo-year
frequency storms of 6 hours and 24 hours duration under developed conditions, are
equal to or less than the runoff from a storm of the same frequency and duration
under existing developed conditions. Both 6 hour and 24 hour storm durations shall
be analyzed to determine the detention basin capacities necessary to accomplish the
desired results prior to final map approval, issuance of building or grading permits,
whichever occurs first.
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Ciry Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first.
AlI single family residential lots abutting Camin de las O&s and Hidden Valley
Road shall have access rights to these streets relinquished on the final map. The
multi-family lot, Lot 115, shall relinquish all access rights to Hidden Valley Road on
the final map except for one entrance access opposite Atlantic Drive as shown on
the tentative map.
Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the final
map in accordance with City Standards, the applicant shall install, or agree to install
and secure with appropriate security as provided by law, improvements shown on
the tentative map and the following improvements:
k Completion of public street improvements on the north side of Camino de las
Ondas along the project frontage based on a half street width of 34 feet.
B. FuU public street improvements on Hidden Valley Road within the project
boundaries. Half public street improvements plus 12 feet of paving on the
portion of Hidden Valley Road lying on the project boundary. Improvement
shall be based on a fkll right-of-way width of 68 feet and a half street width
of 34 feet. All or portions of these Hidden Valley road improvements may
be installed by a City Project. Pursuant to a reimbursement agreement with
the City this condition or pox$ons of this condition may be met by that
project.
C. Full public street improvements on all the interior streets, Atlantic Drive
Copacabana Drive, Sugarloaf Drive, Ipanema Drive, Tijuca Drive and Rio
Branco Drive as shown on the tentative map.
D. The existing detention-desilt basin located offsite on APN 214-471-52 at the
South-West comer of Poinsettia Lane and Batiquitos Drive shall be modified
to conform to existing basin standards. This project may be eligible to apply
for a partial reimbursement for the modifkations.
E. An offsite sewer outfall line or an outfall system with line, temporary lift
station, and force main to the satisfaction of the District Engineer of the
Carlsbad Municipal Water District.
A note to this effect shall be placed on an additional map sheet on the final map per
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
The storm drain system as shown on the tentative map is specifically not approved.
The system shall be redesigned to meet current City Standards. In particular, the
inlets shown in the curb return areas shall be relocated out of the curb return area
I/ PC RESO NO. 3546 -15
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Fire Conditions:
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and the storm drain in Camino de las Ondas shall be relocated to be within seven
feet of the curb line.
The storm drain that outlets on Lot 42 shall be extended into the natural drainage
course through an appropriate energy dissipator:
The slope shown on the Northeast comer of Hidden Valley road and Camino de las
Ondas shall be moved back in order to create a standard comer sight triangle.
All lots that have comer sight triangles (Lots 1, 2, 16, 17, 21, 56, S7,68, 69, 104,
114, and 115) are restricted against having any obstruction, structure or
landscaping over 30 inches in height as measured from the curb grade. The comer
sight triangle is defined as an area between the curb and a line drawn between two
points measured 25 feet from the back of curb of each end of the curb return A
notice of restriction to this effect shall be&recorded on each such lot concurrent with
or prior to the final map.
The applicant shall underground all existing overhead utilities along the subdivision
boundan; prior to issuance of building permits.
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Additional on-sire public water mains and tie 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
operalionicease 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.
AU security gate 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.
Native vegetation which presents a fire hazard to structures shall be modified or
removed in accordance with the specifications contained in the City of Carlsbad
PC RESO NO. 3546 -16- ?k
landscape Guidelines Manual. Applicant shall submit’a Fire Suppression plan tothe
1 Fire Department for approval.
2 /[ 102. The applicant shall provide a street map which conforms to the following !! requirements: A 400 scale photo-reduction mylar, depicting proposed improvements
and at least two existing intersections or streets. The map shall also clearly depict
street centerlines, hydrant locations and street names.
Water District Conditions:
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The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure and flow demands are
met.
The developer shall be responsible for all fees, deposits and charges which will be
collected at time of issuance of the building permit. The San Diego County Water
Authority capacity charge which will be collected at issuance of application for
meter installation.
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 for processing and approval.
C. Schedule a meeting with the District Engineer for review, comment and
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan for
potable, reclaimed and sewer systems prior to the preparation of
improvement.
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. -.. is note shall be placed on the
final map.
Developer shall be responsible for the following systems:
A. Install 12" potable water line in Hidden Valley Road from Camino De Las
Ondas to north of subject project. Developer shall be eligible for
reimbursement if oveking of waterline occurs.
B. Install 8” reclaimed water line in Hidden Valley Road from Camino De Las
Ondas to north of subdivision.
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C. Pursuant to Local Facilities Management Plan Zone 20(a), the subject project f
will be served through an 8” local trunk line to be located in the future I
Hidden Valley Road and gravity flow into the San Marcos Interceptor. The 1
installation and cost of the 8” local trunk line will be the responsibility of the
developer. Developer shall be responsible for all onsite and offSite expenses.
Any temporary service alternates must be approved by the District Engineer.
D. The district has an existing 6” potable waterline along the easterly property
line developer shall relocate at his expense.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
A-l-I-EST:
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MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
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14 ,’ 21 of the Carlsbad Municipal Code; and
it 15 /I WHEREAS, the Planning Commission did, on the 3rd day of November, 1993
16 ii hold a duly noticed public hearing as prescribed by law to consider said request; and
17 / j/ WHERJZAS, at said public hearing, upon hearing and considering all testimony
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19 ;/ and arguments, if any, ‘of aII persons desiring to be heard, said Commission considered alI
iJ factors relating to the PLANNED DEVELOPMENT PERMIT.
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21 Ii NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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as follows:
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That the above recitations are true and correct.
24 1; B) That based on the evidence presented at the public hearing, the Commission
25 11 recommends APPROVAL of PUD 92-01, based on the following findings and subject
to the following conditions:
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
Cm OF CARLSBAD, CALIFORNtA, RECOMMENDING
APPROVAL OF A ,PLANNED DEVELOPMENT PERMIT TO
DEVELOP 112 SINGLE-FAMtLY LOTS AND 40 CONDOMINRJM
UNITS ON PROPERTY GENERALLY LOCATED EAST OF
PASEO DEL NORTE AND NORTH OF CAMINO DE LAS
ONDAS.
, CASE NAME: COSTA DO SOL
CASE NO: PUD 92-01
WHEREAS, a verified application for certain property to wit:
Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of
‘San Diego, California, filed and recorded in the San Diego
County Recordeis Office, July 6, 1977.
. has been filed with the City of Carlsbad and referred to the Planning Conimission; and B ,
i ‘: WHEREAS, said verified application constitutes a request as provided by Title
PLANNING COMMISSION RESOLUTION NO. 3547
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Findims:
1. The project is consistent with the Zone 20 Sped% Plan since the overall proposed
density of 5.3 dus/acre is within the density range of 48 d&acre specSed for the
site as indicated on the Land Use Element of the General Plan, and is at or below
the growth control point of 6.
2. The project is consistent with all City public facility policies and ordinances since:
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer senrice remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
3. The project is in compliance with the adopted mitigation measures of Final
Environmental Impact Report 90-03 and would not create any additional significant
adverse environmental impacts.
4. The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
5. This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 20.
6. School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified School District.
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8.
9.
10.
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 ia required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the general plan.
The project complies with all requirements of Chapter 20.12 of the Carlsbad
Municipal Code.
PC RESO NO. 3547 -2- 5
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The granting of this permit will not adversely affect and will be consistent with
Chapter 21.45, the Zone 20 Specific Plan, and all adopted plans of the City and
other governmental agencies, because the project is consistent with Chapter 21.45,
the Zone 20 Specific Plan, the General Plan, and the L&l Coastal Program, because
it meets ail the Planned Development standards, and single-family and multi-family
residential land uses would be developed at the appropriate lot size and residential density.
The proposed use is necessary and desirable to provide a service or facility which
will contribute to the long-term general wellbeing of the neighborhood and the
community, because the development of small lot single-family homes and
condominiums would provide a balance and mix of residential 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,ooO sq. ft. lots. The development of higher density condominiums would also provide some
affordable housing for lower income households which would create a more
diversified and balanced community.
Such use will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity, because the project is designed to avoid the riparian drainage area in the
northwestern comer of the site. This open space would connect with the open
space on Poinsettia Park to the north. Drainage facilities would be provided
concurrent with development of the project to reduce erosion and flooding. AU
manufactured slopes would be landscaped to prevent erosion and to visually screen
the slopes.
With the exception of private street width as discussed in Planning Commission
Resolution No. 3548 for the project’s Site Development Plan, the proposed planned
development meets all of the 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 Design Guidelines Manual for the
following reasons:
a.
b.
The local seeets in the single-family portion of the project would have curb
gupxs, and sidewalks on both sides, and have 36 to 40 feet of paying. This
exceeds the 30 foot minimum street width standard.
The project would provide a mixture of one and two-story homes, and
condominiums units which have varied roof lines, and a variety of front
building elevations and front yard setbacks.
C. Adequate recreational vehicle storage space would be provided in one area
and be sufficiently screened horn the public right-of-way and surrounding
properties.
PC RESO NO. 3547 -3. I
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The single-family homes would have two and three car garages which would
meet the parking and storage requirements of the ordinance, and guest
parking would be provided on both sides of the streets. The condominiums
have garages and carports for the residents with guest parking dispersed
along the central driveway.
A 10 foot landscaping setback is provided adjacent to Hidden Valley Road
and Camino de las Ondas. Ln addition, a six foot high masonry wall in
conjunction with a heavily landscaped, 12 to 16 foot setback, would be
provided along the northern property line to buffer the project from the
Poinsettia Community Park to the north. The community park also contains
a 20 to 25 foot landscaped setback adjacent to the common property
between the two land uses.
The-proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on
the site, because the project meets all the requirements of the Hillside Development
Regulations and Guidelines. The manufactured slopes would be landscaped, the lots
would terrace down the slope towards the northwest to conform with the
topography. The homes have roof lines that are varied and relate to the
topography. tn addition, the northwestern comer of the site would be preserved to
protect the riparian drainage that flows to the north.
The project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project. The local streets in the project
would have 30 to 40 feet of paving and connect to Hidden Valley Road which is a
non-loaded collector street. All the local, collector, and major streets within this
area would be constructed to full public street width standards, and have
underground utilities. The 30 foot central driveway within the condominium
portion of the project is adequate to handle the vehicular traSc and accommodate
emergency vehicles.
The proposed projecr’s design and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood, because the proposed project meets all City
standards and the proposed residential density is consistent with the General Plan
(5.3 dus/acre). The proposed residential land uses are compatible in scale,
architecture, and building materials with the multi-family residential development
to the west and south. Public street improvements would be provided to
accommodate traffx generated by the project and the project must comply with all
the circulation and public facility requirements of Local Facilities Management Plan
Zone 20. The adjacent properties to the west, south., and east have either existing
multi-family residential development or are planned for multi-family residential
development, therefore, the proposed small lot single-family and multi-family
residential development would be compatible with the surrounding neighborhood.
A six foot high masonry wall and adequate landscape buffers and setbacks would be provided along the northern property to minimize impacts between the
residential and community park land uses.
PC FtESO NO.3547 -4- 79
General Planning Conditions:
1 1. Recommendation of approval is granted for PUD 92-01, as shown on Exhibits “A” -
2i “TT’, dated October 6, 1993 incorporated by reference and on file in the Planning
3! Depanment. Development shall occur substantially as shown unless otherwise
noted in these conditions. I
4 2. Approval of PUD 92-01 is granted subject to the approval of CT 92-01, SDP 93-04
5 and HDP 92-10.
6 3. All conditions of approval for the CT 92-01 as contained in Planning Resolution No.
7 3546 are applicable and incorporated through this reference.
0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993,
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by the following vote, to wit:
AYES:
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BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
2. jj A-l-TEST:
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22i 1 MICHAEL J. HOLZMILLER 23,
1 PLANNING DIRECTOR
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I PC RESO NO. 3547 -5
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Pf-ANNING COMMISSION RESOLUTION NO. 3548
A IESCUJTION OF THE PLANNING COMMtSStON OF THE
Cl-l-Y OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN TO DEVELOP
112 SINGLE-FAMILY LOTS AND 40 CONDOMINIUM UNITS
ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL
NORTE AND NORTH OF CAMINO DE LAS ONDAS.
CASE NAME: COSTA DO SOL
CASE NO: SDP 93-04
WHEREAS, a verified application for certain property to wit:
. Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of
San Diego, California, filed and recorded in the San Diego
County Recorder’s Office, July 6, 1977.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of November, 1993
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all .
factors relating to the SITE DEVELOPMENT PLAN.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public h&ring, the Commission
recommends APPROVAL of SDP 93-04, based on the following findings and subject
to the following conditions:
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The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the general plan.
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The project complies with all requirements of Chapter 20.12 of the Carlsbad
Municipal Code.
l-he project is mmsistent with the Zone 20 Specifk Plan since the overall proposed
density of 5.3 dus/acre is within the density range of 4-8 dus/aae specified for the
site as indicated on the Land Use Element of the General Plan., and is at or below
the growth cmrd pint of 6.
The project is consistent with all City public facility policies and ordinances since:
The Plan.@ng Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
The project is in compliance with the adopted mitigation measures of Final
Environmental Impact Report 90-03 and would not create any additional significant
adverse environmental impacts.
The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 20.
School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified School District.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
conditions of a,pproval.
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11. That the project is in conformity with the General Plan and adopted policies and
goals of the City, and it would have no detrimental +ct on public health, safety
and welfare for the following reasons:
a.
b.
C.
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e.
f.
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The project is consistent with the General Plan and the Zone 20 Specifk
Plan, and the project would not have a significant impact on the
enviroIlnlent.
The condominium buildings would maintain a 15 foot setback from the
public right-of-way and a 5 foot setback from intemal driveways.
The project would provide adequate onsite parking and circulation to serve
the needs of the residents and their guests, and it would not impact the
availability of offsite street parking.
Sidewalks and drainage facilities would be provided along the project’s public
street frontages to serve the project.
The existing Planned Development Ordinance ntquires at a minim&~ 30 foot
wide private street/driveways, however, the Planning Commission finds that
the proposed 24 foot wide private driveway would be adequate to provide
safe and efficient traffic circulation and vehicle tum movements to the
parking area and Recreational Vehicle storage area. The City’s Parking
Ordinance requires a minimum standard width of 24 feet for a two-way
traffic aisle containing ninety degree parking on both sides. A 24 foot
driveway aisle provides adequate separation and distance for vehicles backing
out of gaxxges and guest parking spaces and adequate separation for two-way
traffic (12 feet per travel lane).
A pedestrian circulation system that is separated from the 24 foot wide
driveways is also provided that would allow sufficient and safe access to the
adjacent public streets.
Adequate emergency access would be provided by the central 30 foot wide
driveway whi&i.s wide enough to accommodate emergency vehicles. The
pro&t would be conditioned to prohibit parallel parking along this central
access way. The project has been reviewed and approved by the Fire
Department.
General Planninn Conditions:
1. Recommendarion of approval is granted for SDP 93-04, as shown on Exhibits “A” -
“TT’, dated October 6, 1993 incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown unless otherwise
noted in these conditions.
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PC; RESO NO. 3548 -3-
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2. Approval of SDP 93-04 is granted subject to the approval of CT 92-01, PUD 92-01 & HDP 92-10.
3. All conditions of approval for the CT 92-01 as contained in Planning Resolution No.
3546 are applicable and incorporated through this reference.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RESO NO. 3548 -4-
~- BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 354_e
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CtTY OF CARLSBAD, CALtFORNLA, APPROVING A HILLSIDE
DEVELOPMENT PERMIT TO DEVELOP 112 SINGLE-FAMILY
LOTS AND 40 CONDOMINIUM UNITS ON PROPERTY
GENERALLY LOCATED EAST OF PASEO DEL NORTE AND
NORTH OF CAMINO DE LAS ONDAS.
CASE NAME: COSTA DO SOL
CASE NO: HDP 92-10
WHEREAS, a.verified application for certain property to wit: .
Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of
San Diego, California, filed and recorded in the San Diego
County Recorder’s Office, July 6, 1977.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of November, 1993
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the HILLSIDE DEVELOPMENT PLAN.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES HDP 92-10, based on the following findings and subject to the following conditions:
Findinns:
1. The project is consistent with the Zone 20 Specific Plan since the overall proposed
density of 5.3 dus/acre is within the density range of 4-8 d&acre specified for the
site as indicated on the Land Use Element of the General Plan, and is at or below
the growth control point of 6. A/t
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2. The project is consistent with all City public facility policies and ordinances since:
The Plating Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
3. The project is in compliance with the adopted mitigation measures of Final
Environmental Impact Report 90-03 and would not create any additional significant
adverse environmental impacts.
4. The applicant is by condition, required to pay any increase in public facility fee, or
new .construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
5. This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 20.
6. School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified School District.
7.
8.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
conditions of approval.
9. 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.
10.
11.
12.
The project complies with all requirements of Chapter 20.12 of the Carlsbad
Municipal Code.
That hillside conditions and undevelopable areas of the project have been properly
identified, because the site’s hillside slope conditions and undevelopable areas have
been identified on Constraints Exhibit “QQ” dated, October 6,199~~
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 reason:
PC RESO NO. 3549 -2.
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a. All mmdmid cut and fill slopes are iandform/contour graded and do not
amed a height of 30 feet.
b. The project’s cut/till grading volumes of 4,281 cubic yds. per graded acre fails within the “acceptable range” of 0 - 7,999 cubic yds./acre.
C. Landscaping in conformance with the Zone 20 Specific P\an would be
provided on all manufactured slopes to assist in visually screening the slopes
and to reduce slope erosion.
That no development or grading will occur in those portions of the property which
are undevelopable pursuant to the provisions of Section 21.53.230 of this code,
because aU undevelopable areas have been identified and no development or grading
would occur in the areas containing 25 to 4S%+ slopes. The project contains
riparian habitat and this’area would be preserved.
That the project design and lot configuration minimizes disturbance of hillside lands,
because the proposed grading would create building pads that are terraced and step
down the slope.
1.
General Planninn Conditions: I*
Approval for HDP 92-10, as shown on Exhibits “A’‘-“TT”, dated October 6, 1993
incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown on the approved exhibits. Any proposed grading
and/or development substantially different from this approval as determined by the
Planning Director, shall require an amendment to this permit.
Approval of HDP 92-10 is granted subject to the approval of CT 92-01, PUD 92-01
& SDP 93-04.
2.
3.
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.a.
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All conditions of approval for the CT 92-01 as contained in Planning Resolution No.
3546 are applicable and incorporated through this reference.
-3- PC RESO NO. 3549
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
AnEST:
MICHAEL J. HOLZMILLER PLANNING DIRECTOR
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BAiLEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
__~ ~~
CT 92.Ol/PlJO 92-011
COSTA DO SOL --- SDP 93-i4/HDP 92-l< A I
.
BACKGROUND DATA SHEET
CASE NO: CT 92-Ol/PUD 92-Ol/SDP 93-04/HDP 92-10
CASE NAME: Costa Do Sol
APPLICANT: Aharon Abada
REQUE.57 AND LOCATION: 112 single-familv homes and 40 condominium units ’
LEGAL DESCRWTION: Parcel 2 of MaD 6136. Citv of Carlsbad. filed and recorded San Dieao
Countv Recordeis office, July 6, 1977
APN: 214-140-40 Acres 29.2 Proposed No. of Lots/Units 112 Lots & 40 Condo units
GENERAL PLAN AND ZONING
Land Use Designation Residential Medium
Density Allowed 6 dus/acre Density Proposed 5.3
Existing Zone pC Proposed Zone N/A
Surrounding Zoning and Land Use: (See attached for
Requirements)
Site
Zoning
PC .
North PC/CUP Community Park
South RD-M
East RD-M-Q
West PC
information on Carlsbad’s Zoning
Land Use
Vacant
Vacant
Multi-Family
Vacant
Multi-Family
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 152 EDU
Public Facilities Fee Agreement, dated December 1.4. 1993
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
Certified Environmental tmpact Report, dated Final EIR 90-03. Seotember 14. 1993
Other, Al:tdl
CI-IYOFCAIUSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FAULtTIES IMPAflS ASSESSMENT FORM
(To be Submitted with Development Application)
‘DEVELOPER’S NAME: AHAR~N ABA.DA
ADDRESS: 6121 ROhNY DRIVE. SAN DIEGO. CA 92120
PHONE NO.: (6191 459-5820 ASSESSOR’S PARCEL NO: 214-140-40. I
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 29.2 GROSS ACRES/ 152 DUs
ESTIMATED COMPLETION DATE: N/A I
PROJECT IDE!‘JT[N AND IMPACT ASSESSMENT: 1 I
FtLE NAME AND NO: COSTA DO SOL - CT 92.Ol/PUD 92-Ol/SDP 93-04/HDP 92-10
LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RM ZONING: pC &-
A.
B.
C.
D. i
E.
F.
G.
H.
I.
J.
K
City Administrative Facilities: Demand in Square Footage =
Library: Demand & Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in creage = 4~ Drainage: Demand in dFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire: Sewed by Fire Station No. =
Open Space: , Acreage Provided -
Schools:
(Demands to be determined by staff)
Sewer: Demand in ED-Us - 6. Identify Sub asin - %
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD -
-.
528.5
281.8
N/A_
1.06
N/A
N/A
1440
NO. 4
N/A
N/A
152 .
N/A
33.440
L. The project is 20.3 units below the Growth Management Dwelling unit allowance. 4
JC km
DISCLOSURE STATEME.VT
‘ZZ’_ c A,\- j j’d’~V~\e :F : SC,: SwaE :F CE=:r.N CWNELSCIP WTE;rESTS CN ALL AP~‘-CA’.C@.$ &h,cti NILE q,zc GE
: j,tr - ChArY A-. --.c\ =\ ‘-E =Am cc -E cm CCLNCIL CA AhY APKIME~ 9cAac t%lMl$j.CN Cn CC~++MI~EE
2' ;;!cnmg *Cl." ‘-ma:.cn must 3 clisclosed: 1
Applicant
,s: !ke names and aCc!resses of all persons having a financial interest m the application. :ullp> , 121-1 6jr 2 1 gc’,‘:Ljv “:q . . . . . a . s S;r’J DlfP? &-Lb‘ c.; 92120
Owner
LS; the r.ames and addresses of all persons having any ownership interest in the propeq mvclved $ 3 ‘-1 F 1 3nf.‘F : t
I, ” any person identified pursuant to (1) or (2) above is a corporation or pannership, list the names arc actresses of arl Individuals owning more than 10% of the shares in the corporation or owning any pannersn:z
ICerest in the pannership.
‘! any person iCentified pursuant to (1) of (2) abovo iS a non-profit organization or a trust. list the names ara a XreSSeS Of any person SeMng as officer or director of the non-profit organrzation or as trustee or beneficarj cf :he trust.
-
sctcsure Statement
Over)
Page 2
-3de ycu Fad rrcre :kan 52% HOflh Of business transacted wth any memcer Of C,ty statf zcar=j
CCtTtTiSS,CCS. Conmr.ees ara Cccrncd wthln the past twlve months?
?BS - No y 11 yes. peas8 incicate fzerscnjs)
=**¶C ; , QlfV,Q u ‘Any ~n0~mA. fm. ~~~~~norsn~o. ,o~nt ventwm UIOCI~~QC). WCIU CIUO. fretma ofgm~~b0~. :~t~~~~t,gn l soa1I !:,,:
wco~~or. ayn~~caro. thfir ana any otmr county. cny ma county. cy munlctoaly. alemet 01 otnw QOI~ICII wdyhln,on. 01 ml w., J,c:cc :,
f:mcfrwon tc::rg u l tina’
~v2X. Attacn aaditlona( sages as necessary.)
J I I
Brlnt or type flame of owner
Sqna
I”
fe al apphcantjaato
CANY ABADA RCE 45381
Print or type name of appkanr
,. J--it
* I’
,
Attachr -- it “2” to “Assessment Worksheet”
APPLICATION DATE:12/29/93 .
STAFF PERSON: Evan kcker 2&--
STAFF REPORT
DATE: JANUARY 13, 1994
TO: HOUSING COMMI[SSION
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
SUBJECT: AFFORDABLE HOUSING PROJECT/MASTER PLAN - COSTA DO SOL -
Request for recommendat ion of approval of a proposed 23 unit
Affordable Housing Project within the Costa Do Sol Master Plan. The project is
part of the development related to CT 92-Ol/PUD 924WSDP 93-04/HDP 92-10.
I. RECOMMENDATION
That the Housing Commission ADOPT Resolution No. 94-002 RECOMMENDING
APPROVAL of the development of the proposed 23 condominium unit affordable housing
, project within the Costa Do Sol Master Plan.
II. PROJECT BACKGROUND AND DESCRIPTION
On November 3, 1993, Aharon Abada received a recommendation from the Planning
Commission for approval of a Tentative Tract Map, Planned Development Permit, Site
Development Plan and Hillside Development Permit to subdivide and construct 112 single-family
homes and 40 one, two and three bedroom condom*@um units. The project is subject to the
Inclusionary Housing Requirement which means that the applicant/developer must provide a
minimum of 23 units of housing affordable to low income households.
The applicant’s affordable housing proposal indicates that 23 of the 40 total condominium units
will be sold at a price affordable to lower income households at 80% of the county median.
Tn addition, the project is required to provide at least 10% of lower income units in three (3)
bedrooms. The applicant is proposing that ,lO% (or 3 total) of the low income affordable
condominium units.be 3 bedroom units.
The affordable housing project, as proposed; will meet the Applicant/Master Plan Developer’s
obligation under the City of Carlsbad’s Inclusionary Housing Ordinance.
COSTA DO SOL
.HOUSING COMMISSION - l/13/94
PAGE 2
III. APPLICANT/DEVELOPER TEAM IN-FORMATION
The development team for the proposed affordable housing project is as follows:
Annlicant: Aharon Abada
Develoner: Aharon Abada
Architect: Art Simpson
Landscane Architect: A. Gevanthor
Engineer(s): Dany Abada
Planning Consultant: Don Agatep (Applicant Agent)
Iv. AFFORDABLE HOUSING PROJECT DESCRIPTION/LOCATION
The project will be located on an approximately 2.2 acre site at the northeast comer of Camino
De Las Ondas and the future Hidden Valley Road. The parcel number for the property is 214-
140-40.
The project will provide 23 for-sale condominium units which will include ten l-bedroom units
(approx. 685 sqft. each), ten 2-bedroom units (approx. 985 sq.ft. each) and three 3bedroom
units (approx. 1250 sq.ft. each).
Special amenities of the project will include a central active common recreation complex
containing a pool and children’s play area. In addition, each condominium will include a 36
square foot private patio. The condominium project will also include an additional flat grassy
common passive recreation area which will include a 5,900 square foot recreational vehicle
storage area.
The design and quality of the affordable housing units will be consistent with that of the
proposed market rate condominium product. .
V. TERMS OF AFFORDABILITY
The applicant has proposed that the 23 condominium units remain affordable for thirty (30) years
for families at the following income level:
0 23 of the total (40) condominium units will be affordable to households at 80% of the
county median.
COSTA DO SOL
HOUSING COMMISSION - l/13/94
PAGE 3
The following chart provides a breakdown of bedroom sizes by income levels:
Bedroom Size 80% of median
1 10
2 10
3 3
Total 23
Sales Price
$81,835
$102,505
$120,668
. . :
Construction of the affordable housing units will be concurrent with construction of the market
rate units.
VI. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT
The applicant intends to privately finance the construction of the 23 units of affordable
condominium units. The applicant is requesting no financial assistance from the City to construct
the units for low income (80% of county median) households, as the project is proposed within
the application.
VII. FINANCIAL FEASIBILITY OF THE AFFORDABLE HOUSING PROJECT
Based on review of the prelimii proforma submitted by the applicant, the projected costs and
sales price for the units appears reasonable based on the current assumptions. At the time the
units are constructed, the assumptions may change and, consequently, the sales price may change
over time. However, the applicant shall be required at all times to set a sales price for the
condominiums which does not exceed the maximum allowable housing payment for related
household size.
The applicant will be required to enter into an affordable housing agreement with the City of
Carlsbad prior to Final Map approval. The agreement will outline all final assumptions on cost
for the project and set the sales price for the units.
VIII. CONSISTENCY WITH HOUSING ELEMENT AND CHAS
The proposed affordable housing project is consistent with the policies and programs of the
Housing Element and the Zone 20 Specific Plan. The applicant has proposed to provide 23 units
of. affordable housing which meets the 15 % Inclusionary Housing Requirement for the market
rate units and the number of 3 bedroom units (3 total) in the project meets the City’s 10%
requirement.
. COSTA DO SOL
HOUSING COMMISSION - l/13/94
PAGE 4
The proposed affordable “for sale” housing project meets a “Priority 2” need, as outlined within
the City of Carlsbad’s 1993-98 Comprehensive Housing Affordability Strategy (CHAS). The
level 2 priority indicates that there is a significant need for the proposed type of housing within
the City of Carlsbad.
Ix. SUMMARY
The Costa Do Sol Affordable Condominium Housing Project, as proposed, is consistent with the
Housing Element and meets the needs of lower income small and large families. Therefore, staff
is recommending that the Housing Commission adopt a recommendation to the City Council for
approval of the subject affordable housing project with the condition that the affordable housing
units be affordable for a period of fifty-five (55) years (rather than the thirty (30) years proposed
by the applicant). The Inclusionary Housing Ordinance requires restricted income units to remain
affordable for the “useful life of the project”; the City of Carlsbad interprets this to mean a
minimum of 55 years.
X. EXHIBITS
l- Housing Commission Resolution No. 94-002 adopting a recommendation to the City
Council to approve the Costa Do Sol Affordable Condominium Housing Project.
2- Housing Commission Review Application submitted by Aharon Abada\Don Agatep &
Associates.
3- Planning Commission Staff Report dated November 3, 1993
4- Site Development Plan for proposed Affordable Housing Project.
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HOUSING COMMISSION RESOLUTION NO. 94-002
A RESOLUTION OF THE HOUSING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA TO RECOMMEND
APPROVAL OF THE DEVELOPMENT OF 23 CONDOMINIUM
UNITS AFFORDABLE TO LOW INCOME HOUSEHOLDS
WITHIN THE COSTA DO SOL MASTER PLAN ON
PROPERTY GENERALLY LOCATED EAST OF PASEO DEL
NORTE AND NORTH OF CAMINO DE LAS ONDAS.
APPLICANT: AHARON ABADA
CASE NO.: AHP 94-2 (CT92-01 And SDP #93-04)
WHEREAS, an Affordable Housing Project (AHP) Application (No. 94-2)
has been submitted to the City of Carlsbad’s Housing Commission for review and
consideration;
WHEREAS, said Housing Commission did, on the 13th date of January,
1994, hold a public meeting to consider said application; and
WHEREAS, at said public meeting, upon hearing and considering all
testimony, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the application.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing
Commission of the City of Carlsbad, California, as follows: ’
. . . .
1. The above recitations are true and correct.
2. That based on the information provided within the application and
testimony presented during the public meeting of the Housing
Commission on January 13, 1994, the Commission recommends
APPROVAL of Affordable Housing Project (AHP) No. 94-2 containing 23
condominium units to be affordable to low income (80% of county
median) households subject to the findings and conditions outlined
herein.
3. That the Commission’s recommendation for approval of said affordable
housing project does not include support for any financial assistance for
the project.
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FINDINGS:
1.
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The project is consistent with the goals and objectives of the City of Carlsbad’s
Housing Element and Comprehensive Housing Affordability Strategy, the
lnclusionary Housing Ordinance and the affordable housing requirements of the
approved Zone 20 Specific Plan.
The project will provide a total of 23 condominium units (1, 2 and 3 bedroom)
affordable for purchase to households at 80% or below the county median
which meets a number two priority as outlined within the City of Carlsbad’s
1993-l 998 Comprehensive Housing Affordability Strategy (CHAS). The project,
therefore, has the ability to effectively serve the City’s housing needs and
priorities as expressed in the Housing Element and CHAS.
3. The project appears to be financially feasible based on review of the prospective
sources of subsidy and projected costs.
CONDITIONS:
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Recommendation of approval is granted for AHP No. 94-2, as shown on Site
Development Plan 93-04, dated March 18, 1993, incorporated by reference and
on file in the Housing and Redevelopment Department. Development shall occur
substantially as shown unless otherwise noted in the conditions of project
approval by the City Council.
Recommendation of approval is granted for AHP No. 94-2 subject to the
condition that the required ratio of income restricted units shall be constructed
concurrent with the project’s market rate units.
After the initial sale of the inclusionary for-sale units to the designated income
group, inclusionary for-sale units shall remain affordable for their useful life
(minimum 55 years); or if subsequently sold at a market price to other than a
targeted households, the sale shall result in the recapture of the City’s interest
in the units, for use in assisting other eligible households.
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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
I v Attachr F rlt “3” to “Assessment Worksheet” _ ’
Hofman Planning
A s s o c i a t e s
Planning Project Management Fiscal Analysis
August 25,199s
W-YOFCARLSBAD co
Evan Becker
2965 Roosevelt Street, Suite B
Carlsbad, Ca. 92008
RE: GREYSTONE HOMES, INC. REQUEST TO PROVIDE THE INCLUSIONARY UNITS FOR COSTA DO SOL OFF SlTE
Dear Evan:
Greystone Homes is currently processing an amendment to the previously approved tentative map for
Costa do Sol, CT 92-01. The previously approved tentative map allowed for the development of 112
single family detached units and a 40 unit condominium which had to provide 23 Inclusionary units. The
revised proposal would eliminate the condominium portion of the project and replace it with single family
units for a total of 119 single family homes. As a part of this proposal, Greystone is requesting permission
to meet their Inclusionary requirement providing their Inclusionary units off site by purchasing into the La
Terraza project.
We understand that the City would prefer to have the units built on-site and whenever reasonably possible
distributed throughout the project site. However the ordinance also provides that “circumstances may arise
in which the public interest would be served by allowing some or all of the inclusionary units associated
with one project site to be produced at an alternative site or sites. ”
We believe that there are a number of circumstances that would justify allowing Greystone to provide the
Inclusionary units required for the Costa do Sol project off site at La Terraza in accordance with the
criteria of the recently adopted City Council Policy 57:
1. The existing approval for Costa do Sol requires the construction of a 40 unit condominium
project with 23 of the units restricted to lower income households. The small sire of this
project would make it difficult to fund and successfully operate. A small project such as
this would have to have relatively high homeowners fees to generate sufficient reserves for
major repairs. These high HOA fees would serve to disqualify many potential lower
income households.
2. The previously approved 40 unit condominium project would be difficult to integrate with
the single family homes that will be constructed in the Costa do Sol project. The single
family homes will have 4-5 bedrooms and sell from approximately $230,000 to $260,000.
To meet the Incltionary cost requirements the condominiums will have to be sold at less
than half the price of the single family homes.
2386 Faraday Avenue l Suite 120 l Carlsbad l CA 92008 l (619) 438-1465 l Fax: (619) 438-2443
- .’ I I
3. The proposed off-site option of allowing Greystone to purchase credit at the La Terraza
project offers greater feasibility and cost effectiveness for both the City and the developer.
La Terraza is an existing successfully funded Inclusionary project that has been developed
in conformance with all applicable City policies and ordinances dealing with inclusionary
housing. The developer would not have to search for funding sources to construct the on
site project and the City would not have to have extensive and time consuming meetings
with the developer and his representatives to determine the details of the sales program
and monitoring of the on-site option.
4. The La Terraza project has location advantages over the Costa do Sol site. The La
Terraza site is adjacent to jobs in the industrial portion of Carlsbad. It is also immediately
adjacent to public bus service on El Camino Real which would provide convenient access
to jobs in Carlsbad’s industrial area, the Plaza Camino Real and commercial development
to the south of the site along El Camino Real. In addition, the La Terraza project would
have less impacts on other existing.developments due to its distance from any existing residences.
5. The La Terraza project has the capacity to deliver the Inclusionary units since it is already
funded and under construction.
6. The La Terraza project &hills City housing goals and policies as expressed in the Housing
Element, CHAS and Inclusionary Housing Ordinance.
Based on these factors we believe that there is more than adequate justification per City Council Policy 57
to allow Greystone to meet their Inclusionary requirement off site at the La Terraza project. Hopefully,
you will be able to discuss this request with the Combined Project Review Committee in the next two
weeks, so their decision could be reviewed by the Housing Commission at their meeting of September
14th. Their review and support of this request at their September meeting should allow the revised
tentative map to be heard by the Planning Commission in October.
Please feel free to call me if I can provide any additional information.
cc Jeff Gibson
Don McDougall
EXHIBIT 3
Minutes of: HOUSING COMMISSION
Time of Meeting: 6:00 P.M.
Date of Meeting: November 9, 1995
Place of Meeting: CITY COUNCIL CHAMBERS
CALL TO ORDER:
Chairman Avis, called the Regular Meeting to order at 6:04 p.m.
PLEDGE OF ALLEGIANCE:
The pledge of allegiance was led by Commissioner Calverley.
ROLL CALL:
Present: Chairman Avis, Commissioners Calverley, Escobedo, Rose, Sato, Schlehuber,
and Wellman
Absent: Commissioners Noble and Scarpelli
Staff Present: Evan Becker, Housing and Redevelopment Director
Reggie Harrison, Housing Program Manager
Debbie Fountain, Senior Management Analyst
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA:
There were no requests to address the Commission.
APPROVAL OF MINUTES:
Commissioner Calverley would like to see more documentation in the Minutes. She inquired if it would be
possible for Commissioners to review the Draft Minutes before the final is prepared. Mr. Becker explained
that the Minutes are summary Minutes and not verbatim Minutes. However, Commissioners are welcome
to make changes and additions to the Minutes when they are presented for approval.
ACTION: Motion by Commissioner Wellman, and duly seconded, to continue approval of the
Minutes of the Regular Meeting of October 12, 1995, to the December meeting.
VOTE: 7-o
AYES: Avis, Calverley, Escobedo, Rose, Sato, Schlehuber, Wellman
NOES: None
ABSTAIN: None
ACTION: Motion by Commissioner Wellman, and duly seconded, to place Minute procedures as
an Agenda item on the December agenda; staff will provide Commissioners with
copies of current procedures for taking Minutes in the December meeting packets.
VOTE: 7-O
AYES: Avis, Calverley, Escobedo, Rose, Sato, Schlehuber, Wellman
NOES: None
ABSTAIN: None
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HOUSING COMMISSION November 9, 1995 PAGE 2
NEW BUSINESS:
1) COSTA DO SOL AFFORDABLE HOUSING PROJECT - CT 92-Oi/PUD 92-91/SDP 93-04/HDP
92-l 0 - Request for recommendation of approval for Costa Do Sol to purchase affordable housing
credits in the Villa Loma Project, thereby satisfying an affordable housing obligation.
Chairman Avis announced that he has had some involvement in the Villa Loma project but there is no
conflict of interest on this project since whatever happens at tonight’s meeting would have no effect on his
Kaiza Poinsettia project.
Evan Becker, Housing and Redevelopment Director, reviewed the background of the request and stated
that the applicant, Greystone Homes, Inc., has acquired the Costa Do Sol project formerly owned by
Aharon Abata, which has approved permits to construct 112 single-family homes and 40 condominium
units. This project must provide a minimum of 23 affordable housing units pursuant to the City’s
lnclusionary Housing Ordinance. The applicant is requesting that they be permitted to purchase affordable
housing credits in the Villa Loma project in lieu of the on-site construction of affordable units. The
lnclusionary Housing Ordinance permits off-site satisfaction of an inclusionary requirement through
participation in a Combined lnclusionary Housing Project if the City Council determines that it is in the
public interest. Purchase of credits in the Villa Loma project constitutes participation in a Combined
Project.
Mr. Becker reviewed in detail the assessment worksheet and stated that staff, by way of a Review
Committee, was supporting the developer’s proposal to purchase credits in the Villa Loma project. Mr.
Becker indicated that, while the infeasibility of the on-site proposal was difficult to validate, there were
issues in terms of project size, expected subsidies required, and competition for scarce funds from subsidy
sources, which weighed heavily on the decision. Considering the availability of existing excess units in a
quality project and the City’s goal of recovering their investment in Villa Loma, Mr. Becker indicated that
staffs judgement was to support the off-site credit purchase.
Chairman Avis opened the public testimony and issued the invitation to speak.
Mike Howes, Hofman Planning, 2386 Faraday Avenue, Carlsbad, representing the applicant, addressed the Commission and stated that he feels the request is in conformance with Policy Nos. 57 & 58 and that it
is not economically feasible to construct affordable housing units on-site. He concurs with the staff
recommendation.
Don MacDougall, Greystone Homes, Inc., 495 E. Rincon, Suite 115, Corona, California, addressed the
Commission and stated that when Greystone purchased the property, they considered doing on-site
affordable housing but always assumed that they would be able to purchase offsite credits.
The Commissioners questioned Mr. MacDougall and Mr. Howes about the following:
* Reasons for needing to provide affordable housing off-site.
* Target population and income levels.
. Bedroom requirements.
. Marketability of condominiums vs. single family units.
Mr. MacDougall stated that if they were to look at the project today knowing they would be required to
provide the affordable housing on-site, they would pass on the purchase. It would be difficult for 100 units
in this project to absorb the $1 million needed to provide the on-site affordable housing. It is also a heavy
burden on the other residents to require the affordable housing to utilize common amenities.
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HOUSING COMMISSION November 9, 1995 PAGE 3
There being no other persons desiring to address the Commission on this topic, Chairman Avis declared
the public testimony closed and opened the item for discussion among the Commission members.
The Commissioners questioned staff about the applicability of Policy Nos. 57 and 58. Commissioners
expressed concern that all of the affordable housing would be located in a few large projects rather than be
disbursed throughout the City. Several Commissioners did not agree that this project meets the criteria to
purchase off-site credits. If all developers are allowed to buy into large affordable housing projects like
Villa Loma and Laurel Tree, it will set a precedent and that will be the only affordable housing built.
Chairman Avis stated that it is necessary for affordable housing to be marketable and that the proposed
on-site project is questionable. La Costa is a good example. There are many small, low-priced
condominiums available in La Costa but they are not marketable because the need is for larger units. He
feels that buying into Villa Loma provides the best product for the money.
Chairman Avis made a motion to adopt Resolution No. 95-011 recommending approval for Greystone
Homes to purchase 23 Affordable Housing Credits in the Villa Loma project but the motion died for lack of
a second.
ACTION: Motion was made by Commissioner Wellman, and duly seconded, to deny the purchase
of affordable housing credits in the Villa Loma affordable housing project in order to
satisfy the affordable housing obligation of the Costa Do Sol project, and to request the
developer to make another plan for on-site affordable housing if the already approved
on-site plan is not feasible.
VOTE: 6-l
AYES: Calverley, Escobedo, Rose, Sato, Schlehuber, Wellman
NOES: Avis
ABSTAIN: None
RECESS
The Housing Commission recessed at 7:45 p.m. and reconvened at 7:47 p.m.
2) ELECTION OF 1996 HOUSING COMMISSION CHAIRPERSON AND VICE-CHAIRPERSON
Chairperson Avis called for nominations for 1996 Chairperson of the Housing Commission.
Vice-Chairperson Calverley was nominated for the position of Chairperson.
ACTION: Motion was made by Chairperson Avis, and duly seconded, to elect Vice-Chairperson
Calverley as 1996 Chairperson of the Housing Commission.
VOTE: 7-o
AYES: Avis, Calverley, Escobedo, Rose, Sato, Schlehuber, Wellman
NOES: None
ABSTAIN: None
Chairperson Avis called for nominations for the office of Vice-Chairperson. Commissioner Schlehuber
was nominated for the position of Chairperson.
ACTION: Motion was made by Commissioner Sato, and duly seconded, to elect Commissioner
Schlehuber as 1996 Vice-Chairperson of the Housing Commission.
VOTE: 7-O
AYES: Avis, Calverley, Escobedo, Rose, Sato, Schlehuber, Wellman
NOES: None
ABSTAIN: None
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HOUSING COMMISSION November 9,1995 PAGE 5
ANNOUNCEMENTS:
Commissioner Sato announced the skating party fundraiser for the Family Self-Sufficiency Program being
held November 27, 1995 from 7:00 - 9:30 p.m. at Ups & Downs in Escondido. Tickets are $5.
Commissioner Wellman would like an update on the Lifeline Self-Sufficiency Program at a meeting in the
near future.
ADJOURNMENT:
By proper motion, the Regular meeting of November 9, 1995 was adjourned at 7:54 p.m.
Respectfully submitted,
EVAN BECKER
Housing and Redevelopment Director
BETTY BUCKNER
Minutes Clerk