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HomeMy WebLinkAbout1997-08-05; City Council; 14299; Pacific View Estates- ? ZITY OF CARLSBAD - AGEWA BILL AB# +ciS TlfLE MTG. 8/5/97 APPEAL OF PLANNING COMMISSION DECISION ON PACIFIC VIEW ESTATES DEPT. PLN f& CT 96-03/PUD 96-031HDP 96-03/SDP 96-04 CITY MGR-&? RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 93-54 / UPHOLDING THE PLANNING COMMISSION’S APPROVAL of Pacific View Estates CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04. ITEM EXPLANATION: On June 18, 1997, the Planning Commission conducted a public hearing and voted 6-O (Heineman absent) to approve a Tentative Tract Map (CT 96-03) Planned Development Permit (PUD 96-03, Hillside Development Permit (HDP 96-03) and Site Development Plan (SDP 96-04) for the project known as Pacific View Estates. The Planning Commission’s approval of the Pacific View Estates project was appealed by Nick Giovinazzo, who is a resident of the Hillgate Estates neighborhood. The Hillgate Estates neighborhood is located on the northern boundary of the Pacific View Estates project, Mr. Giovinazzo is appealing the Planning Commission’s decision approving the projects’ Wintergreen Drive through-connection to Carlsbad Village Drive, for the following reasons: (1) he believes that the traffic study dated January 22, 1996, concludes that a through-street will have a definite negative impact on the residents; (2) he has determined that 602 households exist on Hosp Way with a potential impact of 1,200 cars, and that ten percent of those cars, using the “short cut”, would increase traffic on Wintergreen Drive by 600%; (3) he believes that none of the 867 residences within a two mile circumference of the project have a through street, and that approval of a through street for the Pacific View Estates project is selective enforcement; (4) he believes that the Fire Department emergency response time study concluded that there was no significant advantage in connecting the streets; (5) he believes that all homeowners are entitled to the quiet enjoyment, peace, tranquillity and safety of their home; and, (6) Mr. Giovinazzo believes that the installation of a knox gate at the current terminus of Wintergreen Drive would be an acceptable alternative. Wintergreen Drive is a 40-foot wide public street which is the primary road serving the housing units of the Hillgate Estates neighborhood. The road currently terminates at the southern end of the Hillgate Estates project. The circulation system for the Hillgate Estates and Pacific View Estates neighborhoods, (including the extension of Wintergreen Drive), was planned in 1988, as part of the design of the Hillgate Estates development. When approved by the City in 1989, the final map for Hillgate Estates included numerous references and specific reservations for extending Wintergreen Drive. Accordingly, the existing terminus of Wintergreen Drive was constructed with a barricade structure, rather than a standard cul-de-sac bulb, in anticipation of this street extension. The Wintergreen Drive connection has been designed to provide optimum and convenient circulation for both the Hillgate Estates and Pacific View Estates projects, thereby avoiding circuitous traffic movements, and providing a secondary access point for the neighborhoods in the event of an emergency. Without this connection, Wintergreen Drive would remain as an over length cul-de-sac street, exceeding the maximum 1,200 foot street length currently allowed by City engineering standards. The appellant has expressed concerns regarding traffic volumes on Wintergreen Drive. Traffic volumes on Wintergreen Drive will increase, due primarily to the conversion of Wintergreen Drive from a dead-end street to a through street. It is anticipated that the new roadway connection would / PAGE 2 OF AGENDk i3lLL NO. /q, a99 be used primarily by the residents of the Hillgate Estates and Pacific View Estates neighborhoods. Although it is difficult to verify the accuracy of the appellant’s traffic forecasts, Wintergreen Drive, a local street, has been designed to accommodate up to 1,200 vehicular trips per day. The traffic volume which is estimated to be generated by the Hillgate Estates and Pacific View Estates neighborhoods is 620 vehicle trips per day. The alternative of installing a gate at the current terminus of Wintergreen Drive is unacceptable, as Engineering Department standards do not permit the gating of a public street. Although the through-connection of Wintergreen Drive will not significantly improve fire and emergency response times, it will provide needed access during an emergency. The Fire Department has indicated that secondary access is needed for events which result in the primary access point being blocked by emergency vehicles and equipment during an event. Furthermore, the Fire Department has indicated that a gate will impede their response time by up to one minute. FISCAL IMPACT: Neither an approval nor a denial of the appeal will have a fiscal impact on the City. EXHIBITS: 1. 2. 3. 4. 5. 6. City Council Resolution No. 9 7-5b( upholding the Planning Commission’s decision to approve CT 96-03, PUD 96-03, HDP 96-03, and SDP 96-04 Location Map Planning Commission Resolution Nos.4099, 4100, 4101, 4102 and 4103 approving CT 96- 03, PUD 96-03, HDP 96-03, and SDP 96-04 Planning Commission Staff Reports, dated May 21, 1997, June 4, 1997 and June 18, 1997 Excerpts of Planning Commission Minutes, dated May 21, 1997, June 4, 1997 and June 18, 1997 Planning Commission Decision Appeal from Nick Giovinazzo. d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING APPELLANT’S APPEAL AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF TENTATIVE TRACT MAP NO. CT 96-03, PLANNED DEVELOPMENT PERMIT NO. PUD 96-03, HILLSIDE DEVELOPMENT PERMIT NO. HDP 96-03, AND SITE DEVELOPMENT PLAN NO. SDP 96-04 TO SUBDIVIDE 8.52 ACRES INTO TWENTY SIX SINGLE FAMILY LOTS, THREE LOTS TO PROVIDE LEGAL ACCESS TO ADJACENT PROPERTIES AND FOUR OPEN SPACE LOTS FOR A TOTAL OF 33 LOTS ON THE SITE (FOUR OF THE SINGLE FAMILY UNITS ARE PROPOSED TO INCLUDE SECOND DWELLING UNITS) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF CARLSBAD VILLAGE DRIVE AT DONNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PACIFIC VIEW ESTATES CASE NO: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 WHEREAS, the Planning Commission did on May 21, 1997, June 4, 1997 and June 18, 1997, hold a duly noticed public hearing as prescribed by law to consider said application for a Tentative Tract Map, Planned Development Permit, Hillside Development Permit, and Site Development Plan; and WHEREAS, on June 18, 1997, the Carlsbad Planning Commission did, after hearing and considering all evidence and testimony of all people desiring to be heard adopted Resolutions No. 4099,4100,4101,4102, and 4103 approving a Tentative Tract Map (CT 96-03), Planned Development Pexmit (PUD 96-03), Hillside Development Permit (HDP 96-03), and Site Development Plan (SDP 96-04) to subdivide 8.52 acres into twenty six single family lots, three lots to provide legal access to adjacent properties and four open space lots for a total of 33 lots on the site (four of the single family units are proposed to include second dwelling units); and WHEREAS, an appeal of this approval was timely filed on June 24, 1997; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h h WHEREAS, on the 5th day of August, 1997, the City Council of the City of Carlsbad, held a duly noticed public hearing as prescribed by law to consider said appeal of the Planning Commission decision; and, WHEREAS, upon considering the request, the City Council considered all factors relating to the Pacific View Estates appeal; and WHEREAS, upon considering all the evidence, testimony, and arguments of those persons present and desiring to be heard, the City denies the appeal and upholds the Planning Commission’s decision. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Resolution Nos. 4099, 4100, 4101, 4102, and 4103, on file with the City Clerk, and incorporated herein by reference, constitute the findings of the City Council in this matter. 3. That the Planning Commission’s approval of CT 96-03, PUD 96-03, HDP 96-03, and SDP 96-04 is hereby confirmed, except that Condition No. 58 of Planning Commission Resolution No. 4100 is revised as set forth below, and the appeal of that decision is denied based upon the facts set out in the Planning Department Staff Reports dated May 2 1, 1997, June 4,1997 and June 18,1997, Planning Commission Addendums #l, #2 and #3, dated June 18, 1997, the evidence before the Planning Commission, the evidence as set forth in City Council Agenda Bill No. 14,299, and the testimony before the City Council, all of which are incorporated herein by reference. 4. That Condition No. 58 of Planning Commission Resolution No. 4100 is revised to read as follows: “Construct a traffic signal at Donna Drive and Carlsbad Village Drive prior to occupancy of the first unit constructed in Phase II or III. The City shall reimburse the developer for 75% of the cost of signal installation. 5. That the appeal is denied without prejudice since no procedural error occurred and the through-street connection between Carlsbad Village Drive and Wintergreen Drive is consistent with the City’s General Plan Land Use and Circulation Elements, Engineering Department Standards and Fire Department Standards. -2- f 7 E S 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- 6. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: . . . “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by the Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in a amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad California 92008.” PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 5th day of AUGUST 1997, by the following vote, to wit: AyES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall NOES: None ABSENT: None ATTEST: uz?!dA- ALETHA L. RAUTENKRAN Z, City Clerk (SEAL) -3- EXHIBIT 2 PACIFIC VIEW ESTATES CT 96=03/PUD 96-031 HDP 96=03/SDP 96-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 4099 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDED MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND SITE DEVELOPMENT PLAN TO SUBDIVIDE 8.52 ACRES INTO TWENTY SIX SINGLE FAMILY LOTS, , THREE LOTS TO PROVIDE LEGAL ACCESS TO ADJACENT PROPERTIES AND FOUR OPEN SPACE LOTS FOR A TOTAL OF 33 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF CARLSBAD VILLAGE DRIVE AT DONNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PACIFIC VIEW ESTATES CASE NO: CT 9603/PUD 96-03kIDP 96-03/SDP 96-04 WHEREAS, Pacific View LTD, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel W. Ryan, “Owner”, described as A Portion of the northwest quarter of the southwest quarter of Section 32, Township 11 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, the Planning Commission did on the 21st day of May 1997, 4th of June 1997, and the 18th of June 1997, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the amended Mitigated Negative Declaration for the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the amended Mitigated Negative Declaration according to Exhibit “ND” dated January 22, 1997, and “PIP and related Mitigation Monitoring Program dated January 15, 1997, attached hereto and made a part hereof, based on the following findings: FindinPs: 1. 2. 3. 4. 4 4 Minutes of public hearings; and Matters of common knowledge to the City of Carlsbad which they consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan, which may be found at City Hall located at 1200 Carlsbad Village Drive and the Community PC RESO NO. 4099 The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the amended Mitigated Negative Declaration dated January 22, 1997, the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring and Reporting Program, on file in the Planning Department, prior to approving the project. Based on the EIA Part II and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and hereby APPROVES the amended Mitigated Negative Declaration. The Planning Commission does hereby find that the amended Mitigated Negative Declaration dated January 22, 1997, and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad. The Planning Commission finds that the amended Mitigated Negative Declaration dated January 22, 1997, reflects the independent judgment of the Planning Commission of the City of Carlsbad. The Record of Proceedings for this project consists of the following: 4 The report, CEQA Findings, EIA Part II, dated January 22, 1997, and the Mitigation Monitoring Program; 4 All reports, applications, memoranda, maps, letters and other planning documents prepared by the project applicant and the City of Carlsbad that are before the decisionmakers as determined by the City Clerk, Cl All documents submitted by members of the public and public agencies in connection with the Mitigated Negative Declaration on the project; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. Development Offke located at 2075 Las Palmas Drive in the custody of the City Clerk and Director of Planning. The Planning Commission finds that this project qualifies as a subsequent development to the City’s MEIR (MEIR 93-01) under Section 21083.3 of CEQA for analysis of cumulative air quality and traffic impacts and that all feasible mitigation measures or project alternatives identified in the MEIR 93-01 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project.. The initial study shows that as mitigated there is no substantial evidence that the project may have a significant impact on the environment. The site contains disturbed habitat (4.37 acres), low quality coastal sage scrub (1.95 acres) and southern mixed chaparral (2.2 acres). The project has the potential to significantly impact endangered, threatened or rare species or their habitats unless mitigation is incorporated into the project. To reduce potential impacts to less than significant, the project has been conditioned to mitigate for impacts to coastal sage scrub, the habitat of the California gnatcatcher which is a listed species under the Endangered Species Act. The project site is located adjacent to Carlsbad Village Drive, a secondary arterial. A noise study was completed for the project which concluded that noise could be mitigated to meet the City standard of 60 dBA CNEL exterior and 45 dBA CNEL interior with the placement of a 5 112 ‘ noise wall along Carlsbad Village Drive and the installation of STC 32 windows on the second story for Lots 25 and 26. The topography of the site is varied, consisting of gently sloping to steep hillsides which generally slope from the center of the site downward to the east and west. The proposed 64,500 cubic yards of grading for the project will not result in any unstable earth conditions or increase the exposure of people or property to geologic hazards. ’ The cultural survey prepared for the site identified one potential cultural resource site which the study concluded was not significant. Potential impacts to paleontological resources which could occur during grading shall be mitigated pursuant to the mitigation monitoring program . Planninp Conditions: 1. This project shah comply with all conditions and mitigation measures which are required as part of the approved amended Mitigated Negative Declaration as contained in Planning Commission Resolution No. 4099 and contained in the Mitigation Monitoring Program for Pacific View Estates attached hereto as Exhibit “Z” and made a part hereof. PC RESO NO. 4099 -3- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2. The Developer shall diligently implement, or cause the implementation of, the Pacific View Estates Project Mitigation Monitoring and Reporting Program. 3. The applicant shall apply for a 4(d) “Take” permit following submittal of application for grading permit and prior to the issuance of that grading permit, the applicant shall obtain approval of the 4(d) “Take” permit by the Carlsbad City Council. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of June 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Monroy, Noble, Savary and Welshons NOES: None ABSENT: Commissioner Heineman ABSTAIN: None ROBeRT NIELSEN, Chairperson CARLSBAD PLAmING COMMISSION ATTEST: Planning Director PC RESO NO. 4099 -4- AMENDED MITIGATED NEGATIVE DECLARATION Project Address/Location: Located on the north side of Carlsbad Village Drive .at Donna Drive, City of Carlsbad, County of San Diego, State of California. Project Description: Request for a Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan to subdivide an 8.52 acre site into 26 single family residential lots. 3 lots to provide legal access to adjacent property, and 4 open space ;lots for a total of 33 lots on the property. The residential units on the 26 lots would be two-stories, 30 feet in height and be 2,105 to 2,820 square feet in size. Four of the units are proposed to contain 460 square feet, first floor, second dwelling units. The project will also contain a recreational area and RV storage facility. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within thirty (30) days of date of issuance; If you have any questions, please call Teresa Woods in the Planning Department at (619) 438-l 161, extension 4447. DATED: JANUARY 22.1997 CASE NO: ‘CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 CASE NAME: PACIFIC VIEW ESTATES PUBLISH DATE: JANUARY 22,1997 . MICHAEL J. HOxZMll%ER Planning Director 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (619) 438-11610 FAX (619) 438-0894 I.1 @ REVISED - ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CT 96-03/PUD 96-03HDP 96-03/SDP 96-04 DATE: Januarv 15. 1997 BACKGROUND 1. CASE NAME: Pacific View Estates 2. APPLICANT: Pacific View. LTD.. Contact: Don Jack 3. ADDRESS AND PHONE NUMBER OF APPLICANT: PO Box 2 198. Carlsbad, CA 92018 4. DATE EIA FORM PART I SUBMITTED: March 25.1996 5. PROJECT DESCRIPTION: Reauest for a tentative tract man, planned develonment permit, hillside develonment permit. and site develonment plan to subdivide an 8.52 acre site into 26 single-family residential lots, 3 lots to orovide legal access to adiacent pronertv. and 4 onen snace lots, for a total of 33 lots on the oronertv. The residential lots range in size from 7.002 to 29.468 sauare feet. The residential units on the 26 lots would be two-stories, 30-feet in height, and be 2.105 to 2.820 sauare feet in size. Four of the units are DrODOSed to contain 460 square foot, first-floor, second dwelling units. The nroiect will also include a recreational area and recreational vehicle storage facilitv. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning q Population and Housing q Geological Problems (x1 Transportation/Circulation q Public Services q Biological Resources n Utilities & Service Systems 0 Energy & Mineral Resources 0 Aesthetics Ix) Water a Air Quality cl Hazards Ix) Cultural Resources Ix1 Noise cl Recreation q Mandatory Findings of Significance 1 Rev. 03/28/96 - .- DETERMINATION. (To be completed by the Lead Agency) Cl El cl 0 cl I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. 1 find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. ~U2XU--- Planner Signature Date Planning Director% Sign&&-e I/7- Date 1’ 1”’ -. Rev. 03/28/96 /3 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR). Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. a A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to. or it is based on project-specific factors as well as general standards. 0 “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. l “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. a Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but @ potentially significant effects (a) have been analyzed adequately, in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. l A Negative Declaration may be prepared if the City perceives no substantial evidence that -. the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03128196 14 l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR, (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL. EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 /a- Issues (and Supporting Information Sources). 1. LAND USE AND PLANNING. Would the proposal:. a) W cl 4 e) Conflict with general plan designation or zoning? Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Be incompatible with existing land use in the vi&r&y? Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? Disrupt or divide the physical arrangement of established community (including a low-income minority community)? an or II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed offkial regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? III. GEOLOGIC PROBLEMS. Would the proposal result in or a> b) cl 4 e) f) 8) h) 0 expose people to potential impacts involving: Fault rupture? (#5) Seismic ground shaking? (#5) Seismic ground failure, including liquefaction? (#5) Seiche, tsunami, or volcanic hazard? (#5) Landslides or mudflows?.(W) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#5) Subsidence of the land? (#5) Expansive soils? (#5) Unique geologic or physical features? (#5) IV. WATER. Would the proposal result in: 4 b) c) d) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Exposure of people or property to water related hazards such as flooding? Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Changes in the amount of surface water in any water body? Potentially Significant Impact III cl cl 0 cl 0 cl 0 cl q cl cl cl cl cl cl cl Cl cl cl cl - Potentially Significant Unless Mitigation Incorporated El cl 0 0 cl cl cl 0 cl cl cl cl 0 •J Cl 0 cl IXJ cl ,o 0 Less Than Significan t Impact El Cl 0 cl cl El (xi cl IXI Ix1 IXI cl cl Ix1 lzl Ix1 cl cl III cl cl No Impact cl txl El El Ix1 cl cl El cl cl cl IXI El III •J 0 Ix1 cl IXI Ix1 lx -’ 5 Rev. 03l28l96 .C Issues (and Supporting InformatIon Sources). 4 f) I31 h) 0 Changes in currents, or the course or direction of water movements? Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Altered direction or rate of flow of groundwater? Impacts to groundwater quality? Substantial reduction in the amount of groundwater otherwise available for public water supplies? V. AIR QUALITY. Would the proposal: a> b) cl 4 Violate any air quality standard or contribute to an existing or projected air quality violation? (#lo) Expose sensitive recepto& to pollutants? (# 10) Alter air movement, moisture, or temperature, or cause any change in climate? (# 10) Create objectionable odors? (#IO) VI. TRANSPORTATION/CIRCULATION. Would the a) b) c> 4 e) f-J g) proposal result in: Increased vehicle trips or traffic congestion? (#IO) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#9) Inadequate emergency access or access to nearby uses? (#9) Insufficient parking capacity on-site or off-site? (#9) Hazards or barriers for pedestrians or bicyclists? (#9) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#9) Rail, waterborne or air traffic impacts? (#9) VII. BIOLOGICAL RESOURCES. Would the proposal result a) b) cl 4 e) in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#6) Locally designated species (e.g. heritage trees)? (#6, #4) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#6) Wetland habitat (e.g. marsh, riparian and vernal pool)? WI Wildlife dispersal or migration corridors? (#6; #7) Potentially Significant Impact Cl El cl cl cl IXI, cl cl cl El El El Cl cl cl 0 cl cl cl cl cl Potentially Significant Unless Mitigation Incornorated b cl El El cl cl cl cl cl q q 0 cl 0 cl cl Ix1 El El cl cl Less Than Significan t Impact cl q Cl cl cl cl cl q cl cl q cl cl cl cl cl Cl cl cl cl cl No Impact lxl Ix1 lz Ix) Ix) cl lx El El El IXJ lxl [XI El Ix) IXI cl cl cl 1x1 (x1 - 6 Rev. 03128196 - Issues (and Supporting Information Sources). VIII. a) b) cl ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? Use non-renewable resources in a wasteful and inefficient manner? Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Would the proposal involve: a) b) cl 4 e> A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? Possible interference with an emergency response plan or emergency evacuation plan? The creation of any health hazard or potential health hazards? Exposure of people to existing sources of potential health hazards? Increase fire hazard in areas with flammable brush, grass, or trees? X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#2, #3) b) Exposure of people to severe noise levels? (##2, #3) XI. PUBLIC SERVICES. Would the proposal have an effect a) W c> 4 e) upon, or result in a need for new or altered government services in any of the following areas: Fire protection? Police protection? Schools? Maintenance of public facilities, including roads? Other governmental services? XII.UTILITIES AND SERVICES SYSTEMS. Would the 4 b) c) proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? Communications systems? Local or regional water treatment or distribution facilities? 4 Sewer or septic tanks? e) Storm water drainage? 0 Solid waste disposal? Et) Local or regional water supplies? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - Potmtially Significant Unless Mitigation Incorpcratcd 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 Less Than Significan t Impact 0 0 0 0 0 0 0 0 5 0 5 5 5 5 5 0 0 0 0 0 0 0 No Impact 5 5 5 5 5 5 5 5 0 0 0 0 0 0 0 5 5 5 5 5 -. 5 5 Rev. 03/28/96 /8 - Issues (and Supporting Information Sources). XIII. AESTHETICS. Would the proposal: a> Affect a scenic or vista or scenic highway? b) Have a demonstrate negative aesthetic effect? cl Create light or glare? XIV. a) b) c) 4 CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#8) Disturb archaeological resources? (#l) Affect historical resources? e) Have the potential to cause a physical change which would affect unique ethnic cultural values? Restrict existing religious or sacred uses within the potential impact area? XV.RECREATIONAL. Would the proposal: a) b) XVI. a> b) c) XVII. Increase the demand for neighborhood or regional parks or other recreational facilities? Affect edsting recreational opportunities? MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? EARLIER ANALYSES. Sign&& impact Cl 0 0 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated Cl 0 0 5 0 0 0 0. 0 0 0 0 0 Less Than Significan t Impact 0 5 5 0 5 0 0 0 El 0 5 0 0 No impact 5 0 0 0 ’ 0 5 El 5 0 5 0 5 5 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative _. declaration. Section 15063(c)(3)(D). In this case a discussion should identifjl the following on attached sheets: 8 Rev. 03128196 /Q a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. cl Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 9 Rev. 03/28/96 40 DISCUSSION OF ENVIRONMENTAL EVALUATION ENVIRONMENTAL SETTING The 8.52 acre site is located on the north side of Carlsbad Village Drive at Donna Drive. Topographically, the site consists of hilly terrain containing a hilltop which generally falls away on all sides. Elevations on the site range from approximately 200 feet to 288 feet above mean sea level. The primary soil type on the site is Santiago Formation. The Santiago Formation is characterized by a thin base1 conglomeration that is overlined by fine-to-medium-grained, gray green or brown to buff sandstone. The site is presently undeveloped and has been previously disturbed. The majority of the project site contains disturbed habitat (4.37 acres). Low quality . coastal sage scrub (1.95 acres) exists within the central portion of the site. Approximately 2.2 acres of the site is occupied by southern mixed chaparral. No wetland plant communities exist on the site. . 1. LAND USE PLANNING w The project site has a RLM (Residential Low-Medium) General Plan Designation, which has a density range of O-4 dwelling units per acre and a Growth Management Control Point of 3.2 du/ac. Under the existing General Plan Designation, with a 3.2 du/ac Growth Management Control Point, this project would be permitted 24 residential units. As may be allowed under Chapter 21.90 of the Carlsbad Municipal Code, the applicants have requested to exceed the Growth Management Control Point of 3.2 du/ac on the site. As proposed the project would contain 30 dwelling units (26 market rate and 4 affordable) at a density of 3.97 du/ac, which is within the RLM Range of O-4 du/ac. The project proposes to provide 4 second dwelling units as affordable. The project is compatible with the small lot single family projects to the north and west, Multiple family apartment project to the east and single family development to the south across Carlsbad Village Drive. There is vacant property to the west that is designated by the General Plan for RM residential densities which permits a range of 4-8 du/ac with a Growth Management Control Point of 6 du/ac, with which the proposed project would be compatible. There are three parcels located to the north of this site which range in size from .78-l acre in size. Each of these parcels currently contains one single family home and could be further subdivided in the future. These parcels are designated RLM in the Carlsbad General Plan. The proposed single family residential development will be compatible with these properties. b) The proposed project will be consistent with all existing environmental plans and policies adopted by other agencies including Section 4(d) of the Endangered Species Act (4(d) Rule). c> The proposed project is an infill development. The site has not been used for agriculture in the recent past. There are numerous mature eucalyptus trees on the site which evidence the lack of farming of the site over the years. Therefore, there are no anticipated impacts to agriculture from this project. 4 The project site is currently surrounded by residential development. The proposed project will be compatible with the surrounding developments. The project will provide improved access to the developments to the north. As designed, the project will not pose 10 Rev. 03/28/96 21 2. a-b) c) 3. a-e) 4. - as a barrier to nearby developments. Accordingly, the proposed 30 unit residential project will not disrupt or divide the physical arrangement of an established community. POPULATION AND HOUSING The City of Carlsbad’s Growth Management Program established performance standards for public facilities, a population limit of approximately 135,000 persons and a housing limit of approximately 54,600 dwelling units at buildout of the City. The proposed project will exceed the Growth Management Control Point of 3.2 dwelling units per acre. The project site would be permitted 24 units based on the 3.2 du/ac Growth Management control point. The applicant has requested to exceed the Growth Management Control Point as may be permitted under Chapter 21.90 of the Carlsbad Municipal Code. The project would exceed the Growth Management allocation for the site by 6 units. The Citywide Growth Management dwelling unit and population buildout caps will not. however, be exceeded due to the fact that there have been sufficient developments approved in the quadrant at densities below the control point to cover the units in the project above the control points so that approval will not result in exceeding the Quadrant limit. Although this 30 unit project will increase the density of the population within the immediate area, this population increase is not regarded as significant in view of the fact that there are adequate dwelling units within the Quadrant to allocate to this project without exceeding the dwelling unit cap of the northwest quadrant and public facilities and services are available to meet the anticipated demand. This project is compatible with the surrounding area and will not result in growth inducing impacts to the area. In that the project site is currently undeveloped, no existing residents will be displaced. The project will however provide 4 units of affordable rental housing. GEOLOGICAL PROBLEMS The proposed 64,500,cubic yards of grading for the project will not result in any unstable earth conditions or increase the exposure of people or property to geologic hazards. The proposed project is subject to the Hillside Development ordinance. At 7,460 cubic yards of grading per acre the project is within the acceptable range of grading for a hillside property. A large portion of the grading proposed is necessary to provide public street access to an existing development to the north. The proposed new street will provide safe, convenient secondary access to Carlsbad Village Drive for the neighborhood to the north. As a result of the grading no unique features will be eliminated. The project site is not subject to significant seismic hazards which would restrict development of the property for residential use.as proposed. WATER a/c/d) Development of the project would create impervious surfaces which reduce absorption -’ rates and increase surface runoff and runoff velocities. In addition, drainage from the project’s roofs, driveways, parking areas, slopes and open areas would constitute a potentially significant impact to water quality due to potential pollutants in the “non-point 11 Rev. 03/28/96 aa b) f-i) e> 5. source” urban runotf. Prior to the approval of a grading permit for this project the applicant shall be required to comply with the requirements of the National Pollution Discharge Elimination System (NPDES) permit. The proposed project will provide all necessary erosion control measures including landscaping, adequate‘ drainage facilities and proper soil compaction to reduce water quality impacts to below a level of significance. Grading permit standards of the Zone 1 Local Facilities Management Plan require adequate drainage facilities to service the site. These items are all required by the Engineering Department prior to approval of the grading permit. The project site is not located within a floodplain or within an area which is subject to flooding. Therefore, no portions of the property or future project residents would be exposed to flood hazards. No potable ground water basins exist within the City. During testing on the site, no groundwater was encountered. Due to the relatively deep groundwater table, no significant impacts to groundwater quality, quantity, or rate or direction of flow are anticipated. ! . No water courses exis; on the site. Therefore, this project will not result in the change of currents or direction of water movement. AIR QUALITY The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the SanDiego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional Growth Management Strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. In that sufficient projects have been approved below the Growth Management Control Point in the Northwest Quadrant, the Air Quality Impacts of the additional 6 dwelling units proposed with this project have already been considered in the Master EIR for the Updated 1994 Carlsbad General Plan. Consequently, with respect to air quality impacts, this project is regarded as a -. .subsequent project which is consistent with the analysis and findings of the Master EIR for the updated 1994 Carlsbad General Plan This project is nevertheless implementing various air quality mitigation measures including: locating affordable units along major transportation 12 Rev. 03/28/96 a3 corridors, providing affordable units near commercial services and recreational amenities. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the, “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. Construction activities associated with the project would result in potential short-term air quality impacts. Principal pollutants from these activities including fugitive dust particles due to grading and transportation of construction materials and, to a lesser degree, emissions from construction vehicles. The Grading Ordinance contains provisions to minimize the release of construction related pollutants; therefore, air quality impacts resulting from future project related construction activities would not be considered significant in that the project shall be conditioned to comply with the City’s Grading Ordinance. b) Other than project air emissions associated with gas and electric power consumption and vehicle miles traveled, this 30 unit residential development will not generate any other source of air pollutants. No sensitive receptors (schools/hospitals) exists near the site, therefore potential exposure of sensitive receptors to project air emissions is not considered a significant impact. 6. TRANSPORTATION/CIRCULATION The proposed project would result in an additional approximately 300 average daily trips to the surrounding area. The 300 additional trips will not have a significant impact on the surrounding area. A traffic signal warrant analysis prepared for the project, determined that a signal was not warranted on Carlsbad Village Drive at Donna Drive. The City’s Engineering Department will condition the project to provide necessary traffic control devices for the project based on City standards. The project will be conditioned to provide full street improvements to Donna Drive, Wintergreen Street (extension) and all new internal street systems. The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures -. to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when 13 Rev. 03/28/96 29 adopted. The diversion of regional through-trafEc from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of . Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. b/c) d) e/f) g> 7. a-e) All project on-site and off-site circulation improvements shall be required to comply with minimum engineering design and safety standards. Adequate emergency access from the project site to Carlsbad Village Drive shall be provided with this project. This project shall also provide adequate access to existing adjacent uses via new public streets. Required project parking (56 resident spaces and 10 guest spaces) shall be provided on- site. As designed and conditioned, the proposed project will not result in any traffic/bicyclist conflicts or hazards nor will the project design negatively impact any alternative mode of transportation. The project, as proposed, complies with all adopted policies supporting alternative transportation. The project is not located in close proximity to a railroad or navigable waterway, therefore, no rail or waterborne impacts are anticipated. The project is located within the Airport Noise Impact Notification Area of the McClellan-Palomar Airport Comprehensive Land Use Plan. The project shall record a notice concerning potential airport impacts on the property to alert new residents of their proximity to the McClellan- Palomar Airport. BIOLOGICAL RESOURCES The project has the potential to significantly impact endangered, threatened or rare species or their habitats unless mitigation is incorporated, As described in the applicant’s biological study prepared by Anita Hayworth, dated February 7, 1996, the project area consists of approximately 1.95-acres of Diegan Coastal Sage Scrub, 2.02 acres of Southern Mixed Chaparral and 4.37 acres of disturbed habitat. Direct impacts to Diegan Coastal Sage Scrub are considered to be significant but mitigable. Impacts to the remaining habitats are not considered significant. A focused survey for threatened coastal California gnatcatcher and sensitive plant species was conducted by Dudek and Associates, letter dated -. January 11, 1996. No sensitive species were found on-site and therefore, the likelihood of survival and recovery of listed species will not be appreciably reduced. 14 Rev. 03/28/96 - Sensitive Animals No coastal California gnatcatchers were observed on the site. No brown-headed cowbirds were observed during any visits. The Coastal Sage Scrub habitat located onsite is potentially suitable for the gnatcatcher, however it is very small in size (1.95 .acres) and the property is surrounded by development thus rendering the site incapable of supporting the gnatcatcher. The property was surveyed for the Pacific Pocket Mouse. No evidence of the Pocket Mouse was identified. The study prepared for’ the site concluded that the site had very limited potential to support the Pacific Pocket Mouse. Sensitive Plants The site supports disturbed habitat, coastal sage scrub, and “lemonadeberry woodland (a plant community dominated by coastal sage scrub plant species but characterized by dense, woody, evergreen aspect that is more similar to southern mixed chaparral than coastal sage scrub. No typical chaparral was identified on the site. Ashy Spike-Moss and Sand Aster were observed on the site. The study concluded that given the absence of chaparral on the site that it is likely that these plants do not represent the sensitive variety (De1 Mar Mesa sand-aster) which typically is restricted to southern maritime chaparral in coastal San Diego County. Sensitive plant species such as De1 Mar manzanita, wart-stemmed ceaanothus, Nuttall’s scrub oak, and Encinitas baccharis, which are components of coastal chaparral, were not observed onsite and highly unlikely to be present. Orcutt’s spineflower, is nearly impossible to detect during the time of the year of the survey. However, the study concluded that based on the absence of coastal chaparral, with which this species typically is associated, it is unlikely that Orcutt’s spineflower is present. Regulatory Status When coastal California gnatcatchers are present on the site, contiguous and nearby suitable habitat is considered “occupied” habitat for purposes of the Endangered Species Act (ESA) processing. Impacts to the occupied areas of habitat may be assessed a as a “take” of coastal California gnatcatcher habitat within the context of Section 9 of the ESA. An Incidental Take Permit for the gnatcatcher can be achieved under Section 7, Section 10(a) or Section 4(d) of the ESA. The applicant is proposing to take coastal California sage scrub under Section 4(d) of the ESA. Coastal sage scrub habitat within the project site does not appear to support gnatcatchers (Source #l 1). Further, as noted in the biological study, this project would probably not impact coastal California gnatcatcher, due to the small size of the habitat on the site, and therefore, no additional surveys were recommended. The project site is not located within a preserve planning area of the draft Carlsbad Habitat Management Plan, This is primarily due to the fact that the surrounding area is fully developed and could not support sensitive species. Because of the development of the surrounding area, this site would not make a good connective corridor for sensitive species. -. 15 Rev. 03/28/96 -. 8. ENERGY & MINERAL RESOURCES a) Consistent with Title 24 regulations of the State Building Code, the project will be designed to incorporate. energy conservation measures where feasible. Otherwise, the project does not conflict with any adopted energy conservation plans. W No non-renewable resource has been identified on this site. Therefore, implementation of the proposed project would not result in the wasteful use of a non-renewable resource. cl The subject site does not contain any known mineral resources (natural gas, oil. coal or gravel) that would be of future value to the region and the residents of the State. 9. HAZARDS a-d) Aside from the short-term air quality impacts associated with the emissions from construction vehicles and generation of dust during project construction activities, the proposed residential project would not result in a significant risk of a explosion or release of hazardous substances. The project will be conditioned to construct public street access to existing Wintergreen Street improving existing emergency response to this existing neighborhood. No health hazards will be created by this residential project. e) The project is adjacent to natural vegetation to the west, which is subject to fire hazard. This project shall be required to comply with all fire suppression policies of the Carlsbad Landscape Manual. 10. NOISE a/b) The grading operation and construction activities associated with this project will produce an insignificant, typical, short term noise impact. No extended noise sources are associated with the proposed residential development. Construction activities will be required to comply with the City’s Construction Noise Ordinance Chapter 8.48 of the Carlsbad Municipal Code. The project site is located adjacent to Carlsbad Village Drive, a secondary arterial in this area. A noise study was completed for the project and concluded that noise could be mitigated on the site to meet City standards of 60 dBA CNEL exterior and 45 dBA CNEL interior with the placement of a 5 %’ noise wall along Carlsbad Village Drive and the installation of STC 32 windows on the second story for lots 28 and 29. 11. PUBLIC SERVICES a-e) The proposed project is subject to all conditions of the Zone 1 Local Facilities Management Plan which projected the zone needs at buildout assuming that all units allowed under Growth Management were constructed. Therefore, the proposed 37 unit residential development will not result in the need for new governmental services including police and fire services. The school district has written a letter indicating -. acknowledgment of the project and indicating the provision of schools, although school aged residents of this subdivision may not attend the closest school to their home. Consistent with the City’s Growth Management Plan and applicable state law, the project 16 Rev. 03/28/96 27 applicant shall be required to submit evidence to the City that project impacts to school facilities have been adequately mitigated prior to issuance of grading or building permit. 12. UTILITIES & SERVICE SYSTEMS a-g) In that this project shall be subject to the utility and service system requirements and conditions within the Zone 1 LFMP, no significant utility or service system impacts will occur. The project shall be conditioned to either tie into existing facilities or construct new facilities as necessary. 13. AESTHETICS a/b) Potential project visual impacts to Carlsbad Village Drive will be adequately mitigated with landscaping on all up-slopes, location of structures on building pads, and use of earth-tone noise barriers/screen walls. The development of the site will involve 64,500 cubic yards of grading to create building pads, streets, RV parking site, recreation areas and drainage facilities. The proposed grading conforms with the City’s Hillside Development Ordinance as manufactured slopes would be screened with buildings and or landscaping and not exceed 30-feet in height. Additionally, the proposed development will be terraced from west to east down the hillside generally preserving the natural integrity of the landform. Therefore, the alteration of the topography would not create a significant aesthetic impact. The provision of screen/noise walls, landscaping and a differential in grade will adequately screen the project from Carlsbad Village Drive and other nearby streets. 14. CULTURAL RESOURCES a-e) The cultural resource survey prepared for the site (Sources #l) identified one potential cultural resource site on the property (SD1 14,259). Based on the evaluation criteria, the study concluded that the resource was not important. The study noted that as a small site with limited variability, that had been compromised by disturbance from adjacent development, that the sites’ research potential was exhausted. Therefore, the study concluded that implementation of the proposed project will not result in adverse impact to the resource and no mitigation is recommended. Based on the paleontological survey conducted for the site, it has been determined that the property has the potential to create significant impacts to paleontological resources. These impacts will occur when mass excavation activities cut into the sandstones of the Santiago Formation, primarily during grading. Mitigation of the impacts discussed above can be ensured by implementing the following measures: a. Prior to any grading of the- project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance -. of a grading permit; 17 Rev. 03/28/96 15. A) 16. 4 b) c> 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 strate, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; C. d. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. RECREATION A variety of on-site amenii.ies (ball court, trail, picnic area) will be provided with the project. In addition, Hosp Grove Park is located within a mile of the site (north). Accordingly, project &pacts to recreational amenities are not regarded as significant. MANDATORY FINDINGS OF SIGNIFICANCE As discussed in the Biological Resources section of this EIA, the project will impact 1.95 acres of Diegan Coastal Sage Scrub. However, the mitigation measures proposed will adequately mitigate impacts to biological resources. All project related impacts must be considered to be considerable when viewed in connection with the effects of continued growth and development of the City, Northern San Diego County and San Diego County in general. However, with the exception of significant and unmitigable regional air quality and traffic impacts identified within the Master EIR for the City’s updated 1994 General Plan, (for which statements of Overriding Considerations’ have been adopted by the Carlsbad City Council), this project will implement project specific mitigation measures to reduce project specific impacts to a level of inaignificance. The implementation of these project mitigation measures will incrementally reduce cumulative-considerable impacts to a level of insignificance. As previously discussed within this document, this 30 unit residential project will not create environmental effects which will cause substantial effects on human beings, either directly or indirectly. Alternatives: Project alternatives are required when there is evidence that the project will have a significant adverse impact on the environment and an alternative would lessen or mitigate those adverse impacts. Public Resources Code Section 21002 forbids the approval of projects with significant impacts when feasible alternatives or mitigation measures can substantially lessen such impacts. A “significant effect” is defined as one which has a substantial adverse impact. Given the -, attached mitigation conditions, this project had “NO” significant physical environmental . impacts, therefore, there is no substantial adverse impact and no justification for requiring a discussion of alternatives, (an alternative would not lessen an impact if there is no substantial 18 Rev. 03128196 a9 - adverse impact). III. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. SOURCE DOCUMENTS: (Note: all Source documents are on file in the Planning Department located at 2075 Las PaImas Drive, Carlsbad, California 92009; Phone: (619) 438-1161) Cultural Resource Survev and Evaluation of Pacific View Estates San Dieno Countv, California, ASM Affiliates Inc., John R. Cook, April 1996. Acoustical Analvsis Renort #708 for Pacific View Estates - Carlsbad, George E. Leighton, November 27, 1995. Revision to Acoustical Analvsis Renort #708 for Pacific View Estates - Carlsbad, George E. Leighton, April 8, 1996. Tree Survev Pacific View Estates, R.D.G. Consultants, Stamped September 16, 1996. Renort of Geologic and Geotechnical Investigation for Develoument of D. Rvan Pronertv at Carlsbad. California, AdTech Engineering, Inc., October 16, 1995. Carlsbad Village Drive Pronertv Biological Reconnaissance Survey, Anita M. Hayworth Biological Consultant, February 7, 1996. U.S. Denartment of Interior. Fish and Wildlife Service. Pacific View Ltd. Proiect, Sensitive Suecies Survey, Letters Dated January 3 1, 1996 and February 28, 1996. Paleontological Resources. 8.5 Acres Located in Carlsbad. CA (APN 167-250-161, San Diego Natural History Museum, Letter Dated December 26, 1995. Traffic Imnact Analysis for a 48 Unit Residential Develonment, Citv of Carlsbad, O’Rourke Engineering, Letter Dated January 18,1996. Citv of Carlsbad General Plan Undate Final Master EIR, City of Carlsbad Planning Department, March 1994. Pacific View Limited Sensitive Snecies Survey, Dudek & Associates, Inc., letter dated January 11,1996. LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. All project grading and site preparation shall comply with the recommendations of the Report of Geologic and Geotechnical Investigation for the project, prepared by AdTech Engineering, Inc., dated October 16, 1995, and any subsequent amendments on file in the Planning Department. 2. Compliance with APCD Rules 51 (The “Nuisance” Rule), 52 (Particulate Matter), and 54 -. (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust impacts associated with project grading operations. A note shall be placed on the grading permit 19 Rev. 03128196 30 - A 3. stipulating that the following measures shall be required to achieve compliance with these rules, and reduce construction-related air pollutants: a. b. 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; C. d. e. f. All construction-related trtic shall be restricted to routes that are dust-controlled, and reduced speeds shall be maintained for all haul and construction vehicles: All construction activities shall be limited during periods of high winds; All heavy-duty, diesel-powered construction equipment shall be operated according to manufacturers suggested operating instructions (with the fuel- injection timing retarded to recommend levels for NOx 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; and h. The Engineering Department shall monitor for compliance during all grading operations of the project. All project runoff shall conform with the National Pollution Discharge and Elimination System Permit (NPDES) requirements, pursuant to San Diego Regional Water Quality Control Board Order No. 90-42, adopted by City Council Resolution 90-235. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge into any sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading permits. Drainage water from buildings, streets, recreation areas, RV storage area and landscaped areas shall be disposed of through stormdrains or otherwise in a manner that will avoid runoff onto adjacent property. 4. Approximately 1.95 acres of Diegan Coastal Sage Scrub (CSS) habitat will be directly impacted by this project. The impacted CSS habitat is regarded as low quality. Pursuant to the Interim Take provisions of the 4d Rule of the Endangered Species Act, the project shall be required to mitigate this take of 1.95 acres of CSS habitat by acquiring for preservation comparable quality habitat at a. 1:l ratio. Prior to issuance of grading permits, the project applicant shall be required to consult with and obtain any necessary permits from the USFWS, the California Department of Fish and Game and the City of Carlsbad for impacts to the 1.95 acres of CSS. 5. -. Prior to the issuance of building permits for this project, the applicant shall submit building plans indicating interior noise mitigation to 45 dBA CNEL interior pursuant to the Acoustical Analysis Report (George Leighton) for this project. Such noise mitigation 20 Rev. 03/28/96 3J 6. 7. 8. 9. - shall include at minimum the installation of STC 32 windows on the second story for Lots 28 and 29. Prior to occupancy of any units, the project applicant shall be required to construct a minimum 5.5’ high noise barrier (wall) along the top of slope adjacent to C&bad Village Drive, consistent with the recommendations of the acoustical analysis report prepared for the project. The wall shall be earth tone in color and screened with landscaping as viewed from Carlsbad Village Drive. Prior to issuance of building permits, the developer shall prepare and record a Notice that this property is subject to overflight, sight, and sound of aircraft operating from Palomar Airport in a form meeting the approval of the Planning Director and the City Attorney. (See Noise Form #2 on file in the Planning Department). Prior to hauling dirt or construction materials to or from any construction site within this project, the applicant shall submit to and receive approval from the City Engineer for a proposed haul route. The applicant shall comply with all conditions and requirements the City Engineer may impose with regard to the hauling operation. Paleontology: a. b. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic &ate, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; C. d. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; and e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. ATTACHED MITIGATION MONITORING PROGRAM 21 Rev. 03/28/96 34 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date E Signature ^. 22 Rev. 03/28/96 33 I : : ; I ./ . . , * , , L . . . . c” $3 z -I 5s Y g O % 2 a - EXtWl- “2” ENVlRONMENT-- . MITIGATION MONITORING CH1 ALIST Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PLANNING COMMISSION FWSOLUTION NO. 4100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE 8.52 ACRES INTO TWENTY SIX SINGLE FAMILY LOTS THREE LOTS TO PROVIDE LEGAL ACCESS TO ADJACENT PROPERTIES AND FOUR OPEN SPACE LOTS FOR A TOTAL OF 33 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF CARLSBAD VILLAGE DRIVE AT DONNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: PACIFIC VIEW ESTATES CASE NO.: CT 96-03 WHEREAS, Pacific View LTD, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel W. Ryan, “Owner”, described as A Portion of the northwest quarter of the southwest quarter of Section 32, Township 11 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A”-“ 0” dated May 21, 1997, on file in the Planning Department (Pacific View Estates - CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04), as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of May 1997,4th of June 1997, and the 18th of June 1997, 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 persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. WHEREAS, on June l&1997, the Planning Commission approved, CT 96-03, as described and conditioned in Planning Commission Resolution No. 4100. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES Tentative Tract Map CT 96-03, based on the following findings and subject to the following conditions: Findinps: 1. That the proposed map and the proposed design and improvement of the subdivision as condition, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project: is a medium-low density single family residential development; is designed in accordance with the Subdivision and Planned Development Ordinances; and is in compliance with the recommendations of the required technical studies for soils, drainage, noise, and biological resources. The proposed subdivision also provides all necessary public improvements to serve the demand generated by the development. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Low-Medium (RLM), Residential Medium (RM) and Residential Medium-High (RMH) development on the General Plan, and the project is a residential development with a density of 3.97 du/acre which is within the Residential Low-Medium density range which is compatible with the surrounding land uses. 3. That 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, in that the project has similar lot sizes as nearby single and multiple family developments of the area, and the project meets all City standards for street widths, setbacks, grading and drainage for the development. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and structured such that there are no conflicts with any established easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). PC RESO NO. 4100 -2- 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. .- That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the area is dominated by westerly wind patterns which will allow the utilization of natural heating and cooling opportunities. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that all applicable environmental mitigation measures required by the Mitigated Negative Declaration, dated January 22, 1997, have been incorporated into the project and/or added to the project as conditions of approval. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with City required sewer and drainage facilities. Pursuant to City Engineering Standards the project is conditioned to comply with National Pollution Discharge Elimination System (NPDES) standards to prevent any discharge violations. The Planning Commission finds that the project, as conditioned herein for compliance with Local Facilities Management Zone 1, compliance with RA-10,000 Zoning, and compliance with Planned Development and Hillside Development regulations, is in conformance with the Elements of the City’s General Plan, based on the following: a. Land Use - The project is consistent with the City’s General Plan since the project at a density of 3.97 du/acre is within the density range of the RLM General Plan designation (O-4 du/ac). Although the project is above the growth management density control point of 3.2 du/acre, as provided for in the General Plan, a project can exceed the growth control point if the zoning is consistent with the General Plan, including the land use designation, and no more than a maximum of twenty five (25) percent additional units are proposed in excess of the growth control point. This provision would allow a maximum of 30 units on the site. Since the applicant is proposing 30 units, and the R-A-10,000 zoning is consistent with the RLM General Plan designation, this project is in compliance with the Land Use Element of the General Plan. Further, as a single family development on minimum 7,000 square foot lots, the project is compatible with surrounding uses including the multiple family apartments, small lot single family units (4,000 square foot minimum lot sixes) and standard lot (lO,OOO+ square feet) single family units. PC RESO NO. 4100 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C The project is consistent with the City’s General Plan since the proposed density of 3.97 du/acre is within the density range of O-4 du/acre specified for the site as indicated on the Land Use Element of the General Plan. b. Circulation - The project is conditioned to complete all necessary onsite and offsite roadway improvements prior to occupancy of any unit in each phase of the project. In addition, the project is designed and conditioned to provide public street access to the neighborhood on Wintergreen Drive which has inadequate secondary access and public street access to two parcels that have inadequate public street access. C. Noise - That as designed and conditioned to mitigate potential noise impacts from Carlsbad Village Drive, the project is consistent with the City’s noise standard of 60 dBA CNEL exterior and 45 dBA CNEL interior. d. Housing - That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict 4 dwelling units as affordable to lower-income households and to purchase .5 credit as permitted pursuant to Section 21.85.040(c) of the Carlsbad Municipal Code. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a. The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer 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. b. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. C. d. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or are required as conditions of approval. e. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. PC RESO NO. 4100 -4- 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. . . . The project has been conditioned 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 2 1.90 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 has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. That the project will provide sufficient additional public facilities for the density ‘in excess of the control point to ensure that the adequacy of the City’s public facility plans will not be adversely impacted, in that as designed and conditioned the project will comply with the City’s public facility plans and will provide all necessary public facilities including streets, water and sewer facilities to meet the needs of the development. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that as designed and conditioned the project will comply with the City’s public facility plans and will provide all necessary public facilities including streets, water and sewer facilities to meet the needs of the development and will pay all necessary fees for public facilities. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shah record a notice concerning aircraft impacts. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the project site is located outside of the 60 dBA CNJIL noise contour of the airport. That the habitat loss does not cumulatively exceed the 5% guideline established in the Draft Conservation Guidelines of the Draft Natural Community Conservation Plan (NCCP), in that the proposed take of 1.95 acres of low quality coastal sage scrub habitat is consistent with the City policy for interim take and there is currently a balance under the 5% limitation to accommodate the 1.95 acre take proposed with this project. As conditioned, the project is required to process a City “Take” permit pursuant to City requirements to ensure that there continues to be an adequate balance of the 5% limitation lands available at the time this project proposes to develop. PC RESO NO. 4100 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. That the habitat loss will not preclude connectivity between areas of high habitat values, in that the project site consists of low quality, isolated habitat areas that are not located within any of the City’s HMP core areas or core linkage areas. That the habitat loss will not preclude or prevent the preparation of the City’s Habitat Management Plan, in that the habitat loss on the site is small (1.95 acres) and the habitat on the site is low quality coastal sage scrub which is not located within a core area of core linkage area, as identified in the City’s HMP. That the habitat loss has been minimized and mitigated to the maximum extent practicable in accordance with the mitigation established by the NCCP Guidelines, in that the habitat loss will be mitigated at a minimum of 1:l ratio as recommended by the resource agencies. That the habitat loss will not appreciably reduce the likelihood of the survival and recovery of listed wildlife species in the wild, in that the project site consists of low quality, isolated habitat areas that are not located within any of the City’s HMP core areas or core linkage areas. That the habitat loss is incidental to otherwise lawful activities, in that as conditioned, all necessary permits including hillside development, grading and a 4(d) “Take” permit will be obtained for this project. That the project is consistent with the City’s Landscape Manual, adopted by City Council Resolution No. 90-384. Adjacent properties with inadequate public street access will be provided adequate public street access as this project has been designed. That the property cannot be served adequately with a public street without a panhandle lot (Lot 14) due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the project site is an infill-hillside property, with an unusual shape which is more sensitively graded utilizing a panhandle lot. That the subdivision with a panhandle lot on Lot 14 will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that as designed, all lots have public street access as shown on Exhibits “A” - “0”. That the buildable portion of Lot 14 consists of an area of greater than 8,000 square feet, three parking spaces provided within a garage and adequate turn-around space for vehicles to maneuver, which meets the requirements of Section 21.10.080(d)(l) of the Carlsbad Municipal Code. That the front, sides, and rear property lines on Lot 14, for purposes of determining required yards, are as shown on Exhibit “A”, on file in the Planning Department. PC RESO NO. 4100 -6- Yr, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts cause by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 31. The change of use of City of Carlsbad owned property from reservoir to public street is consistent with the Carlsbad General Plan in that as provided for in the Circulation Element of the General Plan, the public roads (Donna Drive and “B” Street) have been designed to maintain City standards for the design and construction of roads by providing secondary access to the Hillgate Estates neighborhood which does not currently have secondary access to meet City standards, and consistent with the Circulation Element of the General Plan, the project is a joint public/private effort to improve circulation in a developed area. 32. That the use of Second Dwelling Units to satisfy the inclusionary housing requirement for this project is an acceptable alternative for providing affordable housing in that: the proposed project is a small in-fill project in which using other means of satisfying the inclusionary housing requirements of Chapter 21.85 would be almost impossible; and, the proposed Second Dwelling Units comply with the recommended Housing Commission policy for the use of Second Dwelling Units including the unit size being greater than 400 square feet, the unit design containing one bedroom, and no direct access provided to the SDU from the main house. Conditions: Planning: 1. The Planning Commission does hereby APPROVE the Tentative Tract Map for the project entitled Pacific View Estates (Exhibits “A” - “0” dated May 21,1997, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth.) Staff is author&d and directed to make, or require Developer to make, all corrections and modifications to the Tentative Tract Map document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Tract Map as approved by the final decision making body. The Tract 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. PC PESO NO. 4100 -7- 41 1 2 3 4 5 6 $ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. reduced legible version of the approving resolution(s) on a 24” x 36” blueline drawing. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. A note to this effect shall be placed on the final map. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated March 22,1996, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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 residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall.be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of CT 96-03 is granted subject to the approval of PUD 96-03, HDP 96-03, and SDP 96-04. CT 96-13 is subject to all conditions contained in of PUD 96-03, HDP 96- 03, and SDP 96-04 for the Planned Development Permit, Hillside Development Permit, and Site Development Plan. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 4100 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by PC RESO NO. 4100 -8- 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. 19. 20. the Developer or successor in interest. The Developer shall prepare a detaiied landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. That the slopes west of Donna Drive and adjacent to Lots 8 and 27 shall be heavily landscaped with trees and ground cover to soften the visual impacts of these slope areas, subject to the satisfaction of the Planning Director. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 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. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 4 dwelling units (including: Units one unit each on Lots 14,21,24 and 27) as affordable to lower-income households for the useful life of the dwelling units, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the PC RESO NO. 4100 -9- Y3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. 22. 23. Planning Director prior to submittal of final map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Within 90 days of the approval of CT 96-03, the Developer shall pay to the City a fee to purchase .5 of an affordable housing subsidy unit as permitted pursuant to Section 21.85.040(c) of the Carlsbad Municipal Code, unless an alternate method of satisfying the fractional affordable housing requirement is approved in the Affordable Housing Agreement. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. The Developer shall establish a homeowners’ association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. “General Enforcement bv the Citv. The City shall have the right, but ‘not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. C. Snecial Assessments Levied bv the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection PC RESO NO. 4100 -lO- 4Lf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. 25. 26. 27. 28. 29. 30. - against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal. actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration.” The Developer shall dedicate on the final map, an open space easement for those portions of lots 1, 4-9, 12, 13, 15, 17-20, 26-29 and 33 which are in slopes, in their entirety to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping other than that approved as part of the landscape plans as shown on Exhibits “E” - “F”. This project shall comply with all conditions and mitigation measures which are required as part of the approved Mitigated Negative Declaration as contained in Planning Commission Resolution No. 4099 and contained in the Mitigation Monitoring Program for Pacific View Estates attached thereto. The applicant shall apply for a 4(d) “Taken permit following submittal of application for grading permit and prior to issuance of that grading permit, the applicant shall obtain approval of the 4(d) “Take” permit by the Carlsbad City Council. Street lighting shall be provided pursuant to City standards. The RV storage area on Lot 8 shall be screened from adjacent properties and the street with a combination of screen walls, decorative fencing and landscaping as approved by the Planning Director. The walls on Lots 4,5,6,7,9,11,12 and 28 are to be an earth tone color similar to that of the soil and are to be softened with landscaping subject to the satisfaction of the Planning Director. The Open Space designation on Lots 10,ll and 32 shall be removed and these lots shall be designated for access purposes only. PC RESO NO. 4100 -ll- il s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .I8 19 20 21 22 23 24 25 26 27 28 31. Prior to final map or grading permit whichever occurs first, the proposed landscape plans shall be revised to include the landscaping of Lot 10. The design of landscaping shall be to the satisfaction of the Planning Director. A landscape easement shall be placed over the entirety of Lot 10 and the project CC&Rs shall include a provision requiring the maintenance of Lot 10 until such time as Lot 10 is needed for access purposes for the adjacent property. At such time, the Homeowners’ Association shall relinquish the landscape maintenance easement. The project CC&Rs shall include a provision that fully discloses the fact that Lot 10 is intended to be paved and used as a driveway to access future development of the adjacent Dabbs’ property. 32. The applicant shall modify the configuration of access Lots 10 and 11 per the revised site plan Exhibit “X”, attached hereto. The modification of Lots 10 and 11 shall be reflected on the conforming mylar required as condition of project approval. 33. The Developer shall apply for and obtain a finding from the Housing Commission that the affordable housing aspect of the project is consistent with the Housing Commission Guidelines on Second Dwelling Units, approved.May 8,1997. EnPineering: Unless specifically stated in the condition, all of the following engineering conditions. upon the approval of this proposed major subdivision. must be met prior to approval of a final map. 34. 35. 36. 37. 38. Prior to issuance of any building permit, the developer shali comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formerly established by the City. This project is approved for up to three final subdivision maps for the purposes of recordation. If the developer chooses to record a final subdivision map out of the phase shown on the tentative map, the new phasing must be reviewed and approved or conditionally approved by the City Engineer and Planning Director. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs (if maintained by the Association) and on the final map. The developer 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, offricers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. PC RESO NO. 4100 -12- If4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39. 40. 41. 42. 43. 44. 45. 46. 47. - Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. Alternatively, the developer may submit to the City Engineer a letter from their soils engineer stating their approval of a drainage design which conveys runoff to a swale located less than 5’ from the building face. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the final map (and in the CC&Rs): “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.” The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City ,harmless regarding drainage across the adjacent property. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project appears to be required. The developer must submit and receive approval for grading plans in accordance with City codes and standards prior to issuance of a building permit for the project. Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as PC RESO NO. 4100 -13- +u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 48. 49. 50. 51. 52. determined by the City Engineer and Planning Director. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Prior to issuance of building permits, the developer shall underground all existing overhead utilities within the subdivision boundary, Direct access rights for all lots abutting Carlsbad Village Drive shall be waived on the final map. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer 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: Phase 1 1. Full width street improvements of “A” Street. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. PC RESO NO. 4100 -14- 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 54. 55. - 2. Water and sewer utility stubs to Lot 10. Phases 2 1. Full width street improvements of “B” Street and Wintergreen Drive within the Phase 2 boundaries. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. A 24’ wide paved travel way on “B” Street and Donna Drive from the Phase 2 boundary to its intersection with Carlsbad Village Drive. This travel way is for emergency access purposes and shall be designed to the satisfaction of the City Engineer. Phase 3 ! . ; 1. Full width street improvements of “B” Street within the Phase 3 boundaries. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Half-width street improvements plus 12’ of additional paving on Donna Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 3. Water and sewer utility stubs to Lot 32. 4. Removal and replacement of fencing, landscaping and access to the water tank property* A list of the ahove improvements 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. Prior to final map approval the developer shall enter into an agreement to transfer the ownership of Lots 10, 11, and 32, to the adjacent off-site properties. Prior to approval of final map, the developer shall demonstrate to the satisfaction of the City Engineer that all existing private access easements over the project site have been quitclaimed or otherwise extinguished. Access and utilities to all adjoining lots shall be available at all times, including during construction. Prior to issuance of grading permit, the developer shall submit a plan, for review and approval by the City Engineer and Fire Marshall, which demonstrates bow access is to be maintained to adjoining properties during construction. PC RESO NO. 4100 -15- L/q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 56. The developer shall obtain a City right-of-way permit prior to beginning construction of street improvements. 57. Prior to occupancy of the first unit in Phase 1, the developer shall enter into a bond agreement with the City to pay, on demand by the City, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Wintergreen Drive and Hosp Way. This agreement shall terminate five years from the date of occupancy of the fast unit in Phase 3 of the subdivision. 58. Prior to occupancy of the first unit in Phase 1, the developer shall enter into a bond agreement with the City to pay, on demand by the City, one-fourth of the cost for the design and construction of a trafftc signal and advance warning system at Donna Drive and Carlsbad Village Drive. This agreement shall terminate five years from the date of occupancy of the first unit in Phase 3 of the subdivision. 59. Prior to final map approval the developer shall acquire City-owned property shown within the right-of-way for Street “B”. 60. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data: No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. 61. The “B” Street connection to Wintergreen Drive is to remain barricaded and inaccessible to traffic until such time that “B” Street is opened as a public street. A lockable gate shall be provided at this connection point for access by Pacific View Estates sales staff. 62. Prior to final map approval, the applicant shall obtain an easement from the City for landscape maintenance purposes on the reservoir parcel. 63. The applicant shall work in conjunction with the adjacent property owner to facilitate the installation of gas, electricity, and cable television stubs to Lot 10 and Lot 32. The applicant is not responsible for costs associated with providing these utilities. All associated costs for labor, materials, connection charges, and agency fees and deposits shall be borne by the adjacent property owners. Water District: 64. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacky, pressure and flow demands can be met. PC RESO NO. 4100 -16- 3-0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 65. The Development shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 66. Sequentially, the Developer’s Engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrigational needs from appropdate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e. GPM - EDU) 67. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. 68. The Developer shall improve the north and west boundaries of the reservoir site property through grading, construction of curb, gutter, sidewalks, and road surface to match “B” Street and Donna Drive improvements, install new entrance driveway to the reservoir site, and provide a gate, security fencing and landscaping subject to the satisfaction of the District Engineer. On the east boundary to the reservoir, the Developer shall provide grading, security fencing and landscaping to the satisfaction of the District Engineer. 69. The Developer shall grade the reservoir property and construct road improvements to match “B” Street and Donna Drive improvements. 70. Prior to approval of the final map or issuance of grading permit, whichever occurs first, the Developer shall consult with the Water District regarding the relocation of the existing water pipeline easement on the property. The Developer shall relocate the water pipeline within a 15 to 20 foot wide easement, at a location to be reviewed and approved by the District Engineer prior to final map or grading permit, whichever occurs first. In return, the Water District will quitclaim the existing water pipeline easement. The exact size and location of the proposed easement shown on the tentative tract map is preliminary, and may be modified. . . . . . . C PC RJZSO NO. 4100 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 &: 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. - Prior to issuance of building permits, the Fire Departments shall evaluate building plans for conformance with applicable fire and life safety requirements of the state and local Fire Codes. Provide additional public fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but should be positioned no closer than 100 feet from terminus of a street or driveway. The applicant shall submit a site plan to the Fire Department for approval, which depicts the location of required, proposed and existing public water mains and fore hydrants. The plan should include off-site fore hydrants within 200 feet of the project. The applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of Section 17.04.020 of the Carlsbad Municipal Code. Native vegetation which presents a fire hazard to structures shall be modified or removed in accordande with the specifications contained in the City of G&bad Landscape Manual. The applicant shall submit a fire suppression plan to the Fire Department for approval. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements at least two existing intersections of streets. The map shall also clearly depict street centerlines, hydrant locations and street names. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time; if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of PC RESO NO. 4100 -18- 5a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan. Standard Code Reminders: The project is subject to all applicable provisions of Federal and State laws and local ordinances, including but not limited to the following: 81. 82. 83. 84. 85. 86. 87. 88. 89. The Developer 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 Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The Developer shall provide the following note on the fmal map of the subdivision and final mylar of this development submitted to the City: “Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is RLM dwelling units per non-constrained acre. All Parcels were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include all parcels under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code.” The following note shall be placed on the Final Map: “Prior to issuance of a building permit for any buildable lot within the subdivision, the Developer shah pay a one-time special development tax in accordance with the City Council Resolution No. 91-39.” Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except‘as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. Prior to occupancy of the first dwelling unit the Developer shah provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. PC RESO NO. 4100 -19- 5.3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 90. 91. 92. C Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 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. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has suffkient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of June 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Monroy, Noble, Savary and Welshons NOES: None ABSENT: Commissioner Heineman ABSTAIN: None ,<;/-.-p . ” ,(y , 1 ‘-. ROl%RT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOXMIUER Planning Director PC RESO NO. 4100 -2o- EXHIBIT “A” .EXHIBIT ‘LOT Id OPEN SPACE \ \ I \ u \ \ \, SPACE 9 JW 266.6 F!j 266.0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4101 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT TO SUBDIVIDE 8.52 ACRES INTO TWENTY SIX SINGLE FAMILY LOTS THREE LOTS TO PROVIDE LEGAL ACCESS TO ADJACENT PROPERTIES AND FOUR OPEN SPACE LOTS FOR A TOTAL OF 33 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF CARLSBAD VILLAGE DRIVE AT DONNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: PACIFIC VIEW ESTATES CASE NO.: PUD 96-03 WHEREAS, Pacific View LTD, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel W. Ryan, “Owner”, described as A Portion of the northwest quarter of the southwest quarter of Section 32, Township 11 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits “A’‘-“0” dated May 21, 1997, on file in the Planning Department, Pacific View Estates - PUD 96-03 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of May 1997, 4th of 1 June 1997, and the 18th of June 1997, 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 persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission APPROVES Condominium Permit PUD 96-03, based on the following findings and subject to the following conditions: FindinPs: 1. 2. 3. 4. 5. 6. That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the project complies with all City plans, policies, standards and guidelines and is similar to surrounding existing development in the area. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, in that the area is designated for residential Low- Medium (RLM) density uses in the General Plan and development is necessary to continue the balance of land uses in the City. That 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, in that the project meets all required City standards and ordinances and adequate setbacks, landscaping and roadway improvements are incorporated into the project design. That the proposed Planned Development Permit meets all of the minimum development standards set forth in Chapter 2 1.45.090, 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 in that compatible lot sixes, compatible architecture, adequate resident and guest parking, recreational amenities, public street improvements and adequate building setbacks have been provided. That 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, in that the residential lots are designed to step down the hillside, the project design includes varying roof line orientations and a variety of building materials compatible with developments in the area; the project complies with all small lot architectural guidelines; slope grading is designed with natural contouring and undulations; and, adequate landscaping is provided to soften slopes. That the proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or PC RESO NO. 4101 -2- 5’7 disruptive element to the neighborhood, in that the proposed twenty six single family lots developed within the Residential Low-Medium (RLM) density range, are similar to the lot sixes and design of nearby single family and multiple family residential developments. 7. That the project’s circulation system is designed to be efficient and well-integrated with the project and does not dominate the project, in that the proposed development is an in-fill project which has been required to connect existing Wintergreen Drive, via a new public street, to Carlsbad Village Drive to provide adequate secondary access to an existing neighborhood. Additionally, this project will provide public street access to two, existing, adjacent lots which lack adequate public street access. The designed street improvements comply with required City standards. All necessary street right-of-way dedications and improvements will be dedicated with the project as designed and conditioned. , Conditions: ; 1. 2. . . . . . . . . . ..I . . . . . . . . . . . . The Planning Commission does hereby APPROVE the Planned Development permit for the project entitled Pacific View Estates Exhibit(s) “A” - “0” dated May 21, 1997 on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth.) Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Planned Unit Development document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. Approval of PUD 96-03 is granted subject to the approval of CT 96-03, HDP 96-03, and SDP 96-04. PUD 96-03 is approved subject to all conditions of approval for CT 96-03, HDP 96-03, and SDP 96-04, Planning Commission Resolutions No. 4100, 4102 and 4103, incorporated herein by reference and on file in the Planning Department. PC RESO NO. 4101 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 18th day of June 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Monroy, Noble, Savary and Welshons NOES: None ABSENT: Commissioner Heineman ABSTAIN: None ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO%MILtiR Planning Director PC RESO NO. 4101 -4- 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE 8.52 ACRES INTO TWENTY SIX SINGLE FAMILY LOTS THREE LOTS TO PROVIDE LEGAL ACCESS TO ADJACENT PROPERTIES AND FOUR OPEN SPACE LOTS FOR A TOTAL OF 33 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF CARLSBAD VILLAGE DRIVE AT DONNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PACIFIC VIEW ESTATES CASE NO: HDP 96-03 WHEREAS, Pacific View LTD, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel W. Ryan, “Owner”, described as A Portion of the northwest quarter of the southwest quarter of Section 32, Township 11 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A”-“ 0” dated May 21,1997, on file in the Carlsbad . Planning Department (Pacific View Estates - HDP 96-03) as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 21st day of May 1997, 4th of June 1997, and the 18th of June 1997, consider said request; and WHEREAS, at said 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 Permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES Hillside Development Permit, HDP 96-03, based on the following findings and subject to the following conditions: II Findinps: 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the project has been designed with natural contour grading and disturbance of the hillside and will be compatible with surrounding developments. The project has been designed with building pads that step-down the project site to reduce visual impacts of the project. 4. . That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that no development is proposed on the 40-percent or greater slopes on the site except for the grading of existing manufactured slopes which were created by the development of Carlsbad Village Drive and Wintergreen Drive as permitted pursuant to Section 21.95.090 of the Carlsbad Municipal Code for areas previously disturbed by authorized grading. Further, the identified impacts to the existing low- quality disturbed coastal sage scrub will be mitigated pursuant to agency requirements. 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project grading amounts are within the acceptable range under (8,000 cubic yards per acre), the project has been designed with building pads which step-down the hillside, the site is contour graded and includes a variety of slope directions and undulation, and slopes have been designed with landscape screening to soften the visual impacts of the grading. 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that the amount of grading is limited to that required to create streets, building pads for residential units and development amenities, and the proposed amount of grading (7,460 cu yds per acre) is within the acceptable range for a hillside lot. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- Conditions: 1. The Planning Commission does hereby APPROVE the Hillside Development Permit for project entitled Pacific View Estates, Exhibits “A’‘-“0” dated May 21, 1997, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Hillside Development Permit document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. Approval of HDP 96-03 is granted subject to the approval of CT 96-03, PUD 96-03 and SDP 96-04. 3. The conditions of approval contained in Planning Commission Resolutions No. 4099 (Mitigated Negative Declaration), 4100 (CT 96-03) 4101 (PUD 96-03), 4103 (SDP 96- 04) are hereby included herein by reference. . . . . . . . . . . . . . . . PC RESO NO. 4102 -3- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of June 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compaq Monroy, Noble, Savary and Welshons NOES: None ABSENT: Commissioner Heineman ABSTAIN: None d-----k N-9 ./’ .f ,/,” /-I-- ,$&----\.;. / ,‘/ RO&%T NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLk?k Planning Director PC RESO NO. 4102 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - h PLANNING COMMISSION RESOLUTION NO. 4103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 96-04 TO SUBDIVIDE 8.52 ACRES INTO TWENTY SIX SINGLE FAMILY LOTS THREE LOTS TO PROVIDE LEGAL ACCESS TO ADJACENT PROPERTIES AND FOUR OPEN SPACE LOTS FOR A TOTAL OF 33 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF CARLSBAD VILLAGE DRIVE AT DONNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PACIFIC VIEW ESTATES CASE NO.: SDP 96-04 WHEREAS, Pacific View LTD, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel W. Ryan, “Owner”, described as A Portion of the northwest quarter of the southwest quarter of Section 32, Township 11 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development 1 Permit as shown on Exhibits “A”-“ 0” dated May 21, 1997, on file in the Planning Department, 1 Pacific View Estates- SDP 96-04, as provided by Chapter 2182.040 of the Carlsbad Municipal / Code; and WHEREAS, the Planning Commission did, on the 21st day of May 1997, 4th of June 1997, and the 18th of June 1997, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission APPROVES Site Development Permit, SDP 96-04 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. . . . That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that as designed, the project is compatible with surrounding projects, -is similar in density to surrounding development, has been designed with building pads that step-down the hillside, is consistent with the Land Use and Housing Elements of the Carlsbad General Plan, complies with the development standards of the Planned Development Ordinance, Hillside Development Ordinance and the R-A-10,000 Zone. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed project as designed, provides reasonably-sized units, adequate parking and landscaping, and with a maximum height of 30-feet is compatible with the surrounding neighborhood. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project complies with all standards of the Planned Development Ordinance, R-A-10,000 Zone and Hillside Development Ordinance. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the twenty six single family residences and four second dwelling units will generate approximately 292 ADT to the area which can be adequately handled by the new local streets designed in the project as well as the existing surrounding circulation system. The proposed circulation system will provide adequate access to all units, adequate room for vehicular movement, two or three car garages for each unit for resident parking, and adequate on-street guest parking. Further, this project has been designed to provide secondary access to an adjacent development with inadequate secondary access, as well as public street access to two adjacent parcels with inadequate public street access. PC RESO NO. 4103 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C Planning Conditions: 1. 2. 3. ..* . . . . . . . . . . . . . . . . . . . . . . . . The Planning Commission does hereby APPROVE the Site Development Plan for the project entitled Pacific View Estates (Exhibits “A’‘-“0” dated May 21, 1997, on file in the Planning Department and incorporated by this reference), subject to the conditions herein set forth. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Site Development Plan document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. Approval of SDP 96-04 is granted subject to the approval of CT 96-03, PUD 96-03 and HDP 96-03. SDP 96-04 is subject to all conditions contained in CT 96-03, PUD 96-03 and HDP 96-03 for the Tentative Map, Planned Development Permit and Hillside Development Permit. Second Dwelling Units shall be provided on Lots 14,21,24, and 27 as indicated on Exhibit “A”, unless an alternate location is established in the Affordable Housing Agreement. PC RESO NO. 4103 -3- iQd 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on the 18th day of June 1997, by the 3 following vote, to wit: 4 AYES: Chairperson Nielsen, Commissioners Compas, Monroy, Noble, 5 Savary and Welshons 6 NOES: None 7 ABSENT: Commissioner Heineman 8 ABSTAIN: None 9 10 11 12 13 14 _ ./T~ ;*’ .-’ .+-‘L -. ‘.. -. RoBERT hairperson -’ CARLSBAD PLAN&G COMMISSION 15 16 17 18 -19 20 21 22 23 24 25 26 27 28 ATTEST: MICHAEL J. HOLmLLEk? Planning Director f PC RESO NO. 4103 -4- h ,h 'r..dCityOfCADsLSB~ PlanningDepartmeh~ EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION 6d Item No. 3 0 Application complete date: October 10, 1996 90-Day Extension Expires: July 10, 1997 P.C. AGENDA OF: June 18,1997 Project Planner: Teresa Woods Project Engineer: Ken Quon SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES - Request for approval of an Amended Mitigated Negative Declaration, Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan to subdivide 8.52 gross acres into 26 single-family lots, 3 lots to provide legal access to adjacent properties and 4 open space lots, for a total of 33 lots on the property. Four of the single-family units are proposed to include second dwelling units. The property is located on the north side of Carlsbad Village Drive at Donna Drive, in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4099 APPROVING the Mitigated Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolutions No. 4100, 4 10 1, 4102 and 4103 APPROVING CT 96-03, PUD 96-03, HDP 96-03 and SDP 96-04 based on the findings and subject to the conditions contained therein. II. ITEM EXPLANATION This item was considered by the Planning Commission at its meeting of May 21, 1997, and continued to June 4, 1997 to allow staff and the applicant time to respond to certain issues raised by the Commission, applicant and citizens. The project was further continued to June 18, 1997, to permit additional time to resolve the issues. All previously identified issues have been resolved to the satisfaction of staff. A staff response and staff recommendation, for each previously identified issue, is contained in the attached memo to the Planning Commission, dated June 18, 1997. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. Memo dated June 18, 1997 with staff response to comments and errata with recommended revisions to Resolution No. 4 100. Planning Commission Resolution No. 4099 Planning Commission Resolution No. 4100 Planning Commission Resolution No. 4 101 Planning Commission Resolution No. 4 102 Planning Commission Resolution No. 4103 Staff Report dated May 2 1, 1997. June 18, 1997 TO: PLANNING COMMISSION FROM: Planning Department RESPONSE TO COMMENTS AND ERRATA .WlTH RECOMMENDED REVISIONS AND ADDITIONS TO THE FINDINGS AND CONDITIONS OF RESOLUTION NO. 4100, CT 96-03 - PACIFIC VIEW ESTATES At the May 21, 1997 Planning Commission meeting, the following issues were raised by members of the Planning Commission, the applicant, and citizens, regarding CT 96-03/PUD 96-03/HDP 96- 03/SDP 96-04 - Pacific View Estates: 1. 2. 3. 4. 5. 6. Construction traffic through the Hillgate neighborhood. The timing of construction for the “B” Street connection to Wintergreen Drive. Noise and dust associated with grading and construction. Timing of signals at Wintergreen Drive and Hosp Way and at Carlsbad Village Drive and Donna Drive. Paving of Access Lot 10. Water Commission approval of the use of City of Carlsbad property for public street right-of- way purposes. 7. The staking of access points to the Dabbs’ property. 8. Requirement for slope rights for access to the Dabbs’ property from Lot 10. 9. Elevation of Lot 33 in relation to the Dabbs’ property. IO. Utility stub-outs to the Dabbs’ property. 11. Width of water pipeline easement. 12. Wintergreen Drive through connection to Carlsbad Village Drive. The following is a staff response and a staff recommendation for each of the above issues. 1. CONSTRUCTION TRAFFIC THROUGH THE HILLGATE NEIGHBORHOOD Staff Response: The project contains three phases, which are arranged so that construction traffic can access the site without having to travel through the existing Hillgate neighborhood. This phasing arrangement is consistent with the standard policy of the Engineering Department that requires construction traffic to use major roadways and stay out of residential streets. To ensure that this policy is met, a condition of approval requires the developer to obtain a City issued haul route permit prior to having any construction traffic enter the site. Staff Recommendation: No changes are recommended. RESPONSE TO COMMENTS C I 96-03 - PACIFIC VIEW ESTATES JUNE 18, 1997 2. TIMING OF CONSTRUCTION FOR THE “B” STREET CONNECTION TO WINTERGREEN DRIVE Staff Response: The construction of the “B” Street connection to Wintergreen Drive will occur with Phase 2 of the project. During construction, this connection will remain barricaded and inaccessible to traffic, but will be available on a limited basis for access by sales staff of Pacific View Estates. This street connection, along with “B” Street, will be opened as a public street upon occupancy of the first unit of Phase 2. Staff Recommendation: Construction of “B” Street and the connection to Wintergreen Drive is required under Condition No. 49. Modify Resolution No. 4100 by adding the following Engineering Condition: \ + The “B” Street connection to Wintergreen Drive is to remain barricaded and inaccessible to traffic until such time that “B” Street is opened as a public street. A lockable gate shall be provided at this connection point for access by Pacific View Estates sales staff. 3. NOISE AND DUST ASSOCIATED WlTH GRADING AND CONSTRUCTION Staff Response: City ordinances require the developer to provide noise and dust controls during construction, including limiting construction activity, to certain business hours and requiring water trucks and other measures to limit dust movement during grading operations. City public works inspectors are responsible for enforcing these ordinances. Staff Recommendation: No changes are recommended. 4. TIMING OF SIGNALS AT WINTERGREEN DRIVE AND HOSP WAY AND AT CARLSBAD VILLAGE DRIVE AND DONNA DRIVE Staff Response: There is no established schedule or date for installation of a traffic signal at Wintergreen Drive and Hosp Way, nor for installation of a traffic signal at Carlsbad Village Drive and Donna Drive. The traffic report submitted with this project indicates that a traffic signal is not warranted at this time at either location. The conditions of approval that address these signals, require the developer to bond for five years for one-fourth of the signal installation costs. These conditions allow for the analysis of project impacts at the intersections, and permit time to make a determination of whether warrants are met for requiring the installation of traffic signals. Conditions No. 54 and 55 of Resolution 4100 have been modified for clarification purposes. 70 RESPONSE TO COMMENTS C I zI6-03 - PACIFIC VIEW ESTATES JUNE 18,1997 Staff Recommendation: Modify Engineering Conditions No. 54 and 55 of Resolution No 4100 as follows: Condition No. 54 is amended as follows: 54. Prior to approval of final map, $ the developer shall m enter into a bond agreement with the City to pay, on demand by the City, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Wintergreen Drive and Hosp Way. This agreement shall terminate five years from the date of occupancy of the first unit in the subdivision. Condition No. 55 is amended as follows: 55. Prior to approval of final map, Tthe developer shall m enter into a bond agreement with the City to pay, on demand by the City, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Donna Drive and Carlsbad Village Drive. This agreement shall terminate five years from the date of occupancy of the first unit in the subdivision. 5. PAVING OF ACCESS LOT 10 Staff Response: The applicant’s have met with the Dabbs’, who are the property owners adjacent to the project site, and both parties have agreed that Lot 10 will not be paved at this time, as stated in the attached letter dated May 27, 1997. However, in order to avoid erosion and other similar concerns, Lot 10 will be landscaped and maintained by the Pacific View Estates Homeowners’ Association until such time as Lot IO is needed for access purposes to the Dabbs’ property. Staff Recommendation: ’ Modify Resolution No. 4100 by adding the following Planning Condition: + Prior to final map or grading permit whichever occurs first, the proposed landscape plans shall be revised to include the landscaping of Lot 10. The design of landscaping shall be to the satisfaction of the Planning Director. A landscape easement shall be placed over the entirety of Lot 10 and the project CC&Rs shall include a provision requiring the maintenance of Lot 10 until such time as Lot 10 is needed for access purposes for the adjacent property. At such time, the Homeowners’ Association shall relinquish the landscape maintenance easement. The project CC&Rs shall include a provision that fully discloses the fact that Lot 10 is intended to be paved and used as a driveway to access future development of the adjacent Dabbs’ property. RESPONSE TO COMMENTS C I 66-03 - PACIFIC VIEW ESTATES JUNE 18, 1997 PAGE 4 6. WATER BOARD APPROVAL OF THE USE OF CITY OF CARLSBAD PROPERTY FOR PUBLIC STREET RIGHT-OF-WAY PURPOSES Staff Response: In order to construct the street connection from Wintergreen Drive to Carlsbad Village Drive, while maintaining access to the Elm Reservoir facility, it is necessary that a portion of the public street improvements required of this project encroach onto two City-owned parcels. One of the affected City-owned parcels is a 9,000 square foot parcel that fronts onto Carlsbad Village Drive, and adjoins the west side of the reservoir parcel. This parcel, which was acquired by the City in 1973 for both public street purposes and to provide access to the adjacent reservoir parcel, will be improved as Donna Drive to complete the street connection between Wintergreen Drive and Carlsbad Village Drive. The Pacific View Estates project is required to construct, on this parcel, half-width standard street improvements, plus an additional 12’ of paving. The remaining improvements will be installed upon development of the adjoining undeveloped parcel to the west. The encroachment of public improvements on this parcel does not require any special considerations, since this parcel was acquired specifically for public street purposes. The other affected parcel is the 39,500 square foot site of the existing Elm reservoir facility. From this site, 5,180 square feet of the northern portion of the parcel will be utilized for ‘IS” Street improvements, and 1,122 square feet of the parcel will be utilized for a curb return at the Carlsbad Village Drive/Donna Drive intersection, for a total improved area of 6,302 square feet. The operations and usage of the reservoir facility will not be affected. Additionally, this project will provide the reservoir parcel with enhanced landscape improvements, which will be maintained in perpetuity by the Pacific View Estates Homeowners’ Association. A condition of approval requires the applicant to obtain an easement to provide such maintenance. In considering allowing encroachment of the improvements onto the reservoir parcel, and thereby changing its use, it must be demonstrated that the value of those improvements over and above standard requirements of a subdivision, meet or exceed the value of the City- owned unimproved land. For this project, these improvements include the installation and maintenance of the enhanced landscaping. The comparison of the value of these items are as follows: Landscape installation and 30-year maintenance = $55,771 .oo Unimproved land value: 6,302 sf x $1.35/sq. ft.* = $8,507.70 *The unimproved land cost of $1.35/sq. ft. is based on the applicant’s purchase price for the project site, which staff has found to be acceptable. The Water District staff has researched as to whether the Water Board is required to review and approve the request to use City of Carlsbad owned land around the Elm Reservoir for public street right-of-way. It has been determined that the change of use of the land, from reservoir to public street right-of-way, does not require Water Board review or approval. No change of ownership is required for this transaction. RESPONSE TO COMMENTS C I. 96-03 - PACIFIC VIEW ESTATES JUNE 18, 1997 A condition in Resolution No. 4100 requires the applicant to obtain a City right-of-way permit prior to beginning construction of the proposed improvements on City-owned property. A finding has been added to Resolution No. 4100 to acknowledge consistency with the General Plan for the change of use of the City owned property from reservoir to public street. Staff Recommendation: Modify Resolution No. 4100 by adding the following finding: 31. The change of use of City of Carlsbad owned property from reservoir to public street is consistent with the Carlsbad General Plan in that as provided for in the Circulation Element of the General Plan, the public roads (Donna Drive and “B” Street) have been designed to maintain City standards for the design and construction of roads by providing secondary access to the Hillgate Estates neighborhood which does not currently have secondary access to meet City standards, and consistent with the Circulation Element of the General Plan, the project is a joint public/private effort to improve circulation in a developed area. Modify Resolution No. 4100 by adding the following Engineering Condition: + Prior to final map approval, the applicant shall obtain an easement from the City for landscape maintenance purposes on the reservoir parcel. 7. THE STAKING OF ACCESS LOCATIONS TO THE DABBS PROPERTY Staff Response: The applicants and the Dabbs’ have agreed to the locations for access Lot 32 and access Lot 10, as revised pursuant to the attached letter dated May 27, 1997. The redesign of Lot IO results in a larger lot which provides the Dabbs’ with more flexibility in locating a driveway if they choose to further develop their property. This modification has been reviewed and is acceptable to staff. Staking of the lot locations is not required. In addition, a condition has been added to modify the configuration of access Lot 11 to ensure that the adjacent property owner only has to maintain their new driveway and not the landscaped slopes. The landscaped slopes will be maintained by the Pacific View Estates Homeowners’ Association as open space Lot 12. Staff Recommendation: Modify Resolution No. 4100 by adding the following Planning Condition: + The applicant shall modify the configuration of access Lots IO and 11 per the revised site plan Exhibit X, attached hereto. The modification of Lots IO and 11 shall be reflected on the conforming mylar required as a condition of project approval. RESPONSE TO COMMENTS C I 96-03 - PACIFIC VIEW ESTATES JUNE 18,1997 PAGE 6 8. REQUIREMENT FOR SLOPE RIGHTS FOR ACCESS TO THE DABBS’ PROPERTY FROM LOT 10 Staff Response: Slopes from Pacific View Estates will not encroach onto the Dabbs’ property. Therefore, slope rights are not required. Staff Recommendation: No changes are recommended. 9. ELEVATION OF LOT 33 IN RELATION TO THE DABBS’ PROPERTY Staff Response: The proposed elevation of the pad on Lot 33 is at 280 which is 3 feet above the Dabbs’ property (pool location), which is located at approximately elevation 277. There is an existing knoll on Lot 35 which is located at elevation 288, therefore, as designed, the highest portion of Lot 33 will be lowered 8 feet from existing grade. At the pool location on the Dabbs’ property, Lot 33 has a 2:l slope which is approximately 4 feet in height. With a 6 foot high privacy fence on top of the slope, Lot 33 will be screened from the Dabbs property by an approximately 10 foot high barrier, which will obscure the Dabbs property from the yard and first floor of the proposed residence on Lot 33. Further, the unit proposed on Lot 33 is a Plan 3 unit, which is a two-story 30-foot high structure. The Plan 3 unit has been designed with clerestory and obscuring glass windows on the second floor adjacent to the Dabbs’ property. Therefore, the proposed development on Lot 33 has been designed to minimize the loss of privacy to the Dabbs family. The applicant has met with the Dabbs’ and pursuant to the letter dated May 27, 1997, attached, Mr. Dabbs has agreed to the proposed Lot 33 pad elevation at 280. Staff Recommendation: No changes are recommended. IO. UTILITY STUB-OUTS TO THE DABBS PROPERTY Staff Rewonse: The applicants have met with the Dabbs’ and both parties have agreed that the applicant will provide water and sewer stub-outs to the property lines of access Lots 10 and 32, and that the Dabbs’ will bear the cost of extending the utility lines onto their property. This is a private agreement between the applicant and the Dabbs’, as evidenced in the attached letter dated May 27, 1997. RESPONSE TO COMMENTS C-I 96-03 - PACIFIC VIEW ESTATES JUNE 18,1997 Staff Recommendation: Modify the Engineering Conditions of Resolution No. 4100 by adding the following condition: + The applicant shall work in conjunction with the adjacent property owner to facilitate the installation of gas, electricity, and cable television stubs to Lot IO and Lot 32. The applicant is not responsible for costs associated with providing these utilities. All associated costs for labor, materials, connection charges, and agency fees and deposits shall be borne by the adjacent property owner. Modify Engineering Condition No. 49 of Resolution No. 4100 as follows: 49. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer 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: Phase 1 1. Full width street improvements of “A” Street. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Water and sewer utility stubs to Lot 10. Phase 2 1. Full width street improvements of “B” Street- and Wintergreen Drive within the Phase 2 boundaries. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. A 24’ wide paved :travel way on “6” Street and Donna Drive from the Phase 2 boundary to its intersection with Carlsbad Village Drive. This travel way is, for emergency access purposes and shall be designed to the satisfaction of the City Engineer. Phase 3 7. Full width street improvements of ‘B” Street within the Phase 3 boundaries. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Half-width street improvements plus 12’ of additional paving on Donna Drive. Improvements shall include, but are not limited to, cunb, gutter, sidewalk, asphalt paving, and street lighting. 3. Water and sewer utility stubs to Lot 32. 4. Removal and replacement of fencing, landscaping and access to the water tank mverty. RESPONSE TO COMMENTS C I 66-03 - PACIFIC VIEW ESTATES JUNE 18,1997 A list of the above improvements 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. 11. WIDTH OF WATER PIPELINE EASEMENT Staff Response: The applicant has requested that Condition No. 65 of Resolution 4100 be modified so that the width of the pipeline easement is between 15 to 20 feet, as opposed to the Water District recommended 20-foot wide easement. The Water District has reviewed the request for a reduced easement width and has-agreed to this modification, with the location and exact size of the easement to be reviewed and approved by the District Engineer. Staff Recommendation: Modify Water District Condition No. 65, of Resolution 4100 to read as follows: 66. Prior to approval of the final map or issuance of grading permit, whichever occurs first, the Developer appkan# shall consult with the Water District regarding the relocation of the existing water pipeline easement on the property. p+evMed #The BDeveloper shell relocates the water pipeline within a 75 to 20- foot wide easement, at a location to be reviewed and approved by the District Engineer prior to final map or grading permit, whichever occurs first. In return, the Wafer District will quitclaim the existing water pipeline easement. The exact size and location of fhe proposed easement shown on the tentative tract map P . . m is preliminary tentatk, and may be modified &eeabMe Let-& 12. WINTERGREEN DRIVE THROUGH CONNECTION TO CARLSBAD VILLAGE DRIVE Staff Response: Property owners within the Hillgate Estates development submitted a letter and petition, dated June 3, 1997 (attached), requesting that Wintergreen Drive not be connected to the Pacific View Estates project, and subsequently, to Carlsbad Village Drive. During development of both the Hillgate project and Pacific View Estates, staff made provisions for this street connection in the interest of providing convenient access between neighborhoods, avoiding circuitous travel, and providing alternative access points in the event of an emergency. The approved tentative map exhibits for the Hillgate development note that the current terminus of Wintergreen Drive is to be extended in the future. Additionally, the approved final map for the Hillgate development includes specific dedications and reservations for this street extension. RESPONSE TO COMMENTS C’I 66-03 - PACIFIC VIEW ESTATES JUNE 18,1997 PAGE 9 Staff Recommendation: Maintain the “B” StreetIWintergreen Drive street connection as part of the Pacific View Estates project. 13. MISCELLANEOUS ENGINEERING ERRATA CHANGES TO PLANNING COMMISSION RESOLUTION NO. 4100 Condition No. 50 is replaced with the following: Prior to final map approval the developer shall enter into an agreement to transfer the ownership of Lots 70, 97, and 32, to the adjacent off-site properties. Condition No. 51 is amended as follows: . . Prior to - ’ approval of final map, the developer shall demonstrate to the satisfaction of the City Engineer that all existing private access easements over the project site have been quitclaimed or otherwise extinguished. Condition No. 53 is amended as follows: The developer shall obtain a City right-of-way permit prior to beginning construction of street improvements. irrr Condition No. 56 is replaced with the following: Prior to final map approval the developer shall acquire City-owned property shown within the right-of-way for Street B. Condition Number 57 is deleted. 73 4 \\\ e \ \ / : \ \ \ \ \ ‘EXHIBIT ‘LOT 16 OPEN SPACE EXHWT “X” I- --* a-nbr ACCESS 1 ” ‘40-r 10 \ L. SPACE T9 lW 266.5 fS 266.0 - me City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION Item No. 1 0 Application complete date: October 10, 1996 90-Day Extension Expires: July 10, 1997 P.C. AGENDA OF: June 4,1997 Project Planner: Teresa Woods Project Engineer: Ken Quon SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES - Request for approval of an Amended Mitigated Negative Declaration, Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan to subdivide 8.52 gross acres into 26 single-family’ lots, 3 lots to provide legal access to adjacent properties and 4 open space lots, for a total of 33 lots on the property. Four of the single-family units are proposed to include second dwelling units. The property is located on the north side of Carlsbad Village Drive at Donna Drive, in Local Facilities Management Zone 1. I. RECOMMENDATION Staff is requesting a CONTINUANCE of this item for two weeks, to the June 18, 1997, Planning Commission ‘Meeting, in order to workout details on issues raised at the Planning Commission hearing of May 2 1, 1997. Plsnnify LIlgawnflg Propet Managemen!nt May 27,1997 34142 UltfMi~uC STREET - CAWLSEUL), CUOMIA Y2w8 TELEPHONE (76u) 729-W~ - FAX (76W 7294282 Ms. Teresa Woods Carlsbad Community Development, Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-j 176 ~ -.. ? _._- . r - - & .,.. * .~ ‘, . .a.., Re: PACIFIC VIEW ESTATES-Donna Street & Carlsbad Village Drive-Tentative Map No. CT r)h-Ol Dear l.eti : , This letter is tit-ten to report to you the resolution of issues addressed by Mr. Ken Dabbs at the Planning Commission hearing held May 31, 1997. The result of meetings and discussions held on hlq, 23, 1997 are as foliows: Lots 10 and 32; Locations have been viewed and accepted, however the northerly line of lot 10 shall be ac!justed to facilitate Dabbs’ future home-site. Exhibit attached. Lot 10: Will not be paved, however&e Pacific View HOA will carry a landscape maintenance easement over this lot until such time the access lot is utilizcd. ‘. Lot 33: Elevation of 280.00 is accepted as designed. The issue of privacy has been cleared up with the understandin; that the Avindows over looking the Dobbs’ proper@ arc not readily accessible or xe of obscure gla5s. Utihty Stubsl Wei i; Developer agrees to install sewer and water service stubs to the proposed street right of ways at access lots 10 and 32. Developer aFees to bear the cost of labor and materials for the installation. It is undtirstood Dabbs will pay all agency kcs, charges and dqosits. It is also understood that Dabbs will bear all expenses for the extension of these services beyond the R.O. W. onto the property. Utility Stubs(Dry j; Developer agrees to assist in facilitating the installation of gas, electric, telephone and cable service stubs to the proposed street ri_ght of ways at access lots IO and 32. It is understood that all costs rclatod IO the installation of those scrviccs shail bc born by the Dobbs’ property and will inch& but not bc Ii&ted to labor, materials, connection charges and agency fees and deposits. Fees, charges and deposits for these services shall be paid by Dobbs when required. Oxfam JUNO 41937 June 3, 1997 c;‘Iy OF CARk=AD To: "Bud" Lewis, Mayor and City Council Members,#&mmGDEEm From: Nick Giovinazzo, President, Hillgate Estates Honorable Mayor and Council: I am certain that all of you would agree that everyone in a free society is entitled to live with a certain modicum of safety and tranquility. We choose our homes and neighborhoods usually based upon these premises. For some it may take a lifetime. As parents of five and grandparents of a growing brood, we could no longer remain in a two bedroom condo in Solana Beach which we purchased in 1976. We expect to bond and form lasting and influential relationships with our grandchildren. So in 1993 we found a four bedroom home in a quiet and tranquil eucalyptus grove on a dead end street in Carlsbad, the find of a life time for sure. We discovered people of like values. We entertain and enjoy our (now 17) grand children during vacations and holidays with confidence from a street and neighborhood not impacted by through traffic. I became President of the Homeowners Association. My wife heads a social committee in which the entire neighborhood including children enjoy two wonderful functions a year. One is the Fourth of July Picnic on our own picnic grounds. The other is the Open House Holiday parties in which we respect varied religious beliefs and enjoy the holiday foods of many ethnic backgrounds as we walk from home to home, Recently we received final word of a development immediately south and west of our association. The Planning Commission and, we assume, the City Council reduced the original 42 homes proposal to 26 and added many green belt and recreational areas to the plan which is certainly consistent with our neighborhood of 32 homes.We welcome the attitude of the City Council and Commission who were obviously concerned with density. However, as a group we are petitioning the City Council and Commission for one concession. Hosp Way is the entrance/exit to El Camino Real and Monroe Street for the 300t Camino Pointe Village and Sea Crest Apartments, 125 unit Hosp Woods Association and our own 32 unit Hillgate Estates Association. Then there are the 26 new houses at Pacific View. If Wintergreen Drive goes through to Carlsbad Village Drive, many of the cars from these complexes are quite likely to take the short cut through our neighborhood to Carlsbad Village Drive or the other way home. Sooner or later we are going to have a bad accident and I can only pray none of us or our children who now can play on our sidewalks are involved. Ladies and gentlemen of decision-making, please think of the 26 new home owners for Pacific View and the expectations by those persons of a tranquil neighborhood with executive homes ranging from 300 to 400 thousand dollars! Think of the existing 32 members of Hillgate Estates, most who purchased here six years ago and homeowners who have NEVER seen over 20 cars traveling to and from work, the mailman once a day, Fed Ex or UPS on occasion and trash trucks once a week! We, like everyone else, deserve the right to keep our neighborhood safe and not increase the noise level already impacting our neighborhood from apartments below. True we do not have major problems with those apartments especially since new ownership has occurred:,They have trimmed trees, painted and landscaped and have effectively controlled much of the irritating noise which has occurred in the past. We applaud their efforts. But they cannot control driving habits or attitudes of their renters. Hosp Way is a dangerous speedway and certainly needs a Stop Sign at Wintergreen and Grove. But the consequences of a Stop Sign there will give drivers the advantage of making a turn onto 'Wintergreen, if it is a through street, and creating chaos inr a beautiful, safe and tranquil neighborhood. Please do not add to the Hosp Way problem by creating another Hosp Way! Keep Wintergreen a dead end and convince Pacific View, the developer to our South that a cul-de-sac is the best possible answer on their side of Wintergreen. We would never object to foot traffic for children going to school. We welcome that possibility. Two to three hundred cars a day would absolutely devastate our way of life as well as destroy our property values. Thanks you for your consideration. We welcome the opportunity to meet with you at any time for discussion, Sincerely, -7Gthh Nick Giovinazzo, President, Hillgate Estates 2948 Wintergreen Dr. Carlsbad Phone 434-1214 Nick Giovinazzo, a UCLA graduate, competed in both football and track. He taught and coached for 35 years. His last 22 years was at Los Angeles Valley College as a full Professor and member of the academic senate. He served as chairperson for Health, Physical Education, Recreation and Athletics for eight years. Upon retirement he became a four time president of Seascape Sur Management Corporation and a two time president of Hillgate Estates. He served four years on the Parks and Recreation Commission of Solana Beach, two of those years as chairperson. - Consultrntr -----e _. Ma). 27, 1997 Ps:e 2 If you should have any questions or if I can be of further assistance to you, please do not hewate to call Sincerely, RDG CONSULTANTS Ronald D. Grunow, P.E. Reviewed, BEb;nowle&& & Gcepted. Kenneth K. Dabbs Pacific View pates khru\ Don Jack, %Z$ng Member x El. i 1 1 f---------y T \ I /j 0 1, yy==j o” _ --- 4 w KJ w g 0 ]!a -c ffv,yi \ #t-l m- .2 . \. .- Carlsbad Planning Commission C/O Michael Hoizmiller - Planning Director 2075 La Pahnas Drive Carlsbad, California 92009 To The City Planners, May 19,1997 This petition is sent to you in the interest of the residents of Hillgate Estates, located offtiHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and trafKc is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through tfic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetIWintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. ----_-_----_--_--_---------- _-------_-_----I------------------------ m--s------ ----s---m --_---u-----__--u_--_____uIII_________ --------------_--_-I_________ -a--- --_-------------I-__u______________ ---------suI_ -u-u_--e---- u-------U---------------------------- Carlsbad Planning Commission C/O Michael Holzmiller - Planning Lhxtor 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located off flHosp Drive in Carlsbad and involving the streets of Wrntergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and tra& is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetANntergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. ADDRESS t\ -k 4 ------__----__---_--______I___ --Iu_-___-_------__------------------------- ------__------_-_---_____I____ ---------_--------------------------- ------Y---I--_------------- ---_--_----------_------ ---s---m----m-w- -_-------_-_--__-_____I___ --_--_-__---__------____________I_______- --~~~~-u~ F-------u--s-B ___-___--_---_----______________uI_____ -------_---------___I______ --_-I--_--------------------------- ---------------I__________ --~--------~-~---~u --m--s ------------------------- m--u-- --------------s ---w-------- ---------------_----_I_____ ------u-----I_-_------ ------- Carlsbad Planning Commission C/O Michael Holzmikr _ Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19.1997 To The City Planners, T&s p&ion is sent to you in the interest of the residents Of Hillgate Estates, iocatuj off@Hosp Drive in Chbad and involving the streets ofwiatergrten and Doreet. At this time this is a quiet ncighborhood where children CM safely play and fide their bikes and traffic is restricted to the residents of this development. we have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fict disrupt this development with the through traffic. Wewish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DorWintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by fkr outweighs any theor&& dewhent as to fire depaxtment access. ADDRESS -6m8 0-O-0-0-------..uI C%,-& .._ - Carlsbad Planning Commission C/O Michael Hokmikr Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, I997 To The City Planners, Thig petition is sent to you in the interest of the residents of Hi&ate Estates, located ogsRlosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where! children can safely pIay and ride their bikes and tic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disiupt this development with the through trtic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn wound space on DoreetMintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by ti outweighs any theoretical detriment as to fire department access. NAME ADDRESS C&bad Planning cp”“‘gOn C/O Michael Hold@ - pbmillg Direct01 2075 La Pdms DI’iVe C&bad, California 92009 May 19,1997 TO The City P\aI’mm locatcdoff~.HospDriveinCarlsbad ~dinvolti~~the SV~~OfWifitergreen @id Tgs pefrtion is mt to you in w *mwtit of the residents of HiUgate Estates~ . ~~~~ it this tie this is a q&t neighborhood where Ckkhn Cm Skfel’ PlaY and nde their b&es ami t&c is restricted to the reshknts of this dWeklpment. We have been informed that there is intcation of opening up Wintergreen Drive to Cadsbad vda!e Drive This would in f%zt disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represe$s a ctmnge~ for the WOrsC to OUT neighborhoc& we hope you s&ously consider t& petluon, There 1s &equate tUm wound @ce on DofeetMTtntergt~ for my fire equipment. The benefit to the neighborhood of keeping this street a a &de-sac by far outweighs any theoretical detriment as to fire department wasa Carl&ad Planning Commission C/O Michael Hoizmiher _ Phinning Director 2075 La Paknas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, this petition is sent to you in the interest of the residents of Hillgate Estates, located off afHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where &ii&en COUI safely play ad ride their bikes and traf& is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safely and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Dore&Wintergreen for any fire equipmem. The benefit to the m&hborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. - ,- Cadsbad Planning Commission C/O Michael Holzmilier Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located off&Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and trafEc is restricted to the residents of this development. WC have been informed that there is intention of opening up Wintergreen Drive to Car!sbad Village Drive. This would in fact disrupt this development with the through traffic. We tish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider thii petition. There is adequate turn around space on DoreetNintergreen for any fire equipment. The ~&&it to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical 4 detriment as to fire department access. NAME ADDRESS .-~ti~~~~rn~~tie~~k ,,2L!#ad~J== w diits?M*~ ---e--------m -- I_ &rzq c ----------em-w--w-- -------e ----------uII----------------uIIII---~...--- ----------__-__ U--;--~--,----,-,----- ~ f -- ---LhL~~~&~- ’ P A -----------------_______uII---------_------------- f( -----------w-w -m-----------W- ----w-l------------_______L------------------------------ Carl&ad Planning Commission C/O Michael Holzmilk - Planning Director 2075 La Palmas Drive Carisbad, California 92009 May 19,1997 To The City Planners, ‘This petition is sent to you in the interest of the residents ofm@te Estates, located off #Hasp Drive in C&bad and hvobing the streets of wintc%- and Domet. At this time this is a quiet neighborhood where children can safeb play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through trafk. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you serioudy consider this petition. There is adequate turn around space on DoreetiWintergreen for any fire equipment. The benefit to the nckh~rhood of keeping this street as a cul-de-sac by t!u outweighs any theoretical dckmt as to tic department LLCCWS. -+$y..&-: a%& *--tiz ---------u------.-----------------.---*-----.-- L E L//z, -------------‘LI------------ . a-h--- M$!iRFg ----w-w------- ----------------------------- .- Carlsbad Planning Commission C/O Michael Holzmiller . Planning Diiector 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located offflHosp Drive in Carlsbad and involving the streets of Winteqwn and Doret. At this time this is a quiet neighborhood where children can saft!y play and ride their bikes and traf?ic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Wage Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetMintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a’cul-de-sac by far outweighs any theoretical detriment as to fire department BCC~SS. ADDRESS --------.-----_-_--___ ------- -w---a ------HI-u---uII_____u--------------.---- ------------- ------w--------w --------w------u----_ --------------------------- ----W----W- ----------------- _----_--___________________ ------u--------_---------- ---------- -----------m-- ---e-w- -------u------ ------------...--uI ----w-w -------------_l-m-___ -------W---W -------------____________ ----W---m ----I------_ -----s- - Carl&ad Planning Commission C/O Michael Holzmilier Planning Director 2075 La Pahnas Drive Carl&ad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hiiate Emm i~ted offfiHosp Drive in Ct~hbed and involving the streets of Wintergreen and Dorect. At this time this is a quiet neighborhood where children can saftly play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in Fact distipt this development with the through traffic. We wish to stop this unnecessay change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetNiitergreen for any tire equipment. The be&t to the neighborhood of keeping this street as a cul-de-sac by &r outweighs any theoretical detriment as to fire department access. Nz9&L dfy- -0-0-0-0-0--.....--y. ----------- # dmfk d” I( Fp r3 izEZ&#e.&: .---.--.- Y lr -0---0-o....------- -O-------- ------~-----------..---..- -.....--I----- z0- Lhw$~~GW -------0-0---00..,,, c’ psL ---I----- ------- b\ .-------..---U----~~ Cl --uII--------------..-.... -----------.-.---..--.~~ --- ----.---“--------........~ -0---0.-0..D.------..- -------L-----_- ------------ -------------.-.......-.... -----------.-----.. - Carlsbad Planning Commission C/O Michael Holzmiiler * Planning Director 2075 La Pahnas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located off #Hasp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through tic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetAViitergreen for any fire equipment: The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS .,c~ ---- &kzifL-- ,a,s~~,,-~--~~-~~--~-~ 9-2 --~d-k&--~~*~--, ” ’ h h 4 -_--_-____-_____--_-________________I___---- w , ------ - ; It I’ If ___----____------I-_--------------- Pt-mp a-m& \t 1% it 4 --s--------- -I---B-------- -_----_-u_-_-----______I_____uII______-------- + -m-s a?& 3-w - a--~Cseo ChqaRa - ----_-------___---__I___ w-BssB ---I_-_-_---_--_----_ mmB---B----m -k rJTH?wA~ !Jw- \\ \\ ‘*\ \n --- ---~-~-~~-~~-u-~~~- _----_-I--u-------------- --w-u-- .-d&.-Us&l-- a930 c344.r~~~ or CWlJb2L c44aw~ -e-e- -------v---s--- -------~--------------- Carlsbad Planning Commission C/O Michael Holzmiller * Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located offdHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and trafEc is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traBic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetWintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by fbr outweighs any theoretical detriment as to fire department access. NAME % ADDRESS &L L bLw.4.g~ vvfg L4~~‘~s?fzr*ecL JL --------_---_----__------- ---_------_----I----_ -----s--a-- d-m 5 MN r&&i?&> ’ ( 1 1 --------------_--_--_______I_ -------------_-__-__---------------------------- - Carlsbad Planning Commission C/O Michael Wolzmiller _ Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of HiUgate Estates, located off NHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Viage Drive. This would in fact disrupt this devebpment with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents u change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetMTintergreen for any fire equipment. The benefit to the tighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS L jc!jbabd w ------- 8 ra”wm -w - m-m m m ir-u--rr --------L------w -- w---e u--.-m -----~-L------I-----------. --w--m U--------II--MI----HIIIIII---UNI---------------- -----------u-u------------ u----- ---------------------__-_----- -------.-W--N ----------*----------- ------------VI- ----o.ow----.-----Imw ----------------------------- -------u--- -------------uI--u----------------- Carlsbad Pianning Commission C/O Michael Holzmiller - Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Killgate Estates, located off@fHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safeiy play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in f&t disrupt this development with the through trtic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetNmtergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS --------_-----_-__--___I____ -------_------------___I____________uI__--- --------_--------u__----- m-w--- ---u----c-------------- v-----w-- Carlsbad Planning Commission C/O Michael Holzmiller Planning Director , 2075 La Paknas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hihgate Estates, Iocated off$Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traf& is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through trafk. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neigbborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetIWintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by ti outweighs any theoretical detriment as to fire department a-. NAME ADDRESS *s -w-wmw ---m---w-m m-w---- -w----y------ < zstr wt*=6- w- w- h Lc3lku,~w2~~-~ w-a--- ---u-------Jm---- GfkL~l5p5-o, Q% ‘4=Jo0 --.----------------------------- (!4u&hd, &I 9zoo8 )m ------..w-w- ----------------------------- ----------------L--------------------------- --u--W------- ----------mm -----------------WI-----.---__ ----m-s----- --------ms ---------------uI--_-_ ----------N------------------ ---.-----u-l------------- - ----v--w ------------------------------------. o-m-~-------_----------- -----I--u-N.. ww.-----~---------~~ --m-.--w------ June 18, 1997 TO: PLANNING COMMISSION FROM: Planning Department ERRATA # 2 WITH RECOMMENDED REVISIONS AND ADDITIONS TO THE FINDINGS AND CONDITIONS OF RESOLUTION NO. 4100, CT 96-03 - PACIFIC VIEW ESTATES 1. THE USE OF SECOND DWELLING UNITS TO SATISFY INCLUSIONARY HOUSING REQUIREMENTS Staff Discussion: ! . It has been determined that the use of Second Dwelling Units (SDUs) to satisfy a projects’ inclusionary housing requirements, under Chapter 21.85 (Inclusionary Housing Ordinance) of the Carlsbad Municipal Code (CMC), is an alternative means for a project to satisfy their affordable housing requirement under Section 21.85.040(b) of the CMC. As an alternative method of satisfying the projects’ inclusionary housing requirement, the Planning Commission must make a specific finding that the proposed alternative is acceptable. The following finding is suggested to be added to Resolution 4100 to satisfy this requirement. Staff Recommendation: Staff recommends that the following additional changes be made to Planning Commission Resolution No. 4100, CT 96-03 for Pacific View Estates. 1. Modify Resolution No. 4100 by the addition of the following Finding. + That the use of Second Dwelling Units to satisfy the inclusionary housing requirement for this project is an acceptable alternative for providing affordable housing in that: the proposed project is a small in-fill project in which using other means of satisfying the inclusionary housing requirements of Chapter 21.85 would be almost impossible; and, the proposed Second Dwelling Units comply with the recommended Housing Commission policy for the use of Second Dwelling Units including the unit size being greater than 400 square feet, the unit design containing one bedroom, and no direct access provided to the SDU from the main house. June 18, 1997 TO: PLANNING COMMISSION FROM: Planning Department ERRATA # 3 WITH A RECOMMENDED ADDITION TO THE CONDITIONS OF RESOLUTION NO. 4100, CT 96-03 - PACIFIC VIEW ESTATES 1. HOUSING COMMISSION REVIEW OF THE AFFORDABLE HOUSING COMPONENT OF ALL PROJECTS Staff Discussion: It has been determined that all projects, regardless of size, which include an affordable housing component, must be reviewed and acted upon by the Housing Commission prior to Planning Commission consideration of the project. This determination comes in response to Council direction on April 8, 1997. The determination regarding the Housing Commissions role, in the review of projects with an affordable housing component, has just been made and agreed to by City staff. The Pacific View Estates project was reviewed by staff for compliance with the new Housing Commission Second Dwelling Unit Guidelines, and was determined to be in compliance with the recommended standards, including the unit size being greater than 400 square feet, the unit being designed as a one bedroom unit with no direct access to the main unit, and the project has been conditioned to obtain approval of an affordable housing agreement (see attached guidelines). However, the project was not reviewed by the Housing Commission as the previous procedures did not require that projects of less than 50 units be reviewed by the Housing Commission. The Pacific View Estates project was previously heard by the Planning Commission on May 21, 1997, and was ultimately continued to June 18, 1997. The project is subject to a.processing time deadline under the Streamlining Act which requires that action must be taken on the project by July 10, 1997. As such, it has been determined that this project should continue forward for Planning Commission consideration and action. A new condition will be added to this project requiring the applicant to apply for and obtain a finding from the Housing Commission that the proposed second dwelling units are consistent with the Housing Commission adopted Guidelines on Development of Second Dwelling Units. The proposed process for the Pacific View Estates project is not intended to set a precedent for the future processing of projects with an affordable housing component. It is acknowledged by staff that only this project will be processed in this manner, due to the timing of the determination on the Housing Commissions role, and the potential Streamlining Act processing conflicts posed by further delays on this project. Staff Recommendation: Staff recommends that the following additional changes be made to Planning Commission Resolution No. 4100, CT 96-03 for Pacific View Estates. 1. Modify Resolution No. 4100 by the addition of the following Condition, - ERRATA #3 CT 96-03 - PACIFIC -,iW ESTATES JUNE 18, 1997 PAGE 2 + The Developer shall apply for and obtain a finding from the Housing Commission that the affordable housing aspect of the project is consistent with the Housing Commission Guidelines on Second Dwelling Units, approved May 8, 1997. - ‘me City of CARLSDAD Planning Departmtm A REPORT TO THE PLANNING COMMISSION Item No. 5 0 Application complete date: October 10, 1996 90-Day Extension Expires: July 10, 1997 P.C. AGENDA OF: May 21,1997 Project Planner: Teresa Woods Project Engineer: Ken Quon SUBJECT: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES - Request for approval of an Amended Mitigated Negative Declaration, Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan to subdivide 8.52 gross acres into 26 single-family lots, 3 lots to provide legal access to adjacent properties and 4 open space lots, for a total of 33 lots on the property. Four of the single-family units are proposed to include second dwelling units. The property is located on the north side of Carlsbad Village Drive at Donna Drive, in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4099 APPROVING the amended Mitigated Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolutions No. 4 100, 4 10 1,4 102 and 4 103 APPROVING CT 96-03, PUD 96-03, HDP 96-03 and SDP 96-04 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is proposing to construct 26 single-family residences, four with second dwelling units, on the north- side of Carlsbad Village Drive at Donna Drive. The site is zoned R-A-10,000 and has a General Plan designation of Residential Low-Medium (RLM). The applicant is requesting to exceed the Growth Management Control Point of 3.2 du/acre (while remaining within the density range of O-4 du/acre) as provided for in Section 21.90.045 of the Carlsbad Municipal Code. All findings required pursuant to Section 21.90.045 can be made. The proposed project complies with the Planned Development Ordinance, Small Lot Architectural Guidelines, Hillside Development Ordinance and all other policies and ordinances applicable to the project. III. PROJECT DESCRIPTION AND BACKGROUND The proposed project contains 26 single-family homes, four of which have second dwelling units. The proposed second dwelling units are 421 square feet in size with one bedroom, and are located on the ground floor of the homes. In addition to the 26 residential lots, the project contains three lots to provide legal access to adjacent properties to the north and four open space lots, for a total of 33 lots on the site. Topographically, the site consists of hilly terrain containing CT 96-03/PUD 96-03/HDP 9cd3/SDP 96-04 - PACIFIC VIEW ESTATE3 h4AY 21,1997 a hilltop which generally falls away on all sides. The site is zoned R-A-l 0,000 and has a General Plan designation of RLM. The property totals 8.52 gross acres, is presently undeveloped, and has been previously disturbed. The majority of the project site contains disturbed habitat (4.37 acres). Low quality coastal sage scrub (1.95 acres) exists within the central portion of the site, and approximately 2.2 acres of the site is occupied by southern mixed chaparral. The project as conditioned, would be required to mitigate for impacts to the coastal sage scrub. The project site is located on the north side of Carlsbad Village Drive at Donna Drive. The General Plan designations vary in the surrounding area and include Residential Medium High (RMH), Residential Medium (RM) and Residential Low-Medium (RLM), (see Exhibit “X”, attached, for the exact location of the various General Plan Designations). The zoning in the surrounding area also varies greatly, and includes P-C, RDM-Q-7,000, R-1-10,000, and R-A- 10,000, (see Exhibit “Y” attached, for the exact location of these zoning designations). There are three parcels located north of this site which range in size from .78 - 1 acre in size, and which contain one single-family home each. These lots could be further subdivided in the future. Two of these parcels have RM General Plan designations and are zoned RDM-Q-7,000 and one parcel is designated RLM in the Carlsbad General Plan and has R-A-10,000 zoning (see Exhibits “X” and “Y”, attached). A City reservoir (Elm Reservoir) is located on the Southern boundary of the property near the center of the site. A portion of the reservoir site will be used for Donna Drive and “B” Street right-of-way. The reservoir property will be improved with curb, gutter, sidewalk, landscaping and new fencing. The applicant is requesting to exceed the Growth Management density control point of 3.2 du/acre on the site (while remaining within the density range of O-4 du/acre). Section 21.90.045 of the Carlsbad Municipal Code provides that residential developments shall not be approved which exceed the density control point unless specific findings can be made. As discussed below in Section E, Growth Management, all findings required pursuant to Section 21.90.045 can be made. The proposed 26 residential lots range in size from 7,006 to 14,963 square feet. The units will be two-stories, 30-feet in height, and range in size from 2,235 to 3,045 square feet. Four of the units contain 421 square foot, one-bedroom, second dwelling units, to be located on the ground floor. The project features California contemporary architecture consisting of tile roofs with varying roof lines, decorative shutters, flagstone accents, used brick accents and stucco exteriors. The proposed project is subject to the following regulations: A. Carlsbad General Plan (Residential Low-Medium) O-4 du/ac with a Growth Control Point of 3.2 du/ac; B. C. Residential Agricultural (R-A-10,000) Zoning (Chapter 21.16 of the Carlsbad Municipal Code), Planned Development Ordinance (Chapter 21.45 of the Carlsbad Municipal Code) and Small Lot Architectural Guidelines; Hillside Development Ordinance (Chapter 2 1.95 of the Carlsbad Municipal Code); D. Inclusionary Housing Ordinance (Chapter 21.85 of the Carlsbad Municipal Code); and /LA CT 96-03/PUD 96-03/HDP 9d3/SDP 96-04 - PACIFIC VIEW ESTATLs MAY 21, 1997 E. Growth Management Ordinance Section 21.90.045 and compliance with Local Facilities Management Zone 1. IV. ANALYSIS Staffs recommendation of approval for this project is based upon the following analysis of the project’s consistency with the applicable policies, standards and zoning listed above. A. GENERAL PLAN LAND USE ELEMENT The property has a Residential Low Medium (RLM) General Plan Designation. The RLM designation allows the development of single-family homes in the density range from 0 to 4 dwelling units per acre, with a 3.2 du/acre growth management control point. The project consists of 26 single-family homes and 4 second dwelling units for a total of 30 units on the project site. At 30 units, the project has a density of 3.97 du/acre (30 units17.56 net acres = 3.97 du/ac), which is within the density range of the RLM General Plan designation, but which is above the Growth Management density control point of 3.2 du/acre. Under the existing R-A- 10,000 zoning, four dwelling units per acre could be achieved. As provided for in the General Plan, a project can exceed the growth control point if the zoning is consistent with the General Plan, including the land use designation, and no more than a maximum of twenty five (25) percent additional units are proposed in excess of the growth control point. This provision would allow a maximum of 30 units on the site. Since the applicant is proposing 30 units, and the R-A- 10,000 zoning is consistent with the RLM General Plan designation, this project is in compliance with the Land Use Element of the General Plan. Further, the project is compatible with surrounding uses including the reservoir, multiple family apartments, small lot single family units and standard lot (7,500+ square feet) single family units. Issues related to the proposed density exceeding the Growth Management control point are addressed below in Section E, Growth Management. HOUSING ELEMENT Program 3.6b of the Housing Element requires that fifteen percent (15%) of all approved units shall be made affordable to lower income households. The inclusionary housing requirement for this project is 4.5 units and is further discussed in Section D, below. To satisfy their inclusionary housing requirement, the applicant proposes to construct 4 second dwelling units and to pay a fee equal to .5 of a credit times the average subsidy to make a unit affordable as permitted pursuant to Section 21.85.040(c) of the Carlsbad Municipal Code. As designed and conditioned, the project is consistent with the Housing Element of the General Plan. CT 96-03/PUD 96-03/HDP 9td3/SDP 96-04 - PACIFIC VIEW ESTATE5 MAY 21, 1997 B. PLANNED DEVELOPMENT AND R-A-10,000 ZONING A Planned Development Permit is being processed for this project along with the Tentative Map in order to provide design flexibility on this hillside site. As provided for in the Planned Development (PD) Ordinance, the project is designed with a single-family product with lot areas smaller (7,000 square feet minimum) than permitted in a R-A-l 0,000 subdivision. When a Planned Development Permit is required, the PD Ordinance has a separate set of requirements in addition to those of the underlying zone, which in this case is R-A-10,000. The surrounding area is developed with both single-family (lots ranging in size from 4,000 to 10,000 + square feet) and a multiple-family apartment project. The development of this site with single-family residences on minimum 7,000 square foot lots is compatible with the existing single-family and multiple- family homes of the area. The project is designed with California contemporary architecture and includes: tiled roofs with varying roof lines; decorative shutters, used brick and flagstone accent treatments; use of different window shapes and treatments; and, stucco exteriors. The project as designed, complies with all of the small lot architectural guidelines as illustrated on Exhibits “N” - “0”. The project includes a 36,098 square foot recreation/recreational vehicle (RV) storage lot (Lot S), which contains a multiple-use court, trail, lawn area and a 600 square foot RV storage area. As designed and conditioned, the RV storage area is screened from adjacent properties and street with screen walls, decorative gates and landscaping. As provided for in Section 2 1.45.090(c)(3) the applicant has requested approval to provide guest parking on-street. The project provides 41 guest parking spaces on-street (10 spaces required). The project is designed with two public streets which will be fully improved with curb, gutter and sidewalk. In accordance with requirements of the City’s subdivision ordinance, the street layout is designed to serve both this subdivision as well as relate to the existing streets of the adjoining subdivision. Streets from this project will connect to the existing southern terminus of Wintergreen Drive, to provide orderly and logical access and circulation for both this development and the existing adjoining subdivision. The streets will provide secondary access to the existing subdivision on Wintergreen Drive. The project has also been designed to provide public street access to existing adjacent lots to prevent a landlocked situation. For these existing adjacent lots, the subdivision includes three lots that provide access, as required by Title 20 of the City’s Municipal Code, so as to not preclude future development of these parcels. Title to these newly created lots will be transferred to the property owners of the existing adjacent lots, and will remain designated for access purposes only. All required facilities and services will be available concurrent with need to meet all City standards. The project is designed to permit the lots to drain to the street. A noise study conducted for the project identified that the development complies with the City’s exterior noise policy of 60 dBA CNEL as designed with noise barriers along Carlsbad Village Drive. The proposed project complies with the requirements of the Planned Development Ordinance as follows: - CT 96-03/PUD 96-03/HDP 9td3/SDP 96-04 - PACIFIC VIEW ESTATE?, MAY 21,1997 PLANNED DEVELOPMENT ORDINANCE STANDARDS COMPLIANCE I FRONT YARD SETBACK I 20 feet I 20 feet REAR YARD SIDE YARD 15’ x 15’ min. useable yard 5 feet 15 feet deep minimum 5 feet minimum RECREATION AREA 1 200 sq. ft./unit (6,000 sq. ft.) 1 36,098 sq. ft. (approx. 6,150 sq. R.V. STORAGE 20 sq. ft./unit (600 sq. ft.) ft. useable) 600 sq. ft. STORAGE SPACE BUILDING HEIGHT PARKING 480 cubic feet/unit 480 cubic feet/unit provided in garage 30 feet 30 feet 2 covered spaces per unit plus 2 covered spaces per unit plus 5 spaces for first 10 units plus 1 4 1 guest parking spaces for each 4 units over 10 units provided on-street LANDSCAPING (10 required for project) 40% of front vard 40%+ of front vard C. HILLSIDE DEVELOPMENT A Hillside Development Permit is required for any project site which contains a slope of 15% or greater and an elevation differential of greater than 15 feet. The proposed project complies with all requirements of the Hillside Development Ordinance. With approximately 64,500 cubic yards of grading proposed, which equates to approximately 7,460 cubic yards of grading per acre, the project is within the acceptable amount of grading permitted under the Hillside Development Ordinance. The site slopes down to the east and west from the center of the site. The grading on the site is designed with natural contours and a variety of slope directions and undulations. The slopes are designed with landscape screening to soften the visual impacts of the slopes. The project is designed with building pads that step down both the project site and the streets. No development is proposed on the 40% or greater slopes on the site except for the grading of existing manufactured slopes, which were created by the development of Carlsbad Village Drive and Wintergreen Drive, as permitted pursuant to Section 2 1.45.090 of the Carlsbad Municipal Code for areas previously disturbed by authorized grading. The table below summarizes the requirements of hillside development regulations, and the way in which the proposed project design complies with these requirements. - CT 96-03/PUD 96-03iHDP 9b-03/SDP 96-04 - PACIFIC VIEW ESTATES MAY 21,1997 Contour Grading Roadway Design Hillside Architecture Provide a variety of slope directions and undulation. Follow the site contours. Use terraced pads and/or Site is contour graded including a variety of slope directions and undulation. All slopes areas will be screened with landscaping. To the extent feasible, the roadways have been designed to complement the slopes. Pads are stepped down the foundations. Maintain natural slopes with structures and roofs. Decrease building mass with increased steenness. hillside within the project area. The building pads do not contain slopes. D. INCLUSIONARY HOUSING The inclusionary housing requirement for this project is 4.5 units. The project proposes to construct 4 second dwelling units (SDU) and to pay a fee equal to .5 of a credit times the average subsidy to make a unit affordable as permitted pursuant to Section 21.85.040(c) of the Carlsbad Municipal Code. The project is designed to provide 26 single-family residences with SDUs incorporated into four of the single-family homes. The proposed SDUs are one bedroom units located on the ground floor of the home, and contain 421 square feet of area. A Site Development Plan (SDP 96-04) is being processed consistent with the Inclusionary Housing Ordinance and establishes the location of the four proposed Second Dwelling Units (Lots 14,2 1, 24 and 27) as indicated on Exhibit “A”. The SDUs have private entryways and provide covered parking as a third space in a three-car garage. Consistent with the Inclusionary Housing Ordinance, these second dwelling units would be administered through an affordable housing agreement. E. GROWTH MANAGEMENT The proposed project is located within Local Facilities Management Plan Zone 1 in the Northwest Quadrant of the City. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized as follows: CT 96-03/PUD 96-03/HDP 9N3/SDP 96-04 - PACIFIC VIEW ESTATES MAY 21, 1997 PAGE 7 The project is 5.84 dwelling units above the Growth Management Dwelling unit allowance of 24.16 dwelling units for the property. The proposal includes a request to exceed the Growth Management control point of 3.2 dwelling units per acre as provided for in Section 2 1.90.045 of the Carlsbad Municipal Code. As provided for in this section, the findings required to exceed the growth control point can be made (see the table below). The northwest quadrant dwelling unit cap is not exceeded with the approval of this project because there is a large surplus of units in the northwest quadrant totaling 1,001 units. Approval of this project lowers the excess dwelling unit surplus by 5.84 units. exceed the quadrant unit limits. project above the control point, will not result in concurrent with need by the development ranteed to be constructed V. ENVIRONMENTAL REVIEW The property totals 8.52 gross acres and is presently undeveloped. The site has been previously disturbed. The majority of the project site contains disturbed habitat (4.37 acres). Low quality coastal sage scrub (1.95 acres) exists within the central portion of the site, and approximately 2.2 acres of the site occupied by southern mixed chaparral. The project as conditioned, is required to mitigate for impacts to the coastal sage scrub. The topography of the site is varied consisting of gently sloping to steep hillsides, which generally slope down from the center of the site toward the east and west. This project qualifies as a subsequent development to the City’s MEIR (93-01) / 0 9 CT 96-03/PUD 96-03/HDP 9td3/SDP 96-04 - PACIFIC VIEW ESTATEs MAY 21,1997 under Section 21083.3 of CEQA. The environmental review for this project relied upon the MEIR for analysis of cumulative air quality and traffic impacts. Therefore, the project is determined to be in prior compliance with MEIR 93-01. The Planning Director determined that based on the initial study and field review conducted by staff, no significant environmental impacts will result from this project as conditioned to mitigate potential impacts, and therefore, an amended Mitigated Negative Declaration was issued on January 22, 1997. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Planning Commission Resolution No. 4099 Planning Commission Resolution No. 4 100 Planning Commission Resolution No. 4 101 Planning Commission Resolution No. 4102 Planning Commission Resolution No. 4 103 Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Exhibit “X”, General Plan Designations Exhibit “Y”, Zoning Designations Reduced Exhibits Full Size Exhibits “A”-%“ dated May 21, 1997. .- BACKGROUND DATA SHEET CASE NO: CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 CASE NAME: Pacific View Estates APPLICANT: Pacific View Limited REQUEST AND LOCATION: Request to subdivide an 8.52 acre site into 26 single family lots, 3 lots to urovide legal access to adiacent nronerties and four onen suace lots. Four of the units are nronosed to contain 460 sauare foot, first floor. second dwelling units. The moper& is located on the northside of Carlsbad Village Drive at Donna Drive. LEGAL DESCRIPTION: A nortion of the Northwest Quarter of the Southwest Quarter of Section 32, Township II south. Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad. Countv of San Diego, State of California. APN: 167-250-16 Acres: 8.52 Proposed No. of Lots/Units: 26 single familv units; nlus 4 2nd dwelling units GENERAL PLAN AND ZONING Land Use Designation: RLM Density Allowed: 3.2 du/ac Density Proposed: 3.97 du/ac Existing Zone: RA-10,000 Proposed Zone: RA- 10.000 Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning Land Use Site RA-10,000 RLM North RDM-Q-7, PC, RA-1 0,000 RM/RLM South R- 1 - 1,000, R-A- 10,000 RLMRM East PC West PC RM/os PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 30 EDU Public Facilities Fee Agreement, dated: March 22.1996 ENVIRONMENTAL IMPACT ASSESSMENT IXI Negative Declaration, issued Januarv 22,1997 cl Certified Environmental Impact Report, dated q Other, )I/ CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Pacific View Estates - CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RLM ZONING: RA- 10,000 DEVELOPER’S NAME: Pacific View Limited ADDRESS: PO Box 2198, Carlsbad, California 92018 PHONE NO.: (619) 720-9785 ASSESSOR’S PARCEL NO.: 167-250-16 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 8.52 Acres ESTIMATED COMPLETION DATE: Unknown A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: (Demands to be determined by staff) Sewer: Demands in EDUs Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 105 Square Feet 52.5 Square Feet 0.20 N/A Buena Vista 292 land3 1.49 Acres Carlsbad 30 N/A 6,600 The project is 5.84 Dwelling Units above the Growth Management Dwelling unit allowance. DISCLOSURE STATEMENT APoUCAmS STATEMEW OF OISCLOWR~ OF cEilT41N OWNE~WIP INTERESTS ON AU APPJJ~TIONS .awcn WlLL aEzLiRE ZSCR~ON*RY *CTlON ON WE PAM OF TFIE Cm COUNCIL OR ANY APPOIHTEO mm. COMMISSJCN CR CCw,qr’i~ The followlng information must be disclosed: 1. Amlicant List the names and addressor of all persons having a financial interest in the application, PACIFIC VIEW LTD, C/O D, JA DFVFI fIPFR P.0, ROX CARLSBAD, D. RYAN, OWNFR 2. List the names and addresses ot all persons having any ownership interest in the property involved. PACIFIC VIFW ITD. CARI SRATl. I1A q7n18 Il. RYAN 1777 nrFANCTnF RI vn. II II CIITTF A IVFwm f’A q7nr;h 3. If any person idontiflod pukmt to (1) or (2) abow is a w or putnenhip, list the names ant addresses of all individurk owning mom than 1096 of the shuos in the corporath or owning any partnersm interest in ttm p8ftnafship. 4. . Hany~id~pwrwnt~(l)or(2)~irrnorr~orgvriutiorrorr~,lirtthonamu~~ addr~dMy~rrrvlrrgrrolll#ror~~d~norrprol#~~oru~~orbenoficlar of th8 mat. , a ‘2 L, /A 1, ,, FRMl3 4/9l Pagelof2' 2075 Lam Palmu Drive l Carlmbrd, C8lifornir 9-9 l (619) 439-116~ 1/3 Disclosure Statomoni (Over) Page 2 5. Have you had more than $250 worth of business transacted with any member of Ciry staff, soarcs, Commlssrons, Committees and Council within the past twelve months? Yes - No 1 If yes, please indicate person(s) Person II ddin8d u: ‘Any individud. firm. ce0utn0M ip. jomtvwtun. aawciden. 8oCd club. WtunJ organizaaon. coroortibon. l state. trust. 10~8mr. syndmto. thr MO w Omw C0uY. t* n6 cou*, CfW munluP8W. QUOKt or 0Wt8r ~tBc8i subdvmon. or * 0th~ group or :omo:n8tlon uttng aa a una.’ I Sgn8v.m d Ownwaato D.~IWATIO)C n Y Print or tycm tuma at owfur Pfd$!%fMdrpp . . -. FRM 13 4m GENERAL PLAN DESIGNATIONS PACIFIC VIEW ESTATES CT 96-03 ZONING DESIGNATIONS EXHBIT “Y” PACIFIC VIEW EsTATES CT 96-03 t- :i,, -J ,I L--- .,-. .-* \ ‘: F b- I r9-p - iv Iii r . Ill .. H. * . I. *. I’!- -- , $ . . . . j-1 . . ., -\.. ’ . . 1111. %.U’. : 8 El :. - a .Lll . . .,’ I .‘I + ; . ’ . fl z d J’ o-- ,. r I I I j I I I i 1 j r I I I I I I,,,,,, II I II ,,,,,,,I B 1 L-e-- l ; I I I 1 I % I ii I ?- 0: 3 e 1' B 1 31 . . . 2% d SK ; - ; ri . . . . ;s $ z K I- iE si I- L /a 3 5. CT 96-031PUD 96-93lHDP 96-WSDP 96-64 - PACIFIC VIEW ESTATES - Request for approval of an Amended Mitigated Negative Declaration, Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan to subdivide 8.52 gross acres into 26 single-family lots, 3 lots to provide legal access to adjacent properties and 4 open space lots, for a total of 33 lots on the property. Four of the single-family units are proposed to include second dwelling units. The property is located on the north side of Carlsbad Village Drive at ’ Donna Drive, in Local Facilities Management Zone 1. Commissioner Heineman excused himself from hearing this item, citing a, potential conflict of interest, and left the dais. Chairperson Nielsen announced that the Commission’s action on this item is final and it will not be forwarded to the City Council unless it is appealed within ten (10) calendar days. Project Planner Teresa Woods provided background and described this project and its location She stated that the area is zoned R-A-10,000, has a General Plan designation of RLM, and as conditioned, would be required to mitigate for impacts to the coastal sage scrub. She described some of the surrounding areas as including General Plan designations of RMH, RM, and RLM, as well as varied zoning which includes P-C, RDM-Q-7,000, R-i-10,000, and R-A-10,000. Ms. Woods pointed out that a City reservoir (Elm Reservoir) is located on the southern boundary of the property near the center of the site and that a portion of the reservoir site will be used for Donna Drive and “B” Street rights-of-way. She also indicated that the reservoir property will be improved with curb, gutter, sidewalk, landscaping and new fencing. Ms. Woods stated that the homes will range in size from 2,235 sq. ft. to 3,045 sq. ft., on lots ranging from 7,006 to 14,963 sq. ft. The four second dwelling units will be 421 sq. ft., with one bedroom and located on the ground floor. Each of the second dwelling units are in compliance with the recently recommended guidelines set by the Housing Commission. Planner Woods reported that the applicant has requested to exceed the Growth Management density control point of 3.2 dwelling units per acre while still remaining with% the density range of 0 to 4 dwelling units per acre. Ms. Woods pointed out that findings can be Fade to allow the applicant to exceed the density control point. Regarding land use, Ms. Woods stated that the property has a RLM General Plan Designation, and with 30 units in the project, is within the density range of the General Plan designation. Also, under the existing R-A-10,000 zoning, four dwelling units per acre could be achieved. Ms. Woods indicated that the project is compatible with surrounding uses including the reservoir, multiple family apartments, small lot single family units and standard lot single family units. Ms. Woods stated that the applicant proposes to satisfy the inclusionary housing requirement (4.5 units) by constructing four second dwelling units and also paying a fee equal to .5 of a credit times the average subsidy to make a unit affordable, as pursuant to Section 21.85.040(c) of the Carlsbad Municipal Code. She pointed out that three lots have been set aside to provide public street access to existing adjacent lots to Prevent a landlocked situation and title to those lots will be transferred to the property owners of the existing adjacent lots. However, she pointed out, those three lots will remain designated for access purposes only. MS. Woods concluded her presentation by stating that staff is recommending approval of this project. /a+! MINUTES - PLANNING COMMISSION May 21,1997 Page 6 Commissioner Compas asked staff to comment on a letter from the applicant, dated May 15, 1997, (a copy of which has been received by each Commissioner). Associate Engineer, Ken Quon explained that the applicant has addressed four major concerns regarding their project and they are: 1) They wish to be relieved of Condition #54 which requires bonding for % of a traffic signal at Wintergreen and Hosp Way; 2) They wish to be relieved of Condition #55 which requires bonding for % of a traffic signal at Donna Drive and.Carlsbad Village Drive; 3) They wish to landscape Lot #lo, which is one of the access. lots to the adjacent property, as opposed to paving. It is also their desire to establish a landscape maintenance easement to the homeowners association and when the adjacent lot comes in for development, it would be paved at that time; 4) They wish to revise Condition #49 which discusses the street improvements required for the project. They wish to defer some of the improvements in Phases #2 and #3 to just Phase #3. In response, Mr. Quon stated that the Engineering Department believes that asking for a bond for % of a signal, over five years, is very reasonable and fair. He went on to state that the City has a current bond, obtained from the Hillgate Development, and as a part of that bonding agreement the City agreed to seek contributions from adjacent properties developed subsequent to Hillgate. As for the signal at Donna Drive and Carlsbad Village Drive, Mr. Quon stated that the City has safety concerns that could arise as a result of this project. Again, the City feels that a bond for % of a signal at that spot is reasonable and fair, in the event that safety concerns are raised at that intersection. Regarding the landscaping of Lot #lo, Mr. Quon indicated that the City finds that request to be reasonable. As for the request to revise Condition ##49, Mr. Quon stated that the City feels that the applicant can pave ‘B” St., to Carlsbad Village Drive, make that connection, and then install curb, gutter and sidewalk with Phase #3. Mr. Quon stated that staff has discussed this with the applicant and they found this solution to be acceptable. Commissioner Compas asked how staff determined the length of the bond; in this case five years. Mr. Quon stated that it was initially determined to have the applicant bond in perpetuity and then changed to five years, solely to look at the safety factors related to those intersections and as they relate to the development. Commissioner Welshons asked if a light at Wrntergreen and Hosp would be a consideration, should the need arise and Mr. Quon answered affirmatively. The Commissioner then asked if the Hillgate bond is in perpetuity and again was answered affirmatively. She then went on to asked what type of controls would be installed at those intersections, should the need arise. Mr. Quon stated that they would begin with a stop sign or improved striping or signage and if they are determined to be inadequate, a signal would be installed. Regarding the request to landscape Lot #lo, Commissioner Welshons asked where the plans indicate paving. Mr. Quon stated that the plans do not clearly show if the lot is to be paved or landscaped and the developers have requested to do landscaping until that lot is required for access to the adjacent property. Mr. Quon stated that Lot #lo, located on “A” St., is the access point to the adjacent property, and in the meantime that property will have access off of ‘B” St. Commissioner Welshons asked if there will be a bond to ensure that Lot #lO is paved, if and when the adjacent property is developed. Mr. Quon responded by indicating that the owner of the adjacent parcel will be required to pave Lot #lO if and when he chooses to develop it. Mr. Quon clarified the request to defer street improvements in Phase #2 and #3 to Phase #3, by explaining that “B” St. would be constructed and connected to Donna Dr., (street and pavement only) which would then connect to Carlsbad Village Dr. as part of Phase #2, while the curb, sidewalk, etc., will ) 3 a- MINUTES PLANNING COMMISSION May 21,1997 Page 7 be deferred and completed with Phase #3. Commissioner Welshons asked if she was correct in her assumption that with the connection of “B” St., to Donna Dr., the residents of Pacific View Estates will not impact the other neighborhoods with higher volumes of traffic. Commissioner Welshons asked if the deferring of the improvements is cost effective for the applicant. Mr. Quon stated that he is unsure of the cost implications for the applicant but indicated that from what he understands, it is more advantageous for them to defer improvements because it is difficult to obtain financing for improvements outside of Phase #2. Chairperson Nielsen opened Public Testimony and offered the invitation to speak. Margaret Burger, P.O. Box 2198, Caflsbad. representing the developers of Pacific View Ltd., stated their concurrence with staffs recommendations, and requested that Condition #I9 be amended as follows: Phase 2. 1. Full width street improvements of “B” Street and Wtntergreen Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Complete half-width plus 12’ of paved roadway from Phase 2 boundary to the intersection of Carlsbad Village Drive. Improvements shall include asphalt curb. Phase 3. 1. Full width street improvements of “B” Street. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Complete half-width street improvements plus 12’ of additional paving on Donna Drive from the project boundary to its intersection with Carlsbad Village Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. Regarding Conditions #54 and #55: Ms. Burger stated that a traffic study report was prepare by O’Rourke Engineering and it was determined that signalization at Carlsbad Village Dr., and Donna Drive is not warranted. However, Ms. Burger pointed out that some type of assurance toward the signalization should be posted. She stated that this 26 lot project is already burdened, in excess of $100,000, due to connecting “B” St., to Wintergreen Dr. Ms. Burger also stated that the projects impact to Carlsbad Village Dr., is less than 2% and is even lower at Hosp Way and it is their contention that fair bonding costs for signalization should be 10% for Carlsbad Village Drive and 5% for Hosp Way. Regarding Condition #56: Ms. Burger requested that the reference to Lot 32 be corrected to read: Lots #10 and #l 1. Regarding Condition #65: Ms. Burger requested that the reference to, “ . . . a 20-foot wide easement . . .” be changed to, “ . . . a 15-foot wide easement . . .“, as agreed by the Carlsbad Water Engineer, Bill Plummer. .’ Commissioner Savaty asked what the time frame is between Phases #2 an #3. K?G MINUTES - PLANNING COMMISSION May 21,1997 Page 8 Ms. Burger responded by saying that it is the intention of the developer that there will be no interruption between the end of Phase #l and the beginning of Phase #2 and #3. Craig Correll, 2729 Forest Park Lane, Carlsbad, representing the Carlsbad Woodridge Homeowners Association spoke of several discussion with other members of his association and his finding that the majority of them have little or no opposition to this project. He pointed out, however, that his association is concerned about the noise, dust, dirt, etc., during the construction of this project and stated that they hope the City will take the proper steps to ensure that there are no extraordinary impacts that result. Mr. Correll stated that he is personally concerned about traffic, particularly on Hosp Way. He stated that in his twelve years in residence, he has seen and heard many accidents or near accidents in that area. He indicated that he and his homeowners association are aware of the bonding required for the eventual installation of a traffic signal at Hosp and Wintergreen and added that it is their wish to have either a stop sign or a signal become a reality at that intersection. Mr. Correll pointed out that he does not feel that the new project will have a great impact on this intersection, however, he is concerned that those new residents will , become casualties of the aforementioned intersection. He also stated that because there are accidents involving only one car and some with no injuries, that the statistics for that intersection are not accurate and do not adequately reflect how dangerous it really is. He also stated that, in his opinion, it is much more dangerous for drivers turning left from Wrntergreen on to Hosp than it is for drivers turning right from Donna Drive. Commissioner Compas asked if Mr. Correll has talked to the City about getting a signal at that intersection. Mr. Correll responded that he has been in touch with the City only to be told that the traffic studies show that a signal is not warranted. He also stated that they have presented several petitions to the City, over the past several years, in an attempt to get better controls but have not had any luck. Ken Dabbs, P.O. Box 619, Carlsbad, resident and owner of the home and acreage adjacent to the Pacific View Estates project, stated that his property is surrounded on five sides by this project. Mr. Dabbs stated that he has asked the applicant to send a surveyor to put out some stakes to indicate where the access ways will be but as yet has had no visual indication as to the actual location of these access ways. He pointed to one of the lots and stated that he has a recorded easement of 32 feet and for an exchange of 10 feet, he is to be given a 20 foot entrance at another location. Mr. Dabbs also said that the applicant had agreed to pave that entrance to his property. Also, Mr. Dabbs stated that the applicant has said that he will put the utilities behind the curb for Mr. Dabbs’ use at a later date and pointed out that there has been nothing in the report addressing either of these points. Mr. Dabbs pointed to another lot and indicated that the proposed elevation is 280’ which is 10 feet higher than the original plans showed. Lastly, Mr. Dabbs stated that in order to obtain the grades and slopes to match that street, they will have to take part of his property for slope rights and he hasn’t signed anything giving them slope rights. Commissioner Welshons asked Mr. Dabbs if he has had an opportunity to look at these plans prior to this meeting and he stated that he had only had them for a few days. Tony Johnston, 3185 Blenkame, Carlsbad, stated that Mr. Dabbs is correct in his assessment of problem of slope rights and that without some corrections to the plans, it will not be possible to build a driveway to the Dabbs property. Chairperson Nielsen, asked Mr. Johnston if his definition, regarding the grades and slopes, is that the slopes are too steep to access and Mr. Johnston answered affirmatively. Adam Zocco, 2964 WIntergreen Drive, agreed that there should be some type of traffic control at Wrntergreen and Hosp, because it is very difficult to negotiate a turn from Wintergreen on to Hosp. He also stated that he would prefer if the developer would only break through the barrier at the end of his b23 MJNUTES - PLANNING COMMISSION May 21,1997 Page 9 street, as a last resort. His point was that by not breaking through at the beginning of the project, the trucks and other equipment would not be impacting Wintergreen with noise and dirt. He suggested that they break through from the other end. Commissioner Noble stated that the Planning Commission has no jurisdiction over traffic control, only land use. He suggested that Mr. Zocco should again approach the Traffic Safety Commission and ask for their assistance. Assistant City Attorney Rudolf interjected that Mr. Zocco appeared to be suggesting a condition, to have ” the break through to Wintergreen postponed to the end of construction, which was potentially appropriate to be considered as a condition of the subdivision map, if it would work and the Commission approved. Mr. Quon stated that the project is already set up for an approach to the Phase #2 construction area from the direction of the water reservoir and that the Engineering Department will take efforts to minimize the effects of the construction on the existing neighborhoods. Don Jack, P.O. Box 2198, Carlsbad, representing Pacific View Estates, stated that he and Mr. Dabbs have had three personal conversations regarding this project, over the course of the past two years. He pointed out that they have made certain that Mr. Dabbs will have adequate ingress and egress to his property as well as doing the same for other adjacent properties. Mr. Jack indicated that he had recently sent a letter, a full sized tract map, along with the design of the elevations that are planned for that particular property. In addition to the mailing to Mr. Dabbs, Mr. Jack stated that he had sent identical mailings to all of the homeowners associations in the area. He pointed out that in their effort to accommodate the various circumstances surrounding this project, they have had to change the plans 31 times at an added cost of approximately $100,000. Mr. Jack stated that at their first meeting Mr. Dabbs, knowing that the developer is required to provide him with no more than a 32 foot easement, asked for (and received) two 20 foot easements - one off ‘A” St. and one off “B” St. Mr. Jack pointed out that they have met every condition required by the City, including the connection of Wrntergreen Drive. Regarding the steepness of the driveway to the Dabbs property, Mr. Jack stated that it is not too steep to be accessible. Mr. Jack also stated that in their early agreement with Mr. Dabbs, they would provide him with “stub-outs” and he agreed to pave his own street, if and when he decided to develop the property. Mr. Jack added that it is imperative that he be able to landscape the lots (eventual driveways to the Dabbs property) across the street from the models on Wintergreen. Commissioner Noble asked Mr. Jack about Mr. Dabbs’ concern regarding the survey of the property and also his concerns regarding the utilities. Mr. Jack responded that at their first meeting, Mr. Dabbs agreed to do his own paving and as for the survey, he stated that he doesn’t remember any such agreement for a survey and furthermore, he would not have agreed to that if it had been a part of their discussion. Chairperson Nielsen asked if Mr. Jack has any sort of written agreement with Mr. Dabbs. Mr. Jack’s response was negative although the City required that he procure a letter from Mr. Dabbs, which somewhat recaps their agreement regarding the driveways and the fact that Mr. Dabbs does want to develop his property at some time in the future. Commissioner Compas asked if Mr. Jack has ever had anyone stake any part of Mr. Dabbs’ property. Mr. Jack stated that he had not and that he also never agreed to have his property surveyed. Commissioner Compas asked if Mr. Jack had agreed to paving and utilities. 12% MINUTES - PLANNING COMMISSION May 21,1997 Page 10 Mr. Jack stated that he had not agreed to paving but he had agreed to install “stub-outs” for sewer and water. Commissioner Compas questioned Mr. Jack with regard to the additional height of the lot overlooking Mr. Dabbs’ back yard. Mr. Jack stated that the City required them to drop the level of the street in order to connect with the existing street and that they have no control over those requirements. Commissioner Compas asked Mr. Jack whether or not he agrees with Mr. Johnston’s assessment of the slope height and Mr. Jack stated that he does not agree with that assessment at all. Commissioner Welshons asked for the dimensions of the access ways. Mr. Jack responded by pointing out that there are two, 20-foot wide access ways. Seeing no one else wishing to testify, Chairperson Nielsen closed the Public Testimony. Observing one person wishing to give testimony, Chairperson Nielsen re-opened the Public Testimony. Mr. Bass, Engineer, 8680 Navajo Rd., #218, San Diego, spoke regarding Mr. Dabbs’ claim that the access road (lot 10) is too steep and would require slope rights. He pointed out that the Dabbs’ property is currently very steep, has two levels, and the new lot that will exist at the conclusion of the sub-division will be at the lower level. He also indicated that the access way over Lot 10 will not be too steep. Seeing no one else wishing to testify, Chairperson Nielsen closed the Public Testimony. Chairperson Nielsen declared a recess at 6:48 p.m. and re-convened at 7:02 p.m., with six Commissioners present. Ms. Woods asked Mr. Dabbs if his representative had discussed these plans with him. Mr. Dabbs stated that the first time he has had an opportunity to view these plans was just a few days ago after his representative picked them up. Ms. Woods stated that there have been several issues raised at this meeting that staff was not aware of and requested that this item be continued to June 4, 1997. Assistant Planning Director Wayne suggested that if the Commissioners have any other issues they would like staff to address, they should include them in the motion to continue. ACTION: Motion by Commissioner Savary, and duly seconded, to continue CT 96-03, PUD 96-03, HDP 96-03 and SDP 96-04 to the next Regular Meeting on June 4, 1997, in order to resolve the Issues brought by the participants. Commissioner Welshons asked staff to review the elevation of Lot 33, in relation to Mr. Dabbs’ property and the question of slope rights; clarify the Condition of not allowing construction traffic to use Wintergreen Drive through the Hillgate property; review the agreement to provide utilities to Mr. Dabbs’ property; address the noise and dust problem during grading and research any recourse that people may have; review the discussion regarding traffic and the timing of the signal at Wintergreen and Hosp; and, review the issue of landscaping v. paving of the access way. /al MINUTES - PLANNING COMMISSION May 21,1997 Page 11 Regarding the Elm Reservoir, Commissioner Monroy asked staff to make sure that there will be no complications with regard to the Water Department. VOTE: 6-O AYES: Nielsen, Noble, Savaiy, Monroy, Welshons, and Compas NOES: None Commissioner Heineman returned to the dais. PUBLIC HEARING: 1. CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES - Request for approval of an Amended Mitigated Negative Declaration, Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Permit to subdivide 8.52 gross acres into 26 single-family lots, 3 lots to provide legal access to adjacent properties and 4 open space lots, for a total of 33 lots on the property. Four of the single-family units are proposed to include second dwelling units. The property is located on the north side of Carlsbad Village Drive at Donna Drive, in Local Facilities Management Zone 1. Assistant Planning Director, Gary Wayne stated that staff is requesting a continuance of this item to June 18, 1997, to enable staff and the applicant to work out some further details. MINUTES 131 PLANNING COMMISSION June 4,1997 Page 2 Chairperson Nielsen opened the Public Hearing and seeing no one wishing to testify, closed the Public Hearing. ACTION: Motion by Commissioner Savary, and duly seconded, to continue this item to the Regular Meeting of the Carlsbad Planning Commission, on June 18, 1997, VOTE: AYES: NOES: ABSTAIN: 5-0-l Nielsen, Noble, Savary, Monroy, and Welshons None Heineman 3. CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04 - PACIFIC VIEW ESTATES - Request for approval of an Amended Mitigated Negative Declaration, Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan to subdivide 8.52 gross acres into 26 single-family lots, 3 lots to provide legal access to adjacent properties and 4 open space lots, for a total of 33 lots on the property. Four of the single-family units are proposed to include second dwelling units, The property is located on the north side of Carlsbad Village Drive at Donna Drive, in Local Facilities Management Zone 1. MINUTES 133 PLANNING COMMISSION June 18,1997 Chairperson Nielsen announced that the Commission’s action on this item is final and it will not be forwarded to the City Council unless it is appealed within ten (10) calendar days. Commissioner Heineman excused himself from hearing this item, citing a potential conflict of interest, and left the dais. Project Planner Teresa Woods provided background and stated that there are 33 lots on the property, the area is zoned R-A-10,000, has a General Plan designation of RLM, and is located on the north side of Carlsbad Village Drive at Donna Drive, in Local Facilities Management Zone 1. Ms. Woods further stated that after a full staff presentation and public testimony, on May 21, 1997, this item was continued to June 4, 1997 and then to June 18,1997. Planner Woods reported that the applicant and the adjacent property owner, Ken Dabbs, have arrived at a consensus on the issues brought forth by Mr. Dabbs and a copy of the memo has been provided with the staff report that discusses each of the aforementioned issues. Ms. Woods alluded to an issue raised by citizens after the hearing on May 21, which involves the Wintergreen through connection to Carlsbad Village Drive. She went on to report that a letter and a petition from the Hillgate Estates neighborhood was submitted to staff, a copy of which is included in the Planning Commission packet. Ms. Woods continued by stating that the citizens have requested that Wintergreen not be put through to Carlsbad Village Drive and that it remain a cul-de-sac. Also, Ms. Woods pointed out that an additional letter from the Hillgate Estates community, dated June 18, 1997, had been submitted and offers further rationale for their position on the issue. Ms. Woods stated that, as noted in the memo, staff does not support the residents viewpoint and continues to support the recommendation that this roadway connection be provided. Project Engineer Ken Quon responded to each of the issues raised by members of the Planning Commission, the applicant, and citizens at the May 21, 1997 Planning Commission meeting, a copy of which is on file in the Planning Department. Ms. Woods also introduced Errata #2 and Errata #3, both dealing with housing issues on the project and pointed out that since the project was last heard, there have been determinations regarding the use of second dwelling units. She further stated that Errata #2 addresses the use of second dwelling units to satisfy inclusionary housing. It has also been determined, Ms. Woods continued, that it needs to be made clear to the Planning Commission that second dwelling units are an alternative method of satisfying the affordable housing requirement, under the lnclusionary Housing Ordinance for a project. Ms. Woods stated that a Finding needs to be added, to all new projects proposing to use second dwelling units, that makes it clear that the Planning Commission understands that second dwelling units are an alternative method and for that particular project they are considered an acceptable means of satisfying their affordable requirement. She pointed out that Errata #2 provides for this additional Finding to Resolution No. 4100. Ms. Woods stated that Errata #3 is in response to a very recent determination that all new projects proposing any affordable housing component, under the lnclusionary Housing Ordinance, be brought to the Housing Commission for a recommendation to the Planning Commission. She pointed out that Staff has looked at and determined that this project complies with all of the guidelines that have been approved by the Housing Commission, and has recommended approval of their affordable housing component. Ms. Woods alluded to the fact that Pacific View Estates is operating under a 90 day extension (under the Streamlining Act) for the processing of development projects and must be heard and acted upon prior to July 10, 1997. Therefore, Staff has recommended that the Commission take action on this project this evening. It was also recommended that the Commission add a new condition to the project that will require that, “Prior to any additional permits being given, the project will have to be submitted to the Housing Commission to receive a Finding that it does comply with their new Second Dwelling Units MINUTES 134 PLANNING COMMISSION June 18,1997 Page 5 Guidelines.” Ms. Woods pointed out that by adding this Condition, the Housing Commission will have an opportunity to review the project. However, if they are unable to get that, the project would then have to come back and either propose a new affordable housing component or somehow address the issues that have been raised by the Housing Commission. Commissioner Noble requested the following statement be included in the “record”. Commissioner Noble stated that after reading the report from Housing and Redevelopment Director Evan Becker, that, contrary to what the Housing Commission appears to believe, this Commission did (in fact) ask if this project meets the new guidelines proposed by the Housing Commission and was given an affirmative answer. Commissioner Savary asked Mr. Quon to point out exactly where Wintergreen intersects with Carlsbad Village Drive. Mr. Quon pointed out where Wtntergreen will feed into Donna Drive and then into Carlsbad Village Drive. Commissioner Monroy asked Traffic Engineer Bob Johnson to explain what traffic warrants are and when and how it is determined when traffic controls are installed. Traffic Engineer Bob Johnson stated that “warrant” is merely another word for criteria and explained that Carlsbad utilizes Cal Trans Signal warrants when they analyze an intersection to see if it meets one or more of the 11 traffic signal warrants. They also take into consideration the accident history of the intersection. Mr. Johnson pointed out that his department monitors and evaluates a number of different intersections throughout the City on a bi-annual basis, prepares a “Traffic Signal Evaluation” (priority list), and presents it to the Traffic Safety Commission and the City Council. Mr. Johnson stated that the document lists all of the intersections that are candidates for signalization. In addition, he stated, they also list the studied intersections that don’t meet the warrants so the reports are available if those conditions change over the next 2 years. If conditions do change, they can be quickly evaluated and that intersection(s) will be placed on the priority list. As for accident histories, Mr. Johnson stated that these are monitored on an annual basis and the results are included in the department’s Annual Traffic Report. Commissioner Monroy then asked Mr. Johnson how soon the traffic evaluations will be done on the new streets. Mr. Johnson replied that they can and will analyze the intersections of Donna Drive and Carlsbad Village Drive, and Hosp and Wintergreen, this year, the results of which would reflect current conditions before the Pacific View Estates project is complete. He added that when the project is complete, they can again analyze those intersections if they feel there may be a problem developing or if they want a comparison to the last analysis. Commissioner Welshons asked how many warrants have been met by Donna Drive, on the south side of Carlsbad Village Drive, and also Wintergreen Drive. Mr. Johnson stated that Donna Drive does not meet warrants at this time and stated that if there were 1 or more warrants, it would be placed on the list of warranted locations and ranked for a priority. He added that the same is true for Wintergreen. Commissioner Welshons asked Ms. Woods what the time frame is for each phase of the project. Ms. Woods stated that the developer has indicated that he wants to put them in close succession to each other, but it will depend on the housing market when Phase 1 is completed. Commissioner Welshons suggested that if the Phases take longer to complete than is expected, that the Bonding Agreement in Condition No. 54 might be further modified to say that it will terminate 5 years from occupancy of the first unit in Phase III, rather than the from occupancy of the first unit in Phase I. MINUTES ) 3 La4 PLANNING COMMISSION June 18,1997 Page 6 Mr. Quon stated that it is the intent of the Engineering Department to measure the progression of the traffic at each intersection, over the 5 year period. It is unclear as to when the best or most appropriate time will be to begin analyzing the intersections. Commissioner Welshons asked how many units are in each phase. Ms. Woods stated there will be 7 units in Phase I, 10 units in Phase II and 9 units in Phase Ill. Commissioner Welshons asked if there is a cul-de-sac policy in Carlsbad. . Mr. Quon stated that a cul-de-sac is allowed if the street is 1200 feet or shorter, is limited to 50 units or less, and limited to 500 trips (or less) per day. Referring to a letter received from Nick Giovinazzo, dated June 18, 1997, in which he stated that the residents believe that if Wintergreen is opened up to Donna Dr., many people will use that street as a short-cut, Commissioner Welshons asked Mr. Quon to respond to those concerns. Mr. Quon stated that there is no indication all the occupants of these units will access Wintergreen Drive to get to Carlsbad Village Drive. Commissioner Welshons then asked if the street configuration, with all of the turns, could discourage through traffic. Mr. Quon responded by stating that from an engineering standpoint, straight roads tend to carry more traffic and roads with several turns may discourage people from using them. Commissioner Compas, also referring to the memo from Mr. Giovinazzo, asked for Mr. Quon’s comments (overall) and Item #4 (specifically) which ends with the words, ‘I. . .real tragedy is inevitable.” Mr. Quon’s response was that he is not sure how Mr. Giovinazzo arrived at the conclusion that “traffic could easily grow to 160 cars or more”, and “an increase of 800% . . .“, but he certainly does not agree with those figures. Commissioner Compas asked Mr. Quon if he agreed with any of the 9 points of Mr. Giovinazzo’s letter and the answer was “no”. ~ Commissioner Compas, for clarification of gngineering Condition No 49, of Resolution No. 4100, regarding street improvements, asked if the improvements are required to be made before the units are occupied. Mr. Quon replied that the improvements must be built before occupancy of the first unit of each phase. Commissioner Monroy, asked for clarification regarding the time frame for the bonding for signals, and also asked if that Condition could be changed to reflect that bonding will terminate 5 years from the occupancy of the first unit in Phase III. Mr. Quon replied that the Condition could be modified. Ron Grunow, Civil Engineer, RDG Consultants, 3042 Harding St., Carlsbad, representing Pacific View Estates, stated that they have read all of the Conditions and the Erratas and concur. Commissioner Monroy asked Mr. Grunow if they have an objection to changing the bond termination date to 5 years from the occupancy of the first unit in Phase III. PLANNING COMMISSION June 18,1997 Page 7 Mr. Grunow responded that, in their opinion, it would be fairer for the bonding to begin when Wintergreen is opened to through traffic and not necessarily tied to the occupancy of any unit in Phase III. Chairperson Nielsen opened Public Testimony and issued the invitation to speak. Nick Giovinazzo, 2948 Wintergreen Dr., Carlsbad, representing Hillgate Estates Homeowners Association, stated the concerns of the association regarding the increase in traffic on Wintergreen. He related a recent incident regarding an incorrectly placed ‘Garage Sale” sign which significantly increased the traffic in their community that day, and convinced them that the opening of Wintergreen to Donna Dr., would negatively impact their neighborhood. He stated that he sees no benefit in making Wintergreen a through street and urged the Commission to deny the opening of Wintergreen as a through street. Ralph Ascher, 2956 Wintergreen, Carlsbad, stated that he is the person who gathered the petitions, copies of which are attached to the Agenda packet, and that the overwhelming majority of those approached to sign the petition, were against the opening of Wintergreen. Mr. Ascher stated that it makes no sense to destroy a quiet, tranquil and safe neighborhood when there is no solid reason for it and suggested that more culde-sacs should be incorporated within the City. Mr. Ascher concluded by prevailing upon the Commission not to open Wintergreen. Anthony Venaria, 2976 Wintergreen Dr., Carlsbad, asked why the City wants to open Wintergreen when it is beneficial to his neighborhood and will also benefit the new development. He stated that his homeowners association has contacted the Fire Department and been told that it makes no difference whether it is opened or not because they will still have access. Mr. Venaria concluded by asking the Commission to vote to keep the dead-end street and not open it to through traffic. Chairperson Nielsen asked if Mr. Venaria had been made aware when he purchased his home that Wintergreen would eventually be a through street and Mr. Venaria’s reply was a firm “no”. Ron Grunow, Civil Engineer, RDG Consultants, 3042 Harding St., Carlsbad, representing Pacific View Estates, stated that no matter how the residents of Hillgate choose to look at it, Wrntergreen is not a cul- de-sac. It is a dead-end street and they live in the luxury of a closed community only because development has not continued on as it is going to now. He also stated that until they made their initial submittal to the City, they were unaware that they would be required to make the street go through. He pointed out that they had planned on a very different format, initially, and have conformed and worked for over 2 years to bring the project to fruition. He also stated the Public Health and Safety requires and allows for the public street for secondary access to their development. Mr. Grunow pointed out that they don’t want to be responsible for the devastation if a fire comes up that hillside and because the street is blocked off, emergency vehicles can’t get to them as quickly as they might otherwise. Seeing no one else wishing to testify, Chairperson Nielsen closed the Public Testimony. Ms. Woods introduced Fire Marshal Mike Smith and asked him to address Item #6 of Mr. Giovinazzo’s letter. Fire Marshal Smith stated that in his department’s review of the project, they determined that Wrntergreen is not a conforming street when it comes to the definition of a cul-de-sac and therefore the Department cannot support the project unless the street becomes a through street. He pointed out that the Fire Departments Emergency Access Standards are based upon the City’s cul-de-sac standards and any proposed developments that go in with streets that are non-conforming to the cul-de-sac policy, would ordinarily require some mitigation effort to reduce the potential for fire and that did not occur. Mr. Smith stated that the Departments position is that any variation from the cul-de-sac policy will impede their ability to serve. MINUTES 133 PLANNING COMMISSION June 18,1997 Page 8 In response to a question from Chairperson Nielsen, Fire Marshal Smith stated that he does not recall having a conversation with anyone from the Hillgate Association regarding the Department’s position but that it is possible that one of the Association’s representatives might have spoken to someone else in the Fire Department. Commissioner Welshons asked if Staff can support the recommendation to time the termination of the signalization bond with the opening of Wintergreen as a through street. Mr. Quon replied that Staff can support that, however, the discussion was to begin the 5 year period with the first unit of Phase Ill, because the street leading to Donna Dr., between Wintergreen and Donna would be fully accessible. Commissioner Welshons pointed out that there are two Engineering Conditions; one that is for the signalization of Hosp Way and Wintergreen; and, one that is for the signalization of Donna and Carlsbad Village Drive, and asked if the clock will start for each at different times. Mr. Quon stated that they would both begin with the occupancy of the first unit of Phase III. ACTION: Motion by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolution No. 4099 approving the Mitigated Negative Declaration issued by the Planning Director, and adopt Planning Commission Resolutions No. 4100, 4101, 4102, and 4103 approving CT 96-03, PUD 96-03, HDP 96-03 and SDP 96-04 based upon the findings and subject to the conditions contained therein and including the Memorandum from the Planning Department dated 6- 18-97, Errata #2 and Errata #3, and the appropriate revisions to the amendment to the Engineering Conditions and all other conditions related to the timing of the signalization bonding of the intersections of Hosp Way and Wintergreen Dr., and Donna Drive and Carlsbad Village Drive. Chairperson Nielsen asked Mr. Quon to clarify the wording with regard to the timing of the bonding. Mr. Quon stated that the Conditions No. 54 and No. 55 would be modified in the last sentence to read as follows: “This agreement shall terminate 5 years from the date of occupancy of the first unit in Phase Ill.” To further clarify the Commission’s intent, Mr. Rudolf questioned the Commission as to when they intended for the bond, itself, to begin. Commissioner Welshons, in response, stated that it would begin with the occupancy of the first unit in Phase III. Mr. Quon interjected that although the timing of the termination of the bond would begin with the occupancy of the first unit in Phase III, the bond itself must be executed with the City prior to approval of the projects final map. He added that the bonding period could go on for any number of years but will terminate 5 years after the occupancy of the first unit in Phase III. Chairperson Nielsen asked the Commissioners if it is correct that their intent is, “regardless of the start time, the termination time will be 5 years after the occupancy of the first unit in Phase Ill,” and they indicated their agreement. Mr. Wayne stated, for the record, that the City does require the bonding as a condition of final map. An applicant cannot final a map without the bonding. He further stated that the duration of this bond will be from the final map to occupancy of the first unit in Phase III and 5 years hence of that occupancy. MINUTES )3 8 PLANNING COMMISSION June 18,1997 Page 9 Mr. Rudolf reminded the Commission, in that it is their responsibility (not Staffs) to establish the Conditions and decide when they want that bond to begin. He pointed out that the reason for a bond is to secure the promise to pay for the signalization (in the event of bankruptcy or other refusal or inability to pay) upon demand. He then stated that it is his understanding that the Commission intends for the bond to be in place from the beginning because there is every indication that signalization might be needed before Phase III is completed. Commissioner Compas suggested that the Condition for bonding state that the bond will begin with the occupancy of the first unit in Phase I and terminate the bond 5 years after the occupancy of the first unit in Phase III. Both Mr. Quon and Mr. Rudolf accepted the Commissioners suggested wording. VOTE: AYES: NOES: 6-O Nielsen, Noble, Savary, Monroy, Welshons, and Compas None APPEAL FORM I (We) appeal the decision of the ~JJNNING COMMISSION to the Carlsbad City Council. Date of Decision you are appealing: JUNE 18, 1997 Subject of Aweal: BE SPECIFIC Examples: if the action is a City Engineer’s Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here. We onlv wish to appeal the decision to ooen Winterareen Drive through to Carlsbad Village Drive between Pacific View Estates and Hillgate Estates. We have offered an alternative in a letter. Reason(s) for ADDeal: l Please Note l Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy? a definite negative impact on the residents along Wintergreen Drive. 2. 602 households exit directly on Hosp Way with a potential of 1200 a the short cut would increase traffic on Wintergreen by 600%. mile circumference has a through street. This is selective enforcement. 4. A Fire Department response time emergency study concluded there 5. All homeowners are entitled to the quiet enjoyment, peace, tranquility and safety of their homes. 6. We offer the alternative of a Knox Gate between the two Wintergreens. ae-u-wo~~~ 3 (76T) 434-l 714 PHONE NO. Nick Giovinazzo 2948 Wintergreen Drive NAME (please print) ADDRESS: Street Name & Number June 24, 1997 Carlsbad, CA 92008 DATE City, State, Zip Code 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 ‘:. ‘; .: .,,.‘.‘., :. . ,., -.- . ‘, ,‘, : ;, ‘. ,, .; CARLSBAD UNIF SCHOOL DIST SD COUNTY PLANNING 801 PINE AVE SUITE B CARLSBAD CA 92008 5201 RUFFIN RD SAN DIEGO CA 92123 CITY OF ENCINITAS CITY OF SAN MARCOS CITY OF OCEANSIDE 505 S VULCAN AVE 1 CIVIC CENTER DR 300 NORTH COAST HWY ENCINITAS CA 92024 SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SUITE 50 SUITE B 330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD LONG BEACH CA 90802 SAN DIEGO CA 92124-1331 SANDAG SUITE 800 400BSTREET SAN DIEGO CA 92101 LAFCO AIR POLLUTION CNTRL DIST 1600 PACIFIC HWY 9150 CHESAPEAKE DR SAN DIEGO CA 92101 SAN DIEGO CA 92123 THOMAS & JANET MASS 2851 TORRY CT CARLSBAD CA 92009 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 (ABOVE ADDRESS - For City Council Notices Only) PROJECT PLANNER TERESA WOODS BUENAWOODSU POBOX 1621 CARLSBADCA92018 HL&ANNCARROLL 2062AVENUEOFTHETREES CARLSBADCA92008 HENLEYV&PATRIClAWORTHMGTON JACKIELALEXANDER 2066AVENUEOFTHETREES 2068AVENUEOFTHETREES CARLSBADCA92008 CARLSBADCA92008 FRANKW&MARlLYNSTRANGE 2072AVENUEOFTHETREES CARLSBADCA92008 THEJENISONFAMILY 2078AVENUEOFTHETREES CARLSBADCA92008 fi? ERICBLO JAMESELCAROLEFELKER 1788 IVYRD OCEANSlDECA92054 WILLlAMR&ELIZABETHSROUFE 2074AVENUEOFTHETREES CARLSBADCA92008 LAWRENCEJMCCARTHY 2080AVENUEOFTHETREES CARLSBADCA92008 MARYAJOHNSON 2086AVENUEOFTHETREES CARLSBADCA92008 k? 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J SANDERS PO BOX 364 CARLSBAD CA 920 18 GARY C & MARLENE BRANNON 2708 GROVE AVE CARLSBAD CA 92008 WILLIAM E & RENEE MONTAGUE 2712 GROVE AVE CARLSBAD CA 92008 JOSEPH M & STEPHANIE WELLS 2725 JEFFERSON ST 11 CARLSBAD CA 92008 CECIL & OPAL RYAN 2740 GROVE AVE CARLSBAD CA 92008 THE WOODLEY FAMILY 2896 WINTERGREEN DR CARLSBAD CA 92008 MILTON & MARY NEMES 2892 WINTERGREEN DR CARLSBAD CA 92008 MCKELLAR DEV GEORGE & ALICE COSS 2895 WINTERGREEN DR CARLSBAD CA 92008 / OPMENT OF L J 103 ELOPMENT OF L J BRUCE H & KfMBERLY MATHERS 23 16 CADDIE CT OCEANSIDE CA 92056 2ONES FAMILY 1250 PROSPJkT ST IO3 LA JOLL CA 92037 i* PAUL R GARROW 273 1 CYI’RESS IBLL RD CARLSBAD CA 92008 ROBERT G & JAN POLLOCK 774 VAL SERENO DR ENCINITAS CA 92024 WILLIAM F WEBSTER 2723 CYPRESS I-IILL RD CARfSBAf1 CA 92008 HELEN WONG 2716 GROVE AVE CARLSBAD CA 92008 STEVEN L & LYNNE GORDON 11477 BOOTES ST SAN DIEGO CA 92 126 MICHAEL J SCHALL 2823 CEDARWOOD WAY CARfSBAD CA 92008 VELOPMENT OF L J LEE A LILINTHALL 2728 GROVE AVE 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CARLSBAD CA 92008 THE TOOMEY FAMILY 2230 NOB HILL DR CARLSBAD CA 92008 THE FLETCHER FAMILY 2220 NOB HILL DR CARLSBAD CA 92008 TIMOTHY J & W f LLI AM%/,, : LEE A HATTEN-RAO 2210 NOB HILL DR CARLSBAD CA 92008 ROBERT J & DEBORAH COWDEN 3205 DONNA DR CARLSBAD CA 92008 TffE BETZ FAMILY 3240 DONNA DR CARLSBAD CA 92008 THEODORE H & MARY STEARNS 3230 DONNA DR CARLSBAD CA 92008 THE SWEENEY FAMILY 3220 DONNA DR CARLSBAD CA 92008 h DARLENEMBURKE ROSWELL B & LEONA WILLARD 3225 DONNA DR 3235 DONNA DR CARLSBAD CA 92008 CARLSBAD CA 92008 RICHARD L & JACQUELINE PHILLIPS JAMES A VITTfTOE 7243 WORSLEY WAY 32 IO WESTWOOD DR ALEXANDRIA VA 223 15 CARLSBAD CA 92008 THE DABBS FAMILY PO BOX 619 CARLSBAD CA 920 I8 L A & L JANDRO PO BOX 245 CARLSBAD CA 920 18 KALMA B BUSK PO BOX 6309 LAGUNA NfGUEL CA 92607 L-2607 CA 92607 OD BLVD 300 - THE STRANGE FAMILY 32 I5 DONNA DR CARLSBAD CA 92008 JOSEI’IH FOGELSTROM 3230 WESTWOOD DR CARLSBAD CA 92008 DENNIS C & DONNA AMBROSE 2764 1 f’OCffEA TfU HEMET CA 92544 D tfosr’ 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P.O. BOX 2198 CARLSBAD CA 92018