HomeMy WebLinkAbout1997-09-02; City Council; 14334; Brookfield Meadows- .*
CITY OF CARLSBAD - AGENbi BILL
AB# !y, 339 TITLE:
MTG. g/2/97 BROOKFIELD MEADOWS CITYATTY. b/rfL
CT 96-04/PUD ‘II(B)/HDP 96-04/SDP 96-07 DEPT. PLN I# CITY MGR
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. VJ-595 APPROVING the Mitigated Negative
Declaration, CT 96-04, PUD 71(B), HDP 96-04, and SDP 96-07, based upon the findings and
subject to the conditions contained therein.
ITEM EXPLANATION:
On January 28, 1997, the City Council held a public hearing to consider a Negative Declaration,
PUD 71(B), and an appeal of the Planning Commission’s denial without prejudice of CT 96-04, HDP
96-04, and SDP 96-07. The project had been recommended for denial without prejudice by staff
because it did not comply with all aspects of City Council Policy No. 44 (Small Lot Single Family
Guidelines) and Planning Department Administrative Policy No. 16 (Minimum Distances Between
Structures). After review and discussion Council concluded that, although the project did not comply
with every aspect of the policies, it did satisfy the intent of the policies and was compatible with the
neighboring development of which it would be a part.
At the Council hearing on January 28, 1997, Planning staff explained to the Council that because of
environmental information not previously disclosed, the Negative Declaration attached to the staff
report and considered by the Planning Commission would not be adequate for the project. Staff
advised Council that, should they desire to approve the project, a new Mitigated Negative
Declaration would have to be prepared and noticed in response to the new environmental
information and the required findings and conditions of approval would have to be prepared. After
discussion the Council concluded that, although the project design did not comply with every aspect
of the architectural guidelines, it did satisfy the intent of the relevant policies and was consistent and
compatible with the existing neighboring development. Council therefore, directed staff to prepare
and publish the necessary environmental documents and to prepare findings and conditions to
approve the project.
Staff has prepared and published the new Mitigated Negative Declaration and has received no
comments on that document. The necessary findings and conditions for approval of the project are
included in the attached City Council Resolution.
Pursuant to the procedure established by the Municipal Code, staff took this project to the Housing
Commission on July IO, 1997. The Housing Commission voted to make the finding that the project
does meet their design criteria for second dwelling units. However, they made three
recommendations for improving the project: 1) provide a landing on the exterior stairway; 2) provide
washers and dryers in the second dwelling units; and 3) use materials which provide adequate
soundproofing for walls common to both the primary and the second dwelling units. The first and
second items were discussed previously at the Council hearing on January 28. It was determined at
that time that providing a landing midway down the stairway would result in the building encroaching
into the required setbacks (which are already at a minimum) and that a stackable washer/dryer unit
could be accommodated in the closet of the second dwelling unit. The third item (soundproofing) is
addressed through normal Building Code regulations which require a one-hour wall between the
primary and second units. This type of wall normally provides extra soundproofing.
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FISCAL IMPACT:
The project has been conditioned to provide all necessary improvements as required by the Zone 6
Local Facilities Management Plan to ensure that all necessary public facilities needed to serve the
development are provided.
EXHIBITS:
1. City Council Resolution No. w-545
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4.
Location Map
Excerpts of City Council Minutes, dated January 28, 1997
City Council Agenda Bill No. 14,019, dated January 28, 1997.
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CITY COUNCIL RESOLUTION NO. 9 7 - 5 9 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION AND A PLANNED UNIT
DEVELOPMENT AMENDMENT AND GRANTING THE
APPEAL ON A TENTATIVE TRACT MAP, HILLSIDE DEVELOPMENT PERMIT, AND SITE DEVELOPMENT PLAN
TO DEVELOP 29 SINGLE-FAMILY DWELLING UNITS AND 4 SECOND DWELLING UNITS ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF XANA WAY BETWEEN
CORINTIA STREET AND ALGA ROAD.
CASE NAME: BROOKFIELD MEADOWS
CASE NO.: CT 96-04/PUD 71Ts)/HDP 96-04/SDP 96-07
WHEREAS, Okon Development Co., “‘Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Edgecrest Investments, Ltd.,
“Owner”, described as
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 11241, recorded in the office of the
County Recorder of said County
(“the property”); and
WHEREAS, on November 6, 1996, the Planning Commission held a duly
noticed public hearing to consider a Negative Declaration, Tentative Tract Map (CT 96-04),
Planned Unit Development Permit Amendment (PUD 71(B)), Hillside Development Permit
(HDP 96-04), and Site Development Plan (SDP 96-07) to allow development of 29 single-
family dwelling units and 4 second dwelling units and adopted Planning Commission
Resolutions No. 3999, 4000, 4001, 4002, and 4003 denying without prejudice the Tentative
Tract Map, Hillside Development Permit, and Site Development Plan, and recommending to the
City Council approval of the Negative Declaration and denial without prejudice of the Planned
Unit Development Amendment; and
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WHEREAS, the City Council of the City of Carlsbad, on the 28th day of
January, 1997, held a public hearing to consider the recommendations of the Planning
Commission and the appeal of the Planning Commission’s denial without prejudice of the
Tentative Tract Map, Hillside Development Permit, and Site Development Plan, and heard all
persons interested in or opposed to CT 96-04/PUD 71(B)HDP 96-04/SDP 96-07 (Exhibits “A”-
“N”, dated February 3, 1997, on file in the Planning Department) and voted to direct staff to
prepare and circulate a new Mitigated Negative Declaration for the Revised Project proposed to
be approved and to prepare the necessary findings and conditions of approval to approve a
Mitigated Negative Declaration, Tentative Tract Map, Planned Unit Development Amendment,
Hillside Development Permit, and Site Development Plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
A. That the above recitations are true and correct.
B. That the City Council approves the Mitigated Negative Declaration and adopts
the Mitigation Monitoring and Reporting Program.
C. That the City Council approves CT 96-04, PUD 71(B), HDP 96-04, and SDP 96-
07 (Exhibits “A’‘-“I’?, dated February 3, 1997) subject to the following findings
and conditions.
Findings:
CEQA
1. The City Council of the City of Carlsbad has reviewed, analyzed and considered the
Mitigated Negative Declaration, the environmental impacts therein identified for this
project and any 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 City Council finds that there is no
substantial evidence the project will have a significant effect on the environment and
hereby APPROVES the Mitigated Negative Declaration.
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The City Council does hereby find that the Mitigated Negative Declaration 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 City Council finds that the Mitigated Negative Declaration reflects the independent
judgment of the City Council of the City of Carlsbad.
The City Council finds that all feasible mitigation measures or project alternatives
identified in the Mitigated Negative Declaration have been incorporated into or made
conditions of the Revised Project.
General Plan/Growth Management
The City Council finds that the project, as conditioned herein, is in conformance with the
Elements of the City’s General Plan, based on the following:
a. Land Use - The project is a residential development which will be built on
property designated for residential (RM) development by the General Plan and is
within the density allowed on the property (4-8 du/ac) and is below the Growth
Management Control Point (6 du/ac).
b. Circulation - The project is consistent with the City’s General Plan since the
proposed density of 5.89 du/acre is within the density range of 4-8 du/acre
specified for the site as indicated on the Land Use Element of the General Plan,
and is at or below the growth control point of 6 du/ac, and the project provides
adequate circulation intk&ucture to serve the population of the development.
C. 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 4.35
dwelling units as affordable to lower-income households.
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.
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b. Statutory School fees will be paid to ensure the availability of school facilities in
the San Marcos School District. The San Marcos School District has written a
letter, dated November 27, 1995, stating that school facilities will be available to
this project.
I C. Park-in-lieu fees are required as a condition of approval.
d. 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.
7. 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 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 6.
9. 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 impacted 10,000 square foot area is within the City’s 5% take
allowance.
10. That the habitat loss will not preclude connectivity between areas of high habitat values,
in that the habitat area being impacted consists of 10,000 square feet of coastal sage scrub
which occurs at the outer periphery of a larger habitat area rather than at the center of an
area where the loss of habitat would be more important.
11. That the habitat loss will not preclude or prevent the preparation of the City’s Habitat
Management Plan, in that the impact area has been designated as a developed area in the
La Costa/Fieldstone HCP/OMSP and in the City’s Habitat Management Plan.
12. 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 area of take has been reduced to the smallest amount possible (no more than 10,000
square feet) while accommodating the project.
13. 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 take area is small (10,000 square
feet), is on the periphery of a larger habitat- area designated for development, and no
gnatcatchers have been observed on this portion of the site.
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14. That the habitat loss is incidental to otherwise lawful activities, in that the applicant has concurrently obtained conditional approval for all otherwise required development
permits, including a Tentative Tract Map, Planned Unit Development Amendment,
Hillside Development Permit, and Site Development Plan.
15. That the project is consistent with the City’s Landscape Manual, adopted by City Council
Resolution No. 90-384.
HDP
16. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
17. That undevelopable areas of the project, i.e., slopes over 40%, have been properly
identified on the constraints map.
18. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the projected grading volume is within the
acceptable amounts, manufactured slopes will not exceed 30’ in height, and the building
pads are stepped with the contours of the site.
19. 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 the steeper slope areas of the site are along the perimeter of the property and will not
contain structures.
20. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project grading volume is within
acceptable amounts, there are no manufactured slopes exceeding 30’ in height, and the
roadway design is curvilinear.
PUD Amendment
21. That the granting of this permit will not adversely affect and will be consistent with
Chapter 21.45 of Title 2 1, the General Plan, applicable specific plans, master plans, and
all adopted plans of the City and other governmental agencies, in that the residential
project is consistent with the General Plan designation on the property (Residential -
Medium Density), is not within a Master Planned Community, complies with the intent
of the Planned Development regulations and policies, and is consistent and compatible
with the neighboring residential development of which it is an extension.
22. 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 connnunity, in that the project is consistent with the zoning
(residential) on the property and is compatible with the existing neighboring residential
development.
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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 proposed project satisfies all applicable requirements of the General
Plan, Title 21, and all other applicable regulations governing the design of the project.
That the proposed Planned Development Amendment meets all of the minimum
development standards set forth in Chapter 21.45.090, the design criteria set forth in
Section 21.45.080, and has been designed in accordance with the concepts contained in
the Design Guidelines Manual, in that City Council has determined that the proposed
design meets all standards and satisfies the intent of the design criteria by being
consistent with and compatible with the existing neighboring development.
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 project minimizes the amount of grading necessary to develop the project
and there are no significant natural resources on the subject site.
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
disruptive element to the neighborhood, in that the project is an amendment to a small
portion of an existing approved project site and the density of the overall project is
consistent with the density allowed by the General Plan and is designed to be consistent
and compatible with the existing neighboring residential development.
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 circulation system will provide
adequate access to all units, adequate room for vehicular movement, 2-car garages for
each unit for resident parking, and adequate guest parking in a manner which is dispersed
throughout the project for maximum convenience, and the project utilizes curvilinear
street design and short private drives so that the street system does not dominate the
project.
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 the is consistent with the General Plan designation on the
property (Residential - Medium Density), is not within a Master Planned Community,
complies with the intent of the Planned Development regulations, and is consistent and
compatible with the neighboring residential development of which it is an extension, and
provides adequate circulation to serve the development.
SDP
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project design incorporates minimum 3800 square foot lot sizes, private yards,
adequate setbacks, and landscaping and any other features necessary to accommodate the
use.
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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 provides 15’ x 15’ private yards for each
unit, adequate setbacks, and all landscaping and other features appropriate to the project
and is designed to be compatible with the neighboring residential development in general
design and architecture.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the circulation system will provide adequate access
to all units, adequate room for vehicular movement, 2-car garages for each unit for
resident parking, and adequate guest parking in a manner which is dispersed throughout
the project for maximum convenience.
CT
That the proposed map and the proposed design and improvement of the subdivision as
conditioned, 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 designed to comply with all applicable subdivision and zoning requirements
and the site is not within an area governed by a specific plan.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for medium density residential development on the
General Plan, in that the project is a residential project which has a density of 5.89 du/ac.
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 design incorporates minimum 3800 square foot lot sizes,
private yards, adequate setbacks, and landscaping and any other features necessary to
accommodate the use.
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.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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 distance between structures is adequate and is consistent with the neighboring development and the units
are oriented and located to allow adequate air circulation and sunlight for all units.
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That the City Council 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 and wildlife or their
habitat, in that there are no fish or wildlife or their habitat on the project site, and the project is conditioned to mitigate the only potential impact to habitat (that resulting from
off-site grading).
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 drainage
requirements of the project have been considered and appropriate drainage facilities have
been designed, and the project will be required to comply with all applicable City
Engineering Standards, the City’s Master Drainage Plan, and the National Pollutant
Discharge Elimination System (NPDES) standards.
The City Council 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.
Planning:
1. The City Council does hereby APPROVE the Tentative Tract Map, Hillside
Development Permit, Planned Unit Development Amendment and Site Development
Permit for the residential project entitled “Brookfield Meadows“. (Exhibits “A” - “N”,
dated February 3, 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 the Developer to make; all corrections and modifications to the
Tentative Tract Map, Hillside Development Permit, Planned Unit Development Amendment and Site Development Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on 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 Map and Site Plan as approved by the final decision making body. The
Tentative Map and Site Plan shall reflect the conditions of approval by the City. The
Map and Plan copy shall be submitted to the City Engineer and approved prior to
building, grading, final map, or improvement plan submittal, whichever occurs first.
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4. The final map shall not be approved unless the City Council finds as of the time of such
approval that sewer service is available to serve the subdivision.
5. 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.
6. 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 November 11, 1995, 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.
7. 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.
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9. 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.
10. This project shall comply with all conditions and mitigation measures which are required
as part of the approved Mitigated Negative Declaration.
11. Prior to the issuance of the building permit, 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 Planned Unit Development Amendment by Resolution No.
97-595 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 the Developer or successor in interest.
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12. The Developer shall prepare a detailed 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.
13. The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
14. 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.
15. 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.
16. 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.
17. Prior to approval of the final map, the Developer shall be required: 1) to consult with the
United States Fish and Wildlife Service (USFWS) regarding the impact of the project on
the Coastal California Gnatcatcher, and 2) obtain any permits required by the USFWS,
and 3) implement any mitigation measures which may be required by USFWS.
18. 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 four (4) attached second dwelling units (including units on Lots 10, 14, 20,
and 21) 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 Planning Director no later than 30 days after the date of approval of the project.
The recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
19. 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.
20. Prior to the approval of the final map or the issuance of building permits, whichever
occurs first, the Developer shall accomplish the annexation of the subdivision into the
existing Brookfield Homeowners’ Association or provide the required recreation area on
site, subject to the approval of the Planning Director.
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21. Prior to the approval of the final map or the issuance of building permits, whichever
occurs first, the Developer shall enter into an agreement which provides in perpetuity a
minimum of 580 square feet of recreational vehicle (RV) storage area off site for use by
the owners/residents of the subdivision subject to the approval of the Planning Director.
Engineering:
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There shall be one final subdivision map recorded for this project.
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.
The developer shall provide an acceptable means for maintaining the private easements
within the subdivision and all the private streets, sidewalks, street lights, storm drain
facilities and sewer facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision. Adequate provision for such maintenance shall be included with the CC&Rs
subject to the approval of the City Engineer.
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). Prior to approval of the final map, the developer shall provide, subject to the
satisfaction of the City Engineer, easement documentation that identifies the
responsibilities and provisions for maintenance of concrete terrace drains.
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,
officers or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval fkom 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.
Ram gutters must be provided to convey roof drainage to an approved drainage course or
street on lots specified by the City Engineer at time of building permit.
The developer shall dedicate sight distance corridors to the Homeowners Association at
all street intersections to the satisfaction of the City Engineer and shall place the following statement on a non-mapping sheet of the Final Map:
“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 Homeowners Association shall maintain this condition.”
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The developer shall pay all current fees and deposits required.
The owner of the subject property shall execute an agreement halding the City harmless
regarding drainage across the adjacent property.
32. The owner shall execute a hold harmless agreement for geologic failure.
33. Upon completion of grading, the developer shall ensure that an “as-graded” geologic plan
is submitted to the City Engineer. The plan shall clearly show all the geology as exposed
by the grading operation, all geologic corrective measures as actually constructed and
must be based on a contour map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the engineering geologist. The plan
shall be prepared on a 24” x 36” mylar or similar drafting film and shall become a
permanent record.
34.
35.
36. Direct access rights for all lots abutting Corintia Street shall be waived on the final map.
37. 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:
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
determined by the City Engineer and Planning Director.
The developer shall pay their prorated share of the cost to construct Ranch0 Santa Fe
Road from La Costa Avenue to Meh-ose Drive. If prior to final map approval, the City
has not adopted a financing mechanism for the construction of said Ranch0 Santa Fe
Road improvements, the developer shall enter into an agreement to prepay their fair share
cost of said improvements and further agreeing to consent to the formation of a
Community Facilities District or other tiding mechanism required to finance the
construction of said improvements.
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
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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.
38. 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:
Half width plus 12’ street improvements to Corintia Street along the project frontage
from Xana Way to the western boundary of the subdivision. Improvements shall include curb, gutter, sidewalk, street lights and paving.
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.
39. The design of all private streets and drainage systems shall be approved by the City
Engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets and drainage systems shall be
inspected by the City. The standard improvement plan check and inspection fees shall be
paid prior to approval of the final map for this project.
40. The project is subject to all applicable provisions of local ordinances including, but not
limited to, the following:
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’s approval.
Fire:
41. Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing public water mains and fire hydrants. The
plan shall include offsite tire hydrants within 200 feet of the project.
42. . Applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
43. 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
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44.
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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 accordance with the specitications contained in the City of Carlsbad’s Landscape
Guidelines Manual. Applicant shall submit a Fire Suppression plan to the Fire
Department for approval prior to issuance of building permits.
Prior to occupancy of buildings, all wildland fuel mitigation activities must be complete,
and the condition of all vegetation within 60 feet of structures found to be in conformance
with an approved wildland fuel management plan.
The applicant shall provide a street map which conforms to the following requirements:
A 400 scale photo-reduction mylar, depicting proposed improvements and at least two
existing intersections or streets. The map shall also clearly depict street centerlines,
hydrant locations and street names.
Geneial:
49. 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 gamed by Developer or a successor in interest by the City’s approval of
this Mitigated Negative Declaration, Tentative Tract Map, Planned Unit Development
Amendment, Hillside Development Permit, and Site Development Plan.
Code Reminders:
50. This project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements.
51. 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.
52. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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The Site Development Plan approval shall become null and void if building permits are
not issued for this project within 24 months from the date of project approval.
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 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 shall 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.
Notice
This action is final the date this resolution is adopted by the City Council. The
provisions 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
Code of Civil Procedure, 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 not later than the nineteenth 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 deposit in an amount sufficient
to cover the estimated cost or preparation of such record, the time within 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.”
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, on the 2nd day of SEPTEMBER, 1997, by the following
vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEW
EXHIBIT 2
BROOKFIELD MEADOWS
CT 96=04/PUD 71 (B)/
HDP 96-04/SDP 96-07
EXHIBIT 3
PUBLIC HEARING:
11. AB # 14.0 19 - BROOKFIELD MEADOWS. TENTATlVE MAP CT 96-4/SDP 96-7 l/PUD-7 1 (B).
During staff report, Elaine Blackburn referenced the memorandum from the Planning Department, dated
January 22, 1997, which stated if Council wished to approve the project, it would be necessary to send it back
to staff for conditions of approval and to revise the environmental document.
Mayor Lewis opened the duly noticed Public Hearing at 6:3 1 p.m., and issued the invitation to speak.
Nick Banche, Attorney at Law, 7 15 Pier View Way, Oceanside, CA., representing the applicant, Okon
Development Co., and Irv Okon, President, stated that all the requirements and approximately 95% of the
guidelines have been met. He gave an overview of the project, and requested Council’s approval. He
presented a picture of an existing home in the area (filed with the City Clerk), and noted the similarities to
elevations of the proposed project.
Ken Discenza, Engineer, Site Design Associates, Inc., 7863 La Mesa Blvd., #201, La Mesa, CA., referring to
the Staff Report, stated that the rear elevations of the houses have been changed and now comply with the
guidelines.
Laura Schmucker, 683 1 Via Verano, Carlsbad, Board Member for Brookfield Homes, expressed support for
the project. In response to Council query, she stated it had to be put to a vote, but she felt they would be
willing to annes the Brookfield Meadows development to share their recreation facilities.
Steve Waters, 6740 Paseo de1 Vista, Carlsbad, Board Member, expressed support for the project.
Aaron McGonagle, 68 13 Xana Way, Carlsbad, read a personal statement supporting the project.
. .
January 28, 1997 CITY CdUNCIL Page 4
Jeff Holverson, 68 16 Xana Way, Carlsbad, voiced his support for the project.
Carrie Downy-Yim, 685 1 Xana Way, Carlsbad, expressed support for the project..
Steve Weston, 6830 Via Marinero, Carlsbad, outgoing president of the Brookfield Home Owners
Association, presented petitions in favor of the project to the City Clerk, and stated his support for same.
Mark Foster, 682 1 Caminita Sueno, Carlsbad, former renter and now homeowner in Brootield, stated his
support for this project and urged approval.
Since no one else wished to speak on this item, Mayor Lewis closed the Public Hearing at 6:58 p.m.
In response to queq, the City Attorney stated if Council wished to approve the project, the guidelines should
also be amended to allow Council flexibility when considering such items as compatibility with the
neighborhood.
Mayor Pro Tern Finnila requested that a booklet received by each Council Member from the developer, be
entered into the record.
ACTION:
AYES:
On motion by Mayor Pro Tern Finniia, Council referred the project back to staff for
Conditions of Approval, and to revise the environmental document previously
prepared for the project;
and
directed Staff to revise Policy #44 to give Council flexibility for such projects in the
future.
Lewis, Finnila, Nygaard, Kulchin and Hall
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,‘ITY OF CARLSBAD - AGEE. 4 BILL
AB# jy, 1314 TITLE:
MTG. I/28/97 APPEAL - BROOKFIELD MEADOWS
CT 96-04A’UD 71(B)/HDP 96-04/SDP 96-07
DEPT. PLN ti CITY MGR -$$
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 9 ? -.I?6 APPROVING the Negative Declaration, and
ADOPT Resolution No. c)? - 3 3 DENYING WITHOUT PREJUDICE PUD 71 (B), and ADOPT
Resolution No. 43 -38 UPHOLDING THE PLANNING COMMISSION’S DENIALS WITHOUT
PREJUDICE of CT 96-04, HDP 96-04, and SDP 96-07.
ITEM EXPLANATION:
This application is for a Tentative Tract Map (CT), Planned Unit Development (PUD) Amendment,
Hillside Development Permit (HDP), and Site Development Plan (SDP) for a single-family detached
residential project. The development would include 29 primary residential units and 4 attached
second dwelling units. The PUD Amendment automatically requires a City Council decisior!
because the original PUD was approved by the Council. The CT, HDP, and SDP are being sent to
Council on appeal. The applicant had to appeal these decisions in order to have Council hear the
total project package.
On November 6, 1996, the Planning Commission conducted a public hearing and voted (4-3,
Compas, Noble 81 Welshons) to recommend approval of the Negative Declaration, recommend
denial without prejudice of the PUD Amendment, and deny without prejudice the CT, HDP, and
SDP. The applicant has appealed the denial without prejudice of the CT, HDP, and SDP.
The site for the proposed single-family detached project is part of a larger mostly developed project
(“Brookfield”). The subject site is the only undeveloped portion of that larger site. The property
owner currently has discretionary approvals to develop a 104-unit apartment project, but would like
to build a detached single-family project instead.
Staff had recommended denial of the project because it does not comply with the PUD regulations
as clarified by Planning Department Administrative Policy No. 16 (minimum required distance
between structures) and City Council Policy No. 44 (“Small Lot Single Family Guidelines”) dealing
with required building separation.
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The PUD Ordinance (Chapter 21.45) establishes the minimum required distance between
structures for single-story structures (IO’), for two- and three-story structures when there are
more than 10 in a row (20’) and for two- and one-story structures when there are more than
10 in a row (15’). The ordinance does not address the minimum distance required for two-
and two-story structures. Planning Department Policy No. 16 interprets the ordinance to
require a minimum 20’ distance between two-story structures when there are more than 10
structures in a row. The proposed project is not consistent with this interpretation. The
project is designed with all two-story structures. On Court “A”, where there are 13 such
structures in a row, the project provides only 10’ of separation in 8 locations and 11’ to 15’ in
3 locations, rather than the 20’ indicated in Policy No. 16.
City Council Policy No. 44 (“Small Lot Single Family Guidelines”) apply to single family
developments with lots smaller than 7500 square feet. It is primarily designed to apply to
projects with a predominance of two-story units (e.g., the subject application). This policy
includes architectural guidelines which are to be incorporated into the project design to
PAGE 2 OF AGENDA ,dILL NO.
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provide architectural relief. The proposed project does not comply with all of the applicable
architectural guidelines, in that it does not provide sufficient single-story building edges or the
varied building planes as required by Policy No. 44.
Policy No. 44 also defines “10 in a row” as including curves and terminating at a 90 degree
intersection. On this basis, the number of units along Court “A” of the proposed project is
greater than 10 and, therefore, would need to provide a minimum distance between
structures of 20’ (per Policy No. 16).
The project is consistent with the policies of the General Plan, and generally complies with the
Hillside Development regulations. However, the project does not comply with the PUD regulations
as clarified by Administrative Policy No. 16 and Council Policy No. 44. Therefore, staff was unable
to recommend approval of the project. Because staff believes the project could be redesigned to
comply with all applicable regulations, staff recommended denial without prejudice to allow the
applicant to return with a revised design without a lengthy waiting period.
The Planning Commission also passed two Minute Motions related to the discussion of this project.
la. The first Minute Motion (passed 7-O) was to request Council to give staff direction with regard
to re-examining Planning Department Administrative Policy No. 16 and City Council Policy
No. 44. There was some confusion regarding what is the standard desired for separation
between two story structures in Planned Unit Developments, and how Policy 16 is applied.
The separation requirements contained in the PUD ordinance have the weight ‘of law
because they are called out in the Code. However, because the separation requirement
discussed in Policy 16 is contained in a policy, rather than an ordinance, it carries less
weight. Therefore, there was some confusion regarding staffs and the decision-makers’
ability to require projects to comply with the separation requirements contained in the Policy.
lb. This Minute Motion also involves City Council Policy No. 44 in that Policy 44 defines what
constitutes units “in a row”. Policy 44 defines “in a row” to “include curves and shall
terminate at a 90 degree street intersection”. This definition is critical to the application of the
separation requirements contained in both the PUD Ordinance and Administrative Policy No.
16.
The Planning Commission felt .that more specific direction from Council regarding the intent of these
two policies would be helpful. Should Council wish to do so, staff could be directed to draft a zone
code amendment to revise the PUD Ordinance to clearly address this building separation issue. A
detailed discussion of the proposed project design and its compliance and non-compliance with
these policies is included in the staff report to the Planning Commission and attached to this Agenda
Bill.
2. The second Minute Motion (passed 7-O) was to request Council to establish a minimum size
for second dwelling units. Currently, the City has established only a maximum size for
second dwelling units (640 square feet). The Commission felt that the proposed second
dwelling units in this project were quite small (393 square feet) and discussed the possible
need to establish a minimum size for such units. Staffs research indicates that the City does
have the authority to establish a minimum size. If Council would like this issue addressed, it
could direct staff to study various second dwelling unit configurations (i.e., efficiency, one
bedroom and two bedroom) and return with a zone code amendment that establishes
minimum sizes for each desired configuration.
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. s PAGE 3 OF AGENDA BILL NO.
ENVIRONMENTAL REVIEW:
The proposed project was ahalyzed pursuant to CEQA regulations and was determined to have no
potential significant environmental impacts. Therefore, a Negative Declaration was issued by the
Planning Director. Because the review relied upon the General Plan Update Master EIR (MEIR 93-
01) for analysis of cumulative air and cumulative traffic impacts, the project also qualifies as a
Subsequent Project.
FISCAL IMPACT:
Should the Council decide to approve the proposed project or an alternative project, staff would
develop the necessary conditions of approval requiring the Developer to provide all necessary
improvements as required by the Zone 6 Local Facilities Management Plan. This would ensure that
all necessary public facilities needed to serve the development would be provided.
EXHIBITS:
1.
2.
3.
City Council Resolutions No. , and
Location Map
Planning Commission Resolutions No. 3999, 4000, 4001, 4002, and 4003, dated November
6, 1996
4. Planning Commission Staff Report, dated November 6, 1996
5. Excerpts of Planning Commission Minutes, dated November 6, 1996
6. Appeal, dated November 12,1996.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION FOR BROOKFIELD MEADOWS LOCATED
GENERALLY ON THE SOUTH SIDE OF XANA WAY
BETWEEN CORINTIA STREET AND ALGA ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: BROOKFIELD MEADOWS
CASE NO.: CT 96-04/PUD 71 (B)/HDP 96-04/SDP 96-07
WHEREAS, on November 6, 1996, the Planning Commission held a duly
noticed public hearing to consider a Negative Declaration for CT 96-04/PUD 71 (B)/HDP
96-04/SDP 96-07, and adopted Planning Commission Resolution No. 3999. recommending
to City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the
day of , 1997, held a public hearing to consider the
recommendations and heard all persons interested in, or opposed to, a Negative Declaration
for CT 96-04/PUD 7 1 (B)/HDP 96-04/SDP 96-07.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the recommendation of the Planning Commission for the approval of the
Negative Declaration is approved and that the findings and conditions of the
Planning Commission contained in Planning Commission Resolution No.
3999, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
2. This action is final the date this resolution is adopted by the City Council.
The provisions 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 Code of Civil Procedure, 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 not later than the nineteenth day following the date on which Js
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this decision becomes final; however, if within ten days after the decision
becomes final a request for the record of the deposit in an amount sufficient to
cover the estimated cost or preparation of such record, the time within which such
petition may be filed in court is extended to not later than the thirtieth daJ
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 City Council
of the City of Carlsbad, California, on the day of ) 1997.
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKFWNZ, City Clerk
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING WITHOUT
PREJUDICE PLANNED UNIT DEVELOPMENT
AMENDMENT PUD 71(B) FOR BROOKFIELD MEADOWS
LOCATED GENERALLY ON THE SOUTH SIDE OF XANA
WAY BETWEEN CORINTIA STREET AND ALGA ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 6
CASE NAME: BROOKFIELD MEADOWS
CASE NO: PUD 7103)
WHEREAS, the Planning Commission did on November 6, 1996, hold a duly
noticed public hearing as prescribed by law to consider Planned Unit Development Amendment
(PUD 7 1 (B)), and adopted Planning Commission Resolution No. 400 1 recommending to the City
Council that it be denied without prejudice; and
WHEREAS, the City Council did on the day of ) 1997,
hold a duly noticed public hearing as prescribed by law to consider the proposed Planned Unit
Development Amendment; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Planned Unit Development Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1.
2.
3.
4.
. . .
That the above recitations are true and correct.
That the findings of the Planning Commission in Resolution No. 4001 constitute
the findings of the City Council in this matter.
That the Planned Unit Development Amendment (PUD 71 (B)), is denied without
prejudice as shown in Planning Commission Resolution No. 4001 on file with the
City Clerk and incorporated herein by reference.
This action is final the date this resolution is adopted by the City Council. The
provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for
Judicial Review” shall apply:
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21 CLAUDE A. LEWIS, Mayor
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“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought
is governed by Code of Civil Procedure, 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 not later than the
nineteenth 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 deposit in an amount sufficient to cover
the estimated cost or 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 City
Council of the City of Carlsbad, California, on the day of > 1997, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, UPHOLDING A PLANNING
COMMISSION DECISION TO DENY WITHOUT PREJUDICE
A TENTATIVE TRACT MAP, HILLSIDE DEVELOPMENT
PERMIT, AND SITE DEVELOPMENT PLAN.
CASE NAME: BROOKFIELD MEADOWS
CASE NO: CT 96-04/HDP 96-04/SDP 96-07
WHEREAS, on November 6, 1996, the Carlsbad Planning Commission denied
without prejudice a Tentative Tract Map , Hillside Development Permit, and Site Develop-
ment Plan to develop a single-family detached residential subdivision; and
WHEREAS, the City Council of the City of Carlsbad, on day
of 3 1997 considered an appeal of the Planning Commission decision to deny
without prejudice CT 96-04, HDP 96-04, and SDP 96-07, and
WHEREAS, upon considering the request, the City Council considered all
factors relating to the CT 96-04, HDP 96-04 and SDP 96-07 appeal.
NOW, THEREFORE BE IT HEREBY RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1:
2.
That the above recitations are true and correct.
That the findings of the Planning Commission in Resolutions No. 4000, 4002
and 4003 on file with the City Clerk and incorporated herein by reference
constitute the findings of the City Council in this matter.
. . .
. . .
. . .
. . .
. . .
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the
wit:
AYES:
NOES:
ABSENT:
ABSTAIN
day of 1997, by the following vote, to
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 3999
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION FOR A 30-
LOT RESIDENTIAL SUBDIVISION LOCATED ON THE
SOUTH SIDE OF XANA WAY BETWEEN CORINTIA
STREET AND ALGA ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 6
CASE NAME: BROOKFIELD MEADOWS
CASE NO.: CT 96-04/PUD 71(B)/HDP 96-04/SDP 96-07
WHEREAS, Okon Development Co., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Edgecrest Investments,
Ltd., “Owner”, described as
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 11241, recorded in the offlice of
the County Recorder of said County
(“the Property”); and
WHEREAS, the Planning Commission did on the 6th day of November 1996,
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 Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
4 That the foregoing recitations are true and correct.
. . . 3/
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B) That based on the evidence presented at the public hearing. the Planning
Commission hereby RECOMMENDS APPROVAL of the Negative Declaration
according to Exhibit “ND”, dated August 26, 1996, and “PII” dated July 15,
1996, attached hereto and made a part hereof, based on the following findings:
Find&s:
1. The Planning Commission of the City of Carlsbad has reviewed. analyzed and
considered the Negative Declaration for the Brooktield Meadows project. the
environmental impacts therein identified for this project and any comments thereon prior
to recommending denial of 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 thereby RECOMMENDS APPROVAL
of the Negative Declaration.
2. The Planning Commission finds that the Negative Declaration for the Brookfield
Meadows project reflects the independent judgment of the Planning Commission of the
City of Carlsbad.
3. The Planning Director has found that, based on the EIA Part II, this Subsequent Project
was described in the MEIR 93-01 as within its scope; and there will be no additional
significant effect, not analyzed therein; and that therefore this subsequent project is
within the scope of the prior EIR, and no new environmental document nor Public
Resources Code 2 108 1 findings are required.
4. The Panning Commission finds that all feasible mitigation measures of prqject
alternatives identified in the MEIR 93-01 which are appropriate to this Subsequent
Project have been incorporated into this Subsequent Project.
PC RESO NO. 3999 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of November 1996. b!r the
following vote, to wit:
AYES: Commissioners Heineman, Monroy, Nielsen and Savap
NOES: Chairperson Compas, Commissioners Noble and Welshons
ABSENT: None
ABSTAIN: None
WILLIAM COMPAS,
C!&LSBAD PLANNING COMMISSION
ATTEST:,
MICHAEL J. HOLZMILLER
Planning Director
PC RESO NO. 3999 -3-
NEGATIVE DECLARATION
Project Address/Location: On the South side of Xana Way between Corintia St. and Alga .
Road, in the City of Carlsbad, County of San Diego
Project Description: An amendment to an approved PUD. The amendment would
provide 29 single family detached units (5 of which would include
attached second dwelling units) rather than the approved 104-unit
apartment project originally approved.
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 21 days of date
of issuance. If you have any questions, please call Elaine Blackburn in the Planning Department
at (6 1.9) 43 8- 116 1, extension 447 1.
DATED: AUGUST 26,1996
CASE NO: CT 96-04/PUD 7 1 (B)/HDP 96-04/SDP 96-07
CASE NAME: BROOKPIELD MEADOWS .
PUBLISH DATE: AUGUST 26,1996 .
n&WA , I
MICHAEL J. HOtiMILl%R
Planning Director
2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (619) 438-11610 FAX (619) 438-0894 34
@
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: CT 9604/PUD 7 1 (B)/HDP 96-04/SDP 96-07
DATE: Julv 15. 1996
BACKGROUND
1. CASE NAME: Brookfield Meadows
2. APPLICANT: Okon Develonment Co.
3. ADDRESS AND PHONE NUMBER OF APPLICANT: PO Box 577. De1 Mar. California
92014, (619) 755-7005
4. DATE EIA FORM PART I SUBMITTED: March 26.1996
5. PROJECT DESCRIPTION: The nroiect is an amendment to an aDDrOVed Planned Unit
Development. The amendment would Drovide 29 single familv detached dwelling units (5 of
which would include attached second dwelling units) rather than the IO4-unit ‘auartment nroiect
OriginallY aDDrOVed.
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.
17 Land Use and Planning q Transportation/Circulation q Public Services
0 Population and Housing . 0 Biological Resources q Utilities & Service Systems
0 Geological Problems
0 Water
m Air Quality
q Energy & Mineral Resources D Aesthetics
cl Hazards cl Cultural Resources
cl Noise cl Recreation
q Mandatory Findings of Significance
1 Rev. 03/X/96
. ’ DETERh4INATION.
(To be completed by the Lead Agency)
IXI
Cl
cl
cl
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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 is required,
but it must analyze only the effects that remain to be addressed.
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 all potentially
significant effects (a) have been analyzed adequately in an earlier Master
Environmental Review (MEIR 93-01) pursuant to applicable standards and (b) have
been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR
93-Ol), including revisions or mitigation measures that are imposed upon the proposed
project. Therefore, a Notice of Prior Compliance has been prepared.
c-1
Pl&er Signabe
,d/&. aL,/qq&
Date c/ ,
Planning Director’<$ignat&
2 3b
Rev. 03/28/96
.
. ’ 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 sigdkmt
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.
0 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.
0 “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.
0 “Potentially Significant Impact” is appropriate if there is substantial evidence that an
effect is significant.
0 Based on an “EIA-Part II”, if a proposed project could have a potentially significant
effect on the environment, but d 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. 03l28f96 37
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.
l 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.
32 Rev. 03128196
lssues (and Supporting Information Sources).
I LAND USE AND PLANNING. Would the proposal:.
a) Conflict with general plan designation or zoning?
(Source #(s): ( )
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the
project? ( )
c) Be incompatible with existing land use in the vicinity?
0 d) Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible
land uses? ( )
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? ,( )
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 intiuucture)? ( )
c) Displace existing housing, especially affordable
housing? ( )
III. GEOLOGIC PROBLEMS. Would the proposal result in or
a)
b)
cl
d)
e)
fl
9)
h)
0
expose people to potential impacts involving:
Fault rupture? (# 1 :Pg 5.1-5)
Seismic ground shaking? (#l:Pg 5.1-12)
Seismic ground failure, including liquefaction? (#l:Pg
5.1-12)
Seiche, tsunami, or volcanic hazard? (#l :Pg 5.1-g)
Landslides or mudflows? (# 1 :Pg 5.1-I I )
Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? ()
Subsidence ofthe land? (#l:Pg 5.1-I 1)
Expansive soils? ( )
Unique geologic or physical features? ( )
IV. WATER. Would the proposal result in:
a>
b)
cl
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)? ( )
4 Changes in the amount of surface water in any water-
5
Qnif&t
Impact
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3r Rev. 03f28i96
1 ’ Issues (and Supporting Information Sources).
body? 0 d
9
g)
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 groundwser? ( )
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)
c>
4
Violate any air quality standard or contribute to an
existing or projected air quality violation? (#l:Pg 5.3-
4) Expose sensitive receptors to pollutants? (#I :Pg 5.3-4)
Alter air movement, moisture, or temperature, or cause
any change in climate? ( )
Create objectionable odors? ( )
VI. TRANSPORTATION/CIRCULATION. Would the
a>
b)
cl
4
4
9
g)
proposal result in:
Increased vehicle trips or traffic congestion? (#I:Pg
5.7-10)
Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? ( )
Inadequate emergency access or access to nearby uses?
0 Insufficient parking capacity on-site or off-site? ( )
Hazards or barriers for pedestrians or bicyclists? ( )
Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)? ( )
Rail, waterborne or air traffic impacts? ()
* VII.BIOLOGICAL RESOURCES. Would the proposal result
a)
b)
cl
d)
e)
in impacts to:
Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds? ( )
Locally designated species (e.g. heritage trees)? ( )
Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? ( )
Wetland habitat (e.g. marsh, riparian and vernal pool)?
0 Wildlife dispersal or migration corridors? ( )
6
Potentially Significant Impact
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0
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Potentially Significant Unless Miti8ation Incorporated
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Less Than
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0
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0
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0
0
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0
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impaa
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40 Rev. 03/28/96
. .
I ’ Issues (and Supporting Information Sources).
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans?
(#l:Pg 5.12.1 and 5.13.1)
b) Use non-renewable resources in a wasteful and
inefficient manner? (#l:Pg 5.12.1-4)
c) 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? (#I :Pg 5.13-5)
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? ( )
b) Possible interference with an emergency response plan
or emergency evacuation plan? ( )
c) The creation of any health hazard or potential health
hazards? ()
d) Exposure of people to existing sources of potential
health hazards? ( )
e) Increase fire hazard in areas with flammable brush,
grass, or trees? ( )
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? ( )
b) Exposure of people to severe noise levels? ( )
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
services in any of the following areas:
a) Fire protection? (# 1 :Pg 5.!2.5-3)
b) Police protection? (#l:Pg 5.12.6-2)
c) Schools? (#l:Pg.5.12.7.4)
d) Maintenance of public facilities, including roads? ( )
e) Other governmental services? (#l:Pg 5.12.3-3; Pg
5.12.4-I)
XILUTILITIES AND SERVICES SYSTEMS. Would the
a)
b)
cl
4
4
f)
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
Power or natural gas? (#l:Pg 5.12.3-3; Pg 5.12.4-l)
Communications systems? ( )
Local or regional water treatment or distribution
facilities? (#l:Pg 5.12.2-5)
Sewer or septic tanks? (#I :Pg 5.12.3-4)
Storm water drainage? (#I :Pg 5.2-S)
Solid waste disposal? (# 1 :Pg 5.12.4-2) M
7
Potentially
Significant Impact
Cl
0
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0
0
0
0
0
0
0
0
0
0
0
0
0
cl
0
0
0
Potentially Significant Unless Mitigation incorporated
0
0
0
Cl
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q
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0
0 0
0 0 Cl 0 cl
0 0 0
0 0 0
Less Than
Significan
t impact
0
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0
0
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0
0
0
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0
0
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0
0
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0
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Ixi
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(xl lzl Ixi .;i 4s Rev. 03/28/96
I * Issues (and Supporting Information Sources).
g) Local or regional water supplies? (#l :Pg 5.12.2-5)
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? ( )
b) Have a demonstratf negative aesthetic effect? ( )
cl Create light or glare? ( )
XIV.
a)
b)
cl
d)
e>
CULTURAL RESOURCES. Would the proposal:
Disturb paleontological resources? ( )
Disturb archaeological resources? ( )
Affect historical resources? ( )
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? (#l:Pg 5.13.8-5)
Affect existing 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.
Potentially Significant Impact
q
cl III q
0 0 q cl
0
0
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q
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Potentially
Significant Unless Mitigation Incorporated
Cl
0 0 0
0
0 0 q
0
0
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0
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0
Less Than
Signifkan
t Impact
cl
0
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0 q q 0
0
0
0
0
0
0
No
impact
IXI
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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
44 8 Rev. 03/28/96
h’ -
declaration. Section 15063(c)(3)(D). In this case a discussion should identify the
following on attached sheets:
a> Earlier analyses used. Identify earlier analyses and state where they are available
for review.
W 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.
c) 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.
Rev. 03/28/96 43
DISCUSSION OF ENVIRONMENTAL EVALUATION
I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING
The proposed project is an amendment to an approved Planned Unit Development. The approved
PUD incorporated a variety of product types, including 104 apartment units to be constructed on the
subject site as the last phase of development. The proposed amendment would provide 29 single
family detached units (5 of which would include attached second dwelling units) instead of the 104
apartments previously approved. The project site is a previously graded pad now covered with non-
native grasses. The pad includes existing 2:l slopes created by previously approved grading
activities and also contains some previously approved stockpile areas. The applicant proposes to
regrade the entire site to accommodate the change in product type. This site is the last portion of a
larger project area. The other portions have all been developed. However, the overall pad and slope
configuration will be generally similar to its current configuration.
II. ENVIRONMENTAL ANALYSIS
A. Non-Relevant Items
1. Land Use and Planning (a-e)
The proposed project site is designated for medium density residential development by the
City’s General Plan. The proposed single family project is consistent with this designation.
The proposed density of the project (5.91 du/ac) is within the density range allowed by the
General Plan (4-8 du/ac) and is below the growth control point (6 du/ac). There is no
conflict with the zoning or with any other applicable environmental plans or policies.
Residential development of this site will be compatible with surrounding uses, which are also
residential. There are no agricultural resources or operations present on the subject site or on
surrounding sites. The project also will not disrupt or divide any established communities.
The project will form the southern extension of the existing community and will be the final
piece of the overall project.
2. Population and Housing (a-c)
The proposed project will not cause the population to exceed regional or local projections.
The proposed project will actually reduce the expected population in the area because the
number of residential units will be reduced from 104 apartments to 29 single family units
with five attadhed second dwelling units. The project will not include growth nor displace
any existing housing, but will provide new housing.
3. Geologic Problems (f, h, i)
The project proposed will not result in erosion, unstable soil conditions, etc. Development of
the proposed project will be required to comply with all City regulations and requirements
for grading activities, erosion control, and soil conditions. There are no unique geologic or
physical features on the subject site. A soils report was prepared for the previously approved
project and updated for this application.
4. Water (a-i)
The project site does not contain, and is not adjacent to, any bodies of water. Therefore,
there will be no impact to water currents, or other water movements or courses. The project
will be conditioned to provide all improvements necessary to manage runoff and erosion
from the proposed project. Therefore, the project is not expected to result in any impact to
groundwater quality or quantity. The project-site is also not in an area of anticipated
10 Rev. 03/28/96 44
flooding.
5. Air Quality (c, d)
The proposed project will be required to comply with all City requirements regarding
adequate setbacks and maximum building heights. Accordingly, the project will not result in
changes to air movement, climate, etc. The proposed residential development will not be
expected to result in objectionable odors.
6. Transportation/Circulation (b-g)
The proposed project design will be required to comply with all applicable City regulations
governing the design of the streets and circulation system. Therefore, there will be no
hazards to safety from design features or incompatible uses. Adequate emergency access
will be provided. Parking for the proposed residents and guests must be provided according
to applicable City requirements (i.e., a 2-car garage for each primary residence; one parking
space for each second dwelling unit; and 10 parking spaces for guests). All required parking
must be provided on-site. The project will also be designed to comply with all City
requirements regarding bicycle and pedestrian facilities. The project will not impact rail,
waterborne, or air trafftc. There are no railways or waterways on or near the site. Activities
at Palomar Airport will not be impacted by these residences located several miles away.
7. Biological Resources (a-e)
There are no endangered, threatened, or rare species or their habitats on the site. There are
no locally designated species or natural communities on the site. There is no wetland habitat
on the site. The site does not serve as a migration corridor for wildlife. The project site is a
pregraded pad which was designed to be the last phase of an approved project development.
9. Hazards (a-e)
The proposed residential development is not expected to result in any risk of explosion,
release of hazardous substances, or creation of any potential health hazards. The project will
be required to comply with the requirements of the City’s Landscape Manual and with Fire
Department regulations regarding protection/prevention of fire hazards.
10. Noise (a, b)
The proposed residential project is not expected to result in any increase in noise levels or to
expose people to severe noise. The noise study prepared for the project concluded that noise
levels on the ‘site will not exceed acceptable levels despite expected increased traffic on
nearby Melrose Avenue. Any noise resulting from grading and/or building activities will be
of a temporary nature and &ill be subject to all applicable City regulations and restrictions.
II. Public Services (d)
The project is designed to include private streets. The project will be conditioned to require
maintenance of these private streets by the Homeowners’ Association. All other public
facilities are in place or will be provided concurrent with development as a condition of
approval.
13. Aesthetics (a-c)
The project will not have any negative aesthetic impact. The proposed structures are within
the City’s allowed building height for the site. There are no scenic vistas on or near the
project site. The proposed residential project is not expected to produce an inordinant
amount of light or glare. Therefore, adjacent residential uses will not be impacted.
il Rev. 03LW96
I * 14. Cultural Resources (a-e)
The project site is a pregraded pad which contains no ~cognized/documented
paleontological, archaeological, or historical resources. The project will not cause any
changes which would affect unique ethnic cultural values. There are no known religious or
sacred uses occurring within the area of the project site.
15.
B.
5.
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Recreational (b)
The proposed project will not affect existing recreational opportunities. The recreational
requirements of the project itself will be satisfied on-site (private yards) and within the larger
overall project site (community swimming pool and several pocket park piay areas).
Environmental Impact Discussion
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 San Diego 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 signiftcant 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.
Operation&related emissions are considered cumulatively significant because the project is located
within a “non-attainment basin”, therefore, the “lnitial 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.
6. Transportation/Circulation
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 traffk; 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 numb& of intersections are projected to fail the
4%~ 12 Rev. 03/28/96
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
adopted, The diversion of regional .through-traffic 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.
III. EARLIER ANALYSES USED
The following documents were used in the analysis of this project and are on file in the City of
Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (6 19)
438-l 16 1, extension 447 1.
1. Final Master Environmental Imnact Renort for the City of Carlsbad General Plan Update
(MEIR 93-01) dated March 1994, City of Carlsbad Planning Department.
13
EB:bk 47
Rev. 03/28/96
3 ’ APPLICANT CONCURR-iCE WITH MITIGATION MEAWL: , -
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND
CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date
1Y Rev. 03/28/96 48
ENVIRONMENT= MITIGATION MONITORING CHECKJJST: Page 1 of 1
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PLANNING COMMISSION RESOLUTION NO. 4000
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT
PREJUDICE CARLSBAD TRACT NUMBER CT 96-04 TO
SUBDIVIDE 4.39 ACRES INTO 30 LOTS ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF XANA
WAY BETWEEN CORINTIA STREET AND ALGA ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 6
CASE NAME: BROOKFIELD MEADOWS
CASE NO.: CT 96-04
WHEREAS, Okon Development Co., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Edgecrest Investments,
Ltd., “Owner”, described as *
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 11241, recorded in the office of
the County Recorder of said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A”-“O” dated November 6, 1996, on file in the Planning
Department Brookfield Meadows (CT 96-04), as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning ‘Commission did, on the 6th day of November 1996,
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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing. the Planning
Commission DENIES WITHOUT PREJUDICE Tentative Tract Map CT 96
04, based on the following findings:
FindinPs:
1.
2.
3.
4.
5.
6.
That the proposed map and the proposed design and improvement of the subdivision is
consistent with and satisfies all requirements of the General Plan and any applicable
specific plans, and will not cause serious public health problems, but is not consistent
with and does not satisfy all requirements of Titles 20 and 21 of the Carlsbad
Municipal Code, and the State Subdivision Map Act in that it does not provide
adequate distance between structures as required by Chapter 21.45 of the Municipal
Code and Administrative Policy No. 16, and does not comply with the City’s Small
Lot Single Family Guidelines pursuant to City Council Policy No. 44.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for medium density residential development on
the General Plan, in that the project is a residential project which has a density of 5.89
du/ac.
That the site is not physically suitable for the type and density of the development since
the site is not adequate in size and shape to accommodate residential development at the
density proposed, in that the proposed design does not comply with the requirements
of the PUD regulations for minimum distance between structures through
Administrative Policy No. 16, and does not comply with the City’s Small Lot Single
Family Guidelines pursuant to City Council Policy No. 44.
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.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision does not provide, to the extent feasible, for future
passive or natural heating or cooling opportunities in the subdivision, in that the
structures do not incorporate adequate separation between structures as required
by the PUD regulations (Chapter 21.45) and Administrative Policy No. 16.
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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 there are no fish or wildlife or their habitat on the site, and the EIA
Part-II prepared for the project concluded that ,there would be no significant
impacts from the project.
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 drainage
requirements of the proposed project have been considered and appropriate
drainage facilities have been designed, and the project would be required to comply
with all applicable City Engineering Standards, the City’s Master Drainage Plan,
and the National Pollutant Discharge Elimination System (NPDES) standards.
PC RESO NO. 4000 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 6th day of November 1996. by the
following vote, to wit:
AYES: Commissioners Heineman, Momoy, Nielsen and Savaq
NOES: Chairperson Compas, Commissioners Noble and Welshons
ABSENT: None
ABSTAIN: None
bi4!ii&m, : . F&&&.$/
WILLIAM COMPAS, Chairpekson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H3LZMtiLER
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4001
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DENIAL WITHOUT PREJUDICE OF PLANNED UNIT
DEVELOPMENT AMENDMENT PUD 71(B) ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF XANA
WAY BETWEEN CORINTIA STREET AND ALGA ROAD IN
LOCAL FACILITIES-MANAGEMENT ZONE 6
CASE NAME: BROOKFIELD MEADOWS
CASE NO.: PUD 71(B)
WHEREAS, Okon Development Co., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Edgecrest Investments,
Ltd., “Owner”, described as
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 11241, recorded in the office of
the County Recorder of said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
. Development as shown on Exhibits “A”-“ 0” dated November 6, 1996, on file in the Planning
Department, Brookfield Meadows (PUD 71(B)) as provided by Chapter 21.45 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of November 1996,
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 Planned Unit Development.
. . .
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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
RECOMMENDS DENIAL WITHOUT PREJUDICE Planned Unit
Development 71(B), based on the following findings:
Findinps:
1.
2.
3.
4.
5.
6.
The proposed use at the particular location is necessary and desirable to provide a service
or facility which will contribute to the general well-being of the ,neighborhood and
community, in that the proposed type of use (medium density residential) is
consistent with the General Plan designation of the site (RM) and with the
surrounding residential uses.
The project will be detrimental to the health, safety or general we!fare of persons residing
or working in the vicinity, or injurious to property or improvements in the vicinity. in that
the proposed amended project does not meet all required City standards and does
not comply with all applicable regulations. The project does not provide the
minimum distance between structures as required by the PUD regulations (Chapter
21.45) and clarified by Administrative Policy No. 16, and does not comply with the
City’s Small Lot Single Family Guidelines pursuant to City Council Policy No. 44.
The proposed Planned Development does not meet all of the minimum development
standards set forth in Chapter 2 1.45.090, the design criteria set forth in Section 2 1.45.080.
and has not been designed in accordance with the concepts contained in the Design
Guidelines Manual. The proposed project does not provide the minimum distance
between structures required by Chapter 21.45 and clarified by Administrative
Policy No. 16, and does not comply with the City’s Small Lot Single Family
Guidelines pursuant to City Council Policy No. 44.
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 building pads are stepped in the more sloped portions of the site, and
there are no significant natural resources on the site.
The proposed project’s design and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood, in that the project’s density and architecture
are consistent with that of the surrounding neighborhood.
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 circulation system will
provide adequate access to all units,-adequate room for vehicular movement, 2-car
PC RESO NO. 4001 -2-
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garages for each unit for resident parking, and adequate guest parking in a manner
which is dispersed throughout the project for maximum convenience. The project
utilizes curvilinear street design and short private drives so that the street system
does not dominate the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 6th day of November 1996. by the
following vote, to wit:
AYES: Commissioners Heineman, Monroy, Nielsen and Savary
NOES: Chairperson Compaq Commissioners Noble and Welshons
ABSENT: None
‘. ABSTAIN None
I 7 / - . PI& /fLzwdu
WILLIAM COMPAS, Chairpkon
CARLSBAD PLANNING COMMISSION
ATTEST: . W&!
MICHAEL J. MLZMILLER
Planning Director
PC RESO NO. 4001 -3-
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PLANNING COMMISSION RESOLUTION NO. 4002
A RESOLUTION OF THE PLANNlNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT
PREJ-UDICE A HILLSIDE DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF XANA WAY BETWEEN CORINTIA STREET AND ALGA
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 6
CASE NAME: BROOKFIELD MEADOWS
CASE NO: HDP 96-04
WHEREAS, Okon Development Co., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Edgecrest Investments,
Ltd., “Owner”, described as
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 11241, recorded in the office of
the County Recorder of said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A “-“O”, dated November 6, 1996, on file in the
Carlsbad Planning Department Brookfield Meadows (HDP 96-04) as provided by Chapter
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of November 1996,
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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 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
DENIES WITHOUT PREJUDICE Hillside Development Permit. HDP 96-03.
based on the following findings:
7 Findinps:
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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 proposed grading volume is within
the acceptable amounts, manufactured slopes will not exceed 30’ in height, and the
building pads are stepped with the contours of the site.
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 the steeper slope areas of the site are along the perimeter of the property and
will not contain structures.
5. Although the project design substantially conforms to the intent of the concepts
illustrated in the.Hillside Development Guidelines Manual, in that the proposed grading
volume is within acceptable amounts, there are no manufactured slopes exceeding
30’ in height, and the roadway design is curvilinear, the Hillside Development
Permit cannot stand alone, and the project does not provide an adequate distance
between ‘structures as required by the PUD regulations and Administrative Policy
No. 16 and City Council Policy No. 44.
6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that the steeper slope areas of the site are along the perimeter of the property and
will not contain structures.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of November 1996. by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Commissioners Heineman, Monroy, Nielsen and Savaq
Chairperson Compaq Commissioners Noble and Welshons
None
ABSTAIN: None
WILLIAM COMPAS, Chaiderson
CARLSBAD PLANNING COMMISSION
ATTEST:
,
- MICHAEL J. HOLZMILZR
Planning Director
d-9
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PLANNING COMMISSION RESOLUTION NO. 4003
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT
PREJUDICE A SITE DEVELOPMENT PLAN ON PROPERT)
GENERALLY LOCATED ON THE SOUTH SIDE OF XANA
WAY BETWEEN CORINTIA STREET AND ALGA ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 6
CASE NAME: BROOKFIELD MEADOWS
CASE NO.: SDP 96-07
WHEREAS, Okon Development Co., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Edgecrest Investments,
Ltd., “Owner”, described as
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 11241, recorded in the office of
the County Recorder of said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Permit as shown on Exhibits “A’‘-“0” dated November 6, 1996, on file in the Planning
Department, Brookfield Meadows (SDP 96-07) as provided by Chapter 21.53 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of November 1996,
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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED b\. the Planning
Commission of the City of C&bad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing. the Commission
DENIES WITHOUT PREJUDICE Site Development Permit. SDP 96-07 based
on the following findings:
Findinps:
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 traffic circulation. but
will adversely impact the site and surroundings in that the project does not provide
adequate distance between structures to comply with PUD regulations (Chapter
21.45) as clarified by Administrative Policy No. 16, and does not comply with the
Small Lot Single Family Guidelines pursuant to Council Policy No. 44.
That the site for the intended use is adequate in size and shape to accommodate the use. in
that the site with the proposed design and the proposed number of units does not
provide adequate distance between structures to comply with PUD regulations
(Chapter 21.45) as clarified by Administrative Policy No. 16, and does not comply
with the Small Lot Single Family Guidelines pursuant to Council Policy No. 44.
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 does not provide adequate distance
between structures as required by the PUD regulations (Chapter 21.45) as clarified
by ‘Administrative Policy No. 16, and does not comply with the Small Lot Single
Family Guidelines pursuant to Council Policy No. 44..
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed circulation system will provide
adequate access to all units, adequate room for vehicular movement, 2-car garages
for each unit for resident parking, and adequate guest parking in a manner which is
dispersed throughout the project for maximum convenience.
PC RESO NO. 4003 -2-
-.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 6th day of November 1996. by the
following vote, to wit:
AYES: Commissioners Heineman, Monroy, Nielsen and Saw-y
NOES: Chairperson Compas, Commissioners Noble and Welshons
ABSENT: None
ABSTAIN: None
WILLIAM COMPAS, Chai$erson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOL%LLE#
Planning Director
PC RESO NO. 4003 -3-
- A. EXHIBIT 4 . . &de City of CARLSBAD Planning Departma
A REPORT TO THE PLANNING COMMISSION
Item No. 0 4
Application complete date: June 27. 1996
P.C. AGENDA OF: November 6,1996 Project Planner: Elaine Blackburn
Project Engineer: Ken Quon
SUBJECT: CT 96-04/PUD 71fB)MDP -96-04/SDP 96-07- BROOKFIELD MEADOWS -
Request for recommendation of approval of a Negative Declaration and Planned
Unit Development Amendment; and request for approval of a Tentative Tract
Map, Hillside Development Permit and Site Development Plan to develop 29
single-family dwelling units and 4 second dwelling units (attached). on property
generally located on the south side of Xana Way between Corintia Street and Alga
Road.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3999
RECOMMENDING APPROVAL of the Negative Declaration issued by the Planning Director.
and ADOPT Planning Commission Resolutions No. 4000, 4002, and 4003 DENYING
WITHOUT PREJUDICE CT 96-04, HDP 96-04, and SDP 96-07, and ADOPT Planning
Commission Resolution No. 400 1, RECOMMENDING DENIAL WITHOUT PREJUDICE
of PUD 7 1 (B), based on the findings contained therein.
II. INTRODUCTION
This application proposes the development of 29 small lot single family residences and 4 second
dwelling units at the southwest comer of the Corintia Street and Xana Way intersection. Staff is
recommending denial of the project due to non-compliance with the Planned Unit Development
(PUD) regulations as clarified by Administrative Policy No. 16 and City Council Policy No. 44.
Compliance would necessitate some project redesign and staff is recommending denial without
prejudice to allow the applicant to reapply prior to the one year limit associated with a straight
denial. The applicant currently has discretionary approvals to build 104 apartment units on the
site. However, the applicant indicates that the neighborhood residents would prefer to see a
single family detached product on the project site rather than the approved apartment
development. The applicant has worked to resolve the issues associated with the project and has
reduced them to two items (minimum distance between structures and architectural guidelines).
The final decision on this project must be made by City Council because the original approvals
were granted by Council.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a tentative tract map, planned unit development
amendment, hillside development permit, and site development plan to allow the construction of
29 small lot single family residences and 4 second dwelling units on a 4.39 acre site, which is
located on the south side of Xana Way between Corintia Street and Alga Road. bs
. . CT 96-04/PUD 71 (B)/I-IDr 16-04/SDP 96-07 - BROOKFIELD Mh,wL)OWS
NOVEMBER 6.1996
As shown on Exhibits “A” - “O”, the project consists of 29 single family dwelling units (ranging
in size from 1748 - 228 1 square feet in area), plotted on substandard residential lots (ranging in
size from 3876 - 9602 square feet). The units are double loaded along minimum 32‘ private
streets. Parking is provided through 2-car garages, tandem spaces in driveways for the second
dwelling units. and on-street parking for guests. The lots include private yards to satisfy private
recreation requirements. The applicant proposes to satisfy common area recreation requirements
by annexing into the neighboring Meadowbrook development. thereby sharing a swimming pool
area and pocket parks.
To satisfy inclusionary housing requirements, four of the proposed dwelling units (Lots 10. 14.
20, and 21) will include attached second dwelling units. The second dwelling units each contain
a total of 393 square feet and form a portion of the second story of the primary units over the first
floor garage. The structures are similar architecturally to the neighboring residences. They
include exteriors of stucco and painted wood siding and tile roofs with aluminum window trim.
The project site is a previously graded lot now covered with non-native grasses. The site consists
of mostly gentle slopes, with existing 2:l slopes along the perimeter of the property and a
previously approved stockpile on the northern portion of the site.
The project site is a portion of a larger project (PUD 71) approved and amended in the early
1980’s. At that time the total project area consisted of a 43.6 acre site. The area of the current
proposal is a 4.39 acre portion of that 43.6 acre site. In 1980, the Planning Commission
approved development of 300 dwelling units on the overall site. These units were to consist of
single family detached, duplex, triplex, and 4-plex units. That project was not built. Then. in
1984, the City approved discretionary permits for 324 dwelling units to consist of 220 zero lot
line single family units (on the bulk of the site) and a 104~unit apartment project (on the 4.39
acre portion of the site). The majority of the site was developed as approved. However, the
apartment project was never built. The applicant would now like to amend the PUD for the
apartment portion of the project to provide instead 29 single family detached residential units
with four attached second dwelling units.
The site has a General Plan designation of RM (Residential - Medium Density) and a zoning
designation of RD-M/Q (Residential Density-Multiple Zone and Qualified Development
Overlay).
This project is subject to the following regulations:
A. General Plan RM (Medium Density Residential) Designation;
B. Subdivision Regulations (Title 20 of the Carlsbad Municipal Code);
C. RDM (Residential Density - Multiple) Zone Regulations (Chapter 21.24 of the
Carlsbad Municipal Code;
- . . CT 96-04/PUD 7 1 (B)/HDr ~6-04/SDP 96-07 - BROOKFIELD MLwL>OWS
NOVEMBER 6.1996
PAGE 3
D.
E.
F.
G.
H.
I.
Q (Qualified Overlay) Zone (Chapter 21.06 of the Carlsbad Municipal Code) and
Site Development Plan (affordable housing projects) (Chapter 21.53 of the
Carlsbad Municipal Code);
PUD (Planned Unit Development) Regulations (Chapter 21.45 of the Carlsbad
Municipal Code);
Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal
Code);
Inclusionary Housing Regulations (Chapters 21.85 of the Carlsbad Municipal
Code);
Growth Management Regulations (Local Facilities Management Plan for Zone 6);
and,
Environmental Protection Procedures (Title 19 of the Carlsbad Municipal
Code)and the California Environmental Quality Act (CEQA).
IV. ANALYSIS
A. GENERAL PLAN
The proposed project is consistent with the policies and programs of the General Plan. The
General Plan Compliance Table (below) indicates how the project relates to the goals and
policies of the General Plan.
The project site is designated for RM (Medium Density Residential) development by the General
Plan. The designated density for the site is 4-8 dulac (6 du/ac growth management control
point). The proposed project consists of 29 primary and 4 second dwelling units. Because this
site is the final piece of a larger, already constructed project, the density calculation has been
based upon the combined total density of the existing built project and the proposed development
of the subject site. This results in a total project density of 5.89 du/ac.
The already built project includes 220 dwelling units on a 39.21 acre (gross) site. The density of
the already built portion of the project is based on gross acreage, since that is how the regulations
were written when it was built. The current project includes 33 dwelling units on a 3.70 acre
(net) site. The density of the current subject site is based on net acreage in accordance with
current regulations. Thus the project would be allowed to have a maximum of 261 units and a
maximum density of 6 du/ac on a 42.91 acre site. The proposed development will include 253
units and have a density of 5.89 du/ac. Therefore, the project is consistent with the overall range
allowed by the General Plan and is below the growth management control point.
-
r
. CT 96-04/PUD 71 (B)/HDk /6-04/SDP 96-07 - BROOKFIELD MLAtiOWS
NOVEMBER 6.1996
The table below summarizes the relevant goals and policies contained in the General Plan and
discusses how the proposed project complies with these goals and policies.
GENERAL PLAN COMPLIANCE TABLE
(4-8 du/ac) (6 gcp)
Circulation Element The proposed project would provide adequate circulation
Streets & Traffic Control infrastructure to serve the projected population of the development
Pol. A-2 and the traffic to be generated.
Noise Element A noise study prepared for the project shows that the project would
General Policies C. 1 & not be subject to unacceptable levels of noise. 0-l L.L
Housing Element
Goal 3, Objective 3.5
The project would contribute to provision of a range of housing
opportunities in the City, including 4 affordable attached second
1 dwelling units.
Open Space & Recreation 1 The project proposes to annex into the existing neighborhood
Element ( homeowners’ association for purposes of sharing the existing
Category 3 Open Space common recreation area.
for Outdoor Recreation
Public Safety Element The proposed project would provide adequate sidewalks. street
1 lights, and fire hydrants.
Parks/Recreation Element The proposed project would be required to pay park-in-lieu fees.
B. SUBDIVISION REGULATIONS
The proposed Tentative Tract Map complies with most, but not all, of the requirements of the
City’s Subdivision Ordinance. The proposed project would be required to construct the two
private streets within the subdivision and to provide sidewalks, street lights, and fire hydrants.
The design of the subdivision also would not conflict with any established easements. However,
the project design is not consistent with all applicable provisions of Title 21, therefore, cannot be
recommended for approval. (See Section E. Planned Unit Development of this report for a
detailed discussion of this issue.)
C. RDM (RESIDENTIAL DENSITY - MULTIPLE) ZONE
The project site is zoned RD-M/Q. Because this project is a PUD, most of the development
standards of the RD-M Zone are superseded by the standards contained in the PUD regulations.
For those standards which are not superseded by the PUD regulations, the project complies with
the RD-M standards. The table below (RD-M Zone Compliance Table) summarizes the
. CT 96-04/PUD IIl(B)/HDb ~6-04/SDP 96-07 - BROOKFIELD ML&OWS
NOVEMBER 6.1996
PAGE 5
development standards required by the RD-M Zone and the standards incorporated into the
proposed project design.
RD-M ZONE COMPLIANCE TABLE
Max. Lot Coverage
Min. Lot Width
Max. Building Height
Min. Front Yard Setback
Min. Side Yard Setback
60%
60’
35’
20’
interior: 5’
22%
See PUD Compliance Table
26’2”.
See PUD Compliance Table
See PUD Compliance Table
Min. Rear Yard Setback
street side: 10’
10’ See PUD Comnliance Table
Second dwelling units in the RD-M Zone are required to comply with the same development
standards as primary units. In the project proposed, the second dwelling units are attached to the
primary units, occupying a portion of the second stories (above the garages). The second
dwelling units comply with all applicable requirements of the RD-M Zone. (See Sections D and
G of this report for further discussion of the proposed second dwelling units.)
D. Q (QUALIFIED OVERLAY) ZONE/SITE DEVELOPMENT PLAN (SDP)
In addition to the RD-M Zone, this site is also governed by the Q Overlay Zone. Development
of more than one single-family residence on property in the Q Overlay requires approval of a Site
Development Plan (SDP). This plan must show the plotting of homes on the lots, heights of
structures, architectural elevations, and floor plans, and the SDP application complies with these
requirements.
Any affordable housing project is also required to have an SDP. This project is required to
provide 4.35 affordable units. The applicant has designed the project to include four second
dwelling units to be attached to the primary units on Lots 10, 14, 20, and 21. The second units
contain a total of 393 square feet each and occupy a portion of the second story of each of those
primary units (above the garages). Each second unit has a private entrance.
E. PLANNED UNIT DEVELOPMENT (PUD)
The proposed project design complies with the PUD regulations in some respects but does not
comply in all respects. The table below summarizes the development standards contained in the
PUD regulations and the standards incorporated into the proposed project design. The items in
bold in the right-hand column are the areas in which the project does not comply with the
required standards. These areas of non-compliance are discussed in detail following the table.
The second dwelling units are also required to comply with the applicable requirements of the r * u
- . . . CT 96-04/PUD 71(B)MIjl ;r6-04/SDP 96-07 - BROOKFIELD ML&OWS
NOVEMBER 6.1996
PAGE 6
PUD ordinance, including lot sizes, setbacks, frontages. and building height. The proposed
second dwelling units are designed as a part of the primary units and comply with these
requirements.
PLANNED UNIT DEVELOPMENT COMPLIANCE TABLE
1 sp uncov’d (tandem) (2n 2nd units: 1 sp cov’d or
1. Private
50,600 sf Total***
Storage Space
.I I. I r m ,. *. . . . . . . , ^. . 1 ne semacK IS measurea rrom me npnr-or-way tme In me case 01 pUDllC streets ana rrom me cage ot the drIveway. curb, or
sidewalk. whichever is closer to the structure. in the case of a private street or private driveway.
**The setback is measured from the property line.
***The PUD requirements for recreation area, RV storage. etc. do not apply to the 2nd dwelling units.
- --r.
.
. CT 96-04/PUD 71 (B)/HL, ~6-04/SDP 96-07 - BROOKFIELD MEADOWS
NOVEMBER 6.1996
PUD Non-compliance areas:
The following are the areas in which the proposed project does not comply with the requirements
of the PUD regulations.
la. The PUD regulations establish a requirement for a minimum distance between structures.
These regulations refer specifically to the distance between l- and 2-story structures and
between 2- and 3-story structures. The Planning Department relies on Administrative
Policy No. 16 in determining the minimum required distance between 2-story structures
when there are more than 10 such structures in a row. Also, City Council Policy No. 44
“Small Lot Single Family Guidelines” is utilized when reviewing such projects. This
policy defines the term “in a row” and includes additional design guidelines to be applied
to small lot single family projects. Applying these two policies, the minimum distance
allowed between structures on “A” Court would be 20’. The proposed project design
does not comply with this minimum requirement. The proposed project includes all 2-
story structures, with “A” Court containing more than 10 structures in a row. The
distance provided between these structures ranges from approximately 10’ to 15’ with
one exception: the distance between Structures 9 and 10, at the curve of the cul-de-sac is
22’. The majority of the structures are shown at 10’ apart. Therefore, staff believes that
the design is too intense for the site and the proposed lot sizes and results in a “crowded”
appearance which the required 20’ distance between structures is intended to eliminate.
lb. Council Policy No. 44 includes small lot architectural guidelines which would also apply
to the proposed small lot (~7500 square foot) project. These requirements are
summarized in the Architectural Guideline Compliance Summary table (attached). As
shown in that table, the proposed project complies with some of these requirements but
does not comply with Items 1, 3, or 5. The structures on Court “B” are two-story units
and there are three units in a row. However, these structures do not provide the single-
story building edge required (Item 1). Also, the project does not provide the single-story
building edges or the varied building planes required by Items 3 and 5. Therefore, staff
believes that the project design, in addition to being too intense for the site. also provides
too little architectural relief to reduce this effect. The proposed design appears both boxy
and crowded.
F. HILLSIDE DEVELOPMENT REGULATIONS
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 generally
complies with the Hillside Development regulations. The grading volumes are within the
acceptable amount, and the maximum slope height created will be 16’. Although the site meets
the criteria of a hillside site, the majority of the site consists of gentle slopes. The steeper slopes
are along the perimeter of the property. The table below summarizes the requirements of the
Hillside Development regulations and the way in which the proposed project design complies
with the requirements.
I b9
CT 96-04/PUD 71 (B)/HD, 96-04/SDP 96-07 - BROOKFIELD MEADOWS
NOVEMBER 6.1996
HILLSIDE DEVELOPMENT COMPLIANCE TABLE
Contour Grading
Roadway Design
Hillside Architecture
Provide a variety of slope
directions and undulation.
Follow the site contours.
Use terraced pads and/or
Existing slopes along
perimeter to remain.
Interior curvilinear street
provided.
Pads are stepped within the
Maintain natural slopes with
structures and roofs.
Decrease building mass with
The building area of the site
contains no significant slopes.
G. INCLUSIONARY HOUSING REGULATIONS
The proposed project would be required to provide 4 affordable housing units and to buy a .35
credit in the Villa Loma development to satisfy it’s affordable housing requirements. The project
is designed to provide 29 single family detached residences with an attached second dwelling
unit incorporated into four of those units. Each second unit contains 393 square feet each and
would have a private entrance. These units are contained within a portion of the second story of
the primary unit. Parking for the second units would be provided tandem in the driveways of the
primary units. Consistent with the Inclusionary Housing Ordinance, these second dwelling units
would be administered through an affordable housing agreement.
H. GROWTH MANAGEMENT
The proposed project is located within Local Facilities Management Plan Zone 6 in the Southeast
quadrant of the City. The impacts which would be created by this development on public facilities
and compliance with the adopted performance standards are summarized in the table below.
GROWTH MANAGEMENT COMPLIANCE
. . CT 96-04/PUD 71(B)/HDr 96-04/SDP 96-07 - BROOKFIELD MEADOWS
NOVEMBER 6.1996
PAGE 9
The approved 104-u& apartment project was approved prior to the adoption of Growth
Management regulations. Therefore, those 104 units were included as existing units in the
Citywide Plan. The proposed project reduces the total number of project units by 71. However.
in that the original 104 units were counted as existing units, the 71 unused units will not be
added to the excess unit bank.
I. ENVIRONMENTAL REVIEW
The project was reviewed under the California Environmental Quality Act (CEQA) and was
determined to have no significant environmental impacts. Therefore, a Negative Declaration was
issued by the Planning Director on August 26, 1996. The project qualifies as a subsequent
development to the City’s MEIR (MEIR 93-01) under Section 21083.3 of CEQA. The
environmental review also relied upon the MEIR for analysis of cumulative air and cumulative
traffic impacts. Therefore, a Notice of Prior Compliance has also been issued.
V. SUMMARY
After reviewing the proposed project, staff has concluded that the project is consistent with all
applicable policies of the General Plan but does not comply with all requirements of the PUD
regulations, Administrative Policy No. 16, and City Council Policy No. 44 (Small Lot Single
Family Guidelines). Because of these non-compliance areas, staff is unable to recommend
approval of the CT, PUD, or SDP. Although the project complies with the requirements of the
Hillside Development (HDP) regulations, the HDP cannot stand alone. Because staff believes the
project could be redesigned to be in compliance with all applicable regulations, we are
recommending denial without prejudice.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Planning Commission Resolution No. 3999
Planning Commission Resolution No. 4000
Planning Commission Resolution No. 4001
Planning Commission Resolution No. 4002
Planning Commission Resolution No. 4003
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Form
Architectural Guidelines Compliance Table
Reduced Exhibits
Full size exhibits “A’‘-“Q” dated November 6,1996.
- .
. BACKGROUND DATA SHEET
CASE NO: CT 96-04il’U-D 7 1 (B)/JIDP 96-04/SDP 96-07
CASE NAME: Brookfield Meaddws
APPLICANT: Okon Development Co.
REQUEST AND LOCATION: A 30-lot residential uroiect including 29 single familv detached units
[4 of which will include attached 2nd dwelling units). located on the south side of Xana Wav between
Corintia Street and Alea Road
LEGAL DESCRIPTION: Lot 224 & portion of Lot 223 CT #84-23 MaD No. 11241
APN: 223-021-18 & 223-353-27 Acres: 4.39 Proposed No. of Lots/Units: 30133
GENERAL PLAN AND ZONING
Land Use Designation: RM
Density Allowed: 4-8 (6) du/ac Density Proposed: 5.89 du/ac
Existing Zone: RD-M/O Proposed Zone: n/a
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements)
Zoning Land Use
Site RI&Q Undeveloped
North RD-M/Q Residential
South PU Undeveloped
East PC&OS Undeveloped
West PC Undeveloped
PUBLIC FACILITIES
School District: San Marcos Water District: Vallecitos Sewer District: Vallecitos
Equivalent Dwelling Units (Sewer Capacity):
Public Facilities Fee Agreement, dated: November 15. 1995
ENVIRONMENTAL IMPACT ASSESSMENT
IXI Negative Declaration, issued August 26. 1996
cl Certified Environmental Impact Report, dated
cl Other,
EB:bk
1
.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 114.73
Library: Demand in Square Footage = 61.19
Wastewater Treatment Capacity (Calculate with J. Sewer) 33
Park: Demand in Acreage = .229
Drainage: Demand in CFS = n/a
Identify Drainage Basin = D
(Identify master plan facilities on site plan)
Circulation: Demand in ADT = 330
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = 2
Open Space: Acreage Provided = n/a
Schools: SMSD
(Demands to be determined by staff)
Sewer: Demands in EDU 33
Identify Sub Basin = n/a
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD = 7.260
The project was approved prior to Growth Management for 104 apartment units.
The proposed project represents a reduction in the number of units, but will not
provide excess units for the bank.
-
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: CT 96-04/PUD 71 (B)/HDP 96-04/SDP 96-07
LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: RM
ZONING: RD-IWO
DEVELOPER’S NAME: Okon Development Co.
ADDRESS: P. 0. Box 577. De1 Mar. CA 92014
PHONE NO.: (619)755-7005 ASSESSORS PARCEL NO.: 223-021-18 & 223-353-27
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 4.39 ac
ESTIMATED COMPLETION DATE:
03/30/1994 06:50 61923;- 57 BOCUZOANDJ-~
nb! TR 613-‘755-f 1 - _...
PAGE 81
E
1
1
2
3
1
P. 3
City of Carlsbad
DISCLCSUAE STA7EMEN.r
APPUcAM-8 8TAmm w =L68u% - CERTAIN ~-t’d~ MIST8 o(J & MPUCAflONS wnrcn wll.L REOUHIE blsCClmONARY
BOARO, COMMISSION OR COMMfWEE ACl7ON ON ME PART Of ME CrlY COUNCL OR ANY APPOINTED i !
w Prim)
dowIng Information must k dlackaad:
* * . . . . . .
bf tha tmmo# WM 8ddf0~U~ of 1 ~WW& h8vhp r lb~+rl lnt~nt In the rpplidion. T Brookfield Owncr8' Asrociatmlb . . k.
a ppnbrofit mutual b8Pefi.t COW-
. :
ustfhon4muMdaddtomuaofdpuuM~ngMy tsmmhlp interm in WI@ poprrly if’wohtod.
1 benefit COUP-
,
If W W-n bdwltlM Pure Do (1) Of 12) 8bOW k I cOrp#rucnr Of PNWWS?lip, llsl thr name6 ar ~&U-SU of dl Jnchfd- OWtIhQ mo1. tnM 10% Ofthv rh8f48 h the ooqaoatlon or own@ any p&tnersh hkrsrt in mo palbmmhlp.
.
nurypmonlknWkdPunuudto(l)or~~k8nnrprom#gm~~ar~~t.~~nuru*u. amUe8 Of MY pown UUVlg 10 Omur of drw!or of M retbpdh ofgurk8tion w 88 h&o of b4MliCb;
Oltll4trurL
Rr&inld w t Association a nonvroflt mutual benefit COTP- . . teve Weston, Prasident of
03/30/1994 06: 50 6192s '57' BoaEzoAND~- 5 PAGE 02
17 '96 11:11 mla0dbv TEL 619-m P. 4 . -. -.w- . . ..m .- _.. . I .- . . . --
. .
Pag, 2
5. nnvr you had man than 8260 umth oGbuJrnu twwad with my mrmber of C&y statf, BONS
Commiulanr. Cemmittw 8nd Ciauncil within thr plirt bdvo mwmu? Ysr - NO a tf yeem ph8e lndhta pmon(r]
. PInanirctdlneda ‘4rylrIdwhkkm,~.joir*ueraura- IOn. eochl club, fmtrrlld 1 I
munieipalky,dmtrMff~pokk~suWWm, #ON oorpor-9 -0 '- rweiuerb w&-&--&pY - OcuJq. -y - -Jnty, dty cmmlnatlon amlng asa unr- 1
1 I
I
m: Altaoh add- pq.8 am necaawy,)
AZ&&>,>-= .i-&&L L/< /-- ” -
SiQfKitui of ownor/oato
/y&+- g??. y.,. :;.; L
--c&G8 of appk8nt/dnteT
Steven S. Weston. President for Brookfield Owners' Aaeoclation sjcveq 5. uhi&QrJl
Print or typo fume of owlw
Steven S. Weaton. President for
Brookfield Owners' Association
P~crrtypaMmeofBppiioAnt
Explanationa:
With respect to Number one, Applicant, the Brookfield Owners' Association states that it may have a financial interest if the proposed Brookfield Meadows development lis successfully annexed into the Brookfield Owners ' Association upon its completion. !I% financial Interest is primarily the probable decrease in membership assessment
obligationa.
With reepect to Number two, Owner. the Brookfiedl Owners' AEiSOCiatiOn state6 that.lt 'may be an Owner if the propooed Brookfield Meadows development 16 successfully
annexed into the Brookfield hers Association. The Ownership intereac would be
primarily limited to the new common maintenance arears which the Brookfield Owners’ Amoclotioa would be responsible to maintain if the Brookfield Headows development
18 annexed into the Brookfitld &mere' Association.
DISCLOSCRESTATEMENT
APOIJCAHT’S STArEYEw OF ~ISCLOSUAE OF CEinAiN OwNERSwtP ‘WEPESTS ON 4~ 4P~lC4flONS &UICW ,v,c, =E=~;;~
~iSC;i~IONAilY ACT:ON ON -E ?Am OF mE CTP, COUhC:L OR ANY 4PPOlIGEO BO4R0, COMMISSICh( CR CCMM;-EE
=‘~dfa J-m
Tht !ollowlng information must be disclosed:
1 Aoolicsnt p::‘: 7 ; .; ‘_“,;
List the names and addresses of all persons having a financial interest in the application OKONDEiVEUPMEK CO P.O. BOX 577
DEL MAR. CA 92014
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved. EoGEcRE!xc-,LTD P.O. BOX 577 DEL MAR, CA 92014
3. If any person identHlod pud to (1) or (2) above is 8 corporation or putnership, list the names ar
addresses of all individutis owning more than 1096 of the sh8rea in the corporation of owning any partnersC:
interest in the oWnership. IRVING 'JKOVITA ALFREPSALM
POST OFFICE BOX 577 1440 ScARBoRo RD. DEL MAR, CA 92014, -, QuEBnc, H3P251
.
4. If W ~@nOn idontMod punuurt to (1) or (2) above ie a non-prom orgmhtlon or a trust, list the names an
addresses of any person s@wing a8 offkor 01 director of the non+roflt o&nizatlon or as trustee or beneficlar , . ofthetnut. .
FRM 13 4/91 - .
2075 Las PaImu Drive - Carhbrd. Californir 9200914859 l (619) 43.8.1161
.
Disc/osure Statement
:Cvef)
Page 2
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EXHIBIT 5
4. CT 96-04/PUD 71(BI/HDP 96-04/SDP 96-07 - BROOKFIELD MEADOWS - Request for
recommendation of approval of a Negative Declaration and Planned Unit Development
Amendment; and request for approval of a Tentative Tract Map, Hillside Development Permit and
Site Development Plan to develop 29 single-family dwelling units and 4 second dwelling units
(attached), on property generally located on the south side of Xana Way between Corintia Street
and Alga Road.
Chairman Compas announced to the applicant, Commissioners and the public that if the Commission
recommends approval of this item, it will be fowarded to the City Council for its consideration.
Chairman Compas opened the public hearing.
Project Planner, Elaine Blackburn began her report by giving a brief review, including some of the history,
of this project. She spoke of this project as originally having been a part of a larger project in the early
1980’s; the bulk of which was then approved, amended and developed, leaving approximately 4.39 acres
still undeveloped. This smaller portion was to be used for a one hundred and four (104) unit apartment
complex but that project was never built. Ms. Blackburn stated that the applicant is now requesting to
amend the PUD to allow the apartment site to be developed with small lot, single family residential units.
After reviewing the project, Staff concluded that they cannot recommend it for approval as it does not
comply with all of the requirements of the PUD ordinance as clarified by the Planning Department
Administrative Policy 1716 (requiring a minimum of twenty feet of separation between structures where
there are more than ten such structures in a row) and the City Council Policy #44 (requiring adequate
architectural relief). However, Staff does believe that the project could be re-designed to better comply
with the two (2) policy areas discussed, and therefore is recommending denial without prejudice. Ms.
Blackburn pointed out that “denial without prejudice” would allow the applicant the opportunity to make
some changes to the plan and come back with another application prior to the one (1) year waiting period
that would be imposed with a normal straight denial. Referring to the Staff Report, Ms. Blackburn
concluded her presentation by indicating that the project includes three (3) permit requests to be decided
by the Commission and two (2) permit requests to be decided by the City Council.
Chairman Compas invited the applicant to step fonnrard.
MINUTES
iv-
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, - PLANNING COMMISSION November 6, 1996 Page 5
Nick Banche, Attorney at Law, 715 Pier View Way, Oceanside, CA., representing the Okon Development
Co., and Irv Okon, President, began his presentation by pointing out that fourteen (14) of the twenty-nine
(29) planned units are four (4) bedroom homes; not three (3) bedrooms as stated earlier. Mr. Banche
suggested that rather than look at the two areas of supposed non-compliance (as pointed out by Staff) the
Commission should be looking at the fact that this project is in total compliance with every other
requirement set forth by the City of Carlsbad and therefore should be given every consideration toward
approval of this request. Further, Mr. Banche pointed out that the neighboring residential area
homeowners are especially supportive of a single family project as opposed to the original plan for an
apartment complex.
On the subject of compatibility, Mr. Banche pointed out that there are several forms of compatibility and
went on to discuss some of them. He spoke about the project being legally compatible but not necessarily
within the “policy guidelines”. He advised that “policy guidelines” do not reach the dignity of subdivision
ordinance requirements and therefore this Commission has the ability to disregard that policy. Mr.
Banche alluded to the fact that staff was obligated to point out the deficiencies, just as he, the
representative of the applicant is obligated to point out the fine points of the plan and if the Commission
denies this request, he would have to consider it a “soft” denial. He also addressed the subject of the
architectural guidelines by saying that the project complies with 75% of the requirement and could be
made to satisfy 99% of the requirement, but only at a cost of livability in return for questionable aesthetics.
Mr. Banche told of having met with several of the homeowner’s from the neighboring subdivision and their
views regarding the building of this project. He said that they were immediately in favor of single family
homes and the fact that this project would hook into their common areas and help with association fees.
He also said that they expressed their opposition to having rental units built but most of all. they were very
specific about not wanting any houses built that would sell for less than their houses would sell for.
Mr. Banche spoke of Architectural Guideline # 3 and the 40% requirement. He pointed out that it is not
possible to reach the 40% requirement without “doing violence to the livability of the house”. To show how
hard the applicant has worked to comply, Mr. Banche pointed out that they have amended their
application and made architectural changes. Mr. Banche concluded by saying that the Commission may
disagree on the desirability of the project but asked them to, “please, don’t disagree and feel that this
applicant hasn’t tried very hard to submit a project that ought to be approved.”
Commissioner Monroy expressed his concern for the ‘second dwelling units” and asked if the applicant
would be willing to move the outside stairway to an inside location for better protection from the rain. He
also asked if there has been any provision made for laundry facilities in those second dwelling units?
Ken Discenza, Engineer, Site Design Associates, Inc., 7864 La Mesa Blvd., #201, La Mesa, CA 91941,
responded by pointing out that there is a provision for a washer and dryer in the front part of the garage,
for the main unit, and an area under the stairwell (outside) that could be used as a laundry area. As for
moving the stairs; Mr. Discenza pointed to the roof overhang which partially covers the stairs and said that
the overhang could be extended a little more. However, relocating the stairs would be impossible; there
simply is no available room. Mr. Discenza also pointed out that there is a closet, next to the pantry in the
kitchen, in the second unit where a “stackable” washer and dryer could be located.
Commissioner Welshons asked Ms. Blackburn what the maximum allowable square footage is for second
dwelling units and was given a figure of 640 square feet. It was also added that there is no minimum
square footage for a second dwelling unit.
Commissioner Heineman asked Mr. Banche why the applicant has to fit twenty-nine (29) homes into this
subdivision.
MINUTES 8s’
PLANNING COMMISSION November 6, 1996 Page 6
Mr. Banche replied that the applicant had originally planned for thirty-five (35) homes in there and in the
process of trying to bring the project into compliance, reduced the number of homes to twenty-nine (29).
He added that if his client would be required to drop one (1) or two (2) more units, he would lose money.
Commissioner Heineman questioned the statement that the applicant would lose money if he reduced the
number to twenty-seven (27) or twenty-eight (28) units and asked how other builders made money when
they have had to reduce the number of units in their projects.
Mr. Banche answered that in most cases, builders are probably not faced with a situation of having a lot
that is approved for apartment units and then try to accommodate the desire for single family, detached
homes.
Commissioner Heineman stated that he is puzzled by the fact that the applicant is approaching the
Commission, asking for approval on a plan where there is 25% less distance between the structures than
what the regulations call for. He then asked why they even considered approaching the Commission with
a plan so “grossly out of regulation”.
Mr. Banche disagreed with Commissioner Heineman’s characterization and asked that he ask himself to
determine the purpose of the guidelines and then ask if it is a question of safety or a question of
aesthetics. He went on to state that he believes that Staff would agree that the spacing is a question of
aesthetics and the whole purpose is to prevent the houses from looking like row-houses. He then pointed
out that these houses do not look like row-houses because of the architectural treatment and that every
effort was made to provide an aesthetically pleasing project and satisfy the prohibition that the guidelines
were designed to provide.
Commissioner Heineman pointed out that there are many builders in Carlsbad, all the time, obeying what
Mr. Banche says does not have the force of law and questioned why Mr. Banche’s client can’t do the
same.
Mr. Banche replied by stating that he has to take his client’s word regarding financial viability and he has
no reason to disbelieve him when he says that he can’t afford to lose a house. After all, he pointed out,
his client has already given up one hundred and four (104) units for twenty-nine (29) units and deserves
some credit for attempting to make this a viable alternative. Mr. Banche also pointed out that in the past,
the Commission has disregarded the policy in question and that the policy is not sacrosanct. He stated
that he is simply asking that the Commission weigh gJ the considerations and make a determination (in
good conscience) as to whether or not it can ignore it this time.
Commissioner Noble asked why the builder can’t move the second story off a bit, in order to meet the
requirements and was told that by doing so, there may be an aesthetic gain but there would certainly be a
livability loss. He then asked what the basic formula is for the number of requirements for four (4)
bedrooms.
Mr. Banche asked Mr. Discenza to answer Commissioner Noble’s question.
Mr. Discenza stated that there are three (3) floor plans. Plan No. 1 has three (3) bedrooms on two (2)
stories. Plan Nos. 2 8 3 are very similar with four (4) bedrooms. The No. 2 plan is the one with the
affordable housing unit where the fourth bedroom has been separated from the rest of the house and
made into the “Granny Flat”. Plan No. 3 is the one that can possibly be modified. It has four bedrooms
and in order to change the height of the roof, half of the master suite would be lost and it would be
necessary to use the space designated for the fourth bedroom to add to the master suite. The result
MINUTES , - s9
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PLANNING COMMISSION November 6, 1996 Page i
would be another floor plan with only three (3) bedrooms. Mr. Discenza explained that by making that
house a three (3) bedroom, they could satisfy the policy but the end result would be that all the houses
would become three (3) bedroom units, except the four (4) with the affordable units. He went on to point
out that since this is a family oriented project, compatible with the adjoining neighborhood, it is reasonable
to believe that there should be four(4) bedroom choices as opposed to all three (3) bedroom plans. In
addition, if the fourth bedroom is eliminated, it follows that the price of the house will also have to be
lowered causing an additional loss to the developer. Mr. Discenza also made reference to the washes of
the neighboring homeowners by recounting their suggestions to not only match their architectural features
and design but to build homes that will be equal in value to their homes and not be likely to reduce the
value of their homes. Mr. Discenza also explained that if they dropped all of the units to three (3)
bedrooms (as opposed to threes and fours) then they will be lowering the overall income of the project. In
order to meet the guidelines, nine (9) of the twenty-nine (29) units would have to be changed from four (4)
bedrooms to three (3) and the resulting price differential would basically make the project economically
unfeasible. The same applies to the idea of dropping a lot. In planning this project, they tried to keep the
prices in line with the rest of the neighborhood while at the same time keeping the square footage, the
number of bedrooms in the houses, the square footage of the lots, the color schemes, etc., all comparable
to those existing homes.
Commissioner Noble commented that he appreciates the fact that the applicant wishes to maintain the
standard of the houses and ensure that they do not degrade the neighborhood but the fact is that if those
houses were being built today, they would not be able to conform with today’s requirements because the
rules have changed.
Chairman Compas opened the public testimony.
Steve Weston 6830 Via Marinero, Carlsbad, President of the Brookfield Owners Association, began his
testimony by stating that Association Board as well as individual homeowners, are very pleased with the
Brookfield Meadows plan as it has been presented to them and to the Commission. Mr. Weston
expressed their support and encouraged the Commission and the City Council to approve the project.
Chairman Compas asked Mr. Weston if he, or those he represents, are concerned about the lack of
enough of a second story setback.
Mr. Weston responded that he feels that the front setback is more than adequate and is very similar to
what his neighborhood has. He also endorsed the architectural relief that has been provided for the rear
of the houses and made a favorable comment regarding the setback distance from the public sidewalk to
the garage doors which, in his opinion, is a very important factor.
Commissioner Savary asked Mr. Weston how his homeowner’s association feels about sharing their
recreational facilities.
Mr. Weston replied that the homeowners look forward to another twenty-nine (29) homeowners to help
with the expenses and they have plenty of room for them. He added that it is also possible that with the
additional financial help, perhaps they will be in a position to make some improvements.
Commissioner Nielsen asked how many homes are currently in Brookfield Meadows and how long Mr.
Weston has lived there.
Mr. Weston answered that there are two hundred and twenty (220) and that he has lived there for four (4)
years.
MINUTES
90
. PLANNING COMMISSION November 6, 1996 Page 8
Commissioner Nielsen then asked Mr. Weston if, when he moved into BrooMteld Meadows, he had been
aware that a one hundred and four (104) unit apartment complex was planned for that area.
Mr. Weston explained that he had known about the apartment complex because it had been included in
the C.C. & R’s as the last phase of Bi-ookfield. However, no one felt that it would ever be built because
some of the existing condos in the area are still vacant and have become economic disasters.
Kari Yem, 6851 Xana Way, Carlsbad. Ms. Yem lives in the house immediately next to this project and IS
the Vice President of the Brookfield Owner’s Association. She pointed out that one of the reasons she
and her fellow residents are in favor of the twenty-nine (29) new homes, is that there will be less traffic
than there would be if a large apartment complex were to built there. She stated that she has owned her
home for two (2) years and, she too, had been told about the apartment complex but also felt that it would
never be built. She also added that if the apartments had already been there, she probably would have
bought somewhere else.
Mr. Banche once again addressed the Commission and pointed out that his client had done everything he
could possibly do, within reason, to accommodate the City. He made a brief summation and again asked
the Commission to weigh the aesthetic gain against the livabilits, burden and to also consider asking Staff
if you (as a body) have the power to override the “,guidelines”.
Chairman Compas asked Mr. Banche if he could provide the Commission with documented findings, as
they relate to this project, and what findings would he recommend.
Mr. Banche responded by saying that he could provide such findings but felt that it would be more
appropriate for Staff to provide them. He did say however, ‘I think that the basic finding that the project
promotes and satisfies essentially the spirit of the policy and that it promotes the health, safety and
welfare of the population.” Mr. Banche then informed the Commission that if they agree with what he has
said in this meeting, to please not let findings bother them because, as a lawyer, he is sure that this one
could not be attacked successfully on the basis of inadequate findings. He then reminded them that they
are talking about a policy not a legal requirement of an ordinance.
Chairman Compas closed the public testimony and opened Commission discussion
Commissioner Welshons asked Ms. Blackburn to elaborate on the policy concerning the “number of
houses in a row” and,“the distance between each home”.
Ms. Blackburn explained that the PUD ordinance identifies minimum required distance between
structures, for certain types of structures. It refers to one (1) story, two (2) stories, etc., but does not
address all the possible combinations of stories. Therefore, the City has Planning Administrative Policy
No. 16, which says that when you have two (2) story structures and you have more than ten (10) in a row,
you have to provide twenty (20) feet between structures.
Commissioner Welshons asked if that policy only applied to house #lO and house #Ill.
Ms. Blackburn’s answer was “no”, that it is intended to provide distance between all of those structures,
Chairman Compas inquired; if there were only nine (9) structures, what would the distance between them
have to be?
Ms. Blackburn responded by saying that if they were all two (2) story, she believes the distance to be
fifteen (15) feet, under the PUD. She also said that she thought there may be a gap there and the PUD
MINUTES 91 ’
PLANNING COMMISSION November 6, 1996 Page 9
does not specifically address two (2) story structures; it talks about two (2) AND three (3) story
Assistant Planning Director Gary Wayne advised that the PD ordinance does not address less than ten
(10) structures in a row. He went on to say that under the policy, if you have ten (10) in a row, the
minimum between a two (2) story and a one (1) story is f&en (15) feet; two (2) and three (3) story IS
twenty (20) feet; it is silent on the distance between two (2) and two (2); and the distance between a one
(1) story and a one (1) story is ten (10) feet. Regarding structural separation, Mr. Wayne also explained
that the PD ordinance is really silent on it except that you generally need a minimum of five (5) feet for
positive drainage on the side of a house. By adding together the five (5) feet from each house, the ten
(10) foot distance is accomplished.
Ms Blackburn continued by pointing out that if you refer to the Small and Single Family Guidelines, which
is City Council Policy No. 44, you will find that it specifically defines what constitutes ten units in a row. It
specifically says that the structures are in a row until there is a 90” turn or an intersection and any curve
less that a 90” curve does not constitute an adequate break and is still considered to be in a row.
Commissioner Welshons, referring back to the PD ordinance, interpreted its meaning as: they meet the
PD ordinance because it is silent on two (2) story units, side by side, and they meet the minimum distance
of ten (10) feet. She then asked if Staff is falling back on the Small Lot Council Policy that is more specific
regarding two (2) story houses, side by side, as needing twenty (20) feet between them.
Ms. Blackburn responded by saying that Staff is relying on both Policy No. 16 and Council Policy No. 44.
She explained that Council Policy No. 44 identifies what degree of curvature in a street or intersection in a
street constitutes not having units in a row and it says that units are in a row until you come to a 90”.
Commissioner Welshons pointed out that when you go back to Policy No. 44 the PD ordinance still
doesn’t say “two (2) story units.”
Ms. Blackburn agreed and said that that is where they rely on Planning Department Administrative Policy
No. 16 for the twenty (20) foot requirement between two (2) story units when there are more than ten (10)
in a row.
Commissioner Savary asked if there are various elevations within the project site and was given an
affirmative answer. Additionally, she asked if the variation in elevations would have any effect on the
aesthetics and would help give the sense that its not all on a ftat and the same on both sides of the street.
Ms. Blackburn answered that the changes in elevations are not great and there is no specific allowance in
the policy that would direct that those elevation changes would be a factor. Commissioner Savary pointed
out that both sides of the street are not the same.
Commissioner Noble asked to have Assistant City Attorney Rich Rudolf expand on Mr. Banche’s
statement regarding policy versus guidelines.
Mr. Rudolf replied that Section 21.45.090 is entitled Development Standards. And a standard is a
standard - its not a policy, its not a recommendation, its not desirable, its not preferred, its a standard.
That means you have to meet it. It can’t be waived unless there is provision for waiving it, like provisions
for affordable housing or in some other way, or a variance. That’s the “hard” part. The “easy” part is
guidelines. You have guidelines in the landscape manual and design manual, and those are
recommended or preferred but they are usually set out in an array of choices with a level of ascending or
descending preferability. But, any of them are O.K. and they are only guidelines and they can all be
waived or not met, and they are still O.K. Undermining that clarity of distinction between “standard” and
MINUTES 93
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PLANNING COMMISSION November 6, 1996 Page 10
“guideline,” you have this language with regard to the design guidelines manual in Section 21.45.075
which says, “no project which is inconsistent with the design guidelines shall be approved”, which nicely
confuses the matter by raising the guidelines to the level, almost, of a standard. So, where do you draw
that line? Mr. Banche will then argue, “a guideline is a guideline - you can waive it - you can throw is out -
its just something to give you a direction and give you a focus. And you try to get there but if you can’t get
there, and there are good reasons for not getting there, its O.K.” And in most instances, that’s probably
O.K. And here we are applying a departmental policy and City Council adopted policy to interpre) an
ordinance which establishes a standard. So, you’ve got it about as confusing as you can possibly get, to
try to come up with something you can hang your hat on. I think there’s enough flexibility there because
of the confusion, the overlapping of the language, the imprecision of it, that you could go either way and
you could find that the Staff and the Council’s interpretation of the standard are just policy matters and
that they are flexible enough to be bent, not met, gotten close to but don’t have to be absolutely met. If
you do that, you can still meet the standard. Or you can conclude it is a true standard and it has not been
met. I think it is in the Planning Commission’s purview to make the initial call as to what you think that
standard is. Does the guideline get raised to a standard, and therefore the Staff interpretation that where
the ordinance is silent you fill in with this past-administrative interpretation and practice, and the courts will
honor it, if its reasonable. If it says twenty (20) feet, its twenty (20) feet, and if that’s what you conclude, a
court is probably going to buy that. If you conclude its a guideline, its guidance, its flexible, we can waive
it, we can modify it, its not absolutely binding and that’s your belief and your conclusion, I think a court will
follow that too.
Chairman Compas stated that his interpretation of what Mr. Rudolf had just said is that if the Commission
wants to approve this project, that they can come up with findings that will support it.
Mr. Rudolf agreed with Chairman Compas’ interpretation.
Commissioner Welshons expressed her uneasiness with the staff report and the confusion has left her
feeling very uncomfortable. She said that she understood that they could go in either direction but
because of all the confusion she does not feel confident in going in either direction.
Chairman Compas reassured Commissioner Welshons that they could be comfortable, either way.
Commissioner Welshons replied that she may feel comfortable, but she would have to lay some ground
work if she is going to make a finding in the other direction.
Chairman Compas stated that whatever direction they decided to go in, they would be able to come up
with findings that support them.
Commissioner Welshons said that her unrest is not only with the findings but with the differences between
the policy and the standard, unless there’s another version of the same interpretation.
Commissioner Nielsen stated that it is his understanding that it is legally defensible, either way, therefore
they can be comfortable no matter which way they go.
Commissioner Noble, asking Mr. Rudolf for a “yes” or “no” answer, made an analogy and was given a
“YES” answer.
Commissioner Monroy again voiced his concern over the fact that there is not a specific place for a
washer and dryer in the second dwelling unit and also about rain protection over the stairway. He pointed out that if the closet is used for a stackable laundry pair then the closet probably won’t meet the standard.
He also pointed out that the closet in question is not indicated on the plans.
MINUTES 73 .- i
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. PLANNING COMMISSION November 6, 1996 Page 11
Mr. Discenza stated that it is his opinion that it is possible to put a stackable washer and dryer In there
and still have a decent sized wardrobe.
Commissioner Heineman commented that it is his impression that this project came very close to approval
and this is why Staff is recommending denial without prejudice and asked what it would take for it to meet
the regulations. He continued by asking if the houses must be twenty (20) feet apart, if the project must
be architecturally redesigned, and if there is a middle ground where they could meet and obtain approval.
Ms. Blackburn stated that given the non-compliance, it would be very difficult fdr Staff to come forth with a
fully comfortable recommendation of approval. A recommendation of approval, typically, comes when a
project meets each and every criteria, She did say that they were very close in many respects.
Chairman Compas opened Commission discussion.
Commissioner Noble, speaking for the record, reported that he had talked with Mr. Banche on Tuesday,
November 6, 1996, and that Mr. Banche had asked him if he had any problems with the project. He went
on to say that he told Mr. Banche that he had ‘heartburn” with the box type thing but that was basically
the sum of his concerns with the project. He then stated that he thinks it is a good project even though
there are some small problems with it. He pointed out that in view of the economy of the day and the fact
that there has been a cry for more four (4) bedroom homes, he is of the opinion that the Commission
should overlook those things they are empowered to overlook and approve the project. He then voiced
his support for the project.
Commissioner Welshons voiced her appreciation to Commissioner Noble for raising the questions for Mr.
Rudolf and helping to clarify some points. As a result, she agreed with Commissioner Noble’s
assessment of the situation. She continued by saying that in using their discretion, the Commission is
saying that this project meets the spirit of the Planning Department Administrative Policy No. 16 and
Council Policy No. 44. Ms. Welshons summarized the testimony of the evening and announced that she
would vote for approval.
Commissioner Heineman voiced his concern regarding the quality of the second dwelling units and the
distance between the units and said he could not see where any minor changes could be made. He
stated that it is his opinion that they need to reduce the size by one or two lots in order to create the
twenty (20) feet between each house and as it stands now, he cannot vote for approval.
Commissioner Monroy made known his concern for setting precedent. Once again he said that he was
not happy with the fact that the second dwelling units do not have specific laundry areas and that the
stairways are not adequately protected from the elements and in inclement weather could be considered
unsafe. He spoke of his dislike for the architectural look of the homes. Mr. Monroy also stated that the
Planning Commission does not make policy and if policy is to be changed, it will have to be changed by
the City Council. He then stated that he cannot support the approval of this project.
Commissioner Nielsen disagreed with taking the apartment complex out and replacing it with single family
homes. His contentions is that currently there are no apartments in La Costa and if the City expects to get
affordable rental units someplace, they can’t approve rental projects and then not have them built. He
voiced his agreement with Commissioner Heineman regarding the distance between the houses and said
he could not vote for approval.
Chairman Compas recognized Assistant Planning Director Wayne.
MINUTES w
- -
PLANNING COMMISSION November 6, 1996 Page 12
Mr. Wayne said that if the desire of the Commission is to approve the project, it can’t actually be approved
at this time without Conditions for Approval. He advised that the Commission direct Staff to return to the
Commission with Conditions AND Findings for Approval. He also said that Staff would come back with
Findings based on the Commission’s discussion.
Commissioner Savary admitted that she is still not absolutely sure about this project but that she feels that
she should support Staffs recommendation for denial without prejudice, mainly because of the close
proximity of the houses.
Chairman Compas voiced his support for the project, with some reservations.
ACTION:
VOTE:
AYES:
NOES:
ABSTAIN:
Motion by Commissioner Heineman, and duly seconded, recommending
approval of the Negative Declaration issued by the Planning Director and
adopt Planning Commission Resolution No. 4000, 4002 & 4003
DENYING WllMOUT PREJUDICE CT 96-04, HOP 96-04, and SDP 96-
07, and ADOPT Planning Commission Resolution No. 4001,
RECOMMENDING DENIAL WlTHOUT PREJUDICE of PUD 71(B)
based on the findings contained therein,
4-3
Monroy, Nielsen, Savary and Heineman
Compas, Noble and Welshons
None
Chairmen Compas closed the public hearing and thanked all who had participated.
h
Chairman Compas closed the public hearing and thanked Ms. Blackburn for performing “yeoman’s duty”
this evening.
ACTION: Minute Motion, by Commissioner Noble requested that, in an effort to
erase some of the confusion between City Council Policy No. 44 and
Planning Department Policy No. 16, that the City Council help Staff look
into some means or method of trying to get these items a little closer
together. Also, would the City Council entertain the possibility of
considering that the setback requirements, in a tiered project where the
houses have varying degrees of setback, be used in consideration of
approval.
.
Commissioner Welshons stated that her understanding of the Minute Motion is that it is, basically, asking
Council to provide more clarification on the Planning Department Administrative Policy and the City
Council Policy.
Commissioner Noble confirmed that Ms. Welshons was correct in her understanding and further detailed
the reasons for the motion. He specifically alluded to the confusion brought about by the policies and
standards regarding one (1) and two (2) story; three (3) and four (4) bedroom homes.
The motion was not seconded and therefore no vote was taken.
Chairman Compas also asked the Planning Department to look into somehow correcting the “silent” PO
Ordinance regarding the spacing between two (2) story homes and whether or not there should be a
minimum of twenty (20) feet between them.
Mr. Wayne stated that the Planning Department has already spent considerable time on this subject and
have concluded that their interpretation is a “reasonable interpretation of the standard.”
Commissioner Welshons suggested that maybe the Commission needs to have another “workshop”
where they.can possibly iron out some of these problems.
Mr. Wayne reminded the Commission that the last time they had a workshop, they asked the Planning
Department to go to the Council with these same questions. He went on to recount the fact that they had
taken this issue to Council and Council told them to look at the ordinance and then told Staff that
everything is fine.
Commissioner Nielsen suggested that the Administrative Policy be modified by the Planning Director.
Mr. Wayne repeated the Planning Departments interpretation and inferred that there is no need for
modification.
Commissioner Nielsen cited that there is no standard and therefore it is not enforceable.
Mr. Rudolf interjected here and said that what he was hearing from the Commission is that they want
clarification from the City Council as to what the Council wishes the standard to be, in the ordinance, as
MINUTES 9c I -i
-
PLANNING COMMISSION November 6, 1996 Page 17
.opposed to leaving this hole that the Commission and the Staff have to grapple with.
Mr. Wayne further pointed out that the Commission could pass a simple resolution of intent, as well, to
amend the PO ordinance.
Mr. Rudolf agreed that was all his (Commissioner Noble’s) motion was, a minute motion to request the
Council to give the Staff direction with regard to reexamining the policies (one the Staff policy and one the
Council Policy), and I suggest that you include a potential amendment to Section 21.45.090(b)(5)
Commissioner Welshons seconded Commissioner Noble’s motion as phrased by Attorney Rudolf.
Commissioner Monroy asked if Commissioner Noble and Welshons would include in their motion, an
acceptable minimum regarding a second dwelling unit. He indicated that this is really a policy decision but
pointed out that while there is a maximum, there is no minimum as there should be.
Following discussion it was agreed to split the second dwelling unit minute motion off as a second
unrelated item. Chairman Compas called for a vote on Commissioner Noble’s motion, as phrased by
Assistant City Attorney Rudolf.
VOTE: 7-o
AYES: Compas, Nielsen, Monroy, Noble, Savary, Heineman and Welshons
NOES: None
ABSTAIN: None
Commissioner Monroy moved that the Commission adopt a minute motion requesting the Council to
establish a “minimum” size for second dwelling units.
Chairman Compas seconded the motion and called for a vote.
VOTE:
AYES:
NOES:
ABSTAIN:
7-o
Compas, Nielsen, Monroy, Noble, Savary, Heineman and Welshons
None
None
-
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
DATE:
Mitg af (IInrlabab
EXHIBIT 6
TELEPHONE
(619) 434-2808
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I.
TO:
FROM:
RE:
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THE.ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
The appeal of the above matter should be scheduled for the'City Council
Meeting of .
Signature Date
98 ‘,
L
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Project Name and Nut&r (or subject of appeal): .
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Oate of OeclsIon: p(i'b-&c ,- L. i4:G - ---
Reason for Appeal:
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1200 CARLSBAD -ILLAGE Ddiifk
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CARLSBAD, \. .dFORNIA 92008
43412867
REC’D FROM z&J c. ~/Kw& DATE /. / / 2 74
ACCOUNT NO. DESCRIPTION I AMOUNT
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RECEIPT NO. 34491 NOT VALID UNLESS VALIDATED BY TOTAL (
@ Prinledorirecyck.dplpcr CASH REGISTER
PROOF OF PUBLIC, -3N
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
August 22, 1997
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
San Marcos Dated at California, this -day
nf August, 1997 -.
NORTH COUNTY TIMES
Legal Advertising
This space is . the County Clerk’s Filing Stamp
Proof of Publication of
Notice of Public Hearing
------------s-------s-----
-----------------B---B----
, ., your in6srest may, be-, that apublkhemingattheCilyCouncil i&vtsbM, t2aW0m& at 6~06 p.m., on
M224endaportionofLot223.Ca~TredNo.8rl-23,inthe cilyof-,l?nmlydBanoieigo,StateofCawfomii, F-baWA. ~1241, readfd in the Ofke d the
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APPLlcAm okonDevslopment
wuseADciTYcouNcJL
. . . . c
(Form A)
TO: CITY CLERK’S OFFICE
FROHt PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached arc the materials necessary for you to notice
CT g6-04/puD ~~(B)/HDP 96-04/SDP 96-07 - Brookfield Meadows
for a public hearing before the Clty Council.
Please notice the item for the council meeting o
.
Thank you.
Assistant City Man
July 2& 1997
Date
Labefs for Brookfield Meadows SAN MARCOS SCHOOL DIST
71(B)/HDP 96-04/SDP 1 CIVIC CENTER DR
SAN MARCOS CA 92069
SD COUNTY PLANNING
STE B
5201 RUFFIN RD
SAN DIEGO CA 92123
VALLECITOS WATER DIST
788 SAN MARCOS BLVD
SAN MARCOS CA 92069
REGIONAL WATER QUALITY
SUITE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
SD COUNTY PLANNING
SUITE B
5201 RUFFIN RD
SAN DIEGO CA 92123
SANDAG
SUITE 800 t
400 B STREET
SAN DIEGO CA 92101
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
VALECITOS WATER DIST
788 SAN MARCOS BLVD
SAN MARCSO CA 92069
CALIF DEPT OF FISH & GAME
SUITE 50
330 GOLDENSHORE
LONG BEACH CA 90802
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024 1
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
JANET & THOMAS MASS
2851 TORRY CT
CARLSBAD CA 92009
(ABOVE ADDRESS - For City
Council Notices Only}
CITY OF CARL-
JE‘NNA 'GROUP INC 3103 VILLA WAY NEWPORT BEACH CA 92663
PATRICK & SHANNON CORRILL JOANNE CLANCY 6821 XANA WAY 6823 XANA WAY
CARLSBAD CA 92009-6029 CARLSBAD CA 92009-6029
CAROL APGAR JOHN & BINA KOZAK
6827 XANA WAY 6829 XANA WAY CARLSBAD CA 92009-6031 CARLSBAD CA 92009-6031
ROBERT FITZGERALD
6825 XANA WAY
CARLSBAD CA 92009-6031
ROBERT & LORA WITTON
6831 XANA WAY CARLSBAD CA 92009-6031
RICHARD SALPIETRA
6833 XANA WAY
CARLSBAD CA 92009-6031
SUSAN HENWOOD DEAN & NICOLA JOHNSON OLD RECTORY 6837 XANA WAY WEST COMPTON DORCHESTER CARLSBAD CA 92009 DORSEY DTZOEY ENGLAND
FELIX & JOSEPHINE BUCELLI PAOLO FRESO MICHAEL & KAREN SPOHR 6839 XA.NA WAY 6841 XANA WAY 6843 XANA WAY CARLSBAD CA 92009-6031 CARLSBAD CA 92009-6031 CARLSBAD CA 92009-6033
.--;, -
STEVEN & RHODA KNIGHT NICOLAS & CLAUDIA VAZQUEZ MICHAEL ARCHIBALD 602 NAVIGATOR CT 6847 XANA WAY 6849 XANA WAY CARLSBAD CA 92009-5402 CARLSBAD CA 92009-6033 CARLSBAD CA 92009-6033
MARC & CHRITIN VON MUSSER LISA BE 6851 XANA WAY 6848 XANA WAY CARLSBAD CA 92009-6033 CARLSBAD CA 92009-6032
JACK & MARY ARMSTRONG 6844 XANA WAY CARLSBAD CA 92009-6032
MICHAEL & LAURA STUBER 6842 XANA WAY CARLSBAD CA 92009-6032
MARK & LISA JAGELS
6846 XANA WAY
CARLSBAD CA 92009-6032
DAVID & MELISSA BOOKER 6838 XANA WAY CARLSBAD CA 92009-6030
I- -
fHOMAS GAASCH ;COTT MILLER
6834 XANA WAY CARLSBAD CA 92009-6030
16830 XANA WAY 'CARLSBAD CA 92009-6030
SHiNNOk BARON1 6836 XANA WAY CARLSBAD CA 92009-6030
WILLIAM & DIXIE JACOBSON 6828 XANA WAY CARLSBAD CA 92009-6030
TONI DECARLO
6822 XANA WAY
CARLSBAD CA 92009-6028
MARK & DEBRA FOSTER
6821 CAMINITO SUENO
CARLSBAD CA 92009-6006
THE BREHM FAMILY TRUST 2424 LA COSTA AVE CARLSBAD CA 92009-7301
MATTHEW & SARAH WILSON 6833 CAMINITO SUENO CARLSBAD CA 92009-6006
RICHARD TAMBURRO 6839 CAMINITO SUENO CARLSBAD CA 92009-6006
a-
KENNETH CLEMENS
6834 CAMINITO SUENO
CARLSBAD CA 92009-6005
GARY & CAMILLA MCCOOK 6828 CAMINITO SUENO CARLSBAD CA 92009-6004
RAUL & CATHERINE ROJAS
6820 CAMINITO SUENO CARLSBAD CA 92009-6004
BRANT & KAREN BASS 6826 XANA WAY CARLSBAD CA 92009-6030
GORDON & SUSAN BARNES
6824 XANA WAY
CARLSBAD CA 92009-6030
WADE & LYNN KONIAKOWSKY ALEC & MICHELLE STAPLES 6820 XANA WAY 6818 XANA WAY
CARLSBAD CA 92009-6028 CARLSBAD CA 92009-6028
RANDALL TJMPHLET ALLEN LEMARIE
6823 CAMINITO SUENO 275 LA COSTA AVE
CARLSBAD CA 92009-6003 ENCINITAS CA 92024-1110
K RANDALL MAURER LAWRENCE P SHEILA BULLOCK 1511 MARIA PL 6831 CAMINITO SUENO CORONADO CA 92118-2613 CARLSBAD CA 92009-6006
THOMAS & THERESE HAZELTON THE ANKENEY FAMILY TRUST 6835 CAMINITO SUENO 6837 CAMINITO SUENO
CARLSBAD CA 92009-6006 CARLSBAD CA 92009-6006
HAROLD & SANDY KALOOGIAN CHRISTOPHERSiJENNIFERBRILL 6838 CAMINITO SUENO 6836 CAMINITO SUENO
CARLSBAD CA 92009-6005 CARLSBAD CA 92009-6005
STEVEN KIM 6832 CAMINITO SUENO CARLSBAD CA 92009-6005
PATRICIA WILLIAMS 6830 CAMINITO SUENO CARLSBAD CA 92009-6005
MICHAEL & RUTH ANDERSEN STEVEN & SUSAN GOE 6824 CAMINITO SUENO 4367 MENSHA PLACE CARLSBAD CA 92009-6004 SAN DIEGO CA 92130
JOHN KINSTLE 6819 VIA MARINER0 CARLSBAD CA 92009-6013
ASHOK & SHEILA KHANIJOW 6821 VIA MARINER0 CARLSBAD CA 92009
h
DALE & TENA UMPHREY
6823 VIA MARINER0 CARLSBAD CA 92009-6013
STEVEN WESTON 6830 VIA MARINER6 CARLSBAD CA 92009-6014
DANIEL & PATTL HARNEY
6824 VIA MARINER0
CARLSBAD CA 92009-6014
WILLIAM NOTT 6835 VIA VERANO CARLSBAD CA 92009-6018
BROOKFIELD OWNERS ASSOC 2835 CAMINO DEL RIO S SAN DIEGO CA 92108-3825
ROSEMARIE BYE 6828 VIA MARINER0 CARLSBAD CA 92009-6014
JOYCE HECK
6822 VIA MARINER0
CARLSBAD CA 92009-6014
GERALD MYERS PO BOX 232283 ENCINITAS CA 92023-i283
RICHARD & MERRILY BOULT ALAIN LARCHER 1699 NEWPORT AVE 6847 VIA VERANO GROVER BEACH CA 93433-1825 CARLSBAD CA 92009-6020
THE GRAWIN FAMILY TRUST OLGA PILLAI
460 SANTA BARTOLA 6867 VIA VERANO
SOLANA BEACH CA 92075-1504 CARLSBAD CA 92009-6020
DANNY & MELINDA NEAL ANNY CHEUNG 6868 VIA VERANO 349 WILLOWSPRING DR N CARLSBAD CA 92009-6021 ENCINITAS CA 92024-3130
MELINDA IRELAND 6862 VIA VERANO CARLSBAD CA 92009-6021
GEORGE CHANG 34 ARCHER CIR
TAUNTON MA 02780-1164
BARBARA HANSEN 6850 VIA VERANO CARLSBAD CA 92009-6021
JOHN ADAMS 6826 VIA MARINER0 CARLSBAD CA 92009-6014
STEPHEN & LAURA SCHMUCKER 6831 VIA VERANO CARL&AD CA ,92009.-6018
SANG TRAN 6839 VIA VERANO CARLSBAD CA-92009-6020
STEPHEN GAGLIANO 6853 VIA VERANO CARLSBAD CA 92009-6021
MICHAEL JENKS
6870 VIA VERANO
CARLSBAD CA 92009-6021
RANDALL YEE 6864 VIA VERANO CARLSBAD CA 92009-6021
FRANK & APRIL MASKIEWICZ CONG DUC PHAM 6860 VIA VERANO PO BOX 1634 CARLSBAD CA 92009 SOLANA BEACH CA 92075-7634
TIMOTHY HUGHES DANIEL & DEBORAH HAYS 2259 VIA TIEMPO 4057 RIVERTON PL
CARDIFF BY THE SEA CA 92007 SAN DIEGO CA 92130-1288
DONALD & BARBARA LUPRO ROBERT & LAURI BALDINO 6848 VIA VERANO 2371 TERRAZA RIBERA CARLSBAD CA 92009-6019 CARLSBAD CA 92009-6634
ELENA BUCKLES 6844 VIA VERANO CARLSBAD CA 92009-6019
PAUL0 RIBEIRO
PO BOX 552 CARDIFF CA 92007'0552
BRADLEY SHOEN 8313 SLATE HARBOR CIR LAS VEGAS NV 89128-7746
KENNETH ROBINSON 6842 VIA VERANO CARLSBAD CA 92009-6019
' CHRISTOPHER BUONOCORE 6836 VIA VERANO CARLSBAD CA 92009-6017
SITE DESIGN ASSOCIATES INC SUITE 201 7863 LA MESA BLVD LA MESA CA 91941-3657
DUANE & JANET NEVITT 6840 VIA VERANO CARLSBAD CA 92009-6019
BRADLEY & LINDA BARTLETT 1105 W LINCOLNWAY ST JEFFERSON IA 50129-1601
OKON DEVELOPMENT PO BOX 577 DEL MAR CA 92014
03-280-1.170
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the
Planning Commission of the City of Carlsbad will hold a public hearing at the Council
Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on
Wednesday, November 6, 1996, to consider a request for approval of a. Negative
Declaration, Tentative Tract Map, Planned Unit Development Amendment, Hillside
Development Permit and Site Development Plan to develop 29 single-family dwelling
units and 4 second dwelling units (attached), on property generally located on the south
side of Xana Way between Corintia Street and Alga Road and more particularly
described as: :
c
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23,
in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 11241, recorded in
the office of the County Recorder of said County
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. Copies of the staff report will be available on and after October 30,
q996. If you have any questions, please call Elaine Blackburn in the Planning
Department at (619) 438-l 161, extension 4471.
The time within which you may judicially challenge this Tentative Tract Map, Planned
Unit Development Amendment, Hillside Development Permit and/or the Site
Development Plan, if approved, is established by state law and/or city ordinance, and is
very short. If you challenge the Tentative Tract Map, Planned Unit Development
Amendment, Hillside Development Permit and/or the Site Development Plan in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of
Carlsbad at or prior to the public hearing.
CASE FILE: CT 96-04/PUD 71 (B)/HDP 96-04/SDP 96-07
CASE NAME: BROOKFIELD MEADOWS
PUBLISH: OCTOBER 24,1996
CITY OF CARLSBAD
PLANNING DEPARTMENT
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-11610 FAX (619) 438-0894 @
September 26, 1997
NOTE TO FILE CT 96-04 BROOKFIELD MEADOWS
Mr. Irv Okovita, the developer, called today and requested copies of Council
Resolution No. 97-595 and amended Condition No. 20, which were approved by
Council on 912197.
Since Mr. Okovita had not previously received a copy of either document, copies
were made and mailed to him today - at no charge - per Karen.