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HomeMy WebLinkAbout1998-03-03; City Council; 14572; Rancho Carrillo Village H Final Map- h CITY OF CARLSBAD - AGENbA BILL TITLE: RANCH0 CARRILLO VILLAGE H CT 97-011PUD 97-01 49 v DEPT. HD. h’&h RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 98-53 APPROVING CT 97-01 and PUD 97-01 as recommended for approval by the Planning Commission. ITEM EXPLANATION: On January 7, 1998, the Planning Commission conducted a public hearing to review the Ranch0 Carrillo Village H residential subdivision/planned development project located in the southeast quadrant within the Zone 18 Local Facilities Management Plan and the Ranch0 Carrillo Master Plan. The Planning Commission recommended approval (7-O) to subdivide 52.1 acres into 77 lots for 73 dwelling units and a planned development which included design guidelines for the construction of those units. The subdivision will provide access to the adjacent knoll on Bressi Ranch to preclude the necessity of disturbance of steep slopes with native habitat. The project is subject to and in compliance with the General Plan, the Ranch0 Carrillo Master Plan and certified EIR, the Subdivision Ordinance and all applicable zoning ordinances (Titles 20 and 21 of the Carlsbad Municipal Code), and the Draft Habitat Management Plan. See the attached staff report to the Planning Commission, dated January 7, 1998, for a complete analysis of the project’s compliance with the subject policies, plans, and ordinances. The Housing Commission reviewed the proposed affordable housing project associated with the Master Plan (Village B) on January 14, 1998 and recommended approval. No public testimony occurred during the public hearing besides the presentation by the applicant. ENVIRONMENTAL REVIEW: The direct, indirect, and cumulative environmental impacts from the future development of the Ranch0 Carrillo Master Plan were analyzed by the Ranch0 Carrillo Master Plan Environmental Impact Report (EIR) 91-04. The project qualifies as being within the scope of both the City’s Master Environmental Impact Report for the General Plan and Final EIR 91-04 in accordance with Section 21083.3 of the California Environmental Quality Act; therefore, the Planning Director issued a Notice of Prior Environmental Compliance on October 24, 1997. With regard to air quality and circulation impacts, the City’s MEIR found that the cumulative impacts of the implementation of projects consistent with the General Plan are significant and adverse due to regional factors, therefore, the City Council adopted a statement of overriding consideration. The project is consistent with the General Plan as to these effects; therefore, no additional document is required. PAGE 2 OF AGENDA dlLL NO. 14,572 GROWTH MANAGEMENT STATUS: The project is located within Local Facilities Management Zone 18. The Growth Control Point is 3.2 dwelling units per acre for the RLM General Plan Land Use designation, while the project is proposing 2.5 dwelling units per acre. The project is located within CFD No. 1 and as part of the Ranch0 Carrillo Master Plan is proposing an assessment district for the construction of Melrose Drive, and has entered into an agreement with the San Marcos Unified School District which proposes a Mello-Roos financing vehicle estimated to be in the amount of $12 million for school facilities funding. FISCAL IMPACT: No fiscal impact will result from the project since it is consistent with the Zone 18 Local Facilities Management Plan. All necessary major capital facilities will be provided concurrent with development and funded by the developer of the project. A financing plan that comprehensively addresses the provision of public facilities within the facility zone has been approved by the City Council and this project has been conditioned to participate in the identified financing mechanisms. EXHIBITS: 1. City Council Resolution No. 98-53 2. Location Map 3. Planning Commission Resolutions No. 4229 and 4230 4. Planning Commission Staff Report, dated January 7, 1998 5. Excerpts of Planning Commission Minutes, dated January 7, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE MAP AND PLANNED DEVELOPMENT PERMIT TO SUBDIVIDE THE PROPERTY INTO 77 LOTS OF WHICH 73 LOTS WOULD BE FOR THE PURPOSE OF SINGLE FAMILY DEVELOPMENT, 3 LOTS WOULD BE FOR OPEN SPACE, AND 1 LOT WOULD BE USED AS A PRIVATE STREET ALL ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, WEST OF MELROSE DRIVE, NORTH OF FUTURE POINSETTIA LANE, AND EAST OF BRESSI RANCH. CASE NAME: RANCH0 CARRILLO VILLAGE H CASE NO.: CT 97-Ol/PUD 97-01 WHEREAS, on January 7, 1998, the Planning Commission held a duly noticed public hearing to consider a Tentative Map (CT 97-01) and Planned Development Permit (PUD 97-01) and adopted Planning Commission Resolutions No. 4229 and 4230 respectively, recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 3rd day of March , 1998, held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to CT 97-01 and PUD 97-O 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council ADOPT Resolution No. 98-53 to ciemmine that the findings and conditions as set forth in Planning Commission Resolutions No. 4229 and 4230, on file with the City Clerk and incorporated herein by reference, are the tintflngs and conditions ofthe City Council. 3. That the recommendation of the Planning Commission for the dpprok al of the Tentative Map (CT 97-01) and Planned Development Permit (PUD 97-01) is approt ctf and that the findings and conditions of the Planning Commission Resolutions No. 4229 rend 1?!0, on file with the City Clerk and incorporated herein by reference, are the findings and condltwns of the City Council. /I/ /I/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 -24 25 26 27 28 j - - I 4. That the applications for a Tentative Map and Planned Development Permit to allow the subdivision of property into 77 lots all on property located on the southwest comer of Palomar Airport Road and Melrose Drive, in LFMP Zone 18, is approved as shown in the Planning Commission Resolutions No. 4229 and 4230, on file with the City Clerk, and incorporated herein by reference. 5. That Planning Commission Resolution No. 4230 shall be modified to amend Condition No. 3 as follows: “Elevations, floor plans, and building layouts shall be submitted in compliance with the standards contained within the Ranch0 Canillo Master Plan, and shall comply with the Village “H” Design Guidelines. The Village “H” Design Guidelines shall be modified to indicate no more than four homes may have a 5 foot front yard setback.” 6. 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 APPLIUNT’ “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 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 prepamtion of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.” //I I// /// //I //I //I I// /// -2- - PASSED AND ADOPTED at a regular meeting of the City Carlsbzid on the 3rd day of March 1998, by the following vote, AYES: Council Members Lewis, Nygaard, Kulchin NOES: None ABSENT: Council Member Finnila ATTEST: ALETHA L. RAUTENKRANZ, City Clerk / (SEW . EXHIBIT 2 RANCH0 CARRILLO VILLAGE “H” CT 979Ol/PUD 97-01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 4229 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 97-01 TO SUBDIVIDE 52.1 ACRES INTO 77 LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND WEST OF MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18 CASE NAME: RANCH0 CARRILLO VILLAGE H CASE NO.: CT 97-01 WHEREAS, CONTINENTAL RANCH, INC., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by CONTINENTAL RANCH, INC. , “Owner”, described as All that portion of Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, and all that Portion of Section 18 and 19 of Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A “-“K” dated January 7, 1998, on file in the Planning Department CT 97-01 - Ranch0 Carrillo Village H, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of January 1998, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Tentative Tract Map CT 97-01 Ranch0 Carrillo Village H, based on the following findings and subject to the following conditions: Findings: 1. 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 proposing densities within the Growth Management Control Point; prior to the recordation of any final map the deeding of an acceptable school site to the San Marcos Unified School District and a financing plan approved by the San Marcos School District guaranteeing the construction of the necessary school facilities must occur; the mitigation of onsite surface runoff so as not to affect on and offsite downstream properties is required; major offsite sewer line construction is required; prior to recordation of the final map an affordable housing agreement must be entered into which provides for and deed restricts dwelling units as affordable to lower income households for the useful life of the dwelling units; over 35% of the net developable acreage of the Master Plan has been left as open space; the construction of Melrose Drive and access to this subdivision from it is required; prior to occupancy the construction of noise walls to meet the standards contained within the General Plan is required; a parks agreement between the City of Carlsbad and the property owners has been completed; and all densities, setbacks, parking, recreational space, streets and storage meet the minimum standards of the Planned Development Ordinance. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the residential development complies with all city policies and standards, including zoning, without the need for variances from development standards. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with any established easements. PC RESO NO. 4229 2 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 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 8,000 square foot plus ridgetop lots allow for a variety of building placement alternatives, including the adequate placement and separation of the homes, in combination with the future variety of floor plans and the dominant sea breeze/solar radiation patterns, will allow utilization of natural heating and cooling opportunities. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that all feasible mitigation measures or project alternatives identified within the certified Final EIR 91-04 and MEIR 93-01 which are appropriate to this project have been incorporated into the project and no significant impacts to fish, wildlife, or their respective habitats will occur. 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 Ranch0 Carrillo Master Plan and City of Carlsbad ordinances have been considered and appropriate drainage facilities have been designed and secured. In addition to City Engineering Standards and compliance with the City’s Master Drainage Plan, National Pollution Discharge Elimination System (NPDES) standards will be satisfied to prevent any discharge violations. The Planning Commission finds that the project, as conditioned herein for CT 97-01 (Ranch0 Carrillo Village H), is in conformance with the Elements of the City’s General Plan, based on the following: a. Land Use - The General Plan Land Use designation for this site is RLM which allows a density range of O-4 dwelling units per net developable acre with a Growth Management Control Point of 3.2 dwelling units per net developable acre. Typically the RLM land use designation is appropriate for single family dwelling units. In conformance with this finding, Ranch0 Carrillo Village H is proposing single family dwelling units. Ranch0 Carrillo Village H is proposing 2.5 dwelling units per net developable acre which is within the allowable dwelling unit range and less than the Growth Management Control Point. b. Circulation - The public street system serving this subdivision includes Melrose Drive (a Circulation Element Arterial) and the project has been conditioned to provide the necessary improvements to this arterial. The PC RESO NO. 4229 3 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Noise - Prior to the issuance of building permits for this project and after the delayed architectural review process, the developer is required to complete a noise study which will indicate the extent of the construction of a combination of community theme walls and landscaped berms to attenuate noise to mitigate exterior noise to the 60 dBA CNEL level and to mitigate interior noise levels of the future homes to 45 dBA CNEL. d. Housing - Prior to the approval of the final map the developer must have entered into an Affordable Housing Agreement which meets the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code. e. Open Space and Conservation - Over 35% of the net developable acreage of the Ranch0 Carrillo Master Plan has been left as open space. f. Public Safety - The project is conditioned to pay Public Facilities Fees. The proposed project is required to provide streets, sidewalks, street lights, and fire hydrants, as conditions of approval. Parks and Recreation - The Ranch0 Carrillo Master Plan has entered into a Parks Agreement with the City of Carlsbad. h. Arts - The EIR for the Ranch0 Carrillo Master Plan determined that this Village did not have an significant aesthetic impact upon the environment. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the - Circulation Element of the General Plan does not address private streets, nor provide direction for minimum street design standards for these improvements. applicable local facilities management plan, and all City public facility policies and ordinances since: a. The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. The project is conditioned that prior to the recordation of a final map the deeding of an acceptable school site to the San Marcos Unified School District and a financing plan approved by the San Marcos Unified School District guaranteeing the construction of necessary elementary school facilities pursuant to that dedication is required. PC RESO NO. 4229 4 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 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. 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 18. 14. That the project is consistent with the City’s Landscape Manual, adopted by City Council Resolution No. 90-384. 15. The Planning Commission finds that the Planning Director has determined that: a. the project is a subsequent development as described in CEQA Guidelines 15168(c)(2) and (e), and 15183; b. the project is consistent with the General Plan Master EIR (MEIR 93-01) and the Ranch0 Carrillo Master Plan EIR 91-04; C. there were EIIks certified in connection with the prior 1994 General Plan Update and Ranch0 Carrillo Master Plan Amendment; d. the project has no new significant environmental effect not analyzed as significant in the prior EIRs; e. none of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. 16. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts cause by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. . . . . . . C. The Ranch0 Carrillo Master Plan has entered into a Parks Agreement with the City of Carlsbad. 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. PC RESO NO. 4229 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Tentative Tract Map for the project entitled CT 97-01 (Ranch0 Carrillo Village H) (Exhibit(s) “A’‘-“K” dated January 7, 1998 on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth.) Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Tentative Tract Map document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed major subdivision, must be met prior to approval of a final map. 3. 4. 5. 6. 7. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the final decision making body. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. The 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. 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 // PC RESO NO. 4229 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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. 8. 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 2 1.90 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 January 10, 1997, 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. 9. Prior to approval of a final map or the issuance/approval of a building permit, which ever occurs first, the Developer shall submit evidence to the Planning Director that impacts to school facilities have been mitigated in conformance with the City’s Growth Management Plan to the extent permitted by applicable state law. If the mitigation involves a financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City’s Growth Management Plan, including City Council Policy Statement No. 38, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. General Conditions 11. 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. 12. Approval of CT 97-01 is granted subject to the approval of PUD 97-01. CT 97-01 is subject to all conditions contained in Resolution No. 4230 for the Planned Unit Development. 13. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CURS shall contain the following provisions: PC RESO NO. 4229 /a 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. C. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment. 14. Prior to the issuance of the building permits, 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(n) Tentative Map by Resolution No. 4229 on the real PC RESO NO. 4229 /3 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 15. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed a date certain, upon a showing of good cause. 16. Prior to the recordation of the final map, the developer and successive owners shall agree to hold the City of Carlsbad or any other public service agency harmless from liability for any damage to the driveway of Lots 11,43, and 69 when being used to perform a public service. Landscape 17. Prior to occupancy of individual units, the applicant shall construct the community theme/noise attenuation walls shown on the Landscape Concept Plan Exhibit, dated January 7,1998 in conformance with the required noise study. 18. Prior to issuance of building permits, the applicant shall submit a detailed noise study addressing conformance with the Noise Element of the General Plan in conformance with the required noise study. 19. 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. 20. 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. Miscellaneous PlanninP Conditions 21. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, free PC RESO NO. 4229 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or consistent with basic architectural theme of the project. 22. 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. 23. 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. Environmental 24. 25. 26. 27. 28. 29. The Developer shall diligently implement, or cause the implementation of, all applicable mitigation measures identified in the Final EIR 91-04 and MEIR 93-01, including but not limited to demonstration that means of solid waste disposal are available, acoustical studies are performed, attenuation barriers are constructed as necessary, and the monitoring of traffic is provided to conform to City standards. The Developer shall implement, or cause the implementation of, the Ranch0 Carrillo Master Plan Environmental Impact Report Project Mitigation Monitoring and Reporting Program, including but not limited to demonstration that means of solid waste disposal are available, acoustical studies are performed, attenuation barriers are constructed as necessary, and the monitoring of traffic is provided to conform to City standards. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on tile in the Planning Department). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). The Developer shall dedicate on the final map, an open space easement for those portions of lots 75, 76, and 77 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) in their entirety to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping other /5 PC RESO NO. 4229 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibits “A’‘-“K”. 30. Removal of native vegetation and/or construction of structures on Open Space Lot 77, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than-that approved as part of (the grading plan, improvement , plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “A”- “K”, is specifically prohibited,. except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arboristiotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Housing 31. 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 dwelling units 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 recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 32. 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. Eneineeriw Conditions: Note: 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. 33. Prior to issuance of any building permit, the developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formerly established by the City. 34. There shall be one final subdivision map recorded for this project. General Design note #13, on sheet 1 of 6 of the tentative map, shall be deleted. This deletion shall be indicated on the conforming mylar tentative map. 35. Prior to hauling dirt or construction materials to or from any proposed construction site lb PC RESO NO. 4229 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36. 37. 38. 39. 40. 41. 42. 43. 44. within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 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). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs (if maintained by the Association) and on the Final Map. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, 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. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). “No structure, fence, wall, 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 Standards. The underlying property owner, or homeowner’s association shall maintain this condition.” Prior to issuance of a building permit for any buildable lot within the subdivision, the property owner shall pay a one-time special development tax in accordance with City Council Resolution No. 91-39. The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. The subject property is within the boundaries of Assessment District No. 96-l (Melrose Drive). Upon the subdivision of land within the district boundaries, the owner may pass through assessments to subsequent owners & if the owner has executed a Special PC RESO NO. 4229 12 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 45. As required by state law, the subdivider shall submit to the City an application for segregation of assessments along with the appropriate fee. A segregation is not required if the developer pays off’the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of & new lot. 46. 47. The owner shall execute a hold harmless agreement for geologic failure. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. 48. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. The developer must submit and receive approval for grading plans in accordance with City codes and standards prior to issuance of a grading permit for the project. 49. 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. 50. 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. 51. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. 52. The owner shal 1 make an offer of dedication to the City for all public streets and Assessment District Pass-through Authorization Agreement. Said Agreement contains provision regarding notice to potential buyers of the amount of the assessment and other provisions and requires the owner to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the owner does not execute the Authorization Agreement, the assessment on the subject property must be paid off in full bv the owner prior to final map approval. PC PESO NO. 4229 13 /8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - -4 easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 53. Prior to issuance of building permits, the developer shall underground all existing overhead utilities along and within the subdivision, 54. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. . . 55. 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: . a. Installation of a fully actuated traffic signal at the “Village Entry” (“H-A” Street)/Melrose Drive intersection. b. Melrose Drive - Full remaining prime arterial frontage improvements, from Palomar Airport Road to the southerly project boundary, with any required transitions to existing grading/improvements. A list of the above improvements, as well as the site specific private improvements indicated on the tentative map, shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. All PC RESO NO. 4229 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 56. 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. 57. Notes to the following effect shall be placed on the final map as non-mapping data: All improvements are private and are to be privately maintained, with the exception of the following: l Water lines. 0 Sewer lines as an exception. 58. This subdivision contains a remainder parcel. No building permit shall be issued for the remainder parcel until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code. 59. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 60. No structure, fence, wall, 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 Standards. The underlying property owner, or homeowner’s association shall maintain this condition.” 61. The Developer shall enter into an agreement with the City to negotiate in good faith with the owner of Bressi Ranch and offer to enter into an access and cost sharing agreement with the owner of Bressi Ranch whereby the owners of not more than ten (10) homes developed on that particular portion of Bressi Ranch (the “Knoll”) depicted on Exhibit I will have the recorded right to ingress and egress along H-A, H-B, and H-E Streets and across proposed Lot No. 7. The width of the easement across Lot No. 7 shall be a minimum of forty six (46) feet. Improvements shall be constructed within A 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. The access and cost sharing agreement shall result in the parties granting reciprocal access easements along proposed H-A, H-B, and H-E Streets and across proposed Lot No. 7 to be recorded concurrently with the approval of a final map on the “Knoll”. The agreement with the City shall contain terms that make it run with the land and be entered into and recorded prior to final map on this Project to ensure the access easement recordation. That agreement shall be valid for a period of five (5) years or until the PC RESO NO. 4229 15 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 easement is granted, whichever comes first. If the agreement expires after five (5) years. Lot No. 7 may be developed. Maintenance for all these streets within Village H of Ranch Carrillo shall be the responsibility of the Ranch0 Carrillo Master Association and the owners of homes in Bressi Ranch who take access over these streets will be obligated to share in the pro rata costs of maintenance of the streets pursuant to Civil Code Section 845, as provided in the access and cost sharing agreement. The Master Declaration of Restrictions for Ranch0 Carrillo shall include the following disclosure: “It is intended that a portion of the adjoining properties. referred to as “The Knoll”, which adjoins Village H to the east, will be provided ingress and egress through Village H of Ranch0 Carrillo. Such portion of the properties located in an area which is currently known as Bressi Ranch. 62. Swimming pools located within 7’ of fill slopes that are greater than 30’ in height should have additional soils analysis conducted by a qualified soils engineer for specific design recommendations Map Corrections/Additions: A. A typical plan view retaining wall detail shall be added to the “Typical Lot Drainage” detail on sheet 2 of 6 of the tentative map indicating that a 5’ minimum width shall be held from the face of any structure to the face of any retaining wall, and, a 3 ft. minimum width shall be held from the face of any structure to the flow line, regardless of the height of the proposed wall. This shall be shown on the conforming mylar tentative map. B. A drainage cross-section detail shall be added to sheet 2 of 6 of the tentative map, indicating that a 5’ minimum width shall be held from the face of any structure to the face of any retaining wall, and, a 3 ft. minimum width shall be held from the face of any structure to the flow line, regardless of the height of the proposed wall. This shall be shown on the conforming mylar tentative map. C. The following shall be added to “General Design” note #ll, on sheet 1 of 6 of the conforming mylar tentative map: “Retaining walls which are added shall be located a minimum of 5’ away from any structure. This 5’ distance shall be measured from the face of the retaining wall to the face of any structure. A minimum of 3’ shall be held from the face of any structure to the flow line. These requirements shall apply regardless of the height of any proposed retaining wall.” D. On sheet 1 of 6 of the conforming mylar tentative map, the designation “Remainder Parcel” shall be added to the “Key Map” for all of the property located outside of the Village “H” subdivision boundary. PC RESO NO. 4229 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 63. E. Developer shall grant and record public open space easements on the slopes adjacent to Melrose Drive and proposed Lot No. 77. These slopes shall be maintained by the Village “H” Homeowner’s Association (HOA). The slope open space easements and HOA maintenance responsibility shall be shown on the conforming mylar tentative map. The following improvements as required in the Ranch0 Carrillo Master Plan (MP) and Local Facilities Management Plan (LFMP) for Zone 18 shall be guaranteed to the satisfaction of the City Engineer. These improvements shall be substantially completed to the satisfaction ‘of the City Engineer prior to occupancy of the first dwelling unit within Ranch0 Carrillo: a. Poinsettia Lane - Melrose Drive to Zone 18 Western Boundary 0 Complete grading to ultimate right-of-way width to major arterial standards. l Construction of full major arterial standards from the intersection with Melrose Avenue to the entrance to Village J and the school site. b. El Fuerte Street - Through Zone 18 l Complete grading to ultimate right-of-way width. a Construction of one lane in each direction from the southerly boundary of the Master Plan to the entrance to Village T. C. Sewer Facilities, including: l 12” main in Melrose Drive l 12” main in, or adjacent to Poinsettia Lane 0 Buena/San Marcos Trunk (BSMT) 1, Section A 0 Buena/San Marcos Trunk (BSMT) 1, Section C 0 Buena/San Marcos Trunk (BSMT) 1, Section D l Buena/San Marcos Trunk (BSMT) 1, Section F l Buena/San Marcos Trunk (BSMT) 1, Section G l North La Costa Lift Station d. Water Facilities, including: . l The portion of the proposed potable 24-inch main in the future alignment of Melrose Avenue. 0 The proposed pressure reducing station at the southeast corner of Zone 18. -Jq PC RESO NO. 4229 17 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l The proposed potable 30-inch transmission line in the proposed alignment of El Fuerte within Zone 18. a The portion of the proposed reclaimed 8-inch main in the proposed alignment of Melrose Avenue. l The proposed reclaimed 38-inch-main in the proposed alignment of El Fuerte within Zone 18. 0 The proposed potable 12” main from Melrose to El Fuerte through service Area E. 64. Prior to approval of any building permit, the developer shall reimburse the City of Carlsbad for frontage improvements for Palomar Airport Road, in accordance with the “Zone 18 Cost Distribution for Palomar Airport Road East, Project No. 3166.” Fire Conditions: 65. Additional onsite public water mains and fire hydrants are required. 66. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include offsite fire hydrants within 200 feet of the project. 67. Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. 68. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprinkler systems and other fire protection systems shall be submitted to the Fire Department for approval prior to construction. Water Conditions: 69. The entire potable water system, reclaimed water system, and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. 70. The developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 71. Sequentially, the Developer’s Engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain . demand for domestic and irrigational needs from appropriate parties. PC RESO NO. 4229 18 $3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Prior to the preparation of sewer, water, and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (ie-GPM-EDU). 72. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines .that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. General Conditions: 73. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 74. 75. 76. 77. 78. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The following note shall be placed on the Final Map: “Prior to issuance of a building permit for any buildable lot within the subdivision, the Developer shall pay a one-time special development tax in accordance with the City Council Resolution No. 91-39.” Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. G4 PC RESO NO. 4229 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 79. 80. 81. 82. 83. 84. 85. 86. . . . . . . . . . . . . . . . - 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. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants, and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to final inspections, all security gate systems controlling vehicular access shall be equipped with a “Knox” key operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approval prior to installation. 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. An approved automatic fire sprinkler system shall be installed in buildings having an aggregate floor area exceeding 10,000 square feet. PC PESO NO. 4229 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of January 1998, by the following vote, to wit: AYES: NOES: Chairperson Noble, Commissioner’s Compas. Heineman, Monroy, Nielsen, Savary, and Welshons ABSENT: ABSTAIN: ATTEST: . Planning Director PC RESO NO. 4229 21 _- Sheet 1 of 2 Exhibit I Bressi Ranch (The “KnollH) . Being a portion of Parcel One of Parcel Map No. 1763 in the City of Carisbad, County of San Diego, State of California according to the map thereof on file in the Office of the County Recorder of said county, being more particularly described as follows: Beginning at the most Southeasterly comer of said Parcel One; thence along the Easterly line of said Parcel One North 02’38’00” (North 02’38’58” West record) West 2052.51 feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly line South 87”22’00” West 250.00 feet; thence North 02’38’00” West 200.00 feet; thence North 60’48’06” East 167.71 feet; thence North 02’38’00” West 240.00 feet; thence South 87’22’00” West 450.00 feet; thence North 02”38’00” West 330.00 feet; thence North 42’22’00” East 353.55 feet; thence North 87’22’00” East 300.00 feet to the Easterly line of said Parcel One; thence along said Easterly line South 02”38’00” (South 02’38’58” East record) East 1095.00 feet to the TRUE POINT OF BEGINNING. 47 L4$c~zL?$q -...-..--. --.------.p... . . . . . . . ...\. ‘-.....~-‘..._. -,..::;:.y,y.. : Jy&#r.** “. y&q;.; <-*f,‘.. . 1’ : .., :;; : ,.I.,; .:;:;.. ; . : .:. . . y’,‘., r.’ : ‘- ,. -._ : . . . :. ..* _. . . .., .y ., ‘. _ a: : - _. _ .. : . &bit 1 . . y.. . . :: “. .-,“.. : ,..,,’ , -&he& 2; of .2*,, ,. . ‘.,. .-:y::., ,_ . _ r .; ’ 1 ,.:~:~~::~-::::;..~~;,~~.. fi ..I ‘: .; :.* .’ . . ‘. .: .-, t ..,..,’ .I’..- . . .’ . ._ . :_ ‘. . . . -* . : . . : : ,‘(. : . : : .: . . 1-73&J ;&l&7‘. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h PLANNING COMMISSION RESOLUTION NO 4230 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PUD 97-01 ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND WEST OF MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18 CASE NAME: RANCH0 CARRILLO VILLAGE H CASE NO.: PUD97-0 1 WHEREAS, CONTINENTAL RANCH, INC., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by CONTINENTAL RANCH, INC., “Owner”, described as All that portion of Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, and all that Portion of Section 18 and 19 of Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development as shown on Exhibit(s) “A, “-“K” dated January 7, 1998 ,on file in the Planning Department, PUD 97-01 -Rancho Carrillo Village H as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of January, 1998, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL (of) Planned Unit Development PUD 97-01, (Ranch0 Carrillo Village H) and the Village H Design Guidelines, attached hereto and made a part hereof, based on the following findings and subject to the following conditions: Findings: 1. All findings contained in Planning Commission Resolution No. 4229 shall apply as findings of this permit and are incorporated herein by reference. 2. That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the project is proposing densities within the Growth Management Control Point; prior to the recordation of any final map the deeding of an acceptable school site to the San Marcos Unified School District and a financing plan approved by the San Marcos School District guaranteeing the construction of the necessary school facilities must occur; the mitigation of onsite surface runoff so as not to affect on and offsite downstream properties is required; major offsite sewer line construction is required and so conditioned; prior to recordation of the final map an affordable housing agreement must be entered into which provides for and deed restricts dwelling units as affordable to lower income households for the useful life of the dwelling units; over 35% of the net developable acreage has been left as open space; the construction of Melrose Drive and access to this subdivision from it is required; prior to occupancy the construction of noise walls to meet the standards contained within the General Plan is required; a parks agreement between the City of Carlsbad and the property owners has been completed; and all densities, setbacks, parking, recreational space, streets, and storage meet the minimum standards of the Planned Development Ordinance. 3. 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 community as noted in Finding Number 1. 4. 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 a) all necessary mitigation of adverse environmental impacts are incorporated into the project’s design or are conditions of approval; b)the project is conditioned to construct all necessary public improvements; and c) the project is consistent with all applicable City design and development standards. . . . PC RESO NO. 4230 30 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. Conditions: That the proposed Planned Development 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 1) the project is consistent with the Planned Development standards for building height, setbacks, private recreational open space, recreational vehicle parking and guest parking; 2) the design is compatible with surrounding land uses and circulation patterns through its opportunity for connection with potential adjacent single family development and provides for adequate usable open space that is readily accessible to residents; and 3) the Master Plan allows for delayed architectural review. 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 grading design preserves the major ridgelines and is consistent with the natural topography by allowing the canyons and hillsides to remain in open space. 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 due to the lot size and product type the project will appear similar to a standard single family development which is the predominant development type within the Master Plan and the adjacent existing neighborhood. 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 private streets allow for less pavement width and modified sidewalk provision thereby decreasing the paved surface. That the required visitor ‘parking is located on the adjacent “Village H” local street system. 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Planned Unit Development for the project entitled PUD 97-01 (Ranch0 Carrillo Village H) (Exhibit(s)“A’‘-“ K” dated January 7,199s on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth.) Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Planned Unit Development document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. . . . PC RESO NO. 4230 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. - Approval of PUD 97-01 is granted subject to the approval of CT 97-01. PUD 97-01 is subject to all conditions contained in Resolution No. 4229 for CT 97-01. Elevations, floor plans, and building layouts shall be submitted in compliance with the standards contained within the Ranch0 Carrillo Master Plan, and shall comply with the Village H Design Guidelines. Garages that face directly onto a private driveway that have less than 20’ setback shall be equipped with roll-up doors and an automatic garage door opener. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of January, 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioner’s Compas, Heineman, Monroy, Neilsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: I BAILEY NOB&, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H%ZMtiER Planning Director PC RESO NO. 4230 -4- EXHIBIT 4 xne City of CARLSBAB Planning Departmu A REPORT TO THE PLANNING COMMISSION Item No. 4 0 P.C. AGENDA OF: January 7,1998 Project Engineer: Mike Shirey SUBJECT: CT 97-Ol/PUD 97-01 - RANCH0 CAtiLL VILLAGE H- Request for a Tentative Map and a Planned Development Permit to subdivide the property into 77 lots of which 73 lots would be for the purpose of single family development, 3 lots would be open space, and 1 lot would be used as a private street within Village H of the Ranch0 Carrillo Master Plan and Local Facilities Management Zone 18. I. RECOMMENDATION . That the Planning Commission ADOPT Planning Commission Resolutions No. 4229 and 4230 RECOMMENDING APPROVAL of CT 97-01 and PUD 97-01 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of permits to subdivide 52.1 acres into a total of 77 lots including 73 single family home lots with a minimum size of 8000 square feet, 3 open space lots, and one lot for private street purposes. This village will be developed as a gate guarded single family detached subdivision with semi-custom production homes on an average lot size of over 9500 square feet. As part of the Ranch0 Carrillo Master Plan development review process the applicant is requesting adoption of design guidelines which identify housing product plotting and other architectural guidelines. As designed and conditioned, the project is consistent with the General Plan, the Ranch0 Carrillo Master Plan (MP 139F), Subdivision Ordinance, and the relevant Zoning Chapters of the Carlsbad Municipal Code. III. PROJECT DESCRIPTION AND BACKGROUND Village H (formerly Villages H and I) of the Ranch0 Carrillo Master Plan is located south of the intersection of Melrose Drive and Palomar Airport Road on the west side of Melrose Drive immediately adjacent to Bressi Ranch and the interface between Local Facilities Management Zones 17 and 18. It is situated along two east west trending ridgelines and separated from Village J to the south by slopes of open space consisting. primarily of chaparral vegetation. While Village H has a gross area of 33.9 acres and a net developable area of 29.3 acres, the map includes Master Plan open space areas to the north and south that includes 18.2 acres of Open Space not identified as part of the village. The site has been previously graded per Hillside Development Permit 9 1- 17. CT 97-Ol/PUD 97-01 - RAlvCHO CARRILLO VILLAGE H January 7,1998 The Master Plan required by the Planned Community (PC) zoning of the property allows up to 94 dwelling units whereas 73 are proposed. Due to the desire of the applicant for private streets the Planned Development permit process is mandated. Access is provided from Melrose Drive and to the adjacent Bressi property via Lot 7. The proposed project is subject to the following adopted land use plans and regulations: A. B. C. E. F. G. Iv. General Plan; Ranch0 Carrillo Master Plan - MP139(F); Carlsbad Municipal Code, Title 21 (Zoning Ordinance), Chapter 21.45 - Planned Development Ordinance; Carlsbad Municipal Code, Title 20 (Subdivision Ordinance); Growth Management Ordinance, (Zone 18 Local Facilities Management Plan); and Environmental Protection Procedures (Title 19) and the California Environmental Quality Act (CEQA). ANALYSIS The recommendation of approval for this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of the regulations/policies. A. General Plan The proposed project is consistent with the policies and programs of the General Plan as originally conditioned via the Ranch0 Canillo Master Plan and the Environmental Impact Report (EIR) for that document. Issues particularly relevant to this concept include: Land Use - Village H has a General Plan Land Use Designation of Residential Low-Medium (RLM) which allows O-4 dwelling units per net developable acre with a Growth Management Control Point of 3.2 dwelling units per acre. The project is proposing 2.5 dwelling units per acre. The Land Use section of the General Plan includes service and performance standards for public facilities. Prior to the recordation of any final map the deeding of an acceptable school site to the San Marcos Unified School District and a financing plan approved by the San Marcos School District guaranteeing the construction of the necessary school facilities must occur. Other public facilities of note are drainage and sewer. A major drainage issue associated with 34 this project is the mitigation of on-site surface runoff so as not to adversely affect on and off-site CT 97-Ol/pUD 97-01 - RANCH0 CARRILLO VILLAGE H January 7,1998 PAGE 3 downstream properties. Runoff attenuation measures have been installed, concurrent with the Ranch0 Carrillo mass grading operation, to mitigate surface runoff impacts. Ranch0 Carrillo currently does not have any accessible sewer facilities. Therefore major offsite sewer line construction is required. This construction will occur across adjacent property ownership. The tentative map will be conditioned so that occupancy of units cannot occur until such time as sewer facilities are made available to the project. Housing - With the recent approval of the Ranch0 Carrillo Master Plan Amendment at City Council (Ordinance No. NS-425 adopted on 10-28-97) it is the applicant’s intention to relocate the previously approved affordable housing sites to Village B (SDP 97-l 5, CT 97-02, and PUD 97-02 (pending)). CT 97-01 has been conditioned that prior to recordation an affordable housing agreement must be entered into which provides for and deed restricts dwelling units 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. Open Space - 189.9 acres or over 35% of the net developable property of the Master Plan has been left as open space. Circulation - Two major items with regards to circulation are associated with this and future Ranch0 Carrillo projects. First, major roadway infrastructure must be constructed to gain site access. This will include construction of Melrose Drive to a minimum number of lanes, rather than the ultimate land configuration. As part of the mass grading for the site, which is currently being conducted, the grading for the ultimate street improvements is being completed. Construction of the remaining lanes of Melrose Drive will be achieved through subdivision frontage improvement conditions of approval, for the remaining tentative maps within Ranch0 Carrillo. Ultimately, Melrose Drive will be improved to full width prime arterial standards (i.e., 6 travel lanes with bicycle lanes and a raised median). Additionally, each Ranch0 Carrillo tentative map, as a condition of approval of the project, will be required to complete the roadway system which is needed to access the given site. The potential exists for development of the adjacent property to the west (Bressi Ranch). Access to the developable portion of this property may ultimately be gained from Melrose Drive. This access potential will be reserved through this project at proposed Lot No. 7. Reservation of this potential access will be a condition of approval of this project. Noise - Prior to occupancy the applicant shall construct community theme, noise attenuation walls to meet the standards contained within the General Plan and submit a detailed noise study addressing necessary interior noise mitigation measures for this Village. Pa&and Recreation - A parks agreement has been entered into between the City of Carlsbad and the Zone 18 property owners. Public Safety - The proposed project is required to provide sidewalks, street lights, and fire hydrants, as well as contribute to the public facilities fee program, as shown on the tentative map, 3s or included as conditions of approval. CT 97-Ol/PUD 97-01 - RANCH0 CARRILLO VILLAGE H January 7,1998 B. Ranch0 Carrillo Master Plan Village H is described within the Master Plan as a Single Family Development that allows up to 94 dwelling units, whereas 73 are proposed. As the Master Plan further implements the General Plan and the Growth Management Program identified within the Master Plan, much of what has been noted previously is repeated here, such as, public facilities and infrastructure, open space, housing, and land use. The Master Plan reflects the school condition within the Local Facilities Management Plan which requires dedication and financing to the satisfaction of the school district. The Master Plan identifies the Development Review Process necessary to achieve entitlements that includes Delayed Architectural Review for planned developments, which is why the project includes design guidelines instead of floor plans or elevations. At the time of tentative map approval these guidelines are adopted by the Planning Commission and City Council. The design guidelines include the following information. The semi-custom single family detached homes allow home buyers to select their lot, the floor plan, elevation and a number of other interior and exterior details to create a semi-custom look to their home. The color scheme of the homes is restricted so that two homes with the exact same color will not be plotted directly adjacent to one another. The creation of a diversified streetscape through a combination of roof colors, floor plans, front elevation treatments, and color schemes is ensured by the design guidelines for Village H. At a minimum there are three floor plans with two front elevations per floor plan, and one of those floorplans being a one story. Plotting of units shall alternate floor plans so that no individual elevation is plotted for more than 60% of the total units on any individual street. No two units with identical front elevations shall be plotted on adjacent lots on the same side of the street. Front setbacks reflect those as allowed by the Planned Development Ordinance; 20’ for garages facing the street, 15’ for the livable portion of the building, 10’ for side loaded garages, and 5’ for a front yard setback from a private driveway. Side yard setbacks are to be 10 % of the lot width up to a maximum of 10 feet. All buildings shall be setback from the top of slope 15 feet. The rear yard setback is twice the required side yard up to a maximum of 20 feet. Twenty five percent of all units shall be single story or have a single story edge for forty percent of the perimeter of the building. At least forty percent of the units in the project shall have at least three separate building planes on street side elevations. Up to 50 % of the lots in Village H may be developed with second dwelling units. C. Zoning Ordinance 1. Chapter 2 1.45 - Planned Development Ordinance Even though the smallest lot within this subdivision is 8380 square feet which exceeds the standard single family lot area of 7500 square feet, the Developer is proposing the use of gated private streets. The only method the City has to approve separate ownership of planned unit 3 h development lots, which in this case includes the street, is the planned development ordinance. CT 97-Ol/PUD 97-01 - IWWHO CARRILLO VILLAGE H January 7,1998 As the findings for a planned development permit require that all of the design criteria contained within the ordinance have been met the following discussion is illustrative of this fact: Density - The number of dwelling units within a planned development shall not exceed the density range permitted by the underlying zone. The P-C zone requires a Master Plan to determine land use and density. As noted previously within the Master Plan discussion the project does not exceed the density range permitted by the underlying zone. In no case shall the density be inconsistent with the general plan. As noted previously within the General Plan discussion the density is consistent with the general plan. The density on the developed portion of the site shall be compatible with the surrounding development. While at the present time there is no surrounding development, with the exception of infrastructure and grading improvements, the Master Plan and General Plan propose single family housing to the south separated by open space from this project, and multi family to the north and east separated by a prime arterial circulation element roadway. To the west (Bressi Ranch) low density residential is identified by the General Plan, however at this time there are no requests for entitlement on the property. All of these land uses would be compatible with this development as they are consistent with the General Plan, Master Plan, Zoning, and the tenets of good planning that are inherent to these documents. Setbacks - Prime arterials require a fifty foot building setback and a fifty foot building setback is proposed along Melrose Drive. Front yard setbacks may be varied to a fifteen foot average with a ten foot minimum, and the front yard setback from a private driveway may be reduced to five feet. Garages that face directly onto a private driveway that have less than a twenty foot setback shall be equipped with an automatic garage door opener. There are thirteen lots within this subdivision that have been identified as potentially having a five foot setback. Garages with entries that face directly on a private street shall maintain a minimum setback of twenty feet. As this Village allows panhandle or flag lots via the Master Plan, there is a twenty five foot front yard setback for the eight flag lots. The buildable portion of these lots has a minimum area of 8,000 square feet and they all will have three non-tandem parking spaces. Comer lots shall have a ten foot side yard setback from the street. The Planned Development Ordinance’s intent is to provide substantial setback variation as shown in the design manual and the variation identified previously when combined with the curvilinear nature of the local street system will ensure this goal. . Resident Parking - All units will have at a minimum a two car garage with a minimum interior dimension of 20 feet by 20 feet. Guest Parking - Visitor parking is required as follows: When the number of dwelling units exceeds 10 the requirement is 5 spaces plus 1 space for each 4 dwelling units above 10 or fraction thereof. The project is proposing 73 dwelling units which would require 21 spaces (5 + (6314)) guest parking spaces. Credit for visitor parking may be given for frontage on adjacent local streets for detached single-family projects subject to the approval of the Planning Commission. The applicant has provided more than the required 21 spaces on adjacent streets and is requesting credit for the requirement. 437 CT 97-Ol/PUD 97-01 - RAlvCHO CARRILLO VILLAGE H January 7,1998 Recreational Space - Open space areas designated for recreational use shall be provided for all residential developments at a ratio of two hundred square feet per unit and the housing product plotting assures that this ratio will be maintained. Projects where all dwelling units are on lots with a minimum size of seven thousand five hundred square feet are not required to provide common recreational facilities. As noted previously the minimum residential lot within this subdivision is 8,380 square feet, therefore no common recreational facilities are required. Streets - Private streets may be permitted within a planned unit development, provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construction comply with the requirement of the city’s street improvement standards. Typical public local streets have a right- of-way width of 60 feet (56 feet for c&de-sacs), while the proposed private street widths for Village H with the exception of the entry vary between 40 and 46 feet depending on whether curb-side parking is provided on one or both sides and provision for sidewalk. Pavement widths as required by ordinance is 32 feet for parking on one side and 36 feet for parking on both sides. All design has been reviewed by the City’s Engineering Department and meets the appropriate street improvement standards. The use of private street standards is particularly appropriate for this site due to its exclusive single family nature, its natural constraints due to topography, and the man made constraints of adjacency to a prime arterial and the master plan boundary, all of which contribute to the design of a cul-de-saced subdivision. Recreational Vehicle Storage - The Ranch0 Carrillo Master Plan provides for a minimum one acre recreational vehicle storage site adjacent to El Fuerte Street which must be available with the construction of this Planning Area or an amendment to this Planned Unit Development Permit must be processed. Second Dwelling Units - Second Dwelling Units may be permitted on 50% of the lots within Village H according to the provisions of Section 21.10.015(c). None of these are intended as inclusionary dwelling units designed to meet the project’s affordable housing requirement. 2. Chapter 2 1.85 Inclusionary Housing The Ranch0 Carrillo Master Plan shall provide Affordable Housing in conformance with the requirements of the Inclusionary Housing Ordinance. The Master Plan based on residential build out will be required to provide 272.4 affordable units. The majority of the Affordable Housing for Ranch0 Carrillo is planned to be developed in Village B as multi-family dwellings. However at this time that project is pending discretionary review. Per the Master Plan up to 20% of the required affordable units may be provided as Second Dwelling Units. Village H is conditioned to enter into an Affordable Housing Agreement pursuant to Section 21.38120 of the Carlsbad Municipal Code. This agreement shall be approved by the City prior to recordation of a fmal map. All relevant terms and conditions of any Affordable Housing Agreement shall be filed and recorded as a deed restriction on those individual lots or units of a project which are designated for the location of Affordable dwelling units. 3 CT 97-Ol/PUD 97-01 - RAI\(CHO CARRILLO VILLAGE H January 7,1998 PAGE 7 3. Chapter 2 1.95 Hillside Development Regulations A Hillside Development Permit was processed concurrently with MP 139(E) and approved in 1993. All grading required for this development is consistent with that previous approval, and no additional hillside development permits are required for the grading of this project. 4. Chapter 20 Subdivision Ordinance The proposed tentative map complies with all the requirements of the City’s Subdivision Ordinance, Title 20 of the Carlsbad Municipal Code. Primary access to the property is provided by Melrose Drive, a non loaded prime arterial. The proposed project is required to provide streets, sidewalks, street lights, and fire hydrants as shown on the tentative map or included as conditions of approval. The local streets have adequate private right-of-way. The proposed street system is adequate to handle the project’s pedestrian and vehicular traffk and accommodate emergency vehicles. Traffic access to the adjacent western parcel has been considered and is a part of the design and conditioning of the subdivision. Drainage requirements of the Ranch0 Carrillo Master Plan have been considered and appropriate drainage facilities have been designed and will be installed as part of this subdivision. In addition to City Engineering Standards and compliance with the City’s Master Drainage Plan, National Pollution Discharge Elimination System standards will be satisfied to help prevent any discharge violations. The subdivision 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. The project has been designed and structured such that there are no conflicts with any established easements. D. Growth Management The proposed project is located within Local Facilities Management Zone 18. The Ranch0 Carrillo Master Plan has mitigated all impacts created by this subdivision. V. ENVIRONMENTAL REVIEW The direct, indirect, and cumulative environmental impacts from the future development of the Ranch0 Carrillo Master Plan were analyzed by the Ranch0 Carrillo Master Plan Environmental Impact Report (EIR) 91-04. The project qualifies as being within the scope of both the City’s Master Environmental Impact Report for the General Plan and Final EIR 91-04 in accordance with Section 21083.3 of the California Environmental Quality Act; therefore, the Planning Director issued a Notice of Prior Environmental Compliance on October 24, 1997. With regard to air quality and circulation impacts, the City’s MEIR found that the cumulative impacts of the implementation of projects consistent with the General Plan are significant and adverse due to regional factors, therefore, the City Council adopted a statement of overriding consideration. 39 The project is consistent with the General Plan as to these effects; therefore, no additional document is required. CT 97-Ol/PUD 97-01 - RAKHO CARRILLO VILLAGE H January 7,1998 ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. Planning Commission Resolution No. 4229 Planning Commission Resolution No. 4230 Location Map Background Data Sheet Notice of Prior Environmental Compliance dated October 24, 1997 Local Facilities Impact Assessment Form Disclosure Form Reduced Exhibits dated January 7,1998 Full Sized Exhibits “A”-‘%“, dated January 1998 BH:mh BACKGROUND DATA SHEET CASE NO: CT 97-O 1 CASE NAME: Ranch0 Carrillo Village H APPLICANT: Continental Ranch. Inc. REQUEST AND LOCATION: Subdivision and Planned Unit Development Ranch0 Carrillo LEGAL DESCRIPTION: A nortion of Fractional Sections 13 and 24, Townshin 12 South, Range 4 West. San Bernardino Meridian, and all that nortion of Section 18 and 19, Townshin 12 South, Range 3 West, San Bernardino Meridian APN: 2 15-03 l-05.06 and 22 1-012-l 2 Acres: 52.1 Proposed No. of Lots/Units: 77/73 GENERAL PLAN AND ZONING Land Use Designation: RLM Density Allowed: 3.2 Density Proposed: 2.5 Existing Zone: PC Proposed Zone: PC Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning Land Use Site PC RLM North PC RH south PC RLM East PC west LC RL PUBLIC FACILITIES School District: San Matzos Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 73 Public Facilities Fee Agreement, dated: Januarv 10. 1997 ENVIRONMENTAL IMPACT ASSESSMENT cl Negative Declaration, issued 0 Certified Environmental Impact Report, dated lxl Other, Prior Comnliance dated October 24. 1997 41 PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: Ranch0 Carrillo Village H Project Location: Southwest of future intersection of Palomar Airport Road and Melrose Drive Project Description: 77 lot subdivision Justification for this determination 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 20 DATED: OCTOBER 24, 1997 CASE NO: CT 97-01 /PUD 97-01 CASE NAME: RANCH0 CARRILLO VILLAGE H PUBLISH DATE: OCTOBER 24, 1997 MICHAEL J. H’CSLZMLER Planning Director 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1161. FAX (760) 438-0894 64 A. B. C. D. E. F. G. H. I. J. IL L. - - CITY OF CARLSBAD GROWTH MANAGEMJZNT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMFNI’ FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Ranch0 Carrillo Village H CT 97-01 LOCAL FACILITY MANAGEMENT ZONE: 18 GENERAL PLAN: RLM ZONING: PC DEVELOPER’S NAME: Continental Ranch. Inc. ADDRESS: 12636 High Bluff Drive San Diego CA PHONE NO.: (619)7932580 ASSESSOR’S PARCEL NO.: 2115-031-05.06, and 221-012-12 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 73 DU ESTIMATED COMPLETION DATE: 1999 City Administrative Facilities: Demand in Square Footage = 254 Library: Demand in Square Footage = 135 Wastewater Treatment Capacity (Calculate with J. Sewer) see J Park: Demand in Acreage = per Parks Agreement Drainage: Demand in CFS = Per Master Plan Identify Drainage Basin = Per Master Plan (Identify master plan facilities on site plan) Circulation: Demand in ADT = 730 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 5 Open Space: Schools: Acreage Provided = (Demands to be determined by staff) Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = over 35% of Master Plan San Marcos Unified Per Master Plan Per Master Plan The project is 21 units under the Growth Management Dwelling unit allowance. 43 DISCLOSURE STx-r~ivlI3T ~PPLIC.~~~SSTXTZ~~ENTOFDISCLOSUREORCERT~NOwNERSHIPI~RESTSONAU-~~P~~~~~~Z XHICH WILL REQUIRE DISCRETIOSARY ACTION ON ‘i3fE PART OF THE CI-TY COUNCIL OR A?\’ .-+j’POINTED BOARD. COMMISSION OR COXfbfm Tease Prim) ‘he followiq information must be disclosed: List the names and addresses of all persons having z Continental Ranch, Inc. ;rnanciai interest in the appiicarion. 12636 High Bluff Drive, Ste, 300 San Dieqo, CA 92130 7 -. - 2 . Owner List the names and addressees of ail person having snv ownership interest in the property invoh Continental. Ranch. UC- I 12636 Hish Bluff Drive, Ste, 300 San Rb?o= CA 97130 . If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the na: and addresses of all individuals owning more than 10~: any partnership interest in tie pannership. of the shares in the corporation or 0~ 1. If any person identified pursuant KO (1) or (2) abox- L is a nonqofit organizarion or a fwf. Iis names and addresses of any persop sen-ing as oe,czr as trustee or beneficiary of the met. 3r ciirezor of the non-profit organizacic D ISCLOS.FRl’iI Z’96 2075 -3s Palmas Orlve - Carlsoac. C~IIT~,TI~ gZOOCr- 1576 - (61 p; &38-‘16i Disclosure Statement (Over, Page 2 5. Have you had more than $250.00 worth of business transacted with any member of City staff Boards, Commissions, Committees and Council within the past twelve months? Yes No If yes, please indicate person(s) X Person is defined as “Any individual, firm, copartnership, joint venture, association, social club, fraternal organization. corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” (NOTE: Attach additional pages as necessary) Signature of Owner/date &V/P A* ~~n%w= Print or type name of owner , Signature of applicant/date . hv/DAr-~TWe Print or type name of applicant DI.SCLOS.FRM . ’ . r/s- PAGE 1 of 2 dii I/// /jij l/pIq ii!!,\ III/ i Ii/; 1 pi : 1 II! i;li!f!* /I/!//)/ f!ilillrtrrjl!a;jirrj i~lf:IliIrll,lalalrl~ , i I ! I > I in,-“.“.- I i ____---“’ Cl -.I--. llYL m-111 - y. - - ” -I= =- ~~~ - - - - - .- m II- - LI - - -- II- - .- -- -- --nMmm -2 -e Q -7 .k - C- - EZO - -“, .- LI - Y- u- - C - * . - rc- - w .- - *- = - - kill: 9.4 11- = WC ummemlar - -T--z-- r= - * -am-- -S .---e---s. .I9 ZZ.Z C - I - LI”LUS - - . 0- NOTES . au------ ===- :=“L- 1 ““-CIII-.mC”- -1--9.-Ly-- -mu-m--“-“-4 . --I)--- LL.--I.I..- ----- . =I==tz--;r,-;l*. ---L . --I-..--- --e-.--m ‘tc$ Lancisca e Concept Details & Plant Palette f I fl i w. -. . _ - 0 U Z a B i 0 f u Z a I i I fi P h EXWBIT 5 4. CT 97-011PUD 97-01 - RANCH0 CARRILLO VILLAGE H - Request for a Tentative Map and a Planned Development Permit to subdivide the property into 77 lots of which 73 lots would be for the purpose of single family development, 3 lots would be open space, and 1 lot would be used as a private street within Village H of the Ranch0 Carrillo Master Plan and Local Facilities Management Zone 18. Chairperson Noble announced that the Commission’s action on this item is not final and will be forwarded to the City Council for its consideration. Project Planner, Brian Hunter presented the staff report as follows: This is a request for a Tentative Map and a Planned Unit Development in Ranch0 Carrillo Village H. The applicant is requesting approval of a subdivision that will provide lots for 73 single family dwelling units. The minimum lot size is over 8,000 square feet and they are requesting private streets because they wish to gate the community. As part of the Ranch0 Carrillo Master Plan, they are asking for a recommendation for approval of the design guidelines for this village. Those design guidelines identify housing product and plotting and other development standards. This project is consistent with the General Plan, the Ranch0 Carrillo Master Plan, the City’s Subdivision Ordinance, the Planned Unit Development Ordinance, and other requirements. Mr. Hunter presented an Errata Sheet containing several additions, deletions, and corrections and briefly reviewed each of them. Regarding new Condition No. 4, Resolution No 4230, Commissioner Heineman asked if the intent was to require “roll-up garage doors” with automatic openers. Mr. Hunter replied that Commissioner Heineman is correct and that “roll-up garage doors” is what he intended in this condition. Due to the deletion of Conditions No. 61, 62, and 63, and their replacement with a new condition, Commissioner Compas asked if the new condition will become Condition No. 61 and if all of the following conditions will be renumbered. Mr. Hunter replied affirmatively. David Lother, Project Manager for Continental Homes, 12636 High Bluff Drive, Suite 300, San Diego, pointed out that a recent (October 1997) Master Plan Amendment did not change the total number of units in the Master Plan. He stated that Village H is the first in a series of five applications which follows that Master Plan Amendment, and in addition, Continental Homes will also be bringing three more villages to the Planning Commission, within the next several months. Mr. Lother stated that it is their intent to achieve Grand Opening during the Summer of 1998. Mr. Lother described Village H as having a gate guarded entry, exceptional views, private streets, and the largest and most attractive houses in Ranch0 Carrillo. all of Mr. Lother further stated total concurrence with the Errata Sheet and the staff report. MINUTES PLANNING COMMISSION c January 7, 1998 Page 16 Commissioner Compas asked when they intend to begin construction and the approximate price range of the homes. Mr. Lother replied that in order to achieve Grand Opening by the Summer, they would have to begin construction by early Spring and they expect that the range of price will be from the high $400,000 up to as high as $600,000 Commissioner Heineman asked for an approximate square footage of these.homes and Mr. Lother replied that they would be approximately 3,200 and higher. Referring to the design guidelines which states: “. . . a maximum of four chimneys shall be permitted on any one residence . . V . , Commissioner Welshons asked if houses are built with four chimneys these days. Mr. Lother replied that it is not seen very often and that he does not expect to see very many of them (if any) in this type of development. The product proposed for this project is a semi-custom product and although it is possible to have that many chimneys, it is highly unlikely. Commissioner Welshons asked Mr. Lother to explain why it has been projected that thirteen out of the 73 homes may have only a five foot front yard setback and why they appear to be “scrimping” there. Mr. Lother responded by explaining that the five foot setback is an option in the Design Guidelines. However, he stated, they have reviewed that option and he is doubtful as to whether they will ever exercise that option on more that two to four of those lots. Commissioner Welshons then asked if Mr. Lother’s statement could be taken as a “gentleman’s agreement” that they will not exceed more than three or four homes with a five foot setback. Mr. Lother replied affirmatively. Referring to Page 3 in the Design Guidelines, Commissioner Welshons asked why stay with a side yard with a maximum of ten feet when you have these very very large lots. Additionally, she asked if, with a very large house, wouldn’t it be more enticing to have side yards larger than ten feet so that the houses won’t appear and feel like they are right on top of each other? Commissioner Welshons also asked the same question regarding rear yards with a maximum of twenty feet and asked the developer if he can do better on the setbacks, both side and rear. Chris Chambers, Continental Homes, 12636 High Bluff Drive, Suite 300, San Diego, stated that to get a house of the projected size, a certain width of lot is required. He went on to point out that some of the lots are as narrow as 75 feet which narrows the available space (with the setbacks) to 60 feet and with a single story house, nearly all of the width of the lot will be used. He further stated that the problem lies with the single story placement. Mr. Chambers responded to the question of whether they can do better with regard to setbacks by stating that Continental feels that they have already compromised in several areas of the Master Plan and to compromise in the area of setbacks, will hinder their ability to construct the size and quality of home that will allow them to receive a favorable return on their investment. Mr. Chamber also agreed to the “gentleman’s agreement” as previously stated. . Seeing no one else wishing to testii, Chairperson Noble closed Public Testimony. MINUTES 514 - PLANNING COMMISSION January 7, 1998 hlc Page 17 ACTION: Motion by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolutions No. 4229 and 4230, recommending approval of CT g7- 01 and PUD 97-01, based upon the findings and subject to the conditions contained therein, to include the Errata Sheet, Exhibit “I” (the description of the Bressi Ranch) and to amend new condition No. 4 to read as follows: “Garages that face directly onto a private driveway that have less than a 20’ setback shall be equipped with roll-up doors and an automatic garage door opener. Also, the , conditions are to be appropriately re-numbered. VOTE: 7-o AYES: Noble, Heineman, Savary, Monroy, Welshons, Compas, and Nielsen NOES: None ABSTAIN: None - NOTICE OF PUBLIC HEARING CT 97-Ol/PUD 97-01 - RANCH0 CARRILLO VILLAGE H NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, March 3, 1998, to consider an application for a Tentative Tract Map and a Planned Unit Development to subdivide 52.1 acres of property into 77 lots, (73 single family lots, 3 open space lots, and 1 lot for a private street), within Village H of the Ranch0 Carrillo Master Plan, on property generally located south of the intersection of Melrose Drive and Palomar Airport Road, on the west side of Melrose Drive, in Local Facilities Management Zone 18, and more particularly described as: All that portion of Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, and all that Portion of Sections 18 and 19 of Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California. If you have any questions regarding this matter, please contact Brian Hunter, in the Planning Department, at (760) 438-1161, extension 4457. If you challenge the Tentative Tract Map and/or Planned Unit Development in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. The time within which you may judicially challenge this Tentative Tract Map, if approved, is established by state law and/or city ordinance and is very short. APPLICANT: Continental Ranch, Inc. PUBLISH: February 21, 1998 CARLSBAD CITY COUNCIL -7 SITE H I i I I RANCH0 CARRILLO VILLAGE “H” = CT 970Ol/PUD 97-01 SUN CONTRACTING CORP PO BOX 80036 SAN DIEGO CA 92138-0036 GENTRY WIMPEY INC 9754 WHITHORN DR HOUSTON TX 77095-5024 CARRILLO RANCH0 PART 591 CAMINO DE LA REINA 616 SAN DIEGO CA 92 108-3 108 RANCH0 CARRILLO INC 12636 HIGH BLUFF DR 300 SAN DIEGO CA 92 130-207 1 - GENTRY WIMPEY INC 9171 TOWNE CENTRE DR 355 SAN DIEGO CA 92122-1237 CONTlNENTAfiNCH IN LENNAR RANCH VENTURE BRESSI 23333 AVENIDA LA CAZA COT0 DE CAZA CA 92679-3949 CONTINENTAL RANCH IN 12636 HIGH BLUFF DR 300 SAN DIEGO CA 92 130-2071 CARLSBAD UNIF SCHOOL DIST 801 PINE AVE CARLSBAD CA 92008 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 VALLECITOS WATER DIST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME SUITE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 SAN MARCOS SCHOOL DIST 1 CIVIC CENTER DR SAN MARCOS CA 92069 LEUCADIA WATER DIST 1960 LA COSTA AVE CARLSBAD CA 92009 SD COUNTY PLANNING SUITE B 5201 RUFFIN RD SAN DIEGO CA 92123 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 ENCINITAS UNION SCHOOL DIST 101 SO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DIST 1966 OLIVENHAIN RD ENCINITAS CA 92024 ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 REGIONAL WATER QUALITY SANDAG SUITE B SUITE 800 9771 CLAIREMONT MESA BLVD 4OQj B STREET SAN DIEGO CA 92124-l 331 SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT PUBLIC WORKS - OAK STREET I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 (ABOVE ADDRESS - For City Council Notices Only) CITY OF CARLSBAD MUNICIPAL WATER DISTRICT PROJECT PLANNER BRIAN HUNTER 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, January 7, 1998, to consider a request for a’Tentative Map and a Planned Development Permit to subdivide the property into 77 lots of which 73 lots would ,be for the purpose of single family development, 3 lots would be open space, and 1 lot would be used as a private street within Village H of the Ranch0 Carrillo Master Plan on property generally located at south of the intersection of Melrose Drive and Palomar Airport Road on the west side of Melrose Drive in Local Facilities Management Zone 18 and more particularly described as: All that portion of Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, and all that Portion of Section 18 and 19 of Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California. 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 January 2, 1998. If you have any questions, please call Brian Hunter in the Planning Department at (760) 438-l 161, extension 4457. The time within which you may judicially challenge this Tentative Tract Map and Planned Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map and/or Planned . Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 97-Ol/PUD 97-01 CASE NAME: RANCH0 CARRILLO VILLAGE H PUBLISH: DECEMBER 26,1997 CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-11610 FAX (760) 438-0894 @ - (Form A) TO: FROM: CITY CLERK’S OFFICE PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice CT 97-Ol/PUD 97-01 - Ranch0 Carrillo Village H for a public hearing before the City Council. Please notice the item for the council meeting of . Thank you. February 19, 1998 Oate