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
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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.
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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.”
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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
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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:
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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.
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5.
6.
7.
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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
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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
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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.
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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.
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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.
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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
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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:
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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79.
80.
81.
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83.
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86.
. . .
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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
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 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
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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:
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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
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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-
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2.
3.
4.
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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
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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