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HomeMy WebLinkAbout1999-05-18; City Council; 15208; Rancho Carrillo Village B- e CITY OF CARLSBAD - AGEhOA BILL AB# /<Ad? -1 MTG. 5118199 RANCH0 CARRILLO VILLAGE B - PHASE II CT 98-15/CP 98-08/SDP 98-17 DEPT. PLN d CITY MGR %b RECOMMENDED ACTION: That the City Council ADOPT Resolution No. ci9 - 13 6 , APPROVING CT 98-15, CP 98-08, and SDP 98-17 as recommended for approval by the Planning Commission. ITEM EXPLANATION: The proposal involves a Tentative Map, Condominium Permit, and Site Development Plan, which will allow for the development of 124 multi-family attached condominium units. Eighty two of the units will be for-sale affordable units, which fulfills Ranch0 Carrillo’s Master Plan affordable housing requirement. The project is subject to and in compliance with the General Plan and the Ranch0 Carrillo Master Plan certified EIR. The applicant is requesting a reduction of standards to the private street width from 30 feet to 24 feet and reduced setback for five units from 20 feet to 5 feet. Otherwise the project is in compliance with all applicable zoning ordinances, and the Subdivision ordinance. Please see the attached staff report to the Planning Commission, dated April 7, 1999, for a complete analysis of the project’s compliance with the subject policies, plans, and ordinances. The Planning Commission conducted a public hearing on April 7, 1999, and voted 4-O (L’Heureux, Nielsen and Welshons absent), to recommend approval of the project without revisions. No one spoke in opposition to the project. ENVIRONMENTAL REVIEW: An environmental analysis of the proposed project was conducted and no significant impacts were identified. Specifically, the addition of underlying zoning for the residential villages, the modification of design standards for Village B, and the approval of discretionary permits for 124 dwelling units was adequately analyzed in a previous Environmental Impact Report (EIR 91-04) for the Ranch0 Carrillo project and the Master Environmental Impact Report for the 1994 General Plan update. In consideration of the foregoing, the Planning Director issued a Notice of Prior Compliance on December 16, 1998. GROWTH MANAGEMENT STATUS: The project is located within Local Facilities Management Zone 18. The Growth Control Point is 19 dwelling units per acre for the RH General Plan Land Use designation, while the project is proposing 17 dwelling units per acre. The project is located within CFD No. 1 and as a 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: The applicant has made application to the Housing Department for financial assistance for the affordable housing component of the project. Housing will bring the request before the City Council as a separate hearing item. - PAGE 2 OF AGENbi BILL NO. 15,209 EXHIBITS: 1. 2. 3. 4. 5. City Council Resolution No. q?- / 76 Location Map Planning Commission Resolutions No. 4467,4468, and 4469 Planning Commission Staff Report, dated April 7, 1999 Excerpt of Planning Commission Minutes, dated April 7, 1999 RESOLUTION NO. 99-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE MAP CONDOMINIUM PERMIT AND SITE DEVELOPMENT PLAN TO ALLOW A ONE LOT SUBDIVISION INTO 124 MULTI-FAMILY Al-l-ACHED DWELLING UNITS ALL ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF MELROSE DRIVE. CASE NAME: RANCH0 CARRILLO VILLAGE B - PHASE II CASE NO.: CT 98-l XP 98-08/SDP 98-l 7 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on April 7, 1999, the Planning Commission held a duly noticed public hearing to consider a Tentative Map (CT 98-15) Condominium Permit (CP 98-08) and Site Development Plan (SDP 98-17) and adopted Planning Commission Resolutions No. 4467, 4468, 4469, respectively, recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the day of 18 th May , 1999, held a public hearing to consider the recommendations and heard all persons interested in or opposed to CT 98-15, CP 98-08, and SDP 98-17. 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 recommendation of the Planning Commission for the approval of the Tentative Map (CT 98-15) is approved and that the findings and conditions of the Planning Commission Resolution No. 4467, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 4. That the recommendation of the Planning Commission for the approval of the Condominium Permit (CP 98-08) is approved and that the findings and conditions of the Planning Commission Resolution No. 4468, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 5. That the recommendation of the Planning Commission for the approval of the Site Development Plan (SDP 98-17) is approved and that the findings and conditions of the Planning Commission Resolution No. 4469, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3 1 6. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial 2 Review” shall apply: 3 II “NOTICE TO APPLICANT” 4 5 6 7 8 9 10 “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 preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.” 11 12 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 13 Carlsbad on the 18 &lay of Mav 1999, by the fallowing vote, to wit: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ABSENT: None ATTEST: (SEAL) -2- f! EXHIBIT 2 SITE RANCH0 CARRILLO VILLAGE B PHASE II CT 98-1 XP 98908ISDP 98-17 1 /I PLANNING COMMISSION RESOLUTION NO. 4467 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 98-15 TO CREATE 124 AIR SPACE CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: RANCH0 CARRILLO VILLAGE B - PHASE II SE NO.: CT 98-15 8 WHEREAS, Continental Ranch, Inc., “Developer”, has filed a verified 9 application with the City of Carlsbad regarding property owned by Continental Ranch, Inc., 10 II “Owner”, described as Lots 206 and 208 of Carlsbad Tract No. 97-02, Ranch0 Carrillo Village “A-D”, In the City of Carlsbad, County of San Diego, State of California, According to the map thereof No. 13582, filed in the Office of the County Recorder of San Diego County, June 10, 15 16 (“the Property”); and 17 18 19 20 WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “R” dated March 3,1999, on file in the Planning Department RANCH0 CARRILLO VILLAGE B - PHASE II, CT 98-15, as provided by Title 20 of the Carlsbad Municipal Code; and 21 22 23 24 25 26 WHEREAS, the Planning Commission did, on the 3rd day of March, 1999 and on the 7th day of April, 1999, 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 27 I( relating to the Tentative Tract Map. I 28 /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission of RANCH0 CARRILLO VILLAGE B - PHASE II, CT 98-15, based on the following findings and subject to the following conditions: 1. 2. 3. 4. 5. 6. 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 it is a residential subdivision designed in accordance with the Subdivision and Planned Development Ordinances, as well as the approved Ranch0 Carrillo Master Plan (and its subsequent amendments), is in compliance with the recommendations of the required technical studies for soils and drainage, and provides all public improvements necessary to serve the demand generated by the development. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan and the Ranch0 Carrillo Master Plan. The Palomar Airport Road right-of-way separates this site from non-residential uses to the north. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project is consistent with residential development designated for Village B by the Ranch0 Carrillo Master Plan, and the mass grading plan approved by Hillside Development Permit HDP 91-17. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and structured such that there are no conflicts with any established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the area’s dominant western wind pattern/solar radiation patterns will allow utilization of natural 7 PC RESO NO. 4467 -2- / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 heating and cooling opportunities. 7. 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. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that all applicable biological mitigation measures required by Final EIR 91-04 and MEIR 93-01 have been incorporated into the project and/or added to the project as conditions of approval. 9. 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 sewer and drainage requirements of the Ranch0 Carrillo Master Plan and EIR 91-04 have been considered and appropriate sewer and drainage facilities have been designed to accommodate the project. In addition to City Engineering Standards and compliance with the City’s Master Sewer and Drainage Plans, National Pollution Discharge Elimination System (NPDES) standards will be satisfied to prevent any discharge violations. 10. The Planning Commission finds that the project, as conditioned herein for RANCH0 CARRILLO VILLAGE B - PHASE II, CT 98-15, is in conformance with the Elements of the City’s General Plan, based on the following: A. B. C. D. E. Land Use - The project is consistent with the City’s General Plan Residential High (RH) land use designation since the proposed density of 17 du/acre is within the density range of 15-23 du/acre specified for the site as indicated on the Land Use Element of the General Plan. Circulation - The project is conditioned to complete all necessary onsite and offsite roadway improvements prior to occupancy of any unit in each phase. Additionally, all roadway improvements to serve this portion of the Ranch0 Carrillo Master Plan must be guaranteed and substantially completed prior to occupancy of units in Village B - Phase II. The project has been conditioned to ensure conformance with the Noise Element of the General Plan. Housing - That the project is consistent with Policy 3.6.a of the Housing Element of the General Plan and the Inclusionary Housing Ordinance as Village B is providing the balance of the inclusionary requirements for the Ranch0 Carrillo Master Plan. Open Space and Conservation - The project is consistent with the Ranch0 PC RESO NO. 4467 -3- 8 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 - Carrillo Master Plan and Zone 18 LFMP in that 189.9 acres of performance standard open space will be provided throughout the Master Plan. This is over 35% of the net developable acreage of the Ranch0 Carrillo Master Plan which exceeds the 15% Growth Management requirement. F. Public Safety - In accordance with the Ranch0 Carrillo mass grading plan (HDP 91-17) and the Village B - Phase II grading plan and final soils report, all unacceptable soil conditions will be mitigated to facilitate construction. Standard engineering grading conditions will be required for all requisite grading. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: A. B. C. D. E. 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. The project has been conditioned to provide proof from the San Marcos School District that the project has satisfied its obligation for school facilities. All necessary public improvements have been provided or are required as conditions of approval. 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 PIan. The Ranch0 Carrillo Master Plan has entered into a Parks Agreement with the City of Carlsbad. 12. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 18. 13. The Planning Commission finds that: A. The project is a subsequent development as described in CEQA Guidelines 15168 (c)(2) and (e), and 15 183; B. The project is consistent with the General Plan Master EIR (MEIR 93-01) and Ranch0 Carrillo Master Plan EIR (EIR 91-04); PC RESO NO. 4467 -4- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 19. 20. C. There were EIRs certified in connection with the prior 1994 General Plan Update and Ranch0 Carrillo Master Plan; 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 Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. That all feasible mitigation measures or project alternatives identified in the MEIR 93-01 and EIR 91-04 which are appropriate to this subsequent project have been incorporated into this subsequent project. That MEIR 93-01 found that air quality and circulation impacts are significant and adverse; therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to those effects, no additional environmental document is required. That the project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. That the project is consistent with the City’s Landscape Manual, pursuant to Section 14.28.020, adopted by City Council Resolution No. 90-384. 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 caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused the project. The project, as designed, implements certain objectives and mitigation measures established by the General Plan Master EIR to reduce cumulative air quality and circulation impacts as applicable to a residential project of this scale. These include: providing links to public sidewalk systems that connect with transportation corridors, future schools, parks, and trail systems; providing for safe pedestrian and bicycle movements within the project and designing the project to accommodate pedestrian spaces as well as proposed parking areas and building locations. The Planning Director has found that, based on the EIA Part II, this subsequent project was described in the MEIR 93-01 and EIR 91-04 as within its scope; AND there will be no additional significant effect, not analyzed therein; AND that no new or additional mitigation measures or alternatives are required; AND that therefore this subsequent project is within the scope of the prior EIR, and no new environmental document nor Public Resources Code 21081 findings are required. PC RESO NO. 4467 -5- /O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. That this project could have a potentially significant negative cumulative traffic impact on the Palomar Airport Road/ El Camino Real intersection. However, this project has been conditioned to pay its fair share of the “short-term improvements” thereby, guaranteeing implementation of a mitigation measure that reduces the potential impact to a level of insignificance. Note: 1. 2. 3. 4. 5. 6. 7. 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. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Tentative Tract Map document(s) 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 different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad and 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 or issuance of any permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein, and (b) 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-inch by 36-inch 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” by 36” blueline drawing. 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. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended f?om time to time, and any development PC RESO NO. 4467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. C fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated 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. 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. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of CT 98-15 is granted subject to the approval of Condominium Permit CP 98- 08 and Site Development Plan 98-17. CT 98-15 is subject to all conditions contained in Planning Commission Resolution No. 4468 for the Condominium Permit CP 98-08 and Planning Commission Resolution No. 4449 for the Site Development Plan, SDP 98-17. 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 CC&Rs shall contain the following provisions: A. General Enforcement by the City. 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 -non to Mainta in 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 PC RESO NO. 4467 -7- /of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. D. E. F. work to be completed and shall be entitled to reimbursement with respect thereto f?om the Owners as provided herein. J,evied bv the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection 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. Prior to the occupancy of any dwelling units in Village B - Phase II, this same Village B - Phase II shall be annexed into the Ranch0 Carrillo Master Homeowner’s Association. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights and storm drain 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. The developer shall provide for sight distance corridors in accordance with Engineering Standards and the conforming mylar tentative map; and shall record the following statements on the conforming mylar tentative map and preliminary landscape plan: 1) Mature vegetation within the site line area of all intersections shall be no greater than 30” in height or have a canopy no less than 8’ in height. PC RESO NO. 4467 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 2) No structure, fence, wall, sign, or other object over 30 inches above the street level shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards and the conforming mylar tentative map. The underlying property owner, or homeowner’s association shall maintain this condition. 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. The developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the issuance of the first Building Permit, the Developer shall provide to the Planning Director a copy of the Department of Real Estate-approved Condominium Plan vvhich is in conformance with the City-approved plans and exhibits. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Map by Resolution No. 4467 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 17. 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 fi-om 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 fi-om weeds, trash, and debris. 18. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s improvement and grading plans. 19. Prior to occupancy of individual units, the applicant shall construct the community theme/noise attenuation walls shown on the Landscape Concept Plan Exhibit. PC RESO NO. 4467 -9- )1/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. Prior to issuance of building permits, the applicant shall demonstrate that the following mitigation has been provided: (1) the interior noise levels shall be mitigated to 45 dBA CNEL when openings to the exterior of the residence are closed; and (2) if openings are required to be closed to meet the City standard, mechanical ventilation shall be provided. . . and Identrflcation 21. Prior to occupancy of any units, the Developer shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. 22. 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. II . . . Miscellaneous ConditiogS 23. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. 24. 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. 25. 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. II Environmental 26. The Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in the Final EIR 91-04 and MEIR 93-01 that are found by this resolution to be feasible and applicable to this project. 27. The Developer shall implement, or cause the implementation of applicable portions of, the Ranch0 Carrillo Master Plan Final EIR Project Mitigation Monitoring and Reporting Program. 28. The Developer, or their successors in interest, shall improve the project site with the project as described in the Final EIR 91-04, except as modified by this resolution. 29. 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 II PC RESO NO. 4467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30. 31. 32. may be subject to noise impacts from the proposed or existing Transportation Corridors (Palomar Airport Road and Melrose Drive), in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight, and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 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 pay their fair share for the “short-term improvements” to the El Camino Real/ Palomar Airport Road intersection prior to approval of the final map or the issuance of a grading permit, whichever occurs first. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 18 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. Housing 33. 34. 35. 36. Prior to the approval of the final map, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 82 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. Prior to final map, a copy of the recorded Affordable Housing Agreement shall be submitted to the Planning Department. 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. All units within buildings 1,2,3,4,7,8,9,11,12,13,17,18,19,20,22,23,24, and 25 on Lots 206 and 208 of Carlsbad Tract 97-02 are designated as affordable units. Ten percent of the buildings containing affordable units may be relocated within Village B - Phase II. PC RESO NO. 4467 IL -ll- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 37. 38. 39. 40. There shall be one final subdivision map recorded for this project. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights and storm drain 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. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall provide for sight distance corridors in accordance with Engineering Standards and the conforming mylar tentative map; and, shall record the following statements on the conformin? mylar tentative mar, and nreliminarv landscape plan: A. Mature vegetation within the site line area of all intersections shall be no greater than 30” in height or have a canopy no less than 8’ in height. B. No structure, fence, wall, sign, or other object over 30 inches above the street level shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards and the conforming mylar tentative map. The underlying property owner, or homeowner’s association shall maintain this condition. Gradine 41. 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 building permit for the project. The grading plans shall reflect the drainage requirement for City Standard GS-14 along the project’s southerly . property line. The drainage requirement for City Standard GS -14 shall be shown in plan and section views on the tentative map conforming mylar. . Dedicatiorasllmurovements 42. Direct access rights for all lots abutting Melrose Drive shall be waived on the final map. (Reference the intersection of Private Drive “B” with Private Drive “G” on the tentative map for the specific location.) PC RESO NO. 4467 -12- /7 1 43. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 44. 16 17 18 19 20 21 22 23 24 25 26 27 45’ The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map, and the following improvements: A. Installation of a 4-way fully actuated traffk signal at the “A-A” Street/Melrose Drive intersection. B. Full improvements to the following streets: l Village “A* (CT 98-03), “A-A” Street to Village “A,” “A-C” Street; l Village “A” (CT 98-03), “A-C” Street to Village “B,‘) Phase II, Paseo Acampo; l Village “B,” Paseo Acampo. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. The design of all Village “B,” Phase II private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform 28 /I PC PESO NO. 4467 -13- /B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 for this project. Final MaD Notes . . 46. Notes to the following effect shall be placed on the final map as non-mapping data: A. All improvements for Village “B” are private and are to be privately maintained with the exception of sewer and water lines which are located within street and utility easements that are offered for public dedication. B. No structure, fence, wall, sign, or other object over 30 inches above the street level shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards and the conforming mylar tentative map. The underlying property owner, or homeowner’s association shall maintain this condition. C. Mature vegetation within the site line area of all intersections shall be no greater than 30” in height or have a canopy no less than 8’ in height. . . . Correctrons/Addltrons . . 47. The property owner shall execute a covenant for a reciprocal access easement and maintenance agreement for Ranch0 Carrillo Village “B,” Phases I and II, prior to issuance of any building permit. 48. The developer shall record an adjustment plat along the project’s southerly property line as indicated on the tentative map, prior to issuance of any building permit. Water 49. 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 any meter installation. 50. The Developer shall provide detailed information to the District Engineer regarding water demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer flow in million gallons per day. 51. The entire potable water system, recycled water system and sewer system shall be evaluated in detail by Developer and District Engineer to ensure that adequate capacity, pressure and flow demands can be met. PC RESO NO. 4467 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 52. All District pipelines, pump stations, pressure reducing stations and appurtenances required for this project by the District shall be within public right-of way or within easements granted to the District or the City of Carlsbad. 53. Sequentially, the Developer’s Engineer shall do the following: A. B. Meet with the City Fire Marshal and establish the fire protection requirements. Prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District Engineer. C. Prior to the preparation of sewer, water and recycled water improvement plans, the Developer shall submit preliminary system layouts to the District Engineer for review, comment and approval. 54. The following note shall be placed on the final map. “This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the district serving the development has adequate water and sewer capacity available at the time of development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy.” 55. 56. All potable water and recycled water meters shall be placed within public right-of-way. No more than nineteen (19) homes shall be served on a single potable water distribution pipeline. For those locations with more than nineteen (19) homes, a looped potable water pipeline system shall be designed. 57. A public fire flow system shall be required for this residential development, and it shall be constructed as a looped pipeline system. 58. m 59. All potable water and recycled water meters shall be placed within public right of way. Prior to issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and life safety requirements of the state and local Fire Codes. 60. Provide additional public fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but should be positioned no closer than 100 feet from terminus of a street or driveway. 61. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed, and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. PC BESO NO. 4467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 62. 63. 64. 65. 66. 67. 68. Applicant shall submit a site plan depicting emergency access routes, driveways, and traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to final inspection, 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 approvals 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. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. A monument sign shall be installed at the entrance to the driveway or private street indicating the addresses of the buildings on the site. General 69. 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 Map. . Code Reumders 70. 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 the time of building permit issuance, except as otherwise specifically provided herein. PC RESO NO. 4467 21 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 71. 72. 73. 74. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. The Developer shall submit a street name list consistent with the City’s street name policy and subject to the Planning Director’s approval prior to final map approval. All garages shall be equipped with automatic garage door openers. This approval shall become null and void if a final map is not approved for this project within 24 months from the date of project approval. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . . . . . . . . . . . . . . . . PC RESO NO. 4467 -17- ds! t i E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of, April, 1999 by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Savary, and Segall NOES: ABSENT: Commissioners L’Heureux, Nielsen, and Welshons v - I COURTNEY E. HE!NEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HGLZMtiER Planning Director PC RESO NO. 4467 -18- d3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4468 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDOMINIUM PERMIT CP 98-08 FOR 124 AIR SPACE CONDOMINIUM UNITS WITHIN VILLAGE B - PHASE II IN THE RANCH0 CARRILLO MASTER PLAN ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: RANCH0 CARRILLO VILLAGE B - PHASE II CA= NO.: CP 98-08 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 Lots 206 and 208 of Carlsbad Tract No. 97-02, Ranch0 Carrillo Village “A-D”, In the City of Carlsbad, County of San Diego, State of California, According to the map thereof No. 13582, filed in the Office of the County Recorder of San Diego County, June 10,1998. (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibit(s) “A” - “R” dated March 3, 1999 ,on file in the Planning Department, RANCH0 CARRILLO VILLAGE B - PHASE II, CP 98-08 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of March, 1999 and on the 7th day of April, 1999 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAI, of RANCH0 CARRILLO VILLAGE B - PHASE II, CP 98-08, based on the following findings and subject to the following conditions: Findiags: 1. That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 2 of the General Plan, the Ranch0 Carrillo Master Plan, and all adopted plans of the City and other governmental agencies, in that the residential development standards and design criteria specified by the Planned Development Ordinance are generally adhered to within the Master Plan. Where modifications have occurred as allowed by the Master Plan process, it is in keeping with the overall intent and purpose of the Master Plan to provide a variety of housing types within this residential community. 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, in that the multi-family development will contribute to the balance of housing types in the City. 3. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity in that the project is conditioned to comply with the Zone 18 Local Facilities Management Plan ensuring that the necessary public facilities and infrastructure will be provided concurrent with demand and that grading will be in accordance with the provisions of the Grading Ordinance and the recommendations of the geotechnical analysis, and that adequate access to the site will be provided from Melrose Drive. 4. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 21.45.090 (except as modified pursuant to 21.53 for the reduction of some private street widths and building setbacks), 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 the project provides the necessary private street widths, conveniently located private recreation areas, adequate resident and guest parking, setbacks and landscaping. 5. That the proposed project is designed to be sensitive to and blend in with the natural PC RESO NO. 4468 -2- 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 topography of the site, and maintains and enhances significant natural resources on the site, in that the project grading is consistent with the approved Ranch0 Carrillo Master Plan Hillside Development Permit, HDP 91-17, and units will provide variation in architecture and roof colors as well as landscaping and uniform fencing on HOA maintained slopes to screen structures from surrounding roadways. 6. That the proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that the project is consistent with the development type and intensity approved for Village B - Phase II by the Ranch0 Carrillo Master Plan. Village B - Phase II abuts Melrose Drive and is surrounded by other villages designated for multi-family development. 7. That the project’s circulation system is designed to be efficient and .well integrated with the project and does not dominate the project, in that the internal circulation is designed to provide automobile access to each of the units garage and to the guest parking spaces via a private street system and a pedestrian walkway system that provides access to each unit and across the project. 8. The Planning Commission finds 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 Ranch0 Carrillo Master Plan EIR (EIR 9 l-04). C. there was an EIR certified in connection with the prior 1994 General Plan and Ranch0 Carrillo Master Plan; d. the project has no new significant environmental effect not analyzed as significant in the prior EIRs; and e. none of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. 9. That all feasible mitigation measures or project alternatives identified in the MEIR 93-01 and EIR 91-04 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 10. That MEIR 93-01 found that air quality and circulation impacts are significant and adverse; therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to those effects, no additional environmental document is required. PC RESO NO. 4468 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. That the project is consistent with the City’s Landscape Manual, adopted by City Council Resolution No. 90-384. 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 caused 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. . . Condlttou . . 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Condominium Permit document(s), 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 different from this approval, shall require an amendment to this approval. 2. Approval of CP 98-08 is granted subject to approval of CT 98-15 and SDP 98-17. CP 98-08 is subject to all conditions contained in Planning Commission Resolutions No. 4467 for the tentative tract map and 4469 for the site development plan. 3. The exterior patio spaces (ground floor patio and second floor balcony space) shall not be enlarged or modified as to create an enclosed condition (i.e. solarium, screen room, or conditioned airspace). 4. 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 Condominium Permit. . . . PC RESO NO. 4468 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of April, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Savary, and Segall NOES: ABSENT: Commissioner L’Heureux, Nielsen, and Welshons CARLSBAD PLANNING COMMISSION ATTEST: w- - MICHAEL J. HOLZMILMR Planning Director PC RESO NO. 4468 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PJANNING COMMISSION RESOLUTION NO. 4469 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 98-17 FOR 124 AIR SPACE CONDOMINIUM UNITS IN VILLAGE B - PHASE II OF THE RANCH0 CARRILLO MASTER PLAN ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: RANCH0 CARRILLO VILLAGE B - PHASE II CASE NO.. . SDP 98-17 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 Lots 206 and 208 of Carlsbad Tract No. 97-02, Ranch0 Carrillo Village “A-D”, In the City of Carlsbad, County of San Diego, State of California, According to the map thereof No. 13582, filed in the Office of the County Recorder of San Diego County, June 10,1998. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “R” dated March 3, 1999, on tile in the Planning Department, RANCH0 CARRILLO VILLAGE B - PHASE II, CT 98-15, as provided by Chapter 2 1.06Section 2 1.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of March, 1999 and on the 7th day of April, 1999 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. a9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL OF RANCH0 CARRILLO VILLAGE B - PHASE II, CT 98-15, based on the following findings and subject to the following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed land use is consistent with the General Plan and Ranch0 Carrillo Master Plan; the multi-family units are compatible in design and materials to the adjacent proposed multi-family units; and the project would generate approximately 992 ADT which can be adequately handled by the new public and private streets designed in the project as well as the existing circulation system consisting of Palomar Airport Road and Melrose Avenue. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the 7.3 acre site is a flat, rough graded pad, with no physical or environmental constraints, graded in compliance with HDP 91-17. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the buildings are set back fifty feet from Palomar Airport Road and Melrose Drive; the site includes a portion of the master plan perimeter masonry noise attenuation walls and also provides village separation fences constructed of wood; landscaped common areas and courtyards located between the buildings are provided; and that topographic changes separate and buffer the site from the adjacent multi-family and transportation land uses. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project, as designed, has good on-site circulation; and the proposed private and public streets will be sized to meet the land use demand. 5. That the project is in conformity with the general plan and its adopted policies and goals of the city and that the reduction of the development standard (pursuant to section 21.53.120 of the CMC) in private street widths from thirty feet to twenty- four feet would not have a detrimental effect on the public health, safety and welfare in that the private streets are cul-de-sac streets which do not permit through traffic. The twenty-four foot private drive width allows adequate safe and efficient traffic PC PESO NO. 4469 -2- 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 circulation as the reduced width is adequate for vehicles backing out of garages and I provides adequate separation for two way traffic. 6. That the project is in conformity with the general plan and its adopted policies and goals of the city and that the reduction of the development standard (pursuant to Section 2153.120 of the CMC) of the front yard setback from twenty feet, for private streets with over twelve units, to five feet, would not have a detrimental effect on the public health, safety and welfare in that the units are located on private streets that do not have through public traffic and that the garages are equipped with automatic garage door openers. . . Condittm . . 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Site Development Plan document(s) 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 different from this approval, shall require an amendment to this approval. 2. Approval of SDP 98-17 is granted subject to the approval of Tentative Tract map 98-15 and Condominium Permit CP 98-08. SDP 98-17 is subject to all conditions contained in Planning Commission Resolution No. 4467 for Tentative Tract map 98-15 and Planning Commission Resolution No. 4468. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4469 -3- 3/ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Savary, and Segall NOES: ABSENT: Commissioner L’Heureux, Nielsen, and Welshons ABSTAIN: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . 1m MICHAEL-J. H~%IIk-kR Planning Director PC RESO NO. 4469 -4- 3a EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. 1 0 P.C. AGENDA OF: April 7, 1999 Project Engineer: Mike Shirey Sl B JECT: CT 98-15KP 98-08/SDP 98-17 - RANCH0 CARRILLO VILLAGE B - PHASE II - Request for approval of a Tentative Tract Map, Condominium Permit and Site Development Plan to construct 124 condominium units on property generally located within the Ranch0 Carrillo Master Plan near the southeast comer of Palomar Airport Road and Melrose Drive in Local Facilities Management Zone 18. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4467, 4468, 4469, RECOMMENDING APPROVAL of CT 98-15, CP 98-08, and SDP 98-15, based upon the findings and subject to the conditions contained therein, including the errata dated April 7, 1999. II. INTRODUCTION This item was originally scheduled to be heard on March 3, 1999 and was continued to April 7, 1999. ATTACHMENTS: 1. Errata sheet dated April 7,1999 2. Planning Commission Resolution No. 4467 (CT) 3. Planning Commission Resolution No. 4468 (CP) 4. Planning Commission Resolution No. 4469 (SDP) 5. Staff Report dated March 3, 1999, with attachments 33 April 7,1999 TO: PLANNING COMMISSION PLANNING DEPARTMENT SUBJECT: CT 98-15KP 98-08/SDP 98-17 - RANCH0 CARRILLO VILLAGE B - PHASE II Please replace Exhibit “A” and architectural exhibits (exhibits “G’‘-“R”) with the attached new plans. The revision is a result of floor plan number two being a three bedroom unit rather than a two bedroom unit as correctly stated in the staff report. On Table 1 and Table 2 on page two of the staff report, the three bedroom living square footage of 1,003 square feet should read as 1,034 square feet. The plan elevations have been modified to address the larger patio/deck area and window placement. Staff supports the revision. Please delete the last sentence on page 9 and add the following language to the “Environmental Section” of the staff report; The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to 4 15 162 of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements” thereby, guaranteeing mitigation to a level of insignificance. The applicant is in agreement with the proposed condition. Please modify Resolution No. 4467 by the followinudditions; New Finding 2 1. That this project could have a potentially significant negative cumulative traffic impact on the Palomar Airport Road/ El Camino Real intersection. However, this project has been conditioned to pay its fair share of the “short-term improvements” thereby, guaranteeing implementation of a mitigation measure that reduces the potential impact to a level of insignificance. New Condition 3 1 and then renumber. The Developer shall pay their fair share for the “short-term improvements” to the El Camino Real/ Palomar Airport Road intersection prior to approval of the final map or the issuance of a grading permit, whichever occurs first. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 18 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. - - The City of Carlsbad Planning Departme& A REPORT TO THE PLANNING COMMISSION Item No. 0 5 Application complete date: October 8, 1998 P.C. AGENDA OF: March 3,1999 Project Planner: Van Lynch Project Engineer: Mike Shirey Sl BJECT: CT 98 15/CP 98-08lSDP 98 17 - - - RANCH0 CARRILLO VILLAGE B - PHASE II - Request for approval of a Tentative Tract Map, Condominium Permit and Site Development Plan to construct 124 condominium units on property generally located within the Ranch0 Carrillo Master Plan near the southeast comer of Palomar Airport Road and Melrose Drive in Local Facilities Management Zone 18. That the Planning Commission ADOPT Planning Commission Resolutions No. 4467, 4468, 4469, RECOMMENDING APPROVAL of CT 98-15, CP 98-08, and SDP 98-15, based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The applications propose the development of the 7.3 acre, Village B - Phase II site of the Ranch0 Carrillo Master Plan with 27 four- and five-plex buildings for a total of 124 units. Eighty-two of the units will be sold as inclusionary units and the remaining 42 units will be sold as market rate units. Since this project has more than fifty units, the Planning Commission will be making a recommendation to the City Council. As designed and conditioned, the project is in conformance with the General Plan, Ranch0 Carrillo Master Plan, and Ranch0 Carrillo Final Environmental Impact Report. The project is in compliance with all City standards, with the exception of a reduced standard for private street widths pursuant to incentives allowed for inclusionary housing projects. All issues have been resolved. III. PROJECT DESCRZPTION AND BACKGROUND The Ranch0 Carrillo Master Plan was approved by City Council on October 21, 1997. The purpose of the Master Plan is to provide for the orderly development of Ranch0 Carrillo, while preserving the environmental resources of the area. Grading for the entire Master Plan area was approved under Hillside Development Permit HDP 9 l-l 7. For planning purposes, the Ranch0 Can-i110 Master Plan is divided into 19 villages. The Master Plan identifies the allowable type and intensity of land uses in each village and provides general development and design standards, requirements, and the method by which the Ranch0 Carrillo Master Plan will be implemented. CT 98-15/CP 98-08/SDP ~8-17 - RANCH0 CARRILLO VILLAGB B - PHASE II March 3,1999 Village B consists of 3 multi-family lots: Lots 206, 207, and 208. The development of 116 apartment units has already been approved for Lot 207 (Phase I). This application is for the development of 124 units on 7.3 acres consisting of Lots 206 and 208 (as Phase II) for a total of 240 units in Village B. This is 18 units less than the 258 units allowed by growth management. The proposed development, while located within the Planned Community (P-C) zone, has an underlying zoning designation of Residential Density-Multiple @D-M) and has a General Plan designation of Residential High Density (15-23 du/ac) with a 19 du/ac growth control point. The project density is 17 dwelling units per acre. The site sits adjacent to Palomar Airport Road and Melrose Drive and has already been rough-graded. Pursuant to the City’s adopted Inclusionary Housing Ordinance, 15% of the base dwelling units in the Master Plan must be provided for lower income households. The proposed project complies with this requirement by designating 82 of the 124 proposed condominium units to be sold as inclusionary units. The proposed 124 unit condominium project consists of 27 residential buildings (16 five-plexes and 11 four-plexes), a common pool recreation facility, fitness and turf area, and tot lots. Table 1 below shows the size and types of affordable units proposed. TABLE 1 - AFFORDABLE UNITS Number of Bedrooms Size of Unit Number of Units Two 901 SQ. FT. 10 Three 1,003 SQ. FT. 36 1 ~ 1,139 SQ. FT. TOTAL 82 The remaining 42 units will be sold at market rates. Table 2 below shows the size and type of market rate units proposed. TABLE 2 - MARKET RATE UNITS 1 I Number of Bedrooms I Size of Unit I Number of Units I Two 901 SQ. FT. 6 Three 1,034 SQ. FT. 18 Two or Three* 1,139 SQ. FT. 18 TOTAL 42 *The proposed number of 1,139 sq. ft. market rate units that will be built as two vs. three bedrooms will be determined at a later date. These units do not change in size, only in interior floor plan. 37 C CT 98-l YCP 98-08/SDP ~8-17 - RANCH0 CARRILLO VILLAGd B - PHASE II March 3,1999 3 The project is served by a thirty-two foot wide private street with parking on one side of the street. Private driveways radiate off this street to provide access to each unit’s garage. Pedestrian walkways provide cross-development circulation, access to Melrose Avenue, access to the passive and active recreation areas, and to front entries. In seven cases, a courtyard effect is created between two parallel buildings. Each courtyard area is complemented with turf area, landscaping, enhanced paving, and two benches for seating. The project’s common recreation facilities include a pool, spa, pool building with restroom and pool equipment, three separate tot lots, and a fitness area. Fifty-one guest parking spaces are provided by street side parking and guest parking bays disbursed throughout the site. Each unit in the project is provided with an enclosed two car garage with automatic door opener, ground floor patio area, second story deck, and laundry space within the unit. The architectural style is California Mediterranean, which is characterized by the barrel tile roof, recessed openings, and a sense of mass and solidity. The main roofline is accented with hips at the ends and various gables. The exterior materials consist of a light-colored, textured plaster finish with a contrasting colored wainscot and other vertical elements. Windows will be trimmed with a six-inch wide plaster projection of contrasting color. The patios and balconies will be enclosed with a low wood railing. Accent features include wood shutters, wood knee braces, plaster eve corbels, and decorative accent tiles. The project is subject to the following land use plans, policies, programs and zoning regulations: A. B. C. D. E. F. G. General Plan; Ranch0 Carrillo Master Plan (MP- 139 and its amendments); Planned Development and Residential Density-Multiple Zone Ordinance Standards; Subdivision Ordinance; Affordable Housing Requirement for Site Development Plan (Chapters 21.53 and 21.06 of the Carlsbad Municipal Code); Inclusionary Housing (Chapters 21.85 of the Carlsbad Municipal Code); Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and the Zone 18 Local Facilities Management Plan. IV. 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 these regulations/policies in tables and project specific discussions. A. General Plan The proposed project is consistent with the policies and programs of the General Plan. Table 3 below indicates how the project complies with the Elements of the General Plan which are particularly relevant to this proposal. 38 CT 98-15/CP 98-08/SDP ~8-17 - RANCH0 CAFtRILLO VILLAW B - PHASE II March 3,1999 r ELEMENT Land Use Housing Circulation Noise TABLE 3 - GENERAL PLAN COMPLIANCE USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is designated for Residential- High Density uses which allows 15-23 dwelling units per acre. Encourage the provision of low income dwelling units to meet the special housing needs identified in the Housing Element. Ensure that all hillside development is designed to preserve the visual quality of the pre-existing topography. Permit the approval of discretionary actions and the development of land only after adequate provision has been made for public facilities and services in accordance with the Growth Management public facility standards. Ensure that master planned communities and all qualified subdivisions provide a range of housing for all economic income ranges. A minimum of 15% of all units approved in master planned communities shall be affordable to lower income households. Require new development to construct all roadways necessary to development prior to or concurrent with need. 65 dEIA CNEL is the exterior noise level and 45 dRA CNEL is the interior noise level to which all residential units should be mitigated. PROPOSED USE AND IMPROVEMENTS The project consists of multi- family residential units at a density of 17 du/ac 82 of the 124 units proposed will be sold as affordable to lower income households. The remaining 42 condominium units will be sold at market rate. Grading is consistent with the approved HDP for the Ranch0 Carrillo Master Plan. The project is conditioned to construct/install all public facilities necessary to serve the development. Citywide and quadrant wide public facilities are adequate to satisfy the additional demand, therefore, the project is consistent with the Zone 18 LFMP. The project provides 82 affordable units to fulfil1 the balance of the affordable housing requirement for the Master Plan. The remaining 42 condominium units will be sold at’market rates. The project is conditioned to complete all necessary street improvement prior to occupancy of any unit. The project is conditioned to comply with the 45 dI3A CNEL interior noise standard and the 65 dHA CNEL exterior noise level standard. COMPLIANCE Yes Yes Yes Yes Yes Yes Yes 1 39 h CT 98- 15KP 98-08/SDP rd- 17 - RANCH0 CARRILLO VILLAGti B - PHASE II March 3,1999 B. Rancho Carrillo Master Plan As described below, the proposed project complies with the Ranch0 Carrillo Master Plan General Community Development Standards and applicable requirements including: 1) product type and density; 2) Approved Hillside Development Permit HDP 91-17; 3) design criteria; 4) Master Plan infrastructure requirements; and 5) affordable housing. 1. The Master Plan designates Village B for multi-family development with a density range of 15-23 dwelling units per acre. The proposed project consists of 124 multi-family units on 7.3 acres for a density of 17 dwelling units per acre. 2. The proposed development is consistent with the approved Hillside Development Permit (HDP 91-17) in that the rough-grading that has been done on the site is consistent with the approved mass grading design for the Ranch0 Carrillo Master Plan area. 3. The project is consistent with the location criteria for higher density affordable projects in that it is located at the intersection of Palomar Airport Road and Melrose Drive. This location puts it in proximity to jobs along the industrial corridor of Palomar Airport Road and bus stops on Palomar Airport Road and Melrose Drive. The project will not adversely impact the overall cohesiveness and appearance of the Master Plan area. The architectural style and materials of the project are similar to other single family and multi-family developments in the neighborhood. The project will provide onsite parking and recreational facilities to adequately serve the project and is designed with landscaped slopes and setbacks to buffer and screen the project from surrounding multi-family and duplex lots. A 50’ building setback is required, and provided, along Palomar Airport Road and Melrose Drive to screen the units from the roadway and to buffer residential units from traffic noise. The proposed landscaping within this setback area is consistent with the Master Plan landscape guidelines. Streetscape landscaping, community theme walls and fences, and villages fences, as well as village entry monuments into the project are provided in accordance with the provisions of the Master Plan. 4. The project is conditioned to require that all public facilities necessary to serve the project are provided prior to, or concurrent with, development in accordance with the Zone 18 Local Facilities Management Plan. The circulation system providing access to Village B has been laid out in accordance with the requirements of the approved Ranch0 Carrillo Master Plan. These streets have been designed to city standards and will consist of curb, gutter, and sidewalk to the right-of- way widths specified in the Master Plan. Sewer service to this project will be provided by public sewer lines that will tie into a 12” sewer main serving the entire Ranch0 Carrillo development. The sewer lines for this 40 CT 98-15KP 98-OS/SDP 98-17 - RANCH0 CARRILLO VILLAGE B - PHASE II March 3,1999 6 project will drain by gravity flow along Mehose Drive and then along Poinsettia Lane. This sewer main connects with an off-site pump station, which will pump sewage to the existing Buena/San Marcos Interceptor system located on El Camino Real. Domestic water will be provided to the project from trunk lines of the 12” water main beneath Melrose Drive. An 8” reclaimed water line along Melrose Drive and will be tapped for irrigation of the slope areas. 5. The Ranch0 Can-i110 Master Plan states that the affordable housing for Ranch0 Carrillo may be located in Village B as multi-family condominiums or apartments. The project is consistent with the Ranch0 Cart-i110 Master Plan and an amendment is proposed to the Ranch0 Carrillo Affordable Housing Agreement to include the 82 for sale inclusionary units. C. Development Standards (Master Plan, Planned Development Ordinance, and Residential Density-Multiple Zone) In the Ranch0 Can-i110 Master Plan, Village B, most of the development standards of the Residential Density-Multiple @D-M) zone are replaced by the same or more restrictive requirements of the Planned Development Ordinance. Table 4 below summarizes the project’s compliance with the development standards of the Ranch0 Carrillo Master Plan (MP), Planned Development Ordinance (PD), and Residential Density-Multiple (RD-M) zone: TABLE 4 - DEVELOPMENT STANDARDS STANDARD REQUIRED Dwelling Unit Setback from Palomar Airport Road and Melrose Drive (MP) 50 feet minimum Setback from private drive P) 5 feet minimum Building Separation (PD) 10 feet minimum Recreation space: Private PD) Common active Common Passive 10’ minimum dimension patio Active common facilities Passive common facilities 30MPLIANCE ~ PROPOSED 50 feet minimum 5 and 20 foot setbacks 10 feet minimum between porches 12 feet minimum between buildings 10’ minimum dimension patio and second story deck Swimming pool w/ pool building, fitness area Benches, walks, children’s play areas, grassy play areas CT 98-15/CP 98-OS/SDP ~8-17 - RANCH0 CARRILLO VILLAW B - PHASE II March 3,1999 Recreational vehicle storage Required to provide Provided in Village T per @‘D) Master Plan The applicant is requesting the following modification to the development standards of the Planned Development Ordinance: 1) Section 21.45.090(h)(l) - To allow some of the private driveways serving this project to be 24 feet wide rather than the required 30 foot width for multifamily projects. Pursuant to Section 21.53.120, the applicant is required to process a Site Development Plan, , because the proposal is for a multi-family residential development. In addition, the applicant is requesting that the Planning Commission recommend approval of a standard modification pursuant to Section 21.53.120(c) and 21.06 (Qualified Overlay) of the Carlsbad Municipal Code. This section allows a Site Development Plan for an affordable housing project to have less restrictive development standards than specified in the underlying zone, or elsewhere, provided the project is in conformance with the General Plan and would not have a detrimental effect on public health, safety and welfare. Staff supports the proposed standard modification for the reasons discussed below: A. This project is consistent with the General Plan and the Ranch0 Carrillo Master Plan as described in Sections A and B of this report. The project would not have a significant impact on the environment as described in Section V of this report. B. The project would provide adequate onsite parking and circulation to serve the needs of the residents and their guests, and would not impact the availability of off-site street parking. C. The existing Planned Development Ordinance requires, at a minimum, 30 foot wide private streets/driveways; however, the proposed 24 foot wide private streets would be adequate to provide safe and efficient traffic circulation, vehicle turn movements and emergency access. The 24 foot wide driveway is wide enough to accommodate emergency vehicles. The project has been reviewed and approved by the Fire Department. D. The City’s Parking Ordinance requires a minimum standard width of 24 feet for a two-way traffic aisle containing 90 degree parking on both sides. A 24-foot wide driveway aisle provides adequate separation and distance for vehicles backing out of garages and adequate separation for two way traffic. The reduced private driveway widths are proposed on cul-de-sacs (which typically do not carry large amounts of traffic), rather than on the through spine road. Based on prior residential developments, the 24-foot wide driveways have proved functional and historically have not resulted in traffic circulation or public safety problems. E. The reduced drive width allows the units of the development to be large enough to accommodate two and three bedroom dwelling units which will be a more livable 44 CT 98-15/CP 98-08/SDP ~8-17 - RANCH0 CARRILLO VILLAGti B - PHASE II March 3,1999 ge 8 unit and help to fulfil1 the inclusionary requirement of three bedroom units. D. Subdivision Ordinance The Engineering Department has reviewed the proposed tentative map and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance. As noted in Section A above, all infrastructure improvements will be installed concurrent with development. Access to the site will be provided off Paseo Acampo, a public street, via Ranch0 Bravado which is off Meh-ose Avenue. The proposed building setbacks and structure separation will allow for adequate air circulation and the opportunity for passive heating and cooling. An adjustment plat will be processed to relocate the southerly property line to the top of the slope to eliminate any cross-lot drainage. E. Inclusionary Housing (Chapters 21.85 of the Zoning Ordinance) The Ranch0 Carrillo Master Plan project is in compliance with the City’s Inclusionary Housing Ordinance, which requires that 15% of the total number of units within the Master Plan must be affordable to low income households. The required findings include consistency with General Plan goals and policies, adequacy of the site and street system, and a determination that the affordable units are compatible with surrounding uses, and will not adversely impact the site or surrounding areas including traffic circulation. Eighty-two of the 142 units proposed for Village B - Phase II will be sold as inclusionary units. These units are tentatively located in Buildings 1, 2, 3, 4, 7, 8, 9, 11, 12, 13, 17, 18, 19, 20, 22, 23, 24, and 25, for a total of 72 three bedroom and 10 two bedroom affordable units. Of these units, the applicant is requesting that up to 50 percent of the units be allowed to be moved to a different building within Phase II. Given that over half of the units are affordable, there will be affordable units spread across the project site. The units in the remaining buildings will be sold at market rates. This project will require an amendment to the Ranch0 Carrillo Affordable Housing Agreement to add the 82 affordable units. The affordable housing agreement is conditioned to be completed prior to approval of the final map. The agreement will be submitted by the applicant to the Housing office for staffs review and recommendation to the Housing Commission and then to the Community Development Director and/or City Council. This development will complete Ranch0 Carrillo Master Plan’s affordable housing requirement. The developer proposes a total of 1,658 dwelling units within the Master Plan. The requirement that 15 percent of the units be provided as affordable units would require a total of 248 affordable housing units. Planning Commission has already approved 116 affordable apartments in Village B-Phase I and 50 Second Dwelling Units. The approval of this project with 82 for sale affordable units will total 248 total affordable dwelling units provided by the Master Plan. F. Growth Management Ordinance - Zone 18 Local Facilities Management Plan The project is located within Local Facilities Management Zone 18 in the City’s southwest 43 CT 98-15/CP 98-08/SDP ~8-17 - RANCH0 CARRILLO VILLAGti B - PHASE II March 3,1999 fze 9 quadrant and is subject to the conditions of the Zone 18 LFMP. The 124 units proposed are 14 units below the Growth Management control point allowance of 138 units for the 7.3 acre site. The Ranch0 Carrillo Master Plan has mitigated all impacts created by this subdivision. V. FNVIRONM&NTAI, REVIEW The direct, indirect, and cumulative environmental impacts from the future development of the Ranch0 Carrillo Master Plan were previously analyzed by the Ranch0 Carrillo Master Plan Environmental Impact Report (EIR 91-04). The project also 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 Compliance on December 16, 1998. With regard to air quality and circulation impacts, the City’s MEIR found that the cumulative impacts of projects consistent with the General Plan are significant and adverse due to regional factors, therefore, the City Council adopted a statement of overriding considerations. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to $15 162 of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements” thereby, guaranteeing mitigation to a level of insignificance. The applicant is in agreement with the proposed condition. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Planning Commission Resolution No. 4467 (CT) Planning Commission Resolution No. 4468 (CP) Planning Commission Resolution No. 4469 (SDP) Location Map Background Data Sheet Local Facilities Impact Assessment Summary Disclosure Statement Villages Plan Reduced Exhibits Exhibits “A” - “R”, dated March, 3, 1999. 44 BACKGROUND DATtYHEET CASE NO: CT 98- 15 I CP 98-08 I SDP 98- 15 CASE NAME: RA-JLAGE B - PHASE II APPLICANT: Cow. Inc. REQUEST AND LOCATION: 124 condominium units. of which 82 are affordable for sale units. located cenerallv on the southeast comer of Palomar Airport Road and Melrose Drive. LEGAL DESCRIPTION: L ots 206 and 208 of Carlsbad Tract No 97-02. Ranch0 Carrill~ VillaE“A-D”. In the City of Carlsbad. County of San Diego. State of California. According to the map thereof No. 13582. filed in the Office of the County Recorder of San Diego County, APN: 221-830-02 & 04 Acres: 23 Proposed No. of Lots/Units: 124 units GENE-AN AND ZONING Land Use Designation: Residential Hieh Density Allowed: 19 units per acre Density Proposed: 17 units uer acre Existing Zone: Planned Communitv Proposed Zone: Planned Community Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning; General Plan Land use Site PC. Residential High Vacant North P.C. Residential High Vacant South P.C. Residential High Vacant East P.C. Residential Medium Duplex development West P.C. Open Space Vacant PUBLIC FACITJTIES . . School District: &u~ Marcos IJnified Water District: Carlsbad Mumcmal Sewer District: . . Carlsbad Mumclpd Equivalent Dwelling Units (Sewer Capacity): 124 EDU Public Facilities Fee Agreement, dated: wary 10. 1997 ENVIRONMENTAL IMPACT ASSESSMENT cl Negative Declaration, issued 0 Certified Environmental Impact Report, dated txl Other, Notice of Prior Cornp&mce A. B. C. D. E. F. G. H. I. J. K. L. . - CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Ranch0 Can-i110 Village B - Phase II - CT 98-15 / CP 98-08 /SDP 98-l 7 LOCAL FACILITY MANAGEMENT ZONE: 1_8 GENERAL PLAN: Residential High (RH) ZONING: Planned Community (PC) DEVELOPER’S NAME: Continental Ranch Inc. ADDRESS: 12230 El Camino Real. Suite 300. San Dieyo CA 92130 PHONE NO.: (760) 793-2580 ASSESSORS PARCEL NO.: 221-830-02-00 and 04-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 7.3 acres ESTIMATED COMPLETION DATE: aown City Administrative Facilities: Demand in Square Footage = 43 1 Library: Demand in Square Footage = 230 Wastewater Treatment Capacity (Calculate with J. Sewer) 124 EDU Park: Demand in Acreage = 2 Drainage: Circulation: Fire: Qpen Space: Schools: Sewer: Water: Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. = Acreage Provided = Demands in EDU Identify Sub Basin = (Sewer Watershed) Demand in GPD = N/A D 992 2.5.6 3.3. SMUSD 124 R 27.280 The project is 14 units below the Growth Management Dwelling unit allowance and 18 units below the units allowed per the Master Plan. c J DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on ail applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, fum, co-partnership, joint venture, association. social club, fraternal organisation, corporation, estate, trust, receiver, syndicate, in 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.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of && persons having a financial interest in the application. If the applicant includes a comoration or uartnershio, include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corooration. include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person carp/part Continental Ranch, Inc. Title Address Title Address 12636 High Bluff Dr., Ste.‘300 San Dlego, CA YLIJU 9 -. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e. partnership. tenants in common. non-profit. corporation. etc.). If the ownership includes a coruoration or uartnershiu, include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE @J/A) IN THE SPACE BELOW. If a publiclv- owned comoration. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carp/Part Continental Ranch, Inc. Title Address . Title Address 12636 High Bluff Dr., Ste. 300 San Dlego, CA 92130 2075 Las Palmas Dr. - Carlsbad. CA 92009-1576 - (760) 438-17610 FAX (760) 438-0894 .- 3. NON-PROFIT OT- JIZATION OR TRUST If any person identitled pursuant to (1) or (2) above is a nonnrottt oreanization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of Cit?, staff. Boards. Commissions, Committees and/or Council within the past twelve ( 12) months? cl Yes El No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. . Signature of owner/date Signature of applicant/date David A. Lother David A. Lother Print or type name of owner Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5198 Page 2 of 2 44 . I . . . CERTIFICATE OF CORPORATE RESOLUTIOW OF CONTmBNT~ RANCH, INC. _. I, Susan H. Gaupel', Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation ("Corporation"), do hereby certify that I am a duly elected, qualified and acting officer -of the Corporation and, as such;' I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurat'e copy of resolutions duly adopted by the Board of Directors of the Corporation, on October 20, 1997 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, maPPin@, development or construction associated with property owned by Continental Ranch, Inc.; including but not limited to maps, easements, agreements, peruits, dedications, etc.; and RESOLVED, the following persons are the duly elected President and Vice Presidents of the Corporation: Chris chambers President .. W. Thomas Hickcox Vice President Donald W. MacKay Vice President c David Lother Vice President Greg Hastings Vice President RESOLVED FURTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the Corporation.in furtherance of these Resolutions. WITNESS my hand on this 20th day of October, 1997. . 'CONTINENTAL RANCH,' INC., a Delaware corporation BY I Assistant Secretary ,’ > ill,!. ! 49 - Attachment 8 -%Q VILI.AGE I3 I I . . ., .-- . \ - 1 LOT 207 116 APTS. I \\ . LOT 205 I 169 UNITS / RANCH0 CARRILLO VILLAGE B PHASE II CT 98-l 5/CP 98908lSDP 98-17 2 *rii*i *i i !zzr 5 iii !i i i II! i! ‘-r I! Q) 2 E ,ir -” c I I : t B 8 s-3 I I I l I ! ! - r ‘P g! L-----i E f 1 H5? h,u v’ I I I \ /I I 5-7 7 //I 5-B %=I--: : I; g; 4L+$--, ’ * II 5 5-9 1 I II I -- +----e---- Lt 4 t ag b -- 1 _I ,[f=7& I j-----, /; 3 e-1 L-r 8 r-----l 63 DRAFT EXHIBIT 5 1. CT 98-15KP 98-08/SDP 98-17 - RANCH0 CARRILLO VILLAGE B - PHASE II - Request for approval of a Tentative Tract Map, Condominium Permit and Site Development Plan to construct 124 condominium units on property generally located within the Ranch0 Carrillo Master Plan near the southeast corner of Palomar Airport Road and Melrose Drive in Local Facilities Management Zone 18. Chairperson Heineman asked the applicant if he had any objection to having this item heard by less than a full Commission. The applicant’s representative, Mike Howes, stated that he had no objections. Assistant Planning Director, Gary Wayne introduced the item and announced that the Commission’s action on this item is not final and will be forward to the City Council for it’s consideration. Commissioner L’Heureux excused herself from hearing this item, citing a perceived conflict of interest in that her husband is the attorney for Hofman Planning Associates. Mr. Wayne introduced Assistant Planner, Van Lynch who described the project and presented the staff report as follows: This project is a 124 unit airspace condominium project, located in Village B of the Ranch0 Carrillo Master Plan. The project is near the corner of Melrose Drive and Palomar Airport Road. Village B is being developed in two phases. Phase I consists of 116 units apartment project and Phase II consists of 82 affordable units which will make up the remainder of the Carrillo Ranch Master Plan affordable housing requirement. The project, as proposed, has a density of 17 units per acre which is below the Growth Management Control point of 19 units per acre and 14 units below the Master Plan allowance for the project site. There are 27 buildings each of which are 2-story and will contain 4 or 5 units. The architecture is similar to other projects in the area with stucco walls and tile roofs. Sizes range from 901 square feet (2 bedrooms) to 1,139 square feet (2-3 bedrooms). Per the errata sheet, it can be noted that Plan No. 2 will be a 3-bedroom unit with 1,034 square feet rather than 1,003 square feet. Each unit will have a 2-car garage with an automatic garage door opener, laundry space, patio and deck areas. Between each of the units are landscaped courtyards and pathways which provide access to the front doors. The project provides various recreational amenities such as a community swimming pool and spa, a fitness area, and three tot-lots dispersed throughout the development. All of those amenities are accessed by pedestrian pathways. Guest parking is provided in bays and along the spine road which are dispersed throughout the project. The project meets or exceed the applicable development standards except for the reduction of the private street widths. The main spine road is 32 feet wide with 8 foot parking bays on each side. This spine will also serve as access to the apartments, aforementioned, from both directions through the project site. The driveways accessing the garages are 24 feet wide with the MINUTES PLANNING COMMISSION April 7, 1999 Page 4 units set back 5 feet from the driveways. Affordable housing projects may be allowed less restrictive development standards providing the project is in compliance with the General Plan and has no detrimental effects to the public health, safety, and welfare. The project is consistent with the General Plan and the Carrillo Master Plan and adequate onsite circulation is provided with the 24 foot driveways. The reduction of 24 foot drives also allows the increase in landscape areas between 2 banks of buildings which is a benefit to the project site. A memorandum has been provided and includes the Growth Management Findings and Conditions related to the Palomar Airport Road and El Camino Real intersection. Because the project must be heard by the City Council, staff recommends that the Planning Commission recommend approval of CT 98-l 5, CP 98-8, and SDP 98-l 7. Commissioner Savary, referring to Finding No. 1, Resolution No. 4469, Line No. 13, ‘I. . . 992 ADT which can be adequately handled by the new public and private streets in the project as well as the existing circulation system consisting of Palomar Airport Road and Melrose Avenue.“, asked why there is no mention of the intersection of Palomar Airport Road and El Camino Real. Mr. Lynch replied that the finding that addresses the latter intersection is in the Errata for Resolution No. 4467, and is now referred to as New Finding No. 21. Commissioner Compas asked if there are any variances that are being requested. Mr. Lynch replied that the reduction that is being asked for is not a variance (in the strict sense) but is a reduction of standards that is allowed by the Site Development Plan process. Mike Howes, Hofman Planning Associates, 5900 Pasteur Court, Suite 100, Carlsbad, concurred with staffs recommendation of approval and added the following comments. The affordable 2 and 3 bedroom ownership units in this project represent the last phase of Ranch0 Carrillo’s Affordable Housing program. Continental Homes has previously received approval for 116 affordable apartment units in Phase II of Village B. That project is currently under construction. Approval has also been received for 50 second dwelling units which are located in Villages G, H, M, Q, & R. Some of the units have already been constructed while others are under construction or will be under construction in the very near future. One of the goals of Carlsbad’s Housing Element in the Ranch0 Carrillo Master Plan is to provide a wide variety of housing types and the approvals that have so far been granted in Ranch0 Carrillo, have complied with that goal. A variety of affordable housing types is also being provided, from second dwelling units to 3 bedroom ownership units. The reduction in some driveway widths, from 30 feet to 24 feet, allows for additional landscaping between the units (rather than additional concrete) and is a much better use of the property. Other than the reduction of those width reductions, this project meets or exceeds all applicable city ordinances and policies. The errata sheets have been reviewed and the applicant conceptually concurs with the condition for the payment of the fees for the improvements to the intersection of Palomar Airport Road and El Camino Real. However, there are some concerns for what the actual costs will be and one or more representatives from Hofman Planning Associates will be present when this subject is discussed at City Council. Commissioner Segall asked how the developer will determine the proper prices for each type of housing in this project. Mr. Howes replied that the affordable units must meet the City’s requirements for affordability. However, the market-rate units will be sold for whatever the market will bear. Commissioner Segall asked how that can be effectively done if a market-rate unit has an adjacent affordable housing unit. Mr. Howes replied that market-rate units will be in buildings separate from the affordable units buildings and those buildings will be scattered throughout the project. Commissioner Segall pointed out that one of the provisions indicates that the developer will have the opportunity to relocate up to 50% of the units and asked if he is correct in the assumption that if the Commission recommends approval of this project, the ultimate location of the relocated units will not be known. MINUTES ,&- PLANNING COMMISSION April 7, 1999 Page 5 Mr. Howes replied that the Commissioner’s assumption is correct but 82 of the 114 units must be affordable and dispersed throughout the project. Commissioner Segall suggested that with the ability to relocate that many units, all of the affordable units could be placed in one area and the market-rate units in another, which is contrary to the goals of the inclusionary housing ordinance. David Lother, representing Continental Homes, 2237 Faraday Avenue, #lOO, Carlsbad, replied that they have attempted to scatter the affordable units throughout the project as best they could. He added that by having the opportunity to relocate up to 50% of those units, they will have some needed flexibility to ensure the ultimate proper placement of all units. Mr. Lother assured the Commission that it is not the intention to create pods of a single housing type, as was suggested. He indicated, on the exhibit, the preliminary scattering of the affordable units. Commissioner Segall, after seeing the exhibit, suggested that the percentage be reduced to 10% and asked if the applicant could accept that figure. Mr. Lother replied that they could accept a reduction to 10% and that their primary goal is to have some flexibility with some unit relocation. Commissioner Segall asked if the reduction of the road width from 30 feet to 24 feet will affect parking as well as ingress and egress to the housing units and what plans the developer has to prevent the problems arising from parking in the street. Mr. Howes responded by pointing out that there are several projects, throughout the City, that have a similar situation and which are governed by the Homeowners Associations. He added that that is one of the responsibilities of the associations (erect NO PARKING signs, enforcement of the regulations, etc.) to ensure the success of the project. He also stated that most people are sophisticated enough to realize that they cannot park in narrow alleys and streets, particularly if they are posted. Commissioner Segall inquired as to a provision for visitor parking. Mr. Howes replied that there are 51 visitor parking spaces (exceeds the requirement) provided in the project and are spread throughout the project. Commissioner Segall inquired as to the number of school age children that will be generated by this project and how those numbers will be mitigated with regard to the availability of schools. Mr. Howes replied that this project is in the San Marcos School District and that the elementary school in Ranch0 Carrillo will be open before occupancy of this project. However, Mr. Howes continued, he does not know the exact number of children that will come out of this project. Mr. Lynch interjected by stating that the San Marcos School District has projected that the generation rate will be a total of 57 students; 33 elementary students, 12 middle school students, and 12 high school students. Mr. Lother stated that they are in agreement with the 10% relocation of units, as suggested by Commissioner Segall. Commissioner Segall stated that if 24 foot street widths are practical, he can accept the width reductions from 30 feet to 24 feet. Commissioner Compas asked if this project will be built in phases and if they intend to build the affordable units first. Mr. Howes replied that it will be done in at least 2 phases. Regarding the affordable units, he stated that it would be extremely difficult (and not cost effective) to build them first since they will be scattered throughout the project and therefore, will be built at the same time as the market-rate units. MINUTES (ob PLANNING COMMISSION April 7, 1999 Page 6 Commissioner Compas asked Mr. Howes to explain, in concept, how the phasing will work. Mr. Lother interjected and stated that they have not gotten to the level of that detail and are unsure of exactly how the phasing will work. Chairperson Heineman asked if they might build in both areas at the same time. Mr. Lother replied that that is quite likely since there is one very small area that would not be very cost effective if it were to be built by itself. Commissioner Compas asked when they expect to begin construction on this project. Mr. Lother briefly outlined the process and stated that they expect to break ground in approximately one year. Chairperson Heineman opened Public Testimony and offered the invitation to speak. Seeing no one wishing to testify, Chairperson Heineman closed Public Testimony. ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolutions No. 4467, 4468, and 4469, recommending approval of CT 98-15, CP 98-08, and SDP 98-15, based upon the findings and subject to the conditions contained therein, including the errata dated April 7, 1999, and including the applicant’s agreement to move only 10% of the affordable housing as opposed to 50%. VOTE: AYES: NOES: ABSTAIN: 4-o Heineman, Compas, Savary, Segall None None NOTICE OF PUBLIC HEARING 4 CT 98-15/CP 98-OS/SDP 98-17 - RANCH0 CARRILLO VILLAGE B - PHASE II NOTICE IS HEREBY GIVEN 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 May 18, 1999, to consider a request for approval of a Tentative Tract Map, Condominium Permit and Site Development Plan on property generally located at the southeast comer of Palomar Airport Road and Melrose Drive in Local Facilities Management Zone 18 and more particularly described as: Lots 206 and 208 of Carlsbad Tract No. 97-02, Ranch0 Carrillo Village “A-D”, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof, No. 13582, tiled in the Office of the County Recorder of San Diego County, June 10,1998. 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 or after May 14, 1999. If you have any questions regarding this matter, please contact Van Lynch in the City of Carlsbad Planning Department at (760) 438-l 161, extension 4447. The time within which you may judicially challenge this Tentative Tract Map, if approved, is established by state law and/or city ordinance is very short. If you challenge this Tentative Tract Map, Condominium Permit and/or Site Development Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad Office of the City Clerk at, or prior to, the public hearing. APPLICANT: CONTINENTAZ, RANCH, INC. PUBLISH: MAY 7,1999 SITE @ RANCH0 CARRILLO ILLAGE B PHASE II 18-l !YCP 98908ISDP 98-17 V CT9 (F0r.n A) TO: C1T.Y CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notlde CT 98-15/CP 98-OS/SDP 98-17 - Ranch0 Carrillo Village "B" - Phase II for a public hearing before the City Council. Please notice the ftem for the council meeting of First Available Hearing . Thank you. Assistant Clty Man-- . April 20, 1999 Date 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, March 3, 1999, to consider a request for approval of a Tentative Tract Map, Condominium Permit and Site Development Plan to construct 124 condominium units on property generally located within the Ranch0 Carrillo Master Plan on property generally located at southeast corner of Palomar Airport Road and Melrose Drive in Local Facilities Management Zone 18 and more particularly described as: Lots 206 and 208 of Carlsbad Tract No. 97-02, Ranch0 Carrillo Village “A-D”, In the City of Carlsbad, County of San Diego, State of California, According to the ,map thereof No. 13582, filed in the Office of the County Recorder of San Diego County, June 10, 1998. 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 February 25, 1999. If you have any questions, please call Van Lynch in the Planning Department at (760) 438-l 161, extension 4447. The time within which you may judicially challenge this Tentative Tract Map, Condominium Permit and Site Development Plan, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map, Condominium Permit and Site Development Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 98-l 5/CP 98-08/SDP 98-l 7 CASE NAME: RANCH0 CARRILLO VILLAGE B - PHASE II PUBLISH: FEBRUARY 18,1999 CITY OF CARLSBAD PLANNING DEPARTMENT 2075 La Palmas Dr. l Carlsbad, CA 92009-1576 l (760) 436-l 161 l FAX (760) 438-0894 49 4 SAN MARCOS SCHOOL DIST lc CIVIC CENTER DR SAN MARCOS CA 92069 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME STE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH VALLECITOS WATER DIST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 ! CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 REGIONAL WATER QUALITY I STE B 1 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 U.S. FISH & WILDLIFE : 2730 LOKER AVE WEST CARLSBAD CA 92008 ^ CITY OF CARLSBAD 1 PUBLIC WORKS/ENGINEERING I DEPT CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMiN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT .Jndustrial Development Bressi Lennar Ranch Ven Carrillo Ranch0 Partner 18101 Von Karman Ave 12 23333 Avenida La Caza 591 Camino De La Reina Irvine CA 92612-1010 Coto De Caza 92679-3949 San Diego CA 92108-3108 Shea Homes Lp Shea Homes Partnership 10721 Treena St 200 10721 Treena St San Diego CA 92131-1039 San Diego CA 92131 *** 5 Printed *** -