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HomeMy WebLinkAbout2002-11-19; City Council; 16983; Calavera Hills Village K CT 01-02/PUD 01-05Y CITY OF CARLSBAD -AGENDA BILL AB# 16,983 DEPT. HD. L m: v MTG. 11-19-02 CITY ATTY. CALAVERA HILLS VILLAGE K DEPT. PLN s6y CT 01-021PUD 01-05 CITY MGR RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2002 - 340 , ADOPTING the Negative Declaration, and APPROVING the Tentative Tract Map and Planned Unit Development for the Calavera Hills Village K single-family development. ITEM EXPLANATION: On October 16, 2002, the Planning Commission conducted a public hearing and recommended adoption of the Negative Declaration and approval of the Tentative Tract Map and Planned Unit Development for the Calavera Hills Village K single-family project, with a 7-0 vote. The proposed project is for 84 single-family units on a 16.95 net acres site. The Village K site has a gross acreage of 51 acres of which approximately 34 acres will be preserved as permanent open space. This open space corridor was mandated as part of the Certified EIR for the Calavera Hills Master Plan (EIR 98- 02 and MP 150-H). The currently vacant site would be graded in accordance with the Master Tentative Map for Calavera Hills Phase II, approved by the City Council on January 15, 2002 (along with EIR 98-02 and MP 150- H). The site is located northwest of the Carlsbad Village Drive and College Boulevard intersection. The proposed units would be developed in accordance with Citywide and Master Plan architectural criteria. Required numbers of single story and reduced second story units are being provided with versions of Mission, Early California, Monterey, Craftsman and Spanish Colonial architectural styles. Access would be off of Tamarack Avenue and two recreation areas are proposed with the project, containing a swimming pool, cabana, turf areas and picnic facilities. Public comments centered on securing the open space/wildlife corridor per EIR 98-02, and the provision of sidewalks on existing Harwich and Glasgow drives (already required by the master tentative map approved in January: one side of that street system will have a sidewalk, the other side a trail segment). Planning Commission review resulted in a new condition that will provide incrementally more architectural enhancements to the rear elevations of units highly visible from adjacent public streets (Lots 16-30), The proposed development is consistent with the City’s General Plan, Calavera Hills Master Plan, Zone 7 Local Facilities Management Plan, Zoning Ordinance, Growth Management Program and California Environmental Quality Act (CEQA). Therefore, the single-family project of Village K is recommended for approval. ENVIRONMENTAL: The potential environmental impacts associated with the creation and grading of the Village K site were reviewed through the Environmental Impact Report for the Calavera Hills Phase II Master Tentative Map (EIR 98-02), certified on January 15, 2002. Therefore the project-specific environmental review dealt only with those facets of the project not included in the Phase II Master Tentative Map proposal. The proposed Calavera Hills Village K multifamily condominium project, as designed and conditioned, would not create any significant adverse environmental impacts. Therefore, the PAGE 2 OF AGENDA BILL NO. 16,983 Planning Director issued a Negative Declaration on June 24, 2002, in accordance with the requirements of the California Environmental Quality Act (CEQA) and the Environmental Protection Procedures of the City of Carlsbad. No comments were received during the 20-day public review period. FISCAL IMPACT: The fiscal impacts to the City are negligible since all development fees will be collected at the time of grading and building permit issuance. All public facilities necessary to serve the development will be in place prior to, or concurrent with, development. EXHIBITS: 1. City Council Resolution No. 2002-340 2. Location MaD 3. Planning Commission Resolutions No. 5256, 5257, and 5258 4. Planning Commission Staff Report, dated October 16, 2002 5. Draft Excerpts of Planning Commission Minutes, dated October 16, 2002. a 1 1 t 8 5 1C 11 12 12 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING A TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT FOR THE CALAVERA NORTHWEST OF THE INTERSECTION OF COLLEGE BOULEVARD AND CARLSBAD VILLAGE DRIVE, IN THE NORTHEAST QUADRANT. CASE NAME: CALAVERA HILLS VILLAGE K CASE NO.: CT 01 -0ZPUD 01 -05 HILLS VILLAGE K SINGLE-FAMILY PROJECT, LOCATED WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on October 16, 2002, hold a duly noticed public hearing as prescribed by Ian to consider a Negative Declaration, Tentative Tract Map, and Planned Unit Development; and WHEREAS, the City Council of the City of Carlsbad, on the 19th day 01 NOVEMBER , 2002, held a duly noticed public hearing to consider the Negative Declaration and Site Development Plan, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to CT Ol-OZ/PUD 01-05; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council adopts Resolution No. 2002-340 and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 5289, 5290, and 5291, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 3. That the applications for a Tentative Tract Map and Planned Unit Development for an 84 unit single-family development on property generally located northwest of the intersection of College Boulevard and south of Carlsbad Village Drive, are approved as shown in Planning Commission Resolutions No. 5289, 5290, and 5291. "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking 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 -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 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." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 19th day of NOVEMBER , 2002, by following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ATTEST: (SEAL) Resolution No. 2002-340 Page 2 of 2 -2- the 4 EXHIBIT 2 CALAVERA HILLS VILLAGE K CT 01-02/PUD 01-05 5 1 2 2 - 4 < t 5 E 5 IC 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5289 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION TO ALLOW THE SUBDIVISION AND CONSTRUCTION OF AN 84 UNIT VILLAGE K OF THE CALAVERA HILLS MASTER PLAN LOCATED AT THE NORTHWEST CORNER OF CARLSBAD VILLAGE DRIVE AND COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVERA HILLS VILLAGE K CASE NO.: CT 01-02PUD 01-05 WHEREAS, Calavera Hills 11, LLC, “Developer”/“Owner,” has filed a verified SINGLE-FAMILY PLANNED UNIT DEVELOPMENT WITHIN application with the City of Carlsbad regarding property described as Portion of Lots “D” and “J” of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map 823, filed in the Office of the San Diego County Recorder on November 16, 1896, also being Lot 5 of Carlsbad Tract No. 00-02 (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 16th day of October, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration according to Exhibit “ND” dated June 24, 2002, and “PII” dated June 18,2002, attached hereto and made a part hereof, based on the following findings: Findinps: 1. The Planning Commission of the City of Carlsbad does hereby find: A. B. C. D. It has reviewed, analyzed and considered Negative Declaration and the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL. of the project; and The Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and Based on the EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of October, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: ABSENT: SEENA TRIGAS, Chairperson - CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOYZMIUER Planning Director PC RES0 NO. 5289 -2- 7 0 0 City of Carlsbad NEGATIVE DECLARATION Project AddressLocation: Project Description: Village K within the Calavera Hills Master Plan, generally located northwest of the College BoulevardCarIsbad Village Drive intersection 84 single-family detached homes consistent with the Calavera Hills Master Plan. The City of Carlsbad has conducted an environmental review of the above-described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments fiom the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Eric Munoz in the Planning Department at (760) 602-4608. DATED: JUNE 24,2002 CASE NO: CT 01-02PUD 01-05 CASE NAME: VILLAGE WCALAVERA HILLS MASTER PLAN PUBLISH DATE: JUNE 24,2002 Planning Director 1635 Faraday Avenue Carlsbad, CA 92008-7314 - (760) 6024600 FAX (760) 602-8559 www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CT 01-02PUD 01-05 DATE: June 18.2002 BACKGROUND 1. CASE NAME: Calavera Hills Village K 2. APPLICANT: McMillin Homes 3. ADDRESS AND PHONE NUMBER OF APPLICANT’: 2727 Hoover Ave. National Citv, CA 92950 (619) 336-3138 4. DATE EL4 FORM PART I SUBMITTED: May 17.2001 5. PROJECT DESCRIPTION Tentative Mau and Planned Unit Develoument for the construction of 84 single family dwelling units, on a 51.5 acre site (with 17 acres of net area) within Village K of the Calavera Hills Master Plan. located northwest of the intersection of College Boulevard and Carlsbad Village Drive, in Local Facilities Management Zone 7. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Land Use and Planning (x] TransportatiodCiation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems 0 Geological Problems 0 Energy & Mineral 0 Aesthetics 0 Water 0 Cultural Resources Resources 0 Hazards Noise 0 Mandatory Findings of Significance Air Quality 0 Recreation 1 Rev. 03/28/96 7 DETERMINATION. (To be completed by the Lead Agency) 0 0 ISI 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect@ on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature Date 2 Rev. 03/28/96 /o ENVIRONMENTAL. IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A ‘Yo Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A ‘To Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect fiom “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EM-Part II”, if a proposed project could have a potentially significant effect on the environment, but 4 potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and @) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 /f e If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. e An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact impact Unless Impact Incorporated Mitigation I. LAND USE AND PLANNING. Would the proposal:. Conflict with general plan designation or zoning? 0 0 0 IXI (Source kys): (#l:Pgs 5.6-1 - 5.6-18) Conflict with applicable environmental plans or 0 0 [XI policies adoptedby agencies with jurisdiction over - the project? (#l:Pgs 5.6-1 - 5.6-18) Be incompatible with existing land use in the 0 0 OIXI vicinity? (#l:Pgs 5.6-1 - 5.6-18) Affect agricultural resources or operations (e.g. 0 0 IXI impacts to soils or farmlands, or impacts from incompatible landuses? (#l:Pgs 5.6-1 - 5.6-18) Disrupt or divide the physical arrangement of an 0 0 0 [XI established community (including a low-income or minority community)? (#l:Pgs 5.6-1 - 5.6-18) II. POPULATION AND HOUSING. Would the a) Cumulatively exceed official regional or local b) Induce substantial growth in an area either directly 0 0 0 IXI proposal: population projections? (#l:Pgs 5.5-1 - 5.5-6) 0 [XI or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable 0 0 0 IXI housing? (#l:PgS 5.5-1 - 5.5-6) 4 Rev. 03/28/96 /a Issues (and Supporting Information Sources). Potentially Potentially Significant Significant Mitigation Unless Incorporated Significant Impact LessThan No Impact III. GEOLOGIC PROBLEMS. Would the proposal result in or expoie people to potential impacts involving: a) Faultrupture? (#l:Pgs 5.1-1 - 5.1-15) b) Seismic groundshaking? (#l:Pgs 5.1-1 - 5.1-15) c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 e) Landslides ormudflows? (#l:Pgs 5.1-1 - 5.1-15) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1.15) - 5.1-15) g) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15) h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15) i) Unique geologic or physical features? (#l:Pgs 5.1- (#l:PgS 5.1-1 - 5.1-15) 1 - 5.1-15) W. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-1 - 5..2-11) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved d) Changes in the amount of surface water in any oxygen or turbidity)? (#l:Pgs 5.2-1 - 5..2-11) water body? (#l:Pgs 5.2-1 - 5..2-11) e) Changes in cw&ts, or the course or direction of watermovements? (#l:Pgs 5.2-1 - 5..2-11) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-1 - g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? (#l:Pgs 5.2-1 - i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-1 - 5..2-11) V. AIR QUALITY. Would the proposal: 5.2-1 - 5..2-11) 5..2-11) (#l:PgS 5.2-1 - 5..2-11) 5..2-11) a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 - 5.3-12) 5.3-1 - 5.3-12) 0 0 0 0 0 0 0 0 0 0 0 0 .o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 El 0 0 0 0 [XI 0 [XI 0 om 0 El 0 om 0 0 om om om 0 IXI om OEl 0 [XI om o[XI on om 5 Rev. 03/28/96 /3 Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation c) ~~ter air movement, moisture, or temperature, or 0 cause any change in climate? (#l:Pgs 5.3-1 - 5.3- 12) 12) d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3- 0 0 0 [XI VI. TRANSPORTATION/CION. Would the proposal result in: Increased vehicle trips or traffic congestion? Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1 - 5.7.22) Insufficient parking capacity on-site or off-site? Hazards or barriers for pedestrians or bicyclists? Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycleracks)? (#l:Pgs 5.7-1 - 5.7.22) Rail, waterborne or air traffic impacts? (#l:Pgs (#l:PgS 5.7-1 - 5.7.22) (#l:PgS 5.7-1 - 5.7.22) (#l:PgS 5.7-1 - 5.7.22) 5.7-1 - 5.7.22) BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-1 - 5.4-24) Locally designated species (e.g. heritage trees)? Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4- Wetland habitat (e.g. marsh, riparian and vernal Wildlife dispersal or migration corridors? (#l:Pgs (#l:PgS 5.4-1 - 5.4-24) 24) pool)? (#l:Pgs 5.4-1 - 5.4-24) 5.4-1 - 5.4-24) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & (#l:PgS 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) 5.13-1 - 5.13-9) [XI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 Rev. 03/28/96 /f Issues (and Supporting Information Sources). Potentially Potentially LessThan No Significant Significant Si&kant Impact lmpact Unless Impact Mitigation c) Result in the loss of availability of a known Incop 0 [XI mineral resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) E. HAZARDS. Would the proposal involve: A risk of accidental explosion or release of 0 0 UIXI hazardous substances (including, but not limited to: oil. uesticides, chemicals or radiation)? (#l:Pgs ~~ 5.1o.i-i - 5.10.1-5) Possible interference with an emergency response 0 0 IXI ulan or emereencv evacuation ulan? (#l:Pgs i.10.1-1- 5.1o.i-5)- - The creation of any health hazard or potential 17 0 IXI healthhazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) E~~OSUR ofpeople to existing sources ofpotential a 0 IXI healthhazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) Increase fm hazard in areas with flammable 0 0 IXI brush, grass, ortrees? (#l:Pgs 5.10.1-1 - 5.10.1-5) - - X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 0 0' IXI b) Exposure of people to severe noise levels? (#l:Pgs 5.9-15) 0 0 IXI 5.9-1 - 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) d) Maintenance of public facilities, including roads? e) Other governmental services? (#l:Pgs 5.12.1-1 - C) Schools? (#l:PgS 5.12.7.1 - 5.12.7-5) 5.12.8-7) Xn. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following 0.0 0 0 0 0 0 0 0 a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 utilities: 0 ' & 5.13-1 - 5.13-9) b) Communications systems? 0 0 c) Local or regional water treatment or distribution d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) 0 0 e) Storm water drainage? (#l:Pg 5.2-8) 0 o r> Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) ' g) Local or regional water supplies? (#l:Pgs 5.12.2-1 0 facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) - 5.12.3-7) ,I 0 [XI OB 0 [XI ow Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Potentially LessThan No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XIII. AESTHETICS. Would the urouosal: a) Affect a scenic or vista or scenic highway? 0 b) Have a demonsbted negative aesthetic effect? 0 0 0 [XI c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) 0 0 0 [XI ~~ 0 0 [XI (#l:Pgs 5.11-1 - 5.11-5) (#l:Pgs 5.11-1 - 5.11-5) XIV. CIJL.TURAL RESOURCES. Would the proposal: a) Dishub paleontological resources? (#l:Pgs 5.8-1 - b) Disturb archaeological resources? (#l:Pgs 5.8-1 - c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8- d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within 5.8-10) 5.8-10) 10) (#l:PgS 5.8-1 - 5.8-10) the potential impact area? (#l:Pgs 5.8-1 - 5.8-10) XV. RECREATIONAL.. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1 - 5.12.8-7) 5.12.8-1 - 5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal periods of California history or prehistory? or eliminate important examples of the major b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 0 0 a 0 0 0 IXI 0 0 0 [XI 0 0 0 [XI 0 0 0 [XI 0 0 0 [XI 0 0 0 [XI 0 0 0 IXI 0 0 0 [XI 0 0 o[XI 8 Rev. 03/28/96 /6 0 XVII. EARLIER ANALYSES. The following site-specific technical studies were used in the analysis and design of this project and are on file in the City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, California, 92008. (760) 602-4600. 1. Update of Geotechnical Re~ort. Calavera Hills Village K. Citv of Carlsbad. California dated October 20, 1999, Geosoils, Inc. 2. Interim Reuort of Geotechnical Investigation, Calavera Heirrhts Village K. Carlsbad. California, dated March 20, 1990, Southern California Soil and Testing, Inc. 3. Noise Technical Reuort for Calavera Hills Master Plan Phase 11 Village K, Citv of Carlsbad, California, dated February 18,2002. 9 Rev. 03/28/96 17 DISCUSSION OF ENVIRONMENTAL EVALUATION The project involves the construction and occupation of 84 detached single-family units, within Village K of the Calavera Hills Master Plan. The 51.5-acre site will be created through the recordation of the Master Tentative Map for Calavera Hills Phase 11 (CT 00-02) and will be graded in accordance with that map. As part of the master plan approval and EIR process, Village K is primarily being set aside as a wildlife comdor leaving a net acreage of 17 acres to be developed with the single-family units. The potential environmental impacts associated with the grading of the Village K site were reviewed through the Environmental Impact Report for the Calavera Hills Phase II Master Tentative Map (EIR 98-02, SCH No. 99111082), certified January 15,2002. The Environmental Impact Report also reviewed the impacts associated with the development of Village K with up to 88 single-family units, 4 units more than is proposed. EIR 98-02, as certified, also reviewed the potential environmental impacts associated with the major public improvements required for the buildout of the master plan including Village K. Since the development of Village K cannot proceed until the Master Tentative Map has been recorded, and the site has been graded in accordance with that map, the following environmental analysis deals only with the development of Village K and the project differences compared to the EIR. The differences center on a revised noise study (which does not result in more or higher walls than those analyzed in the Em) and a reduced unit amount (84 instead of 88 units). The Village K site is bound by College Boulevard to the east, Carlsbad Village Drive to the south, Harwich Drive to the west and existing single-family residential development (Village Q), and future single-family units in Village L-2, to the north. The proposed single-family residential use is compatible with all of the existing and future uses in the area. The residential designation of the Village K site is designated Residential Medium (RM) in the City’s General Plan, allowing up to 6 dwelling units per developable acre. The proposed density is 5.2 dwelling units per acre. The project site is zoned P-C (Planned Community) and, according to the Calavera Hills Master Plan (MP 150(H)), the site is to be developed in accordance with the R-1 - Single Family Residential Zone, except as modified in the Master Plan. The proposed development would consist of 84 single-family residential units and two common, active recreation areas. The project is consistent with the City’s General Plan and meets all development standards and design criteria of the Master Plan and the R-1 zoning district. The proposed development would necessitate approximately 31,000 cubic yards of balanced grading subsequent to the mass grading that creates Village K associated the above referenced master tentative map (CT 00-02). All grading operations would be required to conform to the recommendations of the site-specific geotechnical report, as well as the City of Carlsbad Grading Ordinance. In addition, an all-weather access road would be provided throughout construction and Fire Marshal approval would be required prior to the storage of any hazardous materials on site. The residential project would take access off of existing Tamarack Drive and would generate 840 average daily traffic trips, which can be accommodated by existing and required road segments in the area. 10 Rev. 03/28/96 I8 The project will be required to comply with the City’s National Pollutant Discharge Elimination System (NPDES) Permit through the implementation of Best Management Practices, thus reducing the amount of pollutants entering the public storm drain system. All facilities needed to serve the 84 single family units would be provided prior to occupancy, in association with the Phase II Master Tentative Map grading and improvement plans. In addition, the Carlsbad Unified School District has stated that there are adequate school facilities to serve the proposed apartment project. Noise wall locations and heights are not greater than those covered in the earlier analysis (EIR 98-02) and the proposed unit yield of 84 units is less than the 88 allowed by the master plan. These two elements represent the variation in the project as reviewed by the master plan’s certified environmental review (EIR 98-02) and now proposed. Given the above analysis, the previous environmental documentation and the site-specific technical reports, the proposed Calavera Hills Village K project would not create any significant adverse environmental impacts as designed and conditioned. AIR OUALITY In 1994 the City prepared and certified an EIR which analyzed the impacts which will result from the build-out of the City under an updated General Plan. That document concludes that continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts in the form of increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a %on-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Ovemdmg Considerations” for air quality impacts. This “Statement Of Ovemdmg Considerations” applies to all projects covered by the General Plan’s Final Master ER. This project is within the scope of that MER 11 Rev. 03/28/96 l9 CIRCULATION In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would result fiom the build-out of the City under an updated General Plan. That document concluded that continued development to build-out as proposed in the updated General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all fieeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at build-out. To lessen or minimize the impact on circulation associated with General Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic fiom a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out of the General Plan due to regional through-mc, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all projects covered by the General Plan’s Master EIR. This project is within the scope of that MER This document is available at the Planning Department. A MER may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MER was certified. Therefore, the MER remains adequate to review later projects. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Imuact Re~ort for the City of Carlsbad General Plan Update (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 12 Rev. 03/28/96 a0 e e 2. Calavera Hills Master Plan Phase II. Bridge and Thoroughfare District No. 4 & Detention Basins Final Environmental Imuact Re~ort EIR 98-02), dated November 2001, RECON. 3. Noise Technical Re~ort for Calavera Hills Master Plan Phase II. Village K, dated February 18,2002, RECON. 13 Rev. 03/28/94 511 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2c 21 22 23 24 25 26 27 2$ PLANNING COMMISSION RESOLUTION NO. 5290 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 01-02 TO SUBDIVIDE 16.95 ACRES INTO 84 SINGLE-FAMILY UNITS WITHIN CALAVERA HILLS VILLAGE K ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CARSLBAD VILLAGE DRIVE AND COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVERA HILLS VILLAGE K CASE NO.: CT 01-02 WHEREAS, Calavera Hills 11, LLC, “Developer”/“Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Portion of Lots “D” and “J” of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map 823, filed in the Oflice of the San Diego County Recorder on November 16, 1896, also being Lot 5 of Carlsbad Tract No. 00-02 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown’on Exhibits “A“ - “UU” dated October 16, 2002, on file in the Planning Department CALAVERA HILLS VILLAGE K - CT 01-02 provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of October, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 614 1 2 3 4 5 6 7 a 9 1c 11 12 I? 14 15 16 1; 18 IS 2c 21 22 22 2L 2: 2t 2; 2t A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CALAVERA HILLS VILLAGE K - CT 01-02 based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed single family development conforms to the City’s Subdivision Ordinance and has been designed to comply with other applicable regulations including the Planned Development Ordinance and the Calavera Hills Master Plan. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential, multi-family residential, and park development on the General Plan, in that the project is an in-fill development and already bounded by earlier phases of master plan development and/or major arterial roadways (Carlsbad Village Drive and College Boulevard). 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 site can accommodate the proposed residential development while complying with all development standards and public facilities requirements. 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 concurrent with the recordation of the final map the developer shall vacate and adjust any easements that conflict with the proposed development. 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 structures are oriented in various directions, adequate separations will be provided to allow for breezes to cool the areas, and landscaping will be installed to provide shade and reduce the temperature of developed areas. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their PC RES0 NO. 5290 -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 9. 10. 11. 12. habitat, in that the proposed residential density is within the limits analyzed by the Environmental Impact Report for the Calavera Hills Phase I1 Master Plan Amendment (EIR 98-02/MP 150(H)), and noise attenuation walls are being provided along the project frontages with Carlsbad Village Drive and College Boulevard. In addition, the development of this site implements a 35-acre wildlife corridor required by the resource agencies and outlined in EIR 98-02. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project bas been designed in accordance with Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards, and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. The planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated October 16,2002 including, but not limited to the following: The proposed density of 5.0 dwelling units per acre is consistent with the existing RM General Plan designation; The project minimizes the number of access points to major and prime arterials by using Tamarack Avenue frontage for access, rather than taking access off of Carlsbad Village Drive or College Boulevard; The project includes a noise study with recommendations to reduce the traffic noise impacts from Carlsbad Village Drive and College Boulevard to 60 dBA CNEL; The project provides a mixture of architectural styles, contributing to the diversity of housing within the master plan and City; and The project will provide emergency water systems and all-weather access roads throughout construction. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that the Local Facilities Management Plan for Zone 7 identifies the maximum residential yield on the Village K site as 88 units (84 proposed) and all facilities within the zone are planned to accommodate this maximum amount of dwelling units. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 7 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, PC RES0 NO. 5290 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 2E 13. 14. 15. 16. A. B. C. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit unless already credited by park dedication. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map for this projecthap, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and PC RES0 NO. 5290 -4- 275 regulations in effect at the time of building permit issuance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. 12. 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 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. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. Developer shall submit to Planning Department a reproducible 24” x 36,” mylar copy of the Tentative Map and Site Plan reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 7 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. This approval is granted subject to the approval of PUD 01-05 and is subject to all conditions contained in Planning Commission Resolution No. 5291 for that other approval. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. PC RES0 NO. 5290 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. The Developer shall establish a homeowner’s association and corresponding covenants; conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. B. C. D. General Enforcement bv 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. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessments Levied bv the Citv. 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 PC RES0 NO. 5290 -6- 27 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 la 19 2c 21 22 22 24 25 26 27 28 14. 1s. 16. 17. 18. 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 hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. E. Landscaoe Maintenance ResDonsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibits “N” - “S”, dated October 16,2002. F. Balconies. trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit “K” -“M”, dated October 16,2002. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 7, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities, unless a construction phasing plan is submitted to and approved by the Planning Director prior to final map or grading permit, whichever occurs first. The Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Prior to the issuance of the grading permit or final map, whichever occurs first, 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, notifymg all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map and PUD Permit by Resolutions No. 5290 and 5291 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; PC RES0 NO. 5290 -7- 1 2 3 4 5 6 7 a 9 IC 11 12 13 14 15 16 li 18 15 2c 21 22 23 24 25 2f 2; 2E 19. 20. 21. 22. 23. 24. 25. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. 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. 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 recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #I 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). Open Space Lots 91 and 92, which constitute the 34-acre wildlife corridor through Village K in compliance with the Calavera Hills Master Plan and Certified EIR 98- 02, shall be dedicated to a third party environmental manager with a conservation easement dedicated to the City of Carlsbad concurrent with final map approval, to the satisfaction of the Planning Director. The rear elevations for the units on Lots 16-30, shall receive additional architectural enhancements as part of building permit issuance, to the satisfaction of the Planning Director. Engineering: General 26. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. PC RES0 NO. 5290 -8- 619 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 27. 28. 29. 30. 31. 32. 33. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&h and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: 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. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. The final map for the Master Tentative Map CT 00-02 shall be recorded prior to the recordation of the Final Map for this Tentative Map. There shall be one Final Map recorded for this project. Developer shall install sight distance comdors at all street intersections in accordance with Engineering Standards. A statement shall be included in the Final Map (see Final Map Notes) and in the CC&Rs. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Building permits for this project will not be issued beyond the cumulative trafic generation of 2500 ADT by building permits issued for all Calavera Hills Phase I1 projects if the roadway improvements connecting College Boulevard from Carlsbad Village Drive southerly to El Camino Real have not been completed. Additional permits may be allowed subject to approval of the City Engineer based on substantial completion of the required roadway improvements. A note to this effect shall be included in the Final Map. FeedAereements 34. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 35. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 36. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer aid shall: A. Clearly delineate the limits of the drainage course; PC RES0 NO. 5290 -9- 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 37. B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 38. 39. 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. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 38. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occw outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Dedications/Imurovements 40. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 41. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 42. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, PC RES0 NO. 5290 -10- 31 43. 44. 45. 46. 47. water, fire hydrants, street lights, retaining walls and reclaimed water), to City Standards to the satisfaction of the City Engineer. Streets ‘LA99 6bBW UCV 9 9 , and “D”. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Tamarack Avenue. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall be in compliance with the NPDES permit requirements and provisions as established by the San Diego Region of the California Regional Water Quality Control Board and the City of Carlsbad. The SWMP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction stages of the project. The SWMP shall: 1. Identify construction activity and post-development on-site pollutants of concern. 2. Recommend structural and non-structural Best Management Practices (BMPs) to remove said pollutants. 3. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee and resident education on the proper procedures for handling clean up and disposal of pollutants. 4. Ensure long-term maintenance of all post construction BMPs in perpetuity. 5. Incorporate measures to ensure-development runoff rates and velocities from the site are not increased as a result of the project. Additionally, concurrent with the SWMP, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the California Water Resources Control Board. Prior to occupancy, Developer shall install street lights along all public and private street frontages abutting andor within the subdivision boundary in conformance with City of Carlsbad Standards. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers abutting the subdivision in conformance with City of Carlsbad Standards. PC RES0 NO. 5290 -11- 32 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 25 28 Utilitv Conditions 48. 49. 50. 51. 52. 53. 54. 55. 56. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access andor joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieao Countv Water Authoritv cauacitv charae(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the Deputy City Engineer - Utilities. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. Prior to issuance of building permits the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. Final Map Notes 57. Developer shall show on Final Map the net developable acres for each parcel. 58. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. All improvements are privately owned and are to be privately maintained with the exception of Streets “A”, “B’’, “C”, and “D”. PC RES0 NO. 5290 -12- 33 1 2 3 4 5 c 7 E 5 1c 11 12 13 14 15 It 1; 1E 1s 2( 21 22 22 2f 25 2f 2; 21 B. C. D. E. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the-area identified as sight distance conidor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as the Caltrans intersection sight distance corridor in accordance with City Standard Public Street- Design Criteria, Section 8.B.3. The underlying property owuer shall maintain this condition. Fire Department: 59. All building permit applications for units adjacent to native open space/preserve areas shall be reviewed and approved to the satisfaction of the Fire Marshal. 60. The Developer shall submit for Fire Marshal review and approval a 400 scale mylar showing the location of all proposed fire hydrants. Code Reminders: 61. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 62. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 63. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 64. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 65. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. PC RES0 NO. 5290 -13- 3LJ 1 2 3 4 5 6 7 8 9 la 11 12 13 14 1s 16 15 18 1s 2c 21 22 22 24 25 2f 27 28 66. 67. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 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 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 feeskxactions 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 RES0 NO. 5290 -14- 35 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 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of October, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: None ABSENT: None ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5290 -15- 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5291 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 05, TO ALLOW THE SUBDIVISION AND CONSTRUCTION OF A 84 UNIT SINGLE FAMILY PLANNED UNIT DEVELOPMENT WITHIN VILLAGE K OF THE CALAVERA HILLS MASTER PLAN LOCATED AT THE NORTHWEST CORNER OF CARLSBAD VILLAGE DRIVE AND COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVERA HILLS VILLAGE K CASE NO.: PUD 0 1-05 WHEREAS, Calavera Hills 11, LLC, “Developer”/”Owner,” has filed a verified APPROVAL OF PLANNED UNIT DEVELOPMENT, PUD 01- application with the City of Carlsbad regarding property described as: Portion of Lots “D” and “J” of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map 823, filed in the Office of the San Diego County Recorder on November 16, 1896, also being Lot 5 of Carlsbad Tract No. 00-02 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planning Unit Development Permit as shown on Exhibits “A“ - “UU” dated October 16,2002, on file in the Planning Department, CALAVERA HILLS VILLAGE K - PUD 01-05 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of October, 2002, 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 PUD Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 37 1 2 3 4 5 6 l a 5 la 11 12 13 14 15 16 15 18 1s 2c 21 22 22 24 25 2t 2; 2E A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CALAVERA HILLS VILLAGE K - PUD 01-05, based on the following findings and subject to the following conditions: -: 1. 2. 3. 4. 5. 6. 7, That the granting of this permit will not adversely affect and will be consistent with the Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the project is consistent with the Residential Medium density (RM) General Plan designation as it has a density of 5.0 dwelling per acre; the project complies with the development standards and design criteria of the Calavera Hills Master Plan for detached single family homes. 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 project site is designated for single- family units in the Calavera Hills Master Plan and provides for the diversity of housing types within the City. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project design conforms to all design and development standards applicable to the property and public improvements will be provided prior to, or concurrent with, the development of the project to meet all City standards. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that the project provides private and common recreation areas; guest parking is adequately distributed throughout the project, traffic calming and livable street features are proposed, and the internal street system has a minimum width of 34 feet. That the proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site, in that the proposed development in Village K establishes an approximately 35- acre significant wildlife corridor consistent with the Calavera Hills Master Plan and certified environmental impact report (EIR 98-02). 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 proposed single family residential product type and density are consistent with the master plan’s single family residential, multifamily residential, and community park land uses that surround it. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project. PC RES0 NO. 5291 -2- 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 1s 1s 2c 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to gradin permit or final map, whichever occurs first. 1. 2. 3. 4. 5. 6. If any of the following 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 Planned Unit Development. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the PUD documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 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. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this PUD, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. This approval is granted subject to the approval of CT 01-02 and is subject to all conditions contained in Planning Commission Resolution No. 5290 for that other approval, incorporated herein by reference. 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.” PC RES0 NO. 5291 -3- 39 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 15 18 15 2c 21 22 22 24 25 2t 2; 21 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 fedexactions 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 16th day of October, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: None ABSENT: None ABSTAIN: None See, %& SEENA TFUGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOBMIIYER Planning Director PC RES0 NO. 5291 -4- EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. @ Application complete date: August 26, 2002 P.C. AGENDA OF: October 16,2002 Project Planner: Eric Munoz Project Engineer: Frank Jimeno SUBJECT: CT 01-02/PUD 01-05 - CALAVERA HILLS VILLAGE K - Request for a Negative Declaration, Tentative Tract Map, and Planned Unit Development Permit to allow the subdivision and construction of an 84 unit single family development within Village K of the Calavera Hills Master Plan, on property generally located at the northwest comer of Carlsbad Village Drive and College Boulevard, in Local Facilities Management Zone 7. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5289, RECOMMENDING ADOPTION of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolutions No. 5290 and 5291 RECOMMENDING APPROVAL of Tentative Tract Map CT 01-02 and Planned Unit Development Permit PUD 01- 05, based upon the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposal involves the subdivision and construction of an 84-unit single-family project within Village K of the Calavera Hills Master Plan. Village K will be mass graded in accordance with the Calavera Hills Phase I1 Master Tentative Map (CT 00-02). A Tentative Tract Map is required for the subdivision of property and final grading. A PUD Permit is also being requested. The project meets all applicable regulations and staff recommends approval. 111. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a Tentative Tract Map and Planned Unit Development Permit to allow the subdivision and construction of an 84-unit single-family project within Village K of the Calavera Hills Master Plan. The 5 I-acre site of Village K was previously the master plan’s affordable housing site with a maximum of 420 multifamily units allowed. As part of the recently approved master plan amendment (MP 150(H) approved by City Council in January 2002), Village K was modified to accommodate a regionally significant wildlife corridor as part of the EIR process that accompanied the master plan amendment (EIR 98-02). MP 150(H) now allows up to 88 detached single-family homes on 16.95 net acres. This project proposes 84 units and complies with all necessary city policies, standards, and master plan criteria. Village K is bounded by College Boulevard to the east, Carlsbad Village Drive to the south, Village L-l and Glasgow Drive to the west, and Tamarack Avenue to the north. Village K is designated Residential Medium (RM) in the City’s General Plan, allowing up to 8 dwelling units CT 01-02/PUD 01-05 - CALAVERA HILLS VILLAGE K October 16,2002 Page 2 per developable acre with a Growth Management Control Point of 6 dwelling units per acre. The proposed density is 5.0 dwelling units per acre and is within the allowable General Plan range. The project site is zoned Planned Community (P-C) and, according to the Calavera Hills Master Plan (MP 150(H)), the site is to be developed in accordance with the Planned Development Ordinance, the Village K standards, and provisions of the Master Plan. The proposed development would consist of 84 single-family homes that comply with the master plan’s single-family development criteria for architectural variety and articulation. These criteria include: minimum lot size, a mix of single-storyhduced second story homes and two story homes, architectural variety, plan variety, setbacks, garage placement, front porches, front entry features and recreation areas. The Village K proposal complies with or exceeds all of above noted master plan criteria for single-family development within Calavera Hills. Four versions of the following architectural styles will be represented in Village K Mission, Monterey, Craftsman and Early California. The single-story units will be under 17 feet in height with approximately 2,050 square feet (includes garage). The reduced second story units will be approximately 21 feet in height with the second story being no more than 25% of the first floor area. Total square footage of the reduced second story units (including garage area) is approximately 2,575 sq. ft. The proposed two-story units area will be under 25 feet in height with total square footage range of approximately 3,090 to 3,300. A 34-foot internal street system will serve the project and sewer and water services will be available. Recreational amenities include active and passive areas. A swimming pool with a pool house and a tot lot with picnic facilities are proposed as common recreation areas. Every unit will also have the required amount of private rear yard recreation space. The project’s fair share of affordable housing is being provided at the Master Plan level in Village Y (SDP 01-05), therefore none is included in this project. The proposed development would necessitate approximately 31,000 cubic yards of cut and fill, after the mass grading of CT 00-02. The development would also include retaining walls, with a maximum height of six feet. The project site would take access off of existing Tamarack Avenue to the north and would generate 840 average daily traffic trips, which can be accommodated by the collector street and the adjoining major arterial roadways of Carlsbad Village Drive and College Boulevard. The project is required to comply with the City’s National Pollutant Discharge Elimination System (NPDES) Permit through the implementation of Best Management Practices, thus reducing the amount of pollutants entering the public storm drain system. Due to the project’s proximity to College Boulevard, the master plan required that a site-specific noise study be conducted. That noise study indicates that noise attenuation walls are needed along some of the project’s perimeter units facing southeast towards College Boulevard. These walls would range in height from 3 to 6 feet and are incorporated into the project design. The project is depicted on Exhibits “A”-“UU” dated October 16, 2002. The Calavera Hills Village K project is subject to the following regulations: A. General Plan; B. Calavera Hills Master Plan (MP 150(H)); CT 01-021TUD 01-05 - CALAVERA HILLS VILLAGE K October 16,2002 Page 3 C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); D. Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance); E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance); and F. Local Facilities Management Plan (LFMP) Zone 7. IV. ANALYSIS The recommendation for approval of 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 utilizing both text and tables. A. General Plan The Calavera Hills Village K project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the residential development are the Land Use, Circulation, Noise, Housing, and Public Safety elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. Land Use Circulation Noise Housing TABLE 1 - GENERAL PLAN COMPLIANCE Use Classification, Goal, Objective or Program Site is designated for medium density (RM) residential development. Minimize the number of access points to major and prime arterials to enhance the functioning of these streets and thoroughfares. Require that a noise study be submitted with all residential projects over five units. Enforce the City policy that 60 dBA CNEL is the maximum exterior noise level for residential units. New housing developed with a diversity of types, prices, tenures, densities, and locations to meet the demand of anticipated City growth. Proposed Use and Improvements Proposed residential density of 5.0 dwelling units per acre is below the 6.0 dwellings per acre maximum allowed in the RM designation. The project design takes access off of Tamarack Avenue, in accordance with Engineering standards and traffic calming measures designed internal to the site. The project includes a noise study with recommendations to reduce traffic noise from College Boulevard to 60 dBA CNEL. The project provides a mixture of architectural styles; and the single-family product type in this master plan contributes to the diversity of housing within the City. Compliance Yes Yes Yes Yes CT 01-02PUD 01-05 - CALAVERA HILLS VILLAGE K October 16,2002 Page 4 TABLE 1 - GENERAL PLAN COMPLIANCE Compliance Proposed Use and Improvements All necessary water mains, fire hydrants, and appurtenances must be installed prior to occupancy of any unit and all- weather access roads will be maintained throughout construction. Use Classification, Goal, Objective or Program Provision of emergency water systems and all-weather access roads. Element Public Safety Yes I single-family project is consistent with the City's 1 Given the above, the Calavera Hills Village E General Plan. B. Calavera Hills Master Plan The proposed 84-unit project is within Village K of the Calavera Hills Master Plan area and, therefore, subject to the provisions of that master plan (MP 150(H)). Table 2 below summarizes the project's conformance with the requirements of the Master Plan. r IERA HILLS MASTER PLAN CONFORMANCE v TABLE 2 - CALAF Standard Proposed Conformance Allowed Uses: Maximum of 88 detached single-family residential units. Proposed project is 84 detached single-family residential units Yes Setbacks: Per PD Ordinance (no arterial setbacks involved) Compliance Yes Yes Architectural Criteria Compliance with elements of architectural criteria; includes architectural styles of: Mission, Early California, Craftsman and Monterey Single-Story: 10 units Reduced 2-Story: 15 units Two-Story: Total: 84 units Building Height: Maximum of 30 feet to the peak of the roof. Yes Proposed highest structures measure 25 feet in height, to the roof peak. I Recreation Area: Minimum of 100 sauare feet The two proposed recreation areas Yes CT 01-02PUD 01-05 - CALAVERA HILLS VILLAGE K October 16,2002 Page 5 TABLE 2 - CALAVERA HILLS MASTER PLAN CONFORMANCE Standard Conformance Proposed per unit of common recreation required). of 8,400 square feet is feet of common recreation area. area (for 84 units, a minimum contain a total of 14,093 square Design Criteria: Access via Tamarack Avenue. development within Village K. space preserve. space area to south of intrusions or accesses via the open access permitted through open Tamarack Avenue and no No pedestrian or vehicular The project proposes access off of A fence/trellis Plan be the condominium permit. Exhibits “K’-“M. approved in conjunction with A fencekrellis plan is provided on Yes Yes The inclusionary affordable housing requirement for this village is being satisfied by the development of Village Y and the Calavera Hills Affordable Housing Agreement. Given the above, the proposed single-family project is consistent with the provisions of the Calavera Hills Master Plan. C. Subdivision Ordinance Since the Calavera Hills Village K project involves a subdivision into 92 lots (84 of which are residential lots), the proposal is subject to the regulations of Title 20, the Subdivision Ordinance. Chapter 20.16 of the Subdivision Ordinance addresses the requirements for a major subdivision, that being a subdivision that creates more than four parcels. These requirements deal mostly with providing the drainage, sewerage, and circulation dedications and improvements needed to serve the subdivision. There are also requirements concerning consistency with Title 21, the Zoning Ordinance, which is addressed in the other sections of this staff report. The proposed Calavera Hills Village K residential subdivision would provide all necessary facilities prior to, or concurrent with, construction. The hydrology report, submitted by the applicant, indicates that all runoff can be controlled on-site and conveyed into existing storm drain facilities. The on-site sewer system would be connected with the existing system in Carlsbad Village Drive. Water distribution would involve looped service from the existing lines in Tamarack Avenue. No standards variances are needed to approve the project. Given the above, the subdivision provides all necessary facilities and improvements consistent with the Subdivision Ordinance. CT 01-02PUD 01-05 - CALAVERA HILLS VILLAGE K October 16,2002 Page 6 D. Planned Development Ordinance The Calavera Hills Master Plan states that Village K shall develop in accordance to the Planned Development Ordinance (Chapter 2 1.45 of the Zoning Ordinance), except as modified within the Master Plan. As indicated above, the Master Plan contains regulations governing building setbacks, building separation, building height, and recreation areas. The Calavera Master Plan area already has a recreational vehicle storage area (Village I - RV Storage) that serves the entire master plan. Therefore, the proposed project is subject to the Planned Development Ordinance standards regarding visitor parking, private streets and driveway, and storage space. Table 3 below details the project’s conformance with these remaining development standards of the Planned Development Ordinance. TABLE 3 - PLANNED DEVELOPMENT ORDINANCE CONFORMANCE Standard Visitor Parking: For projects over 10 units, 5 spaces for the first 10 units and 1 space per every 4 units above 10 (for 84 units, a minimum of 24 spaces is required). Private Streets: Minimum of 34 feet wide streets from curb-to-curb with minimum 5.5 foot wide parkways. Storage Space: All units must contain a minimum of 480 cubic yards of storage space. Proposed Conformance The project provides 64 guest parking spaces distributed throughout the project site. Yes The proposed street measures 34 feet curb-to-curb and are Yes parkways. adjacent to 4.5 foot wide Each unit has a minimum of 480 cubic yards of storage space via 2-car garages per unit Yes Given the above, the proposed single-family project is consistent with the applicable portions of the Planned Development Ordinance. E. Growth Management Ordinance The Calavera Hills Village K project is subject to the provisions of the Growth Management Program, as contained in Chapter 21.90 of the Zoning Ordinance. As discussed above, the proposed project density of 5.0 dwelling units per net developable acre is within the Growth Management Control Point of 6.0 dwelling per acre for the Residential Medium density (RM) General Plan designation. Table 4 below outlines the project’s conformance with the requirements of the Growth Management Program. CT 01-02/pUD 01-05 - CALAVERA HILLS VILLAGE K October 16,2002 TABLE 4 - GROWTH MANAGEMENT COMPLIANCE Standard Compliance Impacts/Standards City Administration Yes 31 1 sq. ft. Library 166 sq. A. Yes 27.1 CFS Drainage Yes .59 AC Parks Yes 84 EDU Wastewater Treatment Yes Circulation I 840 ADT I Yes I Fire Station #3 Yes 84 EDU Sewer Collection System Yes Carlsbad Unified Schools Yes Satisfied through MP 150(H) Open Space Yes ~~~ Water I 18,480 GPD I Yes I The project is below the Growth Management dwelling unit allowance F. Local Facilities Management Plan (LFMP) Zone 7 The project site lies within LFMP Zone 7. There are no special conditions or requirements within the Zone 7 LFMP that apply to this residential project. The project is conditioned to pay the appropriate public facilities fee, water and sewer connection fees, and traffic impact fees. The project site is located within a Mello Roos District that covers their proportionate obligation for school fees. All facility improvements necessary to accommodate the development will be in place prior to, or concurrent with, development. The Zone 7 LFMP requires the completion of a connection between College Boulevard and El Camino Real prior to building permit issuance beyond 2,500 ADT. Therefore, the Calavera Hills Village K residential development is consistent with the LFMP Zone 7. V. ENVIRONMENTAL REVIEW The potential environmental impacts associated with the construction of Village K were reviewed through the Environmental Impact Report for the Calavera Hills Phase I1 Master Plan Amendment (EIR 98-02, certified January 15, 2002). Village K was analyzed with up to 88 single-family units. Mitigation affecting this village centers on monitoring during the Master Plan’s mass grading (approved via CT 00-02). In addition, a revised noise study for Village K was required to determine the heights and locations of noise walls. ~~ The proposed Calavera Hills Village K project, as designed and conditioned, would not create any significant adverse environmental impact than previously identified and addressed in EIR 98-02. The project is consistent with the applicable regulations; will be graded in accordance with the City’s Grading Ordinance and City Standards; will comply with the City’s National Pollutant Discharge Elimination System Permit; will provide all facilities necessary to serve the Ad7 CT 01-02PUD 01-05 - CALAVERA HILLS VILLAGE K October 16,2002 Page 8 development prior to, or concurrent with, construction; and will provide noise attenuation walls along the College Boulevard; and is consistent with EIR 98-02. Given this environmental analysis, the Planning Director issued a Negative Declaration on June 24,2002. No public comments were received during the 20-day public review period. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. EM:mh Planning Commission Resolution No. 5289 (Neg Dec) Planning Commission Resolution No. 5290 (CT) Planning Commission Resolution No. 5291 (PUD) Location Map Disclosure Statement Local Facilities Impact Assessment Form Background Data Sheet Reduced Exhibits Exhibits “A” - UU”, dated October 16,2002. DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownerslup interests on all 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 ths information is completed. Please print. Note: Person is defmed as “Any individual, firm, cc-parb~mhip, joint venture, association, social club, fraternal organization, 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 names, title, addresses of all individuals owning more than 10% of the shares. IF NO interest in the application. If the applicant includes a cornoration or uartnershiu, include the APPLICABLE W/A) IN THE SPACE BELOW If a publiclv-owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person cOrp,part Calavera Hills II L.L.C. Title Title Address Address 2727 Hoover Ave. National City INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- CA 91950 2. 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 (is, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a comoration or uartnershie 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 cornoratiot~ include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person CorpPart Calavera Hills I1 L.L.C. Title Title Address Address 2727 Hoover Ave. National City CA 91950 1635 Faraday Avenue * Carlsbad, CA 92008-7314 * (760) 602-4600 - FAX (760) 602-8559 .@ 4Y 3. NON-PROFIT @GANLZATION OR TRUST e If any person identified pursuant to (1) or (2) above is a nonurotit organization or a tmst, list the names and addresses of ANy person serving as an officer or director of the non-profit organization or as bustee or beneficiary of the. Non Profinrust Non Profinrust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes NO If yes, please indicate person(s): NOTE: Attach additional sheets if necessaxy I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:AOMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 50 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: CT 01-02PUD 01-05 - CALAVERA HILLS VILLAGE K - LOCAL FACILITY MANAGEMENT ZONE: I GENERAL PLAN: RM ZONING: PC - Calavera Hills Master Plan DEVELOPER'S NAME: Calavera Hills I1 L.L.C. ADDRESS: 2727 Hoover Avenue, National Citv, CA PHONE NO.: (619) 336-3138 ASSESSOR'S PARCEL NO.: 167-101-28. 168-041-03/06/07~10 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): ESTIMATED COMPLETION DATE: 2004 A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 31 1 Library: Demand in Square Footage = 166 Wastewater Treatment Capacity (Calculate with J. Sewer) 84 EDU Park: Demand in Acreage = .58 Drainage: Demand in CFS = 27.1 Identify Drainage Basin = Buena Vista (Identify master plan facilities on site plan) Circulation: Demand in ADT = 840 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 3 Open Space: Acreage Provided = Per MP 150(A) Schools: Carlsbad Unified Elementary: 2 1.9 Middle: 6 High: 11.4 Sewer: Demands in EDU 84 Identify Sub Basin = SAH (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 18,480 The project is 1.0 units the Growth Management Dwelling unit allowance. BACKGROUND DATA SHEET CASE NO: CT 01-02PUD 01-05 CASE NAME: CALAVERA HILLS - VILLAGE K APPLICANT: MCMILLIN COMPANIES REQUEST AND LOCATION: 84 single-family homes in Village K LEGAL DESCRIPTION: Portion of Lots “D and “J” of the Rancho Agua Hedionda, in the City of Carlsbad. Countv of San Diego. State of California. according to Map 823, filed in the Office of the San Diego County Recorder on November 16, 1896, also being Lot 5 of Carlsbad Tract No. 00-02 APN: 167-101-28. 168-041-03/06/07/10 Acres: 16.95 net ProposedNo. ofLots/Units: 84 units GENERAL PLAN AND ZONING Land Use Designation: Rh4 Density Allowed: 4-8 Density Proposed: 5.0 Existing Zone: PC Proposed Zone: PC Surrounding Zoning, General Plan and Land Use: Zoninn Site PC North PC South PC East PC West PC General Plan Current Land Use Rh4 Vacant Collector Street Tamarack Avenue Major Arterial Carlsbad Village Blvd. Major Arterial College Blvd. RM Village C-1 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 84 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued June 24,2002 0 Certified Environmental Impact Report, dated 0 Other, .. . .. i 15 f 'ct i a 8 a P L 57 1 I I i i 3 \ I E L3 64 r Y \ \ \ \ /' CA 4 4 0 c.l ._ 4 4 0 m 1 H x v, 0 I I 73 v, j 9 & 0 PC c\1 ... 9 & io u b 73 m 0 0. 3 I CI 3 e, ... N 4 d 0 lr) 9 3 0 9 a 0 fl 0 .C. I 3 ry) 0 I N .L 4 3 0 77 m 4 & 0 m 9 d 0 N .., 4 d 0 b u 80 rg 4 d 0 " I .hit vr 0 d 0 9 pi c.l ... 4 d 0 /j , Ir II CA ? 3 0 i L , d 0 b u L- I I i i i i i ! ! I I ! i i I i i i 83 .* N s 3 0 b V 0 E E I I I I I - .I .. .. .. ._...e .....- I: :: r-"- I I I I I I 1 I I I L""-""""""""" L! a" I .n c\l s Io H 86 87 v) 0 I c Pi ... 9 3 0 's a? 0 rg 0 I & f! i 1 0 .n I 2[ I k u K I i"I-1 f. r- i j j I I I ." I 93 m 0 0 I d .n N 9 M 0 1 1 a 3 . m 0 0 d I !3 PI hl ... 9 d 0 b u h 4 3 Q c 97 99 Planning Commission Minutes October 16,2002 DRAFT Page FJHIBIT 5 6. CT 01-OZIPUD 01-05 - CALAVERA HILLS VILLAGE K - Request for a Negative Declaration, Tentative Tract Map (CT), and Planned Unit Development Permit to allow the subdivision and construction of an 84-unit single-family development within Village K of the Calavera Hills Master Boulevard, in Local Facilities Management Zone 7. Plan, on property generally located at the northwest corner of Carlsbad Village Drive and College Jimeno. He stated that the Commission's action is advisory and will be forwarded to the City Council. Mr. Wayne introduced item #6 and stated that Eric Munoz would make the presentation assisted by Frank Chairperson Trigas opened the public hearing on Item #6. Mr. Munoz pointed out that Village K is located in the central portion of the Calavera Hills Master Plan, It was the subject of a major change in the Master Plan Amendment approved by the City Council earlier this year, which was to establish a 34-acre wildlife corridor through Village K. Village K had also been previously designated for 420 multi-family homes and the affordable housing site. The affordable housing site was relocated to Village Y and Village K was re-designated from multi-family to single-family with a maximum of 88 single-family homes. This project proposes 84 homes and complies with all architectural and master plan guidelines for development standards as well as architectural criteria. He showed exhibits and pointed out the open space area going through the central and southern portion of Village K. Mr. Munoz stated that the Errata Sheet clarifies the fact that the open space area in Village K is comprised the map, but they wanted to make it clear to the Commission and the community that the 34-acre wildlife of two lots. He said it clarifies what was going to happen anyway as a standard matter of practice in filing corridor comprised of those two lots will be dedicated to an environmental manager of conservation easement with open space zoning in the master plan. Commissioner Segall asked how the people that move into Village K will be notified of the barricade at College and what the process is to remove the barricade. Mr. Munoz replied that there is no specific disclosure on that item, however, if they were to research the Master Plan or the EIR that created the current allowance for Village K, there are discussions and mitigation measures in there as part of the certified EIR that regulate when that opening with Oceanside and College can occur. It's basically an ADT traffic generated based threshold. 2,500 ADT is the limit up to which building permits can be issued without opening College Boulevard. There is disclosure if someone were researching the underlying documents that allow Village K to be developed and approved, but there's no specific disclosure to the of developing Village K so it will almost be a non-issue because it will be so close to being opened. The new residents of Village K. By the time 2,500 ADT comes around it's going to be right about the midpoint developer might make the disclosure as part of their marketinglsales program. Mr. Wayne clarified that the issue on the opening of the barricade isn't just the units, it's whether or not College and Cannon are constructed to El Camino Real. The City isn't going to open the barricade when they get to 2,500 ADT; instead once McMillin has been issued enough building permits that would generate 2,500 ADT, they won't be issued another building permit until College and Cannon are constructed. That gives McMillin incentive to finish that road in a timely manner and then the barricade gets opened. Commissioner Whitton asked if the garage is included in the square footage of the housing units that have two full stories and in the 3,000 square foot area. Mr. Munoz replied that it is. the third and fourth neighborhoods in a series of neighborhoods that will be coming before the Brian Milich, Corky McMillin Companies, 2727 Hoover Avenue, National City 91950, stated that these are approved which set the tone for the final phase of Calavera Hills and addressed a variety of issues such Commission and these are the first two single-family neighborhoods. The Master Plan has already been with Staff dealt with the architecture. There is a section of the Master Plan that goes into all of the as grading, landscaping, size of the lots, and open space corridors. A very large part of their discussions different architectural elements that have to be addressed in this project. He said he had not worked with a more complicated set of rules and regulations and that's because they not only have the Master Plan rules and regulations, but the new Planned Development Ordinance rules and regulations. He said it's been a good challenge because they came out with some good architecture but it was a challenge to address all the requirements. He highlighted a number of requirements they had: )OO Planning Commission Minutes October 16,2002 Page 15 Requirements for the number of single story, reduced two story, and two story units. Requirements in terms of the maximum number of elevations of each of those different types requiring architectural variety. They have architectural variety ensured as one of the specific requirements and these all have certain percentages and certain criteria established with them in the Side yard setbacks and garage placement. They have three-car garages, but those are in tandem or Master Plan. Front entry features that require either courtyards or porches. side entry to one of the garages so no more than two garages are lined up. Recreation areas required. New PD Ordinance requirements in terms of how the units are established so that there are certain offsetting planes both front, rear, and side to make sure there is enough shadow and relief on all the units. Commissioner White said the elevations she saw in Village K and Village L-2 had only two architectural styles and they looked exactly the same on both sets of plans. She wanted to know if he intends for each village to have something that makes it individual or sets it apart from the other villages so there's not a community with a lot of homes shared between four architectural styles and four floor plans. She also asked what he might do for landscaping. Mr. Milich replied that there are provisions that they believe they not be building all the neighborhoods. They will most likely build Villages K. L-2, and probably X, and met in the master plan. He said one of the ways that will most likely be taken care of is that McMillin will Brookfield will most likely be building the two multi-family projects, E, Y. U. and probably Village W. To avoid direct competition with each other they'll most likely end up having different homes. Mr. Milich said that Staff required that each neighborhood have some overlapping as well as some different architectural styles. K and L-2 will have Mission, Early California, Craftsman, and Monterey styles. There are some overlap with K and L-2, and then it will also have Spanish Colonial and Santa Barbara. There will be some similarities but also some distinctions between them. Village W will have Craftsman and Monterey. which mixing and matching between each of the neighborhoods but they didn't want each neighborhood to look identical to the other. With the need to provide this information so far in advance of building, they came in with similar floor plans on the neighborhoods but different architectural styles so they wouldn't all look the same. He said their goal right now is to develop different model complexes, different floor plans. As a result he thought the units would look even more different even if the developer is the same. Commissioner White said they would do the community a great service if when they market these homes they would talk to their potential buyers about Cannon and College in a way that does not negatively impact their marketing. Mr. Milich said those are the types of things they like to disclose and will definitely start clearing the site within the next couple of weeks and then start grading because that's important not have in their disclosure. He added that they are highly motivated to get those roads built. They hope to only to the City, but to them. He said it's their marketing window to the project, so they're very anxious to get the roads under construction and completed. Commissioner Segall said he thinks there's sometimes a tendency to have the homes look almost identical from the back because they're focusing on front elevations. He wanted to know how the rear elevations would differentiate different styles of the same unit and if there is any plan to do that. He asked if there are any amenities or articulations other than the color of the paint that would differentiate one design from the other. Mr. Milich said there are some small nuances, but they won't be as different as the front elevations. There are a lot of things happening on the rear elevations and that's driven as much by the ordinances and the master plan as by their desire to show some changes in the rear elevations. There will be balconies required in some cases there are offsets in planes, and different roof features. In and dormer vents to address details that might be picked up from the front elevations. some cases the roof tile will be different. There are minor features that could be added such as shutters to two different elevations. Basically there's going to be two different styles that will be repeated all the Referring to a drawing, Commissioner Segall said there will be a view from Glasgow Street that amounts way down and you won't be able to discern one from the other, other than paint color. He wanted to know how they could differentiate those, especially when there's a view of it from another street. Mr. Milich replied that there are some houses that will repeat and will have some differences in the back. He said he didn't know to what degree you would see a lot of difference from a detail standpoint architecturally, but shades and shadows will differentiate to a degree and break up a long monotonous row of houses. He said they will have some landscaping, although in that case it's somewhat restricted because it's a brush /o I Planning Commission Minutes October 16,2002 Page 16 management area and there are certain things that can and can't be done in the rear yards. He said they are willing to add more detail if that's the concern with some of the rear elevations. He said that particular street was difficult because of the restrictions caused by the open space and the brush management so that's why there are some groupings of two-story units. He deferred to Kirk McKinley to further address that concern. ridge. He said they not only have one-story buildings on the ridge, but they have reduced second story Kirk McKinley, McKinley Associates, 1818 First Avenue, San Diego 92101 discussed the concerns of the plans which have four offsetting planes on the rear elevation. He showed how the one-story edges and offsetting planes of the various plans would lend variety and a feeling of separation from unit to unit. He explained how they could add shutters, pot shelf elements, and venting details to the rear elevations. He also noted different fascia details such as wood fascia with heavy outriggers, individual outriggers, and plaster soffitt detailing that goes around the building. He said a lot of the detail is not picked up in the drawing, but when you see the final product in reality you begin to see a lot of the architecture. Commissioner Segall wanted to make sure that when the rear elevations are grouped together they won't all look the same, except for different colors and mentioned adding other architectural enhancements that do in visible locations. He said the City of Carlsbad has to be really committed to this one story edge match the front and wrap them all the way around. Mr. McKinley said that's what they're saying they will condition that the Planning Commission pushes because it's a very successful way of giving more breathing room between houses. He said they try to get their clients, in this jurisdiction as well as others, to take that along in the design process because they found from experience that it really helps with the streetscape and the appearance of the project. Commissioner Whitton asked him to address the requirement for front porches because he could not see them on the drawing. Mr. McKinley replied that the requirement is for a certain percentage of either porches or front courtyards. He pointed out which houses had courtyards and indicated that the houses depicted in the streetscape don't have covered porches, but they do have covered porch solutions for some of the alternate elevations that project out in front of the building that satisfy that requirement. Commissioner Segall asked what the square footage is of the porches and if it meets the PD ordinance. Mr. McKinley said it's 60 square feet and that meets the PD ordinance. Mr. McKinley added that they made a recommendation to McMillin to have three separate color palettes - a light color, medium color, and a dark color. Those vary from community to community so when you see the architecture in one of these other communities it may provide some of the product segmentation that you're concerned about. He said they have been very successful in doing this in several projects in Sari Diego where they have six different architectural projects going on and were trying to get diversity behveen them. The color diversity and the corresponding trends that go along with that really add to the variety. Chairperson Trigas asked why the homes are exactly the same elevations in Village L-2, which is much the larger 84-unit area. Mr. Milich stated that their plan has always been that K and L-2 would be smaller and has a more intimate feeling, and if there would be something more unique in this area than marketed out of the same set of models. They're right across the street from each other so rather than thinking of it as an 84-unit project, it's really a 98-unit project. It has its own recreational facility although able to use each other's facilities. The houses will be in the same price ranges and will most probably be most likely they will be setting up a homeowners association where all of the single-family villages will be built by McMillin out of one model complex. Commissioner Heineman asked if the lots in L-2 are much larger. Mr. Milich said some of the lots are quite a bit larger in L-2; however some of the lots in K are quite large also because there's some slope included. He said they made sure that the houses would fit and would be interchangeable in either of the neighborhoods. Chairperson Trigas opened public testimony Bob Hoffman, 3635 Terrace Place, Carlsbad, from the Sheffield Development located down the hill from the proposed homes, wanted to-know if the pool planned for Village K would be available to all residents in the Calavera Hills Master Community Association or if it would be strictly for the people who live in Village K. lo a Planning Commission Minutes October 16,2002 Page 17 Brian Gallagher, 2900 Cliff Circle, Carlsbad, stated that a number of their homes will be directly across from a hill that slopes up and homes that will look down. He had the following questions: Will there be any effort to make the 90-degree turn at Harwich and Glasgow safer by giving it a gentler turn than it currently has. There is no sidewalk so when they walk with their kids they're kind of close to the traffic. What is the dimension of a sidewalk that's going to be on the Calavera Hills side of Harwich to support people trying to get to the park? What is the location and height of the noise wall identified as part of this development? What is the process for having the ravine checked out where old couches and chairs end up and is visible from the street. In regard to Mr. Hoffman's question on recreational facilities, Mr. Milich said they would be setting up a separate homeowners association for Calavera Hills Phase 11, and most likely the residents of the single- family neighborhoods, K, L-2, W, and X, will use those recreational facilities. They will not be available to residents in Calavera Hills Phase I. the intersection of Harwich and Glasgow Roads. They will be making improvements; they will be adding a Regarding the questions raised by Mr. Gallagher. Mr. Milich said there are currently no plans to change they will be adding frontage improvements which will include a sidewalk on one side. The open space is sidewalk on one side and a trail segment on the other side. The alignment of the road is not changing but going to be transferred soon to a non-profit organization that will be managing in perpetuity all of the open space at Calavera Hills. That will be under the control and management of somebody who is set up to make sure that trash is picked up, non-native vegetation is cleared, and a variety of other things. Don Mitchell, Corky McMillin Companies, pointed out on the map where the noise wall would be located. Chairperson Trigas closed public testimony. Mr. Munoz stated that the area where Glasgow and Harwich currently form a 90-degree angle is straddled by the open space preserve. The fact that it's in open space precludes the ability to straighten out that road segment so that's why it has to stay as a 90-degree turn. Mr. Wayne added for clarification that it's the open space for Phase II that would be maintained in perpetuity. They are not responsible for Calavera Phase I so if the open space area referred to is in Phase I, there's no mechanism currently, but ultimately there will be a managing entity for that if the Habitat Management Plan gets put into place. Chairperson Trigas asked where the ravine is located. Barbara Heit, 2908 Cliff Circle, Carlsbad, pointed out the location of the ravine on the map and stated that it is in Calavera Hills Phase II. Commissioner Segall wanted to make sure that Mr. Munoz understood his concern on the ridge and wanted his opinion as to whether it's inherent in the plan or if they need to add a condition. He said he would be satisfied to leave it to the satisfaction of the Planning Director as to where it is, but wanted to make sure it is addressed in this project. Mr. Munoz said he would recommend a condition that targets Lots 17 to 31 to have additional rear elevation enhancements to the satisfaction of the Planning Director. Commissioner Segall said he would make that part of the motion if he had agreement with the rest of the Commissioners. Commissioner Baker said she didn't disagree, but was hesitant to saddle the homeowner with costly maintenance that they won't do and then would have elevations from the rear with architectural details that would require the same maintenance that would be required on the front of the home and didn't think there are not maintained. Mr. McKinley said the items they would propose would be items such as shutters that would be that type of issue. Commissioner White commented that if she were a homeowner that did not have the extra architectural enhancements on the rear elevations that others had, she would be really disappointed. She said the developer may be in a situation where they feel they have to treat all elevations on that street the same to make all houses look equally desirable. Planning Commission Minutes October 16,2002 Page 18 Chairperson Trigas said that the proposal is to leave it up to the Planning Director and it‘s understood what they’re looking for. Commissioner Dominguez asked if there’s anything that could be done with the HawichlGlasgow connection to mitigate the sharpness. He said he wasn’t satisfied with the answer that nothing could be done because of habitat. Mr. Jimeno replied that the requirement to improve Glasgow/Harwich came with the Master Plan last December. Both streets would be fully improved except they would probably be narrowed down and they will have a sidewalk on one side and a trail on the other side. They’re trying to smooth out the 90-degree corner a little but they cannot encroach in the restricted HMP area. Commissioner Dominguez asked if the radical turn could be straightened out any within the given right-of- way. Mr. Jimeno said they’re minimizing the curve staying within the existing right-of-way. Commissioner Dominguez said he thinks it‘s a situational problem that needs to be addressed. He knows there are complications involved, but feels that it should be conditioned that that particular situation be addressed. Mr. Wayne stated that Mr. Jimeno said it was already approved as part of the Master Tentative Plan and what they’re trying to do in final design is deal with some of these issues. He thought by doing that they might end up throwing this project out of conformance with an earlier project which would then create some potential problems. Commissioner Dominguez asked if Glasgow or Hawich will be extended at a future time. Mr. Jimeno said that originally that was going to be a full intersection, but now they’re not going to continue Glasgow or Harwich. so it becomes a 90-degree turn. MOTION ACTION: VOTE: AYES: ABSTAIN: NOES: MOTION ACTION: Motion by Commissioner Baker and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5295, adopting the Negative Declaration issued by the Planning Director and adopt Planning 01-01 and Planned Unit Development Permit PUD 01-04, based upon the Commission Resolutions No. 5296 and 5297 approving Tentative Tract Map CT findings and subject to the conditions contained therein, including the Errata Sheet for Village L-2. 7-0-0 Chairperson Trigas, Commissioners Baker, Dominguez. Heineman, Segall. White, and Whitton None None Motion by Commissioner Baker and duly seconded, that the Planning adoption of the Negative Declaration issued by the Planning Director and adopt Commission adopt Planning Commission Resolution No. 5289, recommending Tentative Tract Map CT 01-02 and Planned Unit Development Permit PUD 01-05, Planning Commission Resolutions No. 5290 and 5291 recommending approval of based upon the findings and subject to the conditions contained therein, including the Errata Sheet for Village K, and including a condition to improve the rear elevations on Units 17 through 31 in Village K to the satisfaction of the Planning Director. Planning Commission Minutes October 16,2002 Page 19 VOTE: 7-0-0 AYES: White, and Whitton Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall, ABSTAIN: NOES: None None PLANNING COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT MOTION By proper motion, the Regular meeting of the Planning Commission of October 16, 2002 was adjourned at 9:17 p.m. GARY WAYNE Assistant Planning Director Kathy Vande Voori Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. PROOF OF PUBLICATION (2010 6% 2011 C.C.P.) This space is for the County Clerk’s Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Fomlerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulatio the Superior Court of the County of San Di 1 State of California, for the County of San Dif that the notice of which the annexed is a prir copy (set in type not smaller than nonpariel), been published in each regular and entire issuc said newspaper and not in any supplement the] on the following dates, to-wit: 1 NOVERBER 9,2002 I certify (or declare) under penalty of perjury the foregoing is true and correct. Dated ai SkN IvIARCOS >- Calif01 this 11TH CASEFILE JCT 01-02,PUD 01-05 of NOVERBER, 2002 CASE NAME CALAVERA HILLS VILLAGE K SATURDAY, NOVEMBER 9,2W2 PUBLISH! CITY OF CARLSBAD CALAVERA HILLS VILLAGE K CT 01-02IPUD 01-05 I Signature NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, November 19,2002, to consider a request for approval of a Negative Declaration, Tentative Tract Map, and Planned Unit Development Permit to allow the subdivision and construction of an 84 unit single family development within Village K of the Calavera Hills Master Plan, on property generally located at the northwest corner of Carlsbad Village Drive and College Boulevard, in Local Facilities Management Zone 7 and more particularly described as: Parcel A of Parcel Map 16233, file in the Office of the County Recorder on September 21, 1990, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the.staff report will be available on and after November 15, 2002. If you have any questions, please call Eric Munoz in the Planning Department at (760) 602-4608. The time within which you may judicially challenge this Negative Declaration, Tentative Tract Map and/or Planned unit Development Permit, if approved, is established by state law andor city ordinance, and is very short. If you challenge the Negative Declaration, Tentative Tract Map and/or Planned Unit Development Permii 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, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 01-02PUD 01-05 CASE NAME: CALAVERA HILLS VILLAGE K PUBLISH: SATURDAY, NOVEMBER 9,2002 CITY OF CARLSBAD CITY COUNCIL. w CALAVERA HILLS VILLAGE K CT OI-OZ/PUD 01-05 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, [DATE], to consider a request for a Negative Declaration, Tentative Tract Map, and Planned Unit Development Permit to allow the subdivision and construction of an 84 unit single family development within Village K of the Calavera Hills Master Plan, on property generally located at the northwest corner of Carlsbad Village Drive and College Boulevard, in Local Facilities Management Zone 7 and more particularly described as: Parcel A of Parcel Map 16233, filed in the Office of the County Recorder on September 21, 1990, in the City of Carlsbad, County of San Diego, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after [DATE]. If you have any questions, please call Eric Munoz in the Planning Department at (760) 602-4608. The time within which you may judicially challenge this Tentative Tract Map and Planned Unit Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map and Planned Unit Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 01-02/PUD 01-05 CASE NAME: CALAVERA HILLS VILLAGE K PUBLISH: [DATE] CITY OF CARLSBAD CITY COUNCIL Smooth Feed SheetsTM Use template for 5160" CARLSBAD UNlF SCHOOL DlST 801 PINE AVE CARLSBAD CA 92008 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD PUBLIC WORKSlCOMMUNlTY SERVICES CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 CITY OF CARLSBAD PUBLIC WORKSJCOMMUNITY SERVICES CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 I.P.U.A. 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CARLSBAD CA 92008-6555 T.?. 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92008-5501 CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 MICHEAL & LAUREN CONRAD SAMUEL K AFOLAYAN BRETT H POLLOCK 3815 CROWNPOINT CT 3811 CROWNPOINT CT 3807 CROWNPOINT CT CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 RAYMOND H DREIFUSS PENG & WU ZHU GEOFFREY M & JULIE LESS 3808 CROWNPOINT CT 3812 CROWNPOINT CT 3816 CROWNPOINT CT CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 KEVIN J HACKETT KENNETH C KENDRICK 3820 CROWNPOINT CT 3824 CROWNPOINT CT CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 *** 194 Printed *** DEVIN B CARNEY CYPRESS VALLEY CARL SARRAZOLLA 3804 CROWNPOINT CT 2727 HOOV 3803 CROWNPOINT CT CARLSBAD CA 92008-5500 N-CITY 91950-6625 CARLSBAD CA 92008-5500 JAMES W & SANDRA LEE CYPRESS VALL 3800 CROWNPOINT CT CARLSBAD CA 92008-5500 *** 5 Printed ***