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HomeMy WebLinkAbout2002-12-17; City Council; 17019; Calavera Hills Village U CT 01-04/CP 01-02CITY OF CARLSBAD -AGENDA BILL AB# 17,019 CITY e DEPT. PLN CITY ATTY. CALAVERA HILLS VILLAGE U MTG. ~7/17/~2 DEPT. HD. WW TITLE: CT 01-04/CP 01-02 RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2002-367 , ADOPTING the Negative Declaration, and APPROVING the Tentative Tract Map and Condominium Permit for the Calavera Hills Village U multifamily condominium development. ITEM EXPLANATION: On November 6, 2002, the Planning Commission conducted a public hearing and recommended adoption of the Negative Declaration and approval of the Tentative Tract Map and Condominium Permit for the Calavera Hills Village U multifamily condominium development with a 6-0 vote (Segall absent). The proposed project entails 135 condominium units on a 61.6-acre site, with over 41 acres being preserved in natural open space. The currently vacant site will be graded in accordance with the Master Tentative Map for Calavera Hills Phase II, approved by the City Council on January 15, 2002. The site is located southeast of the intersection of Carlsbad Village Drive and College Boulevard and would be bounded by natural open space to the north, east, and south and College Boulevard to the west. The proposed condominium units would be contained in 26 residential buildings and would range in size from 1,350 to 1,550 square feet. The architecture would follow a Mediterranean theme with stucco walls and tile roofs, incorporating strong relief and a variety of building materials. The condominium site would be served by a system of private roads and accessed by two openings on College Boulevard. A large centralized common recreation facility will be provided, along with a smaller turf area for passive recreation. There was no public testimony regarding the Village U proposal at the Planning Commission hearing. 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, staff and the Planning Commission recommend approval of the Calavera Hills Village U multifamily condominium development. ENVIRONMENTAL: The potential environmental impacts associated with the creation and grading of the Village U site, as well as the future extension of College Boulevard, 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 U multifamily condominium project, as designed and conditioned, would not create any significant adverse environmental impacts. Therefore the Planning Director issued a Negative Declaration on October 16, 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 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. I PAGE 2 OF AGENDA BILL NO. 17,019 EXHIBITS: 1. City Council Resolution No. 2002-367 3. Planning Commission Resolutions No. 5304, 5305, and 5306 4. Planning Commission Staff Report, dated November 6,2002 5. Excerpts of Draft Planning Commission Minutes, dated November 6, 2002. 2. Location Map d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-367 A RESOLUTION OF THE CtTY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR THE CALAVERA HILLS VILLAGE U MULTIFAMILY CONDOMINIUM DEVELOPMENT, LOCATED ON THE EAST SIDE OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD, SOUTH OF CARLSBAD VILLAGE DRIVE, IN THE NORTHEAST QUADRANT. CASE NAME: CALAVERA HILLS VILLAGE U CASE NO.: CT 01 -04/CP 01 -02 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 6, 2002, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, Tentative Tract Map, and Condominium Permit; and WHEREAS, the City Council of the City of Carlsbad, on the 17th day of DECEMBER , 2002, held a duly noticed public hearing to consider the Negative Declaration, Tentative Tract Map, and Condominium Permit, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to CT 01 -04/CP 01 -02; 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 approves the application for a Tentative Tract Map and Condominium Permit for a 135-unit multifamily condominium development on property generally located east of the future extension of College Boulevard, south of Carlsbad Village Drive, as shown in Planning Commission Resolutions No. 5304, 5305, and 5306 and the findings and conditions of the Planning Commission as set forth in those resolutions, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. . . .. . . .. .... .... . . .. 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 17th day of DECEMBER , 2002, by following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None ;q f (SEAL) J -2- the EXHIBIT 2 CALAVERA HILLS VILLAGE U CT 01-04/CP Ol=.O2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5304 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 A 135 UNIT MULTIFAMILY AIRSPACE CONDOMINIUM LOCATED EAST OF FUTURE COLLEGE BOULEVARD, SOUTH OF CARLSBAD VILLAGE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVERA HILLS VILLAGE U CASE NO.: CT 0 1 -04/CP 0 1-02 WHEREAS, Calavera Hills 11, LLC “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by McMillan Companies, LLC, and Tamarack Properties, Inc., “Owner,” described as A portion for Lot “D” of the Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County Recorder on November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, also being Lot 4 of Carlsbad Tract No. CT 00-02 (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 6th day of November, 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 20 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 October 16, 2002, and "PII" dated October 3, 2002, attached hereto and made a part hereof, based on the following findings: Findinm: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Negative Declaration and the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. 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 c. it reflects the independent judgment of the Planning Commission of the city of Carlsbad; and d. 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 6th day of November, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, White, and Whitton NOES: None ABSENT: Commissioner Segall SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . MICHAEL J. MLZMLLER Planning Director PC RES0 NO. 5304 -2- 3 - City of Carlsbad NEGATIVE DECLARATION Project AddressLocation: East of fbture College Boulevard, south of Carlsbad Village Drive, in the City of Carlsbad, County of San Diego, State of California Project Description: Tentative Tract Map and Condominium Permit for the subdivision and construction of a 135 unit multifamily air-space condominium development within Village U of 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 from 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 Michael Grim in the Planning Department at (760) 602-4623: DATED: CASE NO: CASE NAME: PUBLISH DATE: OCTOBER 16,2002 CT 0 1 -04/CP 01 -02 CALAVERA HILLS VILLAGE U OCTOBER 16,2002 x- 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 * FAX (760) 602-8559 www.ci.carlsbad.ca.us @ 8 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CT 0 1 -04/CP 0 1-02 DATE: October 3.2002 BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: Calavera Hills Village U LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad CONTACT PERSON AND PHONE NUMBER: Michael Grim (760) 602-4623 PROJECT LOCATION: East of the future extension of College Boulevard. south of Carlsbad Village Drive, Citv of Carlsbad, Countv of San Diego. State of California. PROJECT SPONSOR’S NAME AND ADDRESS: McMillan Homes. 2727 Hoover Ave. National Citv, CA GENERAL PLAN DESIGNATION: Residential Medium High Densitv (RMH) ZONING: Planned Communitv (P-C) OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): none PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Tentative Tract Mar, and Condominium Permit for the subdivision and construction of a 135 unit mulifamly air-space condominium develooment within Village U of the Calavera Hills Master Plan which is currently vacant but to be graded in accordance with the Calavera Hills Phase II Master Tentative Mar, (CT OO-O2/EIR 98-02). The multifamilv condominium site is bounded bv the future extension of College Boulevard to the west. the existing single familv development known as Capistrano to the north, existing master Dlan native or,en suace to the east. and the future single familv development in Village W to the south. 1 Rev. 07/03/02 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 Aesthetics 0 Geology/Soils Noise Cultural Resources 0 Mineral Resources 0 TransportatiodCirculation 0 Mandatory Findings of 0 Utilities & Service systems Significance 2 Rev. 07/03/02 DETERMINATION. (To be completed by the Lead Agency) 0 0 0 0 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 “potentially significant impact(s)” on the environment, but at least one potentially significant impact 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 3 Rev. 07/03/02 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 dormation 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 Irnpact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved.. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not sislllficantly adverse, 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 “Potentidly 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 sigmficant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly adverse. Based on an “EIA-Part II”, if a proposed project could have a potentially significant adverse effect on the environment, but glJ potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed‘upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When “Potentially Signifcant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse 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 adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse 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. 4 Rev. 07/03/02 I2 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse 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 adverse impact to less than significant; (2) a “Statement of Ovemding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than sipficant; or (4) through the EIA-Part Il 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 Mitigation Incorporated I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? 17 0 OB 0 0 om c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 0 UIXI d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? 0 0 EIIXI II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and . Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Fadand Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? cl 0 om b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 0 OB 5 Rev. 07/03/02 13 Issues (and Supporting Information Sources). m. c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to Substantial pollutant concentrations? Create objectionable odors affecting a Substantial number of people? BIOLOGICAL RESOURCES - Would the project: Have a Substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a Substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a Substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to mars4 vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Potentially Significant Impact 0 0 0 0 0 CI 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 a 0 0 0 Less Than Significant Impact 0 la IXI 0 0 0 0 6 Rev. 07/03/02 Issues (and Supporting Information Sources). Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Impact tributary areas that are environmentally sensitive? IV. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to 8 15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? IV. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. 11. iii. iv . Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? Seismic-related ground failure, including liquefaction? Landslides? 7 Potentially Significant Impact 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation tncorporated I7 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 .a 0 0 0 Rev. 07/03/02 /5 Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Be located on expansive soils, as defined in Table 18 - 1 -B of the Uniform Building Code (1 997), creating substantial risks to life or property? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? IV. HAZARDS AND HAZARDOUS MATERIALS - Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 8 Rev. 07/03/02 ld h) Expose people or structures to a sigdicant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? WI. HYDROLOGY AND WATER QUALITY - Would the project: Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Impacts to groundwater quality? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Place within 100-year flood hazard area structures, which would impede or redirect flood flows? Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? 9 Rev. 07/03/02 I3 Ix. X. X. 1) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? n) Changes to receiving water quality (marine, flesh or wetland waters) during or following construction? 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? 0 n[x1 0 0 oIx1 0 0 om 0 0 OIXI 0 0 0 LANDUSE AND PLANNING - Would the project: Physically divide an established community? 0 0 om Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 0 0 OIXI Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 oIx1 MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral 0 resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? 0 0 0 b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 0 0 0 IXI 10 Rev. 07/03/02 I8 A substantial permanent. increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X. POPULATION AND HOUSING - Would the project: Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION 11 Rev. 07/03/02 /? a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 0 om b) Does the project include recreational facilities or require the construction or expansion of recreational OB facilities, which might have an adverse physical effect on the environment? 0 0 XV. TRANSPORTATION/TRAFFIC - Would the project: Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air trafflc patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in insuMicient parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: 0 0 0 0 IXI Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of OM existing facilities, the construction of which would cause significant environmental effects? 0 uIx1 0 0 Require or result in the construction of new storm water drainage facilities or expansion of existing 0 OM facilities, the construction of which could cause significant environmental effects? 12 Rev. 07/03/02 ao Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Be served by a landfill with sufiicient permitted capacity to accommodate the project’s solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? XW. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 0 0 0 0 0 17 0 17 0 0 0 0 DISCUSSION OF ENVIRONMENTAL, EVALUATION Ixl IXI IXI Ix1 Ix) IXI IXI The Calavera Hills Village U project involves the subdivision and construction of a 135 unit multifamily air-space condominium development within Village Y of the Calavera Hills Master Plan. The 61.6 acre Village site will be created through the recordation of the Master Tentative Map for Calavera Hills Phase I1 (CT 00-02) and will be graded in accordance with that map. The potential environmental impacts associated with the creation and grading of the Village U site were reviewed through the Environmental Impact Report for the Calavera Hills Phase I1 Master Tentative Map (EIR 98-02, SCH No. 991 11082), certified January 15,2002. The Environmental Impact Report also reviewed the impacts associated with the development of Village U with up to 179 condominium units, 44 units more than is proposed with this Tentative Tract Map and Condominium Permit. Th~s environmental document also reviewed the potential environmental impacts associated with the future extension of College Boulevard, which will provide frontage and access to Village U. Since the development of Village U 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 U with the proposed air-space condominium development. The 61.6 acre Village U site is mostly in native open space, with approximately 17.9 acres set aside for development. The project site is bound by the future single family development in Village W and the existing single family 13 Rev. 07/03/02 development known as Capistrano to the east, the future multifamily affordable apartment development in Village Y to the south, the existing multifamily residential development known as The Cape to the west, and existing College Boulevard and the future single family development in Village K to the north. The proposed multifamily residential use is compatible with all of the existing and hture surrounding residential and open space uses. The Village Y site is designated Residential Medium High Density (RMH) in the City’s General Plan, allowing up to 15 dwelling units per developable acre. The proposed density is 7.5 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 Planned Development Ordinance, except as modified in the Master Plan. The proposed development would consist of 26 residential buildings, private streets and driveways, a common active recreation area, and 93 surface guest parking spaces. The residential buildings would consist of seven three-plex buildings and 19 six-plex buildings in a motor court style development, all units possessing a two-car garage. The buildings would measure a maximum of 34 feet in height and the condominium units would range in size from approximately 1,350 square feet to 1,550 square feet in area. The total building coverage for the project is 4.7 percent (or 2.9 acres). The project is consistent with the City’s General Plan and meets all development standards and design criteria of the Master Plan and Planned Development Ordinance. The proposed development would necessitate approximately 28,800 cubic yards of balanced grading subsequent to the mass grading that creates Village U. The site development would also include several retaining walls, with a maximum height of six feet. 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 the future extension of College Boulevard and would generate 1,080 average daily traff~c trips, which can be accommodated in the future major arterial roadway. The project would 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 135 air-space condominium units would be provided prior to occupancy, in association with the Phase I1 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. Due to the project’s proximity to College Boulevard, the Master Plan requires that a site-specific noise study be conducted. That noise study indicates that noise attenuation walls are needed along the project’s frontage with College Boulevard. These walls would range in size from four feet to nine feet high and are incorporated into the project design. The project archtecture incorporates strong relief and a variety of materials and colors, thus not creating any negative aesthetic visual impacts from public views. Given the above analysis, the previous environmental documentation and the site-specific technical reports, the proposed Calavera Hills Village U air-space condominium project would not create any significant adverse environmental impacts as designed and conddoned. AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PMlo). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SNAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public heahgs on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. 14 Rev. 07/03/02 23 The proposed project relates to the SIP andlor RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city’s and the County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15 125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: Is a regional air quality plan being implemented in the project area? 0 Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City’s General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. a) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and fiom the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project’s contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than sigmficant. c) Expose sensitive receptors to substantial pollutant concentrations? No Impact. As noted above, the proposed project would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. d) Create objectionable odors affecting a substantial number of people? No Impact. The construction of the proposed project could generate fumes fiom the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. TRANSPORTATION/TRAFFC-Would the project: 15 Rev. 07/03/02 a3 a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The project will generate 1,080 Average Daily Trips (ADT). This traffic will utilize the following roadways: College Boulevard. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system The impacts from the proposed project are, therefore, less than significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Existing ADT* - LOS Buildout ADT* Rancho Santa Fe Road 15-32 “A-c” 28-43 El Camino Real 2 1-50 “A-c” 32-65 Palomar Airport Road 10-52 “A-B” 29-77 SR 78 120 “F” 144 1-5 183-198 “D 2 19-249 *The numbers are in thousands of daily trips. The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E”, or LOS “F” if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the 111 implementation of the region’s general and community plans. The proposed project is consistent with the general. plan and, therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) “E” standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short- term and at buildout. a) Result in a change in air traffic patierns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project does not include any aviation components. The project is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. b) Substantially increase hazards due to a design feature or incompatible uses? No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City’s general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. * 4 Result in inadequate emergency access? 16 Rev. 07103lQ2 JY No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. d) Result in inadequate parking capacity? No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City’s parking requirements to ensure an adequate parking supply. No impact assessed. e) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The project site includes a bus stop on College Boulevard. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Update of Geotechnical Re~ort. Calavera Hills Village U, Citv of Carlsbad, California, dated October 20, 1999, Geosoils, Inc. 3. Noise Technical Report for Calavera Hills Master Plan Phase I1 Village U. Citv of Carlsbad. California, dated October 12,2001. 17 Rev. 07/03/02 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5305 A RESOLUTION 03 THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 61.6 ACRES INTO A 135 UNIT MULTIFFAMILY LOCATED EAST OF THE FUTURE COLLEGE BOULEVARD, SOUTH OF CARLSBAD VILLAGE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVERA HILL VILLAGE U CASE NO.: CT 0 1-04 WHEREAS, Calavera Hills I1 LLC, “Developer,” and McMillan Communities LLC and Tamarack Properties, Inc., “Owner,” have filed a verified application with the City of Carlsbad regarding property described as APPROVAL OF CAFUSBAD TRACT CT 01-04 TO AIR-SPACE CONDOMINIUM ON PROPERTY GENERALLY A portion for Lot “D” of the Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County Recorder on November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, also being Lot 4 of Carlsbad Tract No. CT 00-02 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “11” dated November 6, 2002, on file in the Planning Department CALAVERA HILLS VILLAGE U - CT 01-04, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of November, 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: A) That the foregoing recitations are true and correct. &?d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL OF CALAVERA HILLS VILLAGE U - CT 01-04, based on the following findings and subject to the following conditions: Findings: 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 multifamily air-space condominium 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 Residential Density - Multiple zoning designation, as called for in the approved Master Plan. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single family development on the General Plan, in that the project site is already bounded by single family development and open space and the remaining side is separated by a major arterial roadway. 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 habitat, in that the project site does not contain any sensitive wildlife, the proposed residential density is within the limits analyzed by the Environmental Impact PC RES0 NO. 5305 -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. 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 frontage with College Boulevard. 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 has 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 November 6,2002 including, but not limited to the following: The proposed density of 7.5 dwelling units per acre is consistent with the existing RMH General Plan designation; The project includes a noise study with recommendations to reduce the traffic noise impacts from College Boulevard to 60 dBA CNEL; The project provides a mixture of three-plex and six-plex multifamily air-space condominiums, contributing to the diversity of housing stock within the City; The project will provide emergency water systems and all-weather access roads throughout construction. 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, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. 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 PC RES0 NO. 5305 -3- a8 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 Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 7. 14. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 15. 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: 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map for this project/map, whichever occurs first. 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. 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. 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 shaIl 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 PC RES0 NO. 5305 -4- a9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. 13. 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 fkom 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 CP 01-02 and is subject to all conditions contained in Planning Commission Resolution No. 5306 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. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. PC RES0 NO. 5305 - 5- 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 B. 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. C. 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 cany 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. D. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions andor 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. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibits “j?” - “H”, dated November 6,2002. PC RES0 NO. 5305 -6- 3/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 19. 20. F. Balconies, trellis anci decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit “E”, dated November 6,2002. 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. This project is. being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. 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 taxesjfees shall be paid at issuance of building permit. If the taxes/fees 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, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Condominium Permit by Resolutions No. 5305 and 5306 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. 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 PC RES0 NO. 5305 -7- 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 27 28 21. 22. 23. 24. 25. 26. 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 #1 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). Developer shall construct, install and stripe not less than 76 parking spaces, as shown on Exhibits “A” - “C”, dated November 6,2002. The Developer shall construct a community trail access parking lot and driveway access at the northerly entrance to the subdivision prior to issuance of building permits, to the satisfaction of the Planning Director and Public Works Director. Engineering: General 27. Prior to hauling dirt or constfiction 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. 28. 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. 29. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other recorded document, for maintaining the private easements within the subdivision and all PC RES0 NO. 5305 -8- 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30. 31. 32. 33. 34. 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 corridors 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 traffic 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 substantia1 completion of the required roadway improvements. A note to this effect shall be included in the Final Map. FeedAnreements 35. 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. 36. 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. 37. 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 and shall: A. Clearly delineate the limits of the drainage course; 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 PC RES0 NO. 5305 -9- 3-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 damage to the underlying and adjacent properties or the creation of a public nuisance. 38. 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 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. 40. 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. Dedications/Improvements 41. 42. 43. 44. Developer shall cause Owner to make an irrevocable offer of dedication to the City andor 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. 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. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 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, water, fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the City Engineer. A. Private Streets "A," "B," and "C." B. Traffic signal at the intersection of College Boulevard and Street "B." C. Modify existing traffic signal at the intersection of College Boulevard and Carlsbad Village Drive to incorporate Street "A." PC RES0 NO. 5305 ,lo- 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 28 45. 46. 47. 48. 49. 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 College Boulevard except at Streets “A” and “B.” 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 SWP, 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 and/or 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. Utility Conditions 50. 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, PC RESONO. 5305 - -1 1- 3’6 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 51. 52. 53. 54. 55. 56. 57. 58. 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 and/or 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 Diego County Water Authoritv capacity charpe(s1 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 59. Developer shall show on Final Map the net developable acres for each parcel. 60. 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 the following: 1. Sewer and Water facilities 2. Traffic signals B. ’ Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. PC RES0 NO. 5305 -12- 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. D. E. 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 corridor 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 owner shall maintain this condition. Fire DeDartment: 61. All buildings shall be equipped with fire sprinklers to the satisfaction of the Fire Marshal. 62. The Developer shall submit for Fire Marshal review and approval a 400 scale mylar showing the location of all proposed fire hydrants. Code Reminders: 63. 64. 65. 66. 67. 68. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 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 PC RES0 NO. 5305 13- 38 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 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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 feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions 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 6th day of November, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, White, and Whitton NOES: None ABSENT: Commissioner SegalI SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5305 -14- 39 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. 5306 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDS ALLOW THE SUBDIVISION AND CONSTRUCTION OF A 135 UNIT MULTIFAMILY AIRSPACE CONDOMINIUM ON PROPERTY GENERALLY LOCATED EAST OF FUTURE COLLEGE BOULEVARD, SOUTH OF CARLSBAD VILLAGE DRIVE IN LOCAL, FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVERA HILLS VILLAGE U CASE NO.: CP 0 1-02 WHEREAS, Calavera Hills I1 LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by McMillan Companies, LLC and Tamarack Properties, Inc., “Owner,” described as APPROVAL OF CONDOMINIUM PERMIT CP 01-02 TO A portion for Lot “D” of the Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County Recorder on November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, also being Lot 4 of Carlsbad Tract No. CT 00-02 (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits “A” - “11” dated November 6, 2002, on file in the Planning Department, CALAVERA HILL VILLAGE U - CP 01-02 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of November, 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 Condominium Permit NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL OF CALAVERA HILLS VILLAGE U - CP 01-02, based on the following findings and subject to the following conditions: Findinm: 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 High Density (RMH) General Plan designation as it has a density of 7.5 dwelling per acre; the project complies with the development standards and design criteria of the Calavera Hills Master Plan and the Residential Density - Multiple zoning designation. That the proposed use at the particular location is necessary and desirable to provide a service or faciiity which will contribute to the long-term general well-being of the neighborhood and the community, in that the project site is designated for multifamily condominiums 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, and all vehicular accessways are a minimum of 34 feet wide. 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 development is contained in the flatter portion of the site and no development within the existing native habitat areas is proposed. 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 multifamily residential product type and density are consistent with the single family residential, multifamily residential, and open space 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. 5036 .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 Conditions: Note: 1. 2. 3. 4. 5. 6. 7. Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map, whichever occurs first. 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 Condominium Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development 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 tg 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 Condominium Permit, (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 01-04 and is subject to all conditions contained in Planning Commission Resolution No. 5305 for that other approval, incorporated herein by reference. The Developer shall submit to the Planning Director a recorded copy of the condominium plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits prior to building permit issuance. PC RES0 NO. 5036 -3- sla 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions 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 6th day of November, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None u SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO~MILL%R Planning Director PC RES0 NO. 5036 -4- ae City of Carlsbad Planning Departme d) EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Application complete date: June 27,2002 P.C. AGENDA OF: November 6,2002 Project Engineer: Frank Jimeno Project Planner: Michael Grim SUBJECT: CT 01-04KP 01-02 - CALAVERA HILLS VILLAGE U - Request for a Negative Declaration, Tentative Tract Map, and Condominium Permit to allow the subdivision and construction of a 135 unit multifamily air-space condominium development within Village U of the Calavera Hills Master Plan, on property generally located on the east side of the hture extension of College Boulevard, south of Carlsbad Village Drive, in Local Facilities Management Zone 7. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5304, RECOMMENDING ADOPTION of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolutions No. 5305 and 5306 RECOMMENDING APPROVAL of Tentative Tract Map CT 01-04 and Condominium Permit CP 01-02, based upon the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposal involves the subdivision and construction of a 135-unit multifamily air-space condominium project within Village U of the Calavera Hills Master Plan. Village U and the future extension of College Boulevard along the project’s western boundary will be graded in accordance with the Calavera Hills Phase TI Master Tentative Map. A Tentative Tract Map is required for the subdivision of property and a Condominium Permit is required to allow an air- space condominium subdivision. The project meets all applicable regulations and staff has no issues with the proposal. 111. PROJECT DESCRIPTION AND BACKGROUND Calavera Hills 11, LLC is requesting approval of a Tentative Tract Map and Condominium Permit to allow the subdivision and construction of a 135-unit multifamily air-space condominium project within Village U of the Calavera Hills Master Plan. The entire Village U site covers 61.6 acres, however a majority of the site is contained in natural open space and includes the dedication of College Boulevard through the Master Tentative Map (CT 00-02). The actual development area totals 17.9 acres. The Village U site was created through the Calavera Hills Phase I1 Master Plan Amendment and Master Tentative Map (CT 00-02). According to the Master Plan, a maximum of 179 attached residential units could be placed on the site. The site will be mass graded in accordance with the Calavera Hills Phase I1 map. Final site grading will be done in accordance with this Village U Tentative Map. Development of the 1 CT 01-04/CP 01-02 - C &ERA HILLS VILLAGE U November 6,2002 Page 2 Village U multifamily condominium units can proceed once the Master Tentative Map has been recorded and the associated grading permit has been issued and implemented. The multifamily condominium site is bounded by the future extension of College Boulevard to the west, the existing single family development known as Capistrano to the north, existing master plan native open space to the east, and the future single family‘development in Village W to the south. The Calavera Hills Village U site is designated Residential Medium High (RMH) in the City’s General Plan, allowing up to 15 dwelling units per developable acre with a Growth Management Control Point of 11.5 dwelling per acre. The proposed density of 7.5 dwelling units per acre lies below the maximum density allowed by the General Plan. 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, except as modified in the Master Plan. The proposed development would consist of 26 residential buildings, private streets and driveways, a centralized common recreation facility, a passive recreational turf area, and 76 surface guest and recreation area parking spaces. The residential buildings would consist of 19 six-plex buildings and 7 three-plex buildings in a motor court style development; all units would include a private two-car garage. The buildings would contain two-stories and measure 34 feet in height to the peak of the roof. The air-space condominium units would range in size from 1,362 square feet to 1,538 square feet and would possess private rear yards. The project architecture would follow a Mediterranean theme with stucco walls and tile roofs, incorporating strong relief and a variety of materials and colors. The total building coverage for the project would be 16 percent (or 2.87 acres). A swimming pool with spa, sun deck, restroom facilities, children’s play equipment, and bocce ball area would be located within the three proposed common recreation areas. The project’s fair share of affordable housing is being provided in Village Y (SDP 01-05), therefore none is included in this project. The proposed development would necessitate approximately 28,800 cubic yards of cut and 28,800 cubic yards of fill subsequent to the mass grading associated with the Calavera Hills Phase I1 Map (CT 00-02) for Village U. The site development would also include several retaining walls, with a maximum height of six feet. The project site would take access off of College Boulevard to the west at two gated locations and would generate 1,080 average daily traffic trips, which can be accommodated by the major arterial roadway (College Boulevard). The project would 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. Due to the project’s proximity to College Boulevard, the master plan requires that a site-specific noise study be conducted. That noise study indicates that noise attenuation walls are needed along the project’s frontage with College Boulevard. These walls would range in size from three (3) feet to eight (8) feet high and would be incorporated into the project design. The Calavera Hills Village U project is subject to the following regulations: A. General Plan; L CT 01-04/CP 01-02 - C &ERA HILLS VILLAGE U 0' November 6,2002 Page 3 B. Calavera Hills Master Plan (MP 150(H)); C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); D. Planned Development Ordinance (Chapter 2 1.45 of the Zoning Ordinance); E. Growth Management Ordinance (Chapter 2 1.90 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 U project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the residential development are the Land Use, Noise, Housing, and Public Safety elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL PLAN COMPLIANCE Element Land Use Noise Use Classification, Goal, Objective or Program Site is designated for medium high density (RMH) residential development. 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. Proposed Use and Compliance Improvements Proposed residential density of below the 15 dwellings per acre 7.5 dwelling units per acre is Yes maximum allowed in the RMH designation. The project includes a noise study Yes with recommendations to reduce exterior traffic noise from College Boulevard to 60 dBA CNEL. CT 01-04/CP 01-02 - C &u HILLS VILLAGE u 0 November 6,2002 Page 4 Element Housing ~ Public Safety Use Classification, Goal, Objective or Program New housing developed with a diversity of types, prices, tenures, densities, and locations to meet the demand of anticipated City growth. Provision of emergency water systems and all-weather access roads. ~~ ~~ ~ Proposed Use and Compliance Improvements The project provides a mixture of multifamily air-space three-plex and six-plex Yes condominium, contributing to the City. diversity of housing within the All necessary water mains, fire Yes hydrants, and appurtenances must be installed prior to occupancy of any unit and all-weather access roads will be maintained throughout construction. Given the above, the Calavera Hills Village U condominium project is consistent with the City’s General Plan. B. Calavera Hills Master Plan The proposed 135 unit air-space condominium project is within Village U 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. TABLE 2 - CALAVERA HILLS MASTER PLAN CONFORMANCE Standard Conformance Proposed Allowed Uses: Maximum of 179 attached residential units. Proposed project is 135 attached multifamily air-space condominium units. Yes Arterial Setbacks: I I Minimum 40 foot setback from College Boulevard. All structures are set back a minimum of 40 feet from the Carlsbad Village Drive right-of-way. Yes Building Setbacks: Motor court developments shall have a building separation of 10 feet provided that the front facade massing is separated by at least 22 feet and setback at least 10 feet. The proposed front facade massing is separated by well over 22 feet and setback a minimum of 10 feet, therefore the building separation of a minimum of 10 feet is acceptable. Yes 47 CT 01-04/CP 01-02 - C HILLS VILLAGE u November 6,2002 Page 5 TABLE 2 - CALAVERA HILLS MASTER PLAN CONFORMANCE Standard Building Height: Maximum of 35 feet to the peak of the roof. Recreation Area: Minimum of 100 square feet per unit of common recreation area (for 135 units, a minimum of 13,500 square feet is required). Design Criteria: A fence/trellis plan shall be approved in conjunction with the condominium permit. A community trail shall be installed along the northerly open space corridor. Bus stop facilities shall be provided near the southerly entrance to Village U. Proposed Proposed structures measure 33.5 feet in height, to the peak of the roof. The proposed common active recreation area would be centrally located and would measure 14,000 square feet in area. A fence/trellis plan is provided on Exhibit “E, dated August 7,2002. Community trail is being installed with the Phase 11 mass grading operations. Bus stop facilities are shown on site plan and developer is conditioned to coordinate final bus stop design and location with North County Transit District (NCTD). Conformance Yes Yes Yes Yes Yes Given the above, the proposed air-space condominium project is consistent with the provisions of the Calavera Hills Master Plan. C. Subdivision Ordinance Since the Calavera Hills Village U project involves a subdivision into air-space 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 U 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 the future storm drain facilities in the southerly extension of College Boulevard. The on-site sewer system would be connected with the future system in College Boulevard. Water distribution would involve looped service from the existing and future lines in College Boulevard. All proposed internal CT 01-04/CP 01-02 - C &ERA HILLS VILLAGE U November 6,2002 Pane 6 circulation would consist of private streets, therefore no dedications of such are necessary. No standards variances are needed to approve the project. Given the above, the proposed subdivision would provide all necessary facilities and improvements without producing land title conflicts, therefore the project is consistent with the Subdivision Ordinance. D. Planned Development Ordinance The Calavera Hills Master Plan states that Village U shall develop in accordance with the Planned Development Ordinance (Chapter 21.45 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 that serves the entire master plan. Therefore, the proposed multifamily condominium 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 For projects over 10 units, 5 spaces for the first 10 units and 1 space per every 4 units above 10 (for 135 units, a minimum of 36 spaces is required). Proposed The project provides 65 guest parking spaces distributed throughout the project site. Minimum of 34 feet wide streets from curb-to-curb with minimum 4.5 foot wide parkways. Private Driveways: Minimum 24 feet wide with no parking permitted in the travel way. I Storage Space: All units must contain a minimum of 480 cubic yards of storage space. : The proposed private streets measure 34 feet curb-to-curb and are adjacent to 4.5 foot wide parkways. The proposed private driveways are represented by the entrances to the motor courts and measure a minimum of 24 feet wide. Each unit has a minimum of 480 cubic yards of storage space. Conformance Yes Yes Yes Yes Given the above, the proposed air-space condominium project is consistent with the applicable portions of the Planned Development Ordinance. CT 01-04/CP 01-02 - C &ERA HILLS VILLAGE U November 6,2002 Pane 7 E. Growth Management Ordinance The Calavera Hills Village U condominium project is subject to the provisions of the Growth Management Program, as contained in Chapter 2 1.90 of the Zoning Ordinance. The proposed project density of 7.5 dwelling units per developable acre is below the Growth Management Control Point of 11.5 dwelling per acre for the Residential Medium High Density (RMH) General Plan designation, Table 4 below details the project's conformance with the requirements of the Growth Management Program. ~~ ~~ ~ -~ ~ TABLE 4 - GROWTH MANAGEMENT COMPLIANCE r-- Standard I Impacts/Standards I Compliance I ~ "~- -~ City Administration 469.35 sq. ft. Yes Library 250.32 sq. ft. Yes Wastewater Treatment Yes PLDA B (41 CFS) Drainage Yes 0.94 acres Parks Yes 135 EDU Circulation 1,080 ADT Yes Fire Station #3 Yes Open Space Satisfied through MP 150(H) Yes Schools Carlsbad Unified Yes Sewer Collection System 135 EDU Yes Water 29,700 GPD Yes The project is 44 units 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 U residential development is consistent with the Zone 7 LFMP. CT 0 1 -04/CP 01 -02 - C &ERA HILLS VILLAGE U 0 November 6,2002 Page 8 V. ENVIRONMENTAL REVIEW The potential environmental impacts associated with the construction of Village U were reviewed through the Environmental Impact Report for the Calavera Hills Phase I1 Master Plan Amendment (EIR 98-02, certified January 15, 2002). Village U was analyzed with up to 135 multifamily condominium units. This environmental document also reviewed the potential environmental impacts associated with the future extension of College Boulevard, which will provide frontage and access to Village U. Since the grading of Village U cannot proceed until the Master Tentative Map has been recorded and the associated grading permit has been issued, the attached environmental analysis deals only with the development of Village U with the proposed multifamily air-space condominium project. The proposed Calavera Hills Village U condominium project, as designed and conditioned, would not create any significant adverse environmental impacts. 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 development prior to, or concurrent with, construction; and will provide noise attenuation walls along the College Boulevard frontage. Given this environmental analysis, the Planning Director issued a Negative Declaration on October 16,2002. No public comments were received during the 20-day public review period. ATTACHMENTS: 1. Planning Commission Resolution No. 5304 (Neg Dec) 2. Planning Commission Resolution No. 5305 (CT) 3. Planning Commission Resolution No. 5306 (CP) 4. Location Map 5. Disclosure Statement 6. Local Facilities Impact Assessment Form 7. Background Data Sheet 8. Exhibits “A” - TI”, dated November 6, 2002. MG:cs:mh DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interesrs on all applications which !vi11 require discretionary action on the parr of the City Council or any appointed Board. Commission or Cornminee. The following information MUST be disclosed at the time of application submittal. Your project cm101 be reviewed until this information is completed. Please print. Not e: Person is defined as “Any individual. firm, co-pamenhip, joint venture, association. social club. fraternal organization, corporation, estate, trust, receiver, spdicate, in this and any other county, city and counr).. city municipalitj, 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 propeq owner mist be provided below. 1. APPLICANT (Not the applicant‘s agent) Provide the COMPLETE. LEGAL names and addresses of && persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names. title, addresses of all individuals ownins more than 10% of the shares. IF NO APPLICABLE (WA) IN THE SPACE BELOW. If a publiclv-owned corporation. include the names, titles. and addresses of the corporate officers. (A separate paze may be attached if necessa Person a California limited Corp/Part Title Title Address N- citv . CA 9 1950 Address . INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- ?!$laVera Hills 11, LLC, liability company 2727 Hoover Avenue 7 &. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership. tenants in common, non-profit. corporation, etc.). If the ownership includes. a corporation or partnershiu, 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 corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be anached if necessary.) Person McMi!lin CoyF’anfes, .. LLc /Part . Tamarack Pro erties, Inc. Title company Title c/o Rrnnkfield HQDJPS Address Natinnal ritv. (’A 91950 Address ne Mar. (A 9 ~II 4 UeLawaLe LUUL LW Lkabili!? a CaliforniaPcorporation 2727 Hoover Avenue 12765 Poiqte gef Mar, Ste. 2OU 2075 Las Palmas Dr. Carlsbad. CA 92009-1 576 (760) 438-1161 FAX (760) 438-0894 % 4. NON-PROFIT 0-ZATION OR TRUST 0 If any person identified pursuant to (I) or (2) above is a nonorofit organization Or a trUSf. names and addresses of ANY person serving as officer or director of the non organization or as trustee or beneficiv of the. list the -profit Non ProfitlTmst N/A Non Profitcrust Title Title Address Address Have you had more than $250 worth of business transacted with any member of Cit?. staff. Boards. Commissions. Committees and/or Council within the past rwelve ( 12) months? 0 Yes HNo If yes. please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledse. 1. 1 h gnature of own#ldate Signature of applica&date F 7 Print or type name of owner ~~ ~ Signature of owner/applicant's agent if applicable/date J*" t/C;r/7z&FLC Print or type name of applicant Print or type name of owner/applicant's agent , 'H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 .. Page 2 of 2 53 CITY OF CARLSBAD 0 GROWTH MANAGEMENT PROGRAM LOCAL, FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Calavera Hills Village U - CT 01-04/CP 01-02 LOCAL FACILITY MANAGEMENT ZONE: 2 GENERAL PLAN: RMH ZONING: P-C DEVELOPER’S NAME: Calavera Hills 11, LLC ADDRESS: 2727 Hoover Ave, National Citv, CA PHONE NO.: 619-336-3138 ASSESSOR’S PARCEL NO.: 168-040-29,168-041-11 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 135 units ESTIMATED COMPLETION DATE: January 2004 A. B., C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Identify Drainage Basin = Circulation: Demand in ADT = Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: Student demand: Elementary = 13; Middle = 6; High = 7 Sewer: Demands in EDU Water: Demand in GPD = 469.35 250.32 135 EDU 0.94 PLDA B 1.080 #3 Satisfied through MP 150(H) Carlsbad Unified 135 29,700 The project is 44 units below the Growth Management Dwelling unit allowance. BACKGROUND DATA SHEET e CASE NO: CT 0 1 -04/CP 0 1-02 CASE NAME: Calavera Hills Village U APPLICANT: Calavera Hills 11, LLC REQUEST AND LOCATION: Tentative Tract Map. and Condominium Permit to allow the subdivision and construction of a 135 unit multifamily air-space condominium development within Village U of the Calavera Hills Master Plan, on property Penerallv located at the east of the hture extension of College Boulevard, south of Carlsbad Village Drive LEGAL DESCRIPTION: A portion for Lot “D” of the Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County Recorder on November 16, 1896, in the City of Carlsbad, County of San Diego, State of California APN: 168-040-29.168-041-11 Acres: 61.6 Proposed No. of Lots/Units: 135 GENERAL PLAN AND ZONING Land Use Designation: RMH Density Allowed: UD to 1 1.5 ddac Density Proposed: 7.5 du/ac Existing Zone: P-C Proposed Zone: P-C Surrounding Zoning, General Plan and Land Use: Zoning Site P-c North P-C General Plan RMH os Current Land Use Vacant Open Space South P-C RH ~~~ Vacant East P-c os Open Space West P-C RM Single family residential PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 135 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued 10/16/02 0 Certified Environmental Impact Report, dated [I] Other, Planning Commission Minutes November 6,2002 DRAFTNmT 5. CT 01-04/CP 01-02 - CALAVERA HILLS VILLAGE U - Request for approval of a Negative Declaration, Tentative Tract Map, and Condominium Permit to allow the subdivision and construction of a 135 unit multifamily air space condominium development with Village U of the Calavera Hills Master Plan, on property generally located on the east side of the future extension of College Boulevard, south of Carlsbad Village Drive, in Local Facilities Management Zone 7. Mr. Wayne introduced Item #5 and stated that the presentation would be made by Michael Grim, assisted by Bob Wojcik. The Commission’s action is not final and the item would be forwarded to the City Council. Chairperson Trigas opened the public hearing. Michael Grim, Senior Planner, stated that Village U is the last remaining multi-family area within Calavera Hills Phase II. Village U is located southeast of the current intersection of Carlsbad Village Drive and College and will take frontage and access along the future southern extension of College Boulevard. Mr. Grim said that the actual planning area, its land use, the total amount of units provided and its developable area were established in the Calavera Hills Master Plan Phase II, so the actual design of the subdivision and the architecture were the only items before the Commission. The site is over 61 acres and over 41 acres will be permanent open space and will include one of the community trails that winds through the Master Plan. 135 units ranging in size from 1,350 to 1,550 square feet will be arranged in three-plex and six-plex buildings in a motor court style development similar to what was approved for Village E-1 . The architecture of the 2-story buildings is Mediterranean style with a lot of articulation and it complies with all the Master Plan standards. The project includes more than ample surface guest parking, a centralized common recreation area, and a passive turf area. Mr. Grim stated that Staff found the project to be consistent with the General Plan, the Calavera Hills Master Plan, the Zone 7 Local Facilities Management Plan, the applicable portions of the Zoning Ordinance, the Growth Management Ordinance, and the California Environmental Quality Act and therefore recommends approval. Commissioner Heineman wanted to know if the square footage included the garage area. Mr. Grim replied that the square footage is the actual unit size. Commissioner Baker asked if one of the units is a %story. Mr. Grim replied that there is a 3rd story and pointed it out. Commissioner Baker asked if two different units use the same double garage. Mr. Grim replied that one unit has two one-car garages. Commissioner Baker asked if the storage is for things other than the car. Mr. Grim replied that the storage areas are for other things and they are elevated enough for a car to get beneath them so they do not impede in the footprint for the car. He said they do not allow use of any of the floor area of a 12x20 or 40x40 garage for the storage area because that‘s considered all car area. Brian Milich, Corky McMillin Companies, 2727 Hoover Avenue, National City 91950, thanked Mike Grim and Frank Jimeno for their work and effort on the project. He clarified that each unit has two covered parking spaces. Each unit has a one-car garage, but has two covered parking spaces and direct access to both of those covered parking spaces. He said the project exceeds the requirements for recreational facilities and they are well below the density that was allowed under the approved master plan. 179 units were authorized and they’re proposing 135 units. Mr. Milich said they worked extensively with Staff through the master plan process on the design, the shape of the pad for the project, all of the issues relative to the open space, and the architectural criteria that were established under the master plan. Commissioner Baker asked what price range he anticipates the units would sell for. Mr. Milich replied they would probably be on the market sometime by the end of next year and would probably start in the high $200,000 to low $300,000 range. Chairperson Trigas closed public testimony. MOTION ACTION: Motion by Commissioner Baker and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5304, recommending adoption of the Negative Declaration issued by the Planning Director and adopt 56 Planning Commission Minutes November 6,2002 Page 5 Planning Commission Resolutions No. 5305 and 5306 recommending approval of Tentative Tract Map CT 01-04 and Condominium Permit CP 01-02, based upon the findings and subject to the conditions contained therein. VOTE: 6-0-0 AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, White, and Whitton NOES: None ABSTAIN: None PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Fmmedy knou.n as the Blade-Citizen acd The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOVERBER 27,2002 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California this 27 TH day of NOVERBER, 2002 This space is for the County Clerk's Filing Stamp Proof of Publication of A rion.for Lot "D of the &cho A aHedionda accordin to Map No. 3Efiled m the Office of the Coun Eorder on Ndvember 1$1896, m the 36 of Carlsbad, County of San Divzo. State of Callforma nose rsons wishing io spk on this prrd are cordially invited to attendge public heanng. oples of the s f report will be available on.and after December 13 2002 If you have an ueshons, please call We Gnm m he Planning Depirtmeit at (760) 6024& ne time within which you ma judicially challen e this Negative Declaration rentative Tract Map and/or C&dominium Perms, if approved, isestablishec 3y state law and/or city xdinance and is ver short. If bu challenle the Negazve Dedarahon, rentabve Tract Map and/or Condominlum Permit in court ou ma tw limited d'raising 3.5 those issues you or someone else raised at the public hearing , described in this nohce Dr in written correspondence delivered to the City of Carlsbad Attw City Clerk's &ice i2m Carlsbad Villi e Drive, Carlsbad CAh00S at or prior tb the pub& 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, [DATE], to consider a request for a Negative Declaration, Tentative Tract Map, and Condominium Permit to allow the subdivision and construction of a 135 unit multifamily air-space condominium development within Village U of the Calavera Hills Master Plan, on property generally located on the east side of the future extension of College Boulevard, south of Carlsbad Village Drive, in Local Facilities Management Zone 7 and more particularly described as: A portion for Lot “D” of the Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County Recorder on November 16, 1896, 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 Mike Grim in the Planning Department at (760) 602-4623. ’ The time within which you may judicially challenge this Tentative Tract Map and Condominium Permit, if approved, is established by date law andlor city ordinance, and is very short. If you challenge the Tentative Tract Map and Condominium 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 -04ICP 01 -02 CASE NAME: CALAVERA HILLS VILLAGE U PUBLISH: [DATE] CITY OF CARLSBAD CITY COUNCIL 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, December 17, 2002 to consider a request for a Negative Declaration, Tentative Tract Map, and Condominium Permit to allow the subdivision and construction of a 135 unit multifamily air-space condominium development within Village U of the Calavera Hills Master Plan, on property generally located on the east side of the future extension of College Boulevard, south of Carlsbad Village Drive, in Local Facilities Management Zone 7 and more particularly described as: A portion for Lot "D of the Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County Recorder on November 16, 1896, 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 December 13, 2002. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. The time within which you may judicially challenge this Negative Declaration, Tentative Tract Map and/or Condominium Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Negative Declaration, Tentative Tract Map and/or Condominium 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, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 01 -041CP '01 -02 CASE NAME: CALAVERA HILLS VILLAGE U .y PUBLISH: WEDNESDAY, NOVEMBER 27,2002 CITY OF CARLSBAD CITY COUNCIL t' CALAVERA HILLS VILLAGE U CT 01=04/CP 01-02 Smooth Feed SheetsfM Use template for 5160@ CARLSBAD UNlF SCHOOL DlST 801 PINE AVE CARLSBAD CA 92008 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD PUBLIC WORKSlCOMMUNlTY SERVICES CITY OF CARLSBAD PROJECT PLANNER MICHAEL GRIM 11 I1 912002 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS SA. 92024 A 92069-2949 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 91 50 CHESAPEAKE DR SAN DIEGO CA 92123 CITY OF CARLSBAD PUBLIC WORKSlENGlNEERlNG DEPT ~~ ~~ aAMRY@ Address Labels CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. 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A & LINK AU 3809 SHALE CT 3813 SHALE CT 3823 CROWNPOINT CT CARLSBAD CA 92008-5501 CARLSBAD CA 92008-5501 CARLSBAD CA 92008-5500 TIN T & IVIAN TRIEU MICHEAL & LAUREN CONRAD SAMUEL K AFOLAYAN 3819 CROWNPOINT CT 3815 CROWNPOINT CT 3811 CROWNPOINT CT CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 BRETT H POLLOCK RAYMOND H DREIFUSS PENG & WU ZHU 3807 CROWNPOINT CT 3808 CROWNPOINT CT 3812 CROWNPOINT CT CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 GEOFFREY M & JULIE LESS KEVIN J HACKETT KENNETH C KENDRICK 3816 CROWNPOINT CT 3820 CROWNPOINT CT 3824 CROWNPOINT CT CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 CALAVERA HILLS MASTER A DEVIN B CARNEY 2727 HOOVER AVE 3804 CROWNPOINT CT NATIONAL CITY 91950-6625 CITY 91950-6625 CARLSBAD CA 92008-5500 CYPRESS VALLE / CARL SARRAZOLLA JAMES W & SANDRA LEE GF1950-6625 2727 HOO 3803 CROWNPOINT CT 3800 CROWNPOINT CT CARLSBAD CA 92008-5500 CARLSBAD CA 92008-5500 MICHAEL A VALVERDE BRIAN & DON PETERSON JAMES Y SHISHIDO 3729 STRATA DR 3736 STRATA DR 3740 STRATA DR CARLSBAD CA 92008-5504 CARLSBAD CA 92008-5503 CARLSBAD CA 92008-5503 PAUL & TERI FAPPAPORT PHILLIP J VOGEL BASSAM C ABISAMRA 3739 CAVERN PL 3735 CAVERN PL 3745 SADDLE DR CARLSBAD CA 92008-6586 CARLSBAD CA 92008-6586 CARLSBAD CA 92008-6576 KEVIN R & SHARNA SKJEI BARRY & DEBORAH WHITTLE DANIEL R CANCELLER1 3741 SADDLE DR 3737 SADDLE DR 3718 SADDLE DR CARLSBAD CA 92008-6575 CARLSBAD CA 92008-6575 CARLSBAD CA 92008-6574 RANDY & DOREEN BERGERON ATUL C & SMIRA PATEL MONTE L & LUISA BIBLE- 3722 SADDLE DR 3726 SADDLE DR 3 734 SADDLE DR CARLSBAD CA 92008-6574 CARLSBAD CA 92008-6574 CARLSBAD CA 92008-6574 SEAN M PIROUZFAR GERALD W FLECK PIJUSIN K DEWANJEE 3738 SADDLE DR 3742 SADDLE DR 3746 SADDLE DR CARLSBAD CA 92008-6574 CARLSBAD CA 92008-6574 CARLSBAD CA 92008-6574 RICHARD E BISHOP LUIS F CAMOLAS ABDOLHAMID KARIMI 3750 SADDLE DR 3754 SADDLE DR 3758 SADDLE DR CARLSBAD CA 92008-6574 CARLSBAD CA 92008-6574 CARLSBAD CA 92008-6574 THOMAS M & MARY AYKROID JACK A & JOY GORZMAN PIERRE R & JODI BRETON 3762 SADDLE DR 3766 SADDLE DR 3763 SADDLE DR CARLSBAD CA 92008-6574 CARLSBAD CA 92008-6574 CARLSBAD CA 92008-6576 GARY & CAROL RAMOS JOSE M & ANGELA DUENES RICHARD C PYLE 3 759 SADDLE DR 3755 SADDLE DR 3751 SADDLE DR CARLSBAD CA 92008-6576 CARLSBAD CA 92008-6576 CARLSBAD CA 92008-6576 MARVIN K JOHNSON MICHAEL B & KAREN KLEIN ANITA W MINARD 3747 SADDLE DR 3732 CAVERN PL 3736 CAVERN PL CARLSBAD CA 92008-6576 CARLSBAD CA 92008-6585 CARLSBAD CA 92008-6585 LAWRENCE N BALICH ANTHONY J GULLOTTA MITCHELL R MILLER 3740 CAVERN PL 3744 CAVERN PL 3748 CAVERN PL CARLSBAD CA 92008-6585 CARLSBAD CA 92008-6585 CARLSBAD CA 92008-6585 WILLIAM J SCHILDGE ALAN & ANNETTE CROSS DENNIS 0 SHAY 3752 CAVERN PL 3756 CAVERN PL 3760 CAVERN PL CARLSBAD CA 92008-6585 CARLSBAD CA 92008-6585 CARLSBAD CA 92008-6585 TR VANPESKI MARIO A CARZO BRIAN J STRINGFELLOW 3764 CAVERN PL 3761 CAVERN PL 3757 CAVERN PL CARLSBAD CA 92008-6585 CARLSBAD CA 92008-6587 CARLSBAD CA 92008-6587 MIKE & JOANN BOURS WILLIAM T SCHMITZ KEITH G HENDRICKSON 3753 CAVERN PL 3749 CAVERN PL 3745 CAVERN PL CARLSBAD CA 92008-6587 CARLSBAD CA 92008-6587 CARLSBAD CA 92008-6587 DEREK N GASCON 3741 CAVERN PL CARLSBAD CA 92008-6586 STER A ADOLPH J & MARY KUHN RICHARD D GLOGER 3702 SADDLE DR 3706 SADDLE DR CARLSBAD CA 92008-6574 CARLSBAD CA 92008-6574 DENNY K & CYNTHIA KING 3710 SADDLE DR CARLSBAD CA 92008-6574 *** 95 Printed ***