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HomeMy WebLinkAbout1997-07-10; Housing Commission; MinutesMinutes of: HOUSING COMMISSION Time of Meeting: 6:OO P.M. Date of Meeting: Place of Meeting: CALL TO ORDER: Chairperson Schlehuber called the Regular Meeting to order at 6:07 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Walker. ROLL CALL: Present: Chairperson Schlehuber, Commissioners, Escobedo, Latas, Noble, Rose, Scarpelli, Walker, and Wellman JULY 10, 1997 CITY COUNCIL CHAMBERS Absent: Commissioner Calverley Staff Present: Evan Becker, Housing and Redevelopment Director Craig Ruiz, Management Analyst Bobbi Nunn, Housing Program Manager Elaine Blackburn, Project Planner APPROVAL OF MINUTES: ACTION: Motion by Commissioner Rose, and duly seconL-d, to approve the Minutes of the Regular Meeting of May 8, 1997, with the following corrections: in the third paragraph on page 3, the annual operating costs should read “$200,000” instead of $100,000; and “$800,000 in operating costs in four years”, not eight years. Escobedo, Latas, Noble, Rose, Scarpelli, Schlehuber, Walker, Wellman VOTE: 8-0-0 AYES: NOES: None ABSTAIN: None COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. NEW BUSINESS: 1. PACIFIC VIEW ESTATES - Application to satisfy Inclusionary Housing requirement with four (4) second dwelling units. Evan Becker stated that Staff had not intended to have this project on the Housing Commission agenda because of the size of the project. The interpretation of the City Attorney is that a project of any size involving affordable units needs to come to the Housing Commission. Staff had been adhering to the 50-unit threshold for total project size because that is the rule that governs whether the Council is going to be considering a project. After reviewing the Housing Commission Ordinances more carefully, the City Attorney deemed that the Housing Commission consider even these small projects. Mr. Becker reviewed the background of the request and stated that Pacific View Estates is one of two small projects that will be presented to the Housing Commission tonight. Mr. Becker said that the four lots with second dwelling units will be distributed pretty evenly through the project. As required by the City’s Planning Department, a Site Development Plan is processed which identifies the specific lots on which the dwellings can be located, and they are HOUSING COMMISSION MINUTES July 10, 1997 Page 2 identified in the Condition of Approval for the project. The second dwelling units have to be located on those four lots that are designated. Mr. Becker described the second dwelling units as one bedroom units, 421 square feet in size; and added that an interesting feature of the units is that they are first floor units, making them attractive for seniors and non-ambulatory persons. They also include an attached garage, washeddryer, and full-size kitchen. As part of the Second Dwelling Unit Ordinance and part of the Housing Commission’s Guidelines, the units meet the maximum rental requirement of 80 percent of median income. Staff recommends the Commission’s support of this project because it is consistent with the Commission’s Second Dwelling Unit Guidelines. In addition, Staff feels that the first floor access and the size of the one bedroom units surpasses the Guidelines and offers a very good product. Mr. Becker also stated that the second dwelling units are a good choice for this project because they are the only opportunity the project has in this quadrant to satisfy its affordable requirement. In keeping with the Commission’s Guidelines and the Second Dwelling Unit Ordinance, Staff will be restricting the units with Administrative Permits recorded against the property. In addition, Affordable Housing Agreements will designate the lots that will have the second dwelling units and will restate the key provisions of the affordability requirements of the property. In addition, the City Attorney recommends an actual deed restriction that simply indicates that this is subject to the Second Dwelling Unit Ordinance requirements; and restate the affordability provision that if the unit is rented, it has to be rented at a rent that is affordable to an individual or a household at 80 percent of median income. Chairman Schlehuber asked if there were questions of Staff. Commissioner Walker asked for clarification of the terms of affordability. In the application, the developer said the terms would be 30 years or life; however, the Staff report states 55 years minimum. Mr. Becker explained that it should read “the useful life of the unit,” which is interpreted to be 55 years. In reality, any unit that gets the second dwelling unit permit is there forever. Mr. Becker stated that the words “30 years” should be changed to “55 years,” and added that this was simply an oversight on Staffs part. Commissioner Noble commented about school district fees. Mr. Becker responded that the developer is required to make their deal with the school district. Staff does not get into a condition or anything in the agreement that deals with the school fees. There was some discussion regarding the livability of the units, the elevation, their dimensions, Le., size of bedroom, amount of closet space, etc., and sound-proof flooring. Commissioner Noble commented that when this came before the Planning Commission, he asked if the project met the recommended standards set forth by the Housing Commission, and the answer was “yes.” There was some discussion about how Wintergreen Drive was going to be connected to B Street. Commissioner Wellman asked about the phasing of the project. Mr. Becker responded that this is a one-phase project, and the construction of the second dwelling units will depend primarily on who comes forward from the marketplace and wants one of these units. Staff is building into the Affordable Housing Agreements a statement that underscores that these will be built concurrent with the market units, HOUSING COMMISSION MINUTES July 10, 1997 Page 3 so that if it gets to the point where for some reason 25 market units have been built, and the second dwelling units have not been built, Staff will have leverage in that agreement to take some action and restrict market permits. Commissioner Wellman asked if the developer could build a fifth second dwelling unit instead of buying a fractional share. Mr. Becker responded that according to the Ordinance, the developer has the option of either building a whole unit or paying a fraction; however, the developer has a constraint in terms of how many of the product type and lots that can accommodate the second dwelling units. Commissioner Wellman asked if the Resolution could indicate the specific lots that the Housing Commission is approving for affordable housing. Mr. Becker responded that yes, it could. Commissioner Scarpelli asked if the developer could buy into Villa Loma. Mr. Becker responded that the project is not in an allowable quadrant. The fmt option would be constructing units on site in an integrated fashion. The next option would be on-site, with a dedicated component of the overall project, i.e., like the Sambi project with a dedicated parcel for an affordable project. The next option includes off-site alternatives, which would be to get units constructed with a combined project under the Ordinance, meaning there is participation off-site in another project where units are getting built, e.g., the Laurel Tree model. If these options are not possible, second dwelling units are considered. If for some reason this doesn’t work, Staff looks at some other more creative alternatives or actually considers applying the part of the Ordinance that says the City can accept a donation of land or something like that that gets us further away from actually having affordable housing. More and more, a typical project in Carlsbad is a subdivision similar to this one, with projects that are basically what Carlsbad wants to be-- single-family, 2,000-square foot detached homes costing $250,000 to $300,000. Integration is really out of the question frankly. You just don’t do one out of six of those as an affordable unit. Economically the number of units for this project is so low that setting up a separate on-site affordable project like Sambi becomes very difficult. Commissioner Scarpelli asked about a situation where Staff builds a bank of affordable units and turns it over to a non- profit to rehabilitate an existing project. Mr. Becker responded that this is the in-lieu fee concept where the City takes the in-lieu fees and tries to do another project with it. If Staff had the opportunity to put the money directly into creating affordable units or preserving them, like Laurel Tree, Staff would recommend it. The difficulty is, if you don’t have the immediate opportunity to have the money go in, in effect, it’s an in-lieu fee going to the trust fund; and then you’re chasing some other project opportunity, and you begin to accumulate funds, and still have the problem of finding other project opportunities. Mr. Becker added that second dwelling units, in the minds of some, have fallen out of favor, and even with the Housing Commission Guidelines, Staff will probably be much more reluctant to bring these (second dwelling units) forward without looking at those other kinds of options. Chairperson Schlehuber opened the public testimony and issued the invitation to speak. Mr. Don Jack, representative of the developer, Pacific View Ltd., P.O. Box 2198, Carlsbad, CA, introduced himself and asked if he could answer any questions. Commissioner Wellman asked about the dimensions of the second dwelling units and asked to see the elevation of the units and the floor plan of the second floor. HOUSING COMMISSION MINUTES July 10, 1997 Page 4 Mr. Jack responded that he did not have the dimensions with him. He stated that the entry walls for the second dwelling units are 21 feet by 27 feet. Mr. Jack showed the Commissioners the plans for both the main dwellings and the second dwelling units, indicating that each second dwelling unit is underneath the laundry and part of the teen bedroom and part of the master bedroom suite. In response to the sound-proof flooring issue, Mr. Jack responded that the standard flooring is a pressed wood with TGI Goists like an I-frame construction), which is the best one can buy. Mr. Jack added that he thinks this is the most superior plan the City has received yet and that they had to go through seven different redesigns to make this a quality product instead of just trying to meet the Guidelines. Mr. Jack added that the second dwelling units have their own full-size laundry facilities instead of a kitchenette-type of laundry facility. In addition, the garage storage has been beefed up. Regarding the elevation issued, Mr. Jack responded that the elevations had already been submitted to the City. Since the project had meet all of the conditions, it was assumed that it would have no problem whatsoever being approved; so the developer did not submit a detailed elevation drawing to the Housing Commission. Mr. Jack showed the Commissioners the site elevations he had with him. He mentioned that the units will have a gated entry and said the bedrooms are full size 14 x 11; the living room is 11 x 11; the kitchen is 101 x 1 1 ; ceilings are 9 feet; full-size bathrooms; storage in the garage; and a one-car garage for the second dwelling units and a two-car garage for the main units. Mr. Jack stated that it was very difficult to design these units because they had to widen the design of the structures to place the second dwelling units on the first floor. Because of the deep lots, the developer was able to build these quality units. Commissioner Scarpelli asked about the garden area being fenced off. Mr. Jack said the yard will be fenced off with enough area to grow a small garden. There is a minimum of five feet, with roughly an eight-foot side yard depth; and because of the hillside, there are slopes to grow on. There being no other persons desiring to address the Commission on this topic, Chairperson Schlehuber declared the public testimony closed and opened the item for discussion among the Commission members. ACTION: Motion by Commissioner Scarpelli, and duly seconded, to adopt Resolution No. 97-007, approving a finding that the second dwelling units proposed for the Pacific View Estates housing project to satisfy the Inclusionary Housing requirements of the City of Carlsbad are consistent with the Housing Commission Guidelines on Second Dwelling Units, approved May 8, 1997. Escobedo, Latas, Noble, Rose, Scarpelli, Schlehuber, Walker, Wellman VOTE: 8-0-0 AYES: NOES: None ABSTAIN: None 2. HOUSING ELEMENT REVISIONS - Information staff report on modifications/revisions to Housing Element reporting requirements. ACTION: Motion by Commissioner Scarpelli, and duly seconded, to move the Housing Element Revisions to the Special Meeting. Escobedo, Latas, Noble, Rose, Scarpelli, Schlehuber, Walker, Wellman VOTE: 8-0-0 AYES: NOES: None ABSTAIN: None HOUSING COMMISSION MINUTES July 10, 1997 Page 5 ADJOURNMENT: By proper motion, the Regular meeting of July 10, 1997, was adjourned at 7:OO p.m. Respectfully submitted, n EVANBECKER Housing and Redevelopment Director KATHY VAN PELT Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. The City of Carfsbad Housing & Redevelopment Department A REPORT TO THE HOUSING COMMISSION Stafl Debbie Fountain Senior Management Analyst DATE: JULY 10,1997 SUBJECT: PACIFIC VIEW ESTATES - APPLICATION TO SATISFY INCLUSIONARY HOUSING REQUIREMENT WITH FOUR (4) SECOND DWELLING UNITS. I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 97-007, APPROVING a finding that the second dwelling units proposed for the Pacific View Estates housing project to satisfy the Jnclusionary Housing requirements of the City of Carlsbad are consistent with the Housing Commission Guidelines on Second Dwelling Units, approved May 8, 1997. 11. PROJECT BACKGROUND On June 18, 1997, the Planning Commission approved the Site Development Plan (SDP 96-04) for the Pacific View Estates Project which includes the construction of a total of four (4) second dwelling units to satisfy the developer’s Inclusionary Housing Requirement. The project was approved with a condition that the developer submit an application to the Housing Commission to ensure that the four (4) second dwelling units are consistent with the Commission’s Guidelines on Second Dwelling Units. The processing details for this project are discussed further below. Until directed otherwise by the City Council, a determination has been made that all housing projects, regardless of size, which include an affordable housing component, must be reviewed and acted upon by the Housing Commission prior to Planning Commission consideration of the project. This determination came in response to the Council action on the Emerald Ridge West appeal filed in response to the Housing Commission disapproval of the revised second dwelling units for that project. Initially, the Pacific View Estates project was reviewed by staff for compliance with the new Housing Commission Second Dwelling Unit Guidelines, and determined to be in compliance with the guidelines. However, the project was not reviewed by the Housing Commission prior to Planning Commission action because previous procedures did not require that projects of less than 50 units be reviewed by the Housing Commission. 4 - Pacific View Estates July 10, 1997 PAGE 2 The Pacific View Estates project was first heard by the Planning Commission 21, 1997 and was continued to June 18, 1997. Based on the determination on May that the Housing Commission should now review all affordable housing projects, regardless of size, staff discussed continuing the public hearing before the Planning Commission until action could be taken by the Housing Commission to find that the project is consist& with the Commission’s approved guidelines for the use of second dwelling units. However, because the project is subject to a processing time deadline under the Streamlining Act which requires action to be taken by July 10, 1997, it was determined that the Planning Commission should move ahead to take action on the project on June 18, 1997, with a condition that the applicant apply for and obtain a finding from the Housing Commission that the proposed second dwelling units (4 total) are consistent with the Commission’s guidelines on second dwelling units. 111. AFFORDABLE PROJECT DESCRIPTION The affordable housing project as well as the larger market-rate housing project are described in further detail within the attached Planning Commission Staff Report, dated June 18, 1997 and the Housing Commission Affordable Housing Review application, submitted by the applicant (Pacific View Ltd) and dated June 23, 1997. IV. FINANCIAL At this time the developer has not requested financial assistance with respect to the affordable housing proposal. V. SUMMARY Staff has determined that the proposed second dwelling units are the best method for the applicant to meet the inclusionary housing requirement and are consistent with the recently approved Housing Commission Guidelines on Second Dwelling Units. Therefore, staff is recommending approval of the Housing Commission finding that the proposed project is consistent with the Commission’s guidelines on the use of second dwelling units to meet the Inclusionary Housing requirements of the City of Carlsbad. As required by the Inclusionary Housing Ordinance, the developer and the City must enter into an Affordable Housing Agreement prior to the project finalizing its map. An Affordable Housing Agreement records specific requirements of the Inclusionary Ordinance, including unit type, affordability levels and construction timing. VI. EXHIBITS 1. Housing Commission Resolution No. 97-007. 2. Housing Commission Review Application, dated June 23 , 1997 3. Staff Report to Planning Commission, dated June 18, 1997. df 7/97 1 2 3 4 5 6 .? a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING COMMISSION RESOLUTION NO. 97-007 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA TO SECOND DWELLING UNITS AFFORDABLE TO LOW INCOME HOUSEHOLDS WITHIN THE PACIFIC VIEW ESTATES PROJECT IS CONSISTENT WITH THE HOUSING COMMISSION GUIDELINES ON THE USE OF SECOND DWELLING UNITS TO MEET THE REQUIREMENTS OF THE INCLUSIONARY HOUSING ORDINANCE. APPLICANT: PACIFIC VIEW LTD. FIND THAT THE DEVELOPMENT OF FOUR (4) - CASE NO. CT 96-03IPUD 96-03/HDP 96-03/SDP 96-04 WHEREAS, an application for an Affordable Housing Project known as the Pacific View Estates Second Dwelling Units as been submitted to the City of Carlsbad' s Housing Commission for review and consideration; WHEREAS, said Housing Commission did, on the 10th day of July, 1997, hold a public meeting to consider said application for the Pacific View Estates affordable housing project; and WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Commission considered all factors relating to the application. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. .... .... .... .... .... 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 HC Resolution No. 97-007 Page 2 2. That based on the information provided within the Planning Commission Staff Report and approving resolutions dated June 18, 1997 and testimozy presented during the public meeting of the Housing Commission on July 10, 1997, the Commission finds that the proposed affordable housing project is consistent with Housing Commission Guidelines on Second Dwelling Units, approved May 8, 1997. FINDINGS: 1. The project is consistent with the goals and objectives of the City of Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy, the Inclusionary Housing Ordinance, the Density Bonus Ordinance, the Carlsbad General Plan, the Planned Development Ordinance and the Hillside Development Ordinance. 2. The project will provide a total of four (4) second dwelling units (1 bedroom) affordable for rent to households at 80% or below of the county median which meets a "medium priority" affordable housing need as outlined within the City of Carlsbad's approved 1995-2000 Consolidated Plan. The project, therefore, has the ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan. 3. The proposed Second Dwelling Units are consistent with the Housing Commission Guidelines on Second Dwelling Units used to meet the requirements of the Inclusionary Housing Ordinance, which were approved by the Housing Commission on May 8, 1997, based on the following features: a) The proposed second dwelling units shall be 421 square feet in size which meets the recommended Housing Commission policy on unit size. The units are no smaller than 400 square feet and no larger than 640 square feet. b) Each second dwelling unit is consistent with the applicable design guidelines for these type of units and are independent from the main home and separated by a sound-proof demising wall. c) The second dwelling units shall be affordable to households at 80% or less of the San Diego County Median. d) The second dwelling units shall be rented according to the Second Dwelling Unit Ordinance. 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 HC Resolution No. 97-007 Page 3 e) The related market-rate housing project is less than 100 units, which means that the project may meet 100% of its affordable housing obligation through the construction of second dwelling units. The project requirement for affordable housing purposes is 4 units and the applicant shall provide 4 units through construction of second dwelling units. - f) The subject project shall be restricted according to the Second Dwelling Unit Ordinance and recordation of the related Affordable Housing Agreement against the property. CONDITIONS: 1. 2. 3. 4. 5. .... .... The Housing Commission has made its consistency finding for the subject project (Pacific View Estates) based on the second dwelling units shown on Site Development Plan 96-04, incorporated by reference and on file in the Housing and Redevelopment and Planning Departments. Development of the second dwelling units shall occur substantially as shown, unless otherwise noted in the conditions of project approval by the Planning Commission. The Housing Commission's consistency finding as related to SDP 96-04 is made subject to the condition that the applicant submit an acceptable schedule for construction of the required ratio of income restricted units for inclusion in the final Affordable Housing Agreement to be approved prior to Final Map. The schedule shall indicate acceptable construction phasing for the affordable units in relation to the construction of the market rate units. The applicant shall maintain rents at the allowable affordable rate (based on household size) for low income households with incomes equal to 80% or below of the county median upon lease up of units and continuing for the full period of affordability . The affordable housing units must be deed restricted for "the useful life of the project" which means a minimum of 55 years. Prior to final map approval, the applicant shall enter into an Affordable Housing Agreement with the City of Carlsbad. The agreement shall be recorded against the property and shall be binding to all future owners and successors in interest. The Affordable Housing Agreement shall include all terms and conditions of said project approval and outline the incentives (financial or other), if any, to be provided by the City of Carlsbad. 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 HC Resolution No. 97-007 Page 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the c Housing Commission of the City of Carlsbad, California, held on the 10th day of July, 1997, by the following vote, to wit: ATTEST: AYES: NOES: ABSENT: ABSTAIN: MICHAEL SCHLEHUBER Chairperson Housing Commission EVAN BECKER, Housing and Redevelopment Director A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619) 720-9785 Telephone: (619) 720-9785 June 23, 1997 - Mr. Evan Becker, Commission Chairman Ms. Debbie Fountain, Housing Specialist City of Carlsbad Housing Commission 2965 Roosevelt St., Suite B Carlsbad, CA 92008-2389 (760) 434-2935 Fax:720-2037 I RE: Four (4) Inclusionary Housing Units, PACIFIC VIEW ESTATES. CT 96-03 TENTATIVE TRACT MAP. 8.52 Acres, 26 Single Family Residential Detached Lots. N.E. Corner of Donna Drive at Carlsbad Village Drive, City of Carlsbad. Dear Debbie, I In accordance with your request, enclosed please find the following: 1. Application for Housing Commission approval for Four (4) Inclusionary Housing Units 2. 1 large Site Development Plan showing location of 4 Affordable Housing Units; 3. 4. 5. Narrative describing how the projects meets Inclusionary Housing Ordinance, etc.; Disclosure Statement of Ownership Interests. 10 Site Plans and 10 Floor Plans. We understand we are scheduled to be heard by the Commission on July 10, 1997. Should you have further questions, please don't hesitate to call me direct at (760) 720- 7985. Thanking you in advance for your consideration in this matter, I am, Respectfully, PACIFIC )9EW LTD. D. Jack President Enc. DLJ/m , Mo Adb~esS Project Address: ._ Total Number of Affordable Units Required (if applicable): F OUK c4 ) ~ Total Number of Affordable Units Proposed: FouK C4) Type of Utiits (le., garden apartments, detacbed, etc.): SIze (In square feet) of eac Unit: Bedroom Size Distribution of Units: 4-21 b t I BrdhcbM, FULL 6f-b FtLC ZIT! SpRCloL L1V.R< 26E- Am-PFLhSEb ~SRlt&--Yc Dcscribe any special katureslamenities to be included withjn project: Housipg Commission Rcview Applicirir~n Page I Target Population (it,, fandties, smton, ctc): Tw 0 - Monthly Rent (by bdr. size) or Salts Price of Units: - Term of Aflordability ([e., 30 yrs, life of project, etc.): l'rojected Scbedule for Construction of Affordable Housing Units: 30 YP s, TOTAL 4 IV. FLNANCJAL INFOR&lATION OS AFFORDABLE BOUSISG PROJECT Please a- a copy of drvelopmedt and operating financial profomas showlng sources and uses of funds to accomplfsh the affordable units proposed in this application. In the profomas, please identify your subsidy sources and appropriate jwstilications for use of thcse sourccs. Descrlbe the local flnancisl assistance or incentives, IF any, including specific terms desired for the affordable housing project which you are, or will he, requesting from the City of Carlsbad: Identify any other project conditions which niay be relevant to project feasibltity: Housing Commission Review Application Page 2 12/8:93 V. REQUIRED ATFAC?i3IENTS TO .QTPLlCATION The following items must be attached to this applicalion: -- 0 Sile Development Plan for Affordable Housing Units; 0 Narrative describing how the project nleets the HousiLg Needs and Priorities as expressed within LheClry of Cxlsbad's Housing Efemrnt and Comprehensive Housing Affordability Strategy; e Narrative on the project's consistency with the City of Carlsbad's Affordable Housing Policies 3s expressed in &e Housing Element, lnclusionsry Housing Ordinance, General Plan and orhcr related documents; e Development and Operating Financial Proform indicating sources and uses of funds for the project, including justification and identiticalion of subsidy sources; *' Complete description of finsncial assistance or inceniives including specific terms that arc, or will bc rcyucsred frum the City of Carlsbad for the project, if applicable; and, 0 VI. APPLICATION SIGNATURES Completed Disclosure Statement of Ownership Interests within the project, c Property Owner Name, Address and Telephone No,: I, the underslgned, do hereby cettify that I am the legal owner of the subject property and that the above infomation is true and correct to the best of my knowledge. c irvd €.STA- -Date G! 23 j q7 I, the undersigned applicant, do hereby certify that I am the representative of the legal owner of the subject property and that the above inlorxttetlon is true and correct to the bat of my knowledfie. TIE: BOX BELOW IS FOR CITY USE 0"LY Date Application Received: 6/93 /y~ Application Received By: Staff Recomendaiion: - w Date of Housing Comrnissioo Review: y+) 16, 1997 Action on Application by Housing Commissiofi: , Other Comments: Housing Commission Review Application Psge 3 l2l8 93 I =lease Svn Tke following information must be disclosed: 1 AP Dlicant List the names and addresses of all persons having a financial interest in the applicatjon. PACIFIC VIEW LTD, C/O D, JA CARLSBAD, CA 97018 PwOs BOX - D, RYAN, OWNFR . .. 2. Owner List the names and addresses of all pefsons having any Ownership interest in the property involved. PACIFIC VIEW ITD, 3. If any penon idontifhd punwnt to (1) of (2) above is a corporrtlon or partnership, list the names am addresses of all individuals owning more than 10% of tho shares in tho corporation or owning any pannersnii interest in tho putnorship. LI /A I., ” Page 2 5. Have you had more than $250 woflh of business transacted wrth any member oi Clry staff. soarcs Commissions, Commr flees and Council within the past twelve months? Yes - No 1 If yes, please indicate person($) FRM 13 4/91 Fage2of2 PROJECT NARRATIVE 4/25/97 PROJECT NAME: PACIFIC VIEW ESTATES APPLICANT NAME: PACIFIC VIEW LTD. DESCRIPTION/EXPLANATION ' PROPERTY: The property consists of 8.52 acres and is identified as City of Carlsbad ASSESSOR PARCEL NO. 167-250-16-00. LOCATION : The property is located at the northwest corner of Carlsbad Village Drive at Donna Way. This is behind the Carlsbad Municipal Water District "Elm" Reservoir. NEIGHBORHOOD: Abutting the subject property on the south is the major traffic artery, CARLSBAD VILLAGE DRIVE. This thoroughfare runs east and west serving principally between El Camino Real and the Interstate 5 Freeway. Directly north of the site is a small lot subdivision of condominiums on Wintergreen Drive. Said project is identified as the "HILLGATE ESTATES", (city development No. 88-02). To the west of the site is the collector traffic artery "HOSP WAY". Additionally to the west beyond Hosp Way is an existing high density older condominium project of small lots (Minimum Lot Size Q 3,266 s.f.). Directly to the east is the high density three (3) story "OCEAN CREST APARTMENT'' complex on Calle Arroyo Street. IN-FILL PROPERTY: The subject site is "IN-FILL" property. It is abutted by high density or intense land use on all four (4) sides; i.e. north, south, east and west. The entire area is presently 97% developed except for one remaining abutting parcel approximately 22 acres in size. All lands in this immediate area experienced build-out many years ago, he. circa 1970-1988). The subject property essentially stands alone as an undeveloped pocket within the City's core. The subject property will be developed as a PLANNED UNIT DEVELOPMENT (''PUD"). This is consistent with Carlsbad zoning ordinances and the surrounding area usage. The property is presently zoned RLM, 10,000 square foot lots which is considered to be too restrictive. In fact, the surrounding proiects are all smaller lots and eniov greater land use density. For example, the abutting Wintergreen Tract No. 88-2 on the North has a Minimal Lot Size of only 5,480 s.f.. Additionally, said Tract 88-2 has LAND USE/ ZONING : PROJECT NARRATIVE APRIL 25, 1997, PAGE 2 OF 4. substantially higher lot coverage, (Le. more structure covering the lot). This also applies to the project on the East (Le. the %tory OCEAN CREST apartment complex). The project on the West has a Minimum Lot Size of only 3,266 s.f.. This is 46% smaller than PACIFIC VIEW'S smallest lot of 7,006 square feet. As noted above, the property to the south is a Major Highway. Finally, each such abutting project has higher land use densities than PACIFIC VIEW ESTATES, (Le. more populace per acre). Upon completion, PACIFIC VIEW'S land use density will still be less than all abutting projects. PACIFIC VIEW'S actual land use density will be only 3.52 units per acre (i.e. 26 homes + 4 Inclusionary Housing Units = 30 units divided by 8.52 acres). Even in a worst case scenario by removing slopes, density is only 3.97 units per acre based upon a total of 30 units divided by 7.56 net usable acres. LOTTAGE: As a Planned Unit Development, the project will consist of 26 single family detached residential lots. Our lots were designed to be 55f - 60+' wide however floor plans are only 38', 3gf, and 41' wide. This allows the project to enjoy larger side yards. The minimal is 5' yet in most cases side yards are as much as 10 feet. This is good design. Moreover, with the use of 3' garden seat walls in strategic areas, such increases the homeowners usable pad. Additionally PACIFIC VIEW ESTATES patron a street scape which follows the gentle hillside slope. This allows for varied pad elevations and renders an even greater feeling of privacy and presents excellent curb appeal. PLAN DESIGN: There will be three (3) separate floor plans. All home designs are two (2) story. All meet city height limitations, set backs and city guidelines. Plan 1 is designed with an oversized attached two (2) car garage while plan 2 and plan 3 are both three (3) car garages. All driveways have a minimal 20' setback. Plan 1 is the smallest plan consisting of 2,235 square feet. It has 4 bedrooms and 2.5 baths. Plan 1 has a lot coverage ratio of only 16.4% based upon an average size lot. Plan 2 is an exceptional floor plan of 2,635 square feet with 4 sizable bedrooms and 3 full baths. Plan 3 is the largest plan at 3,060 square feet. Plan 3 is an extraordinary design and boasts a huge down stairs Bonus Room/Bdr/Den and is also available as a Seconding Apartment Dwelling. This plan has 5 large bedrooms and up to 3.5 baths and a lot coverage factor of only 22.1%. INCLUSIONARY HOUSING REQUIREMENTS: The width of all Plan 3 units were widened to accommodate four (4) FIRST FLOOR Inclusionary Housing or Secondary Dwelling Units. Such are denoted as "SD" on the Site Development Plan. Each is a practical 421 square foot apartment Flat and meets all low income housing requirements including the City's "Guidelines for Development of Second Dwelling Units". PROJECT NARRATIVE APRIL 25, 1997, PAGE 3 OF 4. Maximum rent is 30% of 80% of the County's Median Income, adjusted for household occupants as follows: County Persons in Median HouseHold Income 80% of Annual Maximum Median Maximum Monthly- Income Rental Rental 1 $34,000 x 80% = $27,200 x 30% = $8,160 / 12 = $680.00 2 $38,875 x 80% = $31,100 x 30% = $9,330 / 12 =$777.50 3 $43,750 x 80% = $35,000 x 30% = 10,560 / 12 =$875.00 etc. These four (4) rentable "SD" apartment units boast superior design. Each is totally independent from the main home and separated by a sound-proof demising wall. Not only do these "SD" apartments have the advantage of NO STAIRS which is ideal for the elderly or convalescing, but they also enjoy their own private exterior front door entrance. As noted, each apartment consists of a very efficient 421 square feet which is perhaps the equivalent of possibly 6002 s.f. in a standard apartment. Simply, All space is fully usable. NO wasted halls, NO wasted entry foyers and NO wasted stairs. Each apartment has its own private under roof ATTACHED garage, standard size washer and dryer facilities, and spacious full size kitchen. Additionally, each apartment has a full size private bath, a separate bedroom with large closet, and a generous living room. Extra storage is provided in the attached garage. This is quality design. H.O.A. : PACIFIC VIEW ESTATES has a dedicated common area recreational lot identified as lot 8. Said lot is roughly three quarters (3/4th) acre in green open landscaping which can be accessed from either "A" Street or "B" Street via a 4' path. This park like area provides for active and passive recreation. It is large enough for a full sized regulation Volleyball Court, a Croquet Course, Badminton, Lawn Tennis or shuffle Board Courts. An enormous replanting of trees will adorn the outer perimeter, (Eucalyptus Citriadoras, California Peppers, and other trees and flora acceptable to Parks and Recreation). Picnic tables and park bench seats are planned for quiet time or walking stops. A Barbecue is intended for entertaining and picnics. A 1,000+ square foot area has been designated at the rear of this Recreational Area to accommodate RV parking. CITY REQUESTS: In lieu of submitting for a higher density land use similar to the abutting projects, our request is for a lower density development of only 26 single family building lots. Our design and density is within compliance of all Planned Unit Development zoning requirements and City standards. In fact, PACIFIC VIEW ESTATE'S design exceeds standard side yard setbacks. PROJECT NARRATIVE APRIL 25, 1997, PAGE 4 OF 4. This is our seventh (7th) major redesign to accommodate city requests. Though we still oppose the same, this redesign incorporates the cities desire to connect Wintergreen Street to Carlsbad Village Drive. Moreover, both streets are now designed as public routes and as per city request, wehave designed full sidewalks extending the entire length. With favorable response, we have met several times with the City Municipal Water District regarding the proposed Elm Reservoir street dedication. Finally, we have conferred with the City Fire Marshall and complied with the City's suggestion to grant deed street frontage access to both the Marron residence (APN 167-570- lo), and the Dabbs residence (APN 167-250-04). Additionally, we have obtained and submitted to the City twelve (12) extensive and costly Bio-Technical studies et. al. for this property, all with favorable results reflecting NO environmental significance. Such includes the California Pocket Mouse study, California Coastal Sage, three (3) separate Gnatcatcher studies, a tree evaluation, two (2) traffic studies, two (2) sound control investigations, an archeological probe, and a paleontology study. Regarding archeological, such produced no significant finds of importance. We even sent the only finds on the site (a scattering of sea shells suspected to be brought up from the lagoon below by former Indians), to Atlanta for testing. Radio Carbon-13 dating reveled no importance or consequence. These studies were over-viewed by Master Consultant A. Hayworth of DuDEK AND ASSOCIATES and aDDrOVed by the FISH and WILDLIFE SERVICE, Department of the Interior. The site is effectively devoid of all animal or plant species other than commons squirrels and rabbits. However, said reports did reflect a total of 1.95 acres in disturbed Coastal Sage Scrub. One area consists of 1.56 scattered acres and the other is approximately .39 acres. As documented, these areas are separated by roughly 3202 feet of open lands devoid of all vegetation. Said open area is presently used as private asphalt driveways for the above stated residences which cross the site for assess to their property. According to these reports and approved by the Department of Fish and Wildlife Service, the subject property does not support the Gnatcatcher nor any such sensitive species due to the scrub's scattered location and disturbed habitat. Moreover, the site is cut-off and isolated within a high populace area which is surrounded with intense land use on all four sides. Therefore, as set forth by the originally provided copy of the February 28, 1996 letter from the U.S. Department of the Interior's, Fish and Wildlife Service, our Droiect was given aDproval for the City of Carlsbad's 4-D mitigation process at a 1:l ratio for the subject 1.95 acres in Coastal Sage Scrub. To accommodate this mitigation, we have in fact acquired a substitute 2.0 acres in the CARLSBAD HIGHLANDS CONSERVATION BANK which we are told is fully acceptable to the City. Should you have any questions or if I may be of any assistance, please don't Thanking you in advance for your hesitate to call me direct at (760) 720-9785. consideration in this matter, I am respectfully, PACIFIC VIEW ESTATES I -7 I I I I I I I A c a h c t EXHIBIT 3 - 64 Ade City of CARLSBAD Planning Departmehb A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: June 18,1997 Application complete date: 90-Day Extension Expires: October 10, 1996 July 10, 1997 Project Planner: Teresa Woods - Project Engineer: Ken Quon SUBJECT: CT 96-03/PUD 96-03lHDP 96-03BDP 96-04 - PACIFIC VIEW ESTATES - Request for approval of an Amended Mitigated Negative Declaration, Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan to subdivide 8.52 gross acres into 26 single-family lots, 3 lots to provide legal access to adjacent properties and 4 open space lots, for a total of 33 lots on the property. Four of the single-family units are proposed to include second dwelling units. The property is located on the north side of Carlsbad Village Drive at Donna Drive, in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4099 APPROVING the Mitigated Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolutions No. 4100, 4101, 4102 and 4103 APPROVING CT 96-03, PUD 96-03, HDP 96-03 and SDP 96-04 based on the findings and subject to the conditions contained therein. 11. ITEM EXPLANATION This item was considered by the Planning Commission at its meeting of May 21, 1997, and continued to June 4, 1997 to allow staff and the applicant time to respond to certain issues raised by the Commission, applicant and citizens. The project was further continued to June 18, 1997, to permit additional time to resolve the issues. All previously identified issues have been resolved to the satisfaction of staff. A staff response and staff recommendation, for each previously identified issue, is contained in the attached memo to the Planning Commission, dated June 18, 1997. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. Memo dated June 18, 1997 with staff response to comments and errata with recommended revisions to Resolution No. 4100. Planning Commission Resolution No. 4099 Planning Commission Resolution No. 4100 Planning Commission Resolution No. 4101 Planning Commission Resolution No. 4102 Planning Commission Resolution No. 4103 Staff Report dated May 2 1, 1997. June 18, 1997 TO: PLANNING COMMISSION FROM: Planning Department RESPONSE TO COMMENTS AND ERRATA WITH RECOMMENDED REVISIONS AND PACIFIC VIEW ESTATES ADDITIONS TO THE FINDINGS AND CONDITIONS OF RESOLUTION NO. 4100, CT 96-03 - At the May 21 , 1997 Planning Commission meeting, the following issues were raised by members of the Planning Commission, the applicant, and citizens, regarding CT 96-031PUD 96-03/HDP 96- 03/SDP 96-04 - Pacific View Estates: 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. 12. Construction traffic through the Hillgate neighborhood. The timing of construction for the “B” Street connection to Wintergreen Drive. Noise and dust associated with grading and construction. Timing of signals at Wintergreen Drive and Hosp Way and at Carlsbad Village Drive and Donna Drive. Paving of Access Lot 10. Water Commission approval of the use of City of Carlsbad property for public street right-of- way purposes. The staking of access points to the Dabbs’ property. Requirement for slope rights for access to the Dabbs’ property from Lot IO. Elevation of Lot 33 in relation to the Dabbs’ property. Utility stub-outs to the Dabbs’ property. Width of water pipeline easement. Wintergreen Drive through connection to Carlsbad Village Drive. The following is a staff response and a staff recommendation for each of the above issues. 1. CONSTRUCTION TRAFFIC THROUGH THE HILLGATE NEIGHBORHOOD Staff Response: The project contains three phases, which are arranged so that construction traffic can access the site without having to travel through the existing Hillgate neighborhood. This phasing arrangement is consistent with the standard policy of the Engineering Department that requires construction traffic to use major roadways and stay out of residential streets. To ensure that this policy is met, a condition of approval requires the developer to obtain a City issued haul route permit prior to having any construction traffic enter the site. Staff Recommendation: No changes are recommended. RESPONSE TO COMMENTS C I d6-03 - PACIFIC VIEW ESTATES JUNE 18, 1997 PAGE 2 2. TIMING OF CONSTRUCTION FOR THE “6” STREET CONNECTION TO WINTERGREEN DRIVE Staff Response: The construction of the “B” Street connection to Wintergreen Drive will occur with Phase 2 of the project. During construction, this connection will remain barricaded and inaccessible to traffic, but will be available on a limited basis for access by sales staff of Pacific View Estates. This street connection, along with ”B” Street, will be opened as a public street upon occupancy of the first unit of Phase 2. Staff Recommendation: Construction of “B” Street and the connection to Wintergreen Drive is required under Condition No. 49. Modify Resolution No. 41 00 by adding the following Engineering Condition: + The “B” Street connection to Wintergreen Drive is to remain barricaded and inaccessible to traffic until such time that “B” Street is opened as a public street. A lockable gate shall be provided at this connection point for access by Pacific View Estates sales staff. 3. NOISE AND DUST ASSOCIATED WITH GRADING AND CONSTRUCTION Staff Response: City ordinances require the developer to provide noise and dust controls during construction, including limiting construction activity, to certain business hours and requiring water trucks and other measures to limit dust movement during grading operations. City public works inspectors are responsible for enforcing these ordinances. Staff Recommendation: No changes are recommended. 4. TIMING OF SIGNALS AT WINTERGREEN DRIVE AND HOSP WAY AND AT CARLSBAD VILLAGE DRIVE AND DONNA DRIVE Staff Response: There is no established schedule or date for installation of a traffic signal at Wintergreen Drive and Hosp Way, nor for installation of a traffic signal at Carlsbad Village Drive and Donna Drive. The traffic report submitted with this project indicates that a traffic signal is not warranted at this time at either location. The conditions of approval that address these signals, require the developer to bond for five years for one-fourth of the signal installation costs. These conditions allow for the analysis of project impacts at the intersections, and permit time to make a determination of whether warrants are met for requiring the installation of traffic signals. Conditions No. 54 and 55 of Resolution 4100 have been modified for clarification purposes. I RESPONSE TO COMMENTS C J6-03 - PACIFIC VIEW ESTATES JUNE 18, 1997 PAGE 3 Staff Recommendation: Modify Engineering Conditions No. 54 and 55 of Resolution No 4100 as follows: c Condition No. 54 is amended as follows: 54. Prior to approval of final map, T the developer shall , enter into a bond agreement with the City to pay, on demand by the City, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Wintergreen Drive and Hosp Way. This agreement shall terminate five years from the date of occupancy of the first unit in the subdivision. Condition No. 55 is amended as follows: 55. Prior to approval of final map, Tthe developer shall enter into a bond agreement with the City to pay, on demand by the City, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Donna Drive and Carlsbad Village Drive. This agreement Ma// terminate five years from the date of occupancy of the first unit in the subdivision. 5. PAVING OF ACCESS LOT 10 Staff Response: The applicant’s have met with the Dabbs’, who are the property owners adjacent to the project site, and both parties have agreed that Lot 10 will not be paved at this time, as stated in the attached letter dated May 27, 1997. However, in order to avoid erosion and other similar concerns, Lot 10 will be landscaped and maintained by the Pacific View Estates Homeowners’ Association until such time as Lot 10 is needed for access purposes to the Dabbs’ property. Staff Recommendation: Modify Resolution No. 4100 by adding the following Planning Condition: + Prior to final ma.p or grading permit whichever occurs first, the proposed landscape plans shall be revised to include the landscaping of Lot IO. The design of landscaping shall be to the satisfaction of the Planning Director. A landscape easement shall be placed over the entirety of Lot 10 and the project CC&Rs shall include a provision requiring the maintenance of Lot 10 until such time as Lot 10 is needed for access purposes for the adjacent property. At such time, the Homeowners’ Association shall relinquish the landscape maintenance easement. The project CC&Rs shall include a provision that fully discloses the fact that Lot 10 is intended to be paved and used as a driveway to access future development of the adjacent Dabbs’ property. - RESPONSE TO COMMENTS C . 66-03 - PACIFIC VIEW ESTATES JUNE 18,1997 6. WATER BOARD APPROVAL OF THE USE OF CITY OF CARLSBAD PROPERTY FOR PUBLIC STREET RIGHT-OF-WAY PURPOSES - Staff Response: In order to construct the street connection from Wintergreen Drive to Carlsbad Village Drive, while maintaining access to the Elm Reservoir facility, it is necessary that a portion of the public street improvements required of this project encroach onto two City-owned parcels. One of the affected City-owned parcels is a 9,000 square foot parcel that fronts onto Carlsbad Village Drive, and adjoins the west side of the reservoir parcel. This parcel, which was acquired by the City in 1973 for both public street purposes and to provide access to the adjacent reservoir parcel, will be improved as Donna Drive to complete the street connection between Wintergreen Drive and Carlsbad Village Drive. The Pacific View Estates project is required to construct, on this parcel, half-width standard street improvements, plus an additional 12’ of paving. The remaining improvements will be installed upon development of the adjoining undeveloped parcel to the west. The encroachment of public improvements on this parcel does not require any special considerations, since this parcel was acquired specifically for public street purposes. , The other affected parcel is the 39,500 square foot site of the existing Elm reservoir facility. From this site, 5,180 square feet of the northern portion of the parcel will be utilized for “B” Street improvements, and 1,122 square feet of the parcel will be utilized for a curb return at the Carlsbad Village Drive/Donna Drive intersection, for a total improved area of 6,302 square feet. The operations and usage of the reservoir facility will not be affected. Additionally, this project will provide the reservoir parcel with enhanced landscape improvements, which will be maintained in perpetuity by the Pacific View Estates Homeowners’ Association. A condition of approval requires the applicant to obtain an easement to provide such maintenance. In considering allowing encroachment of the improvements onto the reservoir parcel, and thereby changing its use, it must be demonstrated that the value of those improvements over and above standard requirements of a subdivision, meet or exceed the value of the City- owned unimproved land. For this project, these improvements include the installation and maintenance of the enhanced landscaping. The comparison of the value of these items are as follows: Landscape installation and 30-year maintenance - - $55,771 .OO $8,507.70 6,302 Sf x $1.35/~q. ft.* - - Unimproved land value: *The unimproved land cost of $1.35/sq. fi. is based on the applicant‘s purchase price for the project site, which staff has found to be acceptable. The Water District staff has researched as to whether the Water Board is required to review and approve the request to use City of Carlsbad owned land around the Elm Reservoir for public street right-of-way. It has been determined that the change of use of the land, from reservoir to public street right-of-way, does not require Water Board review or approval. No change of ownership is required for this transaction. - RESPONSE TO COMMENTS C 96-03 - PACIFIC VIEW ESTATES JUNE 18,1997 PAGE 5 A condition in Resolution No. 4100 requires the applicant to obtain a City right-of-way permit prior to beginning construction of the proposed improvements on City-owned property. A finding has been added to Resolution No. 4100 to acknowledge consistency with the General Plan for the change of use of the City owned property from reservoir to public street. Staff Recommendation: - Modify Resolution No. 41 00 by adding the following finding: 31. The change of use of City of Carlsbad owned property from reservoir to public street is consistent with the Carlsbad General Plan in that as provided for in the Circulation Element of the General Plan, the public roads (Donna Drive and “6” Street) have been designed to maintain City standards for the design and construction of roads by providing secondary access to the Hillgate Estates neighborhood which does not currently have secondary access to meet City standards, and consistent with the Circulation Element of the General Plan, the project is a joint public/private effort to improve circulation in a developed area. Modify Resolution No. 41 00 by adding the following Engineering Condition: + Prior to final map approval, the applicant shall obtain an easement from the City for landscape maintenance purposes on the reservoir parcel. 7. THE STAKING OF ACCESS LOCATIONS TO THE DABBS PROPERTY Staff Response: The applicants and the Dabbs’ have agreed to the locations for access Lot 32 and access Lot Io’, as revised pursuant to the attached letter dated May 27, 1997. The redesign of Lot 10 results in a larger lot which provides the Dabbs’ with more flexibility in locating a driveway if they choose to further develop their property. This modification has been reviewed and is acceptable to staff. Staking of the lot locations is not required. In addition, a condition has been added to modify the configuration of access Lot 11 to ensure that the adjacent property owner only has to maintain their new driveway and not the landscaped slopes, The landscaped slopes will be maintained by the Pacific View Estates Homeowners’ Association as open space Lot 12. Staff Recommendation: Modify Resolution No. 41 00 by adding the following Planning Condition: + The applicant shall modify the configuration of access Lots IO and 11 per the revised site plan Exhibit X, attached hereto. The modification of Lots IO and 11 shall be reflected on the conforming mylar required as a condition of project a p p rova I. - RESPONSE TO COMMENTS C 36-03 - PACIFIC VIEW ESTATES JUNE 18,1997 8. REQUIREMENT FOR SLOPE’ RIGHTS FOR ACCESS TO THE DABBS’ PROPERTY FROM LOT 10 L” Staff Response: Slopes from Pacific View Estates will not encroach onto the Dabbs’ property. Therefore, slope rights are not required. Staff Recommendation: , No changes are recommended. 9. ELEVATION OF LOT 33 IN RELATION TO THE DABBS’ PROPERTY Staff Response: The proposed elevation of the pad on Lot 33 is at 280 which is 3 feet above the Dabbs’ property (pool location), which is located at approximately elevation 277. There is an existing knoll on Lot 35 which is located at elevation 288, therefore, as designed, the highest portion of Lot 33 will be lowered 8 feet from existing grade. At the pool location on the Dabbs’ property, Lot 33 has a 2:l slope which is approximately 4 feet in height. With a 6 foot high privacy fence on top of the slope, Lot 33 will be screened from the Dabbs property by an approximately 10 foot high barrier, which will obscure the Dabbs property from the yard and first floor of the proposed residence on Lot 33. Further, the unit proposed on Lot 33 is a Plan 3 unit, which is a two-story 30-foot high structure. The Plan 3 unit has been designed with clerestory and obscuring glass windows on the second floor adjacent to the Dabbs’ property. Therefore, the proposed development on Lot 33 has been designed to minimize the loss of privacy to the Dabbs family. The applicant has met with the Dabbs’ and pursuant to the letter dated May 27, 1997, attached, Mr. Dabbs has agreed to the proposed Lot 33 pad elevation at 280. Staff Recommendation: No changes are recommended. IO. UTILITY STUB-OUTS TO THE DABBS PROPERTY Staff Response: The applicants have met with the Dabbs’ and both parties have agreed that the applicant will provide water and sewer stub-outs to the property lines of access Lots 10 and 32, and that the Dabbs’ will bear the cost of extending the utility lines onto their property. This is a private agreement between the applicant and the Dabbs’, as evidenced in the attached letter dated May 27,1997. RESPONSE TO COMMENTS C, 36-03 - PACIFIC VIEW ESTATES JUNE 18, 1997 PAGE 7 Staff Recommendation: Modify the Engineering Conditions of Resolution No. 41 00 by adding the following condition: + The applicant shall work in conjunction with the adjacent property owner to faciIitaG the installation of gas, electricity, and cable television stubs to Lot 10 and Lot 32. The applicant is not responsible for costs associated with providing these utilities. All associated costs for labor, materials, connection charges, and agency fees and deposits shall be borne by the adjacent property owner. Modify Engineering Condition No’. 49 of Resolution No. 4100 as follows: 49. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: Phase 1 1. Full width street improvements of “A” Street. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Water and sewer utility stubs to Lot 10. Phase 2 1. Full width street improvements of “6” Street- . and Wintergreen Drive within the Phase 2 boundaries. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. A 24’ wide paved travel way on “B” Street and Donna Drive from the Phase 2 boundary to its intersection with Carlsbad Village Drive. This travel way is for emergency access purposes and shall be designed to the satisfaction of the City Engineer. Phase 3 1. Full widfh street improvements of “B” Street within the Phase 3 boundaries. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Half-width street improvements plus 72’ of additional paving on Donna Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 3. Wafer and sewer utility stubs to Lot 32. 4. Removal and replacement of fencing, landscaping and access to the water tank property. RESPONSE TO COMMENTS C. 96-03 - PACIFIC VIEW ESTATES JUNE 18, 1997 et on th A list of the above improvements shall be placed on an additional map sh final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within I8 months of approval of the secured improvement agreement or such other time as provided in said agreement. - 11. WIDTH OF WATER PIPELINE EASEMENT Staff Response: The applicant has requested that Condition No. 65 of Resolution 4100 be modified so that the width of the pipeline easement is between 15 to 20 feet, as opposed to the Water District recommended 20-foot wide easement. The Water District has reviewed the request for a reduced easement width and has agreed to this modification, with the location and exact size of the easement to be reviewed and approved by the District Engineer. Staff Recommendation: Modify Water District Condition No. 65, of Resolution 4100 to read as follows: 65. Prior to approval of the final map or issuance of grading permit, whichever occurs first, the Developer appkant shall consult with the Water District regarding the relocation of the existing water pipeline easement on the property. pwvided #me ECDeveloper shall relocats the water pipeline within a f5 to 20- foot wide easement, at a location to be reviewed and approved by the District Engineer prior to final map or grading permit, whichever occurs first. In return, the Water District will quitclaim the existing water pipeline easement. The exact size and location of the proposed easement shown on the tentative tract map is preliminary #e&a#we * , and may be modified &e6ab&e Le#. .. 12. WINTERGREEN DRIVE THROUGH CONNECTION TO CARLSBAD VILLAGE DRIVE Staff ResDonse: Property owners within the Hillgate Estates development submitted a letter and petition, dated June 3, 1997 (attached), requesting that Wintergreen Drive not be connected to the Pacific View Estates project, and subsequently, to Carlsbad Village Drive. During development of both the Hillgate project and Pacific View Estates, staff made provisions for this street connection in the interest of providing convenient access between neighborhoods, avoiding circuitous travel, and providing alternative access points in the event of an emergency. The approved tentative map exhibits for the Hillgate development note that the current terminus of Wintergreen Drive is to be extended in the future. Additionally, the approved final map for the Hillgate development includes specific dedications and reservations for this street extension. - RESPONSE TO COMMENTS C 36-03 - PACIFIC VIEW ESTATES JUNE 18,1997 PAGE 9 Staff Recommendation: Maintain the 'B" Streewntergreen Drive street connection as part of the Pacific View Estates project. - 13. MISCELLANEOUS ENGINEERING ERRATA CHANGES TO PLANNING COMMISSION RESOLUTION NO. 4100 Condition No. 50 is replaced with the following: Prior to final map approval the developer shall enter into an agreement to transfer the ownership of Lots IO, 17, and 32, to the adjacent off-site properties. Condition No. 51 is amended as follows: . approval of final map, the developer shall demonstrate Prior to to the satisfaction of the City Engineer that all existing private access easements over the project site have been quitclaimed or otherwise extinguished. .. Condition No. 53 is amended as follows: The developer shall obtain a City right-of-way permit prior to beginning construction of street improvements. Condition No. 56 is replaced with the following: Prior to final map approval the developer shall acquire City-owned property shown within the right-of-way for Street 6. Condition Number 57 is deleted. EXHIBIT "X" -EXHIBIT 'LOT 10 OPEN SPACE - ,e City of CARLSBAD Planning DepartmbUl A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: June 4,1997 Application complete date: 90-Day Extension Expires: October 10, 1996 July 10, 1997 Project Planner: Teresa Woods * Project Engineer: Ken Quon SUBJECT: CT 96-03PUD 96-03MDP 96-03BDP 96-04 - PACIFIC VIEW ESTATES - Request for approval of an Amended Mitigated Negative Declaration, Tentative Tract Map,' Planned Development Permit, Hillside Development Permit and Site Development Plan to subdivide 8.52 gross acres into 26 single-family lots, 3 lots to provide legal access to adjacent properties and 4 open space lots, for a total of 33 lots on the property. Four of the single-family units are proposed to include second dwelling units. The property is located on the north side of Carlsbad Village Drive at Donna Drive, in Local Facilities Management Zone 1. I. RECOMMENDATION Staff is requesting a CONTINUANCE of this item for two weeks, to the June 18, 1997, Planning Commission'Meeting, in order to workout details on issues raised at the Planning Commission hearing of May 2 1, 1997. R. D. G. Consultants May 27,1997 Ms. Teresa Woods Carlsbad Community Development, Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-5 176 Re: PACIFIC VIEW ESTATES-Donna Street & Carlsbac Dear l'erri : Villase Drive-Tentative Map No. CT 9b-0-2 This letter is written to report to vou the resolution of issues addressed by Mr. Ken Dabbs at the Planning Commission hearing held May 3 1, 1997. The result of meetings 3nd discussions held on May 23, I997 are as follows. Lots 10 and 32: Locations have been viewed and accepted. however the northerly line of lot 10 shall be adjusted to facilitate D3bbs' future home-site. Exhibit attxhed. Lot 10; Will not be paved, however. the Pacific View HOA will any a landscape maintenance easement over this lot until such timc thc scccss lot is utilizcd. Lot 33; Elevation of 280.00 is accepted as designed. The issue of privacy has been cleared up with the undcr-mnding that thc windows over looking the Dabhs' propxty arc not rcsdily accessible or arc of obscurc gla55. Utili& Stubs(Wetj; Developer agrees to install sewer and water service stubs to the proposed street right of ways at access lots 10 and 32. Developer agrees to hear the cost of labor and materials for the installation. It is understood Dabbs will pay all agency fws, chargcs and deposits. It is'also understood that Dabbs will bear 311 expenses for the extension of these services beyond the R.O.W. onto the property. Utility Stubs(Dvj; Developer agrees to assist in facilitating the instaJlation of gas, electric. telephone and cable service stubs to the proposed street right of wvs at access lots IO and 32. It is understood that all costs rclaid to thc installation of thcsc scrviccs shall bc born by tho Dabbs;' propmy and will includr: but not bc limited to labor, materials, connection charges and agency fees and depsits. Fees, charges and deposits for these services shall be paid by Dabbs when required. JUN 0 4 1997 CITY OF CARLSBAD J U.aQS June 3, 1997 m\ To: t'B~d" Lewis, Mayor and City Council Members =WhP#G DEE- From: Nick Giovinazzo, President, Hillgate Estates Honorable Mayor and Council: - I am certain that all of you would agree that everyone in a free society is entitled to live with a certain modicum of safety and tranquility. We choose our homes and neighborhoods usually based upon these premises. For some it may take a lifetime. As parents of five and grandparents of a growing brood, we could ,no longer remain in a two bedroom condo in Solana Beach which we purchased in 1976. We expect to bond and form lasting and influential relationships with our grandchildren. So in 1993 we found a four bedroom home in a quiet and tranquil eucalyptus grove on a dead end street in Carlsbad, the find of a life time for sure. We discovered people of like vrrlues. We entertain and enjoy our (now 17) grand children during vacations and holidays with confidence from a street and neighborhood not impacted by through traffic. I became President of the Homeowners Association. My wife heads a social committee in which the entire neighborhood including children enjoy two wonderful functions a year. One is the Fourth of July Picnic on our own picnic grounds. The other is the Open House Holiday parties in which we respect varied religious beliefs and enjoy the holiday foods of many ethnic backgrounds as we walk from home to home. Recently we received final word of a development immediately south and west of our association. The Planning Commission and, we assume, the City Council reduced the original 42 homes proposal to 26 and added many green belt and recreational areas to the plan which is certainly consistent with our neighborhood of 32 homes.We welcome the attitude of the City Council and Commission who were obviously concerned with density. However, as a group we are petitioning the City Council and Commission for one concession. Hosp Way is the entrance/exit to El Camino Real and Monroe Street for the 300+ Camino Pointe Village and Sea Crest Apartments, 125 unit Hosp Woods Association and our own 32 unit Hillgate Estates Association. Then there are the 26 new houses at Pacific View. If Wintergreen Drive goes through to Carlsbad Village Drive, many of the cars from these complexes are quite likely to take the short cut through our neighborhood to Carlsbad Village Drive or the other way home. Sooner or later we are going to have a bad accident and I can only pray none of us or our children who now can play on our sidewalks are involved. Ladies and gentlemen of decision-making, please think of the 26 new home owners for Pacific View and the expectations by those persons of a tranqui.1 neighborhood with executive homes ranging from 300 to 400 thousand dollars! Think of the existing 32 members of Hillgate Estates, most who purchased here six years ago and homeowners who have NEVER seen over 20 cars traveling to and from work, the mailman once a day, Fed Ex or UPS on occasion and trash trucks once a week! We, like everyone else, deserve the right to keep our neighborhood safe and not increase the noise level already impacting our neighborhood from apartments below. True we do not have major problems with those apartments especially since new ownership has occurred. They have trimmed trees, painted and landscaped and have effectively controlled much of the irritating noise which has occurred in the past, We applaud their efforts. But they cannot control driving habits or attitudes of their renters. Hosp Way is a dangerous speedway and certainly needs a Stop Sign at Wintergreen and Grove. But the consequences of a Stop Sign there will give drivers the advantage of making a turn onto Wintergreen, if it is a through street, and creating chaos in a beautiful, safe and tranquil neighborhood. Please do not add to the Hosp Way problem by creating another Hosp Way! Keep Wintergreen a dead end and convince Pacific View, the developer to our South that a cul-de-sac is the best possible answer on their side of Wintergreen. We would never object to foot traffic for children going to school. We welcome that possibility. Two to three hundred cars a day would absolutely devastate our way of life as well as destroy our property values. Thanks you for your consideration. We welcome the opportunity to meet with you at any time for discussion. Sincerely, Nick Giovinazzo, President, Hillgate Estates 2948 Wintergreen Dr. Carlsbad Phone 434-1214 Nick Giovinazzo, a UCLA graduate, competed in both football and track. He taught and coached for 35 years. His last 22 years was at Los Angeles Valley College as a full Professor and member of the academic senate. He served as chairperson for Health, Physical Education, Recreation and Athletics for eight years. Upon retirement he became a four time president of Seascape Sur Management Corporation and a two time president of Hillgate Estates. He served four years on the Parks and Recreation Commission of Solana Beach, two of those years as chairperson. K. u. G. Consultsntn hlay27, 1937 Page 2 If you should have any questions or if I can be of further assistance to you. please do not hesitate to call Sincerely, mG CONSULTANTS Ronald D. Grunow, P.E. Reviewed, - \vle~&~. Kenneth K. Dabbs Pacific View pates t x w . .. , Culsbad Phdng Co&sSbn c/o Michael Holzder .. planning Director 2075 La Pdmas Dnve cslsbad, California 92009 May 19,1997 To The City Planners, ~ks paition is sent to you in the interest of the residents of HiUgate Estates, located of€pfHos~ Drive in Carlsbad and involving the strtets of Winter- and Doreet. At this time this is a quiet ncighbthood where children can safely play and ride their bikes and traffic is restricted to the residents of this developmen. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Villase Drive. 'This would in fgct disrupt this development with the through traffic. Wewish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you houly consider this petition. There is adequate turn around space on DortWWintergrten for any fire equipment. The benefit to the neighborhood of keeping this street 8s a c&de.sac by outweighs my theorefid detriment as to fire department access. Cartsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Dnve Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located o~osp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffc is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Dnve. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fie department acceas. NAME ADDRESS -_ May 19, I997 - Carlsbad Plhng Commission C/O Michael Holzmiller - Planning Director 2075 La Palm Drive Carisbad, California 92009 May 19,1997 To The City Planners, located off Isf Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safcly play and ride their bikes and trac is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetAWintergeen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. Tiis petition is sent to you in the interest of the residents of Hillgate Estates, NAME ADDRESS -- Carlsbad Planning Commission C/O Michael Hotzmiiler Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, ' located offprf Hosp Drive in Carlsbad ~d involving the streets of Wintergreen and Dortet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in Fact disrupt this deveiopment with the through traffic. We Wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only repreds more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you Seriously consider thip petition. There is adequate turn around space on DoreetMintexgrcen for any fire equipxknt. The benefit to the neighbohood of keeping this street as B cul-de-sac by far outweighs any theoretical detriment as to fire department access. 4 NAME ADDRESS c Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Dnvc Carlsbad, California 92009 May 19,1997 To The City PlaMNS, located off pf Hosp Dnve in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and nde their bikes and traflic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad village Drive. This would in fact disrupt this development With the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetNintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. This petition is sent to you in the interest of the residents of Hillgate Estates, ADDRESS I 3lbD --..----------y----- ltJ~AOzeaE5dD& ________-____ - Carlsbad Planning Commission C/O Michael Holdller .. Planning Director 2075 La Palms Dnve Carlsbad, California 92009 May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, ' located offafHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can saft!y play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through tr&c We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/H"ntergrcm for any fire equipment. The benefit to the neighborhood of keeping this street as a'cul-de-sac by fiu outweighs any theoretical detriment as to fire department access, Carlsbad Planning Commission C/O Michael Holrmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19,1997 To The City Planntrs, This petition is sent to you in the interest of the residents of HiUgate Estates, I located off#Hosp Drive in Carlsbad and involving the stretts ofN'aergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and td5c is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Wage Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhaod Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetMrintergreen for any fire equipment. The benefit to the neighborhood of keeping this street BS a cul-de-sac by far outweighs any theoretical detriment as to fire department access. Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located offafHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetNiitergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME ADDRESS Carlsbad Planning Commission C/O Michael Holrmiller .. Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the inrerest of the residents of Hillgate Estates, located offafHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can sdely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this devetopment with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department access. NAME n ADDRESS i Carlsbad Planning Commission C/O Michael Holzmiller Planning Director 2075 La Palmas Drive Carlsbad, California 92009 c May 19,1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, located oEgfHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreetMrintergreen for any fire equipment. The benefit to the nei&borhood of keeping this street as a cul-de-sac by far outweighs any theoretical detriment as to fire department =cess. Carlsbad Planning Commission C/O Michael Holrmiller * Planning Director 2075 La Palmas Drive Carlsbad, California 92009 L May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, ' located offd Hosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this time this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through trafiic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and ody represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Doreet/Wiitergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by fiu outweighs any theoretical detriment as to fire department access. NAME ADDRESS Carlsbad Planning Commission C/O Michael Holzmilker Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, located offflHoirp Drive in Carlsbd and involving the streets of Wintergreen and Doreet. At this the this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on DoreeVWintergrmn for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by fir outweighs any theoretical detriment as to fire department access. This petition is sent to you in the interest of the residents of Hillgate Estates, . NAME ADDRESS June 18, 1997 TO: PLANNING COMMISSION FROM: Planning Department - ERRATA # 2 WITH RECOMMENDED REVISIONS AND ADDITIONS TO THE FINDINGS AND CONDITIONS OF RESOLUTION NO. 4100, CT 96-03 - PACIFIC VIEW ESTATES 1. THE USE OF SECOND DWELLING UNITS TO SATISFY INCLUSIONARY HOUSING REQUIREMENTS Staff Discussion: It has been determined that the use of Second Dwelling Units (SDUs) to satisfy a projects’ inclusionary housing requirements, under Chapter 21.85 (Inclusionary Housing Ordinance) of the Carlsbad Municipal Code (CMC), is an alternative means for a project to satisfy their affordable housing requirement under Section 21.85.040(b) of the CMC. As an alternative method of satisfying the projects’ inclusionary housing requirement, the Planning Commission must make a specific finding that the proposed alternative is acceptable. The following finding is suggested to be added to Resolution 4100 to satisfy this requirement. Staff Recommendation: Staff recommends that the following additional changes be made to Planning Commission Resolution No. 41 00, CT 96-03 for Pacific View Estates. 1. Modify Resolution No. 4100 by the addition of the following Finding. + That the use of Second Dwelling Units to satisfy the inclusionary housing requirement for this project is an acceptable alternative for providing affordable housing in that: the proposed project is a small in-fill project in which using other means of satisfying the inclusionary housing requirements of Chapter 21.85 would be almost impossible; and, the proposed Second Dwelling Units comply with the recommended Housing Commission policy for the use of Second Dwelling Units including the unit size being greater than 400 square feet, the unit design containing one bedroom, and no direct access provided to the SDU from the main house. June 18, 1997 TO: PLANNING COMMISSION FROM: Planning Department c ERRATA # 3 WITH A RECOMMENDED ADDITION TO THE CONDITIONS OF RESOLUTION NO. 4100, CT 96-03 - PACIFIC VIEW ESTATES 1. . HOUSING COMMISSION REVIEW OF THE AFFORDABLE HOUSING COMPONENT OF ALL PROJECTS Staff Discussion: It has been determined that all projects, regardless of size, which include an affordable housing component, must be reviewed and acted upon by the Housing Commission prior to Planning Commission consideration of the project. This determination comes in response to Council direction on April 8, 1997. The determination regarding the Housing Commissions role, in the review of projects with an affordable housing component, has just been made and agreed to by City staff. The Pacific View Estates project was reviewed by staff for compliance with the new Housing Commission Second Dwelling Unit Guidelines, and was determined to be in compliance with the recommended standards, including the unit size being greater than 400 square feet, the unit being designed as a one bedroom unit with no direct access to the main unit, and the project has been conditioned to obtain approval of an affordable housing agreement (see attached guidelines). However, the project was not reviewed by the Housing Commission as the previous procedures did not require that projects of less than 50 units be reviewed by the Housing Commission. The Pacific View Estates project was previously heard by the Planning Commission on May 21, 1997, and was ultimately continued to June 18, 1997. The project is subject to a processing time deadline under the Streamlining Act which requires that action must be taken on the project by July 10, 1997. As such, it has been determined that this project should continue forward for Planning Commission consideration and action. A new condition will be added to this project requiring the applicant to apply for and obtain a finding from the Housing Commission that the proposed second dwelling units are consistent with the Housing Commission adopted Guidelines on Development of Second Dwelling Units. The proposed process for the Pacific View Estates project is not intended to set a precedent for the future processing of projects with an affordable housing component. It is acknowledged by staff that only this project will be processed in this manner, due to the timing of the determination on the Housing Commissions role, and the potential Streamlining Act processing conflicts posed by further delays on this project. Staff Recommendation: Staff recommends that the following additional changes be made to Planning Commission Resolution No. 41 00, CT 96-03 for Pacific View Estates. 1. Modify Resolution No. 4100 by the addition of the following Condition. ERRATA #3 CT 96-03 - PACIFIC . ,dW ESTATES JUNE 18,1997 + The Developer shall apply for and obtain a finding from the Housing Commission that the affordable housing aspect of the project is consistent with the Housing Commission Guidelines on Second Dwelling Units, approved May 8, 1997. - - PLANNING COMMISSION May 21,1997 Page 5 .. Commissioner Welshons returned to the dais. 5. CT 96-03/PUD 96-03IHDP 96-03ISDP 96-04 - PACIFIC VIEW ESTATES - Request for qpproval of an Amended Mitigated Negative Declaration, Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan to subdivide 8.52 gross acres into 26 single-family lots, 3 lots to provide legal access to adjacent properties and 4 open space lots, for a total of 33 lots on the property. Four of the single-family Units are proposed to include second dwelling units. The property is located on the north side of Carlsbad Village Drive at Donna Drive, in Local Facilities Management Zone 1. ” * Commissioner Heineman excused himself from hearing this item, citing a potential conflict of interest, and left the dais. Chairperson Nielsen announced that the Commission’s action on this item is final and it will not be forwarded to the City Council unless it is appealed within ten (10) calendar days. Project Planner Teresa Woods provided background and described this project and its location . She stated that the area is zoned R-A-10,000, has a General Plan designation of RLM, and as conditioned, would be required to mitigate for impacts to the coastal sage scrub. She described some of the surrounding areas as including General Plan designations of RMH, RM, and RLM, as well as varied zoning which includes P-C, RDM-Q-7,000, R-l-10,000, and R-A-10,000. Ms. Woods pointed out that a City reservoir (Elm Reservoir) is located on the southern boundary of the property near the center of the site and that a portion of the reservoir site will be used for Donna Drive and ‘B“ Street rights-of-way. She also indicated that the reservoir property will be improved with curb, gutter, sidewalk, landscaping and new fencing. Ms. Woods stated that the homes will range in size from 2,235 sq. ft. to 3,045 sq. ft., on lots ranging from 7,006 to 14,963 sq. ft. The four second dwelling units will be 421 sq. ft., with one bedroom and located on the ground floor. Each of the second dwelling units are in compliance with the recently recommended guidelines set by the Housing Commission. Planner Woods reported that the applicant has requested to exceed the Growth Management density control point of 3.2 dwelling units per acre while still remaining within the density range of 0 to 4 dwelling units per acre. Ms. Woods pointed out that findings can be made to allow the applicant to exceed the density control point. Regarding land use, Ms. Woods stated that the property has a RLM General Plan Designation, and with 30 units in the project, is within the density range of the General Plan designation. Also, under the existing R-A-l0,000 zoning, four dwelling units per acre could be achieved. Ms. Woods indicated that the project is compatible with surrounding uses including the reservoir, multiple family apartments, small lot single family units and standard lot single family units. Ms. Woods stated that the applicant proposes to satisfy the inclusionary housing requirement (4.5 units) by constructing four second dwelling units and also paying a fee equal to .5 of a credit times the average subsidy to make a unit affordable, as pursuant to Section 21.85.040(c) of the Carlsbad Municipal Code. She pointed out that three lots have been set aside to provide public street access to existing adjacent lots to prevent a landlocked situation and title to those lots will be transferred to the property owners of the existing adjacent lots. However, she pointed out, those three lots will remain designated for access purposes only. Ms. Woods concluded her presentation by stating that staff is recommending approval of this project. MINUTES PLANNING COMMISSION May 21,1997 Page 6 Commissioner Compas asked staff to comment on a letter from the applicant, dated May 15, 1997, (a copy of which has been received by each Commissioner). Associate Engineer, Ken Quon explained that the applicant has addressed four major concerns regarding their project and they are: 1) They wish to be relieved of Condition #54 which requires bonding for x of a traffic signal at Wintergreen and Hosp Way; 2) They wish to be relieved of Condition #55 which requires bonding for % of a traffic signal at Donna Drive and Cartsbad Village Drive; 3) They wish to landscape Lot #lo, which is one of the access lots to the adjacent property, as opposed to paving. It is also their desire to establish a landscape maintenance easement to the homeowners association and when the adjacent lot comes in for development, it would be paved at that time; 4) They wish to revise Condition #49 which discusses the street improvements required for the project. They wish to defer some of the improvements ' in Phases #2 and #3 to just Phase #3. In response, Mr. Quon stated that the Engineering Department believes that asking for a bond for X of a signal, over five years, is very reasonable and fair. He went on to state that the City has a current bond, obtained from the Hillgate Development, and as a part of that bonding agreement the City agreed to seek contributions from adjacent properties developed subsequent to Hillgate. As for the signal at Donna Drive and Carlsbad Village Drive, Mr. Quon stated that the City has safety concerns that could arise as a result of this project. Again, the City feels that a bond for X of a signal at that spot is reasonable and fair, in the event that safety concerns are raised at that intersection. Regarding the landscaping of Lot #lo, Mr. Quon indicated that the City finds that request to be reasonable. As for the request to revise Condition #49, Mr. Quon stated that the City feels that the applicant can pave 'B" St., to Cartsbad Village Drive, make that connection, and then install curb, gutter and sidewalk with Phase #3. Mr. Quon stated that staff has discussed this with the applicant and they found this solution to be acceptable. Commissioner Compas asked how staff determined the length of the bond; in this case five years. Mr. Quon stated that it was initially determined to have the applicant bond in perpetuity and then changed to five years, solely to look at the safety factors related to those intersections and as they relate to the development. Commissioner Welshons asked if a light at Wintergreen and Hosp would be a consideration, should the need arise and Mr. Quon answered affirmatively. The Commissioner then asked if the Hillgate bond is in perpetuity and again was answered affirmatively. She then went on to asked what type of controls would be installed at those intersections, should the need arise. Mr. Quon stated that they would begin with a stop sign or improved striping or signage and if they are determined to be inadequate, a signal would be installed. Regarding the request to landscape Lot #lo. Commissioner Welshons asked where the plans indicate paving. Mr. Quon stated that the plans do not clearly show if the lot is to be paved or landscaped and the developers have requested to do landscaping until that lot is required for access to the adjacent property. Mr. Quon stated that Lot #lo, located on "A" St., is the access point to the adjacent property, and in the meantime that property will have access off of "B" St. Commissioner Welshons asked if there will be a bond to ensure that Lot #lO is paved, if and when the adjacent property is developed. Mr. Quon responded by indicating that the owner of the adjacent parcel will be required to pave Lot #lo if and when he chooses to develop it. Mr. Quon clarified the request to defer street improvements in Phase #2 and #3 to Phase #3, by explaining that "B" St. would be constructed and connected to Donna Dr., (street and pavement only) which would then connect to Carlsbad Village Dr. as part of Phase #2, while the curb, sidewalk, etc., will MINUTES PLANNING COMMISSION May 21,1997 Page 7 .- be deferred and completed with Phase #3. Commissioner Welshons asked if she was correct in her assumption that with the connection of “B” St., to Donna Dr., the residents of Pacific View Estates will not impact the other neighborhoods WithJigher volumes of traffic. Commissioner Welshons asked if the deferring of the improvements is cost effective for the applicant. Mr. Quon stated that he is unsure of the cost implications for the applicant but indicated that from what he understands, it is more advantageous for them to defer improvements because it is difficult to obtain financing for improvements outside of Phase #2. Chairperson Nielsen opened Public Testimony and offered the invitation to speak. Margaret Burger, P.O. Box 2198, Carlsbad, representing the developers of Pacific View Ltd., stated their concurrence with staffs recommendations, and requested that Condition #49 be amended as follows: Phase 2. 1. Full width street improvements of ‘B” Street and Wintergreen Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Complete half-width plus 12’ of paved roadway from Phase 2 boundary to the intersection of Carlsbad Village Drive. Improvements shall include asphalt curb. Phase 3. 1. Full width street improvements of “B” Street. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Complete half-width street improvements plus 12’ of additional paving on Donna Drive from the project boundary to its intersection with Carlsbad Village Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. Regarding Conditions #54 and #55: Ms. Burger stated that a traffic study reporj was prepare by O’Rourke Engineering and it was determined that signalization at Cwfsbad Village Dr., and Donna Drive is not warranted. However, Ms. Burger pointed out that some type of assurance toward the signalization should be posted. She stated that this 26 lot project is already burdened, in excess of 5100,000, due to connecting “8” St., to Wintergreen Dr. Ms. Burger also stated that the project‘s impact to Carlsbad Village Dr., is less than 2% and is even lower at Hosp Way and it is their contention that fair bonding costs for signalization should be 10% for Carlsbad Village Drive and 5% for Hosp Way. Regarding Condition #56: Ms. Burger requested that the reference to Lot 32 be corrected to read: Lots #10 and #11. Regarding Condition #65: Ms. Burger requested that the reference to, “ . . . a 20-foot wide easement. . .” be changed to, 15-foot wide easement.. .”, as agreed by the Carlsbad Water Engineer, Bill Plummer. . . . a Commissioner Savary asked what the time frame is between Phases #2 an #3. MINUTES PLANNING COMMISSION May 21,1997 Page 8 . .. Ms. Burger responded by saying that it is the intention of the developer that there will be no interruption between the end of Phase #1 and the beginning of Phase #2 and #3. Craig Correll, 2729 Forest Park Lane, Carlsbad, representing the Carlsbad Woodridge Homewners Association spoke of several discussion with other members of his association and his finding that the majority of them have little or no opposition to this project. He pointed out, however, that his association is concerned about the noise, dust, dirt, etc., during the construction of this project and stated that they hope the City will take the proper steps to ensure that there are no extraordinary impacts that result. Mr. Correll stated that he is personally concerned about traffic, particutarly on Hosp Way. He stated that in his twelve years in residence, he has seen and heard many accidents or near accidents in that area. He indicated that he and his homeowners association are aware of the bonding required for the eventual installation of a traffic signal at Hosp and Wintergreen and added that it is their wish to have either a stop sign or a signal become a reality at that intersection. Mr. Correll pointed out that he does not feel that the new project will have a great impact on this intersection, however, he is concerned that those new residents will become casualties of the aforementioned intersection. He also stated that because there are accidents involving only one car and some with no injuries, that the statistics for that intersection are not accurate and do not adequately reflect how dangerous it really is. He also stated that, in his opinion, it is much more dangerous for drivers turning left from Wintergreen on to Hosp than it is for drivers turning right from Donna Drive. . Commissioner Compas asked if Mr. Correll has talked to the City about getting a signal at that intersection. Mr. Correll responded that he has been in touch with the City only to be told that the traffic studies show that a signal is not warranted. He also stated that they have presented several petitions to the City, over the past several years, in an attempt to get better controls but have not had any luck. Ken Dabbs, P.O. Box 619, Carlsbad, resident and owner of the home and acreage adjacent to the Pacific View Estates project, stated that his property is surrounded on five sides by this project. Mr. Dabbs stated that he has asked the applicant to send a surveyor to put out some stakes to indicate where the access ways will be but as yet has had no visual indication as to the actual location of these access ways. He pointed to one of the lots and stated that he has a recorded easement of 32 feet and for an exchange of 10 feet, he is to be given a 20 foot entrance at another location. Mr. Dabbs also said that the applicant had agreed to pave that entrance to his property. Also, Mr. Dabbs stated that the applicant has said that he will put the utilities behind the curb for Mr. Dabbs’ use at a later date and pointed out that there has been nothing in the report addressing either of these points. Mr. Dabbs pointed to another lot and indicated that the proposed elevation is 280‘ which is 10 feet higher than the original plans showed. Lastly, Mr. Dabbs stated that in order to obtain the grades and slopes to match that street, they will have to take part of his property for slope rights and he hasn’t signed anything giving them slope rights. Commissioner Welshons asked Mr. Dabbs if he has had an opportunity to look at these plans prior to this meeting and he stated that he had only had them for a few days. Tony Johnston, 3185 Blenkame, Carlsbad, stated that Mr. Dabbs is correct in his assessment of problem of slope rights and that without some corrections to the plans, it will not be possible to build a driveway to the Dabbs property. Chairperson Nielsen, asked Mr. Johnston if his definition. regarding the grades and slopes, is that the slopes are too steep to access and Mr. Johnston answered affirmatively. Adam Zocco, 2964 Wintergreen Drive, agreed that there should be some type of traffic control at Wintergreen and Hosp, because it is very difficult to negotiate a turn from Wintergreen on to Hosp. He also stated that he would prefer if the developer would only break through the barrier at the end of his MINUTES PLANNING COMMISSION May 21,1997 Page 9 .- street, as a last resort. His point was that by not breaking through at the beginning of the project, the trucks and other equipment would not be impacting Wintergreen with noise and dirt. He suggested that they break through from the other end. Commissioner Noble stated that the Planning Commission has no jurisdiction over traffic control, ogy land use. He suggested that Mr. Zocco should again approach the Traffic Safety Commission and ask for their assistance. Assistant City Attorney Rudolf interjected that Mr. Zocco appeared to be suggesting a condition, to have the break through to Wintergreen postponed to the end of construction, which was potentially appropriate to be considered as a condition of the subdivision map, if it would work and the Commission approved, Mr. Quon stated that the project is already set up for an approach to the Phase #2 construction area from the direction of the water reservoir and that the Engineering Department will take efforts to minimize the effects of the construction on the existing neighborhoods. ' Don Jack, P.O. Box 2198, Carlsbad, representing Pacific View Estates, stated that he and Mr. Dabbs have had three personal conversations regarding this project, over the course of the past two years. He pointed out that they have made certain that Mr. Dabbs will have adequate ingress and egress to his property as well as doing the same for other adjacent properties. Mr. Jack indicated that he had recently sent a letter, a full sized tract map, along with the design of the elevations that are planned for that particular property. In addition to the mailing to Mr. Dabbs, Mr. Jack stated that he had sent identical mailings to all of the homeowners associations in the area. He pointed out that in their effort to accommodate the various circumstances surrounding this project, they have had to change the plans 31 times at an added cost of approximately $100,000. Mr. Jack stated that at their first meeting Mr. Dabbs, knowing that the developer is required to provide him with no more than a 32 foot easement, asked for (and received) two 20 foot easements - one off 'A" St. and one off 'B" St. Mr. Jack pointed out that they have met every condition required by the City, including the connection of wintergreen Drive. Regarding the steepness of the driveway to the Dabbs property, Mr. Jack stated that it is not too steep to be accessible. Mr. Jack also stated that in their early agreement with Mr. Dabbs, they would provide him with 'stub-outs" and he agreed to pave his own street, if and when he decided to develop the property. Mr. Jack added that it is imperative that he be able to landscape the lots (eventual driveways to the Dabbs property) across the street from the models on Wintergreen. Commissioner Noble.asked Mr. Jack about Mr. Dabbs' concern regarding the survey of the property and also his concerns regarding the utilities. Mr. Jack responded that at their first meeting, Mr. Dabbs agreed to do his own paving and as for the survey, he stated that he doesn't remember any such agreement for a survey and furthermore, he would not have agreed to that if it had been a part of their discussion. Chairperson Nielsen asked if Mr. Jack has any sort of written agreement with Mr. Dabbs. Mr. Jacks response was negative although the City required that he procure a letter from Mr. Dabbs, which somewhat recaps their agreement regarding the driveways and the fact that Mr. Dabbs does want to develop his property at some time in the future. Commissioner Compas asked if Mr. Jack has ever had anyone stake any part of Mr. Dabbs' property, Mr. Jack stated that he had not and that he also never agreed to have his property surveyed. . . Commissioner Compas asked if Mr. Jack had agreed to paving and utilities. MINUTES -. PLANNING COMMISSION May 21,1997 Page 10 Mr. Jack stated that he had not agreed to paving but he had agreed to install "stub-outs" for sewer and water. Commissioner Compas questioned Mr. Jack with regard to the additional height of the lot overlookig Mr. Dabbs' back yard. Mr. Jack stated that the City required them to drop the level of the street in order to connect with the existing street and that they have no control over those requirements. Commissioner Compas asked Mr. Jack whether or not he agrees with Mr. Johnston's assessment of the slope height and Mr. Jack stated that he does not agree with that assessment at all. Commissioner Welshons asked for the dimensions of the access ways. Mr. Jack responded by pointing out that there are two, 20-foot wide access'ways. Seeing no one else wishing to testify, Chairperson Nielsen closed the Public Testimony. Observing one person wishing to give testimony, Chairperson Nielsen re-opened the Public Testimony. Mr. Bass, Engineer, 8680 Navajo Rd., #218, San Diego, spoke regarding Mr. Dabbs' claim that the access road (lot 10) is too steep and would require slope rights. He pointed out that the Dabbs' property is currently very steep, has two levels, and the new lot that will exist at the conclusion of the sub-division will be at the lower level. He also indicated that the access way over Lot 10 will not be too steep. Seeing no one else wishing to testify, Chairperson Nielsen closed the Public Testimony. Chairperson Nielsen declared a recess at 6:48 p.m. and re-convened at 7:02 pm,, with six Commissioners present. Ms. Woods asked Mr. Dabbs if his representative had discussed these plans with him. Mr. Dabbs stated that the first time he has had an opportunity to view these plans was just a few days ago after his representative picked them up. Ms. Woods stated that there have been several issues raised at this meeting that staff was not aware of and requested that this item be continued to June 4, 1997. .. Assistant Planning Director Wayne suggested that if the Commissioners have any other issues they would like staff to address, they should include them in the motion to continue. ACTION: Motion by Commissioner Savary, and duly seconded, to continue CT 96-03, PUD 96-03, HDP 96-03 and SDP 96-04 to the next Regular Meeting on June 4, 1997, in order to resolve the Issues brought by the participants. Commissioner Welshons asked staff to review the elevation of Lot 33, in relation to Mr. Dabbs' property and the question of slope rights; clam the Condition of not allowing construction traffic to use Wintergreen Drive through the Hillgate property; review the agreement to provide utilities to Mr. Dabbs' property; address the noise and dust problem during grading and research any recourse that people may have; review the discussion regarding traffic and the timing of the signal at Wintergreen and Hosp; and, review the issue of landscaping v. paving of the access way. MINUTES PlANNlNG COMMISSION May 21,1997 Page 11 Regarding the Elm Reservoir, Commissioner Monroy asked staff to make sure that there will be no complications with regard to the Water Department. VOTE: 6-0 AYES: NOES: None Nielsen, Noble, Savaty, Monroy, Welshons, and Compas L Commissioner Heinernan returned to the dais. . .. Carlsbad Planning Commission C/O Michael HolPniller - Planning Director 2075 La Palmas Drive Carlsbad, California 92009 May 19, 1997 To The City Planners, This petition is sent to you in the interest of the residents of Hillgate Estates, ' located offbHosp Drive in Carlsbad and involving the streets of Wintergreen and Doreet. At this the this is a quiet neighborhood where children can safely play and ride their bikes and traffic is restricted to the residents of this development. We have been informed that there is intention of opening up Wintergreen Drive to Carlsbad Village Drive. This would in fact disrupt this development with the through traffic. We wish to stop this unnecessary change and maintain the safety and tranquillity of this neighborhood. Since this only represents more expense for the Developer and only represents a change for the worse to our neighborhood, we hope you seriously consider this petition. There is adequate turn around space on Dorflintergreen for any fire equipment. The benefit to the neighborhood of keeping this street as a cul-de-sac by fhr outweighs any theoretical detriment as to fire department access. 1 2 3 4 5 6 7 8 9 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE 8.52 ACRES INTO TWENTY SIX SINGLE FAMILY LOTS THREE LOTS TO PROVIDE LEGAL ACCESS TO ADJACENT PROPERTIES AND FOUR OPEN SPACE LOTS FOR A TOTAL OF 33 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF CARLSBAD VILLAGE DRIVE AT DONNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: PACIFIC VIEW ESTATES - CASE NO.: CT 96-03 WHEREAS, Pacific View LTD, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel W. Ryan, “Owner”, described as A Portion of the northwest quarter of the southwest quarter of Section 32, Township 11 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A”-“O” dated May 21, 1997, on file in the Planning Department (Pacific View Estates - CT 96-03/PUD 96-03/HDP 96-03/SDP 96-04), as provided by Chapter 20.12 of theCarlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of May 1997, 4th of June 1997, and the 18th of June 1997, 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. WHEREAS, on June 18, 1997, the Planning Commission approved, CT 96-03, as described and conditioned in Planning Commission Resolution No. 4100. 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 x NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: * A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES Tentative Tract Map CT 96-03, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. ... That the proposed map and the proposed design and improvement of the subdivision as condition, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project: is a medium-low density single family residential development; is designed in accordance with the Subdivision and Planned Development Ordinances; and is in compliance with the recommendations of the required technical studies for soils, drainage, noise, and biological resources. The proposed subdivision also provides all necessary public improvements to serve the demand generated by the development. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Low-Medium o, Residential Medium (RM) and Residential Medium-High (RMH) development on the General Plan, and the project is a residential development with a density of 3.97 du/acre which is within the Residential Low-Medium density range which is compatible with the surrounding land uses. 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 has similar lot sizes as nearby single and multiple family developments of the area, and the project meets all City standards for street widths, setbacks, grading and drainage for the development. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and structured such that there are no conflicts with any established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). PC RES0 NO. 4 100 -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 6. 7. 8. 9. 10. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the area is dominated by westerly wind patterns which will allow the utilization of natural heating and cooling opportunities. That the Planning Commission has considered, in connection with the housLg proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that all applicable environmental mitigation measures required by the Mitigated Negative Declaration, dated January 22, 1997, have been incorporated into the project and/or added to the project as conditions of approval. 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 City required sewer and drainage facilities. Pursuant to City Engineering Standards the project is conditioned to comply with National Pollution Discharge Elimination System (NPDES) standards to prevent any discharge violations. The Planning Commission finds that the project, as conditioned herein for compliance with Local Facilities Management Zone 1, compliance with RA-10,000 Zoning, and compliance with Planned Development and Hillside Development regulations, is in conformance with the Elements of the City's General Plan, based on the following: a. Land Use - The project is consistent with the City's General Plan since the project at a density of 3.97 du/acre is within the density range of the RLM General Plan designation (0-4 du/ac). Although the project is above the growth management density control point of 3.2 du/acre, as provided for in the General Plan, a project can exceed the growth control point if the zoning is consistent with the General Plan, including the land use designation, and no more than a maximum of twenty five (25) percent additional units are proposed in excess of the growth control point. This provision would allow a maximum of 30 units on the site. Since the applicant is proposing 30 units, and the R-A-10,000 zoning is consistent with the RLM General Plan designation, this project is in compliance with the Land Use Element of the General Plan. Further, as a single family development on minimum 7,000 square foot lots, the project is compatible with surrounding uses including the multiple family apartments, small lot single family units (4,000 square foot minimum lot sizes) and standard lot (10,000+ square feet) single family units. PC RES0 NO. 4 100 -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 The project is consistent with the City’s General Plan since the proposed density of 3.97 ddacre is within the density range of 0-4 ddacre specified for the site as indicated on the Land Use Element of the General Plan. b. Circulation - The project is conditioned to complete all necessary onsite and offsite roadway improvements prior to occupancy of any unit inieach phase of the project. In addition, the project is designed and conditioned to provide public street access to the neighborhood on Wintergreen Drive which has inadequate secondary access and public street access to two parcels that have inadequate public street access. c. Noise - That as designed and conditioned to mitigate potential noise impacts from Carlsbad Village Drive, the project is consistent with the City’s noise standard of 60 dBA CNEL exterior and 45 dBA CNEL interior. d. Housing - That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict 4 dwelling units as affordable to lower-income households and to purchase .5 credit as permitted pursuant to Section 21.85.040(c) of the Carlsbad Municipal Code. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a. The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service.is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. c. Park-in-lieu fees are required as a condition of approval. d. All necessary public improvements have been provided or are required as conditions of approval. e. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. PC RES0 NO. 4100 -4- 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. ... The project has been conditioned to pay any increase in public facility fee, or new construction tax; or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 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. - This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City’s public facility plans will not be adversely impacted, in that as designed and conditioned the project will comply with the City’s public facility plans and will provide all necessary public facilities including streets, water and sewer facilities to meet the needs of the development. That there have been suEcient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that as designed and conditioned the project will comply with the City’s public facility plans and will provide all necessary public facilities including streets, water and sewer facilities to meet the needs of the development and will pay all necessary fees for public facilities. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft impacts. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the project site is located outside of the 60 dBA CNEL noise contour of the airport. That the habitat loss does not cumulatively exceed the 5% guideline established in the Draft Conservation Guidelines of the Draft Natural Community Conservation Plan (NCCP), in that the proposed take of 1.95 acres of low quality coastal sage scrub habitat is consistent with the City policy for interim take and there is currently a balance under the 5% limitation to accommodate the 1.95 acre take proposed with this project. As conditioned, the project is required to process a City “Take” permit pursuant to City requirements to ensure that there continues to be an adequate balance of the 5% limitation lands available at the time this project proposes to develop. PC RES0 NO. 4100 -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 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. That the habitat loss will not preclude connectivity between areas of high habitat values. in that the project site consists of low quality, isolated habitat areas that are not located within any of the City’s HMP core areas or core linkage areas. That the habitat loss will not preclude or prevent the preparation of the City’s Habitat Management Plan, in that the habitat loss on the site is small (1.95 acr’es) and the habitat on the site is low quality coastal sage scrub which is not located within a core area of core linkage area, as identified in the City’s HMP. That the habitat loss has been minimized and mitigated to the maximum extent practicable in accordance with the mitigation established by the NCCP Guidelines, in that the habitat loss will be mitigated at a minimum of 1:l ratio as recommended by the resource agencies. That the habitat loss will not appreciably reduce the likelihood of the survival and recovery of listed wildlife species in the wild, in that the project site consists of low quality, isolated habitat areas that are not located within any of the City’s HMP core areas or core linkage areas. That the habitat loss is incidental to otherwise lawful activities, in that as conditioned, all necessary permits including hillside devel.opment, grading and a 4(d) “Take” permit will be obtained for this project. That the project is consistent with the City’s Landscape Manual, adopted by City Council Resolution No. 90-384. Adjacent properties with inadequate public street access will be provided adequate public street access as this project has been designed. That the property cannot be served adequately with a public street without a panhandle lot (Lot 14) due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the project site is an infill-hillside property, with an unusual shape which is more sensitively graded utilizing a panhandle lot. That the subdivision with a panhandle lot on Lot 14 will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that as designed, all lots have public street access as shown on Exhibits “A” - “0”. That the buildable portion of Lot 14 consists of an area of greater than 8,000 square feet, three parking spaces provided within a garage and adequate turn-around space for vehicles to maneuver, which meets the requirements of Section 21.10.O8O(d)(l) of the Carlsbad Municipal Code. That the front, sides, and rear property lines on Lot 14, for purposes of determining required yards, are as shown on Exhibit “A”, on file in the Planning Department. PC RES0 NO. 4100 -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 30. 31. 32. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts cause by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. The change of use of City of Carlsbad owned property from reservo& to public street is consistent with the Carlsbad General Plan in that as provided for in the Circulation Element of the General Plan, the public roads (Donna Drive and “B” Street) have been designed to maintain City standards for the design and construction of roads by providing secondary access to the Hillgate Estates neighborhood which does not currently have secondary access to meet City standards, and consistent with the Circulation Element of the General Plan, the project is a joint public/private effort to improve circulation in a developed area. That the use of Second Dwelling Units to satisfy the inclusionary housing requirement for this project is an acceptable alternative for providing affordable housing in that: the proposed project is a small in-fill project in which using other means of satisfying the inclusionary housing requirements of Chapter 21.85 would be almost impossible; and, the proposed Second Dwelling Units comply with the recommended Housing Commission policy for the use of Second Dwelling Units including the unit size being greater than 400 square feet, the unit design containing one bedroom, and no direct access provided to the SDU from the main house. Conditions: Planning: 1. The Planning Commission does hereby APPROVE the Tentative Tract Map for the project entitled Pacific View Estates (Exhibits “A” - “0” dated May 21, 1997, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth.) Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Tentative Tract Map document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Tract Map as approved by the final decision making body. The Tract Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. ... PC RES0 NO. 4100 -7- 1 2 3 4 5 6 ,7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. reduced legible version of the approving resolution@) on a 24” x 36” blueline drawing. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time.of occupgcy. A note to this effect shall be placed on the final map. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the subdivider’s agreement to pay the public facilities fee dated March 22,1996, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of CT 96-03 is granted subject to the approval of PUD 96-03, HDP 96-03, and SDP 96-04. CT 96-13 is subject to all conditions contained in of PUD 96-03, HDP 96- 03, and SDP 96-04 for the Planned Development Permit, Hillside Development Permit, and Site Development Plan. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 4100 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 PC RES0 NO. 4 100 -8- 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. 19. 20. the Developer or successor in interest. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occ& first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. That the slopes west of Donna Drive and adjacent to Lots 8 and 27 shall be heavily landscaped with trees and ground cover to soften the visual impacts of these slope areas, subject to the satisfaction of the Planning Director. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The Developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. 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. 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). Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 4 dwelling units (including: Units one unit each on Lots 14,21,24 and 27) as affordable to lower-income households for the useful life of the dwelling units, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the PC RES0 NO. 4100 -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 21. 22. 23. Planning Director prior to submittal of final map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Within 90 days of the approval of CT 96-03, the Developer shall pay to the City a fee to purchase .5 of an affordable housing subsidy unit as permitted pursuant to Section 21.85.040(c) of the Carlsbad Municipal Code, unless an alternac method of satisfying the fractional affordable housing requirement is approved in the Affordable Housing Agreement. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. The Developer shall establish a homeowners’ 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 bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots andor the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots andor Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. C. Special Assessments Levied bv the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection PC RES0 NO. 4 100 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. 25. 26. 27. 28. 29. 30. 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 Akociation by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration.” The Developer shall dedicate on the final map, an open space easement for those portions of lots 1, 4-9, 12, 13, 15, 17-20, 26-29 and 33 which are in slopes, in their entirety to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping other than that approved as part of the landscape plans as shown on Exhibits “E” - “F”. This project shall comply with all conditions and mitigation measures which are required as part of the approved Mitigated Negative Declaration as contained in Planning Commission Resolution No. 4099 and contained in the Mitigation Monitoring Program for Pacific View Estates attached thereto. The applicant shall apply for a 4(d) “Take” permit following submittal of application for grading permit and prior to issuance of that grading permit, the applicant shall obtain approval of the 4(d) “Take” permit by the Carlsbad City Council. Street lighting shall be provided pursuant to City standards. The RV storage area on Lot 8 shall be screened from adjacent properties and the street with a combination of screen walls, decorative fencing and landscaping as approved by the Planning Director. The walls on Lots 4,5,6, 7,9,11, 12 and 28 are to be an earth tone color similar to that of the soil and are to be softened with landscaping subject to the satisfaction of the Planning Director. The Open Space designation on Lots 10, 11 and 32 shall be removed and these lots shall be designated for access purposes only. PC RES0 NO. 4100 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31. Prior to final map or grading permit whichever occurs first, the proposed landscape plans shall be revised to include the landscaping of Lot 10. The design of landscaping shall be to the satisfaction of the Planning Director. A landscape easement shall be placed over the entirety of Lot 10 and the project CC&b shall include a provision requiring the maintenance of Lot 10 until such time as Lot 10 is needed for access purposes for the adjacent property. At SUCK time, the Homeowners’ Association shall relinquish the landscape maintenance easement. The project CC&Rs shall include a provision that fully discloses the fact that Lot 10 is intended to be paved and used as a driveway to access future development of the adjacent Dabbs’ property. 32. The applicant shall modify the configuration of access Lots 10 and 11 per the revised site plan Exhibit “X”, attached hereto. The modification of Lots 10 and 11 shall be reflected on the conforming mylar required as condition of project approval. 33. The Developer shall apply for and obtain a finding from the Housing Commission that the affordable housing aspect of the project is consistent with the Housing Commission Guidelines on Second Dwelling Units, approved May 8,1997. En Pineering: Unless specifically stated in the condition, all of the following engineering conditions. upon the approval of this proposed major subdivision. must be met prior to approval of a final map. 34. 35. 36. 37. 38. Prior to issuance of any building permit, the developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formerly established by the City. This project is approved for up to three final subdivision maps for the purposes of recordation. If the developer chooses to record a final subdivision map out of the phase shown on the tentative map, the new phasing must be reviewed and approved or conditionally approved by the City Engineer and Planning Director. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs (if maintained by the Association) and on the final map. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. PC RES0 NO. 41 00 -12- 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 .. 3 9. 40. 41. 42. 43. 44. 45. 46. 47. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Rain gutters must be provided to convey roof drainage to an approvGd drainage course or street to the satisfaction of the City Engineer. Alternatively, the developer may submit to the City Engineer a letter from their soils engineer stating their approval of a drainage design which conveys runoff to a swale located less than 5’ from the building face. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the final map (and in the CC&Rs): “No structure, fence, wall, 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 a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.“ The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project appears to be required. The developer must submit and receive approval for grading plans in accordance with City codes and standards prior to issuance of a building permit for the project. Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as PC RES0 NO. 4100 -13- 1 2 3 4 5 6 .? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 48. 49. 50. 51. 52. determined by the City Engineer and Planning Director. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and withoGt cost to the City. Streets that are already public are not required to be rededicated. Prior to issuance of building permits, the developer shall underground all existing overhead utilities within the subdivision boundary. Direct access rights for all lots abutting Carlsbad Village Drive shall be waived on the final map. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: Phase 1 1. Full width street improvements of "A" Street. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. PC RES0 NO. 41 00 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 54. 55. 2. Phases 2 1. Water and sewer utility stubs to Lot 10. Full width street improvements of “B” Street and Wintergreen 6rive within the Phase 2 boundaries. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. A 24’ wide paved travel way on “B” Street and Donna Drive from the Phase 2 boundary to its intersection with Carlsbad Village Drive. This travel way is for emergency access purposes and shall be designed to the satisfaction of the City Engineer. 1. Full width street improvements of “B” Street within the Phase 3 boundaries. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 2. Half-width street improvements plus 12’ of additional paving on Donna Drive. Improvements shall include, but are not limited to, curb, gutter, sidewalk, asphalt paving, and street lighting. 3. Water and sewer utility stubs to Lot 32. 4. Removal and replacement of fencing, landscaping and access to the water tank property. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Prior to final map approval the developer shall enter into an agreement to transfer the ownership of Lots 10, 11, and 32, to the adjacent off-site properties. Prior to approval of final map, the developer shall demonstrate to the satisfaction of the City Engineer that all existing private access easements over the project site have been quitclaimed or otherwise extinguished. Access and utilities to all adjoining lots shall be available at all times, including during construction. Prior to issuance of grading permit, the developer shall submit a plan, for review and approval by the City Engineer and Fire Marshall, which demonstrates how access is to be maintained to adjoining properties during construction. PC RES0 NO. 4 100 -1 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 56. 57. 58. 59. 60. 61. 62. 63. The developer shall obtain a City right-of-way permit prior to beginning construction of street improvements. Prior to occupancy of the first unit in Phase 1, the developer shall enter into a bond agreement with the City to pay, on demand by the City, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Wintergreen Drive and Hosp Way. This agreement shall terminate five years from the date of occupancy of the first unit in Phase 3 of the subdivision. Prior to occupancy of the first unit in Phase 1, the developer shall enter into a bond agreement with the City to pay, on demand by the City, one-fourth of the cost for the design and construction of a traffic signal and advance warning system at Donna Drive and Carlsbad Village Drive. This agreement shall terminate five years from the date of occupancy of the first unit in Phase 3 of the subdivision. Prior to final map approval the developer shall acquire City-owned property shown within the right-of-way for Street “B”. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data: 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 a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. The “B” Street connection to Wintergreen Drive is to remain barricaded and inaccessible to traffic until such time that “B” Street is opened as a public street. A lockable gate shall be provided at this connection point for access by Pacific View Estates sales staff. Prior to final map approval, the applicant shall obtain an easement from the City for landscape maintenance purposes on the reservoir parcel. The applicant shall work in conjunction with the adjacent property owner to facilitate the installation of gas, electricity, and cable television stubs to Lot 10 and Lot 32. The applicant is not responsible for costs associated with providing these utilities. All associated costs for labor, materials, connection charges, and agency fees and deposits shall be borne by the adjacent property owners. Water District: 64. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands can be met. PC RES0 NO. 4100 -16- 1 2 3 4 5 6 7 8 9 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 65. 66. 67. 68. 69. 70. ... ... The Development shall be responsible for all fees, deposits and charges which will be collected before andor at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. * Sequentially, the Developer’s Engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrigational needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. c. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (Le. GPM - EDU) This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. The Developer shall improve the north and west boundaries of the reservoir site property through grading, construction of curb, gutter, sidewalks, and road surface to match “B” Street and Donna Drive improvements, install new entrance driveway to the reservoir site, and provide a gate, security fencing and landscaping subject to the satisfaction of the District Engineer. On the east boundary to the reservoir, the Developer shall provide grading, security fencing and landscaping to the satisfaction of the District Engineer. The Developer shall grade the reservoir property and construct road improvements to match “B” Street and Donna Drive improvements. Prior to approval of the final map or issuance of grading permit, whichever occurs first, the Developer shall consult with the Water District regarding the relocation of the existing water pipeline easement on the property. The Developer shall relocate the water pipeline within a 15 to 20 foot wide easement, at a location to be reviewed and approved by the District Engineer prior to final map or grading permit, whichever occurs first. In return,‘the Water District will quitclaim the existing water pipeline easement. The exact size and location of the proposed easement shown on the tentative tract map is preliminary, and may be modified. PC RES0 NO. 4100 -1 7- 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - Fire: 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. Prior to issuance of building permits, the Fire Departments shall evaluate building plans for conformance with applicable fire and life safety requirements of the state and local Fire Codes. - Provide additional public fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but should be positioned no closer than 100 feet from terminus of a street or driveway. The applicant shall submit a site plan to the Fire Department for approval, which depicts the location of required, proposed and existing public water mains and fore hydrants. The plan should include off-site fore hydrants within 200 feet of the project. The applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of Section 17.04.020 of the Carlsbad Municipal Code. Native vegetation which presents a fire hazard to structures shall be modified or removed in accordance with the specifications contained in the City of Carlsbad Landscape Manual. The applicant shall submit a fire suppression plan to the Fire Department for approval. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements at least two existing intersections of streets. The map shall also clearly depict street centerlines, hydrant locations and street names. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time; if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or'further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of PC RES0 NO. 4100 -18- 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 Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Site Development Plan. Standard Code Reminders: The project is subject to all applicable provisions of Federal and State laws and loca ordinances, including but not limited to the following: 81. 82. 83. 84. 85. 86. 87. 88. 89. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: “Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is RLM dwelling units per non-constrained acre. All Parcels were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include all parcels under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code.” The following note shall be placed on the Final Map: “Prior to issuance of a building permit for any buildable lot within the subdivision, the Developer shall pay a one-time special development tax in accordance with the City Council Resolution No. 9 1-39.” Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. 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. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. PC RES0 NO. 4 100 -19- 1 2 3 4 5 6 ,7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 90. 91. 92. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided ig accordance with the Carlsbad Municipal Code and the City Engineer. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of June 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Monroy, Noble, Savary and Welshons NOES: None ABSENT: Commissioner Heineman ABSTAIN: None ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 4 100 -20- EXHIBIT “A” .EXHIBIT ‘LOT 10 OPEN SPACE 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 the City ‘0 PLANNING COMMISSION RESOLUTION NO. 4103 A RESOLUTION OF THE PLA”G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE ACRES INTO TWENTY SIX SINGLE FAMILY LOTS THREE LOTS TO PROVIDE LEGAL ACCESS TO ADJACENT PROPERTIES AND FOUR OPEN SPACE LOTS FOR A TOTAL OF 33 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF CARLSBAD VILLAGE DRIVE AT DONNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PACIFIC VIEW ESTATES - DEVELOPMENT PLAN NO. SDP 96-04 TO SUBDIVIDE 8.52 CASE NO.: SDP 96-04 WHEREAS, Pacific View LTD, “Developer”, has filed a verified application f Carlsbad regarding property owned by Daniel W. Ryan, “Owner”, described as A Portion of the northwest quarter of the southwest quarter of Section 32, Township 11 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Permit as shown on Exhibits “A”-“O” dated May 21, 1997, on file in the Planning Department, Pacific View Estates- SDP 96-04, as provided by Chapter 21.82.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of May 1997, 4th of June 1997, and the 18th of June 1997, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. 1 2 3 4 5 6 *7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. - B) That based on the evidence presented at the public hearing, the Commission APPROVES Site Development Permit, SDP 96-04 based on the following findings and subject to the following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that as designed, the project is compatible with surrounding projects, is similar in density to surrounding development, has been designed with building pads that step-down the hillside, is consistent with the Land Use and Housing Elements of the Carlsbad General Plan, complies with the development standards of the Planned Development Ordinance, Hillside Development Ordinance and the R-A-10,000 Zone. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed project as designed, provides reasonably-sized units, adequate parking and landscaping, and with a maximum height of 30-feet is compatible with the surrounding neighborhood. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project complies with all standards of the Planned Development Ordinance, R-A-10,000 Zone and Hillside Development Ordinance. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the twenty six single family residences and four second dwelling units will generate approximately 292 ADT to the area which can be adequately handled by the new local streets designed in the project as well as the existing surrounding circulation system. The proposed circulation system will provide adequate access to all units, adequate room for vehicular movement, two or three car garages for each unit for resident parking, and adequate on-street guest parking. Further, this project has been designed to provide secondary access to an adjacent development with inadequate secondary access, as well as public street access to two adjacent parcels with inadequate public street access. ... PC RES0 NO. 4103 -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 & Planning: Conditions: 1. 2. 3. ... ... ... ... ... ... ... ... ... The Planning Commission does hereby APPROVE the Site Development Plan for the project entitled Pacific View Estates (Exhibits “A”-“0” dated May 21, 1997, on file in the Planning Department and incorporated by this reference), subject to the conditions herein set forth. SW is authorized and directed to make, or require DevelGer to make, all corrections and modifications to the Site Development Plan document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. Approval of SDP 96-04 is granted subject to the approval of CT 96-03, PUD 96-03 and HDP 96-03. SDP 96-04 is subject to all conditions contained in CT 96-03, PUD 96-03 and HDP 96-03 for the Tentative Map, Planned Development Permit and Hillside Development Permit. Second Dwelling Units shall be provided on Lots 14, 21, 24, and 27 as indicated on Exhibit “A”, unless an alternate location is established in the Affordable Housing Agreement. PC RES0 NO. 4103 -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 -_ PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 18th day of June 1997, by the following vote, to wit: - AYES: Chairperson Nielsen, Commissioners Compas, Monroy, Noble, Savary and Welshons NOES: None ABSENT: Commissioner Heineman ABSTAIN: None ~ ~~ ~~~~~ ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 4103 -4- I The Cify of Carfsbad Housing & Redevelopment Department A REPORT TO THE HOUSING COMMISSION Item No. 2 - Sta8 Evan Becker Housing and Redevelop. Director DATE: JULY 10, 1997 SUBJECT: HOUSING ELEMENT REVISIONS - STAFF REPORT ON PROPOSED REVISIONS TO HOUSING ELEMENT REGULATIONS AND RELATED REPORTING REQUIREMENTS. I. RECOMMENDATION No action required. Informational report only 11. PROJECT BACKGROUND Staff will provide a verbal report during the meeting regarding the status of the SANDAG Subcommittee working on recommended changes to the Housing Element regulations and related progress reporting requirements.